SoHR (1) .2008.PDF Final Draft

The State of Human Rights in Sierra Leone
2008
Human Rights Commission of Sierra Leone (HRCSL)

The State of Human Rights in Sierra Leone 2008
List of Abbreviations
ABC - Attitudinal and Behavioral Change

ACC - Anti-Corruption Commission
ACHPR - African Charter on Human and Peoples Rights
APC - All Peoples Congress
AU - African Union
CEDAW - Convention on the Elimination of Discrimination
Against Women
CRA - Child Rights Act
CSOs - Civil Society Organizations
CTN - Cotton Tree News
DecSec - Decentralization Secretariat
DGTTF - Democratic Governance Thematic Trust Fund
ECOWAS - Economic Community of West African States
ERSG - Executive Representative of the Secretary
General
EU - European Union
FBC - Fourah Bay College
FCC - Freetown City Council
FGC - Female Genital Cutting
FSU - Family Support Unit
GOSL - Government of Sierra Leone
GLRA - German Leprosy Relief Association
H.E. - His Excellency
HDI - Human Development Index
HIV/AIDS - Human Immunodeficiency Virus/Acquired
Immune Deficiency Syndrome
HRCSL - Human Rights Commission of Sierra Leone
ICASL - Institute of Chartered Accountants of Sierra
Leone
ICCPR - International Covenant on Civil and Political
Rights
ICESCR - International Covenant on Economic, Social and
Cultural Rights
ICTJ - International Centre for Transitional Justice
IDA - Institutional Development Advisor
IMC - Independent Media Commission
IRC - International Rescue Committee
JSDP - Justice Sector Development Programme
KNCHR - Kenya National Commission on Human Rights
MDAs - Ministries, Departments and Agencies
MoU - Memorandum of Understanding
MPs - Members of Parliament
MSWGCA - Ministry of Social Welfare, Gender and
Children’s Affairs
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NACE - National Advocacy Coalition on Extractives

NaCSA - National Commission for Social Action
NANHRI - Network of African National Human Rights
Institutions
NCD - National Commission for Democracy
NEC - National Electoral Commission
NEWMAP - Network of Women Ministers and
Parliamentarians
NGOs - Non-Governmental Organizations
NHRIs - National Human Rights Institutions
OSD - Operation Special Division
OSIWA - Open Society Initiative for West Africa
PSC - Public Service Commission
PWDs - Persons with Disabilities
SDI - Society for Democratic Initiatives
SIDA - Swedish International Development
Cooperation Agency
SLAJ - Sierra Leone Association of Journalists
SLCMP - Sierra Leone Court Monitoring Programme
SLP - Sierra Leone Police
SLPP - Sierra Leone People’s Party
SLRTC - Sierra Leone Road Transport Corporation
SLUDI - Sierra Leone Union on Disability Issues
TRC - Truth and Reconciliation Commission
U.K. - United Kingdom
UDHR - Universal Declaration of Human Rights
UNDP - United Nations Development Programme
UNICEF - United Nations Children’s Fund
UNIOSIL - United Nations Integrated Offices in Sierra
Leone
UNIPSIL - United Nations Integrated Peace-Building Office
in Sierra Leone
UN-PBF - United Nations Peace Building Fund
VIO - Voter Identification Officers
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Table of Contents
Contents Page
Executive Summary …………………………………………….……………………. 6
Key Challenges & Recommendations ………………………………………………. 7
Chairperson’s Foreword ……………………………………………………………… 9
Executive Secretary’s Review ………………………………………………………. 10
Commissioners ……………………………………………………………………… 11
Part 1: Background and Historical Context ……………………………………… 13

Context …………………………………………………………………………..…… 13
Bringing the Commission into Operation …………………………………………… 14
Vision, Mission and Core Values …………………………………………………… 15
Mandate of the HRCSL ………………………………………………………………… 15
Part 2: Activities of HRCSL ………………………………………………………… 18

2.1 Responding to Complaints……………………………………………………. 18
2.2 Capacity Building of HRCSL ………………………………………………..... 18
2.2.1 HRCSL’s Administration and Finances……………………………….. 19
2.2.2 Regionalization………………………………………………………….. 20
2.3 Working with the Government of Sierra Leone……………………………. 20
2.4 Strategic Interactions …………………………………………………………… 21
2.5 Publication and Dissemination of “The State of Human Rights in
Sierra Leone” 2007 Report……………………………………………………… 25
2.6 Celebration of International Human Rights Day……………………………….. 26
2.7 Regional Training of Traditional Leaders on Human Rights…………………… 27
2.8 Workshop for Stakeholders on the Contents of the Child Rights and
Gender Justice Acts, and Monitoring of their Implementation………………… 28
2.9 Support to the Implementation of the TRC Recommendations……………….. 29
2.10 Monitoring of Local Government Elections…………………………………… 30
2.11 Monitoring Prisons and Detention Places……………………………………… 30
2.12 Review of Draft Legislation…………………………………………………… 31
2.13 Complaints …………………………………………………………………… 31
Handling of Complaints……………………………………………………… 31
Summary of Some Complaints Handled ……..………………………………. 35
Part 3: The State of Human Rights in Sierra Leone ………………………………… 38

3.1 Promotion and Protection of Human Rights ………………………………… 38
3.1.1 Civil and Political Rights……………………………………………………… 38
3.1.1.1 Right to life, liberty, and Security of the Person, and the
Death Penalty…. ……………………………………………… 38
3.1.1.2 Protection from Deprivation of Property …………………… 39
3.1.1.3 Freedom of Expression and the Press ………………………… 40
3.1.1.4 Freedom of Assembly/Association ………………. …………. 42
3.1.2 Economic, Social and Cultural Rights……………………………………… 42
3.1.2.1 Right to Just and Favourable Conditions of Work…………….. 43
3.1.2.2 Right to Education……………………………………………… 43
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3.1.2.3 Right to Health………………………………………………… 44

3.1.2.4 Human Rights Concerns in Mining Activities………………… 46
3.1.3 Women’s Rights……………………………………………………………… 47
3.1.3.1 Participation in Politics and Other Public Offices …………... 47
3.1.3.2 Violence against Women……………………………………. 48
3.1.4 Children’s Rights…………………………………………………………… 49
3.1.4.1 Harmful Traditional Practices ………………………………. 49
3.1.4.2 Teenage Pregnancy and Girl Child Education …………. …. 49
3.1.5 Vulnerable Groups…………………………………………………………… 50
3.1.5.1 Persons With Disabilities……………………………………….. 50
3.1.5.1.1 Access to Health………………………………………………… 50
3.1.5.1.2 Access to Education……………………………………………. 52
3.1.5.1.3 Access to Justice………………………………………………… 52
3.1.5.1.4 Political Participation of PWDs…………………………………. 53
3.1.5.1.5 Other Rights of PWDs………………………………………….. 53
3.1.5.2 The Aged………………………………………………………… 54
3.1.5.3 Sexual Orientation………………………………………………. 54
3.1.6 Human Rights in the Administration of Justice…………………………… 55
3.1.6.1 The Sierra Leone Police ………………………………………… 55
3.1.6.2 The Court System……………………………………………… 56
3.1.6.3 The Sierra Leone Prisons………………………………………… 58
3.1.6.4 Juvenile Justice………………………………………………… 60
3.2 Institutional Capacity Building for the Promotion and Protection of Human
Rights………………………………………………………….. 63
3.3 Human Rights Defenders in Sierra Leone…………………………………. 64
3.4 Important Initiatives in Furtherance of the Protection and Promotion of
Human Rights ………………………………………………… 64
3.4.1 Implementation of the TRC Recommendations………………. 66
Part 4: Recommendations ………………..…………………………………………… 66

4.1 Promotion and Protection of Human Rights ………………………………… 66
4.1.1 Civil and Political Rights………………………………………………………. 66
4.1.1.1 Right to life, liberty, and Security of the Person, and the
Death Penalty….………………………………………………… 66
4.1.1.2 Protection from Deprivation of Property ………………………. 66
4.1.1.3 Freedom of Expression and the Press ………………………….. 67
4.1.1.4 Freedom of Assembly/Association ……………………………. 67
4.1.2 Economic, Social and Cultural Rights………………………………………. 67
4.1.2.1 Right to Education ……………………………………………… 67
4.1.2.2 Right to Health…………………………………………………… 68
4.1.2.3 Human Rights Concerns in Mining Activities…………………. 69
4.1.3 Women’s Rights………………………………………………………………… 69
4.1.4 Children’s Rights……………………………………………………………… 70
4.1.5 Vulnerable Groups……………………………………………………………… 70
4.1.5.1 Persons With Disabilities………………………………………… 70
4.1.5.1.1 Access to Health…………………………………………………… 71
4.1.5.1.2 Access to Education……………………………………………… 71
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4.1.5.1.3 Access to Justice………………………………………………… 71

4.1.5.1.4 Political Participation of PWDs………………………………… 71
4.1.6 Human Rights in the Administration of Justice………………………………. 72

4.1.6.1 The Sierra Leone Police ………………………………………… 72
4.1.6.2 The Court System………………………………………………… 72
4.1.6.3 The Sierra Leone Prisons ………………………………………… 73
4.1.6.4 Juvenile Justice…………………………………………………… 73
Rights …………………………………………………………… 74
4.3 Human Rights Defenders in Sierra Leone …………………………………… 74
Human Rights ………………………………………………………………… 75
4.4.1 Implementation of the TRC Recommendations……………….. 75
Submission Signature of Commissioners…………………………………………… 76
Appendices …………………………………………………………………………… 77
1. HRCSL Act…………………………………………………………… 77
2. List of Staff Recruited in 2008………………………………………… 85
3. Speech from the Chairperson to H.E. During Working Visit in
October ………………………………………………………………… 87
4. List of CSOs the Commission Worked With…………………………….. 91
5. Letter of Appreciation from Prisons Director…………………………… 93
6. List of Important Visitors to the Commission…………………………… 94
7. Sample Press Release…………………………………………………… 96
8. Samples of Press Clippings ……………………………………………… 97
9. HRCSL Budget…………………………………………………………… 98
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Executive Summary
This report, titled: “The State of Human Rights in Sierra Leone -2008” presents an account of the
extent to which the Government of Sierra Leone has satisfied its international, regional and
domestic legal obligations to respect, protect, and fulfill human rights in Sierra Leone in 2008. It
also catalogues activities accomplished by HRCSL to protect and promote human rights in the
country, as required by its statute – the Human Rights Commission of Sierra Leone Act (Act No.
9) of 2004. The report also encapsulates achievements gained and challenges faced by HRCSL in
fulfilling its mandate. The report captures the state of human rights in Sierra Leone and proffers
recommendations, which if implemented, would improve on the human rights situation in the
country.
The report is presented in four parts:
Part I of the report presents an overview of Sierra Leone as a nation and the human rights
challenges that preceded the ten year conflict which started in 1991. It briefly highlights steps
taken to bring the HRCSL into operation, the mandate, vision and mission statement of the
Commission.
Part II focuses on HRCSL’s activities. These include: responding to complaints of alleged human
rights violations, institutional capacity building including staff recruitment and training,
extending the work of HRCSL through regionalization of the work and human rights protection
and promotion.
Part III is on the “State of Human Rights in Sierra Leone.” This part of the report presents a
detailed account and analysis of how human rights have been observed or violated in Sierra
Leone over the past year.
Part IV sets out recommendations directed at various Ministries, Departments, Agencies (MDAs)
and the international community.
This report highlights significant steps taken by HRCSL to enhance its work over and above
those of 2007. The successes of the Commission include: recruitment of staff and an institutional
development advisor, establishment of regional offices in Bo, Kenema and Makeni, completion
of a 3-year strategic plan, and intensification of investigations of human rights violations. In spite
of these achievements, HRCSL continues to grapple with a number of challenges among which
include limited financial resources and staff capacity in areas of research, monitoring,
investigation and public education.
During the year under review, HRCSL finalised its Complaint, Investigations and Inquiries Rules
2008. The Rules describe procedures for handling allegations of human rights violations. The
HRCSL noted an increase in the number of complaints filed, from 40 in 2007 to 204 in 2008 that
likely resulted from HRCSL’s engagement with civil society organisations, and the public, on its
mandate and functions, through radio programmes. Complaints were received across the regions.
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Key Challenges and Recommendations
Institutional Challenges
a. Government provided salaries of Commissioners and Executive Secretary and subvention
of Le 107,725,000 (equivalent to US$35,908). However, this sum was inadequate to meet
the full operational and programme expenses of the Commission. We therefore renew our
call on the government to allocate more resources to the work of HRCSL to increase its
responsiveness to the huge human rights challenges in the country. This would signal
government’s commitment to compliance with the Paris Principles, the normative
international instrument which urges governments to provide adequate resources to
enhance the operations of national human rights institutions. The mandate to promote and
protect human rights cannot be fulfilled without adequate resources.
b. The HRCSL/United Nations Peace-Building Fund project finally ended in March, 2009.
Although HRCSL has now formulated a strategic plan for three years effective 2009. Other
than the Irish Aid grant of EU 300,000, it has not secured funding for the implementation
of the plan. HRCSL earnestly calls on the international development partners, and UN
agencies to give their full support to implement the strategic and operational plan.
c. HRCSL opened its four regional offices and assigned one staff each to manage the office.
This staff allocation to service the regional offices is inadequate and there is an urgent need
to recruit additional support staff to make the services available and accessible to
communities.
d. It has been a challenge to retain qualified staff due to the uncompetitive conditions of
service. There is need to improve incentives for staff motivation and retention.
e. HRCSL is operating from rented premises which will not be cost effective to retain after
the expiration of the current lease in June 2009. HRCSL therefore calls on government to
take urgent steps to ensure completion of the building under construction that will be
jointly occupied by HRCSL and the National Electoral Commission.
Human Rights Challenges
a. HRCSL is concerned that the Government of Sierra Leone has not taken tangible steps on
the report submitted by the Constitutional Review Committee (CRC) in the first week of
January 2008. The constitutional review process provides the opportunity for the nation to
address concerns raised in the TRC findings and recommendations on elimination of
obnoxious and discriminatory provisions in the 1991 Constitution of Sierra Leone. The
HRCSL made written submissions to the CRC highlighting human rights provisions that
should be included in the amendments to the constitution. Among these is to guarantee the
independence of HRCSL by making it a constitutional body.
b. Substantial human rights challenges in the administration of justice, conditions of prisons

and other places of detention remain critical and unaddressed.
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c. HRCSL is concerned that the Government of Sierra Leone has not ratified the Convention
on the Rights of Persons with Disabilities. Although HRCSL recognizes government’s
effort in drafting the Persons with Disability Bill, 2007, it now calls on the government to
ratify the Convention and enact without further delay the proposed national legislation.
d. Adequate protection of the rights of women including effective and efficient response to
violence against women and children continues to be elusive.
e. Sierra Leone faces enormous challenges in the fulfillment and promotion of human rights
(especially with regard to economic and social rights). Government should ensure the
availability of comprehensive health services including drugs, ambulances, medical
doctors and other health personnel in hospitals and health centers throughout the country
especially for women and children.
f. It is necessary that all stakeholders/actors cooperate towards achieving certain goals. Thus
there is a need for a comprehensive National Human Rights Action Plan which will guide
the activities of all the actors in the human rights field as well as helping in channeling
support.
g. The President should make good on his commitment to set up the TRC Follow-Up
Committee, without any further delay.
h. The Ministry of Local Government and the Decentralization Secretariat (DecSec) should
intensify the training needs of chiefs, regarding their roles and responsibilities, especially
with regards to the protection and promotion of human rights, and handling of land
disputes.
i. HRCSL is concerned about the high incidence of teenage pregnancy and high drop out
rate among school girls. Government should undertake an in-depth study of the
phenomenon of teenage pregnancy and all its implications, with the view to developing a
comprehensive policy and strategies for its eradication.
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Chairperson’s Foreword
In fulfillment of its mandate, HRCSL is pleased to present the second
annual report titled “State of Human Rights in Sierra Leone, 2008”. It
is gratifying to note that last year, the maiden edition was appreciated
all over the country and beyond.
This report catalogues strides HRCSL took in meeting its targets

identified in my previous foreword: recruitment of staff and an
institutional development advisor, establishment of regional offices in
Bo, Kenema and Makeni, completion of a 3-year strategic plan, and intensification of
investigations of human rights violations. The report also highlights HRCSL’s implementation of
a number of activities for the promotion and protection of human rights, in collaboration with
civil society organizations, international and local Non-Governmental Organizations, the media,
U.N Agencies, government, and other national institutions.
Of great significance in the report is the section on the state of human rights in Sierra Leone. For
this section, HRCSL engaged civil society organizations in consultative workshops from all the
four regions to elicit information, data or reports from them on the human rights situation in the
country. These data and reports, in addition to those gathered by HRCSL itself, were analysed
and recommendations made for future action by the government. Government is urged to
implement the recommendations in this report by concrete action, to improve the enjoyment of
human rights, consolidate peace, good governance, and democracy in post-conflict Sierra Leone.
HRCSL hopes that the contents of the report will stimulate an informed public debate whose
outcome will benefit government policies and programmes.
HRCSL continues to grapple with logistical challenges in sustaining the Commission’s activities,
especially now that the UN Peace Building fund (PBF) has expired. Irish Aid’s support to
HRCSL is a step in the right direction, but we call on Government, the U.N., donor agencies to
increase their support to the Commission.
Following the rotational agreement of Commissioners for the positions of Chair and Vice Chair,
and the elections held at the end of December 2008, Commissioners Edward Sam and Yasmin
Jusu-Sheriff were duly elected to serve in the respective offices. I wish to take this opportunity to
congratulate them both and pledge my support, as I continue to serve as a Commissioner in this
noble institution. I also wish to sincerely thank all Commissioners, the Executive Secretary,
other members of staff, and our partners who contributed in various ways to the work of HRCSL
for the period under review, and the production of this report.
Jamesina King (Mrs)

Chairperson
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Executive Secretary’s Review
The institutional and human resource capacity building of HRCSL progressed

satisfactorily in 2008, although these strides were not without challenges.
However, the zeal and vigor with which the challenges were surmounted,
were not only gratifying, but also underscored the general sense of purpose
and commitment by commissioners and staff to the work of HRCSL. The
experiences gained, lessons learned, and difficult moments endured have all
contributed to shape our thoughts and actions for the promotion and
protection of human rights in Sierra Leone.
It is worthy to note that in 2008, HRCSL strategically repositioned itself to better respond to the
critical human rights situations in Sierra Leone. To this end, recruitment of the full complement of
staff of 29 under the HRCSL/UNPBF project was completed; priority thematic human rights issues
were identified, and guided the work of the Commission; regional offices in Makeni, Bo and Kenema
were rented and equipped with the view to making HRCSL’s services more accessible; the three year
strategic and operational plan, effective 2009 were finalized and adopted, and an Institutional
Development Advisor in the person of Mr. Aliro Omara, a former commissioner of the Ugandan
Human Rights Commission was contracted to provide expert technical support to HRCSL. These
achievements among others, signified a marked increase in the operations, outreach, financial and
human resource management of HRCSL over 2007. However, the uncompetitive conditions of
service for staff remained a key challenge in 2008, and HRCSL lost a number of its staff due to the
low remuneration. In spite of this, we demonstrated our commitment to build the capacity of
commissioners and staff who were supported to participate in a number of training events locally as
well as in international seminars and training programmes in Sweden, Switzerland, Cambodia,
Ghana, Egypt, Kenya, and Togo.
Due to increased staff capacity, the utilization of the HRCSL/UNPBF project funds approved in 2007
was optimized in 2008. HRCSL increased interaction with civil society organizations, conducted
national training workshops for traditional leaders on human rights, and undertook a number of
human rights education programmes throughout the country. The procurement of office furniture and
equipment, vehicles and motorbikes all contributed to the institutional development of HRCSL. As
the project ends in early 2009, we earnestly call on the government of Sierra Leone, international
development partners, and UN agencies to give their full support to our strategic and operational
plan.
In our eventful journey of 2008, we would like to thank the government of Sierra Leone and partners,
particularly UNDP and UNIPSIL, for their support. The government of Sierra Leone paid the
minimal operational costs of the Commission, and the salaries of Commissioners and Executive
Secretary. Furthermore, it has committed itself to pay salaries and allowances of staff, after the
expiration of the HRCSL/UNPBF project. We renew our call on the government to increase its
support to HRCSL, as required by the Paris Principles, the normative international instrument which
guides the operations of National Human Rights Institutions. The Herculean task of the promotion
and protection of human rights cannot be accomplished without adequate resources, and without the
commitment of all. This is the challenge that is before us all now.
Abraham John
Executive Secretary
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Commissioners
Jamesina King – Chairperson

Jamesina King is a lawyer and women’s rights advocate with a post
graduate degree from Georgetown University Law Centre. She is also a
LAWA Fellow of the Women’s Law and Public Policy Fellowship and
a former associate in a private law firm in Freetown. She has
considerable experience in the promotion and protection of human
rights in Sierra Leone. She is a founding member and past president of
Legal Access through Women Yearning for Equality Rights and Social
Justice (LAWYERS) – an organization of female lawyers in Sierra
Leone dedicated to enhancing women’s access to justice. The election of Jamesina King as
Chairperson brings to the HRCSL astute leadership and good judgment with a strong passion for
human rights issues. Over the years, she has built a reputation on the national and international
scene for direct and forthrightness in her challenge of human rights violations – a quality which
the HRCSL would require to achieve the level of success aspired to.
Edward Sam – Vice Chairperson

Edward Sam was a former Commissioner in the now separated
National Commission for Democracy and Human Rights (NCDHR) in
Sierra Leone where he was focal person for human rights, civil society
and media relations. He is a holder of a Master of Arts degree in Adult
Education from the University of Ghana and a Diploma in Transitional
Justice from the Institute of Justice and Reconciliation in South Africa.
Edward Sam has vast experience in human rights, transitional justice
and conflict management. Of particular significance to the work of the
HRCSL, is his expertise in various capacity building and awareness raising methodologies as
well as the production of Information, Education and Communication materials.
Yasmin Jusu -Sheriff – Commissioner

Recognized as a human rights and gender activist, Yasmin Jusu-Sheriff
is a lawyer and human rights advocate with post graduate degree in
Human Rights Law from London University, U.K. Her experience cuts
across both national and regional initiatives geared towards promoting
fundamental freedoms and gender equality. Her contribution to peace
building and women’s empowerment include among others service as
Executive Secretary, Truth and Reconciliation Commission of Sierra
Leone, Sub-regional President and head of Sierra Leone Chapter,
Mano River Women’s Peace Network (MARWOPNET) and Coordinator, Network for the
Promotion of African Principles of Conflict Resolution and Reconciliation (REPARCOR). She
brought to the HRCSL strong organizing and facilitation skills as well as a deep knowledge of
national and international human rights and gender issues.
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Joseph F. Stanley – Commissioner

Joseph Stanley is a lawyer and holds a Master of Arts Degree from the
University of Exeter, UK. He is a retired Inspector General of the Sierra
Leone Police. He also worked for several years as volunteer advice worker
at the Citizens Advice Bureau in the UK where after several training
courses and conferences on human rights, was transformed into an ardent
human rights advocate. He has a wealth of experience gained in assisting
and enabling people of all types and ages to sort out a variety of problems
endemic to those who are aged, unemployed, disadvantage and poor. This
experience, in addition to that gained in the police service, makes him an
invaluable member of the HRCSL.
Moses Khanu – Commissioner

Moses Khanu is a cleric of the Baptist Convention. He holds Post
Graduate Diplomas from the Academy of Missions, Hamburg,
Germany and the Ecumenical Institute, Geneva. He is also a candidate
for an M.Phil Degree of the University of Sierra Leone. His illustrious
career which spans over 30 years has taken him to the presidency of
both the Council of Churches in Sierra Leone (CCSL) and the
Evangelical Fellowship Sierra Leone (EFSL), the General Secretary of
the Baptist Convention in Sierra Leone, and Co-Chairman of the Inter-
Religious Council of Sierra Leone. He brings to the HRCSL his skills
in mediation, having participated in the Lomé Peace negotiations, and an in depth knowledge of
the diverse religions in Sierra Leone which are required capacities to foster reconciliation, inter-
faith dialogue and co-operation.
Abraham John – Executive Secretary

Abraham John is the Executive Secretary of the HRCSL. He holds an MA
in Peace and Development Studies and an M.Phil. in Political Science. He
is one of the founding members of the National Forum for Human Rights,
an umbrella organisation of Human Rights Defenders in Sierra Leone.
Abraham has written and presented papers on elections, civil society, and
corruption. His latest paper on corruption, poverty and social inequality in
the Mano River Union states was presented in a conference hosted by the
United Nations Economic Commission on Africa (UNECA) in 2008, in
Addis Ababa, Ethiopia.
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Part I: Background and Historical Context

1.1 Context
The Republic of Sierra Leone covers an area of 71,927 sq. km, on the west coast of Africa,
bordered on the north west and the north east by the Republic of Guinea, on the south east by the
Republic of Liberia, and on the west by the Atlantic Ocean. It consists of a hilly western
peninsula, and a hinterland rich in diverse natural resources, including agricultural and mineral
resources. Because of its extended coastline, lush scenery and tropical climate which is some
250 miles long. The country has great potential to become an attractive tourist haven. In 1808,
Freetown, the capital of Sierra Leone, became a British Crown Colony, and in 1896, the interior
of the country became a British Protectorate. The country gained independence from the British
in 1961.
According to the 2004 census results, the country has 18 ethnic groups and a population of
4,976,871 (With an annual growth rate of 1.8%), 60% of which are Muslims, 30% Christians,
and 10% practice indigenous religions. Sierra Leone ranked lowest on the UNDP Human
Development index (2007/2008). The country conducted presidential and parliamentary
elections in 2007, and local government elections in 2008. In spite of few isolated cases of
violence, these were internationally acknowledged as credible and peaceful. The outcome of
such elections has marked a smooth democratic transition from one government to the other.
Even before the commencement of the civil war in 1991, the country experienced serious and
gross human rights violations. Sierra Leoneans had been stripped of their basic rights and
dignity; free political expression and the rule of law were elusive, the citizens were deprived of
their rights to a fair trial, there was a dearth of educational opportunities for the young, and a host
of other ills plagued the nation. In short, bad governance, endemic corruption, and the denial of
human rights, coupled with their attendant consequences, provided the perfect recipe for serious
conflict - the country was on the brink of violence, and the nation then plunged into 11 years of
war, during which an estimated 50,000 people were killed, and over one million displaced or
forced to leave the country as refugees.
The unprecedented brutality of the Sierra Leone war was a manifestation of the denial of Sierra
Leoneans of their human dignity; this then was a clear justification for the need for building a
human rights culture in country. The establishment of the Human Rights Commission of Sierra
Leone (the HRCSL) was provided for in the Lome Peace Agreement of 1999, and was also
recommended in the 2004 Truth and Reconciliation Commission (TRC) report. The Commission
was finally established by an Act of Parliament (Act. No. 9) to protect and promote human rights
in Sierra Leone. It was in December 2006 when the Commissioners were sworn into office. The
Commission is a National Human Rights Institution that fulfils the standards set by the UN Paris
Principles governing such institutions.
The Commissioners, five in number, were appointed through a transparent and participatory
process that commenced in 2005 with a call for applications for the post of Commissioner. Short
listed applicants were interviewed by a selection panel comprising 6 representatives of civil
society interest groups, and 1 representative of the government. The Selection Panel submitted a
list of 7 candidates to the President, who then selected 5 nominees whose names were gazetted
13
for public scrutiny and review. In October 2006, the 5 nominees were approved by Parliament,
and thereafter took an Oath of Office before the President, on 11th December, 2006.
As required by law, the Commission is to submit an annual report of its work to the President
and the Parliament, entitled “The State of Human Rights in Sierra Leone”, detailing the ways in
which the fundamental rights and freedoms contained in the Constitution, and in the International
and Regional Agreements to which Sierra Leone is a party, have been observed or violated. It
should also contain the steps taken by the HRCSL to promote respect, protect and fulfill human
rights, including results of individual complaints investigated, interventions, and
recommendations made by the HRCSL.
1.2 Bringing The Commission into Operation

Right at the beginning, the Commissioners decided to adopt an innovative approach by electing
their Chair and Vice-Chair to serve for a maximum period of two years, before the offices are
rotated. They then went on to recruit an Executive Secretary as a priority, before setting out to
rent permanent offices, and acquiring furniture and equipment. On 10th December, 2007
(International Human Rights Day), the official opening ceremony of the HRCSL’s offices at 37,
Wellington Street, was graced by the Vice-President of Sierra Leone, Chief Sam Sumana, and
other dignitaries. Since then, the government has decided that the HRCSL is to occupy a portion
of the proposed office building for the National Electoral Commission at Tower Hill, the
construction of which commenced in May 2007, still ongoing, but expected to be completed
soon.
In its first year, HRCSL took steps to access government

allocation for the HRCSL, opened bank accounts, and
engaged the Parliament and the Executive to settle the
outstanding issues of emoluments for commission members
and staff. Commissioners prepared project proposals and
work plans, developed a staff organogram identifying the
various staff positions required, and set out detailed job
descriptions and eligibility criteria for applicants.
In 2007, the Commission received subvention from the

Government of Sierra Leone (GOSL), amounting to
Le76,500,000.00, and was allocated a grant from the
UNDP DGTTF to the tune of US$175,000. The amount of
US$ 1,522, 055.70 was approved by the UN Peace Building
Fund, and was administered by the UNDP in a one year
project (commencing July 2007), as catalytic funding to
facilitate the establishment and the functioning of the
Commission.
Figure 1. The headquarters of the
HRCSL at Wellington Street. The Commission became fully operational in 2008 (the
year under review), with government subvention increased
to Le 133,000,000, (of which only Le 107,000,000 was actually received) and was used for core
operational support. The HRCSL conducted its programs, mostly with the monies received from
the UN PBF. Additional staff were hired, and three regional offices rented and furnished.
14
1.3 Vision, Mission and Core Values
Vision: A Sierra Leone where a culture of human rights prevails and the people respect the rule
of law and live in peace and dignity.
Mission: The Human Rights Commission of Sierra Leone exists to take the lead role in building
a culture of human rights (including respect for individual responsibilities) which maintains
human dignity for all in Sierra Leone in full compliance with the Constitution, laws, international
and regional instruments through effective partnership and collaboration.
Core Values
As an Independent Human Rights Institution, the HRCSL is committed to upholding these core
values:
Professionalism encompassing discipline, competence, dependability,

integrity, expertise, team spirit, tactfulness
Service with humility
Independence including fairness, objectivity, impartiality
Inclusiveness ensuring diversity
Accessibility covering empathy, tolerance, understanding
Accountability embracing honesty
Collaboration
1.4 Mandate of the HRCSL

Section 7 of the Human Rights Commission Act of 2004 1 stipulates that the main objective for
the establishment of the HRCSL is to promote and protect human rights in Sierra Leone, and
states the following as the functions of the Commission:
Investigate or inquire into complaints of human rights violations;

Promote the respect for human rights through public awareness & education programs;
Publish guidelines, manuals & other materials explaining the human rights obligations of
public officials and others;
1 See appendix to this report
15
Cooperate with institutions including public interest bodies, Non Governmental

Organisations (NGOs) and international organizations, working in the field of human
rights;
Review existing legislation & advise the government concerning its compliance with
international obligations;
Monitor draft legislation, policies, programs and administrative practices to ensure

human rights compliance;
Advise & support government in the preparation of reports under international human
rights instruments or treaties;
Monitor and document violations of human rights in Sierra Leone;
Publish an annual report on the State of Human Rights in Sierra Leone;
Independence
Section 14 of the Act guarantees the independence of the HRCSL, and states that the HRCSL is
independent, and shall not be subject to the control or direction of any person, authority, or
government, even if such person, authority, or government, provides financial or material
support to the Commission.
Jurisdiction
Under Sections 1 and 7 of the Act, the HRCSL has the mandate to address all rights guaranteed
by the Constitution, or embodied in all international agreements to which Sierra Leone is a party.
However, Section 16 of the Act stipulates that HRCSL cannot investigate any matter pending, or
already decided by a court of competent jurisdiction or any human rights violation that occurred
before 26th August 2004.
Relationship with the Courts

The HRCSL is not a substitute for the courts. It can refer to the High Court for contempt any
person who refuses, without justifiable cause, to comply with a decision, direction, or order
within a specified time. Any person aggrieved by any decision of the HRCSL may appeal to the
Supreme Court. The HRCSL has power to intervene in legal proceedings involving any human
rights issue by issuing amicus curiae briefs.
16
Funding
The activities of the HRCSL are financed by moneys appropriated by Parliament, and by gifts,
grants, or donations from any person or authority, provided that such donations are not likely to
compromise the independence of the HRCSL.
Powers of the HRCSL

Section 8 of the Act provides powers to enable the Commission to effectively carry out its
functions including making rules of procedure for the conduct of its investigations. For the
purposes of any investigation, the HRCSL shall have such powers, rights and privileges as are
vested in the High Court or a judge in a trial to:
enforce the attendance of witnesses and examining them on oath,

compel the production of documents,
issue a commission or request to examine witnesses abroad.
The HRCSL also has the power to issue or make orders or directions to enforce its decisions,
including measures to protect the life and safety of an individual and free medical treatment
where necessary. It has powers to recommend:
payment of compensation to victims of human rights violations, their families or legal

representatives,
provision of financial assistance, including legal aid to indigent citizens who are
victims of human rights violations,
release of any person unlawfully detained or restricted.
The HRCSL has access to all government offices, facilities, and places of detention, including
prisons, police cells, remand homes and probation facilities (when they are established) as well
as to any non-classified information in government documents.
17
Part 2: Activities of the Commission

2.1 Responding to Complaints
As a result of its human rights education programmes, the complaints handling function is one of
the best known aspects of HRCSL’s work and 2008 saw an increase in complaints filed and
handled.
Complaints handling policies and procedures were finalised and put in place, with
Commissioners and staff receiving appropriate training to implement this function. HRCSL also
provided technical support and advice to complainants, including referrals to the appropriate
institutions to handle the complaints, and monitored their progress.
The mysterious death of 18-year old Alima Sheriff Kamara, in Kenema, on 23rd October, 2007,
and widespread suspicion over the handling of its investigation by the police, sparked off public
protests and disturbances in both Freetown and Kenema, against the Lebanese community, one
of whose nationals was suspected of involvement in the tragedy.
In response to complaints from concerned citizens in Kenema and the parents of the deceased, as
well as the public unrest, HRCSL conducted an initial preliminary investigation, findings of
which were publicized along with an appeal for restraint by the public.
At the close of the inquest, the finding was that the girl had died from natural causes, an outcome
that was accepted by all concerned.
2.2 Capacity Building of HRCSL
• Staff recruitment
The main capacity building priority of the HRCSL in 2008 was recruitment of staff, which was
made possible through the UN PBF project. Over 800 applications were received and processed
by a Management Consultant hired by the HRCSL. The interview process was undertaken by
HRCSL, in collaboration with representatives from UNIOSIL, UNDP, NEC, the PSC, the
SLRTC, and ICASL. Twenty nine professional and support staff were employed in February,
April, and June 2008 (a list of staff members recruited is set out in appendix 2). Unfortunately,
HRCSL was unable, for a number of reasons, to retain all the staff recruited, five of whom have
left HRCSL. Resources from the HRCSL/UN PBF project were utilized to provide the new staff
with necessary equipment and logistics to carry out their work.
• Training
HRCSL’s new staff were immediately provided with five days induction training, conducted by
Commissioners and local partners, at HRCSL headquarters. This was reinforced by a further
one-week training organized in collaboration with UNIOSIL and UNDP. During the course of
the year, Commissioners and staff were further exposed to a number of training / capacity
building sessions on: Treaty Body Reporting by UNIOSIL, GoSL and HRCSL, Monitoring and
Investigations by Amnesty International, Domesticating International Human Rights Treaties by
Justice Bankole Thompson, Human Rights Approach to Detention Management by Prison Watch
18
in collaboration with HRCSL. The Legacy Project of the Special Court for Sierra Leone also
provided trained a number of staff with training on Investigation and Records Management.
Towards the end of the year, all HRCSL staff

underwent a comprehensive training on the new
HRCSL rules and procedures for handling
complaints, conducted by the IDA, as well as a
three-day management training for Commissioners
and staff.
• International Training
Two Commissioners and three members of staff benefited from international training
programmes in Sweden, Egypt, Ghana and the U.K, on various human rights disciplines
organized by SIDA, Government of Egypt, Kofi Annan International Peacekeeping Training
Centre, and the U.K Foreign and Commonwealth Office, respectively.
• Conferences
Participation by HRCSL’s Commissioners and staff at a number of national and international
conferences also contributed to capacity building. Themes addressed included: review of
national legislation and the model law on HIV / AIDS; Access to justice; Optional Protocol to
the Convention of Torture; Access and right to land, reparations, slavery and racism, women’s
rights, and addressing national disability issues.
2.2.1 HRCSL’s Administration and Finances
In the year under review, HRCSL operated in a dynamic and challenging environment that
necessitated review of the organogram and re-deployment of staff to ensure efficient use of
limited human and financial resources. HRCSL’s institutional capacity was further strengthened
by the development and adoption of a number of policies on human resources, finance, transport,
internship, and codes of conduct for Commissioners and staff, to guide its operations.
A year-long participatory process culminated in the production of a three-year strategic plan that
sets out strategic goals, objectives and activities, as well as detailed work plans and budgets.
HRCSL/UN PBF project resources were utilized to recruit one Institutional Development
Advisor (IDA).
During the course of the year, funding for HRCSL programmes remained a challenge, as only Le
107,725,000 of the 2008 government subvention was actually received, which barely covered
minimum operational costs.
19
Unfortunately, none of the several funding proposals submitted by HRCSL to development

partners was supported in 2008. The majority of HRCSL’s programmatic activities for 2008
were simply implementation of the one-off UN PBF catalytic funding granted in 2007.
The Irish Aid provided 300, 000 Euros, through UNDP, for HRCSL. This was initially
understood to be seed money for the establishment of a ‘basket fund’ for HRCSL, and remained
unutilized, while the Strategic Planning process was ongoing. HRCSL plans to make effective
use of this money in 2009, in accordance with its strategic plan.
During HRCSL’s visits to diplomatic missions, it received a donation of Le150,000.00 (one

hundred and fifty thousand Leones) from the Egyptian Ambassador. This amount was utilized to
purchase fuel for HRCSL’s headquarters’ generator.
2.2.2 Regionalization
In fulfillment of its statutory obligation set out in Section 20 of the HRCSL Act 2004, HRCSL
took steps to establish in each of the three provincial headquarter towns and the Western Area,
offices that would deliver HRCSL’s services to the communities.
HRCSL, with the assistance of its IDA, developed a Regionalization Policy. Four human rights
officers were assigned to the regional offices located at 1 Old Railway Line, Bo, 30A Wallace
Johnson Street, Makeni, 69 Blama Road, Kenema, and 37 Wellington Street, Freetown.
During the course of the year, furniture and equipment were transferred to the various locations,
and the regional human rights officers periodically carried out their duties in the regions, and
established contact with the District Human Rights Committees, other civil society
organizations, and community-based groups. February 2009 saw permanent deployment of
regional human rights officers to their areas of responsibility, and the official opening of the
regional offices.
To ensure the proper functioning of the regional offices, HRCSL has embarked on a process of
recruiting additional staff by advertising vacancies in local newspapers and on radio. The
regional human rights officers continue to receive training that is intended to make them
effective in serving their communities and managing the regional offices, which HRCSL
considers vital to the fulfillment of its mandate.
2.3 Working with the Government of Sierra Leone
Building on the practice of the previous year, HRCSL, paid a working visit to His Excellency the
President of the Republic of Sierra Leone, on 17th October 2008, on specific issues:
• Non-establishment of the TRC Follow-Up Committee by the Government of Sierra
Leone.
• Review of the NaCSA led Reparations Programme for victims of the armed conflict.
• Human rights dimensions of the alleged ‘cocaine trafficking’ incident
• Situation of women, namely women’s safety and security issues
• Sustainability of HRCSL after the completion of the HRCSL/UN PBF project.
• Need for the adoption of the human rights-based approach to economic development.
• Government’s participation in International Human Rights Day celebrations nationwide.
20
In response, H.E. scheduled and chaired a subsequent meeting on 14th November, at which all
relevant Ministers and Heads of MDAs participated in an open and frank interactive session with
HRCSL, during which a number of recommendations and decisions were taken in order to
address the issues HRCSL had raised (for the text of the Chair’s statement, see appendix 3).
HRCSL continued to enjoy co-operation and support from the Ministry of Finance and
Economic Development, particularly in relation to the ministry’s active participation in the
implementation of the HRCSL/UN PBF project. However, although the Budget Oversight
Committee recommended a substantial increase in HRCSL’s subvention from the government
for 2009, the final figure allocated by the Ministry of Finance was much lower, and hardly
covered the core operational costs of HRCSL.
HRCSL collaborated with the following government Ministries, Departments and Agencies on
several human rights issues: Ministry of Social Welfare, Gender and Children’s Affairs
(MSWCGA), Attorney General and Ministry of Justice, Justice Sector Coordinating Office
(JSCO), Ministry of Foreign Affairs and International Cooperation, Guma Valley Water
Company, Ministry of Internal Affairs, Prisons Department, the Family Support Unit (FSU) of
the Sierra Leone Police, and the Fire Force.
2.4. Strategic Interactions
• Engagement with Parliament

In early 2008, Commissioners and the Executive Secretary appeared before the Finance
Committee of Parliament to defend the allocation made by the Government of Sierra Leone to
HRCSL, and to provide further details on the utilization of funds under the HRCSL/UN PBF
project.
In May, the Chairperson of the Parliamentary Committee on Human Rights, Hon. Elizabeth A.
Lavalie, joined HRCSL and partners at a meeting in Bo, to draft its strategic plan.
In compliance with HRCSL the maiden ‘State of Human Rights in Sierra Leone, 2007’ report,
was presented to the Speaker of Parliament, and printed copies distributed to all
Parliamentarians. Parliament was unable to debate HRCSL’s annual report in 2008, due to the
crowded parliamentary calendar.
HRCSL facilitated a session of the seminar on ‘Transitional Justice and Peace building’
organized in Parliament by ICTJ and SLCMP, to sensitize Parliamentarians on the UN Peace
Building Commission, and on substantive transitional justice issues in the Cooperation
Framework.
HRCSL also made a presentation during a one-day seminar on the AU Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Women, organized by Network of
Women Ministers and Parliamentarians (NEWMAP) for MPs. Similarly, HRCSL acted as
resource person during Society for Democratic Initiatives’ workshop on ‘Freedom of
Information’ for Members of Parliament in June.
21
• Engagement with Other Commissions

HRCSL’s interaction with sister commissions resulted in successful collaboration on a
number of activities:
; Independent Media Commission (IMC) – developed competition guidelines for selecting
the best published human rights entries, and participated in the selection process for the
annual IMC - Zain Media Awards ceremony for excellence in reporting.
; National Commission for Social Action (NaCSA) – HRCSL presented the report of the
National Consultative Conference on the Status of Implementation of TRC
Recommendations to the Commissioner of NaCSA, and also discussed progress in the
implementation of the Reparations Programme;
; National Electoral Commission (NEC) - HRCSL’s Commissioners and staff participated

in meetings and discussions on proposed collaborative activities and NEC-led retreat to
develop programme funding proposals for 2009- 2010.
; National Commission For Democracy (NCD) – participated in NCD’s television

programme on the TRC recommendations, and the NCD ‘Moral Guarantors Initiative’;
; Anti Corruption Commission (ACC) – joint nationwide celebrations of 2008 ‘World

Anti-corruption Day’ and ‘International Human Rights Day’. HRCSL also facilitated a
session on human rights training in the investigation of anti-corruption cases. HRCSL
also chaired the launching of the Anti-Corruption Strategy document.
• Collaboration with Civil Society Organisations

During 2008, HRCSL responded positively to invitations from a variety of CSOs (almost all
Freetown-based), to take part in their activities such as radio programmes, acting as trainers and
resource persons, and providing IEC materials (appendix4 lists the CSOs that requested
HRCSL’s participation in their programmes). At the same time, CSOs across the country took
part in, supported, and even co-organised HRCSL’s public education and training activities.
HRCSL was particularly appreciative of CSOs’ input in the strategic planning process, the
HRCSL/UN PBF project mid-term review, and various other consultations.
Partners from UNIOSIL and CSOs Working Together with Commissioners and staff at the Strategic Planning
Meeting in Bo
22
• Collaboration with Other Partners

The 2007 collaboration between HRCSL and the International Rescue Committee (the IRC), an
international non-governmental organization, continued with joint action, along with the
MSWGCA and other stakeholders to develop a roll-out plan for the implementation of the
‘Gender Justice Laws’. This partnership was consolidated in June 2008, by the signing of a
Memorandum of Understanding, whereby an international intern, recruited by the IRC, would
work alongside HRCSL’s Women & Children’s Officer, to develop and eventually implement a
detailed framework and tools for monitoring the implementation of the three ‘Gender Justice’
statutes passed in 2007.
HRCSL signed an MoU with the Justice Sector Development Programme (JSDP) to develop a
training manual for Local Courts on human rights, local court procedures, and records
management. This initiative was taken in a bid to address the widespread allegations of human
rights abuses in the administration of justice in the local courts.
HRCSL intends to expand collaboration and networking with national and international CSOs
through participation in conferences, workshops and joint implementation of programmes.
• Strategic Interaction with NHRIs

In its drive to build effective partnerships and learn through experience sharing, HRCSL
participated in the ninth international conference of National Human Rights Institutions (NHRIs)
held in Nairobi, Kenya in October 2008, on the theme ‘National Human Rights Institutions and
the Administration of Justice’, and other related side meetings. Commissioners and staff
members of HRCSL attended various regional and sub-regional meetings aimed at building
networks and increasing the effectiveness of NHRIs in both West Africa and across the
continent, organized by Network of African National Human Rights Institutions (NANHRI),
ECOWAS Commission and Open Society Initiative of West Africa (OSIWA), respectively.
HRCSL honored an invitation from the Scottish Human Rights Commission and visited its
offices in Glasgow.
As part of HRCSL’s contribution towards the establishment of a national human rights

institution in Liberia, an HRCSL Commissioner made a presentation in Liberia, on ‘The
Establishment of the Human Rights Commission in Sierra Leone: Challenges and the Role of
Civil Society’, to key stakeholders at a conference organized by ICTJ (Liberia).
• Technical Cooperation
UNIOSIL (later known as UNIPSIL) and UNDP continued to provide support to almost every
aspect of the work of HRCSL. Of particular significance was their participation in the ‘tripartite
mechanism’ and Steering Committee for the implementation of the HRCSL /UN PBF project.
Throughout the year, UNIOSIL worked with HRCSL and UNDP to refine and strengthen the
tripartite mechanism. One concrete outcome of the co-operation with UNIOSIL / UNDP was the
successful mid-term review of HRCSL / UN PBF project in March 2008, which brought together
GoSL, the UN country team, international community representatives, and national and
international CSOs.
23
Commissioner Lawrence Mute, together with James Mwanga of the Kenya National
Commission for Human Rights (KNCHR), contributed substantially to the HRCSL strategic
planning process by co-facilitating the Strategic Planning workshop held in Bo.
UNICEF Sierra Leone supported a member of HRCSL to attend the presentation of the Sierra
Leone Country Report to the 48th Plenary Session of the UN Committee on the Rights of the
Child.
The current ERSG and Head of the UN country team, Michael von der Schulenburg, visited
HRCSL’s headquarters in July and held substantive discussions with Commissioners and staff on
the human rights situation in Sierra Leone. The German Ambassador, EC delegation, staff and
students from the Centre for Human Rights, University of Pretoria, as well as officials of the
American Embassy were also important visitors to HRCSL in 2008. HRCSL also had a working
lunch with representatives of the EU countries in Sierra Leone and had meetings with the
Country Representative of Irish Aid, Grainne O’Neal.
UNICEF Sierra Leone supported a member of HRCSL to attend the presentation of the Sierra
Leone Country Report to the 48th Plenary Session of the UN Committee on the Rights of the
Child.
• Media Relations
Recognizing the role of the media in the protection and promotion of human rights, HRCSL
visited several media houses, in order to establish a working relationship with them. As a result,
HRCSL’s activities, public education programmes, press conferences and releases were
extensively covered in the print and electronic media, thereby raising HRCSL’s visibility
nationwide. HRCSL has contributed substantially, and on a regular basis, to “Focus on Human
Rights Nar Salone”, a popular human rights education programme broadcast weekly on Radio
Mount Aureol, 107.3 FM. In addition to the airtime provided to HRCSL by Cotton Tree News
(CTN), for topical human rights issues, HRCSL Commissioners and staff were regular guest
panelists on the ‘Insai Salone’ program.
HRCSL officers on “Focus on Human Rights Nar

Commissioners addressing the press at a press conference Salone” radio program.
24
2.5 Publication and Dissemination of “The State of Human Rights in Sierra Leone”
2007 Report
In fulfillment of its statutory mandate set out in Section 24 of the HRCSL Act No. 9 of 2004, one
of the major accomplishments of HRCSL in 2008, was the production of its maiden annual ‘State
of Human Rights’ 2007 report. The report writing process involved analysis of information
collected by HRCSL in its first year of operations, and was challenging because it required
extensive research data that was not easily accessible or even available.
On 26th June 2008, HRCSL presented this maiden report to the President and the Speaker of
Parliament. In receiving the report, the President assured HRCSL that his government attached:
“… great importance to this Commission and whatever it takes from us as a government

to guarantee its success we will do…we believe we would do what we should to sustain
the success story that you have already started.”
The report was subsequently launched in all four regions and made available to the general
public in August 2008. The ceremonies attracted representatives from government, other MDAs,
civil society, the international community and ordinary citizens from all walks of life.
Copies and excerpts from the report were widely disseminated. A few copies of the report were
also published in Braille.
Launching of the State of Human Rights in Sierra Leone, 2007 report
Cross section of audience at Kroo Bay Minister of Presidential Affairs about to launch SOHR at Kroo Bay
25
The launching ceremony in Moyamba
2.6 Celebration of International Human Rights Day

Activities ranging from public debates, drama performances, vigils, radio discussion
programmes, town hall meetings, to march pasts in some of the remoter parts of the country, and
in the capital city, Freetown, were undertaken to celebrate International Human Rights Day (10th
December). This date also marked the second anniversary of HRCSL’s operations. HRCSL
Commissioners and staff were all fully involved in these celebrations, the objectives were to:
• Publicize the HRCSL and its work around the country and encourage public participation
in the work of, and collaboration with, HRCSL.
• Initiate and stimulate public debate on the human rights issues raised by the themes of the
celebration.
• Undertake public education on human rights and anti-corruption issues.
• Strengthen collaboration and partnership with the UN Country team, ACC, civil society
and other HRCSL partners around the country and so build HRCSL’s capacity to respond
to human rights issues.
• Visit and introduce HRCSL in areas that HRCSL had not visited before and to reach out
to marginalized communities.
• Identify new possible partners for HRCSL and new avenues for possible interventions by
HRCSL.
• Collect information on the human rights situation in various locations for possible
inclusion in HRCSL’s annual report and for use in future programs and campaigns.
Joint activities organised by HRCSL with ACC, the UN Country team and civil society
organizations were enthusiastically supported in communities in which they were held.
HRCSL and ACC celebrations focused on the theme: “How Corruption Affects the Enjoyment
of Human Rights in Sierra Leone” for activities on 9th December (World Anti-Corruption Day)
and 10th December at various locations in all four regions (Fintonia in Thambaka Chiefdom,
Bombali District and in Bonthe Island where Minister Alimamy P. Koroma deputized H.E the
President. Celebrations were also held in the southern region, Koidu town in Kono District, and
Freetown).
26
A march past procession by students
HRCSL also collaborated with the UN Country team and civil society organizations in various
activities in the Western Area, commemorating 60 years of the Universal Declaration of Human
Rights (UDHR), with the theme “Dignity and Justice for All of Us” on 10th December. The
celebration in Freetown with the UN Country Team and civil society organizations was capped
by a full program in the halls of Parliament, attended by top government officials and members
of the diplomatic corps.
International Human Rights Day Celebration Persons with Disabilities at Int. H/Rights Day Celebrations
School Quiz Competition – teachers from at the House of Parliament.
participating schools in the East receiving prizes.
2.7 Regional Training of Traditional Leaders on Human Rights
In July, HRCSL organized four two-day ‘Training of Trainers’ workshops for traditional leaders
in Bo, Kenema, Makeni and Freetown, with over 30 participants at each workshop. These
workshops attracted senior police officers, district councilors, and civil society representatives,
as well as paramount chiefs and chiefdom speakers.
The objectives of the training were to build the capacity of traditional leaders to use human
rights-based approaches in dealing with their subjects; to build partnership between HRCSL and
the traditional leaders for effective service delivery by HRCSL at the chiefdom level. It was
hoped that these leaders would replicate the training to key leaders on human rights-related
issues. Topics covered included: the Sierra Leone human rights architecture, role and mandate of
the HRCSL, and women and children’s rights.
27
Training of Traditional Leaders
The Regional Officer, East facilitating a session Participants in Makeni receiving certificates
2.8 Workshop for Stakeholders on the Contents of the Child Rights Act
and Gender Justice Laws, and Monitoring of their Implementation.
In October, HRCSL, with technical support from UNIOSIL, organized a two-day training for
human rights defenders on the contents of the ‘Gender Justice’ laws and Child Rights Act and
monitoring their implementation. The training attracted members of civil society organizations
whose mandate focus on the welfare of women and children, and members of the Human Rights
Committees in the 14 districts in the country.
The training was geared towards:
• Building the capacity of CSOs for joint monitoring and reporting on the ‘Gender Justice’
and Child Rights Acts.
• Developing collaboration with CSOs as focal points in human rights monitoring and
reporting, especially at district levels
• Understanding the operations and mandate of HRCSL for collaborative monitoring of
human rights in Sierra Leone.
Most of the presentations were done by staff of
HRCSL, with a few done by a staff member from
UNIOSIL. During the training, participants were
given copies of all the “Gender Justice” laws, and
the Child Rights Act.
Participant and HRCSL facilitator during

training
2.9 Support to the Implementation of the TRC Recommendations
Although not formally appointed to serve in this role, HRCSL has, since its inception, played the
role of the Follow-Up Committee for implementation of the TRC recommendations, and has
been working assiduously, engaging government and civil society to ensure implementation. In
28
June, the Commission recruited a Truth and Reconciliation Liaison Officer whose
responsibilities include working closely with government ministries, departments, and agencies,
in monitoring implementation of the TRC recommendations.
One outcome of the Consultative Conference held in November 2007 was that the conference
report and UNIOSIL’s matrix on the Status of Implementation of the TRC recommendations
should be presented to the President, which was done in August 2008. In making the
presentation, HRCSL expressed concern that a good number of the TRC recommendations were
yet to be implemented, and that the few that government had already implemented were not
acknowledged to be linked to the TRC report recommendations. HRCSL also acknowledged the
need for greater dissemination of the TRC report, and requested assistance from the Office of the
President to produce more copies of the report, noting that knowledge and understanding of its
content would greatly enhance effective participation of citizens in the governance of the
country. While taking note of the progress made so far in the area of reparations, HRCSL also
urged the President to expedite formal establishment of the Follow-Up Committee.
HRCSL’s working visits to the President in October and November, again centred on the setting
up of the TRC Follow-Up Committee, and the priorities of the reparation package developed by
NaCSA.
During the training of traditional leaders in July, presentations on the TRC Findings and
Recommendations were made, and the TRC film documentary ‘Witnes Tru’ was screened.
Majority of the participants reported that they had never watched the documentary or been
briefed on the TRC report.
HRCSL also conducted a series of programmes on the TRC findings and recommendations
through community radio stations.
• Archiving TRC Documents and Materials

In November, HRCSL contracted the services of a consultant to undertake the technical
processing and archiving of all the TRC documents and materials in its custody. It is expected
that at the end, the non-confidential materials in the archives would be made available for
research purposes.
HRCSL initiated discussions with a consultant at Benetech (the firm that undertook the initial
processing of the TRC database), for the transfer of that database to HRCSL. Before this could
be done however, HRCSL needs to secure funds for the transfer of the said data into its custody.
Access to this database and all TRC documents will be regulated within the parameters set out in
the TRC report.
• The TRC National Vision

HRCSL continues to promote the Vision which represents hopes and aspirations of Sierra
Leoneans. Although HRCSL was not able to take the Vision on tours, as recommended by the
TRC, some of the exhibits and contributions have been hung up along the corridors and various
offices of its headquarters, and were put on display at workshops and training sessions organised
by HRCSL. An urgent priority of HRCSL is to raise funds to preserve these materials and make
them accessible to the public.
29
2.10 Monitoring of Local Government Elections
In the year under review, HRCSL monitored the observance of human rights in the local
government elections. Overall, though the voter turn-out was low, and despite isolated violent
incidents, polling day itself was calm and the election considered to be generally credible.
However, HRCSL’s attention was drawn to a number of allegations in the media, of politically-
motivated violence, intimidation of voters and candidates, and interference with the election
campaign of opponents. HRCSL was of the view that to ensure protection of human rights, such
reports required careful investigation and monitoring, and where necessary, engagement with
relevant stakeholders.
HRCSL spent four days monitoring the elections - from 4th - 7th June. This was done by its four
regional officers, who each monitored the elections in their respective regions, and also by the
Chair and Vice-Chair.
In addition to pre-election day monitoring exercises, HRCSL officials visited several polling
centers in the four regions, and talked with National Electoral Commission (NEC) personnel,
including the Presiding Officers/Station Managers, Voter Identification Officers (VIO), the
Ballot Paper Issuers and the Ballot Box Controllers. HRCSL officials spent time in polling
stations while the voting was going on, and in the counting centers, when the votes were being
tallied, observing the process. In addition, they also had discussions with representatives of the
different political parties, as well as with ordinary voters
HRCSL’s monitoring confirmed that the pre-voting period was marred by instances of
intimidation and violence in parts of Kono District, particularly targeted at female candidates.
In the immediate run-up to polling day, HRCSL met with Vice-President Sam Sumana, to
acquaint him with the findings on the level of violence in Kono, and obtained his assurance that
he would contribute to ensuring a peaceful and non-violent polling day.
2.11 Monitoring Prisons and Detention Places
Even though HRCSL regional officers visited prisons in their regions, much of the
Commission’s prisons monitoring activities in 2008 were directed at the Pademba Road Prisons,
with several monitoring visits paid during the course of the year by teams of Commissioners and
Human Rights Officers. This was because a number of issues arose within the prisons, namely,
acute shortage of water, prisoners unrest, suspension of prisoners’ rights and privileges, and
increased security due to remand of cocaine suspects. These challenges required HRCSL’s
attention and eventual intervention.
Following up on its own monitoring and reports from Prison Watch, HRCSL met with the
Director of Prisons and other senior managers, Ministry of Internal Affairs, Minister of Energy
and Power, the Judiciary, and other stakeholders and successfully addressed issues highlighted
30
above. 2 HRCSL also had to deal with barriers it encountered in carrying out its monitoring
functions. It also witnessed the donation of items for female prisoners at Pademba Road Prisons
by Prison Watch, and the Christmas cultural event and visit to the female section by the First
Lady of Sierra Leone.
HRCSL conducted other inspection visits at Kingtom Remand home, Congo Cross Police cells,
lock-up at the Law Court building, and attended the opening of the new female prison in
Kenema.
In furtherance of its monitoring efforts, HRCSL undertook, with Prison Watch, monitoring
training for its staff and Detention Management training for Prison officials.
2.12 Review of Draft Legislation

In December, HRCSL organized a one-day review of the draft Disability Bill. The aim of the
review process was to ensure that the provisions in the bill were in line with the human rights
principles of upholding the dignity and respect of Persons with Disabilities, and in accordance
with the Convention of the Rights of Persons with Disabilities. The program was attended by
twenty –eight participants from organizations concerned with disabilities, representatives from
line ministries, an MP, members of the Fourth Estate, and HRCSL’s IDA from Uganda. The
recommendations from the review process were sent to the Office of the Attorney General for
onward submission to Parliament for enactment.
2.13 Complaints
Handling of Complaints
Here, emphasis is on complaints handled by HRCSL in 2008, in fulfilment of Section 7 (2) (a) of
HRCSL Act No. 9 of 2004, which provides that HRCSL has the mandate to “investigate or
inquire into on its own or on complaint by any person any allegations of human rights violations
and to report thereon in writing”.
In exercise of its mandate to protect human rights, the HRCSL finalised its Complaint,
Investigations and Inquiries Rules 2008, which were gazetted as a statutory instrument, through
technical support from the Law Officers Department in the Ministry of Justice. These rules
clearly set out the procedures for handling allegations of human rights violations.
During the year under review, HRCSL received and successfully handled a number of
complaints. For instance, in May 2008, a complaint was received that the Pademba Road Prisons
in Freetown had experienced acute water shortage for a number of days, thus depriving the
inmates access to water. HRCSL responded by engaging the Guma Valley Water Company and
the Ministry of Energy and Power for the immediate supply of water to the prison facilities. The
water situation improved afterwards.
2APPENDIX 5…. The Letter of Appreciation from the Director of Prisons, acknowledging HRCSL’s assistance
over the water shortage.
31
In 2008 with HRCSL fully operational, it noted an increase in the number of complaints filed,
from 40 in 2007 to 204. This increase may not be unconnected with HRCSL’s engagement with
civil society organisations, and the public, on its mandate and functions, through radio
programmes, and the fact that complaints were received from all the regions.
Of the 204 complaints received in 2008, 81 have so far been ruled inadmissible by HRCSL and
referred to the appropriate state agencies for action. These referrals are disaggregated as follows:
a. Sierra Leone Police (SLP) including Family Support Unit - 51 cases referred
b. Commissioner of Labour - 20 referred
c. MSWGCA – 06 referred
d. Establishment Secretary - 01 referred
e. The Ombudsman – 01 referred
f. Ministry of Lands - 01 referred
g. Solicitor – 01 referred
Cases referred continued to be monitored by HRCSL.
Table 1: Complaints by Regions

No Regions Total Percentage (%)
1. Western Area 190 93.1
2. Eastern Province 04 2.0
3. Southern Province 06 2.9
4. Northern Province 04 2.0
TOTAL 204 100%
The table above indicates that most of the complaints received (190) were from the Western
Area, because HRCSL’s complaints handling operations were mostly limited to this region. The
eastern, northern and southern regions provided only 6.9% of the total number of complaints.
Table 2: Complaints filed against sectors

No. Different Sectors Total Percentage
%
1. Private individuals 108 53.0
2 Sierra Leone Police 22 10.8
3 Other Government Institutions including 35 17.2
Public Servants
4 Prisons 05 2.5
5 Private Security Agencies 12 5.9
6 Business, Shops, Companies etc 16 7.8
7 Intelligence Agency 00 0.0
8 Traditional Institutions 01 0.5
9 Religious Institutions 02 0.9
10 Local Government 02 0.9
11 Judiciary 01 0.5
TOTAL 204 100%
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Table 2 reveals the number of reports filed in HRCSL’s Complaints Registry, against various
sectors. It was noted that complaints were filed against public officials, notably the police,
prisons and local government officials. Of the total complaints received in 2008, 10.8% (22
complaints) were filed against the Sierra Leone Police (SLP). Amongst these were allegations of
torture of detainees at the national headquarters of the Operation Special Division (OSD) of the
Sierra Leone Police, in Freetown on the 9th and 10th April, 2008. Similarly, HRCSL received
reports of negligence, inaction or failure by public officials (labour officers) to respond promptly
to reports of alleged cases of violations or abuses.
Table 3: Comparison of specific categories of complaints filed in 2007 and 2008

No. Nature of Complaints No. of Total No. of Totals
Complaints (2007) complaints
(2007) (2008)
Public Private Public Private

Officers Ind/inst Officials Ind/Inst.
1. Deprivation of property - 3 3 - 28 28
2. Domestic Violence - 3 3 - 9 9
3. Torture, Cruel, inhuman & 2 4 6 2 4 6

degrading treatment
4. Right to education 2 2 4 1 2 3
5. Right to life - 2 4 - - -
6. Unlawful detention 3 - 3 3 - 3
7. Rape/Sexual assault - 2 2 - 6 6
8. Rights of workers 1 4 2 13 27 40
9. Discrimination - 1 1 - 4 4
10. Child Abuse - 1 1 - 15 15
11. Fair Hearing 2 - 2 24 - 24
12. Personal Liberty 1 1 2 9 4 13
13. Shelter - - - 3 4 7
14. Police Abuse 1 1 2 8 - 8
15. Matrimonial Dispute - 2 2 - 15 15
16. Crime Related - 1 1 2 21 23
17. Others - 1 1 - - -
Totals 12 28 40 65 139 204
The data presented above shows the increase in reported allegations of human rights violations
and abuses in 2008, as compared to 2007.. Alleged human rights violations included unlawful
detention, police abuse, torture, cruel inhuman and degrading treatment and the lack of fair
hearing in the judiciary, among others. Although HRCSL is limited by its Act to address human
rights violations by public officials, it noted with concern, an increase in the level of human right
33
abuses 3 allegedly committed by individuals and private entities. HRCSL therefore draws
government’s attention to the level of abuses in the private sector.
Table 4: Types of complaints filed

No. Nature of Complaint Total Percentage %
1. Personal Liberty 13 6.4
2. Matrimonial Dispute including 17 8.3
maintenance support
3. Property Rights including land 28 13.7
4. Fair hearing 24 11.8
5. Right to life 00 0.0
6. Right to education 03 1.5
7. Discrimination 04 2.0
8. Child Rights / Child Abuse 18 8.8
(including education, assault, cruel
and degrading treatment)
9. Civil and Political rights 01 0.5
10. Crime Related 29 14.2
11. Shelter 07 3.4
12. Police Abuse (including assault, 08 3.9
torture and cruel & degrading
treatment)
13. Unlawful Detention 03 1.5
14. Domestic Violence 09 4.4
15. Workers / Labour Rights 40 19.6
TOTAL 204 100%
Workers rights and labour-related complaint in table 4 above represent the highest number of
complaints filed (19.6%). This indicates that there are serious lapses or gaps in the system put in
place by government to provide protection and redress for workers. HRCSL also had a large
number of complaints dealing with the right to fair hearing – this represented 11.8% of
complaints received. Closely following this are the reported cases relating to property rights
(10.3%).
3
Human rights abuse refers to failure to respect, deprivation or denial of any human rights by a
non-state actor or private person
34
Table 5: Complaints filed by sex in 2008

No. Nature of Complaint Male Female Total Percentage
%
1. Personal Liberty 07 06 13 6.4
2. Matrimonial Dispute 02 15 17 8.3
including maintenance
support
3. Property Rights including 11 17 28 13.7
land
4. Fair hearing 15 09 24 11.8
5. Right to life 00 00 00 0.0
6. Right to education 01 02 03 1.5
7. Discrimination 02 02 04 2.0
8. Child Rights / Child 08 10 18 8.8
Abuse (including
education, assault, cruel
and degrading treatment)
9. Civil and Political rights 01 00 01 0.5
10. Crime Related 14 15 29 14.2
11. Shelter 04 03 07 3.4
12. Police Abuse (including 06 02 08 3.9
assault, torture and cruel
& degrading treatment)
13. Unlawful Detention 01 02 03 1.5
14. Domestic Violence 00 09 09 4.4
15. Workers / Labour Rights 30 10 40 19.6
TOTAL 102 102 204 100%
The table above gives a snapshot of complaints filed disaggregated by sex. Women filed more
complaints (105) than men (99) in 2008. The figures give an insight of vulnerability of women in
their personal relationships and violations and abuses.
Summary of Some Complaints Handled
Complaint No: HRCSL 03–08: CJ complained of nonpayment of her deceased husband’s

gratuity from the Government of Sierra Leone, and pension from the World Health Organization
(WHO). The matter was referred by HRCSL to the Establishment Secretary and monitored. The
complainant was subsequently paid her deceased husband’s gratuity benefits.
Complaint No: HRCSL 11–08: EW alleged that his brother deprived him of access to his
property, and molested him. He further alleged that he reported the matter to the Congo Cross
Police Station in Freetown, but the matter was not treated seriously. After counseling and advice
by HRCSL, the complainant decided to withdraw his matter voluntarily. The matter was closed
35
in accordance with Rule 30 (1) of HRCSL’s (Complaints, Investigation and Inquiries) Rules,
2008.
Complaint No. 14–08: MA alleged that she and her mother were denied shares in her late
father’s estate because of their sex. HRCSL wrote to the Town Chief soliciting assistance in
redressing the issue. The EIDHR Project of the Methodist Church in Kailahun District was also
informed. A meeting was summoned by the Town Chief and chaired by EIDHR, and the matter
was amicably settled in favour of the complainant.
Complaint No. 32–08: FTB complained to HRCSL that her two and half year-old daughter was
kidnapped by the child’s paternal grandmother. She reported the matter to the FSU at New
England Ville Police Station but alleged that no serious action was taken to retrieve the child
from the father and grandmother. HRCSL contacted the child’s father and grandmother, and
requested a meeting with them. Though both parties were initially aggrieved, HRCSL was able
to mediate the matter and the child was returned to her mother.
Complaint No. 46–08: FB alleged that her father abused her right to education by requesting
the Principal to expel her from school. This was on grounds that the boyfriend paid her school
fees when the father refused to do so, because he wanted her to get married. HRCSL mediated in
the matter and the girl was allowed to continue her schooling, but at a school of her father’s
choice.
Complaint No. 26–08: SK’s husband was a serving police officer, with whom she and their
children had been living in the police quarters. He died in early 2008. A complaint was filed to
HRCSL after she received a letter from the police authorities, requiring her to quit the barracks
after the 40th Day ceremony. The notice was served even though she had not received her
deceased husband’s gratuity benefits and had no means to secure an alternate accommodation.
HRCSL responded to the complaint by advising the Inspector General of Police, in writing, that
since the police barracks which was S. K. ‘s matrimonial home, was public property, the new
Devolution of Estates Act 2007 gave S.K. the right to remain in the property for up to 6 months
after the death of her spouse. The Sierra Leone Police accepted HRCSL’s advice and allowed
S.K. and her family to stay until she received her late husband’s benefits from NASSIT.
Complaint No. 40-08: The Commission received a complaint from AK alleging that her 12
year old son was kidnapped from her home in the Kagboro Chiefdom, Moyamba District, by one
MM of the same village, apparently for forceful initiation into the “Poro Society” (male
traditional secret society). She reported that on her objection to the initiation, she was threatened
and intimidated by M.M. She then lodged a complaint with the Police at Shenge, but the matter
was instead referred to the local traditional authorities. Upon receipt of the complaint, the
Commission contacted the Inspector General of Police requesting that immediate action be taken
by the Police in Moyamba and Shenge to ascertain the whereabouts of the child, confirm his
safety and report back to the Commission. Three weeks later, the boy was released. Both mother
and son came to thank the Commission for a job well done.
Complaint No. 100– 08: PFS and four others (former employees of Seaboard West Africa
Limited) complained that they had been charged to court on three count charges that were
eventually dismissed by Magistrate, Samuel Margai for lack of evidence. At the end of the
36
court case, Seaboard West Africa refused to reinstate the complainants or to pay them salaries’
arrears despite the intervention of the Labour Commission. The Labour Commission calculated
their benefits and forwarded the computation to the management of the company, who offered to
pay far below the complainants’ entitlement. This development made them report to the Human
Rights Commission of Sierra Leone. On receipt of their complaint, HRCSL contacted both the
Management of the company and the Labour Commission about the seeming delay of payment
by the Management. HRCSL advocated for their additional payment, and this was achieved.
They expressed their gratitude to the Commission for this successful resolution of their matter.
Complaint No. 43–08: ABS alleged that his “wife” with whom he had 3 children from their ten
year cohabitation relationship was in the habit of leaving their home and staying with her
mother for some time. Recently, having left his house, she came and forcefully took the children
to her mother’s place and refused to return the children and preventing them from attending
school. ABS said that all his efforts to get them back from her had failed. He then reported the
matter to the FSU but to no avail. The Commission suggested mediation. During mediation, the
woman admitted that she and her children moved out of the home because ABS had not shown
any love or concern for them. At the end of the mediation, the woman agreed to rejoin her
husband, who also consented to meet with his “mother – in – law”, to thank her for taking care of
his “wife” and children. Both parties were satisfied with the Commission’s intervention.
37
Part 3: The State of Human Rights in Sierra Leone

This part of the report focuses on the state of human rights in Sierra Leone for the period 1st
January 2008 to end of March 2009. The information in this section is as a result of collating
HRCSL’s monitoring findings, documenting news reports, and reports from other human rights
organizations and international bodies, and HRCSL’s own analysis of all materials gathered.
It examines how fundamental rights and freedoms contained in the Constitution and international
and regional instruments to which Sierra Leone is a party have been fulfilled, respected,
observed or violated.
It also examines the effectiveness of programs, institutions and mechanisms for the promotion
and protection of human rights in Sierra Leone. This review emphasizes the indivisibility of all
human rights and that denial of any right negatively impacts the enjoyment of other rights.
3.1 Promotion and Protection of Human Rights

3.1.1 Civil and Political Rights
3.1.1.1 Right to Life, Liberty, and Security of Person, and the Death Penalty
The right to life is provided for in Article 6 of the International Covenant on Civil & Political
Rights (ICCPR), Article 3 of the Universal Declaration of Human Rights (UDHR), Article 4 of
the African Charter on Human and People’s Rights (ACHPR), and reiterated in Sections 15 and
16 of the 1991 Constitution of Sierra Leone. These documents guarantee individual entitlement
to life, liberty, security of person, and protection of the law.
In 2008, Sierra Leone was rated last on the Human Development Index (HDI), with the highest
rate of maternal deaths at 1,800 per 100,000 births, and infant mortality at 270 deaths per 1,000
live births, as reported by the UNDP Human Development Index 2008. According to the 2004
National Census, the national life expectancy was 48.4 years. The HRCSL is still of the view that
government is under a positive obligation to take the necessary steps to reduce these high levels
of mortality rates, and to work towards increasing life expectancy.
The TRC report explicitly calls for the immediate repeal of laws authorizing the death penalty;
for a moratorium on all executions pending abolition and for the government to commute all
pending death sentences. Despite this, in 2008, the death penalty remained part of the laws of
Sierra Leone, and a de facto moratorium on executions continued. Even though HRCSL, local
and international organizations pressed the government for immediate abolition, no positive
action was taken on the issue. HRCSL views with serious concern government’s abstention from
voting on a moratorium on the death penalty at the UN General Assembly in November 2008.
The year under review opened with 23 persons on death row: 20 men and 3 women. In
November, after the Court of Appeal allowed the appeals of eleven men who had been sentenced
to death for treason, the number was reduced to 12 persons: 9 men and 3 women.
38
Recommendations:
a. Government must make 50% reduction of current high levels of maternal and infant
mortality an immediate national emergency. Adequate resources and efforts including the
provisions of accurate information and data to the public should be directed in achieving
this reduction in the shortest possible time.
b. Civil society organizations are encouraged to undertake research on reasons for the
persistent high levels of infant and maternal mortality and make recommendations for the
consideration of stakeholders.
c. Government should ensure the availability of comprehensive health services including

drugs, ambulances, doctors and other health personnel in all hospitals and health centers
throughout the country, especially for women and children.
d. Government must implement the Truth and Reconciliation Commission’s

recommendations for the abolition of the death penalty; commutation of
all death sentences to life imprisonment, and continue to adhere to the moratorium on
executions.
3.1.1.2 Protection from Deprivation of Property
Protection from deprivation of property is guaranteed by Section 21 of the Constitution.
Article 17 of the UDHR also states “Everyone has the right to own property alone as well as in
association with others”. Government’s intention to develop a well organized system of land
transfer in the Western Area was a welcome idea. However, the government ban on signature of
survey plans required for the conveyance of land in the Western Area thereby stifled the free
transfer of private property and was illegal. Government is urged to expedite regularizing the
current situation using lawful means. Moreover, given the volume of land disputes and the illegal
sale of land involving public officials, it is clear that government did not fulfill its obligation to
protect and guarantee enjoyment of this right. Public concerns continue to be raised about the
discriminatory and non-transparent manner in the allocation of state land.
In the provinces, longstanding land disputes remained unresolved with the potential of triggering
violence e.g. the problem between Dawabu and Mambu villages, in Koya Chiefdom, Kenema
District.
Recommendations:
a. Government is urged to expedite the development and implementation of a properly
organized system of land transfer across the country.
b. Allocation of government land by the Ministry of Lands should be transparent and non-
discriminatory and ensure that marginalized and vulnerable groups benefit from such
allocation.
39
c. The Ministry of Local Government, through the Decentralization Secretariat (DecSec)

should intensify the training needs of chiefs, regarding their roles and responsibilities,
especially with regards to land management, and handling of land and property disputes.
d. In order to resolve the continued land disputes, the Ministry of Lands should review its
policies, revise them if need be, and work with other state agencies, like the police, to
ensure that the laws and policies are strictly adhered to.
3.1.1.3 Freedom of Expression and the Press
Freedom of expression is guaranteed by Article 19 of the ICCPR and the UDHR, and also in
Article 9 of the African Charter of Human and People’s Rights (ACHPR). This right is further
entrenched in Section 25 of the 1991 Constitution, which provides that, no person shall be
deterred from holding opinions, receiving and imparting ideas and information. It also provides
that nobody should interfere with any person’s correspondence. This section further states that a
person has the freedom to own, establish and operate any medium for the dissemination of
information, ideas and opinions, and guarantees academic freedom in institutions of learning.
In the year under review, HRCSL observed relative progress made in the area of freedom of
expression. A very high number of media organizations, both electronic and print, still had
presence in the country; there was no reported case of refusal by the IMC to register or renew the
licenses of any media organizations. The total number of media houses in the country rose to 88,
from 72 in 2007, and the number of radio and television stations rose from 42 in 2007, to 56.
President Ernest Bai Koroma was part of the re-launching of the opposition Sierra Leone
People’s Party (SLPP) radio station after its temporary closure, and this was considered a
significant demonstration of support for- freedom of expression.
However, HRCSL noted that the seditious libel provisions in the Public Order Act of 1965 were
still being used to control the media. In March, the Managing Editor of The Independent
Observer was charged with criminal libel under Sections 32-37 of the 1965 Public Order Act,
following two articles published in his paper, accusing the Minister of Transport and Aviation, of
corruption.
That same month, the publisher of Awareness Times newspaper was arrested and detained by the
Criminal Investigation Department in Freetown, in connection with the publication of a
caricature of the President in the February 29th edition of the newspaper. She was eventually
released the same day, without charge.
There was also an attack in August on the opposition party, SLPP radio station by youths who
were alleged to be supporters of the APC, the ruling party. The SLPP party headquarters where
the radio was housed was vandalized, in reaction to a programme that was aired by that radio
station. In a related incident, seven journalists who went to cover the disturbances were
reportedly assaulted by the Sierra Leone Police at the scene.
40
In another development, the Ministry of Information shut down the SLPP radio station for an
alleged failure to comply with registration requirements. The IMC intervened, and the Ministry’s
decision was overturned.
In Tombo the Manager of the IRN member station Voice of Peninsular Mountains was violently
attacked, and the radio station shut down for about 2 weeks by disgruntled community members.
In February, a reporter of Radio Kolenten, in Kambia was harassed, intimidated and received
numerous threatening phone calls from unknown persons.
On 28th March, 2009, the eve of the parliamentary bye-elections in Pujehun, Radio Wanjei, a
member station of the Independent Radio Network (IRN) was allegedly attacked by All Peoples
Congress (APC) party stalwarts. The attack on the station caused a temporary closure of the
station because of the malicious damage caused to its electrical appliances. A reporter of the
same station was also beaten up by an alleged SLPP supporter.
The IMC received 32 complaints against media houses for alleged libel. HRCSL calls for all
media practitioners to discharge their duties with responsibility and due respect for the rights of
others
The Sierra Leone Association of Journalists (SLAJ) filed a suit in the Supreme Court in
February, seeking to repeal the seditious libel provisions. The lawsuit, the first direct legal
challenge in West Africa to the Criminal Libel Laws, draws attention to the constitutional
protection given to freedom of expression under Section 25, Chapter III, of the 1991
Constitution.
A draft Freedom of Information bill was developed by civil society groups, championed by the
Society for Democratic Initiative (SDI), and is waiting to be sent to Parliament.
Recommendations:
a. Government should leave the oversight and regulation of the media to the IMC and
refrain from unwarranted interference with media institutions.
b. Government should expedite the process of transforming the Sierra Leone Broadcasting
Service into an independent public service broadcasting corporation and ensure that the
process is transparent and participatory at all levels.
c. The IMC should be strengthened to supervise and monitor the operations of the media.
d. Parliament should take immediate steps to repeal the seditious libel provisions in the
Public Order Act, 1965 and enact the Freedom of Information bill.
e. Government should ensure that it strengthens accessibility and effectiveness of civil

remedies for defamation and invasion of privacy.
41
3.1.1.4 Freedom of Assembly/Association
This freedom, the right of people to gather, join and form associations without fear of state
harassment or intrusion or to go where ever they want, is guaranteed in section 26(1) of the 1991
constitution which states that “Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of assembly or of association…”
In 2008, local government elections were conducted. There were isolated incidents of political
intolerance with reports of candidate’s homes being attacked by opposing party members. In
Kono, for example, it was reported that campaign posters of certain candidates were defaced, and
a female candidate was barred from campaigning by rival contestants.
There were also reports that after a group of young men, armed with sticks and stones, allegedly
aligned with the APC, attacked the SLPP party headquarters and vandalized it on the 13th of
August, an SLPP delegation went to State House for a meeting with the President, to discuss the
fracas; this group was prevented from entering State House, by some people who were believed
to be APC supporters. This ended in a skirmish, which neither the police nor State House
security personnel did anything to stop. During that same incident, police and security personnel
manhandled a group of journalists who had gone to cover the clash.
Recommendations:
a. The police should be encouraged to continue to maintain independence and impartiality
at all times, and to avoid the use of force except where absolutely necessary, bearing in
mind the principle of proportionality.
b. NEC, PPRC, and NCD should increase public education on political tolerance and the
right to participation in public affairs.
c. Political parties should encourage, embrace and practice pluralism and diversity.
d. PPRC should foster/encourage internal democracy and openness within political

parties.
e. PPRC and political parties should ensure that their code of conduct is enforced at all
times, not only during elections.
3.1.2 Economic, Social and Cultural Rights
Corruption and government inefficiency in service provision have consistently undermined the
realization of economic, social and cultural rights, and 2008 was no exception. Inaction in the
constitutional review process, a year after presentation of the Constitutional Review Committee
report to the President, has stalled advocacy efforts on the inclusion of economic, social and
cultural rights in the constitutional Bill of Rights.
42
3.1.2.1 Right to Enjoy Just and Favourable Conditions of Work
This right is guaranteed in Article 7 of the ICESCR, and Article 15 of the ACHPR. Article 7(a)
(i)(ii) defines minimum remuneration as that which provides workers with “a decent living for
themselves and their families…” The official minimum wage for workers in Sierra Leone is set
by government at Le.125,000.00 (equivalent of US$ 42) monthly, an amount insufficient to
provide a decent living, contravening Article 7 of ICESCR
Youth unemployment remains a huge problem in Sierra Leone. During the year under review,
implementation of the UN PBF Youth employment and empowerment project commenced, and
39% of the funds was disbursed through micro finance schemes to start and scale up youth
businesses. This could possibly be better addressed by provision of expert technical and
vocational guidance and training programmes, to achieve full and productive employment for
youth as envisaged in article 6 of the ICESCR.
3.1.2.2 Right to Education
Article 13 of the ICESCR guarantees the right of everyone to education, and that primary
education is compulsory and available to all. Additionally, Article 17 of the ACHPR states that
every individual shall have the right to education; the 2004 Education Act also guarantees the
right to basic education, defined as six years of primary school and three years of junior
secondary school. The Act requires the government to provide basic primary education free of
charge. Although Chapter 3 of the Constitution does not guarantee the right to education, the
Constitutional Review Committee recommended in 2007, the inclusion of this right in the Bill of
Rights.
In 2008, although basic education at the primary level was provided free of charge by the
government, the enjoyment of this right was undermined by unofficial and extra school charges,
which placed undue burden on the parents.
HRCSL learnt that a number of teachers in the provinces did not receive salaries on time, and the
burden of paying them fell on the communities. In some cases, denial of the right to education,
particularly for girls, arose from the lack of senior secondary schools in their localities, which
then forced parents to send their children away from homes to attend school in the main towns.
For such children, the lack of adequate supervision and accommodation led to very high drop out
rates.
Overcrowding was still a problem in schools and had a negative impact on pupils. Performance
at the 2008 BECE and WASSCE public examination 2008 exams was very unsatisfactory. For
example, according to WAEC, the number of passes in English at the BECE examination fell
from 46.51% in 2007, to 45.38%; passes in Social Studies fell from 69.94% in 2007 to 58.25% in
2008; passes in Agricultural Science and Introductory Technology fell from 61.01% and 49.71%
in 2007, to 46.34 to 44.56% respectively,.
In the provinces, there were reports of teachers exploiting children by sending them to work on
their farms during school hours. Countrywide, some parents sent their children and wards to do
petty trading on their behalf instead of sending them to school. The Freetown City Council
43
(FCC) issued a press release in this regard, warning parents to desist from this act, or be fined.
In fact, some children were even apprehended and held at the FCC office before being released
to their parents who had earlier been reprimanded.
Children living with disabilities continued to be disadvantaged. There is a serious lack of special
needs teaching and learning materials and qualified teachers. Worse still, only few special needs
schools exist in the country. The Mary Rice School for the Mentally Retarded in Bo was almost
closed as a result of the lack of transport facilities to transport students. Also, the Special Needs
Educational Centre operated by Christian Brothers in Bo, was closed for lack of funding.
Recommendations:
a. To ensure that all children access compulsory free primary education, government
should pay all teachers, especially those in the provinces and on time.
b. Government should provide the schools with prompt and regular grants and at the same
time ensure that all unofficial school charges which undermine free primary education
are eradicated.
c. Government should undertake intensive public sensitization on the 2004 Education Act
especially on the right of children to acquire basic education.
d. Government should enforce compulsory primary education to ensure that every child is
engaged in full time primary education. Special steps should be taken to ensure street
children and children with disabilities enjoy this right.
e. Local Councils should continue to popularize and enforce their bye–laws pertaining to
education.
f. Government should provide basic teaching and learning materials to facilitate the
teaching of disabled children.
g. Government should provide training for more teachers in special needs education.
3.1.2.3 Right to Health
Amongst the steps to be taken by state parties to the ICESCR to achieve full realization of the
right to enjoy the highest attainable standard of physical and mental health, is the creation of
conditions which would assure to all, medical service and medical attention in the event of
sickness.
The government of Sierra Leone has expended its resources to train medical personnel, who
upon qualification migrate to other countries for economic reasons, depriving the country of their
much-needed skills and services. Poor pay and conditions of service for doctors, nurses and
medical support staff, made it impossible for the government of Sierra Leone to fulfill its
obligation to provide the highest attainable standard of physical and mental health for citizens.
44
According to Amnesty International 4, there were only 162 qualified medical doctors in the
country for a population of 5 million people, while the Ministry of Health and Sanitation
(MoHS) puts the number of doctors working for government at 114. Even though government
has constructed a large number of medical centers, the lack of medical equipment and or
personnel remain a challenge; for example the NaCSA-built health facility in Regent Village.
Accessibility to existing medical facilities continued to be a problem due to the lack of
transportation. Infant and maternal mortality remained the highest in the world. Among the
reasons given by experts for this phenomenon, is the very high cost of medical services; pregnant
women who cannot afford to pay, are often denied access to health care and the general lack of
drugs and medication.
The prevalence of HIV/AIDS in Sierra Leone was relatively low. According to the National
AIDS Secretariat (NAS), there were about 75,000 people who were HIV-positive - i.e. 1.5% of
the country’s population. In spite of international funding of anti-retroviral drugs, ARV treatment
was still not accessed for a number of reasons including stigma and ignorance especially among
the poor and marginalized. Also of concern is the fact that the existing law for the prevention
and control of the epidemic discriminates against People Living with HIV/AIDS (PLWHA), and
criminalizes mother-to-child transmission.
The government has clearly not met its commitment of ensuring affordable and accessible
healthcare.
Recommendations:
a. Government should, as a matter of urgency, fulfill its obligation to provide the highest
attainable standard of physical and mental health for citizens.
b. Government should equip existing peripheral health clinics with the necessary drugs and
medical equipment.

throughout the country, especially for women, children, disabled and the aged.
d. Government should look into the conditions of service for medical personnel with the
aim of improving them.
e. Government should put emphasis on recruiting more qualified medical personnel.
f. Government should take action to provide free health care for pregnant women.
g. Government should put monitoring mechanisms in place to ensure the judicious use of its
resources allocated to the Ministry of Health.
h. Parliament should take immediate steps to amend the Prevention and Control of HIV &
AIDS Act 2007 to take account of gender and human rights concerns.
4 Amnesty International, 2009 Maternal Mortality Campaign presentation,
45
3.1.2.4 Human Rights Concerns in Mining Activities
Mining remained a thorny issue throughout the year. Consultations with civil society
organizations revealed that the perennial problems of environmental degradation still persisted -
in Moyamba, a huge proportion of the excavated land had not been properly reclaimed, and was
still covered by large ponds and sand tailings.
The Government White Paper on the Jenkins Johnston Commission of Inquiry into the 2007
Koidu Holdings disturbances accepted / approved most of the recommendations of the
Commission of Inquiry, while some were referred to the Task Force appointed by the President
in early 2008, to review contracts signed by mining companies (Koidu Holdings, Sierra Rutile
and African Minerals).
The collapse of the Solondo dredge at Sierra Rutile in 2008 resulted in the death of two
employees and injury of a number of others. Families of deceased employees, and other workers
who lost their jobs were compensated.
The use of child miners in all types of mining and in stone quarrying remained widespread and
problematic. According to a study conducted by the International Human Rights Clinic of
Harvard Law School, a sizeable proportion of children living in Kono aged between the ages of 6
and 18 were found to be involved in diamond mining activities 5. The children’s health and
education were adversely affected by their presence in the mines.
Recommendations:
a. Government should review all mining laws, policies and contracts to ensure they fulfill
and promote human rights, corporate social responsibility and the protection of
ecosystems, biodiversity and the environment.
b. Government should immediately enforce policies and laws relating to the elimination of
hazardous activities in all mining areas.
c. Government should take all steps necessary to enforce the prohibition against child
mining.
d. Government should take urgent action to provide children with educational and training
opportunities that will deter them from engaging in mining activities.
e. The employers in the mining sector should improve standards and conditions of service
of employees.
f. Government should speedily implement the recommendations of the Jenkins Johnston

Commission of Inquiry.
5
2008 Harvard report on Child Mining
46
g. Government should ratify ILO Convention 138 (1973) concerning the minimum age for
admission to employment and ILO Convention 182 (1999) concerning the prohibition
and immediate action for the elimination of the worst forms of child labour.
3.1.3 Women’s Rights
Gender inequality and violence against women were prevalent at all levels of society throughout
the year under review. Women and children still faced barriers in accessing justice because of the
judicial administrative bottle necks, shortage of judicial personnel, the high cost of legal
representation, the absence of courts in certain areas, and other cultural barriers they had to
contend with.
The country continued to operate a dual system of justice, with 80 % 6 of the population
accessing customary law, which continued to discriminate against women, particularly with
regard to ownership of productive resources, inheritance, and marriage.
In spite of the above, during the course of the year, the courts, the MSWGCA, the FSU, and
HRCSL itself, made increasing use of new laws passed in 2007, namely the Devolution of
Estates Act, the Registration of Customary Marriage and Divorce Act, and the Domestic
Violence Act to protect the rights of women.
Work on realizing the rights of women protected by the three Gender Justice laws enacted in
2007, culminated in the launch of the Gender Roll-Out plan in December 2008. The goal of this
plan is to ensure that all bodies and agencies responsible for enforcing the Gender Laws fulfill
the roles required of them under the new Acts which provide additional remedies for the long-
standing discrimination against women, and greater equality of protection and treatment.
In 2008, a study titled “Gender-Based Violence in Sierra Leone – A National Research” was
published by MSWGCA in collaboration with UNFPA, UNIFEM and Statistics Sierra Leone.
The object of the research was to fill the gap on the current statistical data on GBV issues and to
provide the basis for developing policies, programmes and defined indicators and benchmarks
for establishing frameworks for systematic and effective GBV interventions.
Also in September 2008, MSWGCA and Ministry of Internal Affairs, Local Government and
Rural Development in collaboration with their partners produced an improved ten module
manual to be primarily utilized by the Sierra Leone Police, probation officers, social workers and
other social welfare agencies to protect and seek justice for survivals of violence and juvenile
offenders. It could also be used as a monitoring tool for all key institutions involved in the
administration of justice.
3.1.3.1 Participation in Politics and Other Public Offices
In 2008, Sierra Leonean women continued to face major obstacles in their quest for increased
participation in politics. While large numbers of Sierra Leonean women now actively participate
in national and local electoral processes, the number who have attained political and elected
office remains small. According to a memorandum developed by women politicians in
6 Amnesty International, 2008 report
47
collaboration with the PPRC, women’s representation in elected decision-making bodies at all
levels was only 13%; only 3 in a cabinet of 22, and only 15.2% of Parliamentarians were women.
They were also under-represented in public life with only 7% of senior civil servants being
women. According to the Master and Registrar there were only 2 female magistrates and in the
High Court, 9 out of 21 judges were female, while 4 out of 7 of the Supreme Court Justices were
women. 2008 saw the landmark appointment of a woman as Chief Justice.
Although women’s groups and other civil society called on the government to implement the
TRC recommendation for 30% of political parties’ candidates for public elections to be women,
this call was, unfortunately, not adhered to by either the government or the political parties, as
was evidenced in the percentage of female participation during the last local government
elections. According to the PPRC, out of a total of 1,324 candidates that contested, only 224
were women (16.91%). This, nonetheless, represented a significant increase in women’s
participation compared to previous elections, and a step forward for Sierra Leone, which ranked
lowest on the UNDP’s Gender Development Index. Official results from the elections indicate
that 86 women were successful and that the number of elected women councilors nearly doubled
from 11% in 2004 to 20% in 2008; this was as a result of concerted advocacy and training efforts
by women’s groups and other stakeholders.
3.1.3.2 Violence against Women
Although the Concluding Comments of the Committee of CEDAW on Sierra Leone had urged
the authorities to enhance effective enforcement of the domestic violence law, to ensure that
victims have access to immediate means of redress, domestic violence persisted and increased. In
2008, HRCSL and the FSU received increased number of complaints of domestic violence
(HRCSL received 18 complaints of domestic violence in 2008, compared to just 7 in 2007), and
according to the FSU, there was an increase in the number of sexual violence cases reported in
2008. This increase is believed to be the result of an intensive national sensitization campaign.
HRCSL noted the wide publicity given to one of the first prosecutions under the 2007 Domestic
Violence Act, which was considered a test case, and will provide an incentive to other victims to
seek legal redress.
Recommendations:
a. The Sierra Leone Police should be resourced to establish well equipped and functioning
FSUs in every police station in the country.
b. The Inspector General should ensure that serving police officers at all levels (including
Executive Management Board) are provided with regular and adequate training to
respond appropriately to gender based violence issues.
c. Government should take steps to seek out and provide resources for speedy
implementation of the Strategic Roll-Out Plan for Implementation of the three Gender
laws.
d. Government should implement the 30% quota for women in politics and public office,
and ensure its inclusion in the proposed new Constitution.
48
e. Government should increase subvention to the MSWGCA, to respond more effectively to

women’s rights issues particularly implementation of the concluding observations of the
CEDAW Committee.
f. Sierra Leone Police and Ministry of Health and Sanitation to take immediate action to
improve services provided by Police Medical Officers and to ensure that all victims of
gender based violence are promptly examined and provided with medical reports free of
charge and without delay.
3.1.4 Children’s Rights
HRCSL commends the government’s presentation of Sierra Leone’s 2nd Periodic Report at the
48th Session of the Committee on the Rights of the Child on 29th May, 2008 in Geneva. The
formation of the Steering Committee of the Child Rights Act (CRA) by the MSWGCA for the
implementation of the CRA, was another welcome development.
3.1.4.1 Harmful Traditional Practices
HRCSL viewed with concern the continued practice of female genital cutting. Government has
failed to take action that demonstrates the political will to address this issue, and its failure to
abolish this practice violates the right to liberty and security of the persons. HRCSL received
several complaints of girls and boys kidnapped and forcefully initiated into the Bondo and Poro
(secret societies for women and men). HRCSL observed that increased advocacy against FGC
was undertaken by civil society organizations across the country, and International Day of Zero
Tolerance Against FGM is now annually marked in Sierra Leone.
According to Section 46 (1) of the Sierra Leone Child Rights Act 2007, “no person or
association shall subject a child to any of the following customary practices:
(a) Early marriage
(b) Child betrothal”
Despite this explicit prohibition, these practices persist nationwide and major sensitization efforts
are necessary to eradicate them.
There is a contradiction between provisions of the CRA that prohibit marriage under the age of
18 and Section 2(2) of the Registration of Customary Marriage and Divorce Act, that apparently
permits marriage under 18 years with parental consent. There is an urgent need to resolve this
contradiction in favour of the protection of children.
3.1.4.2 Teenage Pregnancy and Girl Child Education
HRCSL is alarmed at reports received of increase in teenage pregnancy and believes this will
adversely affect the health, education, and wellbeing of girls and their families. High levels of
teenage pregnancy suggest that government, communities, and schools are not providing girls
with the information and support necessary to enable them to avoid becoming pregnant.
49
There is a problem of retention with regards to girl child education; according to Statistics Sierra
Leone, primary school enrolment for girls was 98%, but fell to 32% at the secondary school
level, and further dropped to 28% at the tertiary level. Despite the protective provisions in the
Education Act 2004, the school system discriminates by preventing expectant girl mothers from
continuing their education.
Recommendations:
a. Government should undertake an in-depth study of the phenomenon of teenage
pregnancy and all its implications, with the view to developing a comprehensive policy
and strategies for its eradication.
b. HRCSL calls for urgent united action by government, traditional leaders, and
communities to address the menace of teenage pregnancy.
c. Government, communities, and schools should provide the necessary information and
support system to adolescents and teenagers to address the growing problem of teenage
pregnancy.
d. Government should take concrete steps, including consultation with stakeholders, public
education, encouragement of a non-politicized public debate, and enactment of legislation
to address FGC.
e. Parliament should expedite the repeal of Section 2(2) of the Registration of Customary
Marriage and Divorce Act 2007 that permits the marriage of persons aged below 18
years.
f. Government should take immediate action to implement the recommendations and

directions contained in the Concluding Observations of the Committee on the Rights of
the Child on the Second Periodic Report on Sierra Leone, May 2008, and also
disseminate the report widely.
3.1.5 Vulnerable Groups
3.1.5.1 Persons with Disabilities
The 2004 Census estimated that Persons with Disabilities (PWDs) make up 10% of the country’s
population. In 2008, the lack of legislation and policies to protect the rights of Persons with
Disabilities continued to expose them to rampant discrimination, marginalization, and other
violations of their human rights.
3.1.5.1.1 Access to Health
Articles 9 and 25 of the Convention on the Rights of Persons with Disabilities (CRPD) require
state parties to take steps to ensure that PWDs access affordable health services and facilities on
an equal basis with others. This is supported by the International Covenant on Economic, Social
50
and Cultural Rights. Section 27(3) of the 1991 Constitution of Sierra Leone addresses the issue
of accessibility through the “general protection from discrimination”.
According to the August 2008 Disability Awareness Action Group (DAAG) report of a survey
on the situation of PWDs in Sierra Leone, only 25 % out of the 450,000 disabled persons in the
country could access health services. The report reveals that physical, economic, and social
barriers were the leading factors in the poor health condition of this category of citizens. The
architectural design of most health centers (both public and private) hindered PWDs’ access to
these facilities and was a big challenge.
The health situation of women with disabilities remained very desperate, because of their acute
vulnerability and lack of knowledge of reproductive health matters. During a training of
traditional leaders in the middle of 2008, traditional leaders commented on the plight of these
women, who were sometimes impregnated and abandoned.
HRCSL views with concern that the deaf, speech impaired, and blind continued to receive
inadequate health care because of their unmet special needs.
HRCSL applauds the announcement by the Ministry of Health that it planned, in collaboration
with the World Health Organization (WHO), and other partners to eradicate polio, through an
intensive nationwide immunization campaign against the disease.
It was also reported that the effort by government, in conjunction with an international NGO
(German Leprosy Relief Association – GLRA), has succeeded in stabilizing the spread of
leprosy – the figure remained at 1.5% last year, as it had been in the past three years. Again, the
Commission commends the government for that achievement, and for also controlling the spread
of Lassa fever, the proven cause of most deafness in Sierra Leone.
The situation of mental health patients was critical, with only two mental hospitals, and a sole
practicing psychiatrist in the country. These mental health facilities are ill-equipped, under-
staffed, and inadequately supported; they are also wholly insufficient to meet the mental health
needs of a nation emerging from a traumatic civil war.
Recommendations:
a. Curriculum for the training of health workers should include sections on the special needs
of PWDs.
b. Government should prioritise training and recruitment of mental health care personnel
and increase support for this sector to ensure retention of mental health care
professionals.
c. Government should invest more resources in the prevention of diseases that cause
physical and mental disabilities.
51
3.1.5.1.2 Access to Education
In 2008, it was reported that PWDs made up a sizable percentage of the illiterate population.
HRCSL observed that many children with disabilities did not attend school, in contravention of
the Child Rights Act of 2007. Unlike their able bodied counterparts, disabled children in school
were generally not given the required support to realize their full potential. Most public school
buildings, even those constructed in the postwar era were inaccessible to PWDs.
Statistics from NGOs working on inclusive education noted that only 3 of the 18,000 teachers in
the country were trained and qualified in Special Needs education. Complaints made to disability
interest groups showed that a lot of PWDs in tertiary institutions in the Western Area were
forced to change course by school authorities - this was due to the unavailability of special needs
materials to support their first choice courses.
According to the Ministry of Education, twelve special needs schools received some support
from the government and through the Sababu Education Project, government provided
scholarships which some PWDs received as a “grant in aid” to enable them to pursue higher
education.
Recommendations:
a. Government should ensure that all educational centers, both private and public, are
physically accessible to PWDs, as provided for in the CRPD, and equipped with the
appropriate teaching and learning materials.
b. The government should institute a policy that will create more educational opportunities
for PWDs.
c. Government should increase the support for special needs schools, and encourage the
recruitment of Special Needs Teachers.
3.1.5.1.3 Access to Justice
The 1991 Constitution of Sierra Leone guarantees protection before the law for all citizens, but
does not specifically provide for facilities to ensure the effective “access to justice” for PWDs,
as prescribed in Articles 12 (3)7 and 13 (1) 8 of the CRPD. In 2008, 50 % of the complaints to the
HRCSL from the community of PWDs in Sierra Leone were about their inability to get justice.
The hearing impaired and blind were also victimized - police officers sometimes ignored them,
claiming an inability to communicate with them. The blind even had no means of verifying the
actual statement they gave to the police.
7 “States Parties shall take appropriate measures to provide access by persons with disabilities to the support they
may require in exercising their legal capacity.” – Article 12(3) CRPD
8
“States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others,
including through the provision of procedural and age-appropriate accommodations, in order to facilitate their
effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at
investigative and other preliminary stages.” – Article 13 (1)CRPD
52
HRCSL noted that the court system had no provision for sign language interpreters for deaf
people, or braille for the blind, to ensure that these people get a fair trial, as provided for in
Article 9(2e) 9 of the CRPD.
Recommendations:
a. Government should ensure the inclusion of information on special needs in the training
curriculum of law enforcement agencies.
b. Government should work towards restructuring the legal system so that it will
accommodate people with special needs.
3.1.5.1.4 Political Participation of PWDs
HRCSL noted an increase in political participation of PWDs. Disabled candidates contested and
won seats on local councils which boosted the interest and participation of PWDs in political and
public affairs, in line with Article 29 of the CRPD and Section 26 of the 1991 Constitution of
Sierra Leone.
It was reported that during the last local council elections, tactile ballots were provided for the
PWDS who needed it through a NEC’s initiative although there is no legal requirement for the
provision of special voting materials in the national laws. This lack of policy and legislation to
protect PWDs’ right to vote contravenes Article 29a (i) and (ii) 10 of the CRPD.
Recommendations:
• Government should create an environment whereby every citizen would have equal
opportunity to exercise their right to vote and equally participate in national affairs.
9 “Provide forms of live assistance and intermediaries, including guides, readers and professional sign language
interpreters, to facilitate accessibility to buildings and other facilities open to the public. Article 9 (2e) CRPD
10 States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal
basis with others, and shall undertake to:
a. Ensure that persons with disabilities can effectively and fully participate in political and public life on an
equal basis with others, directly or through freely chosen representatives, including the right and
opportunity for persons with disabilities to vote and be elected, inter alia, by:
i. Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to
understand and use;
ii. Protecting the right of persons with disabilities to vote by secret ballot in elections and public
referendums without intimidation, and to stand for elections, to effectively hold office and perform
all public functions at all levels of government, facilitating the use of assistive and new
technologies where appropriate; Article 29a - CRPD
53
3.1.5.1.5 Other Rights of PWDs
In 2008, Persons with Disabilities continued to face discrimination and marginalization, even
within their families.
At the start of the year under review, most of the complaints by Disabled Persons Organizations
(DPOs), to the HRCSL, related to shelter. Due to PWDs’ unmet need for shelter a number went
ahead to illegally seize properties, both private and government-owned. The national
organization that deals with disability issues, SLUDI, and other NGOs, claims that lack of
accommodation accounted for the numerous homeless PWDs that roamed the streets in urban
areas. In a related development, the Commission noted the ongoing construction of houses for
War Amputees by the Norwegian Refugee Council, through the Norwegian Friendship of Sierra
Leone, as evidenced in the construction that was taking place along the Makeni-Kabala
Highway.
HRCSL has noted that only a small percentage of PWDs were in formal employment with a
much larger proportion benefiting from self employment generation through micro finance
schemes.
3.1.5.2 The Aged
According to information from the Social Security Safety Net, a unit of the Ministry of Labor
that services the elderly, the Aged (i.e. people 65 years and above) made up 3.2 % (165,000) of
the total population. Despite a national culture of caring for the elderly at home a significant and
growing number of these people lived in very deplorable conditions, and often resorted to street
begging in order to sustain themselves. Agencies working with the Aged reported that in 2008,
50% of the residents in the only home of the aged were picked up from the streets.
In the year under review, the Social Security Safety Net distributed money to 16,000 people, out
of 45,000 registered elderly people in 65 chiefdoms, who had been verified and certified as aged;
this amount was to cover feeding, housing, and medical care. Even though this was a small step,
the Commission commends the government for taking this stride in the right direction.
NASSIT, (the National Social Security Trust), another complementary institution that provides
pensions provided benefit to over 500 aged persons.
3.1.5.3 Sexual Orientation
The practice of homosexuality between consenting adult males in Sierra Leone is criminalized
by virtue of Section 61 of the 1861 Offences against the Person Act, and carries a penalty of life
imprisonment. However same sex acts between women are not illegal. Infrequent statements
from religious fundamentalist preachers against homosexuality have contributed to a climate that
condones discrimination and prejudice against gays and lesbians.
54
3.1.6 Human Rights in the Administration of Justice
3.1.6.1 The Sierra Leone Police
HRCSL continued to observe strides taken in the Sierra Leone Police to improved investigation
and prosecution of cases over the last year. Community policing initiatives bridged the gap
between the SLP and the civil populace, which helped to enhance the capacity of the SLP in
effectively combating crimes. In the Northern Region alone, 7,444 cases of various categories
were reported in police stations in 2008. In Kenema District, it was reported that community
policing contributed to increased mediation of disputes between parties, which minimized the
number of matters forwarded to court. Provision of public information on police emergency
response numbers by means of billboard and radio announcements also contributed to building
public confidence and good will toward the police.
Notwithstanding this, HRCSL was concerned at reports of high-handedness and the use of
excessive force by the police in combating crime. For instance, it was alleged that on 9th of
October 2008, Operation Special Division (OSD) Officers assaulted E.M. and her son during a
raid at the Flamingo Night Club in Makeni. The Bombali Human Rights Committee pressed the
Regional Crime Officer to investigate the officers involved, but no action was taken.
During HRCSL’s nationwide consultative meetings with civil society, concerns were raised
about delays by police medical officers in issuing medical report to confirm rape and other
sexual violence allegations, for example, cases of unlawful carnal knowledge involving two girls
aged 9 and 13 in Gerihun Village, Baoma Chiefdom and Bumpeh Ngawo Chiefdom, Bo District
were not dealt with by the police in a timely manner, because of several weeks delay in the
issuance of the medical report by the police doctor.
There were numerous consistent reports nationwide of police officers demanding money from
complainants to investigate and prosecute their reports. In Kenema, monies were reportedly
demanded routinely by the police as transportation cost to arrest defendants.
Delay in charging cases to court was also common. In Sorogbema Chiefdom in Pujehun District,
there were reports of police detaining suspects beyond the stipulated limit of 72 hours before
charging them to court, contrary to Section 17 (3) of the 1991 Constitution.
In some instances, methods used by the police in handling public disorder were inappropriate -
for example, in Freetown, a private incident between a secondary school student and a police
officer spiraled out of control and culminated in a violent clash between students and police, in
the course of which students, teachers and police were injured, and the school building and parts
of the police barracks damaged at Kingtom. There was also the incident that followed the inter-
secondary school sports at the National Stadium earlier in the year, where it was alleged that
police had only opened one gate for hundreds of exiting students, and then fired tear gas in a bid
to disperse them quickly. This resulted in the injury of several children, and created chaos in the
general vicinity of the stadium.
55
At a police training program in Kingtom in Freetown HRCSL learnt of the dire need for the
provision of a reference library for police investigators and prosecutors that will enable them to
access the laws, books and other materials that will enhance their work.
Recommendations:
a. The Police should intensify community policing initiatives nationwide to deepen public
confidence.
b. Continued training and improved terms and conditions should be provided to ensure that
police officers maintain the highest levels of professionalism and neutrality in carrying
out their official functions, especially at public events.
c. Government should recruit more police officers to enable the SLP to combat rising levels
of lawlessness and crime.
d. The Inspector General of Police should collaborate with HRCSL to educate the public on
citizens’ rights to demonstrate and process in public.
e. The Inspector General should direct police officers conducting investigations to detain
suspects for the shortest time necessary and strictly in accordance with the law.
f. Government should continue to improve the conditions of police detention facilities

across the country in line with international standards.
g. Use of force by police should be kept to a minimum, used as a last resort only when
necessary and proportional to the threat faced by the police.
h. Government with the assistance of international partners should establish a well equipped
library for use by prosecutors and investigators.
i. Government should review the Police Act of 1964, the structure and operations of the
CDIID to increase overall effectiveness, impartiality, accountability and independence of
the police.
3.1.6.2 The Court System
The right to seek effective redress within a reasonable time is enshrined in section 23 (1) of the
1991 Constitution, which states that “whenever any person is charged with a criminal offence he
shall unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an
independent and impartial court established by law”. This is also supported by other regional and
international instruments, e.g. the Universal Declaration of Human Rights (Art. 7), International
Covenant on Civil and Political Rights (Art. 14), and the African Charter on Human and
People’s Rights (Art. 7).
However, there has been no authoritative interpretation by the courts in Sierra Leone of ‘fair
hearing within a reasonable time’ as contained in Section 23 (1) of the Constitution to guide the
56
courts and criminal proceedings lasting for more than 2 years have been reported, which in
HRCSL’s, opinion amounts to undue delay. There were 15 prisoners held at the Port Loko State
Prison, some of whom had detained for up to 6 years, due to the infrequent sitting of the High
Court and the delay in preparation of indictments. In spite of these instances, according to the
Consultant Master and Registrar, because of the appointment of resident judges and magistrates
in the various regions, 686 backlog cases were cleared.
During 2008, with resident judges having been appointed for each of the three regions in the
country, the high courts operated more effectively at the regional headquarters of Makeni, Bo,
and Kenema. Resident magistrates were also appointed to some of the districts. However, where
there were no resident magistrates, (such as Bonthe and Pujehun Districts), these districts were
served periodically by the magistrates from the headquarter towns.
The Commission noted progress made to ease the transportation problems of magistrates,
through the provision of vehicles from the UN/PBF project. However, there were still some
Magistrate courts in some districts, where the problem of transportation persisted, and led to the
frequent adjournment of cases of remand prisoners. In Port Loko District in particular, a huge
number of remand prisoners at the Port Loko State Prison were not taken to court because of lack
of transport.
There were numerous reports from around the country alleging that State Counsel were refusing
to bring serious matters to trial. This caused frustration in victims, who felt that they were being
denied justice.
HRCSL noted, with grave concern, the manner in which chiefs’ courts, also known as “lesser
courts”, continued to transform themselves into courts of law, adjudicating matters, despite the
fact that their traditional role is to mediate specific matters like family and land disputes. These
courts were reported to be deciding cases outside their jurisdiction, rather than referring them to
the institutions authorized to sit on such matters.
Nationwide, chiefs’ courts continued to levy heavy fines which were sometimes unaccounted for,
subjected people to inhuman treatment, and arbitrarily detained people found wanting by
customary law. In one instance, the local human rights committees had such decisions over-
turned. For instance in Matotoka town, Tane Chiefdom, Tonkolili District CGG, reported that in
September 2008, a Regent Chief presiding over a local court, detained and chained a female JSS
1 pupil for failure to refund a summon fee of Le 12,000. A similar situation also occurred in
Kakua Chiefdom in the Bo District, where 15 people were chained to trees for refusing to pay the
local government tax. HRCSL considers such treatment inhuman and degrading, and a violation
of the rights set out in section 20 (1) of the 1991 Constitution.
HRCSL also noted with concern, the perennial problems confronting the Local Courts in the
country; foremost being the frequent delays in payment of salaries and allowances of staff.
Recommendations:
a. Government should ensure that steps are taken to increase supervision and
monitoring of state counsel and magistrates assigned around the country.
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b. Additional magistrates should be sent to districts depending on the case load.
c. The Ministry of Local Government should intensify its training of local courts
personnel on local courts procedures and jurisdiction.
d. The Ministry of Local Government should take urgent action to curb the excesses of the
‘lesser courts’.
e. Government should intensify public consultation and debate on the proposed new
legislation on the local courts and expedite passage of the bill by parliament.
f. Temporary backlog courts should be re-introduced where necessary.
3.1.6.3 The Sierra Leone Prisons
In the year under review, HRCSL visited Pademba Road, Bo, and Moyamba prisons. Conditions
in the prisons continued to pose a challenge in the administration of justice in the country.
Overcrowding (HRCSL found staff offices and the sick bay in the female section of Pademba
Road prison being used to hold prisoners), poor hygienic conditions, inadequate food, lack of
water, poor medical facilities, and lack of transportation to ferry detainees to court characterized
the prisons, which meant they were below the established national and international standards. In
the 2007 State of Human Rights in Sierra Leone report, several recommendations were made by
HRCSL on how to improve the condition of prisons nationwide. To date, some improvement has
been made by government to address overcrowding, especially at the Pademba Road Prisons
which was originally built for 350 prisoners, but currently holds 1,254 prisoners.
Water shortage in the prisons visited, and in the north, continued to be a major concern.
HRCSL, on several occasions, drew the attention of the government to the persistent water
shortage at the Pademba Road Prisons, and today there has been some improvement. In Pujehun,
during the dry season, prisoners were forced to walk long distances to fetch water. Water
shortage in prisons is a violation of the rights of prisoners, contravening rules 15 and 20 of the
Standard Minimum Rules for the Treatment of Prisoners which state that “Prisoners shall be
required to keep their persons clean through the provision of water necessary for health and
cleanliness and that “Drinking water shall be available to every prisoner whenever he needs it”.
At the national level, section 48 of the Prison Rules (No. 2) of 1961 states that; “the clothes of a
prisoner shall be changed and washed at least weekly, and bed clothes shall be washed and aired
as often as the Officer-in-Charge may direct”.
Sanitary conditions in all prisons were appalling. In the recently-rehabilitated Moyamba prison,
the visiting team of HRCSL witnessed prisoners cleaning an over-flowing cesspit with their
hands. At Pademba Road, and in Kenema and Pujehun, sanitary buckets used for attending to
nature were kept in the cells with the prisoners. In Bo Prisons, toilets and the cesspit overflowed
on several occasions. HRCSL views this situation as a health hazard. Several reports made to the
appropriate authorities by the Prisons Officers to address this terrible situation proved futile.
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Medical facilities in all prisons visited were grossly inadequate. HRCSL was informed that only
severe health cases were referred to the government hospitals. In Makeni however, HRCSL was
informed that medical supplies were provided to the prison on a quarterly basis.
Serious irregularities in food supply were observed. Prisoners reported they were fed only once a
day with poor quality food. Prison Watch noted that the delay in payment of government
contractors was the cause for the irregular food supply to various prisons. In the case of the
prison on Bonthe Island, prisoners’ food supply was deposited in Bo District for onward
transmission, which prevented the timely supply of food to the prison.
Lack of transportation for prisoners was also a problem. On a number of occasions, high risk
prisoners including condemned prisoners, especially from Bo and Makeni, were transferred by
public transport. During the period under review, prisoners in the Port Loko State Prison went on
hunger strike as a demonstration of their dissatisfaction over the failure of authorities to take
them to court.
Conditions imposed on prisoners in solitary confinement were particularly harsh. For example in
Pujehun prison, a prisoner was kept handcuffed, and at Pademba Road, prisoners slept on the
bare floor.
Also at Pademba Road Prisons, HRCSL recorded two cases of murder suspects held since 1987
and 2004 respectively, without trial or indictment; this is considered a violation of the prisoners’
right to fair trial within a reasonable time or release.
In Kabala and Pujehun prisons, detainees continued to suffer from delay in trials, due to the poor
attendance of Magistrates in the said locations. HRCSL considered this also a violation of the
prisoners’ right to fair trial.
Children of convicted lactating mothers were found in Makeni, Freetown, and Kenema Prisons,
with no special provision made for them.
Despite pressure from local and international organizations for the abolition of the death penalty,
it was still part of the laws of Sierra Leone. At the beginning of the year, 23 prisoners were on
death row; however, because the Court of Appeal allowed the appeals of eleven men who had
been sentenced to death for treason, the number was reduced to 12.
HRCSL noted the infrastructural rehabilitation of the perimeter fence and the construction of
new quarters for prison officers in Makeni, which was completed with support from the JSDP.
In Kabala prisons, through the UN Peace Building Fund, prisoners were supplied with beds,
mattresses, and other items. New prison facilities for females were constructed in Kenema and
Mattru. Prison officers also benefited from training opportunities provided by NGOs working in
the field of justice and human rights. Various prisons also received donations from voluntary
organizations and individuals.
Recommendations:
a. Government should allocate sufficient resources for the provision of food, beddings and
medicines for prison inmates in a timely manner.
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b. Government should expedite the hearing of cases of remand prisoners with the aim of
decongesting the prisons.
c. Government should encourage the use of other sentencing options as alternatives to

imprisonment.
d. Improvement in sanitary conditions should be an area for urgent action.
e. To reduce prison over crowding, Government should ensure that people are not
imprisoned for their inability to pay debt.
f. Ministry of Foreign Affairs and International Cooperation to facilitate the ratification and
domestication of the Optional Protocol to the Convention Against Torture ( OPCAT).
3.1.6.4 Juvenile Justice
Juveniles in conflict with the law continued to suffer undue delay in accessing justice. Court
cases for juveniles were delayed due to personnel and logistical constraints contravening the
provisions of the CRC and Beijing Rules. There were no dedicated courts for juvenile sittings,
and only one Magistrate presided over juvenile cases in the Western Area. Transporting juveniles
to court continued to be a major problem, as vehicles attached to the Remand Home almost
always had little or no fuel contributing to delay.
Section 24 (3) of Cap 44 of the Laws of Sierra Leone 1960, states that “a young person
sentenced to imprisonment shall, so far as circumstances permit, not be allowed to associate with
adult prisoners.” Keeping juveniles with adults also contravenes article 7 (b) 11 of the African
Charter on the Rights and Welfare of Children, and Article 10 (2)(b) 12 of the International
Covenant on Civil and Political Rights. During a visit to the Approved School, a total of 13
juveniles who had been transferred from Pademba Road Prisons to the Approved School
revealed that they had spent approximately 5 – 18 months in the adult prisons before being
transferred. Authorities contacted revealed that this was due to the limited number of detention
facilities in the country for juvenile offenders. In Makeni, a juvenile was found serving his jail
term at the police station in Rogbaneh.
Legal aid is enshrined in Section 28 (5) of the 1991 Constitution of Sierra Leone. Up to 2008
however, no legislation was in place to give effect to this right. Article 14 (3) (d) of the
International Covenant on Civil and Political Rights (ICCPR) and Article 40 (2) (b ii) 20 of the
Convention on the Rights of the Child, which Sierra Leone ratified in 1989, highlight the
importance of legal assistance and guidance for juveniles. Defense for Children International, an
11 Ensure that children are separated from adults in their place of detention or imprisonment;…
12 Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal
status.
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NGO working on juvenile justice-related issues, occasionally provided lawyers for juveniles if
informed about the matter. In some cases the Probation Officer from the MSWGCA spoke on
behalf of the juveniles. For the most part however juveniles were not provided this very
important protection.
Section 26 (1) of the Children and Young Persons Act (Cap 44) of the Laws of Sierra Leone
empowers the court “to sentence a child or a young person to the custody of an Approved School
until the child is 18 years or for any lesser period which must be greater than 2 years; if the
young person is over 16 at the time the sentence is made, that child will only be committed until
he is 18”. In 2008, there were cases at the Approved School where offenders, already above the
age of 16 years, were sentenced to between 3 and 5 years imprisonment.
In June 2008, during the presentation of the Second Periodic Report of the Sierra Leonean
delegation to the Committee on the Rights of the Child (CRC) at its 48th session, the Committee
expressed its dissatisfaction on Sierra Leone’s non-compliance with the law, and urged the State
Party to ensure that juvenile standards are fully recognized and implemented, particularly in
relation to articles 37 (b), 40 and 39 of the CRC, as well as in relation to several other
international instruments 13.
International instruments like the Beijing Rules (UN Standard Minimum Rules for the
Administration of Juvenile Justice), the Riyadh Guidelines (UN Guidelines for the Prevention of
Juvenile Delinquency), etc, make provision for rehabilitation and reintegration of juveniles
deprived of their liberty into society.
In the year under review, there were only three detention centres for juveniles throughout the
country: two Remand Homes, one located in Bo and the other in Freetown, and an Approved
School. Conditions in the detention facilities fall below the required standards.
Generally, inmates had limited or no access to facilities as required by Rule 2 (12) of the United
Nations Rules for the Protection of Juveniles deprived of their liberty. In 2008, the CRC
Committee in its 48th session, raised concerns over the country’s under-staffed and ill-equipped
Remand Homes and Approved School: little or no security, poor educational and recreational
facilities for the inmates.
The educational facilities for inmates, were assessed to be below Rule 12 standards which states
that “Juveniles detained in facilities should be guaranteed the benefit of meaningful activities and
programmes which would serve to promote and sustain their health and self-respect, to foster
their sense of responsibility and encourage those attitudes and skills that will assist them in
developing their potential as members of society”. Although classrooms were available, they
were ill-equipped and neither formal nor informal vocational training was undertaken in the
school. The Justice Sector Development Programme supplied some furniture and sewing
13 United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules)
United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)
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machines for skills training, but there were no other materials to facilitate teaching and learning.
However the government has made some strides to provide food regularly.
During an inspection visit by HRCSL to the Approved School in Freetown, a staff member of the
institution reported that they were constrained to take sick offenders for treatment to the
community clinic operated by the government, which often did not have the required drugs. In
cases, where the prescribed drugs were not available, juvenile offenders were left to their fate.
Solitary confinement is one of the main forms of discipline at the Approved School. It should be
noted that such punishment meted out to offenders is degrading and inhuman, according to Rule
67 of the UN Rules for the Protection of Juveniles Deprived of their Liberty which states that
“disciplinary measures constituting cruel and inhuman or degrading treatment, placement in dark
cells or solitary confinement or any other punishment that would compromise the physical or
mental health of the juvenile concern must not be instituted”.
At the Kingtom Remand Home, poor educational, sanitary, and health facilities, lack of
furniture, children sometimes locked up in small rooms as punishment, poor security, etc, were
all common at this facility . NGOs such as Defense for Children International and Youth for
Christ continued their support in the area of education, while GOAL, Sierra Leone, an NGO
working with street children, continued to take care of medical expenses for juvenile patients
referred to the Sierra Leone Police hospital, in certain instances.
In April 2008, HRCSL was informed by Remand Home authorities that one of the offenders had
used a rope to climb an electric pole close to the fence, and escaped. Another inmate damaged
the roof of the room, despite the availability of iron rods at the roof top, forced his way out, and
escaped.
The non-availability of Remand Homes for children in the provinces (outside of Bo) continues to
be of concern. Children in conflict with the law were held in custody with adults in deplorable
conditions, before they were sent to Freetown for trial.
Recommendations:
a. Government should ensure that jail terms for juveniles are computed in accordance
with the law to avoid over-detention of juveniles.
b. Government should provide timely transportation to facilitate the hearing of juvenile

cases in courts.
c. The Ministry of Social Welfare Gender and Children’s Affairs should ensure that
adequate provision of food, medicine, educational and recreational facilities are
provided for child offenders at the Remand Homes and Approved School.
d. Government should urgently construct one Remand Home each in the northern and
eastern provinces of the country to prevent juveniles from being detained with adults.
e. Educational facilities in Remand Homes in the Freetown and the Southern Province
should be improved and maintained in line with the required minimum standards.
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f. Vocational skills training at the Approved School must be provided to meet the
rehabilitation needs of inmates.
g. Government should take the necessary steps to ensure full implementation of the Child
Rights Act, 2007.
h. Government should fully implement the recommendations contained in the 2008

Report of the Committee on the Rights of the Child on Sierra Leone.
Rights
• The establishment of the Attitudinal and Behavioral Change (ABC) Campaign

and Secretariat is a welcome development that has potential to become a mechanism for
building a national human rights culture.
• The local government elections was another milestone in the decentralization

process, providing opportunity for fresh impetus for the delivery of basic services and
development in local communities.
• The year 2008 saw the first-ever national dialogue on disability issues. This
Achievement was as a result of sustained public advocacy on disability issues. These efforts
culminated in a national consultative conference on the rights of people with disabilities. One
object of the dialogue was to validate the draft disability policy and bill on Persons with
Disabilities. Disabled persons all over the country took the lead and participated in large
numbers, confirming that disability issues have now been accepted as part of the mainstream
national agenda.
• The appointment of a new Ombudsman signaled the revitalization of the

office, and a rekindling of public confidence in the institution. The year saw steps taken to build
the capacity of this office to address complaints of administrative injustices and
maladministration. HRCSL looks forward to a fruitful partnership with this office, which is also
an important player in the human rights landscape.
Recommendations:
a. The ABC campaign should adopt a human rights-based approach to its work, develop and
utilize human rights messages in its civic education activities, and contribute towards the
development of a National Human Rights Action Plan.
b. Civil society should ensure that disability issues are mainstreamed, build their capacities for
this purpose, and take necessary actions to make their premises, programs, and activities
genuinely accessible to Persons With Disabilities.
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3.3 Human Rights Defenders in Sierra Leone
For the most part, civil society organizations continued to operate freely, with little or no
government interference.
District Human Rights Committees were active in the various regions. They were very
instrumental in bringing to the public view, instances in which public officials violated and
individuals abused citizens’ rights. In Makeni for example, CSOs brought to the attention of the
police, a case where an under-aged girl was forced by her parents to marry a much older man. It
was an act that contravened the CRC. Cso’s also called on the police to investigate an alleged
case of police brutality.
In the eastern and southern regions, they spoke against exorbitant prices charged on by medical
officers in hospitals.
CSOs working on mining issues were instrumental in speaking up against abuses of mining
companies relating to treatment of workers and the continued destruction of arable land.
In September, HRCSL co-organized a workshop on ‘Human Rights Approach to Detention

Management’ with Prison Watch. This was in addition to an earlier training programme on
Prisons Monitoring provided by Prison Watch for HRCSL Commissioners and staff.
However, there were reports that organizations campaigning against FGC, were hampered in
carrying out their activities in Makeni and Kenema, by certain members who were opposed to
their advocacy.
Increasing regulation of NGOs by the Ministry of Finance and Development, threatened the
autonomy and independence of civil society organizations. The proposed government policy
paper on NGO registration and operations has been subject to critical review by civil society
organizations who have expressed serious concerns and made alternate proposals.
Recommendations:
a. Human rights organizations should build on their capacities to monitor and report on
human rights situation in Sierra Leone.
b. District Human Rights Committees should be empowered to function as a coordinating

and networking body for human rights organizations at district and chiefdom levels.
3.4 Important Initiatives in furtherance of the Protection and Promotion of

Human Rights
3.4.1 Implementation of the TRC Recommendations
; For the year under review, HRCSL noted the launch of the National Anti-Corruption
Strategy, the amendment to the Anti-Corruption Act and the NaCSA Act. It also noted
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the commencement of the reparations programme, as partial implementation of the TRC

recommendations.
; HRCSL observed that contrary to the TRC recommendations on reparations, the ongoing
Reparations Programme prioritises the provision of housing over payment of pensions.
; HRCSL also noted that the public apology by the President to women for the harm
suffered during the war, as recommended by the TRC, is still outstanding.
; In 2008, CSOs continued to call on government to implement the recommendations of

the TRC. “Fambul Tok’ (Family dialogue), a face-to-face community healing
programme aimed at continuing the reconciliation process begun by the TRC, was
initiated by Forum of Conscience. This programme does not only create an opportunity
for dialogue between victims and perpetrators, but it also complements NaCSA’s
Reparations Programme, especially in the area of symbolic reparations.
; The visit of Libyan President Col. Muammar Gaddaffi, sparked controversy and gave rise
to public debates on Libya’s role in the Sierra Leone conflict, and TRC’s
recommendations related to Libya. This led to increased public demand for wider
dissemination of the findings and recommendations of the TRC and its speedy
implementation.
; The international community, through the United Nations Peace Building Fund, has
provided financial support totalling three million US dollars to the Reparations
programme. This fund also allocated the sum of $1,522,055.70 for the operationalization
of the Human Rights Commission, thereby fulfilling a key imperative recommendation of
the TRC report.
Recommendations:
a. The President should make good on his commitment to set up the TRC Follow-Up
b. Government, especially the President as father of the nation, should make a public
apology to the people of Sierra Leone, and to women in particular.
c. Government should expedite the launching of the Special Fund for War Victims and
commit itself fully to the Reparations Programme especially with respect to its initial
contribution and annual budgetary allocations.
d. Government should (with reference to paragraph 413 & 432 of chpt 3, vol 2, of the TRC
report) urge Libya, Cote d’Ivoire and Burkina Faso to publicly acknowledge their roles in
promoting the RUF in Sierra Leone, and “provide monetary support to the War Victims
Fund and to support reconciliation initiatives within Sierra Leone”.
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Part 4 – Recommendations
4.1 Promotion and Protection of Human Rights

4.1.1 Civil and Political Rights
4.1.1.1 Right to Life, Liberty, and Security of the Person, and the Death Penalty
Recommendations:
a. Government must make 50% reduction of current high levels of maternal and `infant
mortality an immediate national priority. Adequate resources and efforts including the
provisions of accurate information and data to the public should be directed in achieving
this reduction in the shortest possible time.
b. Civil society organizations are encouraged to undertake research on reasons for the
persistent high levels of infant and maternal mortality and make recommendations for the
consideration of stakeholders.

throughout the country, especially for women and children.
d. Government must implement the Truth and Reconciliation Commission’s

recommendations for the abolition of the death penalty; commutation of all death
sentences to life imprisonment and continue to adhere to the moratorium on executions.
4.1.1.2 Protection from Deprivation of Property
Recommendations:
a. Government is urged to expedite the development and implementation of a properly
organized system of land transfer across the country.
b. Allocation of government land by the Ministry of Lands should be transparent and non-
discriminatory and ensure that marginalized and vulnerable groups benefit from such
allocation.
c. The Ministry of Local Government, through the Decentralization Secretariat (DecSec)

should intensify the training needs of chiefs, regarding their roles and responsibilities,
especially with regards to land management, and handling of land and property disputes.
d. In order to resolve the continued land disputes, the Ministry of Lands should review its
policies, revise them if need be, and work with other state agencies, like the police, to
ensure that the laws and policies are strictly adhered to.
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4.1.1.3 Freedom of Expression and the Press
Recommendations:
a. Government should leave the oversight and regulation of the media to the IMC and
refrain from unwarranted interference with media institutions.
b. Government should expedite the process of transforming the Sierra Leone Broadcasting
Service into an independent public service broadcasting corporation and ensure that the
process is transparent and participatory at all levels.
c. The IMC should be strengthened to supervise and monitor the operations of the media.
d. Parliament should take immediate steps to repeal the seditious libel provisions in the
Public Order Act, 1965 and enact the Freedom of Information bill.
e. Government should ensure that it strengthens accessibility and effectiveness of civil

remedies for defamation and invasion of privacy.
4.1.1.4 Freedom of Assembly/Association
Recommendations:
a. The police should be encouraged to continue to maintain independence and impartiality
at all times, and to avoid the use of force except where absolutely necessary, bearing in
mind the principle of proportionality.
b. NEC, PPRC and NCD should increase public education on political tolerance and the
right to participation in public affairs.
c. Political parties should encourage, embrace and practice pluralism and diversity.
d. PPRC should foster/encourage internal democracy and openness within political parties.
e. PPRC and political parties should ensure that their code of conduct is enforced at all
times and not only during elections.
4.1.2 Economic, Social Cultural and Rights
4.1.2.1 Right to Education
Recommendations:
a. To ensure that all children access compulsory free primary education, government should
pay all teachers, especially those in the provinces and on time.
b. Government should provide the schools with prompt and regular grants and at the same
time ensure that all unofficial school charges which undermine free primary education are
eradicated.
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c. Government should undertake intensive sensitization of the 2004 Education Act,

especially on the right of children to acquire basic education.
d. Government should enforce compulsory primary education to ensure that every child is
engaged in full time primary education. Special steps should be taken to ensure street
children and children with disabilities enjoy this right.
e. Local Councils should continue to popularize and enforce their bye–laws pertaining to
education.
f. Government should provide basic teaching and learning materials to facilitate the
teaching of disable children.
g. Government should provide training for more teachers in special needs education.
4.1.2.2 Right to Health
Recommendations:
a. Government should, as a matter of urgency, fulfill its obligation to provide the highest
attainable standard of physical and mental health for citizens.
b. Government should equip existing peripheral health clinics with the necessary drugs and
medical equipment.

throughout the country, especially for women, children, disabled and the aged.
d. Government should look into the conditions of service for medical personnel with the
aim of improving them.
e. Government should put emphasis on recruiting more qualified medical personnel.
f. Government should take action to provide free health care for pregnant women.
g. Government should put monitoring mechanisms in place to ensure the judicious use of its
resources allocated to the Ministry of Health.
h. Parliament should take immediate steps to amend the Prevention and Control of HIV&
AIDS Act 2007 to take account of gender and human rights concerns.
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4.1.2.3 Human Rights Concerns in Mining Activities
Recommendations:
a. Government should review all mining laws, policies and contracts to ensure they fulfill
and promote human rights, corporate social responsibility and the protection of
ecosystems, biodiversity and the environment.
b. Government should immediately enforce policies and laws relating to the elimination of
hazardous activities in all mining areas.
c. Government should take all steps necessary to enforce the prohibition against child
mining.
d. Government should take urgent action to provide children with educational and training
opportunities that will deter them from engaging in mining activities.
e. The employers in the mining sector should improve standards and conditions of service
of employees.
f. Government should speedily implement the recommendations of the Jenkins Johnston

Commission of Inquiry.
g. Government should ratify ILO Convention 138 (1973) concerning the minimum age for
admission to employment and ILO Convention 182 (1999) concerning the prohibition
and immediate action for the elimination of the worst forms of child labour.
4.1.3 Women’s Rights
Recommendations:
a. The Sierra Leone Police should be resourced to establish well equipped and functioning
FSUs in every Police Station in the country.
b. The Inspector General should ensure that serving police officers at all levels (including
Executive Management Board) are provided with regular and adequate training to
respond appropriately to gender-based violence issues.
c. Government should take steps to seek out and provide resources for speedy
implementation of the Strategic Roll-Out Plan for Implementation of the three Gender
laws.
d. Government should implement the 30% quota for women in politics and public office,
and ensure its inclusion in the proposed new Constitution.
e. Government should increase subvention to the MSWGCA, to respond more effectively to

women’s rights issues, particularly implementation of the concluding observations of the
CEDAW Committee.
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f. Sierra Leone Police and Ministry of Health and Sanitation should take immediate action
to improve services provided by Police Medical Officers and to ensure that all victims of
gender based violence are promptly examined and provided with medical reports free of
charge and without delay.
4.1.4 Children’s Rights
Recommendations:
a. Government should undertake an in-depth study of the phenomenon of teenage
pregnancy and all its implications, with the view to developing a comprehensive policy
and strategies for its eradication.
b. HRCSL calls for urgent united action by government, traditional leaders and
communities to address the menace of teenage pregnancy.
c. Government, communities, and schools should provide the necessary information and
support system to adolescents and teenagers to address the growing problem of teenage
pregnancy.
d. Government should take concrete steps, including consultation with stakeholders, public
education, encouragement of a non-politicized public debate and enactment of legislation
to address FGC.
e. Parliament should expedite the repeal of Section 2 (2) of the Registration of Customary
Marriage and Divorce Act 2007 that permits the marriage of persons aged below 18
years.
f. Government should take immediate action to implement the recommendations and

directions contained in the Concluding Observations of the Committee on the Rights of
the Child on the Second Periodic Report on Sierra Leone, May 2008, and also
disseminate the report widely.
4.1.5 Vulnerable Groups
4.1.5.1 Persons with Disabilities
Recommendation:
Parliament, MSWGCA and Ministry of Justice should make ratification of the
Convention on the Rights of Persons with Disabilities, enactment of the draft bill on
disability into law and the development of a costed roll-out implementation plan, a
priority for action in 2009.
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4.1.5.1.1 Access to Health
Recommendations:
a. Curriculum for the training of health workers should include sections on the special needs
of PWDs.
b. Government should prioritise training and recruitment of mental health care personnel
and increase support for this sector to ensure retention of mental health care
professionals.
c. Government should invest more resources in the prevention of diseases that cause
physical and mental disabilities.
4.1.5.1.2 Access to Education
Recommendations:
a. Government should ensure that all educational centers, both private and public, are
physically accessible to PWDs, as provided for in the CRPD, and equipped with
appropriate teaching and learning materials.
b. The government should institute a policy that will create more educational opportunities
for PWDs.
c. Government should increase the support for special needs schools, and encourage the
recruitment of Special Needs Teachers.
4.1.5.1.3 Access to Justice
Recommendations:
a. Government should ensure the inclusion of information on special needs in the training
curriculum of law enforcement agencies.
b. Government should work towards restructuring the legal system so that it will
accommodate people with people with special needs.
4.1.5.1.4 Political Participation of PWDs
Recommendations:
Government should create an environment whereby every citizen would have equal
opportunity to exercise their right to vote and equally participate in national affairs.
4.1.6 Human Rights in the Administration of Justice
4.1.6.1 The Sierra Leone Police
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Recommendations:
a. The Police should intensify community policing initiatives nationwide to deepen public
confidence.
b. Continued training should be provided to ensure that police officers maintain the highest
levels of professionalism and neutrality in carrying out their official functions, especially
at public events.
c. Government should recruit more police officers to enable the SLP to combat rising levels
of lawlessness and crime.
d. The Inspector General of Police should collaborate with HRCSL to educate the public on
citizens’ rights to demonstrate and process in public.
e. The Inspector General should direct police officers conducting investigations to detain
suspects for the shortest possible time necessary and strictly in accordance with the law.
f. Government should continue to improve the conditions of police detention facilities

across the country in line with international standards.
g. Use of force by police should be kept to a minimum, used as a last resort only when
necessary and proportional to the threat faced by the police.
h. Government with the assistance of international partners should establish a well equipped
library for use by prosecutors and investigators.
i. Government should review the Police Act of 1964, the structure and operations of the
CDIID to increase overall effectiveness, impartiality, accountability and independence of
the police.
4.1.6.2 The Court System
Recommendations:
a. Government should ensure that steps are taken to increase supervision and monitoring of
state counsel and magistrates assigned around the country.
b. Additional magistrates should be sent to other districts depending on the case load.
c. The Ministry of Local Government should intensify its training of local courts personnel
on local courts procedures and jurisdiction.
d. The Ministry of Local Government should take urgent action to curb the excesses of the
‘lesser courts’.
72
e. Government should intensify public consultation and debate on the proposed new
legislation on the local courts and expedite passage of the bill by parliament.
f. Temporary backlog courts should be re-introduced when necessary.
4.1.6.3 The Sierra Leone Prisons
Recommendations:
a. Government should allocate sufficient resources for the provision of food, beddings and
medicines for prison inmates in a timely manner.
b. Government should expedite the hearing of cases of remand prisoners with the aim of
decongesting the prisons.
c. Government should encourage the use of other sentencing options as alternatives to

imprisonment.
d. Improvement in sanitary conditions should be an area for urgent action.
e. To reduce prison over crowding, Government should ensure that people are not
imprisoned for their inability to pay debt.
f. The Ministry of Foreign Affairs and International Cooperation should facilitate the
ratification and domestication of the Optional Protocol to the Convention Against
Torture ( OPCAT).
4.1.6.4 Juvenile Justice
Recommendations:
a. Government should ensure that jail terms for juveniles are computed in accordance with
the law to avoid over-detention of juveniles.
b. Government should provide timely transportation to facilitate the hearing of juvenile

cases in courts.
c. The Ministry of Social Welfare Gender and Children’s Affairs should ensure that
adequate provision of food, medicine, educational and recreational facilities are provided
for child offenders at the Remand Homes and Approved School.
d. Government should urgently construct one Remand Home each in the Northern and
Eastern provinces of the country to prevent juveniles from being detained with adults.
e. Educational facilities in Remand Homes in the Freetown and the Southern Province
should be improved and maintained in line with the required minimum standards.
73
f. Vocational skills training at the Approved School must be provided to meet the
rehabilitation needs of the inmates.
g. Government should take the necessary steps to ensure full implementation of the Child
Rights Act 2007.
h. Government should fully implement the recommendations contained in the 2008 Report
of the Committee on the Rights of the Child on Sierra Leone.
Rights
Recommendations:
a. The ABC campaign should adopt a human rights-based approach to its work, develop and
utilize human rights messages in its civic education activities, and contribute towards the
development of a National Human Rights Action Plan.
b. Civil society should ensure that disability issues are mainstreamed, build their capacities
for this purpose, and take necessary actions to make their premises, programs, and
activities genuinely accessible to Persons With Disabilities.
4.3 Human Rights Defenders in Sierra Leone
Recommendations:
a. Human rights organizations should build on their capacities to monitor and report on
human rights situation in Sierra Leone.
b. District Human Rights Committees should be empowered to function as a coordinating

and networking body for human rights organizations at district and chiefdom levels.

Human Rights
4.4.1 Implementation of the TRC Recommendations
Recommendations:
a. The President should make good on his commitment to set up the TRC Follow-Up
b. Government, especially the President as father of the nation, should make a public
apology to the people of Sierra Leone and to women in particular.
74
c. Government should expedite the launching of the Special Fund for War Victims and
commit itself fully to the Reparations Programme especially with respect to its initial
contribution and annual budgetary allocations.
d. Government should (with reference to paragraph 413 & 432 of chpt. 3, vol. 2, of the TRC
report) urge Libya, Cote d’Ivoire and Burkina Faso to publicly acknowledge their roles in
promoting RUF in Sierra Leone, and “provide monetary support to the War Victims Fund
and to support reconciliation initiatives within Sierra Leone”.
75
FAITHFULLY SUBMITTED BY THE HUMAN RIGHTS COMMISSION OF SIERRA

LEONE
SIGNATURE
JAMESINA E. L. KING - COMMISSIONER …………………….
EDWARD SAM - COMMISSIONER …………………….
YASMIN JUSU – SHERIFF - COMMISSIONER …………………….
MOSES KHANU - COMMISSIONER …………………….
JOSEPH STANLEY - COMMISSIONER …………………….
76
Appendices
Appendix 1 HRCSL Act
THE HUMAN RIGHTS COMMISSION OF SIERRA LEONE ACT, SIGNED this 20th day of August, 2004
2004 ALHAJI AHMAD TEJAN KABBAH,
ARRANGEMENT OF SECTIONS President.
Section
PART I–PRELIMINARY
1. Interpretation No. 9 2004
PART II–ESTABLISHMENT OF COMMISSION Sierra Leone
2. Establishment of Commission.
3. Composition of Commission.
4. Tenure of members.
5. Immunity of members and staff of Commission. The Human Rights Commission of Sierra
6. Meetings of Commission.
PART III–FUNCTIONS OF COMMISSION Leone
7. Functions of Commission. Act, 2004
8. Powers of Commission.
9. Access to government offices and information.
Being an Act to establish a commission for the
10. Duty of impartiality, etc.
11. Payment of compensation to human rights victims.
protection
12. Amicus briefs by Commission. and promotion of human rights in Sierra Leone
13. Government obligation to respond to remedial actions. and to provide for
14. Independence of Commission. other related matters.
15. Commission’s rules of procedure.
16. Exclusion of jurisdiction. [26th August, 2004] Date of commencement.
17. Committees of Commission.
PART IV–ADMINISTRATIVE PROVISIONS ENACTED by the President and Members of Parliament
18. Executive Secretary and deputy.
in this
19. Other staff of Commission.
20. Decentralization.
present Parliament assembled.
21. Funds of Commission.
22. Accounts and audit.
23. Financial year of Commission
24. Annual report of Commission.
25. Amendment of Act No. 15 of 1994.
26. Regulations.
Interpretation. 1. In this Act, unless the context

2) The Commission shall be a body
otherwise requires–
corporate, having
“Chairman” means the Chairman of
Act No. 6
of 1991.
the Commission; perpetual succession and capable of
“Commission” means the Human acquiring, holding and disposing of any
Rights Commission property, whether movable or
of Sierra Leone established by section immovable, and of suing and being
2; sued in its corporate name and, subject
“Constitution” means the Constitution to this Act, of performing all such acts
of Sierra as bodies corporate may by law
Leone, 1991; perform.
“Executive Secretary” means the
Executive Secretary appointed under (3) The Commission shall have a
section 18; common seal the use of
Composition
Establishment “human rights” includes the rights which shall be authenticated by the Of Commission.
of
Commission.
relating to life, signatures of the chairman or the Vice-
liberty, equality and dignity of the Chairman and the Executive Secretary
individual or by any other members, designated in
protected or guaranteed by the
77
Constitution or that behalf by the Commission.

embodied in the international
3. (1) The Commission shall consist of
conventions, treaties
a Chairman, a Vice-Chairman and three
and other agreements to which Sierra
other members all of whom shall be
Leone is a
appointed by the President, subject to
party;
the approval of Parliament, after they
“violation” includes a contravention, a
have been selected in accordance with
negation and
the procedures prescribed in the
neglect or negligence by a public officer
Schedule.
in the
prevention of a violation; (2) The members of the Commission
“member” means a member of the shall be appointed
Commission.
from among persons –
(a) of high moral probity who have so
PART II–ESTABLISHMENT OF distinguished themselves in their
COMMISSION respective fields as to command the
2. (1) There is hereby established a respect of the public;
commission to be known as the Human
Rights Commission of Sierra Leone. (b) of proven record of respect for, and
interest
in human rights;
(c) well-versed in the rights contained
in Chapter
III of the Constitution and familiar with
the international conventions, treaties
and other agreements relating to human
rights:
Provided that the members shall
include at least two lawyers and two
women.
(3) Where a temporary vacancy occurs in (f) the member resigns by written notice
the membership of the Commission addressed to the President;
because of the death, disability, (g) the member is dismissed or removed
resignation or dismissal of a member, the in accordance with the conditions
President shall appoint a replacement stipulated in subsection (7) of section
from 137 of the Constitution as if he were a
among the short-listed persons Judge of the
Tenure of considered by the Selection Panel Superior Court of Judicature.
members referred to in the Schedule, taking into (4) The members of the Commission,
account the proviso to subsection (2). including the
4. (1) The Chairman, the Vice-Chairman Chairman and Vice-Chairman , shall
and other members of the Commission work full-time and shall be paid such
shall hold office in their personal salaries, allowances and other benefits as
capacities for a period of five years and shall be determined by Parliament: Immunity of
shall be eligible for reappointment for Provided that the salary, allowances or members and
another period of five years, but no other benefit of a staff of
person shall be eligible for member shall not be altered to his Commission.
reappointment disadvantage during his term of office. Tenure of
after the expiration of a second term of 5. No action, suit or other legal members.
office. proceeding shall lie against any person
(2) A member shall, after his who is or was a member or employee of
appointment has been the Commission in respect of any
78
approved by Parliament, relinquish any decision taken or any act done or omitted
other post or appointment, whether in the to be done in good faith in the
Government, the Judiciary, as a Member performance of any function under this
of Parliament or in any other Act. Meetings of
employment. 6. (1) The Commission shall meet at Commission.
(3) A vacancy in the Commission shall such time and place as the Chairman
occur if– shall determine.
(a) a member’s term expires, whether (2) At a meeting of the Commission
initially or where he is present,
after reappointment; the Chairman shall preside and, in his
(b) a member dies or is so physically or absence, the Vice-Chairman or other
mentally member elected by the members present
incapacitated as to be unable to perform shall preside.
the (3) The quorum at a meeting of the
functions of his office; Commission shall be
(c) a member becomes bankrupt or three.
insolvent; (4) Each member shall have one vote but
(d) the member wilfully fails or refuses in the case of an equality of votes, the
to Chairman or person presiding shall have
participate in the work of the a casting vote.
Commission
without due cause;
(e) the member becomes a member of a
political party;
(5) The Commission may at any time co- (b) promote respect for human rights,
opt any person through –
to advise or otherwise assist the (i) public awareness and education
Commission at any of its meetings but the programmes aimed at creating a culture
person coopted shall not vote on any of human rights in Sierra Leone;
matter for decision by the Commission. (ii) providing human rights information,
(6) All acts, matters or things authorized including locating within the
or required to Commission a national human rights
be done by the Commission shall be resource and documentation centre;
decided at a meeting where a quorum is (iii) publishing guidelines, manuals and
present and the decision is supported by other materials explaining the
the votes of at least three members. obligations of public officials in the
(7) Any proposal circulated among all protection of human rights;
members and (iv) effective co-operation with
agreed to in writing by three members nongovernmental
shall be of the same force or effect as a organisations and other
decision made at a duly constituted public - interest bodies engaged in the
meeting of the Commission and shall be field of human rights;
incorporated in the minutes of the next (c) review existing legislation and advise
succeeding meeting of the Commission:– the
Provided that, if a member requires that Government concerning compliance by
Functions of
Commission.
such proposal be placed before a meeting such
of the Commission, this subsection shall legislation with the obligations of Sierra
not apply to such proposal. Leone under international treaties or
(8) The Commission shall cause minutes agreements;
of all of its (d) advise the Government concerning
meetings to be taken and kept as a public draft
record. legislation, which may affect human rights;
(e) advise Government concerning
PART III–FUNCTIONS OF preparation
COMMISSION of periodic reports required by
7. (1) The object for which the international
79
Commission is established is the human rights treaties or agreements to

protection and promotion of human rights which Sierra Leone is a party;
in Sierra Leone.
(2) Without prejudice to the generality of
subsection (1),
it shall be the function of the Commission
to–
(a) investigate or inquire into on its own
or on complaint by any person any
allegations of human rights violations and
to report thereon in writing;
(f) monitor and document (2) The oath or affirmation referred to in

violations of human rights in paragraph (a) of subsection (l) shall be
Sierra Leone; administered by the Chairman or any other
(g) publish an annual report on member or staff of the Commission authorized
the State of Human Rights in in that behalf by the Chairman.
Powers of
Commission.
Sierra Leone. (3) Any person who is aggrieved by any
decision of the Access to
8. (1) For the purposes of any Commission made in a report under paragraph Government
investigation under this Act, the (a) of sub-section (2) of section 7, may appeal to offices and
information.
Commission shall have– the Supreme Court against such decision.
(a) such powers, rights and 9. (1) A member of the Commission or any Duty of
privileges as are vested in the person authorized in that behalf by such impartiality, etc.
High Court of Justice or a judge member, shall have access to all government
thereof in a trial in respect of – offices, facilities and places of detention,
(i) enforcing the attendance of including prisons, police cells, remand homes
witnesses and examining them and probation facilities, in order to investigate a
on oath, affirmation or human rights matter initiated by the
otherwise; and Commission or brought to the attention of the
(ii) compelling the production Commission as well as access to any non-
of documents and other things; classified information in government
and documents.
(iii) the issue of a commission (2) Where the President certifies that the giving
or request to examine witnesses of any
abroad; and the Rules of Court information or the answering of any question or
shall, with the necessary the production of any document or thing might
modification, apply to the prejudice the security or defence of Sierra
exercise of the powers, rights Leone, the prevention, investigation or detection
and privileges of the of offences, or the proceedings of Cabinet
Commission conferred by this relating to matters of a secret or confidential
subsection; nature, or that the disclosure would be injurious
(b) the power to issue or make to the public interest, the Commission shall
orders or directions to enforce have the power to refer the matter concerned to
its decisions, including the Supreme Court, which shall determine
measures to protect the life and whether
safety of an individual and free the document or other information shall be
medical treatment where disclosed, produced or withheld.
necessary; (3) Subject to subsection (2), nothing in any law
(c) power to refer to the High which
Court for contempt authorizes or requires the withholding of any
any person who refuses, document, or the refusal to answer any question
without justifiable on the ground that the production of the
cause, to comply with a document or the answering of the question
decision, direction or order would be injurious to the public interest shall
apply to any investigation or inquiry by the
Commission.
80
10. (1) The Commission shall–

(a) be impartial and fair in the (a) the filing of human rights complaints by
conduct of any investigation or victims, legal representatives or families of
inquiry under this Act; victims, state or non-state or any other party or
(b) report in writing the result of member of the public;
the investigation or inquiry; and (b) the admissibility of complaints;
(c) furnish in the report, the (c) the proof of facts;
reasons for the conclusions (d) examination of witnesses;
reached or reported. (e) representation by legal practitioners, and
(2) In publishing the report of other related matters;
Payment of
compensation
any investigation, the (f) the payment of any compensation under
to human Commission shall have due section 11 and the rendering of financial
rights victims. regard to the rights of those assistance, including legal aid, to indigent
affected, including their rights to citizens of Sierra Leone who are victims of Exclusion of
Jurisdiction
privacy. human rights violations.
Amicus briefs 11. It shall be lawful for the 16. The Commission’s power of investigation
by Commission in its report on an under this Act shall not include the
Commission. investigation, to recommend the investigation of any matter–
payment of compensation for (a) pending before, or already decided by a
victims of human rights court of competent jurisdiction; or
Committees
violations, their families or legal (b) involving any human rights violation that of Commmission.
representatives and also to occurred before the coming into operation of
Government
obligation to
award costs in appropriate cases. this Act.
respond to 12. The Commission may, 17. (1) For the efficient performance of its
remedial where it finds it necessary, functions and so
actions. appoint a legal practitioner of as to facilitate a thorough study and research
not less than five years’ into all the substantive
Independence standing, to intervene, with issues within its jurisdiction, the Commission
of leave of the court, in legal shall appoint at least
Commission. proceedings in cases which four committees each headed by a member of
involve human rights issues the Commission wellversed
Commission’s over which the Commission has in the subject-matter assigned to the committee
rules of competence concerned,
procedure. but such intervention shall be including a committee for the promotion and
restricted to issuing amicus protection of the human rights of women and
curiae briefs dealing with the children.
matter in question.
13. The Government shall
respond publicly and within 21
days to the specific case as well
as in the more general finding,
conclusion, recommendation or
other decision made by the
Commission as the
remedy for a violation of human
rights.
14. Except as otherwise
provided in this Act, in the
exercise of its functions under
this Act, the Commission shall
not be subject to the control or
direction of any person or
authority.
15. The Commission may, by
statutory instrument, make rules
of procedure, consistent with the
81
rules of natural justice, for the

conduct of investigations or
inquiries into human rights,
including-
(2) A committee appointed under subsection (a) the day-to-day administration of the
(l) shall Commission;
consist of persons with the relevant (b) the supervision and discipline of the
knowledge and experience in the subject other
matter assigned to the committee and may staff of the Commission;
invite to its meetings specialists in various (c) the arrangement of the business and
human rights fields either as resource the
persons or in such other capacity as the recording and keeping of the minutes of
committee shall determine the
(3) Any report issued by any committee of meetings of the Commission;
the Commission (d) the initiation and maintenance of
Executive shall, after consideration and authorization high-level
Secretary by the Commission, be considered an contacts or relations with local interest
and deputy.
official report of the Commission. groups and international human rights
bodies
PART IV–ADMINISTRATIVE or institutions, and
PROVISIONS (e) performance of such other functions
18. (1) The Commission shall have an as the
Executive Secretary Commission may assign to him.
who shall be appointed by the Commission (5) The Executive Secretary shall attend
after consultation with the Public Service all substantive
Commission. meetings and deliberations of the
(2) The Executive Secretary shall hold Commission but shall not be entitled Other staff of
office for a term of to vote. Commission
five years upon such terms and conditions as (6) In the performance of his functions
shall be determined by the Commission and under this Act,
shall be eligible for reappointment for one the Executive Secretary shall be
term only of another five years but no assisted principally by a Deputy
person shall be appointed Executive Executive Secretary who shall be
Secretary unless he has– appointed by the Commission upon
(a) formal qualification in any profession such terms and conditions as shall be
relevant or appropriate to the functions of determined by the Commission.
the Commission; and 19. (1) The Commission shall have, in
(b) such proven ability in public addition to the
administration and management as the Executive Secretary and the Deputy
Commission may determine. Executive Secretary, such other staff,
(3) The Executive Secretary shall not be including a wide variety of
removed from professionals and support staff, as may
office, except for reasons which would be required for the efficient
justify his removal from the public service. performance of the Commission’s
(4) The Executive Secretary shall be functions, the number of which shall be
responsible to the Commission for– determined by the Commission, taking
into account the budget at the disposal
of the Commission.
82
(2) The Commission may delegate to 22. (1) The Commission shall keep Accounts and
audit.
the Executive proper books of account and proper
Secretary power for the appointment records in relation to them in a form
of such grade or categories of staff as approved by the Auditor-General.
the Commission may determine. (2) The books of account kept under
20. (1) The Commission shall, when subsection (l) shall
Decentralization. funds become available therefore, within three months after the end of each Financial year
Of
establish offices in each provincial financial year, be audited by the Auditor- Commission.
headquarters, headed by senior General or an auditor appointed by him.
officials of the Commission 23. The financial year of the Annual report
designated by the Executive Secretary Commission shall be the same as the of
Commission.
for the purpose. financial year of the Government.
(2) It shall be the responsibility of 24. (1) The Commission shall, within
each provincial office three months after the end of each
to gather information on the human financial year, submit a report of its
rights situation in the province, accept activities to the President and Parliament
and process complaints for the to be entitled “The State of Human
consideration of the Commission and Rights in Sierra Leone” which shall
undertake, in collaboration with other contain details of–
interested parties, the human rights (a) the ways in which the fundamental
promotion activities in the province. rights and freedoms contained in the
Funds of (3) One member of the Commission Constitution and in the international and
Commission.
shall be charged with responsibility regional agreements to which Sierra
for coordinating the work of the Leone is a party have been observed or
provincial offices and shall, after violated;
consultation with the heads of the (b) the steps taken by the Commission to
provincial offices and the Executive respect, protect and fulfil human rights,
Secretary, ensure effective including results of individual
coordination between the complaints investigated and
provincial offices and the national interventions and recommendations
headquarters. made by the Commission or by any of its
21. The activities of the Commission committees in respect of matters brought
shall be financed by a fund consisting before them.
of–
(a) moneys appropriated by Parliament
for the
purposes of the Commission; and
(b) gifts, grants or donations from any
person or
authority but only if they are not likely
to
compromise the independence of the
Commission.
(2) Any report submitted under subsection The President, through the Attorney-General
(l) shall and Minister of Justice, shall invite
Amendment thereafter be published for the information nominations from the public. The list of
of Act No. of the public. nominees shall go through a selection panel
15of 1994. 25. The National Commission for comprising one representative from the
Democracy and Human Government and each of the following
Rights Act, 1994 is amended– umbrella organizations;
(a) by the repeal and replacement of the (a) Inter-Religious Council;
short (b) National Forum for Human Rights;
title thereof with the following:– (c) Civil Society Movement;
Regulations. “The National Commission for Democracy (d) Council of Paramount Chiefs;
83
Act, (e) Sierra Leone Women’s Forum; and

1994"; (f) Sierra Leone Labour Congress.
(b) by the repeal and replacement of the The selection panel shall include at least two
long women. Each member of the selection panel
title with the following:– shall short-list one candidate. The name of
“Being an Act to establish the National the 7 short-listed candidates shall be
Commission published in the Gazette and two weeks later,
for Democracy and to provide for other the selection panel shall invite the President
related to appoint 5 of the short-listed candidates for
matters”; approval by Parliament.
(c) in subsection (l) of section 3, by the In selecting persons for appointment by the
repeal of President, the selection panel shall give
paragraphs (e) and (f). consideration to equitable gender and
26. The Commission may, by statutory regional representation. At least two
instrument, make regulations for giving members of the Commission should be
effect to this Act. women.
Members of the Commission must be people
S C H E D U L E (Section 3 (1)) well-versed in the rights contained in
Procedure for the Appointment of Members Chapter III of the Constitution of Sierra
of Commission. Leone and familiar with international
The appointment of the members of the instruments relating to human rights. At least
Commission shall follow the following two of the members must be lawyers.
procedure:–
Once the five members of the Commission

appointed by the President have been approved by
Parliament their names shall be published in the
Gazette.
Upon the appointment of the members of the
Commission they shall assemble to elect by simple
majority from among themselves a Chairman and
Vice-Chairman.
Passed in Parliament this 30th day of July, in the
year of our Lord two thousand and four.
J. A. CARPENTER,
Clerk of Parliament.
THIS PRINTED IMPRESSION has been carefully compared

by me with the Bill which has passed Parliament
and found by me to be a true and correct printed
copy of the said Bill.
J. A. CARPENTER,
Clerk of Parliament.
84
Appendix 2
Human Rights Commission of Sierra Leone
List of Staff Recruited in 2008
Name Designation Date Started

1. Vandie Nabie Director CILS * 01/02/08
2. Sylvia George-Williams Director ECT 01/02/08
3. Ebun Thorpe Director Fin & Admin 01/07/08
4. Pastor Mohamed K. Beah Human Resource Officer 01/02/08
5. Ibrahim Bangura Senior Human Rights Officer * 01/02/08
6. Joe Patrick Amara Programme Officer * 01/02/08
7. Lucian P.S. Caulker Complaints Registrar 01/02/08
8. Henry M. Sheku Public Information Officer 01/02/08
9. Sidney Harding Accounts Officer * 1/03/2008
10. Samuella J. Conteh Senior Administrative Assistant 01/04/08
11. Annisatu Sesay Administrative Assistant 01/04/08
12. Cyphas Williams Human Rights Officer -South 01/04/08
13. Joseph Conteh Human Rights Officer-East 01/04/08
14. Richard T. M’Bayo Human Rights Officer 01/04/08
15. Abdulai Y. Bangura Human Rights Officer-North 01/04/08
16. Clifford B. Morgan Human Rights Officer-West 01/04/08
17. Patricia Ndanema Human Rights Officer 01/04/08
18. Sonnia Kabba Human Rights Officer 01/04/08
19. Mohamed T. Fofanah Human Rights Officer 01/04/08
20. Hassan S. Yarjah Human Rights Officer 01/04/08
21. Gloria E.M. Bayoh Gender & Child Rights Officer 02/06/08
22. Patrick James Taylor Different Abilities & Non-Discrimination 02/06/08
Officer
23. Josephine Thompson –Shaw Truth & Reconciliation Liaison Officer 02/06/08
24. Abdul Latiff Bakarr Bailiff/Office Assistant * 02/06/08
25. Hassan Bangura Office Assistant 02/06/08
26. Lahai Koroma Driver 02/06/08
27. Ibrahim B.S. Kamara Driver 02/06/08
28. Ibrahim Kamara Driver 02/06/08
29. Ibrahim Barrie Driver 02/06/08
30. Mohamed L Jalloh Driver 02/06/08
31. Abu Bakarr Kamara Lib./Archivist 1/09/08
32. Moses S. Kallon Driver 1/12/08
85
Resignations:
1. Ibrahim Bangura, Senior Human Rights Officer - 2008
2. Sidney Harding, Accounts Officer - 2008
3. Joe Patrick Amara, Programme Officer - 2009
4. Vandie Nabie, Director-CILS - 2009
5. Abdul Latiff Bakarr, Bailiff/Office Assistant - 2009.
86
Appendix 3
WORKING VISIT OF THE HUMAN RIGHTS COMMISSION TO H.E. THE

PRESIDENT DR. ERNEST BAI KOROMA ON 17TH OCTOBER 2008 AT STATE
HOUSE
YOUR EXCELLENCY,
The Human Rights Commission of Sierra Leone is pleased to pay another working visit to you
today. Unfortunately one of the Commissioners Rev. Moses Khanu is unavoidably absent as he
is hospitalized. We are sure that you join us in wishing him a speedy recovery.
Let me start by expressing the Commission’s appreciation to you for making time to meet and
talk with us. You will recall that we were here last year in October for a similar working visit and
it is the Commission’s hope that we are now establishing a trend and tradition of such regular
working visits at least once in every year. We will of course call on you on other occasions
during the year as the exigencies of the time and our statutory obligations require but we look
forward to meeting with you in October each year for frank discussions on human rights issues.
For today’s visit we start by introducing to you, Commissioner Aliro Omara of the Uganda
Human Rights Commission who is now with us as an Institutional Development Adviser.
Commissioner Omara has a wealth of experience having served in his Commission for about 10
years, he is also no stranger to the Human Rights Commission of Sierra Leone as he has been
involved and was here representing the OHCHR during the selection process of Commissioners
and in March 2007 he also conducted a two week induction training for Commissioners in
Makomp Lunsar after we were sworn in office. His presence here is supported by the
UNPBF/HRCSL PBF Project.
Another important purpose of our visit is to once again to call on the government to immediately
set up the TRC Follow Up Committee. This is even more crucial at this stage as NACSA is in the
process of implementing the reparations program. As a Commission we have been to a certain
extent carrying out some of the functions of the TRC Follow Up committee in terms of
nationwide advocacy on the recommendations; and, in collaboration with UNIOSIL we
organized, last year, a national consultative meeting on the status of implementation of the
recommendations, and consultations with stakeholders within government and civil society to
ensure implementation. Internally we have recruited a TRC Liaison Officer, volunteered to host
the TRC Follow Up Secretariat within our premises and taken custody of the TRC Archives and
the TRC National Vision exhibits. However, notwithstanding the above, we have repeatedly
called on the past government as well as your government to formally establish the TRC Follow
Up Committee which we believe is essential for successful implementation of the TRC
recommendations in addition to being a legal requirement provided for in section 18 of the TRC
Act 2000 and an Imperative recommendation of the TRC that can be found in paragraph 548 at
page 204 in Volume II of the TRC Report.
87
According to the TRC Report the composition of the Committee should comprise the HRCSL,
representatives of the Togolese government, the U.N, the African Union, ECOWAS,
Commonwealth of Nations and 4 representatives of Civil Society Organizations including at
least one woman and a youth representative. As a Commission we are willing in collaboration
with other interested partners to organize a consultative meeting of Civil Society Organizations
early next year so that the 4 representatives of CSOs could be selected. In addition, in
collaboration with the Ministry of Foreign Affairs, we are willing to contact the Togo
government, the UN, ECOWAS and Commonwealth for the names of their representatives and
will submit a report to you with all the names so that a date can be fixed for the formal ceremony
to set up the Follow Up Committee.
The HRCSL has some serious concerns on one or two areas of the current NACSA led
Reparations plan as we note that the provision of pensions recommended by the TRC has been
deferred in favour of prioritizing the provision of houses which was not a recommendation of the
TRC Reparations Program. The Commission will be drawing the attention of NACSA and the
Reparations Steering Committee to this and other concerns.
As indicated earlier, we also wish to have a discussion with you on the human rights situation in
the country. In this regard, the Commission will like to focus particularly on matters that arise
from the continuing detention and pending prosecution of a number of nationals and non
nationals arising from an alleged drug trafficking incident in July 2008. Several issues are raised;
the supremacy of the Rule of law, the treatment of detainees, the security of the state and
judicial, law enforcement and prisons department personnel, protection of welfare, rights and
privileges of convicted prisoners and the role of the Legislature, Executive and Judiciary in
assuring the application of the provisions of the entrenched clauses in Chapter III of the
Constitution.
In this light, the Commission is of the view that the matter involving alleged cocaine traffickers
should be addressed using a human rights-based approach and in coming to any decisions, the
following universal principles should be followed:
1. The Rule of Law is paramount and any act undermining the Rule of Law amounts to a
violation of human rights;
2. No one should be charged for an offence that did not exist in law at the date the
alleged offence was committed.
3. The principle of Non-Discrimination should be upheld: All suspects and accused

persons should be given the same treatment. There should not be differential
treatment between citizens and non-citizens;
4. Every person has the right to know the precise nature of the charge being brought
against him and to be tried within reasonable time;
5. No one is above the law and in any criminal matter, every person against whom there
is sufficient evidence is liable to be charged to court, regardless of nationality, status
or connections;
88
6. All rights are equal and indivisible: the rights and security of the cocaine trafficking
suspects cannot be a justification for deprivation or violation of the human rights and
privileges of prisoners and inmates of Pademba Road Prison and the general public;
7. Law enforcement personnel and judicial staff should be fully secured and protected in
carrying out their functions; and,
8. The international community has the same and equal responsibility as the State of
Sierra Leone to promote and protect human rights therefore when required,
international resources and facilities should be made available to the government of
Sierra Leone to protect and promote human rights.
Your Excellency Sir, unfortunately women continue to face insecurity through rape, domestic
violence and other forms of physical abuse. The constant subjection of women to assault,
victimization and stigmatization has been a trend that is of serious concern to the Commission.
Unfortunately, silence and impunity are on the rise mainly because of limited access to justice
for women and extra judicial settlement between the victims’ families and perpetrators. This
again leads to impunity and perpetrates a vicious cycle of violence against women.
The Commission therefore calls on His Excellency to strengthen our capacity to implement the
Gender Justice Laws throughout the country and to investigate and document all cases of
violence against women.
We also want to discuss the all important issue of sustainability of the work of this Commission
and to update you on some of its key activities. As you know, the Commission is one of the
beneficiaries of the UNPBF and has according to our records, has uniquely achieved 97% level
of implementation of the HRCSL/UNPBF project. We are on course to conclude implementation
on time by 31st December this year. Our success will mean that next year we require new funds
to continue our work or else we risk disappointing the public and de-motivating our young staff
who are doing so well. We therefore ask you to intervene to ensure the Commission is given the
tools we need to do the work required to promote and protect human rights.
Your Excellency Sir I must commend you on your excellent and wide ranging speech to
Parliament last Friday even though I must also express our Commissions disappointment at the
fact that there was no mention of the Commission’s activities particularly the publication of the
maiden edition of its State of Human Rights Report in 2007 which is the first in the history of
Sierra Leone. As you know Sierra Leone is subject of constant assessment and report by external
actors and we believe that our indigenous effort as a national Commission should always be
given the appropriate attention and profile it deserves. Upon enquiry we learnt that this omission
was due to some administrative lapses as we did not receive the request that was sent to all
institutions for contributions to the speech. I will like to inform you that this Report already
presented to the Speaker will be laid before Parliament for debate in the coming weeks.
The Commission welcomes your government intention to embark on a number of development

projects aimed at attracting private investments which this country needs. Whilst welcoming
89
these noble goals the Commission will call on government to always be mindful and adopt the
human rights based approach to development which will not isolate or dehumanize or
marginalize citizens particularly the poor and helpless of this country. We must not overlook the
zeal of public officials and their agents when embarking on implementation which sometimes
deprives and violates the rights of individuals. The Commission is willing to work with the
government in a spirit of co-operation to ensure that human rights are promoted and protected at
all times.
In the same vein we wish to inform you about the recent publication of Statutory Instrument
No.14 of 2008 which is the Commissions Complaints Investigations and Inquiry Rules 2008
which will govern the Commissions investigations into complaints of human rights violations.
Violations as defined by the act include a negation, neglect or negligence by a public officer in
the prevention of the violation of a person’s human rights. We undertake to discharge our duties
in investigating complaints in a fair, judicial and impartial manner and trust that our
recommendations will be implemented so that the rights of individuals guaranteed in the
Constitution and international treaties relating to life, liberty, equality and dignity of the
individuals are enjoyed and appropriate remedies provided to victims of human rights violations.
This year to celebrate international human rights day on the 10th December , we will be having
joint celebrations with Anti-Corruption Commission who will also be celebrating Anti-
Corruption Day on 9th December with a series of activities in all four regions on the theme “the
Importance of the fight against corruption in achieving human rights”. We would really like to
have your government participation in those programs at the highest level and in this vein
HRCSL and ACC are inviting your Excellency to participate in the celebration activity in Bonthe
on the 9th, and the Vice President to participate in the activity in Tambaka Chiefdom on the 10t.h.
In closing HRCSL affirms our determination to our statutory mission and our willingness to
cooperate with all who share this vision for a better Sierra Leone
90
Appendix 4
List of CSOs the Commission Worked With
1. United Nations Populations fund

2. Center for Victims of Torture
3. Legal Access Through Women Yearning for Equality Rights and Social Justice
4. Society for Democratic Initiatives
5. Campaign for Good Governance
6. Pen Writers
7. Mano River Women Peace Network
8. Network of Women Members of Parliament
9. Sport Writers Association Sierra Leone
10. National AIDS Secretariat
11. Women in the Media Sierra Leone
12. Inter Religious Council
13. Sierra Leone Court Monitoring Programme
14. Advocacy Movement Network
15. Green Scenery
16. Amnesty International
17. West Africa Network for Peace Building
18. Prison Watch Sierra Leone
19. Forum of Conscience
20. Network Movement for Justice and Development.
21. National Forum for Human Rights
22. District Human Rights Committees (in all 12 districts)
23. International Rescue Committee
24. Defence for Children International
25. Faith Alliance Against Slavery and Trafficking
26. National Elections Watch
27. Sierra Leone Alliance Against Hunger
28. Young Men’s Christian Association
29. Sierra Leone Association of the Blind
List of Institutions That Participated in HRCSL’s Radio Programs
1. Ministry of Information and Communication

2. Save the Children
3. Law Reform Commission
4. UNICEF
5. Coalition for Justice and Accountability
6. Amnesty International
7. International Rescue Committee
8. NacSA (Reparations Programme)
91
9. Sierra Leone Association of Journalists

10. Prison Watch –Sierra Leone
11. Republic of Sierra Leone Military Forces
12. National Commission for Democracy
13. Sierra Leone Police (Family Support Unit)
14. The Judiciary
15. Disability Awareness Action Group
16. Anti-Corruption Commission
17. Sierra Leone Prisons
92
Appendix 5
Letter of Appreciation from Prisons Director
93
Appendix 6
Important Visitors to the Commission
DATE NAME INSTITUTION TITLE

1 22/5/08 Harro Adt EUROPEAN Special Rep. Of The EU to the Mano
River Basin
2 22/5/08 Rolf Saligmann German Embassy Ambassador
3 22/5/08 Hans Allden Head of delegation European Commission Delegation
4 05/6/08 Tshepo Madlirgoz University of Pretoria Senior Lecturer
Faculty Of Law
5 05/6/08 Agwinaldo Mandlate University of Pretoria Masters Student ,Faculty Of Law
Center For Human Rights
6 05/6/08 Mesenbet Assefa University of Pretoria Faculty Of Law
7 05/6/08 Japheth Biego University of Pretoria Faculty Of Law
8 05/6/08 Adda Ajua University of Pretoria Faculty Of Law
9 05/6/08 University of Pretoria Faculty Of Law
10 05/6/08 Todd Fernandez
11 Bondo R. Dwokapa University of Pretoria Faculty Of Law
12 05/06/08 Tania Martins Fidalgo European masters in MA Student
Venice
13 05/06/08 Uluni Clare University Of Pretoria LLM Student
14 05/6/08 Bareebe Rosemary Center For Human LLM Student
Ngabirano Rights , Pretoria
15 05/6/08 Mohamed Farah Heni Center For Human LLM Student
Rights , Pretoria
16 05/6/08 Hannes Myburgh Pretoria South Africa Journalism Student
17 05/6/08 Rhoda Igweta Center For Human LLM Student & Work With The
Rights , Pretoria Kenya-KNCHR
18 11/6/08 Katia Veibiest Center For Victims Of Clinician
Torture (CVT)
19 09/07/08 Michael UN ERSG
V,D,Schulenburg
20 11/7/08 Alejandro Avarez UN BCPR,UNDP
21 11/7/08 Shibani Manotra UN BCPR,UNDP
22 16/7/08 Robert UN Programme Evaluation Officer
Mc Couch
23 04/08/08 Rachael Hastings YHRI Photographer
24 04/08/08 Sammy Jacobs YHRI Project Director -Sub-Saharan
Africa
25 04/08/08 David Mendegila YHRI Programme Director , Sierra Leone
94
26 04/08/08 Timothy Bowles YHRI Director For International

Development
27 04/08/08 Joseph Yarsiah YHRI Regional Director ,West Africa
28 19/08/08 Sarah Margon US Senate Legal Assistant / Foreign Policy
Adviser
29 19/08/08 Shannon Smith US Senate Senate Foreign Relations
Committee.
30 28/10.08 Ojok Boniface Acholi Cultural Cultural Minister And Researcher
Institute ,Uganda
31 28/10.08 Okidi Christopher Gulu University Guild President
32 28/10.08 Aloyo Innocent Justice And Peace Programme Officer – Peace
Jessica Commission Building
Gulu Arch-Diocese
33 28/10.08 Violet Fofanah Finance Conciliation Resources
34 28/10.08 Tolit Atiya Charles Justice And Peace Executive Secretary
Commission
Gulu Arch-Diocese
35 28/10.08 Odong M P Eric Gulu District NGO Project Officer
Forum
36 28/10.08 Okello Moses Information For Youth Project Manager
Rubangangeyo Empowerment
Programme
37 28/10.08 Sofia Goinhas Conciliation Resources West Africa Programme Director
38 28/10.08 Melissa Jones Conciliation Resources Communications
39 28/10.08 Bryna Hallam Journalist For Human Trainer
Rights
40 28/10.08 Kidega Richard Justice And Peace
Commission Programme Officer
Gulu Arch-Diocese
41 28/10.08 Timothy Lubanga Office Of The Prime Ag. Assistant Commissioner
Kanuge Minister In The
Government Of
Uganda
95
Appendix 7
Sample Press Release
96
Appendix 8
Samples of Press Clippings
97
Appendix 9 Summary of HRCSL Budget
HUMAN RIGHTS COMMISSION OF SIERRA LEONE

SUMMARY OF FINANCIAL REPORT FOR THE PERIOD
JANUARY 2008 TO DECEMBER 2008
LEONES DOLLARS
FUNDS RECEIVED :
GOVERNMENT 538,129,000.00 183,037.07
UNDP / PBF 3,431,291,992.80 1,167,106.12
TOTAL 4,036,189,092.80 1,372,853.43

FUNDS DISBURSED
AS FOLLOWS:
SALARIES AND
ALLOWANCES 1,151,846,349.00 391,784.47
INCOME TAX (
PAYE ) 165,055,041.00 56,141.17
NASSIT 76,964,808.00 26,178.51

RENTS FOR HEAD AND
REGIONAL OFFICES 182,526,607.20 62,083.88
ADMINISTRATI
VE EXPENSES 218,892,498.40 74,453.23
COMMUNICATION & PUBLIC
EDUCATION 124,203,008.80 42,245.92
PROGRAMMES
CARRIED OUT :
STAFF
TRAINING 53,358,207.00 18,149.05
TRAINING OF
TRADITIONAL LEADERS 44,482,611.60 15,130.14
INVESTIGATIO
NS 30,022,310.20 10,211.67
MONITORING 82,923,582.00 28,205.30

PUBLIC
EDUCATION 153,117,405.00 52,080.75
ESTABLISHMENT OF THE
REGIONAL OFFICES :
TRANSPORTING OF
EQUIPMENT AND
OPENING OF THE OFFICES 29,419,992.00 10,006.80

CONSULTANCY
SERVICES
ENGAGED 396,257,521.80 134,781.47
98
VARIOUS
ASSETS
ACQUIRED 1,272,757,705.60 432,910.78
TOTAL 3,981,827,647.60 1,354,363.15
99

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The State of Human Rights in Sierra Leone

Human Rights Commission of Sierra Leone (HRCSL)

ABC - Attitudinal and Behavioral Change

NACE - National Advocacy Coalition on Extractives

Part 1: Background and Historical Context ……………………………………… 13

Part 2: Activities of HRCSL ………………………………………………………… 18

Part 3: The State of Human Rights in Sierra Leone ………………………………… 38

3.1.2.3 Right to Health………………………………………………… 44

Part 4: Recommendations ………………..…………………………………………… 66

4.1.5.1.3 Access to Justice………………………………………………… 71

4.1.6 Human Rights in the Administration of Justice………………………………. 72

The report is presented in four parts:

Key Challenges and Recommendations

Human Rights Challenges

b. Substantial human rights challenges in the administration of justice, conditions of prisons

This report catalogues strides HRCSL took in meeting its targets

Jamesina King (Mrs)

Executive Secretary’s Review

The institutional and human resource capacity building of HRCSL progressed

Jamesina King – Chairperson

Edward Sam – Vice Chairperson

Yasmin Jusu -Sheriff – Commissioner

Joseph F. Stanley – Commissioner

Moses Khanu – Commissioner

Abraham John – Executive Secretary

Part I: Background and Historical Context

1.2 Bringing The Commission into Operation

In its first year, HRCSL took steps to access government

In 2007, the Commission received subvention from the

1.3 Vision, Mission and Core Values

Professionalism encompassing discipline, competence, dependability,

Service with humility

Independence including fairness, objectivity, impartiality

Inclusiveness ensuring diversity

Accessibility covering empathy, tolerance, understanding

Accountability embracing honesty

1.4 Mandate of the HRCSL

Investigate or inquire into complaints of human rights violations;

1 See appendix to this report

Cooperate with institutions including public interest bodies, Non Governmental

Monitor draft legislation, policies, programs and administrative practices to ensure

Monitor and document violations of human rights in Sierra Leone;

Publish an annual report on the State of Human Rights in Sierra Leone;

Relationship with the Courts

Powers of the HRCSL

enforce the attendance of witnesses and examining them on oath,

payment of compensation to victims of human rights violations, their families or legal

Part 2: Activities of the Commission

2.2 Capacity Building of HRCSL

Towards the end of the year, all HRCSL staff

2.2.1 HRCSL’s Administration and Finances

Unfortunately, none of the several funding proposals submitted by HRCSL to development

During HRCSL’s visits to diplomatic missions, it received a donation of Le150,000.00 (one

2.3 Working with the Government of Sierra Leone

2.4. Strategic Interactions

• Engagement with Parliament

• Engagement with Other Commissions

; National Electoral Commission (NEC) - HRCSL’s Commissioners and staff participated

; National Commission For Democracy (NCD) – participated in NCD’s television

; Anti Corruption Commission (ACC) – joint nationwide celebrations of 2008 ‘World

• Collaboration with Civil Society Organisations

• Collaboration with Other Partners

• Strategic Interaction with NHRIs