By: Edward Bassie Conteh
Human Rights are very topical issues at the International and National levels. They are rarely out of the news and have come a long way to becoming what they truly are today. Despite the endless impediments attributed to them, suffice it to note here that States across the world have doubled their efforts in putting primacy on their four main human rights obligations which are to respect, promote, protect and fulfill the fundamental and inherent rights of the citizens within their jurisdictions, and Sierra Leone forms a major part of those countries.
This work aims at discussing the right to freedom of Assembly and Association including its limitations/restrictions in the context of Act No.6 of the 1991 Constitution of Sierra Leone and proffering recommendations for State actors and the general public. It is also extremely relevant to bring to the fore the International, Regional and Local Legal Frameworks of the subject under review.
Like many other countries across the world, Sierra Leone is a signatory to almost all major International Human Rights Instruments, which include: Regional Standards on Human Rights, Treaties, Conventions and Declarations etc. These Legal Frameworks ensure that Human Rights are upheld without distinction as to race, colour, creed, religion, sex, tribe, politics etc. For instance, the right to peaceful assembly and association is enshrined in Article 21 of the ICCPR which states: “The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of such rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”
Looking at the regional levels, Article 11 of the 1981 African Charter on Human and Peoples Rights (Banjul Charter), Sierra Leone is a signature to this Charter. According to this Charter: “Every individual shall have the right to assemble and associate freely with others. However, the exercise of this right shall be subject only to necessary restrictions provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.” Even though, the Right to Individual Petitions has not been recognized, yet, it is noteworthy here that Sierra Leone is also a party to the 1998 Protocol on the African Court on Human and Peoples’ Rights.
In Sierra Leone, Chapter (3) of Act No. 6 of the 1991 Constitution guarantees the Recognition and Protection of Fundamental Human Rights and Freedoms of the individual without distinction as to race, colour, creed, religion, political, sex, ethnicity, etc. Section 26 (1) of the (1991) Constitution protects the right of Freedom of Assembly and Association. It states as follows: “Except with his consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons…..for the protection of his interest”
There is no denying the fact that the freedom to assemble and associate freely with others within the jurisdiction is one of the many inherent human rights that puts primacy on the dignity and respect of all citizens, but when it comes to exercising this right, we must always keep in mind that this right is not absolute: it has limitations.
Therefore, we can be deprived of this right under certain circumstances and would not be seen as or considered a contravention of this right-see Section 26 (2) paragraph (a-c) of Act No. 6 of the 1991 Constitution.
In more development, Section 17 (1-5) of No.46 of the Public Order Act of (1965) further provides the following limitations:
Section 17 (1): “Any person who intends to take part or takes part in organizing or holding any procession shall first notify the Commissioner of Police in writing of his intention to do so and any person who fails to give such notice as aforesaid shall be guilty of an offence”.
Section 17 (2): “The Commissioner of Police shall by order in writing address to such persons giving notice, disallow the holding of any procession or impose such conditions as he shall think fit on any procession where in his opinion the interests of defence, public order, public safety or public morality so require”.
Section 17 (3): “Any person who takes part in any procession which has been disallowed by the Commissioner of Police or fails to comply with any of the conditions imposed by him under the provisions of sub-section (2) shall be guilty of an offence”.
Section 17 (4): “Any person found guilty of an offence under this section shall be liable on conviction to a fine not exceeding two hundred Leones or to imprisonment for a period not exceeding six months or both”.
Section 17 (5): “This section shall not apply to processions of the following nature:
- a) Circumcision
- b) Funeral
- c) Marriage
- d) Scouts or girl guides
- e) Schools.
It is noteworthy here that the importance of the practice of the Rule of Law in any democracy is that it puts everyone on equal stead. Therefore, insofar as the State has its obligations to promote, respect, protect and fulfill the inherent rights of individuals, citizens also have the responsibility to obey the law at all times.
According to Mahatma Gandhi, “Non-violence is one of many ways citizens can register their message to the State, but if that action seems to be in contravention with the law, public safety, public order, public morality, freedoms of other people within the state, etc then it is but prudent not to carry it out! There must be other avenues such as dialogue which can be utilized as opposed to resorting to demonstrations/protests.”
Quite recently, across most parts of the country, we all saw the unlawful demonstrations that resulted in losing the lives of youths that were involved. In most cases, these demonstrations have a political undertone and sadly, they have been used as avenues for the commission of crimes such as Arson, Mutiny, Insurrections, etc which in turn impedes the proper functioning of the State.
With the aforementioned, the Right to Freedom of Assembly and Association is enshrined in many International Human Rights Instruments ranging from the Magna Carta, UDHR, ICCPR etc, and many other Regional Human Rights Documents, as well as Local Legal Frameworks which seek to promote the dignity of the individuals while cautiously regulating and guiding the behaviour of State actors.
However, it is important to reiterate here that the right is not absolute; therefore, it can be limited under lawful circumstances as stated in the Constitution. Unfortunately, bad politics, including other factors, has created contention between the State and its citizens, and these factors have claimed the lives of many people across Sierra Leone.
To address some of the challenges attributed to the Right to Freedom of Assembly and Association, the Rule of Law and Democracy, the following recommendations have been proffered to both State actors and the general public:
They should always put primacy on providing the enabling environment for the citizens to exercise their inherent rights such as the freedom to assemble and associate with others freely without unreasonable limitations.
There should be more public education on what the laws say about human rights including their limitations so that the citizens can better understand their positions and responsibilities within the State.
Denying citizens the right to assemble freely goes contrary to the Government’s obligations when it comes to respecting the Fundamental Human Rights of its citizens. Thus, the Police should avoid being in a position that curtails the rights of citizens.
Government through its actors (Police) should always look out for alternative mechanisms in reacting issues of civil disobedience and should put primacy on using professional and proportional means of responding to demonstrations whenever the need arises to exercise their fundamental and inherent human rights.
When exercising human rights, especially the right to Freedom of Assembly and Association, citizens should always ensure that they do so within the confines of the law, otherwise, their actions may be seen as being in contravention of the Constitution.
Citizens should always choose dialogue over demonstrations/protests for peace and harmony to thrive without any threats to the development of human dignity. But in cases where the only option is to protest, then they should ensure that an approval from the Inspector General of Police has been obtained.
People who intend to hold non-violent processions should always ensure that their actions are not used as means to commit other crimes which may impede public safety, public order, public health and public morality etc.
Citizens who intend to hold non-violent processions should refrain from ushering in political forces that have the proclivity to hinder the smooth running of the State. Hence, citizens have responsibilities as enshrined in Section 13 of the (1991) Constitution, and they should always ensure that the upholding and maintaining of public order, public safety, public health, and public morality are sacred.
Lastly, heads of political parties should leave hold of their political differences and embrace peace and restraint as opposed to hateful and inciting statements that have the propensity for a breach of national peace and cohesion.
Concrete Steps Must Be Taken to Regulate the Social Media
By Ranger
In modern times, Social Media is a very powerful conduit through which information and news items are disseminated and it has become the quickest way of communication, speedily taking pre-eminence over print and electronic media.
Today, a sizeable percentage of individuals in this country are au fait with, linking up to twitter, Whatsapp and Facebook which are now more in vogue. In certain quarters, it has been argued very soon the social media will completely eclipse the traditional media, more especially the newspaper, the latter becoming finally extinct.
We, however, view it otherwise in the sense that the intimacy of the newspaper is so magnetic to an extent that it cannot fade away quickly and in terms of cost it is comparatively less expensive to other forms .
Further, it is easily accessible by the vast majority of the citizenry because of its cost and advertisers can reach more people which are why it is more appealing to most clients than the social media.
For ease of reference, newspapers or radio clips can be easily retrieved than an item that was published a long time ago on the social media.
All that notwithstanding, the social media has opened up the communication spectrum or space; at the click of a button people far and wide are brought together. The role of the social media in changing lives, promoting transformation in different sectors of society cannot indeed be overemphasized. It has so far proven very useful in fostering development in various fields in an incredibly fast manner.
Despite all the attendant benefits that it has brought to humanity, yet still it has its own shortcomings especially in a developing country like Sierra Leone. One of them is the complexity in tracing the identity of users more especially so with Facebook, Whatsapp, phones, twitter etc. This gap or missing link has provided the leeway for certain people to abuse it to cause mischief, violate the privacies of others, molest or make derisive comments against certain individuals.
High profiled criminals are every day using the social media to commit nefarious crimes bordering on pilfering into the accounts of others, caricaturing others making them appear in certain ways, tap phones, spy on other countries and even copying unique brands of certain companies which they may end up using in their own production line with slight variations.
Lamentably, with all the attendant benefits the social media has brought, what we have been experiencing in this country is the posting of cooked up stories, not in the least accurate, against certain people, on the social media creating the notion that they are true stories, but are deliberately meant to tarnish the good names of individuals in society. What has become very disturbing about this trend is when such are done along party lines with the avowed objective to muzzle or denigrate others. For sure, the new advent has provided a channel through which unethical ways of practicing journalism, either by mainstream journalists or citizen journalists, have become rife, not in the least thinking about the reputation of others or how relatives, supporters may react to such postings.
It is not in the least decent in any form, whatsoever, for grownups to be using strong insulting language against others on the social media simply because of disagreement in views on certain subjects or issues. We can express our views in more civilized ways, limiting ourselves only to issues rather than attacking personalities, using uncouth language. If used judiciously, knowledge could be sourced through learning and the social media is one platform through which we can imbibe facts which can then be used to make informed decisions.
What again has become noticeable in recent times is the practice of certain journalists to just cut and paste news items they discover on the social media without first trying to cross check the authenticity or veracity of such news. Some print media journalists have been guilty of this act. As had been highlighted, the social media is full of fabrication which may at face value appear genuine at the surface but when scratched all what is underneath is total falsehood. Many journalists have been found culpable of this to an extent that the media regulator in the country, the Independent Media Commission, has been cautioning journalists to be very mindful of this ‘cutting and pasting’.
Users of the social media should always hold the view that the social media is a powerful tool to fast track development; learn about new innovations, initiatives, a platform for interaction, gain knowledge, source news etc. It should therefore be used to serve genuine aspirations rather than to fuel hate and denigration.
It behooves the Government, through the Ministry of Information and Communications, the National Telecommunications Company (NATCOM), GSM companies and other relevant institutions to work out modalities as to how to regulate the Social media so that it could be properly monitored in order to ensure that sanity prevails, the privacies, fundamental human rights of individuals are protected.