By Amin Kef Sesay
In December 2017, one political commentator lamented that the former Government’s rejection of important constitutional review recommendations by the late Justice Edmond Cowan Constitutional Review Committee was a missed opportunity to strengthen human rights protection. It rejected over 100 of the 134 recommendations, such as abolition of the death penalty and enshrining provisions on economic, social and cultural rights and equality for women.
Thus, many urged the Government to reconsider its position and to provide Sierra Leone with the rights based constitution it deserves.
Others reminded the Government of its ongoing obligation to uphold the rights enshrined in the international treaties it had ratified.
On the other hand, President Bio in his Statement on The Report on The Review of 2017 Government White Paper on The Sierra Leone Constitution stated that rather than shy away from the hard-hitting recommendations of the Truth and Reconciliation Commission as his predecessor did, he had actively implemented them because he believes that those governance reforms are in the best interests of this nation.
“We promised to remedy the “weaknesses, shortcomings and other lacunae that manifest themselves in the course of application of the terms of the Constitution [. . .], by way of specific amendments of its relevant parts, in order to give efficacy to the promotion and protection of good governance and respect for the Rule of Law at all times,” President Bio said at last week’s launching.
President Bio noted that his Government accepted the full White Paper as accepted is rational and more extensive than the 2017 white paper.
For instance, he said, it includes human dignity and equality among fundamental principles of State policy, new sections for gender inclusivity, agrees with change in nomenclature of groups of persons in line with international best practices, and places the burden on the State to prohibit discrimination while promoting national integration and unity.
Recommendations agreed to include repeal Part V of the Public Order Act; establishment of an Independent Commission for Peace and National Cohesion to identify and resolve potential triggers of conflict in our nation; abolished the brutal and inhumane death penalty for all crimes; deepened and speeded up the process of decentralization; decongested prisons, improved prison conditions, and significantly expanded access to justice; established a standalone Ministry of Gender and Children’s Affairs and introduced policies and laws to protect and promote the rights of children and women; a Gender empowerment and equality law laid in parliament and the child rights act under review.
The Government acting on the Justice Cowan CRC recommendations has also acted on social safety; persons with disability, mental health care, improved healthcare, and provided free quality education in investing in an inclusive and sustainable future for this nation.
This Government’s technical review of the CRC Recommendations sought to address gaps, discrepancies, and inconsistencies in our 1991 Constitution that the TRC report identified as triggers of conflict and bad governance.
This include unconstitutional intrusions on matters of the rule of law and on the protection and promotion of rights and liberties guaranteed in our constitution, misuse of Executive privilege and lack of inclusion and equality, access to fundamental rights, protections, justice, resources, and opportunities and citizenship which are fundamental foundations of a true democratic society.
In other instances, sections of the constitution will be renamed. For instance, the recommendation to rename Chapter III of the 1991 Constitution to read “The Recognition, Protection, and Promotion of Human Rights and Freedoms of the Individual” in line with its international obligations in safeguarding and promoting human rights of its citizenry, is accepted.
On elections, Government accepts the recommendation for fixed and predictable dates for elections and inaugurations. Further, a fifty percent plus one threshold is proposed in view of the circumstances, insecurity, and expenses associated with run-offs.
Loss of party membership shall no longer be sufficient and sole cause for removal of a President or Vice President from Office. A two-thirds parliamentary majority will be needed to ratify any resignation or expulsion notice from a political party. Impeachment processes will also be clearly defined.
Government accepts the recommendation to decouple the Office of Attorney General from that of the Minister of Justice. The Attorney General will now be the principal adviser to the Government and not a cabinet minister while a Minister of Justice will continue to sit in cabinet. Questions around age limits are also addressed for judicial and electoral commission appointees accordingly.
