ISSUE 5

VOLUME 1

YEAR 2015

Sierra Leone Constitutional

Review Committee

Sierra Leone CRC completes study tour to Ghana

HEADLINES

Sierra Leone CRC completes study tour to

Ghana

CRC ends benchmarking study visit to Kenya.

Africa Youths with Disability Network (AYDN)

calls for stronger legislation

Climate Change Consortium presents

position paper to CRC

Independent Police Complaints Board

(IPCB) presents position paper to CRC

Krio Descendants Union position to the CRC

Natural Resources Governance and

Economic Justice Network (NaRGEJ)
proposals to CRC

Rastafarians call for the decriminalization

of Canabis sativa (Marijuana)

CSOs present position paper to the CRC

All Peoples Congress (APC) makes

proposals to the CRC

Audit Service seeks more power from the

Constitutional Review Committee (CRC)

Native Consortium makes unique

propositions to CRC

VGGT presents position paper to CRC

Sierra Leone womens position paper Many messages, one voice

The Bar Association proposes changes to

the 1991 Constitution

Centre for Accountability and Rule of Law

(CARL) proposes to the CRC

The position of the Child Rights Coalition

Democracy, Sierra Leone makes

recommendations to CRC

Paramount Chiefs demand a House of Chiefs

and many more

OXFAM proposes reformation on land

tenure and sanitation in urban Sierra Leone

CRC Members with the Deputy Speaker II of Ghanaian Parliament

The Chairman, Executive Secretary, Chief Technical Adviser and 8 members of the
Constitutional Review Committee (CRC) completed a study tour to Ghana where they met
and discussed with key governance personalities and institutions.
Funded by the United Nations Development Programme (UNDP), the visit to Ghana took
place from the 19th -23rd October, 2015. Each of the 8 sub-committees was represented in
the interactive discussions that follow.
The purpose of the visit was to familiarise with the Constitutional Review Processes of that
country with a view to learning best practices in constitutionalism. Ghana which shared
similar features with Sierra Leone recently completed their review process making it one of
the best places to do comparative studies.
In Ghana, CRC visited key institutions including the Constitutional Review and
Implementation Commission (CRIC), Ministry of Petroleum and Power, Ministry of
Chieftaincy Affairs, the National Media Commission of Ghana, Ministry of Local
Government and Rural Development, Office of Attorney General and Minister of Justice,
National Development Planning Commission, Office of Speaker of Parliament, Ministry of
Land, Natural Resources and Mineral Commission, the Ghana Electoral Commission and
the Sierra Leone High Commission in Ghana.

Continue on Page 2

Sierra Leone CRC completes study tour to Ghana

Over the years, Ghana has created strong institutions
and implemented solid institutional based
development approach upon which all their
successes are based. Unique among these is the
creation of the National Development Planning
Commission.
The Sierra Leone Constitutional Review Committee
(CRC) benefited from the Ghanaian experience such
that it shaped their discourse at the plenary. Key
among these is the creation of the National
Development Planning Committee which is charged
with the responsibility of not only mitigating abuse or
waste of public funds but also protecting national
investments.
CRC visit the National Development Planning Commission

The invaluable knowledge gained from the study tour

has put the Constitutional Review Committee (CRC) in
a better stead to critically analyse recommendations
from the public with a view to making the best
recommendations for constitutional amendments.
The Ghana Study Tour by the Constitutional Review
Committee was insightful as it gave first-hand
experience to members on the process. It allowed for
interaction and lessons learning from the Ghanaian
process. Institutions met were cordial and open
offering suggestions to the Sierra Leon Team on
pitfalls to avoid.
The institutions met were mostly government
institutions and the team did not get the occasion to
meet with Civil Society Institutions and Non-State
Actors who were involved in the Constitutional Review
Process of Ghana.
Most importantly, the team did not get the
opportunity to visit and meet with members of Ghana
National House of Chiefs.

CRC visit the Ministry of Lands and Natural Resources in Ghana

It is recommended that a follow-up study tour be

planned to get a better understanding of the National
House of Chiefs structure as well as views and
experiences of non-state actors.
The Sierra Leone Constitutional Review Committee
(CRC) is charged with the responsibility of reviewing
the Constitution of Sierra Leone Act No 6 of 1991 in
tandem with the report of the Commission to review
the 1991 Constitution. In carrying out this function, the
CRC is mandated to use all practicable means to gather
information including studying the Constitutions of
other countries, visiting other jurisdictions, etc.
The 80 Committee was inaugurated on the 30th July,
2013 and is expected to complete its work by March
2016.

Chairman, CRC with the Deputy Minister, Ministry of Lands and Natural Resources, Ghana

CRC Newsletter - October - December 2015

CRC ends benchmarking study visit to Kenya

Wako Draft attests to this. It follows that the

relevant constitutional requirements that
people must be consulted at all governance
decision-making levels must be included. This
also means that public participation
mechanism must be explicitly described in the
constitution.

he visit to Kenya was conducted

on completion of the study tour
in Ghana. 8 CRC members drawn
from the various thematic areas
made the trip to Nairobi.

Funded by the United Nations Development

Programme (UNDP), the visit to Kenya took place
from 26th -30th October, 2015.
The purpose of the visit was to familiarise with the
Constitutional Review Process in Kenya with a view
to learning best practices in constitutionalism.
Kenyas Constitutional Review process ended in
2010 and had gone 5 years into the implementation
of their revised Constitution.

2. Length should not be deterrence, if clarity can

be gained. It is very important to include
everything the people want even if it means
the document will be long. Kenya considered
the Constitution lengthy, so the Committee
avoided details, which would have helped
avoid the emasculation of certain
constitutional provisions such as the Right of
Recall
(of
non-performing
MPs).

7. Enshrine all the peoples requirements

irrespective of a governments current
inability to deliver e.g. the economic and
social rights. This is because once the
rights and freedoms are in the
Constitution, they become aspirations and
there is no going back.

9. The document must be

explicit and provide clarity.
E.g. stating that all money
must go to the exchequer
but not outlining the
consequences of failure to
do so is dangerous.
Definitions, so that there is
absolutely no doubt what
the
people
intended.

In Kenya, the team visited the

Ministry of Lands, Housing and
Urban Development, Ministry of
Environment
and
Natural
Resources, Council of Governors,
the
Lands
Commission,
Kenyan Ombudsman with Chairman, CRC

3.

4.

Some of the key findings and recommendations

are outlined below:
1. People-centred - sovereignty of the people
must be considered. The document must be
by the people, and for the people. Kenyas
2005 constitutional referendum defeat of the

6. The Constitution must address issues not

personalities
or
administrations.
Otherwise, this will limit the instruments
utility.

8. Civic awareness - Kenya at various stages

of the review process benefited greatly
from having intense civic awareness
initiatives. But, the country has also learnt
to regret not creating a specific
mandatory
constitutional
function
among
the
independent commissions to
inform the public on the
constitution.
The public
ignorance of constitutional
provision means that they
rarely demand accountability
from
their
leaders.

Kenya was chosen for a study

visit because it reviewed the
constitution recently, in 2010
and is currently implementing
the law. The visit provided an
opportunity for learning about
the review process, and the
challenges of implementation. In
addition, the country has had to
grapple with similar issue to
Sierra Leone during the review
process such as land tenure
system,
human
rights,
citizenship, and status of sub
national government.

National Commission on Human Rights, the Clerk

of Parliament, the Legal Committee of the Senate,
Kenya Transition Authority (which provides
synergy between the central and local
governments), UNDP Kenya, Constitutional
Implementation
Commission
(created
to
implement all the provisions of the revised
Constitution),
and
the
Office
of
the
Ombudsman/Commission on Administrative
Justice.

Kenya feels like it did not provide for

adequate Parliament oversight, which has
seen the abuse and numerous attempts to
contravene the Constitution by legislators.

5.

Simplify the Constitution. The Kenyan

Constitution has been made very people
friendly by the reduction of the technicalities
and the Latin terms. This is the first step in
inclusivity.
Must anchor the work of CRC in a legal
framework. Kenyas review bodies (both
CKRC and CoE) success has been attributed
to the robust legislation for the review
process that governed institutions of
reforms and the stages and actors for
reforms. There was no ambiguity.
Provide for sufficient checks and balance
among the three arms of government.
32

This means that mandates of institutions

must be clearly defined to avoid the
problems Kenya experience with respect to
the land reform institution. NLCs
jurisdiction was not explicitly defined and
the Executive has clawed back all NLC
powers.
10. It is a fallacy to assume that an Independent
Commission will exercise power when
given; yet the executive has residual power,
which they can use to enforce their position.
Thus must provide the independent
commissions
implementation
and
enforcement powers.
11. Devolution brought representation closer
to the people by decentralising. Thus ensure
that the devolved units are empowered
enough but deter secession talks:
Continue on Page 4

CRC Newsletter - October - December 2015

CRC ends benchmarking study visit to Kenya

CRC study to to Kenya

Africa Youths with Disability Network (AYDN) calls

for stronger legislation

that they are small enough to feel close but big enough
to feel important; large enough to be viable and few
enough to be representative.
12. Visionary leadership necessary for transformation.
The Sierra Leone Constitutional Review Committee (CRC)
benefitted from the Kenyan experience. The invaluable
knowledge gained from the study tour has put the
Constitutional Review Committee (CRC) in a better stead to
critically analyse recommendations from the public with a
view to making the best recommendations for constitutional
amendments.

Group Leader Seray Alpha Bangura presenting on behalf of AYDN

The Discrimination of persons living with disability is a common phenomenon in Sierra

Leone. This is aggravated by untold marginalization most times meted out by abled
persons. Since the start of the Constitutional Review Process, the Committee has been
galvanizing support requesting citizens to make submissions for constitutional change.
Africa Youths with Disability Network (AYDN) capitalised on the opportunity to present a
position to the CRC by forwarding what they thought would end the long standing
discrimination that has kept them unproductive for a while.
CRC study to to Kenya

At a well-attended ceremony on the 25th November, 2015 at the CRC Secretariat in

Freetown, the Groups Leader in Sierra Leone, Seray Alpha Bangura noted that they want
stronger legislations for the protection and promotion of disability rights in the country.
Among their demands for constitutional change are the following:
1. Section 6 (2) State shall discourage discrimination on the grounds of place of
origin, circumstances of birth, sex, religion, status, ethnic or linguistic association
or ties . Proposal include disability
2. Section 15 whereas every person in Sierra Leone is entitled to the fundamental
human rights and freedoms of the individual, that is to say, has the right, whatever
his race, tribe, place of origin, political opinion, colour, creed, or sex but subject to
respect for the rights and freedom of others. Proposal include disability
Continue on Page 5

42

CRC Newsletter - October - December 2015

Africa Youths with Disability Network (AYDN) calls for stronger legislation
3. Section 22(2) (e) allows affirmative action
For the purpose of affording special care and
assistance as are necessary for the health,
safety, development and well being of
women, children, and young persons, the
aged and the handicapped; and except in so
far as that provision or as the case may be the
thing done under authority thereof is shown
not to be reasonably justifiable in a
democratic
society.
Proposal replace persons with disability.
4. Section 27(2) Prohibition of discriminatory
treatment limited only to persons in public
office or public authority.
Proposal to extend this prohibition in
both public and private domain
5. Five (5) reserved parliamentary seats to
represent persons with disabilities and their
interest through consultations/elections with
the persons with disabilities. There should be
a member from each region plus one (1)
female and the four other seats could be
contested by women too.
Best practice from Uganda as their post war
constitution in Chapter 6 section 78Composition of Parliament which states that;
(1) Parliament shall consist of-(a) members
directly elected to represent constituencies;
(b) one woman representative for every
district; (c) such numbers of representatives of
the army, youth, workers, Persons with
disabilities and other groups as Parliament
may determine and see section 68 subsections
1 of the Malawi 1994 constitution which states
i.
Uganda, and Malawi The Senate shall
consist of eighty members as follows: interest
groups, who shall include representatives
from women's organizations, the disabled
and from health, education, farming and
business sectors, and from trade unions;

6. Political parties must provide 5% political

party symbols to persons with disabilities
where their political parties strength are, or
constituencies that are winnable.
7. Parliament must ensure that any national law
must have or make disability issues visible
and prominent.
8. 5% of presidential appointments must
include persons with disabilities as
commissioners, Ministers, Deputies ministers
and Ambassadors etc this must be a right
given to persons with disabilities it should not
be done on humanitarian grounds.

Group Leader Seray Alpha Bangura presenting on behalf of AYDN

9.

The rules of evidence and procedures must be reviewed by the rules of court committee to suit
or be disabled friendly

10. There should be a disability unit in police and court to monitor rules of police investigation and
court proceedings with persons with disabilities
11. There should be a law of imprisonment of persons and individuals who lead others into
disability intentionally.
12. All registered political parties must have a recognized body or disability units to promote the
interest of persons with disabilities at political party level.
13. Some of the fundamental human rights should not be suspended even under state of
emergency should be clearly re-defined in the constitution.
14.

The National Commission for Persons with Disabilities must be entrenched in the revised
constitution; this is to ensure permanency and sustainability regardless of which president is in
governance.

15. All organs of government should be mandated to provide annual report on the steps taken in
the realization of all state policies in accessible format to persons with disability
16. Health, Education and Shelter should be included in chapter 3 as human right issues.
17. Government must adopt inclusive education as a strategy for the education of persons with
disabilities
18. All government information and educational materials must be accessible to persons with
disability in such format as brail, audio and sign language.
19. Natural resource governance should be one of state objectives to ensure the promotion and
protection of young, aged and persons with disability.
20. We need a chapter on disability that will explain all these recommendations as expressed by
persons with disability in this position paper.

CRC Newsletter - October - December 2015

Members of Climate Change Consortium during their presentation to the CRC

Climate Change Consortium presents position paper to CRC

Consortium of civil society measures for every citizen to harness and practice
organizations, Climate Change, a dynamic conservation culture.
Environment
and
Forest
Conservation Consortium (CEF- Therefore, the natural resources management
policy of the State shall be:
CON) Sierra Leone has presented
a Position Paper to the
The conservation and wise use of land
Constitutional
Review
resources, the development of policy and
legislation on land ownership and
Committee (CRC). In a short ceremony at the
utilization, gender mainstreaming, access
Secretariat of the CRC on Friday 20th November,
and benefit sharing.
2015; the organization made the following
Democratizing the governance of the
recommendations for consideration by the review
natural resources management for the
Committee.
benefit of all Sierra Leoneans

RECOMMENDATIONS
We recommend therefore, the inclusion of the
under mentioned as chapter in the new
constitution to reflect the overarching importance
of
natural
resources
conservation
and
management for the well being of society.
The state shall take the requisite measures to
develop, protect and promote the environment,
species of flora and fauna throughout national
territory, maintain the ecological balance, ensure
the appropriate location scale and scope of
economic activities and the development and wise
use of natural resources, within the context of the
respect for the basic rights and benefits of present
and future generations. In so doing, the state shall
encourage and support through various

The support and promotion of mitigation

and adaptation measures to climate change
and its multiple effects

of these resources for knowledge

generation, social and economic benefits

Support and promote the empowerment

of citizens through relevant capacity
building measures and the provision of
resources to facilitate natural resources
conservation.

Support and promote information

generation, sharing and access on natural
resources conservation at all levels of
society.

To respect, support and promote national,

regional and international treaties,
conventions, protocols and agreements on
natural resources management and
conservation.

The protection and promotion of the

environment through measures to:
- improve the quality of air and water in
support of human wellbeing.
- reduce significantly all pollutants which
threatened human life.
- establish, strengthen and support
institutions and programmes for the
effective protection of the environment

The
comprehensive
and
regular
inventorying of forestry resources for the
development, enhancement and protection
6

CRC Newsletter - October - December 2015

Independent Police Complaints Board (IPCB) presents position paper to CRC

T
IPCB making their presentation to the Chairman, CRC

build public confidence in the police themselves.

IPCB believes that the Police unlike other agencies
of government have certain powers which include
the power to arrest and detain and the power to use
force including lethal force where necessary.

recommendations made by the IPCB is

important because the success of a civilian
police oversight mechanism requires that
such a mechanism not only have the ability
to carry out investigations but also to ensure
that its recommendations are implemented.

The IPCB proposed the following to the CRC:

1. Identify the IPCB and its role within the
Constitution itself- The Constitution is silent
about the role of both the IPCB and the
HRCSL. Making provision for the inclusion of
the IPCB within the actual Constitution itself
would serve to both strengthen and entrench
civilian oversight of the police.
2. The enactment of an Act of Parliament that
will govern the functioning of the IPCB.-While
the regulations governing the establishment
of the IPCB are themselves relatively
comprehensive they do not carry the same
weight and status of an Act of Parliament and
are more easily open to subsequent
amendment by the Police Council. It may
therefore be necessary, in the longer term, for
the IPCB to have its own specific ACT.

5. Establishing legislative accountability for

reporting on the functioning of the IPCB-The
regulations do not place any obligation on
the IPCB to report to Government,
Parliament or the Public. By comparison the
Human Rights Commission of Sierra Leone
(HRCSL) has strict reporting obligations spelt
out in legislation requiring it to report
annually to Parliament.
6. Oversight of other policing agencies
operating in Sierra Leone-the issues raised
above, should in equal measure apply to the
other two policing agencies in Sierra Leone,
viz: Chiefdom Police and City Council Police
otherwise referred to as Metropolitan Police.

3. Ensuring that the responsibility for funding of

the IPCB is clearly spelt out in legislation- It
may be important that responsibility for
funding of the IPCB be clearly articulated
through legislative prescripts.

he
Independent
Police
Complaints Board (IPCB) has
submitted a position paper to
the Constitutional Review
Committee
(CRC)
recommending the inclusion
of IPCB into the revised
Constitution.

They argued that the inclusion of IPCB within

the Constitution of Sierra Leone would not only
enhance and entrench the IPCB but would also
send a strong message to both the Sierra Leone
Police (and other policing agencies and to the
public regarding the Government and Peoples
commitment to ensuring the success of civilian
police oversight.
The inclusion of civilian oversight of the Police
within the Constitution would also serve to
demonstrate Sierra Leones commitment to
reform and professionalizing the police, and to

Krio Descendants Union

position to the CRC

ince the call for the

submission of Position Papers
to the Constitutional Review
Committee (CRC) started, a
good
number
of
institutions/organizations/in
dividuals
have
been

submitting their wishes and aspirations to the

Review Committee.
The Krio Descendants Union made a number of
proposals to the CRC including the following:
KDU is calling for a Constitutional
provision for immediate repeal of Cap 122
and similar legislation.
They support the strengthening of the
human rights provisions entrenched in
Chapter 3 of the existing Constitution with
the proviso that this must not be
extended to include same sex marriage
and its variants.
Measures should be used to strengthen
key institutions of state and to limit the
influence of the President in staffing these
institutions

4. Ensuring that recommendations made by

IPCB receive adequate attention by state
actors-Addressing the legal standing of the

Continue on Page 8

CRC Newsletter - October - December 2015

Krio Descendants Union position to the CRC

Krio Descendants Union presenting their position paper to the CRC

The retirement age of Judges of the Superior Court of Judicature to

be seventy years and extensions thereafter for not more than two
years subject again to further parliamentary approval.
The role of the Attorney General to be restricted to that of
Government Principal Legal Officer. The Office of the Minister of
Justice to be divorced and separated from that of the Attorney
General.
The President should not serve more than two consecutive terms of
5 years.
Holders of dual citizenship not to be eligible to contest for the
Presidency or for appointment to Cabinet

KDU calls for enhanced property or residence

requirements for all nominees for election to the
positions of Mayor, Member of Parliament,
Councillor and Village Headman. This is the practice
in some countries around the world. In addition, for
all these categories, KDU calls for lineage
requirements (i.e the nominee should be an
indigene of the area) as is the practice for some
categories of political representation in provincial
areas.

KDU joins with other groups, possibly including the

Paramount Chiefs themselves, in calling for
Paramount Chiefs no longer to have representation
in Parliament.

Remove the appointment of Judges of the Superior

Courts of Judicature from the Executive
(Presidency) to the Judicial and Legal Service
Commission, subject to Parliamentary scrutiny and
confirmation.

Independent candidates to be able to vie for the Presidency and allowed

to contest Presidential Elections

Only a simple majority (50% + 1) should be required on the first ballot to

win Presidential Elections

Presidential Elections to be held on fixed calendar dates. National

Census to be held in time so as not to delay elections

Parliamentarians should not be appointed as Cabinet Ministers

The requirement of the President as a part of the National Legislature

(Parliament) to be discontinued

Natural Resources Governance and Economic Justice Network (NaRGEJ)

proposals to CRC
In a Position Paper presented to Sierra Leones Constitutional Review
Committee (CRC), the Natural Resources Governance and Economic
Justice Network (NaRGEJ) categorized their wishes and aspirations in the
following lines:
I.

The constitution should vest the natural resources in the people

and that government should act as trustees of the people in that
respect. The exercise of co-ownership of natural resources (local
community people and government) will lead to better
management and beneficiation to the people.

II.

The Principle of transparency, uninhibited access to justice and

public participation in the development of policies, laws, projects,
plans and processes for the management of land, the environment
and other natural resources should be effectively utilized.

III.

The principle of inter-generational equity and sustainable

utilization of natural resources for economic transformation &
diversification should be applied.

Official presenting the NaRGEJ position paper

Continue on Page 9

CRC Newsletter - October - December 2015

Natural Resources Governance and Economic Justice Network (NaRGEJ)

proposals to CRC
IV.

The application of the polluter pays the cost principle should be

put into effect.

V.

Observance of social and cultural values, traditionally applied by

any community in Sierra Leone for the management of land, the
environment or natural resources in so far as the same are
relevant and are not repugnant to justice and morality in any
written law should be considered.

VI.

The principle of international cooperation in the management of

land, the environment and natural resources where such
resources are shared with other states or where management
measures in one state may have adverse or positive
consequences in another state should be applied.

VII.

The precautionary approach which requires application of

precautionary principle, environmental & social impact
assessment and that where there are threats of serious or
irreversible damage, lack of full scientific certainty should not be
used as a reason for postponing cost effective measures to
prevent new or continuing environmental degradation and
social conflicts.

NaRGEJ Members during their presentation

XVI.

Developing new revenue transparency models in natural resource

sectors. This would initially involve developing country-level
transparency programmes, with the possibility that international
standards might be developed later. A key immediate focus would be on
the need to develop transparency mechanisms to cover the flow of
associated revenues.

VIII.

The principle that exigencies of sound environmental

preservation should be integrated in all development planning
and management
The principle that for every aspect of environmental planning,
policy and management must be identified with specific legal
and institutional framework, whether existing or new, for its
implementation and that Parliament is obliged to enact one
where none exists.

XVII.

IX.

Regulations should include a framework for compensation and

resettlement that is centered on the long-term livelihoods of the
affected families. It should include as a requirement tripartite
negotiations between companies, local communities, and
governments. Land users should be included in allocation decisions for
leases and licenses for major operations.

X.

The right to a clean environment should be included in the XVIII.

constitution. Such a provision would deal expansively with issues
of environmental rights and duties as well as with conservation
and sustainable use of natural resources for the development
interests of present and future generations.

XI.

The right to a clean environment should also deal with nonaward of costs against persons who bona fide, pursue cases in
the public interest, waiver of fees in public interest cases, creation
of the office of public defender of environmental and human
rights, granting of high court or supreme court, suo moto (on its
own motion), jurisdiction to order investigation and
determination of cases of environment and human rights
violations.

Land use should be an important consideration for any project as there

are many competing uses for such lands. In the final analysis, sustainable
development must be key to making certain decisions on exploitation.
Sustainable development can be defined as the pursuit of all activities
that will lead to sustainment of the wealth-generating potential of the
community that depends on the exploitation of the resources.

XII.

XIII.

XIV.

XV.

We also propose a constitutional mechanism for implementation

of environmental treaties and that the chief executive of the
national environmental management authority is given
constitutional protection.

XIX.

Consideration may need to be given to the allocation of government

resources in some proportion commensurate with the contribution to
the national economy from the areas exploited. This could especially
apply to areas most affected by environmental and social problems
wrought by such economic activities.

XX.

Women, youths and vulnerable groups should be included in any

consultative processes dealing with natural resources.

XXI.

All stakeholders involved in natural resource governance require some

form of capacity building and training, but the needs vary. Building civil
societys capacity to effectively engage in and contribute to governance
processes is fundamentally important.

Improve the accessibility of information on and monitoring of

natural resource concessions and use.
XXII.
Improve transparency of and accountability of natural resource
use at the sub-national and national levels.

To implement natural resource governance actions it is necessary to

fully understand how rights, land tenure and resource use are defined in
legislation and policy.

XXIII. Governance principles should reflect local cultural practices and values.
Provide additional support to the government and civil society
groups implementing the Extractive Industries Transparency XXIV. Greater democratization, including respect for human right,
Initiative to strengthen country reporting processes, particularly
participation, and accountability, is another prerequisite for sustainable
around the issues of transfer pricing and commodity trading
natural resource that benefits local people.
Continue on Page 11
practices
9

CRC Newsletter - October - December 2015

Rastafarians call for the decriminalization of Canabis sativa (Marijuana)

Controlling Marijuana will take different forms
from the growing, marketing and consumption.
With the decriminalization of the Marijuana and
the effective control of it, growers will now have
to obtain license and will be under obligation to
sell their products to the state in quantities
meant only for export. This no doubt will tackle
the issue of rampant planting, marketing and
smuggling of the Marijuana.
With a license system in place, growers of the
Marijuana will now have to work in corporations
rather than individually as is currently the case.
This will create room for limited but expanded
growing sites.
Marketers of it also have to be licensed to ensure
that no one deals in it illegally. This will
automatically reduce the number of marketers.
Rastafarians presenting to the CRC

onsistent with its objective of

giving voice to everyone in the
ongoing Constitutional Review
Process,
the
Constitutional
Review Committee (CRC) hosted
members of the Rastafarian
Movement in Sierra Leone

in a Position Paper presentation ceremony at the

Secretariat on 30th November, 2015.
Clad in unusual regalia with dreadlocks long
enough to touch their hips, the Rastafarians were
determined to stamp their rights into the revised
Constitution.
The Rastafarian Movement of Sierra Leone (Twelve
Tribes of Israel (TTI), Bobo Ashanti, Wise men from
the East and Willing Souls) submits as folllows:
There should be religious tolerance expressed in
the practice and observance of our religious rights
Should be added to section 24 (3) of the 1991
constitution.
In effect, to fulfill Chapter III (24) of the 1991
Constitution, the reviewed constitution must
crucially consider the following to enhance the
protection, preservation and promotion of
Freedom of Conscience as a right- based goal.

The Office for Marijuana Control under which will

be a special task force responsible for rapid
cuts across persons from all discipline, status and
monitoring and enforcement, would be
age, it is also very clear that over the years,
established by an act of parliament.
Marijuana has become the subject of open abuse
and huge economic loss.
RECOGNITION OF RASTAFARIANS AND THEIR
RELIGIOUS RIGHTS
Rastafarians all over the world as indicated above,
have a personal, spiritual relationship with the As stated above, the 1991 Constitution of Sierra
Marijuana and have been deeply concerned Leone provides for freedom of association. As
about its misuse by misguided persons in society. stated above also, Rastafari is a relegion on its
own, with membership spread across the world.
We Rastafarians believe in the concept of equal
right and justice, and it is for this reason and The Holy Scriptures in Numbers 6:5 states All the
others put together that we are calling for the days of the vow of his separation there shall no
decriminalization and judicious use of the razor come upon his head: until the days be
Marijuana.
fulfilled, in which he separateth himself unto the
LORD, he shall be holy, and shall let the locks of
The 1991 Constitution of Sierra Leone guarantees the hair of his head grow.
freedom
of
worship
and
association.
Rastafarianism is a religion on its own, and as All over the world including here in Sierra Leone,
stated above, the Marijuana is pivotal in all countless number of children are born
Rastafarian worship for it represents the Holy deadlocked. Wearing dreadlocks is a way of life,
Sacrament.
and this must be respected because it reflects an
association with the Almighty Jah Rastafari and
MARIJUANA AS AN ECONOMIC REJUVENATOR: Africanism.
Marijuana has several uses. According to research,
some of the most expensive fabrics in the world
are manufactured from the Marijuana plant. This
creates a fantastic opportunity for export in an
organized and state-controlled manner.

Carrying dreadlocks is spiritual, and is a religious

belief. Why frown at something that was
ordained by the Creator of Heaven and Earth and
all that is therein?

CONTROLLING MARIJUANA FOR ECONOMIC

Giving the preamble above, it would be too nave to AND JUDICIAL USE
continue to consider the Marijuana (herb) as an A move from regulating to controlling the
illegal substance. Apart from the fact that its usage Marijuana could be a strategic one indeed.

There are instances of discrimination against

persons with dreadlocks in public schools and
colleges in the country. This must be legally
discouraged because the constitution of the land
speaks very strongly against such.

A CALL FOR DECRIMINALIZATION:

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CRC Newsletter - October - December 2015

Natural Resources Governance and

Economic Justice Network (NaRGEJ)
proposals to CRC
XXV.

The Constitution should be clear on the data base of our natural

resources.

XXVI.

There should be a transformation and development fund from

natural resource revenue and quota for youth and women

XXVII.

A conflict resolution mechanism such as Alternative Dispute

Resolution should be put in place

XXVIII. A provision should be included on fair taxation of natural

resources and clear accountability management.
XXIX.

That GST should be paid by companies

XXX.

That the lease period be brought to 25 to 50 years instead of 99

years

XXXI.

That the land rate paid by companies be equitable

XXXII.

There should be a clear dichotomy between transitional period

and closure of companies

CSOs during their presentation

XXXIII. Our natural resource be prioritized

Civil Society Activists representing various interests were determined to

improve the rule of law and correct the wrongs that are militating against the
progress of the nation. After much consultation, they developed a position
paper proposing amendments to the 1991 Constitution which is under review.
The presentation took place at the Constitutional Review Committee (CRC)
Secretariat in Freetown on Thursday 26th November, 2015. Their burning
desire to right the ills of society through the Constitutional Review process was
evident in the content of the position paper.

XXXIV. Land use planning should be included

XXXV.

CSOs present position paper to the CRC

There should be a fair distribution of profit from natural

resource between men and women

XXXVI. Provision should be made for capacity building of young

people on natural resource governance through the creation of
training institutes.
XXXVII. There should be a clear policy on resettlement or relocation of
affected communities in mining areas

Two position papers, one developed by over 150 Civil Societies and another
that captures the wishes and aspirations of ordinary citizens who might not
have the opportunity to participate in the activities of the CRC.
Valnora Edwin, the Executive Director of Campaign for Good Governance said
that CGG has a mission to give a voice to citizens. She said that some of the
issues they presented were not new but were true reflections of the
aspirations of the people.
Abu Brima speaking on behalf of Network Movement for Justice and
Development stated that the processes that led to the production of the
propositions were inclusive and participatory.
The Civil Society Organizations proposed the following:
The establishment of a Constitutional Court to resolve all issues relating to
the Constitution, amendments to the qualifications to become a Supreme
Court Judge, separation of the Office of Attorney General and Minister of
Justice, the constitution must clearly state the conditions under which a
sitting Vice President may be removed from office; the entire Section 27 must
be expunged from the current Constitution; the expression supreme
executive authority must be removed totally from Constitution; basic
human rights must be accorded to everyone in the country not only citizens.

CSOs during their presentation

191

Receiving the Position Paper, the Chairman of the CRC, Justice Edmond
Cowan thanked Campaign for Good Governance (CGG) and other Civil
Society Organisations for putting the paper together. He assured them that
the CRC would consider their aspirations but cautioned that it was not
everything that would be captured in the new Constitution.

CRC Newsletter - October - December 2015

APC Secretary General Alhaji Osman Yansaneh presenting their position paper to the Chairman, CRC

All Peoples Congress (APC) makes proposals to the CRC

n line with the demands of the Constitutional Review Committee (CRC) for inputs from members of the public, the All Peoples
Congress (APC) Party submitted a 10 point proposal for constitutional change. The following were the views presented:
To enhance respect for the emerging principle of some form of limits to presidential terms, but without violating the
right of any citizen to run for political office of his or her choice, we propose that nobody shall be eligible to serve as
President for more than two consecutive terms. However, such persons may be eligible to contest for presidential
elections after an intervening term. No person shall be permanently barred from running for the political office of his
or her choice. Some of the worlds greatest democracies from Britain to Australia, Germany and Japan do not
permanently bar citizens.

In order to ensure accountability of a Vice President to the

President, the APC proposes that the President may indicate
whom he wants to serve as Vice President and could remove
him/her whenever he comes to the conclusion that the Vice
President lacks the requisite loyalty, capacity etc. to continue to
serve as his or her principal assistant.
The President and Vice President should be members of a
political party and that should be a continuous requirement

They also recommended maintaining the 40 years, reducing

the 55% threshold to win the presidency to 50% + 1

They also want Ministers to be appointed from among

members of Parliament. No less than a third of ministers may be
chosen from among parliamentarians.

The want the retirement age of Judges to be extended from 65

to 70 years

192

The 30% quota representation for women

Ethnic and regional diversity should be reflected in the civil and
public service
The President must continue to appoint the Chief Justice in
consultation with the Judicial and Legal Service Commission
Presenting the position paper to the Chairman of the CRC, Secretary
General of the All Peoples Congress (APC), Amb Osman Foday
Yansaneh remarked that the APC felt obliged to present a paper to the
CRC at a time when the Constitution was being reviewed.
Receiving the paper, Justice Edmond Cowan assured that the CRC
would thoroughly look into the proposals of each group/organisation
for constitutional change but cautioned that it was not everything that
people proposed that would be incorporated into the revised
Constitution.

CRC Newsletter - October - December 2015

Audit Service seeks more power from the Constitutional Review Committee (CRC)

The Audit Service Sierra Leone, the supreme auditing

institution in Sierra Leone has submitted a position
paper to the Constitutional Review Committee (CRC) on
Wednesday 25th November, 2015. The event took place
at the Secretariat of the CRC in the presence of the
Chairman of the CRC, Justice Edmond Cowan and the
Auditor General, Mrs Lara Taylor Pearce.
Charged with the supreme responsibility of auditing the
accounts of the Government of Sierra Leone, ASSL
proposed changes to the extant Constitution including
the following:

Auditor General, Mrs Lara Taylor Pearce presenting position paper to the CRC

That a qualification be set to the persons who

are to hold the position of Auditor General,
preferably someone with over 10 year
experience as an accountant.
That amendment be made so that funds
provided for the people of Sierra Leone
through Non-Governmental Organisations
(NGOs) and International Non-Governmental
Organisations and other International
Organisations be audited by ASSL.
That the Constitution be amended to allow the
Audit Service to be making the Annual Report
public and publishing it as soon as it is tabled in
Parliament.
That the annual budget of the Audit Service
approved by Parliament shall be protected and
not be changed by the Executive.
The Audit Service agreed with many of the existing
provisions of the current Constitution.

Members of the Audit Service during their presentation

Justice Edmond Cowan responding to the position of

Audit Service thanked them for responding to the plea
of the CRC for institutions and organisations to propose
changes for the revised Constitution. He remarked that
a lot of effort would have been put into the submission
of the agency. He noted that the revised Constitution
must reflect the aspirations of the people.

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CRC Newsletter - October - December 2015

Native Consortium makes unique propositions to CRC

he Native Consortium and Research Centre (Native Think Tank) has

presented their position to the Constitutional Review Committee (CRC)
encapsulating the changes they want in the reviewed Constitution.
Some of their recommendations are catalogued below:

1. That the voting method is upgraded to Biometric voting to ensure free and fair
elections with clear outcomes.
2. We recommend that a semi-presidential system of Government is adopted by the new
constitution wherein the President will appoint a Prime minister from the party with
the highest majority in parliament who will wield and exercise executive authority in
accordance with the National Constitution. However, the President will still be the
commander in Chief of the Armed Forces.
3. We recommend that a ceremonial style of Presidency be adopted as it offers a better
scope for transparency and accountability. We further recommend that a referendum
be held on each President at the expiry of his/her tenure and if he/she loses the
referendum he/she will not be entitled to any pension or benefits.
4. We recommend that an economic crimes commission be set up that focuses on the
effective use of asset declarations and monitoring for all public servants.
5. All Payment and/or receipt above Twenty Five million Leones (Le 25 Mil) should be
paid through the bank account of those individuals to promote transparency, so the
Bank can generate accurate information to track any excesses or fraudulent
transaction. This will reduce the work on the anti corruption commission because it
will serve as a deterrent for corrupt public officials.

6. We recommend that to enable any elected Ceremonial

President to serve as a symbol of National Unity he must
not be a member of Political party. Hence he should
resign his political party immediately after s/he wins an
election.
7. The term of office of the ceremonial President should be
one term of seven years.
8. The Prime Minister shall not run for more than 2 5-year
term limits. When there is temporary vacancy in the
office of the President, the Prime Minister can act and
the Chief Justice can deputize until due elections are
been conducted.
9. At the time for the Prime Minister and MP elections
there should be a 30 days cooling off period, when
aggrieved parties or National returning Officers shall
petition their complaints to the Supreme Court.
10. The Supreme Court should be well equipped to address
these complaints within the 30 days before the final
declaration of result. Therefore we are strongly
recommending that we have at least 9 Supreme Court
Judges to be on the bench as 5 can sit on a matter as and
when necessary. If for any reason all 5 cannot sit, they
can request for a judge from the appeal court.
11. The National returning officer should not have any right
to nullify results unless the Supreme Court has looked
into the matter and given their verdict within the 30
days cooling off period. This will lay to rest the post
elections problems that led to the landmark case in
Ghana by Nana Kuffour Ado for example, and Sierra
Leone in 2012. This new constitution shall address all
those loops holes.
12. All substantive ministers should be elected Members of
Parliament. Only MPs are eligible to be ministers and
deputies. This would help reduce mediocrity, bench
warmers, and clappers in the house of Parliament.

Native Consortium and Research Centre Official presenting to the CRC

13. We also recommend a 60 member upper house of

representatives. This body shall be formed by religious
leaders, retired generals, retired senior servants, civil
society representatives, journalists, retired auditor
generals and Inspector Generals. Chiefs may only go to
Parliament on the basis of proportional representation.
This upper house cant make laws but can influence laws.
14. We strongly recommend that the number of Members
of Parliament required to trigger impeachment
proceedings on allegations of misconduct be reduced
from 50% to 10% and further the categories of
misconduct be properly defined in accordance with
section 40 (2). If those bringing the impeachment
proceedings fail they will lose their seats in Parliament.

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CRC Newsletter - October - December 2015

VGGT presents position paper to CRC

hey came with the Voluntary

Guidelines
on
the
Responsible Governance of
Tenure of Lands, Fisheries
and Forestry in the Context of
National
Food
Security
(VGGT) and were eager to see
their aspirations reflected in
the revised Constitution.

A member of the VGGT Technical Working Group,

Sonkita Conteh intimated the Chairman and
members of the Constitutional Review
Committee (CRC) that VGGT constitute an
unprecedented international agreement on
responsible governance of tenure aimed at
helping governments safeguard the rights of
people to own or access land, forests and
fisheries. He disclosed that the guidelines outline
principles and practices that governments can
refer to when making laws and administering
land, fisheries and forests rights.
In their Position Paper to the CRC, the Multi
Stakeholder platform of the VGGT proposes as
follows:

That the Constitution recognises that land

and natural resources, like sovereignty, vest in
the people of Sierra Leone and must be used
or exploited in their interest.

That the Constitution recognises that the

right to land/property is enjoyed by every
Sierra Leonean without discrimination on the
basis of gender or other status.

That rules of customary law, statute or

practice that discriminate in themselves or in
their effect on the basis of gender or other
status, particularly in relation to access, use
and control of land and inheritance are void.

That the Constitution protects and

guarantees economic, social, cultural and
environmental rights in accordance with
Sierra Leones international rights obligations.

A member of VGGT Technical Working Group presenting position paper

The nature of the review process, Justice Cowan went on, is a person driven exercise. In other words,
the wishes and aspirations of the people of Sierra Leone must take pre-eminence. Sovereignty
belongs to the people from whom government through the Constitution derives its autonomy and
legitimacy. The CRC Chair concluded.

Members of VGGT Technical Working Group during their presentation

Justice Edmond Cowan, CRCs Chairman in

receiving the Position Paper commended the
Team from Food and Agricultural Organisation
(FAO) for the invaluable contribution to the
Constitutional Review process adding that such
contribution would lend credence to the process.
Whilst assuring that the CRC would consider their
aspirations for inclusion into the revised
document, he cautioned that it was not
everything that people requested for that would
be included in the revised Constitution.
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CRC Newsletter - October - December 2015

Sierra Leone womens position paper - Many messages, one voice

Chairman, CRC making his statement during the presentation

he
presentation
ceremony
attracted women from far and
wide. Convinced that their
aspiration would be reflected in
the revised Constitution, the
women displayed a show of

solidarity backed by celebrations.

Recommendations were divided into general and
thematic as seen in the following lines:

Section 27 (4)(d) and (e) to be expunged

Constitution to include a minimum 50% (Fifty percent) Quota for womens participation at all
levels in Public and Private sectors and spheres
Male and female citizens to have equal rights to confer citizenship on spouses and on their
children
Other recommendations included those on principles of state policy, human rights, citizenship, the
Executive, legislative, judiciary, local government, land, natural resources and information,
education and communications.

The Constitution should be dedicated to a

Higher Supreme Being
Gender neutral language to be used in the
Constitution (should refer to she as well as he
or preferably (s)he.
Constitution to be in simple language,
accessible and available to all even those not
literate in English
The Constitution should give equal
recognition and respect to all forms of
marriage BUT Early and Child Marriage and
same sex marriage to be expressly prohibited
Right and access to land and natural
resources guaranteed equally to women and
men across Sierra Leone

Participants at the presentation

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CRC Newsletter - October - December 2015

The Bar Association proposes changes to the 1991 Constitution

In the presence of the Chairman of the Constitutional Review
Committee (CRC) Justice Edmond Cowan, the President of the
Sierra Leone Bar Association (SLBA), Ibrahim Sorie and
colleagues read portions of their position to the Review
Committee.
Among the thematic areas presented for consideration by the
CRC included the following: reforms to the tenure and
qualifications of Judges of the superior court of judicature, the
Executive, human rights and state policies, separation of power
and the Office of the Speaker of Parliament.
It is our position that the mandatory age of retirement for all
Justices of the Superior Court be extended to 70 years whilst still
maintaining a voluntary age of 65 years, noted the Bar
Association in their paper.
The Association believes that the qualification to be appointed
a Judge should be restricted to only persons who are entitled to
practice as Counsel in a Court having unlimited jurisdiction in
civil and criminal matters in Sierra Leone and the new
constitution should not make provision for persons who are not
entitled to practice law in Sierra Leone to be appointed Judges.

Chairman, CRC receiving position paper from the President, SLBA

The Bar Association holds the view that Sierra Leone maintains
the two term limit of 5 years tenure for the presidency whether
those terms are consecutive or not. They also want to see a
limitation to the use of executive orders and supreme
executive authority by the President.
Other recommendations included the right to food, the
constitutional abolition of the death penalty, the removal of
emergency laws from Chapter 3 which deals with fundamental
rights, the elimination of contradictory clauses from the
Constitution including Sec 27(4)(d and e).
Receiving the paper, CRC Chairman, Justice Edmond Cowan
remarked that the Committee would thoroughly look their
document for constitutional amendment but cautioned that it
was not everything that they have asked for that would be
reviewed on the grounds that the revised document must
reflect the aspirations of the people generally.

Members of the SLBA at the presentation

197

CRC Newsletter - October - December 2015

Centre for Accountability and Rule of Law (CARL) proposes to the CRC

The new constitution should guarantee

a number of civil rights and protections
including the right to privacy, protection
against search and seizure and the
privacy of correspondence

Social and economic rights must be

justiciable

Provision should be made in the revised

Constitution for the treatment of
prisoners

All emergency measures should be

subject to judicial review by the courts of
Sierra Leone

CARL also recommends the setting up of

a constitutional court to arbitrate all
constitutional matters for a vibrant
constitutional jurisprudence

Chairman, CRC receiving position paper from the Executive Director, CARL

he Centre for Accountability and Rule

of Law (CARL) presented the
following recommendations for
constitutional amendments: in a
Position
Paper
presentation
ceremony at the Secretariat on 30th
November, 2015.

Seek a consensus on a set of national values

to form the basis of the new constitution
The new Constitution should have a
simplified section on citizenship

The Office of the Attorney General and

The right to life must be amended to
Minister of Justice should be separated
incorporate the principle that the right to life
is inviolable
CARL made a number of other proposals for
constitutional change, among these were the
The death penalty should be totally abolished retention of the two terms of five years,
for all offences
recalibrating the balance of power among the
three arms of government, the repeal of Sec
CARL submits that the clauses on personal 27(4)(d)(e) among many others.
liberty in the 1991 Constitution be simplified
to read as follows-No person shall be
deprived of his personal liberty without due
process of law.

ACTION AID presenting to the Chairman

198

CRC Newsletter - October - December 2015

The position of the Child Rights Coalition

Democracy, Sierra Leone makes

recommendations to CRC
Democracy Sierra Leone, a local Civil Society Organisation (CSO)
presented a position paper to the Constitutional Review Committee (CRC)
highlighting changes that they desire in the revised Constitution. These
were their proposals:

A second House of Parliament should be set up

Sec 77(1)(k) of the Constitution of Sierra Leone Act No 6 of 1991

must be reviewed

Parliamentary elections to be held every 6 years

Some of the appointment responsibilities of the President should

be reduced and transferred to the new house for senior citizens
and traditional leaders.

Power distribution arrangement of 60/40 between northwest

and southeast should be entrenched

The Office of Attorney General and Minister of Justice should be

separated

All political parties should have at least 2,500 registered voters in

each district before they are allowed to function

Child Rights Coalition presenting position paper

The Child Rights Coalition, Sierra Leone presented the following for inclusion
in the revised Constitution
A provision that assigns a legal practitioner at the States expense to all
detained persons who cannot afford it.
A provision that grants the right to challenge the lawfulness of any
detention
People should not be barred from exercising freedom of mobility
because of their lack of access to travel documents. They should be
constitutionally provided with the means to access these rights and
lawfully practice them.
Freedom from slavery and forced labour, protection from inhuman
treatment, protection from deprivation of property, protection for
privacy of home and other property
Provision to secure protection of law, protection of freedom of
conscience, protection of freedom of expression and the press
Protection of freedom of assembly and association, protection from
discrimination
There should be a separate section that guarantees children their rights
as children
Other areas of concern included childrens right to citizenship, family
care, non-maltreatment, protection, education and other governance
protections.

Democracy Sierra Leone presenting position paper

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CRC Newsletter - October - December 2015

Chairman, NCPC presenting position paper to the Chairman, CRC

Paramount Chiefs demand a House of Chiefs and many more

he pomp and pageantry that

followed the presentation of the
position paper of the National
Council of Paramount Chiefs left
many in awe. Such is the
seriousness attached to the
paper that all 149 PCs attended

the ceremony at the Miatta Conference Centre.

Their resolve was primarily to overhaul the
institution of chieftaincy in Sierra Leone by
legislation.
Presenting the position paper, the Chairman of
NCPC, PC Charles Caulker said that they recognized
the long and illustrious service undertaken by
Paramount Chiefs within the legislation of Sierra
Leone since colonial times, especially in the
building of the independent nation of Sierra Leone.
The recommendations of NCPC are indicated as
follows:
The amended Constitution must distinguish
clearly those provisions that relate to the
institution, and those that relate to the office
of the Paramount Chief.

That Parliament shall have no power to enact

any law that in any way detracts or derogates
from the honour and dignity of the
institution of chieftaincy

Section 74(1)(a) of the 1991 Constitution

must be revoked

Any chief wishing to actively support a

political party, seek election to Parliament
or accept appointment to a political office,
shall resign his office

The NCPC proposes establishment of

National House of Paramount Chiefs as the
best alternative and appropriate mechanism
The composition of the Judicial and Legal
by which to secure a recognized national
Service Commission should be amended to
voice for advising on matters relevant to
include two PC representatives nominated
tradition, custom and the institution of
by the NCPC
chieftaincy, while at the same time enforcing
high ethical standards for chiefs.
Justice Edmond Cowan, the Chairman of the
Constitutional Review Committee (CRC) thanked
NCPC proposes that the current process of the PCs for putting together such a wonderful
electing Paramount Chiefs and sub-chiefs by position paper. He assured them that the CRC
Electoral College of chiefdom councilors be would consider their position but cautioned that
retained
it was not everything that they requested that
would be amended in the Constitution.
The revised Constitution must provide that
chiefs continue to hold office for life, except
in cases of resignation or removal. This
position should be an entrenched provision
in the Constitution.
The power to remove a chief from office
should not vest in the hands of the Executive
alone, but that a decision on removal from
office should be made by a tribunal with right
of appeal to the Court of Appeal.

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CRC Newsletter - October - December 2015

OXFAM proposes reformation on land tenure and sanitation in urban Sierra Leone

OXFAM making their presentation to the Chairman, CRC

XFAM
commissioned
a
research to understand land
tenure/ownership
issues
(including policies, laws and
practices) overwhelming the
provision of WASH related
facilities in slum/informal

settlements located in urban and peri-urban

areas in Sierra Leone.
The dissatisfaction expressed by about 60% of
land owners was that they have never being
involved in decision-making on land for
development purposes. Lack of follow-up, weak
monitoring systems, misinformation and poor
planning in the entire arrangement for service
provisions were also highlighted as major
problems associated with service providers.

To curb this situation, they recommended that

service providers

Promote Upgrading and

Schemes for slum settlements

Adopt the theory of change model for policy

influencing on land use, water and sanitation

Strengthen social structures and promote

community driven WASH projects

Upgrade existing land laws and develop an

Informal Settlement and Land use Policy

Review and upgrade urban WASH

programming to address new challenges
observed in the research

Raise awareness to influence and change

behavior on land use and slum/informal
settlements

Ensure womens right to land ownership

and their full participation/involvement
indecision-making
on
water
and
sanitation

Embark on de-densification
congested slum settlements

of

highly

Self-help

Social cohesion on the other hand, seems to

have been shattered in most of these
communities as observed from mixed views
about the entire social organisation of
communities covered. Disunity among
community members, embezzlement and
misappropriation of development funds by
corrupt leaders, and disorganized community
groups were observed to be some of the root
causes of weak cohesion and lack of community
buy-in for WASH service provisions in urban and
peri-urban Sierra Leone.

Representatives from OXFAM and CRC Secretariat during the presentation

291

CRC Newsletter - October - December 2015

SLYEO demands 10% quota youth representation in governance

The Society for Learning and Yearning for Equal Opportunities (SLYEO)
have presented their position to the Constitutional Review Committee
(CRC) requesting the inclusion of the 10% quota for youth
representation in governance positions among other issues as
catalogued below:
The Government and people of Sierra Leone must do everything
in their powers to ensure this is given the utmost priority.
The new constitution clearly define citizenship and amend the
as and when applicable clause in section 9(2)(a) which talks
about Government Eradication of illiteracy by directing its
educational policy towards achieving free Senior Secondary
School education to education for all.
Political parties should provide space for youth to serve as
candidate in their strong holds and PPRC must ensure that it is
codified

SLYEO representative making their presentation

Subject to the provision of section 64 (1)(b) that gives priority for

Paramount chief members in parliament, the same provision
must be included in the new Constitution for the youth at
parliament and at local council levels.
In other to enhance youth employment, young people yearn for
the amendment of the Labour Act /Law of Sierra Leone in other
to capture the aspirations of young people without premising
number of years of job experience. Therefore in other to
accommodate these aspirations, it is recommended that young
people be accorded the opportunity of seeking job experience at
the qualifying and final stages of their studies/training.
Section 14 be amended to; fundamental state principles shall be
justiciable where they exist a deliberate neglect amidst available
resources
All youth representation on the Board of Parastatals, Steering
Committee to be drawn from the District Youth Council - DYCs,
There should be a clear definition of roles of Ministry of Youth
Affairs (MOYA). The National Youth Commission (NAYCOM) And
Presidential Youth Aid and based on the revised youth policy of
2014, all DYCs should be established and managed by MOYA and
on this grounds; all developement funds should be managed by
the DYCs at district level,
In relation to section 13 paragraph 6, political party loyalty spelt
out as part of those loyalties which loyalty to the state overrides,
Discrimination must include age category and Medical and
Health facilities for all citizens be prioritized,
Facilities for vulnerable groups in all public and private
institutions eg Rams for PWDs and Housing facilities be given
utmost consideration.

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CRC Newsletter - October - December 2015

TEDEWOSIL advances proposals for

religious tolerance in the revised
Constitution

Salone Organization for the welfare of the

aged makes recommendations to CRC
The protection of the welfare of the aged (60 years and above) is a human
rights issue. Older women and men have the same rights as everyone else
and their equality does not diminish with age. Human Rights are held by all
persons equally, universally, and forever.
These were the words of Deacon Tamba Gbenda, the Director of the Salone
Organization for the welfare of the aged in their position paper to the
Constitutional Review Committee (CRC). Among the recommendations
proffered were:
Free health care facilities to cover the aged
Geriatric wards to be provided in every district hospital
Training of Geriatric Specialist nurses
On financial security, they recommended the provision of
monthly financial subsidy to vulnerable aged

Representative from TEDEWOSIL making her presentation

In their desire to ensure complete religious tolerance in the country, the

Thorough Empowerment and Development for Women and Girls in Sierra
Leone (TEDEWOSIL) submitted a position paper to the Constitutional
Review Committee (CRC) for inclusion in the revised Constitution.

Free transport for the elderly on Government transportation

system

Among their aspirations were:

Provision of resource and recreational centres for the aged

That there should be distance between churches and mosques in

every community

That dates and worship times should not clash

That the loudspeakers used for revivals are very loud and cannot be
tolerated

Free housing facilities for very vulnerable aged

CRC must not legalize same sex marriage in Sierra Leone

Social protection policy to be enacted into law
A National Policy on Ageing to be developed by law

That no denomination should speak evil against the other-meaning

everyone must mind their business

That office should not discriminate against ladies covering their

bodies

A National Commission for the aged to be established

The aged should be given priority in queues
Physical assault on the elderly must be criminalized

Bishop A. J. Cole noted that Sierra Leone should enact laws or code of ethics
or protocols that would ensure that religious tolerance is protected, upheld
and enhanced. Such laws he said, should engender strife between the two
main religions, Islam and Christianity

The CRC received the paper and promised that they would look into their
wishes and aspirations and where necessary would incorporate their
demands into the revised Constitution.

The document that slates religious bodies under the Ministry of Social
Welfare, Gender and Childrens Affairs should be revisited.
Religious holidays should be observed without masquerades. We cannot
allow any idolatrous culture to becloud or contaminate the prophetic
significance of Christian holidays / Religious holidays.

An aged representive presenting recommendations to the Chairman, CRC

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UN WOMEN presenting womens choice to the Chairman, CRC

UN WOMEN presents womens choice in the constitutional reform process

N Women joined many other organisations to present a

Position Paper to the Constitutional Review Committee
(CRC) for an amendment of the 1991 Constitution of Sierra
Leone. Among the issues presented for review were:
Right to equality with men in all spheres and freedom
from discrimination. The women urged for the

complete repealing of Section 27 of the Constitution and adoption of

the recommendation of the last Constitutional Review Commission.

Right to affirmative or temporary measures to ensure that women

realize their rights. Such measures would include the 30% quota at local
and national levels.

Right to free education particularly basic education

Right to free health care services including reproductive health care

facilities/services

Right to reasonable standard of sanitation and clean and safe water

Right to property including right to land and property required during

marriage

Right to equality with husband in marriage

Right to access justice including fair hearings/trials in courts or

institutions and services
Right to free legal services particularly in complaints relating to
violation of rights
Right to adequate means of livelihood and suitable employment and
fair labour practices
Right to equal participation in decision making bodies and
institutions including right to belong to political parties
Right to family including right to marry a person of the opposite sex

Freedom from forceful cultural practices including forced marriage and

initiation into secret society

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CRC Newsletter - October - December 2015

WANEP proposes a National Infrastructure for peace

The West Africa Network for Peace-building, Sierra Leone
(WANEP-SL) in partnership with Civil Society
Organisations (CSOs) working on peace and security, the
academic community and traditional authorities in Sierra
Leone presented a position paper to the Constitutional
Review Committee (CRC) with a view to paving a roadmap
and strategies towards the establishment of an
Infrastructure for Peace in Sierra Leone.
They saw the ongoing Constitutional Review Process as
an opportunity to legalize this all important human
attribute.
Presenting their position paper, the National Coordinator,
WANEP, Edward Jombla said they thoroughly reviewed
the nature and character of Infrastructure for Peace in
WANEP presenting position paper

light of international models of best practices and were

advocating for the establishment of a National Peace
Commission whose composition shall include state and nonstate actors with a gender balanced citizens of moral, legal
and civic responsibility to address national reconciliation and
peacebuilding challenges and whose composition shall also
reflect the district, chiefdom and community characters of
Sierra Leone.
They argued that such an institution shall have
transformative roles and responsibilities to peacebuilding
which shall address all types of violence, whether direct,
political, structural, economical or cultural in both public and
private sectors; and which in turn requires the support from
the government and citizens of Sierra Leone.

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CRC Newsletter - October - December 2015

Sub-committees present proposed zero draft reports to the Plenary

CRC plenary session

Sub-committees on various thematic issues have presented a proposed

first draft report containing recommendations to the plenary of the
Constitutional Review Committee (CRC). The events which started in the
last week of November 2015 ran through the weeks leading to the
Christmas Holidays.
In their presentation, the Chairman of the Legislative Sub-committee,
Justice Tolla-Thompson dilated that the terms of reference of their subcommittee was to review the legislative sections and the section relating
to the representation of the people. They endorsed a number of
recommendations including the uniform age for contesting and voting,
the decentralisation of the Commissioners of the National Electoral
Commission (NEC), the terms and conditions of service of NEC
Commissioners, two terms for all NEC Commissioners
Presenting on behalf of the Land, Natural Resources and the Environment
sub-committee, the Chairman, Yoni Emmanuel Sesay highlighted that
they have developed series of recommendations based on the
suggestions by members of the public.
All natural resources rights must be made justiciable by making them
fundamental rights. The subcommittee recommends that marine
resources and fisheries be merged into one section.

Judiciary Sub-committee Representative, Justice Eku Roberts presented their

endorsed recommendations which includes increasing the composition of
the supreme court to 7, Court of Appeal to 9 and the High Court to 15.
The Judicial and Legal Service Commission shall appoint the Chief Justice
from among persons qualified to hold office as Justice of the Supreme Court
subject to the approval of Parliament. A robust mechanism should be put in
place that will allow the Judiciary financial autonomy and ensure
independence.
On the issue of Information, Education and Communications (IEC) the Subcommittee propounded the independence and freedom of the media, the
composition of the Independent Media Commission (IMC) and many other
issues.
On the Executive, the sub-committee recommends the change of the term
supreme executive authority to chief executive authority. The President
shall no longer be exempted from personal taxation and a fixed date for
elections.
Most of the issues presented were thoroughly debated by the subcommittees prior to the production of the draft report. A validation process
would be carried out, on completion of the First Draft Report. On completion
of the validation process, the Final Draft Report would be produced and
presented to Government.

In their presentation, the State policy, human rights and citizenship Subcommittee made a number of recommendations. Among the issues
debated were the justiciability of state policies, proposed new Chapter
that is titled, Media Freedom and Independence,

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Sub-committees present proposed zero draft reports to the Plenary

CRC Plenary Sessions

CRC Plenary Sessions

Sub-committee meeting - IEC

Sub-committee meeting - Judiciary

Sub-committee meeting - Executive

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CRC Newsletter - October - December 2015

Partners

Sanaullah Baloch
Chief Technical Advisor
UNDP, Sierra Leone

Mohamed Faray Kargbo

Information & Outreach
CRC

Maimunatu Massaquoi
Web Specialist/Computer Support
CRC

Address: Miatta Conference Centre, Brookfields, Freetown, Sierra Leone. Telephone: +232 25 333322
Email: Crcsl1991@gmail.com Website: http://www.constitutionalreview.gov.sl