By Foday Moriba Conteh
The Human Rights Commission of Sierra Leone (HRCSL) has formally submitted its Position Paper on the Constitution of Sierra Leone (Amendment) Bill, 2025 to Parliament, outlining a series of recommendations aimed at strengthening electoral justice, fairness, inclusivity, the rule of law and the protection of human rights.
In a statement issued on 9 June 2026, the Commission acknowledged that the proposed Constitutional Amendment Bill contains several progressive provisions intended to improve Sierra Leone’s electoral system and democratic governance. However, it also identified areas requiring further refinement and urged Parliament’s Legislative Committee to consider its recommendations before the Bill is enacted.
Established under the Human Rights Commission of Sierra Leone Act, 2004, the Commission recalled that one of its statutory responsibilities is to advise the Government on draft legislation that may affect human rights. It stated that its submission was made in fulfilment of that mandate.
The HRCSL also highlighted Sierra Leone’s international and regional human rights obligations, including commitments under the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Democracy, Elections and Governance. According to the Commission, those instruments underscore the importance of free, fair and inclusive elections, equal participation in governance and effective legal remedies for violations of constitutional rights.
Among its key recommendations, the Commission welcomed the proposal to establish a Search and Nomination Committee to oversee the appointment of Electoral Commissioners, describing the initiative as a positive step towards improving transparency, fairness and public confidence in the process. However, it recommended that members of the committee should be appointed directly by their respective institutions rather than by the President, arguing that such an approach would enhance independence and reduce public suspicion.
The Commission also proposed an amendment to ensure that Electoral Commissioners appointed before reaching the mandatory retirement age of 65 should be allowed to complete their full terms even if they attain that age while still in office.
On provisions relating to the participation of women, HRCSL welcomed the proposed measures, stating that they reinforce Government’s commitment to promoting women’s rights and increasing female participation in public life, consistent with Sierra Leone’s obligations under international and regional human rights instruments, the Universal Periodic Review recommendations and the Gender Equality and Women’s Empowerment Act, 2022.
The Commission further praised the Bill’s recognition of independent presidential candidates, noting that the provision broadens political participation and prevents the disenfranchisement of citizens. However, it expressed concern over the requirement that independent candidates demonstrate “sufficient financial capacity,” describing the condition as potentially exclusionary and discriminatory. It recommended that this requirement be removed and that independent candidates be subject only to the same nomination fees applicable to candidates sponsored by political parties.
Regarding presidential elections, HRCSL recommended reducing the proposed district threshold from 20 percent to 15 percent, arguing that the higher threshold could unnecessarily increase the likelihood of run-off elections.
The Commission also recommended extending the period for filing presidential election petitions before the Supreme Court from three days to 14 calendar days, describing the existing timeframe as inadequate for meaningful access to justice. It further proposed introducing a similar 14-day petition period following the outcome of any presidential run-off election.
To promote orderly transfers of power, HRCSL recommended that the Constitution should require a President-elect to be inaugurated within 90 days after being declared the winner of a presidential election, thereby providing sufficient time for a proper transition process.
On the tenure of the President and Vice President, the Commission urged Parliament to remove the provision stating that “loss of party membership alone” should not constitute grounds for removal from office. It argued that party membership should not be included among the constitutional conditions governing the removal of either office holder.
The Commission also proposed that, under Section 76 of the Bill, the broad phrase “any other offence” should be replaced with the more precise term “summary offences” carrying a minimum punishment of 12 months’ imprisonment, in order to improve legal clarity.
In its concluding remarks, HRCSL commended the leadership of the political parties represented in Parliament and the Office of the Attorney General and Minister of Justice for creating an open and participatory constitutional review process. The Commission expressed hope that its recommendations would be incorporated into the final legislation to further strengthen democracy, protect human rights and serve the broader interests of the people of Sierra Leone.
The Position Paper was signed by Victor Idrissa Lansana Esq., Vice Chairperson and Commissioner for the Oversight Directorate of Treaty Body and International Mechanisms, on behalf of the Human Rights Commission of Sierra Leone.
