Sierra Leone Constitutional Review · 01.11.2017 · ISSUE 11 VOLUME 1 YEAR 2014 Sierra Leone...

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ISSUE 11 VOLUME 1 YEAR 2014 Sierra Leone Constitutional Monthly Newsletter November 2014 Review CRC Newsletter - November 2014 1 FEATURED STORIES As part of their continued support to the development strides of Sierra Leone, the European Union (EU), represented by the European Commission on Friday signed a contribution agreement with the United Nations Development Programme (UNDP). The agreement was signed on the 28 th November, 2014 in support of the Republic of Sierra Leone Constitutional Review Programme for the period December 2014-March 2016. The Head of Delegation of the European Union, Peter Versteeg signed on behalf of the Contracting Authority (EU) whilst David Mclachlan-Karr, the UN Resident Coordinator and UNDP Resident Representative, signed on behalf of the organization (UNDP). According to Article 1, “The purpose of this Agreement is a contribution by the Contracting Authority for the implementation of the Action entitled, ‘The Republic of Sierra Leone Constitutional Review Programme.’ (The Action).” UNDP would be awarded the contribution on the terms and conditions set out in the Agreement, which complied with the provisions of the Financial and Administrative Framework Agreement (FAFA) and consisted of special and general conditions. The Contribution Agreement contains 6 articles. Article 1 highlights the purpose; Article 2-Entry into force, implementation Continue on Page 2 EU signs contribution agreement with UNDP Sierra Leone: Support from Dec 2014 - March 2016 Sierra Leonean Doctor survives the dreadful Ebola Virus Disease (EVD) Experts discuss Presidential and Parliamentary systems of government as options for the reviewed Constitution Quality Education in Sierra Leone - The need for constitutional change Improving the skills of the Research Sub- Committee of the CRC ‘The 1991 Constitution has only being used effectively for 7 years’ - Expert revealed NUSS appeals for constitutional provision to support Students Loan scheme Revenue generation and allocation issues identified by the Ministry of Tourism SLAJ meets State Policy Committe of CRC Information Ministry proposed data protection laws in the revised Constitution All Political Party Youths Association (APPYA) suggest power sharing based on votes cast A Poem for 1991 Constitutional Review Ministry of Internal Affairs appeals for constitutional provision to strengthen its mandate. The Head of Delegation of the EU, Peter Versteeg and the UN Resident Representative David Mclachlan-Karr

Transcript of Sierra Leone Constitutional Review · 01.11.2017 · ISSUE 11 VOLUME 1 YEAR 2014 Sierra Leone...

ISSUE 11 VOLUME 1 YEAR 2014

Sierra Leone ConstitutionalMonthly Newsletter

November 2014Review

CRC Newsletter - November 2014 1

FEATURED STORIES

As part of their continued support to thedevelopment strides of Sierra Leone, theEuropean Union (EU), represented by theEuropean Commission on Friday signed acontribution agreement with the UnitedNations Development Programme (UNDP).

The agreement was signed on the 28th

November, 2014 in support of theRepublic of Sierra Leone ConstitutionalReview Programme for the periodDecember 2014-March 2016.

The Head of Delegation of the EuropeanUnion, Peter Versteeg signed on behalf ofthe Contracting Authority (EU) whilstDavid Mclachlan-Karr, the UN ResidentCoordinator and UNDP ResidentRepresentative, signed on behalf of theorganization (UNDP).

According to Article 1, “The purpose of thisAgreement is a contribution by theContracting Authority for theimplementation of the Action entitled,‘The Republic of Sierra LeoneConstitutional Review Programme.’ (TheAction).”

UNDP would be awarded the contributionon the terms and conditions set out in theAgreement, which complied with theprovisions of the Financial andAdministrative Framework Agreement(FAFA) and consisted of special andgeneral conditions.

The Contribution Agreement contains 6articles. Article 1 highlights the purpose;Article 2-Entry into force, implementation

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● EU signs contribution agreement with UNDPSierra Leone: Support from Dec 2014 -March 2016

● Sierra Leonean Doctor survives the dreadfulEbola Virus Disease (EVD)

● Experts discuss Presidential andParliamentary systems of government asoptions for the reviewed Constitution

● Quality Education in Sierra Leone - The needfor constitutional change

● Improving the skills of the Research Sub-Committee of the CRC

● ‘The 1991 Constitution has only being usedeffectively for 7 years’ - Expert revealed

● NUSS appeals for constitutional provisionto support Students Loan scheme

● Revenue generation and allocation issuesidentified by the Ministry of Tourism

● SLAJ meets State Policy Committe of CRC

● Information Ministry proposed dataprotection laws in the revised Constitution

● All Political Party Youths Association(APPYA) suggest power sharing based onvotes cast

● A Poem for 1991 Constitutional Review

● Ministry of Internal Affairs appeals forconstitutional provision to strengthen itsmandate.

The Head of Delegation of the EU, Peter Versteeg and the UN Resident Representative DavidMclachlan-Karr

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period and execution period; Article 3 containsfinancing the action, Article 4-Narrative andfinancial reporting and payment arrangements,Article 5-Contract Addresses and Article 6, theannexes.

Sierra Leone’s Constitutional Review Programmehas been delayed by the outbreak of the EbolaVirus Disease (EVD) which dawned on the WestAfrican Nation in mid 2014. This has necessitatedan extension of the programme since the 80member Constitutional Review Committee couldnot complete its nationwide civic education andpublic consultations.

Captain Dr Komba Songu Mbriwa is theninth Sierra Leonean medical doctorthat contracted the dreadful Ebola VirusDisease (EVD) and the first that survivedit.

News of his recovery came amidst fearsthat he would die. He contracted thedisease when news of the death in the

US of Dr Martin Salia, himself amedical Professional that contractedthe disease whilst struggling to savethe lives of his compatriots, weremaking the rounds.

The World Health Organization(WHO) puts the death toll from thedisease, which has ravaged the socio-economic fabrics of Guinea, SierraLeone and Liberia, close to 7,000.

More health workers in the WestAfrican region have lost their lives toEVD than any other epidemic in livingmemory.

Also on the verge of recovering at theHastings Treatment Centre is DrSolomon S. Konoyima, who firstcontracted the disease before DrSongu Mbriwa.

The Ebola Scourge hit Sierra Leone inMay 2014 and has infected over 6,000with more than 1,500 deaths. It’sdevastating effect on the economy isfelt in every nook and cranny of thenation.

Captain Dr. Komba Songu Mbriwa

The Executive Sub-committee of the ConstitutionalReview Committee (CRC) on Tuesday 11th November,

2014 organized an expert engagement at the CRCSecretariat, Miatta Conference Centre, YouyiBuilding in Freetown.

The forum saw two political giants-the Adviser to

the President, Alhaji IB Kargbo andthe lead facilitator, Dr Habib Sesay, apolitical scientist at Fourah Bay College,University of Sierra Leone, explaining theadvantages and the disadvantages of thevarious political systems in the world, the

most suitable one for Sierra Leone andthe country’s political system before,during and after independence.

Earlier, declaring the workshop officiallyopened, the Executive Secretary of theCRC, Samuel Coker revealed that theworkshop was to broaden the scope ofknowledge of members to enable themmake meaningful contributions andjudgement to the CRC plenary. Headded that the forum was also formembers to share experiences and adiscursive engagement on theexecutive, an opportunity they couldn’tafford to miss and wished participantsfruitful deliberations.

The Adviser to the President, Alhaji IBKargbo submitted that theparliamentary system of governance isthe most suitable for Sierra Leonehighlighting the advantages of thesystem among them preventing runoffelections, promotes stability, unity,accountability, transparency, goodgovernance and balance.

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Members of the Executive Sub-Committee during their meeting

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people, language, culture, norms, values andbeliefs that differ from other countries andadmonished participants to imbibe SierraLeone’s cultural values in the revisedconstitution.

He spoke about the two types ofdemocracies, direct and indirect democracywith Sierra Leone practicing indirect inwhich the people elect their 124 Members ofParliament and went on to define thefundamentals and concepts of Government.He said a constitution is a principle of lawsthat are embedded in a single document,establishes law and order and can be writtenor unwritten underscoring that everyconstitution has a political system hidden init.

Dr Sesay also articulated the sources ofConstitutions among them the people,customs and conventions (that are notenforced by law), statutes of Parliament andcourt precedents and asserted that SierraLeone is in the process of writing a unitaryConstitution.

Other topical issues discussed were thebloated Cabinet Ministers of 52 that iscosting Government a huge chunk ofresources, Government’s transformation ofMakeni that is a classic example ofdevelopment, separation of the Office ofthe Attorney General and Minister ofJustice, the 30% quota for women ingovernance and the decision-makingprocess, which some participants opined isnot feasible, and the appointment ofMinisters by the President who are onlyaccountable to him instead of theelectorates.

Other concerns raised were theappointment of corrupt officials who hadbeen found wanting by Commissions ofInquiries, duplication/overlapping of thefunctions of some state institutions, thegrabbing of large swaths of land byParamount Chiefs to sell, the ambiguousland laws, the impoverished state of ownersof land with mineral deposits, dualcitizenship and the inclusion of emergingand cross-cutting issues in the revisedConstitution.

The lead facilitator, Dr Habib Sesay revealedthat Sierra Leone is operating a hybridpolitical system stressing that the countrywants to run away from one party politics andestablish the need for a government, itsfunctions, definition and concepts of a state,He defined a constitution, the needs andsources of constitutions and the reasons for agovernment that include protection ofcitizens, resolution of strives, provision ofsocial services while describing agovernment as a group of people chargedwith the responsibility of administering agroup of people or an institution.

Dr Sesay further articulated that agovernment performs three main functions:enact laws, implements and interprets lawsand punish defaulters enlightening that aconstitution identifies those who govern andhow long they should stay in office as well ashow they are elected.

According to the lead facilitator, a state is apolitical entity with clear demarcations,

The Constitution of Sierra Leone, 1991enjoins the government to “direct its policytowards ensuring that there are equal rightsand adequate educational opportunities forall citizens at all levels by:

a. Ensuring that every citizen is given theopportunity to be educated to the best ofhis or her ability

b. Safeguarding the rights of vulnerablegroups such as children, women and thedisabled in securing educationalopportunities

c. Providing the necessary structure,finance and supportive facilities foreducation as and when practicable;

In realizing the educational objectives, thegovernment has been supported byinternational agencies and partners and hasbeen influenced by policy developments andprogrammes in education globally.

The education policy is predicated on theConstitution of Sierra Leone and othersupporting legislative policy documents suchas; The Education Act 2004, The Government

White Paper 2010, The Local GovernmentAct 2004, The Education Sector Plan 2007-2015, The National Policy for Technical,Vocational Education and Training (TVET)2010, The National Policy for TeacherTraining and Development 2010.

The Gbamanja Report, and the resultantGovernment White Paper were timelybecause of the need for Sierra Leone toposition itself for meaningful andsustainable social, economic, political and

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Professor Gbamanja and members of the Information, Education & Communications Sub-Committee

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cultural development of this country. Some of therecommendations for immediate implementationwere:

1. Modification of the 6-3-3-4 System ofEducation to include a compulsory earlychildhood component, and extension by one(1) year of the duration of senior secondaryschool. The system now becomes 3+6+3+4+4(3-6-3-4-4).

2. Establishment of a Teaching ServiceCommission, with a view of the Conditions ofService for teachers as a priority.

3. Establishment of a National Institute ofEducation, Training and Research (NIETAR) bylegislation.

4. Criminalization of the practice of irregularadmission of pupils into secondary schools

5. Banning of all access courses in tertiaryinstitutions

6. Regulation of the opening of new schools(primary/secondary/community). Thegovernment has done its best inimplementing some of theserecommendations and this has yieldeddividends as evidenced in the WASSCE of2014. For the first time for over a decade,Sierra Leone did excellent in the WASSCE tothe extent of having a candidate with one ofthe best results in West Africa.

The Constitutional Review Committee (CRC)should come up with policy to implement therecommendations in the White Paper 2010. Thiswill no doubt move the education system forwardand put it back to its rightful pedestal.

Charged with the responsibility ofconducting research into constitutionalismand other relevant issues, the ResearchSub-committee of the CRC has beenengaged in series of activities aimed atimproving their theoretical and practicalskills.

One such activity is the Expert Engagementwhich was done on Thursday November 20,2014 with Mr Sengu Koroma as leadFacilitator. He prefaced the discussions bydefining the Constitutional Review processas a fundamentally significant link inconsolidating the immune system of a civilsociety and a state governed by the rule oflaw.

In unfolding the discourse, Mr Koromaemphasized that “both qualitative andquantitative (Mixed methods) are suitablefor the CRC as these methods are morepopular in modern day constitutionalreview processes. A number of issues thatwould aid the production of a wellresearched reviewed constitution wereidentified.

A comprehensive comparative analysis ofthe constitutions of other countries mustbe done, without falling into the trap oflimiting the comparisons to Africancountries only. The Sub-committee mustalso do critical interviews with variousplayers in the operations of previousconstitutions of Sierra Leone not only to

seek their views on the strengths andweaknesses of the said constitutions butalso to elicit information on how variousproblems that arose were resolved.

Members of the Sub-committee onresearch were admonished to considervarious interpretations of certainprovisions of the Constitution of SierraLeone Act No 6 of 1991. This was basedon the justification that clauses that hadbeen interpreted differently by theSupreme Court would be excluded in therevised Statute.

Such is the sensitiveness of the task thatlie ahead of them that the Sub-committee must handle diverse viewsand recommendations with anuncompromising attitude ofprofessionalism and high sense ofintegrity. A robust system of analyzing,coordinating and harmonizing therecommendations received must bedeveloped and maintained.

The Research Team must give seriousthought to mechanisms that addressdisagreement resolution for easyincorporation into the final report. Theexpert, Sengu Koroma maintained thattransparency and accountability werecritical to ensure that the outcomereflects the wishes and aspirations of thepeople of Sierra Leone.

Members of the Research Sub-Committee during their meeting

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Other topical issues participants discussedincluded the age to vote and be voted for,whether the age of 21 should be maintainedor extended, the tax obligations of peopleeligible to vote and admonished that indrafting or reviewing a constitution, peopleshould not look at the past but the futureand how they want Sierra Leone to look likein the next 40-50 years.

Mr Nicolas Browne-Marke also gave thebackground to the 1991 Constitution andthe setting up of the Political PartiesRegistration Commission (PPRC), itsnomenclature, whether the Commissionersshould work full time or part time and mustbe resident in the regions, if the Chairpersonof the National Electoral Commission shouldbe a member of the PPRC adding that thereason for the decision was for the holder tobe au fait with developments with politicalparties prior to an election.

Participants also suggested that thefunctions of the PPRC Chairman must beclearly spelt out and defined by Parliament.Also discussed was the naming ofconstituencies by name or number, thatdelimitation of constituencies should takeplace every three years due to the movement

The Legislative Sub-committee of theConstitutional Review Committee (CRC) on12th November, 2014 organized a day’scapacity building training for its membersat the CRC Secretariat, Miatta ConferenceCentre, Youyi Building in Freetown.

CRC’s Executive Secretary, Samuel Cokerdilated on the significance of thelegislative arm of Government, noting thatthe interactive forum was for participantsto acquire knowledge in formulating lawsand filling the Public Submission Formsand appealed to them to make meaningfulcontributions to the discourse. The Expertmeeting, he furthered was also tocapacitate members of the Legislative Sub-committee to answer critical questionsrelating to the law when engaging thepublic in the nationwide public andstakeholders’ consultations.

The professionalism displayed by theresource person, Justice Nicolas Brown-Marke, a renowned legal luminary andlecturer at the Sierra Leone Law School wasbeyond the imagination of theparticipants. He enlightened that theentire Constitution would not be reviewedbut that corrections would be made inareas where there are doubts adding thatnot everything would be in theConstitution.

Nicolas Browne-Marke further stated thatentrenched clauses in the Constitutioncould not be altered without the conductof a referendum and informed thatprovision would be made for acts to beamended and replaced asserting that “It isunlikely” that a referendum would beconducted in 2015 for the reviewedConstitution due to the Ebola outbreak.

He further attributed the frequent reviewof Constitutions in Africa to politicalinstability and cited Senegal and IvoryCoast as two countries that have notreviewed their Constitutions sinceindependence until recently andcontinued that laws enacted by Parliamentcan govern the country’s daily activitiesreiterating that the CRC would reviewareas in the Constitution that are ofconcern to the public.

Justice Nicolas Brown-Marke and the Legislative Sub-Committee of the CRC

of people and increase in population and thatbye-elections should take place immediatelywhen there is a vacancy and not after sixmonths.

Other issues discussed were that if thePresident should not appoint judges;whether the President or someone else mustdo it. He informed the meeting that the 1991Constitution has been used effectively foronly 7 years due to political upheavals.Whether the country should operate the twotier parliamentary system comprising theupper and lower chambers. The issue ofParamount Chiefs and their presence in theHouse of Parliament vis a vis their allegianceto the ruling government, the relevance ofchiefdom administration. The issue ofwhether MPs should be entitled to pensionand the number of years they must servebefore they benefit from the pension andcitizenship.

Earlier, the resources person guidedparticipants to take into consideration thefact that Sierra Leone is a signatory to manyinternational treaties and conventions, is notliving in isolation, would not want to be leftout behind on global issues and to broadlylook at all the issues.

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Representatives of NUSS and the Information, Education & Communications Sub-Committee

been advocating for the justiciability of someclauses dealing with the fundamentalprinciples of state policy as provided for inthe Constitution of Sierra Leone Act No 6 of1991. They argue that justifying the right toeducation was the best thing that mightcome out of the current review process ofSierra Leone. That was not all; they also wantuniversal free education for primary,secondary and vocational students.

Improving the conditions of service oflecturers and teachers would serve as amotivating factor to boost their interest inthe profession. Over the years, the conditionsof service of teachers and lecturers in SierraLeone had been appalling, resulting in themass exodus of very good teachers from theprofession. Results from the West AfricanSenior Secondary Certificate Examination(WASSCE) in the recent past had not beenencouraging forcing the Government to addanother year to High School education.

The students didn’t limit theirrecommendations to educational issuesalone. Other issues that they expressedconcern over included the following:

Shifting the age requirements to contest thepresidency from 40 to 35 years would giveyoung people the opportunity to govern.

The State Proceedings Act forbids anindividual from bringing an action againstthe State. “The need to amend that sectioncannot be overemphasized,” noted thePresident of NUSS.

The consultations were also done with theumbrella youth organization, National YouthCoalition (NYC).

The Executive of the National Union of SierraLeone Students (NUSS) has appealed to theConstitutional Review Committee (CRC) tomake a constitutional provision for loanscheme facilities for university students inSierra Leone.

In a consultative meeting with theInformation, Education andCommunications (IEC) sub-committee of theCRC at the Miatta Conference Centre onWednesday October 29, 2014; the studentsjustified their appeal on the grounds that astaggering number of students can’t accessuniversity education due to poverty.

Ibrahim Mansaray is the President of NUSS,he said “The constitutional provision should

force the Government to provideemployment for graduates to repay theirloan on completion of their courses; this iswhat is done in most countries.”

The students are also requesting for freeeducation at primary, secondary andvocational levels to accord more students theenviable opportunity of acquiring qualityeducation. The establishment of a loanscheme for students in a country that ischaracterized by mass illiteracy wouldconsiderably improve the socio-economicstatus of the downtrodden masses whocontinue to wallow in poverty.

Since the launch of the Constitutional ReviewProcess in 2013, various interest groups have

Local Government Sub-Committee consulting Ministry of Tourism

The Ministry of Tourism and Cultural Affairs says limiting the tenure ofParamount Chiefs would foster accountability and improve good governanceat community levels.

In a consultative meeting with the Local Government and other ancillarybranches of government sub-committee of the Constitutional ReviewCommittee (CRC), on November 13, 2014; the Tourism ministry said thelegislative powers of traditional leaders must be upheld and strengthened bystatute.

“Entrusting local traditional leaders with judicial powers is crucial but thechiefdom councils must be maintained to neutralize the excesses of local

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Local Government Sub-Committee consulting Ministry of Tourism

rulers,” noted the Permanent Secretary of the TourismMinistry.

They believed with a conviction based on experience thatparty politics must be divorced from the local councilelections to engender development in every region anddistrict irrespective of which political power reigns.

Aruna Mans-Davies was the focal person during theconsultations; he said the 1991 Constitution made noprovision for Local Government because it was deemed as aseparate entity with self governing status. He furthered thatthe constitutional review process offered a perfectopportunity to address some of the controversial issues thatneed constitutional attention.

They recommended that revenue must be allocated to localcouncils based on the revenue generated from their localities.Other issues discussed, maintaining the retirement age of 60,the payment of local tax, capacity building of civil servants

Like many other Ministries, Departments and Agencies, the Ministry of Tourism and Cultural Affairs pledged to present a position paper tothe Review Committee that would encapsulate their views and aspirations for the revised constitution.

SLAJ meets State Policy Sub-Committee

As a result, while the constitutional review process isongoing, they as members of SLAJ, as part of theirinstitutional obligation, have decided to highlight someof those burning issues and bring them to the fore of thecommittee for onward consideration.

Part of SLAJ’s recommendation was for the reviewcommittee to create a separate section in the constitutionthat deals squarely with media practice, instead of havingit inserted in bits in some sections of the extantconstitution.

He said that the proviso made for journalistic practice asthey appear in the existing constitution will leave roomfor leakages that will potentially impede the freedom ofthe press. Therefore SLAJ recommends that instead ofleaving sections dealing with the media relatively untidy,the review should create a uniformed section thatdetermines the operation of the media.

According to SLAJ, this development is essential because,as the fourth estate, a separate and independent entityshould be developed to handle its affairs, instead ofleaving it at the advantage of the powers that be. Thethree arms of government: Executive, Legislature andJudiciary have separate sections in the constitution thatdetermine their functions; “we need our own.” SLAJPresident called.

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Members of the Sierra Leone Association of Journalists (SLAJ) on Thursdayheld fruitful discussions with the State Policy and Human Rights sub-committee of the Constitutional Review Committee (CRC) on issuesmilitating against freedom of the press, of which the association either wants‘amendments’ where necessary or ‘repeal’ where they are applicable.

Talking from an amiable journalistic practice that prevails in moderndemocracies, the President of SLAJ, Kelvin Lewis in consonance with some ofthe country’s media top-notch, positioned that Sierra Leone, as an emergingdemocracy, should ensure amendments in certain sections of theconstitution regarding the media, instead of holding those draconian laws in our law books as a basis to clamp down on freedom of the press.

The SLAJ President and his executivefurther demanded a self-regulatoryIndependent Media Commission (IMC),as opposed to the status quo, where theexistence of rapt political influence is theorder of the day. Instances in otherdemocracies as close as Ghana, werecited; in which it was noted that theseparation of the media commission inthose countries and the liberty ofjournalists’ associations to appoint theirmembers, have enhanced markeddevelopment in the media and high levelprofessionalism. In essence SLAJ is askingthat IMC be made stronger to serve thepurpose of its establishment.

He said that the inability of IMC toindependently handle its affairs hasresulted in its cases being unnecessarilydelayed in court without any resolution.

SLAJ noted that instead of IMC beingmonitored with a political eye; acommittee with interest groups be

formed to determine appointment of its(IMC) members, subject to parliamentaryapproval, instead of the President doing it.

It was noted that the constitution givesexcessive powers to the President to appointIMC Commissioners; and that such“excessive” powers should be divorced.

SLAJ recommended that instead of havingthe perennial jailing of journalists under thecriminal libel laws, which has almost alwaysnot solved then problems, the review shouldadopt the 2009 Bankruptcy Act that requiresa payment of a stipulated fine, failure ofwhich, the journalist or media house wouldbe declared bankrupt.

In addition, the Association maintained thatin a bid to have a competent court of law,where the deliverance of justice will be seen,the review should establish a position thatwould empower the judiciary to use therevenue it generates to guarantee itsindependence and proper operation.

A member of the CRC’s State Policy andHuman Rights sub-committee, Lois Kawaemphasized the importance of the media innation building; being purveyor ofinformative materials for publicconsumption. Therefore, she said, themedia occupied a paramount position inthe review process owing to the fact thatthey had played a critical role in thedemocratic good governance of nations.

The Chairman of CRC, Justice EdmondCowan, who briefly witnessed theprogramme, re-echoed the role of themedia in the review process, especially inputting forward issues that they thoughtaffects their operations.

The SLAJ assured that they would laterpresent a well-drafted position paper thatthey would present to CRC on issuesaffecting the practice of journalism in SierraLeone.

The current Constitutional Review Process of Sierra Leonepresents an unparalleled opportunity to comprehensivelyoverhaul the information and communicationsinfrastructure of Sierra Leone. The 23 year old NationalStatute was inaugurated at a time when Information andCommunications Technology (ICT) was nothing to writehome about in Africa.

In a consultative meeting with members of theInformation, Education and Communications (IEC) Sub-committee of the Constitutional Review Committee (CRC)on Wednesday November 26, 2014, officials of the Ministryof Information and Communications stated in nouncertain terms that the CRC must incorporate provisionsrelating to ICTs. They were convinced that the lawsrelating to information and communications were notonly disjointed but uncoordinated as well. They thereforerecommended the convergence of the ICT sectorsthrough the constitutional review process.

Whilst thanking the IEC Subcommittee, oneof the Directors stressed that the Rights toAccess Information Law must beincorporated into the revised constitution ofSierra Leone, firstly to protect it fromunwarranted amendments but moreimportantly to safeguard the inalienabledemocratic principle of free speech.

He informed all that plans were afoot toreview the Telecommunications Act tomeet the rapid improvements intechnological advancements. Over theyears, there has been a bias on informationover communication so much that thecommunication aspect is completelyovershadowed.

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The CRC was undertaking stakeholders’consultations within the precincts of theWestern Area to garner the views andaspirations of Ministries, Departments andAgencies (MDAs) for possible incorporationinto the reviewed Constitution, noted MarieBob-Kandeh, CRC member of the IECSub-committee.

IEC Sub-Committee consulting Ministry of Information

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“Data protection laws are pivotal to theimprovement of information and communicationsbut they are seriously lacking.” noted theInformation Ministry Officials. The rapidacceleration of technology coupled with theproliferation of electronic gadgets hasexponentially increased cyber crimes to an extentthat countries without the relevant legislative andregulatory framework were left at the mercy ofcyber criminals.

Sierra Leone like many other West Africancountries is in the teething stages of ICTs, littlewonder officials of MIC advocated for theintroduction of ICTs in the school system. This theybelieved would solve the mammoth problems oftechnological illiteracy that has engulfed SierraLeone’s population.

The authorities at the Information andCommunications Ministry thought that the nameof the ministry must be revised to includetechnology thereby completing the long awaitedconvergence as dictated by the ECOWAS protocolon ICTs.

Of common concern also were issues of theregulator being the one implementing projects,this they identified as a misnomer that must beregularized within the shortest possible time. Theinstitution of penalties by the regulator wouldseriously improve the regulatory framework of thetelecoms industry in the country, they noted. TheInformation officials during the consultations withthe CRC also requested that the role of the Ministryof Information and Communications be clearlydefined by statute to reduce or better stilleliminate the ambiguities that surround itsmandate.

Others contend that Sierra Leone needs a Ministryof ICT separate and distinct from the InformationMinistry. “Structural adjustments must be madewithin the Ministry to restore clear lines ofauthority,” noted Dan Parkinson, SeniorInformation Officer at the Ministry.

The Information and Communications Ministry isexpected to present a Position Paper to theConstitutional Review Committee that wouldencapsulate their wishes and aspirations for therevised Constitution of Sierra Leone.

Sierra Leonean youths in politics remainone of the most vociferous segments ofsociety. All the 10 political parties haveyouth wings even if most of themcontinue to occupy the lower ladder of thepolitical hierarchy. A situation they havealways wanted to overturn.

When the Government of Sierra Leoneinitiated the process of reviewing thecountry’s Constitution, youthsrepresenting various political parties sawit as an opportunity to overhaul their longstanding marginalization in the politicalarena. Little wonder when the State Policyand Human Rights sub-committee of theCRC engaged them in consultations, theywere thrilled to make their views known.

During the meeting with the State policySubcommittee on October 22, 2014, theyouths highlighted burning issues thatwere critical to their growth anddevelopment politically, socially,economically and culturally. The 10%representations for youths in Parliamentwas perhaps the most desirablesuggestion of Sierra Leone’s youngpoliticians. Such is the desperation of thefuture leaders that they are demanding fora reduction in the age requirements tocontest the presidency from 40 to 30 orbetter still 35 years.

Other issues that featured prominentlyduring the deliberations were theallocation of symbols and the residencyrequirement. APPYA requested the CRCto inaugurate laws that would forbidpolitical parties from awarding symbolsto Sierra Leonean politicians who resideoverseas. Resident politicians must beprotected.

The meeting discussed the crueltyassociated with the laws relating to theforced resignation of aspirants in the civilor public service. “Resigning a year priorto elections is a human right abusebecause the individual becomesunemployed no sooner they lose theelections,” noted a representative of thePeoples’ Movement for DemocraticChange (PMDC). Leave of absence mustbe granted to aspirants intending tocontest elections so that when they fail tocapture political power, they could returnto their jobs peaceably.

Unlike other issues, there was anoverwhelming criticism or widespreadcondemnation of the idea of the rulingparty providing subvention foropposition parties through theconsolidated fund. Some believed with aconviction based on experience thatproviding incentives for oppositionpolitical parties would necessitate theproliferation of parties with a singularmotive of benefiting from the publicfunds.

Members of the State Policy Sub-Committee consulting APPYA

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APPYA like many other institutions thought that theChairmanship of the Political Parties Registration Commission(PPRC) must not be limited to people who had served in thejudiciary alone arguing that other knowledgeable individualsmust be accorded the enviable opportunity of serving in such asensitive position.

Also discussed were issuers relating to the welfare of prisonerson remand, the provision of pipe-borne water and the durationof the term of office of the presidency, which they agreedshould be reviewed from 5 to 7 years each.

The high point of the engagement saw the recommendation ofa power sharing scheme by outstanding political parties. Thewinning party can provide 70 % of the ministerial positions, firstrunner up 20 % and third runner up should be awarded theremaining 10 %.Members of the State Policy Sub-Committee consulting APPYA

Mama is crying, crying every day.

Mama why are you crying?

The book of success is about to be reviewed.

My son, you know the mistake has happened in the 1991book of success.

What happened Mama?

My son, the 1991 book of success is not in favor of thepoor and is meant for the Leaders.

Mama what do you mean?

My son, you are stubborn; sit down let me explain to you.

The 1991 constitution has some grave site for the poorinnocent citizens.

Mama, you have done it again, Can you tell me some ofthe grave sites in the 1991 constitution.

Yes, 1. The citizens are not benefiting from our naturalresources, 2, discrimination abound and the saddest thingfor me, my son there is nothing in the book of success thattalks about the progress and success of the young people.

Mama, everything you have said is real but the driver ofMama Salone and his passengers have established aYouth commission and appointed a Minister to look at theproblems of the young people.

My lovely son forming a commission is one thing, but theyoung people of Mama Salone need to raise their voicesfor them to entrench the youth commission in the newreviewed book of success for Mama Salone.

Mama, you are very clever and I hope you may live longand stop crying for Mama Salone.

My son, I will stop crying, when I see the book of successreviewed in the interest of all citizens in Mama Saloneespecially the Youths.

Mama, I hope all citizens will put hands together to seethe new reviewed book of success that enable Salone tobecome a paradise.

My son thanks for having spent these precious hours withme to discuss the book of success for Mama Salone.

Mama, have a nice day.

A POEM WRITTEN BY THE POET - MOHAMED DABOR

CRC Newsletter - November 2014 11

He stated in no uncertain terms that sections156 – 157 should be expunged from theconstitution for the Police council to be fullyoperational.

Mr Sesay continued that there must be afelt-need prior to the setting up of acommission. According to him, “There aretoo many commissions, some of which arejust ‘white elephants;’ I see no reason for theestablishment of the Prisons ServiceCommission.”

The PS justified the relevance of the PoliceCouncil by stating that it did not conflictwith the Board. He said their role has alwaysbeen to receive complaints while the Boardwas responsible for promotions andrecruitment of Police Officers. He continuedby attesting to the fact that the Chairman ofthe Police Council has been working roundthe clock, he said advertisements were maderecently and they have been lobbyingFinance Ministry for funds to start up fully.He said the Police Council is fully constitutedand had met twice. He believed the PoliceCouncil was relevant in this country and hasvery little conflict with the Board.

The PS couldn’t agree more with one of theCRC members on the irrelevance of thePrisons Service Commission, noting that aCorrectional Council that controls theadministration and functions of the centrewas in place.

The Judiciary sub-committee headed byJustice Valesius Thomas visited the Ministryof Internal Affairs on Friday 12th November2014.

The Permanent Secretary (PS) of the InternalAffairs Ministry, Mr. Prince Cole spoke aboutthe Ministry’s mandate, which he said was toensure internal security and nationaldevelopment through policy formulationand coordination of six agencies; namely,the Sierra Leone Police, the Sierra LeonePrisons/Correctional Service, the NationalFire Force, National Registration Secretariat,Immigration and National Drug LawEnforcement Agency (NDLEA).

Dilating further, he stressed that theMinistry has a broad scope but was plaguedwith a plethora of challenges ranging from alegislative instrument that defines itsresponsibilities to budgetary allocation. Hesaid the ministry has been considered as theCinderella of all the MDAs because very littlefocus was placed on it in spite of thesignificant role it played in nationaldevelopment.

The Permanent Secretary encouraged theCRC to formulate laws that would clarify thefunctions of the ministry and that of theOffice of National Security (ONS) due to theconfusion surrounding matters relating tointernal security.

The Chairman of the Judiciary sub-committee Justice Valesius Thomas thankedthe PS for welcoming his team to theInternal Affairs Ministry. He said the reasonfor consulting them was to sensitize themabout the Judiciary Public Submission Formand to encourage them to activelyparticipate in the CR process of Sierra Leone.

The PS in response said he thought thesubmission form was clear and self-explanatory, and the timeframe forsubmission was reasonable for the ministryto do their homework for onwardsubmission to the CRC. He agreed that therewere judicial issues to review and thoseissues would be clearly highlighted andadequately captured in their position paper.

Alhaji A. U. Sesay, a committee member saidthe importance of that ministry has beendown played by government. He continuedthat the State Proceedings Act hasregrettably failed the nation.

He concluded that they would do justice tothe constitutional review process by makingtheir comments on issues of importance bothon the submission forms and Position Paper.

The Chairman of the Judiciary sub-committee, Justice Valesius Thomas inconclusion thanked the Ministry and the PSfor the wonderful deliberations and that hewas expecting their response as promised.He admonished them to fill out thesubmission forms, do a position paper onbehalf of the Ministry and individualsubmissions on burning issues pertaining tothe Constitution.

Members of the Judiciary Sub-Committee consulting the Ministry of Internal Affairs

Members of the Judiciary Sub-Committee

Address: Miatta Conference Centre, Brookfields, Freetown, Sierra Leone. Telephone: +232 25 333322Email: [email protected] Website: http://www.constitutionalreview.gov.sl

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