ISSUE 9 VOLUME 1 YEAR 2014

Sierra Leone Constitutional Monthly Newsletter Review September 2014

FEATURED STORIES

● Despite Ebola outbreak & Proclamation of Emergency, CRC continues to reach key stakeholders - Pg. 1 The Ebola Virus Disease (EVD) is ravaging the Government Ministries, institutions and ● Secretariat and Sub-committees hold socio-economic and political and landscape of the Commissions frank discussions on the way forward - Republic of Sierra Leone. The outbreak which Pg. 2 dawned on the country in May 2014 abruptly So far CRC Sub-committees have consulted more disrupted national processes like the than an hundred government bodies and ● Legislative Sub-committee intensifies Constitutional Review Process and the National institutions to solicit their opinion on the draft Stakeholders’ Consultations in the Housing and Population Census. constitution and 2008 report. The CRC work has Western Area - Pg. 2 attracted major stakeholders and so far thirty five In a bid to contain the epidemic, the President, Dr position papers have been submitted by political ● Capacitating the Constitutional Review Ernest Bai Koroma invoked a State of Public parties, CSOs, lobby groups and major public Committee (CRC) & Staff - Pg. 3 Emergency limiting all forms of public gathering institutions such as Judiciary, Election save those on Ebola related issues. Commission, Public Service Commission, ● IEC Sub-committee consults the National Independent Media Commission, and National Telecommunications Commission Despite limited mobility and constrains, the CRC Federation of Farmers of Sierra Leone (NAFFSL), (NATCOM) - Pg. 4 decided to continue its consultation with key The National Association of Tenants- Sierra Leone, stakeholders. Pursuant to that, consultative Development Initiative For Community ● Judiciary sub-committee consults the meetings with sub-committees held in early Empowerment & Promotion Of Human Rights, Judiciary, Ministry of Justice and the September, CRC members discussed the way Women's Forum, Bank of Sierra Leone, The Prisons Service - Pg. 4 forward on the review process, challenges facing Ministry of Social Welfare Gender and Children's the CRC and to consolidate the gains made so far. Affairs and etc. ● Conference of Principals appeals for representation at the CRC - Pg. 6 Since domestic moment and large scale With support from UNDP, CRC also has received gatherings are limited due to public health ● SLBC appeals for the Enshrinement of the number of substantive peer reviewed reports from emergency, the CRC sub-committees have University of Oxford, Faculty of Law, UNHCR, Corporation into the revised Constitution intensified their outreach and consultation International Legal resource Center of American - Pg. 6 meetings with key stakeholders such as CSOs, . Bar Association and analysis from top experts. ● WAEC impressed with the CRC - Pg. 7

● Tribal Heads pledge their support to the Constitutional Review Process - Pg. 7

● We need a Ministry of Disability Issues in the revised Constitution - Persons with Disability - Pg. 8

● US Embassy pays courtesy call on the Chairman of CRC - Pg. 8

● The need for Natural Resource protection in the Constitution - Pg. 9 CRC Members visiting Armed Forces Head Quarter for Consultation on the draft Constitution ● Local Government sub-committee consults Prisons Service - Pg. 9 CRC Newsletter - September 2014 1 BACKGROUND A general Agenda run through all the meetings but an in depth analysis of the The Ebola Virus Disease (EVD) is ravaging proceedings as captured during the individual the socio-economic, political and social meetings has been catalogued in this report. fabrics of the Republic of Sierra Leone. The The Chairman of the Legislative Sub- outbreak which dawned on the country in May Committee of the Constitutional Review NATURAL RESOURCES AND THE 2014 abruptly disrupted national processes Committee, Hon Justice Tolla Thompson on like the Constitutional Review Process and ENVIRONMENT SUB-COMMITTEE Tuesday 12th August 2014 admonished Staff of the National Housing and Population Census. the Political Party Registration Commission Prior to the outbreak, the Constitutional As per schedule, the Natural Resources and (PPRC) to take the Constitutional Review Review Committee (CRC) was seriously the Environment subcommittee held a Process very serious. This process he says is constrained to execute its mandate due to meeting with Secretariat on Monday seeking to get a constitution that is owned by delays in the release of funds from the central September 1, 2014. With 8 members present, the people of Sierra Leone. Government. Chairman Cowan justified the purpose of the Hon Justice Thompson, who is also the meeting which he said was to update In a bid to contain the epidemic, the President, Chairman of the PPRC, says the sub- members about the current status of the Dr Ernest Bai Koroma invoked a State of committee is charged with the responsibility of review process. CRC Chairman, Justice Public Emergency banning all forms of public reviewing areas of the 1991 constitution Edmond Cowan informed members that the dealing with the legislature. gathering save those on Ebola related issues. CRC has allocated 4 Hilux Vans to the Pursuant to that, the CRC Secretariat initiated Ministry of Health and Sanitation as On the same day, the Committee also visited the idea of consulting the CRC members on requested by the Central Government to aid the National Public Procurement Authority the way forward on the review process, (NPPA), National Electoral Commission (NEC) the fight against the Ebola Virus Disease challenges facing the CRC and to consolidate and Office of National Security (ONS). (EVD). the gains made so far. In line with the Meanwhile between August/September, the proclamation of the emergency regulation, Committee has also visited the Office of the The following formed the basis of the Vice President, Parliament, Ministry of individual meetings with the various discussions: Defence, Ministry of Foreign Affairs, Ministry of subcommittees were preferred to a plenary Internal Affairs and the Sierra Leone State which would inevitably attract huge gatherings Four interns and an Expert in Lottery. that might contravene the spirit and intent of constitutionalism, Michael Massaquoi were the Government Order. This culminated in introduced to the Subcommittee ISSUES HIGHLIGHTED individual subcommittee meetings where members of the CRC deliberated on issues · Voting Age/ Age to be voted for as Member hampering their performance as Committee of Parliament members. · The President as a Member of Parliament GENERAL OVERVIEW · Penalty for impersonation in Parliament

The meetings were held from Monday · Civil Servant resignation before contesting September 1-16, 2014 at the conference an election and Civil Servants to be allowed room of the CRC Secretariat in Freetown. The to go back to work if he/she losses an last meeting was held on Tuesday September election 16, 2014. All the meetings were chaired by · Development of Foreign policy etc. The Justice Edmond Cowan, the Chairman of the Sub-Committee on Natural Resources distribution of questionnaires formed the Constitutional Review Committee (CRC) but high point of the meetings. the proceedings were led by the Chief The Natural Resources subcommittee was Technical Adviser (CTA) to the CRC, requested to produce a report of their Sanaullah Baloch. Issues ranging from the activities in the last couple of months not only State of Public Emergency to the challenges to archive those information but also to facing the CRC operations were adequately garner materials for the September Edition of discussed to the satisfaction of members the monthly Newsletter. present. Each member of the Committee had ample time to make contributions during the LEGISLATIVE SUBCOMMITTEE meetings since the meetings were limited to only their subcommittees comprising of not A meeting of the Legislative Subcommittee more than 12 persons each. Similar was held on Tuesday 2nd September, 2014 at sentiments were expressed by members the Secretariat. Members of the Executive Committee engaging the Ministry of present based on their previous consultations subcommittee were given the unhindered Foreign Affairs and International Cooperation with stakeholders. A package (Folders) access to discuss issues that were containing all position papers that were in the hampering the smooth execution of their possession of the Secretariat were presented duties. to all members present. Continue on Page 3

CRC Newsletter - September 2014 2 CRC members were encouraged to read a lot of literature on constitutionalism to better equip In its efforts to enhance the skills of the staff themselves for the task ahead. team at the Constitutional Review Secretariat, UNDP has rolled out series of in-house training A recommendation was made by one of the that would build on existing skills of staff committee members for the embossment of members,and to better understand their the Public Submission Forms into Braille to respective roles in maintaining quality service accord persons with disability the opportunity delivery. to contribute meaningfully to the process. The training covers key areas of the various roles of staff at the Secretariat such as Communication and Media, Information Technology, Procurement and Accounting, Legislative Sub-Committee Members Coordination and Archiving. These included but not limited to the following:

Identification of individuals in the Public Submission Forms is discretional.

The CTA promised to make available a glossary of entrenched and non entrenched clauses for the edification of CRC members. Executive Sub-Committee Members Justice Tolla-Thompson said the meetings with senior management staff of Ministries, STATE POLICY AND HUMAN RIGHTS Departments and Agencies (MDAs) were not SUBCOMMITTEE only productive but fruitful owing to their enthusiasm to contribute to the process. The meeting of this subcommittee was also Training on Procurement held on the 8th September, 2014. There were He implored CRC members to exercise about 8 members of the subcommittee in that patience whilst discharging their duties during meeting. The CRC Chairman Justice Edmond Continue on Page 10 the trying times that the country is presently Cowan informed them about the status quo. going through. RESEARCH SUB-COMMITTEE The meeting resolved a lot of other issues similar to the concerns expressed by other subcommittees Wednesday 3rd September, 2014, the Research subcommittee which is charged with the responsibility of conducting research on constitutionalism presented their challenges to the Members were advised to visit the Secretariat Secretariat and the CRC whenever the need arises so that they could Chairman. execute their duties efficiently and effectively. Meetings were also held with the Information, The CTA informed Education and Communication subcommittee, members that the Ebola the Judiciary subcommittee and the local outbreak could not permit Government and other ancillary branches of the CRC to engage in the government. nationwide consultations as planned. A good number of other suggestions and In that meeting the recommendations were agreed upon. These Committee resolved that included but not limited to the following: the CRC must provide the necessary materials ● The provision of computers, Internet, and needed for the other office equipment to aid the work of furtherance of the work of the CRC members. the Research Committee. ● The Secretariat should provide the Research Sub-Committee Members contacts of Ministries, Department and Agencies (MDAs) and Civil Society EXECUTIVE SUBCOMMITTEE Organizations (CSOs) to heads of Subcommittees for improved Their meeting was held on Monday September 8, 2014 at the Secretariat of the CRC. Members coordination of consultations. were delighted about the face to face dialogue with Chairman and the Secretariat. In that meeting ● Letters must be written to the parent the following resolutions were made for the smooth operation of the work of the Executive institutions of non-conforming CRC subcommittee in particular and the CRC in general. members to arouse their interest in the process. That henceforth the sub-committees must choose their panelists for the SLBC TV programmes ● Soft copies of all position papers must be for better coordination. presented to CRC members because some members were more comfortable That the CRC members must not be dictating to the public what should be included in the revised working on their computers. constitution but should allow open, free and frank discussions. Continue on Page 5 CRC Newsletter - September 2014 3 Members of the Information, Education and Communications (IEC) The telecoms regulatory body which was born out of the Subcommittee of the Constitutional Review Committee (CRC) held consultations National Telecommunications Act of 2006 was itself reviewing with the National Telecommunications Commission (NATCOM) not only to solicit its act to bring it to terms with current technological their aspirations for the reviewed Constitution but also to solicit their cooperation advancements. They believed that nationalism and patriotism in a national assignment of such magnitude. demands that they make meaningful contributions to the CRC.

The consultation which was done on Friday September 12, 2014 was part of the Western Area Stakeholders’ Consultations which were being done partly to engage key stakeholders during a difficult period in the country’s history but more importantly as part of an overall strategy to capture the thoughts of institutions for the revised document.

NATCOM’s Deputy Director General stated that they felt gratified to be consulted by the CRC to make fruitful contributions to the review process, noting that they were fully following developments as they unfold in that important process.“There are recommendations that we can make individually, but others we can’t until we discuss with line Ministries, Departments and Agencies.” Noted Senessie Kallon.

An integrated, comprehensive and well researched Position Paper would inevitably place the country’s only telecommunications regulatory body in a better stead to firmly regularize the information and Communications Technology (ICT) infrastructure even if it would mean overhauling the systems. The interactive discussion between NATCOM and CRC was an eye-opener to the institution, not only does it arouse their interest in the process, it equally dispel fears that the contributions of institutions were not significant to the process. IEC sub-committee with NATCOM Staff

NATCOM was established to regulate the telecoms sector, protect consumer interest and ensure fair competition among service providers.

The Judiciary sub-committee of the from various courts, the Deputy Master and Constitutional Review Committee has visited Registrar and Magistrates. key institutions including the Judiciary, Ministry of Justice, the Sierra Leone Police and the The Subcommittee had a fruitful and fulfilling Sierra Leone Prisons Service. The meeting with the Judiciary team. The session consultations were held from August 19-24, included a brief synopsis of the Committee’s 2014. task and open discussions in areas that were of interest to their institution whilst going At the Ministry of Justice, the team was received through the themes in the Public Submission by the Permanent Secretary and a group of Form. In conclusion, copies of the working Senior Counsel including the Ag. Director of documents which included the submission Judiciary sub-committee members at the office Public Prosecutions and other members of the forms, the joint document of the Constitution of the Chief Justice Ministry. and the Peter Tucker Report were given to At the Sierra Leone Prisons Service, Messers them and the Chairman thanked the Chief Victor Horton and Francis Keili met with the The main purpose of the meeting was to consult Justice and her team for hosting the meeting senior management of the SLPS. The thrust of with the workers of the Ministry and sensitize and informed them that a detailed report of the meeting was to explain and deliver the them about the sub-committee’s work whilst their submission is to be sent to the CRC. introducing the submission forms in the submission forms that were designed by the sub-committee. The team spent about two hours process. They had a very interactive session At the Sierra Leone Police and Sierra Leone with the Prisons Management explaining the going through the submission forms with them. Prisons Service, the team was cordially thematic questions. At the end of the consultations, the chairman received by the hierarchy of the SLP and was encouraged and informed the Ministry’s accorded the opportunity of explaining the Having gone through the questions, the representatives that they were expected to purpose of the visit and also took them through submission forms were left with the Prisons compile and forward a detailed report to the the submission forms which they were management to answer and fill and a one week CRC. supposed to answer. time lapse was accorded to them. At the Judiciary, The Hon. Chief Justice The session was followed by questions and They duly filled the questionnaires and welcomed the sub-Committee which included clarifications. Hon Justice V.V. Thomas, Ms. R.B. Cowan and forwarded them to the team for onward Mr. Morgan to her conference room where the submission to the Chair of the sub-committee.

CRC Newsletter - September 2014 4 the Chairman CRC, Justice Edmond Cowan The Sub-committee was requested to and the Chief Technical Adviser (CTA) provide progressive report of their prior together with the Executive Secretary, engagements with stakeholders for inclusion Samuel Coker were in attendance. into the September Newsletter and archives. The usual briefing about the Ebola and its impact on the process was discussed. LOCAL GOVERNMENT AND OTHER Chairman Cowan welcomed all and informed ANCILLARY BRANCHES OF them that the Public Submission Forms had GOVERNMENT SUBCOMMITTEE been distributed to Ministries, Departments and Agencies (MDAs) and Civil Society Individual silent prayers were immediately Organizations (CSOs). At the end of the followed by the routine updates about the State Policy Sub-Committee Members meeting the following decisions were made. impact of the Ebola Virus Disease (EVD) and the State of Public Emergency on the review INFORMATION, EDUCATION AND CRC members were requested to identify process of Sierra Leone. The meeting which COMMUNICATIONS SUBCOMMITTEE experts in various fields who would be was held on Friday September 5th 2014 was interested in the process to provide legal, The meeting which took place on Tuesday witnessed by the Chairman of the Local administrative and professional consultancies September 2, 2014 started with individual Government Subcommittee who doubles as to the CRC. silent prayers. The Chairman of the CRC did the Chairman of the National Commission for the routine updates about the postponement Democracy (NCD) Dr Abu Bakarr Kargbo, That the SLBC programmes must be better of the widely anticipated nationwide former Minister of Local Government, coordinated to serve its intended purpose. consultations due to the Ebola Virus Disease Ambassador Dauda Sulaiman Kamara and Additional 40,000 copies of the Public and the subsequent promulgation of the State others. Submission Forms would be printed very soon of Public Emergency. for distribution nationwide. Like the other subcommittees, the following The Sub-committee emphatically stated that were agreed upon at the end of the meeting: Letters should be sent to CRC members of the the meetings were crucial for the sustenance Judiciary Subcommittee who were constantly of the review process noting that the absence The Local Government Subcommittee absenting themselves from the process, not of such coordination might reduce the should seek views and aspirations from only to arouse their interest but to ensure that relevance of a national process like the people about the whole constitution, they their institutions were adequately represented. Constitutional Review. Like many other sub- must not limit their engagement to only committees, the IEC noted the reluctance of issues relating to their area of consultations. Consultations had been done with some some public officials to discuss issues that The rationale was that the CRC was institutions already; these included the they want reviewed in the Constitution. reviewing the whole constitution and not just following, the Judiciary, Law Reform an aspect of it. Commission, the Prisons Service and the Sierra Leone Police. The issue of the Presenters at the Sierra Leone Broadcasting Corporation (SLBC TV) More Subcommittee members must be was lengthily discussed and it was resolved included in the stakeholders’ consultations to that discussions be held with SLBC for the give credence to the overall national process. provision of seasoned Anchormen to moderate the CRC hour.

It was also noted that the Local Government Subcommittee had not done enough outreach programmes so they must speedily develop a list of stakeholders for IEC Sub-Committee Members consultations. The following issues and concerns were deliberated and agreed upon by all present:

The National Commission for Democracy Judiciary Sub-Committee Members (NCD), with support from UNDP, was producing jingles and other literature in the CONCLUSION local languages so it was needless for the IEC committee to develop such. More than 60 members of the CRC attended the various meetings at subcommittee level. The IEC sub-committee could use local They expressed dismay over the Ebola languages of communities to communicate Local Government and other Ancillary branches Outbreak but expressed optimism that the to people in the provinces whenever the of Government Sub-Committee Members process would be widely consultative when it need arises. kicks up in earnest. Members recommended JUDICIARY SUBCOMMITTEE that such meetings be held from time to time The IEC sub-committee discouraged the not only to discuss issues of prime importance idea of coercing members of the public from Their meeting was held on Tuesday September to the CRC but also to devise strategies by making contributions if they were not 16, 2014 at the Secretariat, the Chairman of the which the work of the CRC could be simplified. inclined to make such. Subcommittee, Justice Valesius Thomas,

CRC Newsletter - September 2014 5 The Chairman of the Conference of Principals The exclusion of their constituency in such a of Secondary Schools, Western Area says the national encounter speaks volume about the Government must think seriously about the seeming insignificance of their contributions to inclusion of a representative of the the task ahead but it was not too late to right the wrongs, noted one of the Principals. Despite Conference in the Review Committee of their absence in the Constitutional Review Sierra Leone’s 1991 Constitution. Committee, the Conference promised to consult their members for an holistic Position to Sylvester Meheux made the plea when the be presented to the CRC. Information, Education and Communications (IEC) Subcommittee of the Constitutional They made a number of suggestions which IEC sub-committee members and the chairman of Review Committee (CRC) consulted them at they thought were critical for the furtherance of the Conference of Principals of Secondary Schools the Government Rokel Secondary School, on education in the country which included but not limited to the following: ● The elimination of the double shift system Tuesday September 16, 2014. and the re-introduction of the single shift. ● The CRC must entrench the right to ● Basic education must be made free and Whilst thanking the CRC for the visitations, Mr education. compulsory to give access to the less Meheux questioned the yardstick used for the ● The Government must reintroduce the privileged children and low income families. selection of CRC members noting that they former system of education since the 6334 didn’t understand how such an indispensable has contributed to the relegation of Members of the IEC Subcommittee of the CRC sector like the Conference could be left out in education in the country. thanked the Conference and assured them ● Teachers must be recruited in a timely the Review Committee. Not even the Sierra that once those concerns were documented in manner and the payment of their salaries a Position Paper, the CRC would carefully Leone Teachers Union (SLTU) had a done promptly. analyze them and act accordingly. representative in the CRC. ● Priority should be given to basic education to cater for the needs of majority of the population.

“The biggest thing that can happen to the No other institution could have better Sierra Leone Broadcasting Corporation articulated the issues surrounding the (SLBC) in this review process of Sierra review process than the Corporation, which Leone’s Constitution is the enshrinement of was awarded the contract to implement the SLBC into the revised constitution.” outreach strategy of the CRC. SLBC’s Head of Administration and Finance, Mr. Sowa These were the words of the Estate Manager appealed to CRC to make recommendations of SLBC, Bamidele Bailey, to the Information, that would contribute to the gross national Education and Communications Sub- happiness of the people, stressing that they committee of the 1991 Sierra Leone were not making laws for themselves but the Constitution Review Committee (CRC) during people of Sierra Leone who owned the a stakeholder’s consultation held at the sovereignty of the nation. Corporation’s Conference Room on Tuesday IEC sub-committee members and staff of SLBC September 16, 2014. Members of the IEC Subcommittee led by funded by the Government, why not the the Chairman expressed satisfaction about The enshrinement of SLBC into the SLBC.” They queried. the reception accorded the CRC whilst Constitution was premised on the justification simultaneously assuring the SLBC that the that successive governments could not easily The visit of the Committee charged with the reviewed constitution would undoubtedly dissolve the establishment to suit their responsibility of reviewing the nation’s 23 year reflect the mandate of Sierra Leoneans as convenience owing to the fact that it would old Constitution, could not have been done at the recommendations would be firmly rooted have been guaranteed by statute. a more opportune time when the 4 year old in the nationwide consultations. Morlai Corporation was still staggering to gain a Conteh cited the ongoing stakeholders’ Staff of SLBC lamented the absence of a footing after its transformation from a consultation as evidence to the fact that the clearly defined source of revenue generation Broadcasting Service to a Corporation. CRC would not be reviewing the constitution in the Act that established their office noting in isolation but in consonance with the that that poses a serious threat to the The Estate Manager, Mr Bailey further noted dictates of those who rightfully posses the continued existence and independence of the the following: “There is a dire need to protect power to do such. institution. “If the Audit Service Sierra Leone the assets and liabilities of the Corporation could maintain its independence and due to the seeming confusion that surrounds objectivity, even though it is being ownership of the property at Leicester Peak and other areas.”

CRC Newsletter - September 2014 6 The atmosphere was gloomy for a gathering of that nature. The The separation of the Ministry of Education, to form a Ministry hardworking staff of the West African Examinations Council (WAEC) of Basic and Secondary Education and Ministry of was in attendance save for those who were ill-disposed or absent from Technical/Vocational and Tertiary Education. There should be work. If the large number of staff that turned up for the consultations a conscious effort to focus on early childhood education whilst does not signify the importance the Council attaches to the process, the simultaneously improving teacher training to meet the needs presence of the Head of National Office does. and demands of such.

Sheriff Mohamed Sapateh welcomed the Information, Education and The need to entrench the curriculum to discourage the Communications (IEC) Subcommittee at a time when, as he puts it, “the introduction of policies that have the propensity to derail the country was at a standstill”. The recognition of WAEC by a national educational system by successive governments citing the shift institution charged with the responsibility of reviewing the country’s from 6334 to 6344. statute was a laudable venture, not because they were participating but because that was the first time they were being consulted for such processes.

As citizens, WAEC’s Head of National Office, Mr Sapateh emphasized that they had a crucial role to play in the overall governance of the state even if they were at the tail end of the governance structure.

The Chairman of the Subcommittee on Information, Education and Communications (IEC), Morlai Conteh thanked the Examinations Council for the massive turn-out of staff noting that that was the most impressive gathering they had had since the start of the stakeholders consultations. “We are here to seek your views and aspirations for the revision of Sierra Leone’s Constitution, to hold frank discussions with you and to make a conscious effort to elicit information from you on what you want to see in the revised document.” The IEC Subcommittee Chair concluded. IEC sub-committee members and staff of WAEC

CRC’s Head of Outreach, Mohamed Faray Kargbo admonished the The enactment of a Teaching Service Commission. WAEC to develop a Position Paper that would encompass their The introduction of a National Youth Scheme to cater for the aspirations for the new Constitution, stressing that many other large chunk of graduates that the Universities turn out without organizations had done same. any hope of securing a job or placement in a work environment. The Examination Council promised to develop and present a A good number of recommendations were discussed during the meeting Position Paper to the CRC sooner than later which would including but not limited to the following: encapsulate their wishes and aspirations for Sierra Leone in the reviewed Constitution.

Tribal Heads in the Western Area have pledged their support to the Constitutional Review Committee (CRC) for the production of a Constitution that will stamp the mandate of the citizens of Sierra Leone.

In a consultative meeting with the State Policy and Human Rights Subcommittee of the CRC, the tribal heads promised to provide genuine and sincere inputs into the process partly because they are citizens of Sierra Leone but more importantly because they are leaders of their people.

One of the tribal heads, Chief S.O. Gbeki said that they were neglected initially when the Constitutional Review Process started. “We own the various tribes in the city, not only do people see us as their paramount chiefs but also graciously look up to us for leadership.” The Head concluded.

The State Policy and Human Rights Subcommittee apologized for the non-inclusion of Tribal Heads in the Committee but promised to involve them in future activities. Encouraging the Tribal Heads to develop a Position Paper and filling the Public Submission Forms was perhaps the best outcome of that engagement.

CRC Newsletter - September 2014 7 A cross section of the Sierra Leone Union on The destiny of 15% of the West African Disability Issues (SLUDI) has appealed for Nation’s 6 Million people hangs on a balance; the creation of a Ministry of Disability Issues their only hope is now firmly rooted in the in the revised Constitution of Sierra Leone. outcome of the review process. The The Disability Rights Group, one of the most expectations of this vulnerable segment of active in the country, stressed that the society are high. Maybe higher than what enactment of such a statute would inevitably their two representatives on the 80 persons reduce the indiscriminate discrimination and CRC, Kabba Franklyn Bangura and Vandy stigmatization against persons living with Konneh, could deliver in a setting where disability. votes determine decisions.

In an initial consultation with SLUDI by Their abysmal absence in Governance members of the Information, Education and positions speaks volume about the level of Communications (IEC) Sub-committee of the marginalization that disabled people suffer. Constitutional Review Committee (CRC) at They lack any iota of confidence that the only Members of SLUDI their Tower Hill offices in Freetown on visually impaired Cabinet Minister; Mustapha Tuesday September 30, 2014, the Group Bai Attilla might not lose his position soon. Departments and Agencies (MDAs) also appealed for the enshrinement of the Their only representative in the legislative including the private sector would not be National Commission for Persons with arm of Government during the 2007-2012 limited to urban but the rural areas as well. Disability into the Constitution. Electoral cycle, Julius Nye-Cuffie, was denied the ruling party symbol in the 2012 No better institution could have adequately “The absence of the Disability Act in the Parliamentary Elections resulting in zero articulated the inadequacies of the visually Constitution leaves us at the mercy of the representation in the House of impaired than the only Braille production Powers that be, though it was created by Representatives. As the review process institution in the Country, the Educational Parliament, it can as well be dissolved by unfolds, “a secured way of avoiding a Centre for the Blind and Visually Impaired them. But a single clause in the Constitution recurrence of that unfortunate scenario is the (ECBVI) pioneered by Thomas Allieu, guarantees us that the Commission is provision of 5 safe seats for People Living himself a visually impaired person. An perpetual.” Noted SLUDI’s Secretary with Disability in the revised Constitution,” earlier consultation with them reinforced the General, Mohamed Bangali Mansaray. they told the CRC. issues already discussed. They couldn’t request for anything less than the funding of With over 20 years of activism, the umbrella If any group of people saw the review of Special Needs Education including those for Disability Rights Organization stood a better Sierra Leone’s 23 year old Supreme Law as the visually impaired, sign language for the chance of articulating the wishes and an opportunity to overhaul their low socio- deaf and dumb and accessible educational aspirations of their constituents not least economic, political and cultural status, facilities for the crippled. because they were going through similar persons with disability are first among equals. experiences. Little wonder they unanimously Such is the desperation of their situation that The demands of the disability community agitated for the extension of the Free Health their advocacy drive for the legislation of a were numerous to be quantified in a single Care and free education to all Persons Living specific number of employment opportunities report. Suffice it to say that the task ahead with Disability. for disabled persons in all Ministries, of the two disabled persons at the CRC is

Political Specialist, Abdul Kpakra Massally and Political Officer, Lauren Shelton were pleased to meet the Chairman of the CRC, Justice Edmond Cowan at the CRC Secretariat on Wednesday October 1, 2014 where they asked various questions relating to the methodology the CRC would be using to make recommendations for constitutional change. The significance and methodology of holding the referendum, the status of the review process, among other issues.

Responding, Chairman Cowan stated that the CRC will collect views from stakeholders and the public; collate and analyze those suggestions and make recommendations in a plenary. The Government he said, can’t mutilate the views of citizens to suit their convenience lest the document stood the risk of being rejected by the people.

Justice Edmond Cowan emphasized that sovereignty belonged to the people: “Most countries are moving away from the elitist model of constitution making to a more democratic model because the former had failed nations.” He went further, “We will Officials from the Political Section of the Embassy of the seek the views of Sierra Leoneans living abroad if the funds are available to the CRC.” United States of America in Freetown Wednesday visited the Chairman of the Constitutional Review Committee The team assured the Chairman of CRC that the US Embassy in Freetown was (CRC) to seek first hand information about developments prepared to co-operate with the Committee especially with the attachment of a new in the review process since it was launched in July 2013. ambassador to the embassy.

CRC Newsletter - September 2014 8 “Climate change should now be a human rights issue,” these were the words of the Executive Director of Environmental Protection Agency (EPA) to the Land, Natural Resources and the Environment Subcommittee of the Constitutional Review Committee (CRC).

Whilst welcoming the subcommittee, Jatou Jallow spoke about the silence of the extant Constitution on natural resource management and the willingness of EPA to add their voice for the creation of a new chapter in the Supreme Law that deals with same.

The Environmental Protection Agency is one among many institutions that the Natural Resources Subcommittee had consulted within the last couple of months. From the Maritime Wing of the Republic of Sierra Leone Armed Forces to the 3rd infantry Brigade, the issues were not dissimilar.

Depletion, encroachment, deforestation, hazardous logging, unregulated fishing, among others, were identified as those debilitating the gainful use of the nation’s natural resources. Such is the crisis facing Sierra Leone that members of the CRC thought Natural Resources sub-committee members and staff of EPA it fit to form a subcommittee charged with the responsibility of consulting various stakeholders for the incorporation of a specific If anything was to be left out of their recommendations, it won’t be the manner chapter in the revised constitution dealing with natural resources. of awarding contracts to foreign mining companies. Citizens have witnessed the abuse of their rights by multi-national institutions such that the diamonds, The destiny of 6 Million people lies in the judicious use of a little gold, iron ore, bauxite and other resources have not reflected on the over 27,000 Square miles of land and other resources. Members livelihood of the people. of the Republic of Sierra Leone Armed Forces made some recommendations for constitutional change including the need for The Land, Natural Resources and the Environment Subcommittee had a lot proper health care for the military, the revision of Military Aid to on the table if they are to succeed in recommending a new chapter on the Civil Power (MACP), changing the maritime wing to the navy and subject matter. the need for the parliamentary oversight committee to regulate military barracks.

determine the destiny of the nation.”

An article published in the June 2014 Edition of the Centre for Accountability and Rule of Law (CARL) Newsletter titled, “The Sierra Leone Prisons Service- Behind Bars-Is additional funding a remedy,” summarized the challenges of that institution in the following lines:

“There are still the perennial problems of inadequate funding, perceived political interference, too many adjournments and bottlenecks in trial proceedings, leading to a huge backlog of cases, and accused detained for an unconscionable amount of time. The ramifications of these setbacks are most considerably felt by the Prisons department.”

The prison officers were more than prepared to contribute to the review process; this was not only spoken by the Assistant Director of Prisons but also displayed by their enthusiastic responses. “The incorporation of provisions into the revised constitution that would improve the current conditions of the department could be the best thing that can happen to them.” The Assistant Director concluded. Dr. Abu Bakarr Kargbo, Chairman Local Government and other Ancillary branches of Government The challenges of the Sierra Leone Prisons Department are insurmountable There they stood, at the conference room of their Headquarters, for an institution that has been in existence for over a century, maintained waiting patiently for the arrival of the Subcommittee that was the organization’s Public Relations Officer, Mohamed Jimmy. Nothing worst charged with the task of reviewing the local government and other could happen to the Pademba Road maximum prison, a facility meant for ancillary branches of government sections of Sierra Leone’s most only 300 inmates now caters for over 1,500. prestigious document. The consultation with the Sierra Leone Prisons Service was fruitful to say the The visitation from the Constitutional Review Committee held a least. The Commission to review the Constitution of Sierra Leone (Peter sacred place in the events of the Sierra Leone Prisons Department. Tucker) Report recommended the establishment of a Prisons Service That was the first time a national institution of such stature was Council. Accompanying the Local Government Subcommittee were the consulting them to get their input into, “a document that will Executive and the State Policy and Human Rights Subcommittees. CRC Newsletter - September 2014 9 The two- day training for twenty members of staff is one of several skills improvement training initiatives designed by United Nations Development Programme targeting both staff and Committee members to further improve their performance. Commenting on the significance of the training, the UNDP Chief Technical Adviser to the CRC, Sanaullah Baloch said the training is designed to help staff at the CRC develop new skills in their respective roles so that they can support the Committee to produce a quality work.

He said Committee members will also benefit from future training, adding the capacity Building Adviser of the CRC is currently putting together an expert roster of people with technical background, particularly in the thematic areas such as natural resources, Judiciary, Executive, Legislative, Human Rights, etc to deliver papers in these areas for the benefit of the Committee members.

In another development, UNDP in partnership with the National Youth Commission has surged staff capacity by recruiting five interns who have been assigned to various sub-Committees to support them with their work that includes outreach activities, research, collating key Training Session - Dr. Victor Massaquoi delivering materials/information, data management among others.

The Chairman of the CRC, Justice Cowan lauded the efforts of the UNDP, and urged them to continue to support the CRC in that direction so that they in turn can produce a quality document that reflects the views and aspirations of the people of Sierra Leone.

Meanwhile the CRC continues to engage key stakeholders at low key across line ministries, private sector, and agencies in Freetown since it couldn’t conduct outreach activities on a mass scale due to the Ebola outbreak. The CRC has been covering the Ebola outbreak in its daily TV and radio discussions to complement the Government efforts in raising awareness about the disease. Together We Can Help Fight Ebola

CRC Partners

Sanaullah Baloch Mohamed Faray Kargbo Maimunatu Massaquoi Chief Technical Advisor Information & Outreach Web Specialist/Computer Support UNDP, Sierra Leone CRC CRC

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