Krio Descendants Union

Submission to the Constitutional Review Committee




Introduction


The Krio Descendants Union at its regular monthly meeting in June, 2015 in Freetown set up a committee to examine the Constitution of Sierra Leone and to formulate a submission to the national Constitutional Review Committee. The committee first met in July and held regular meetings and consultations thereafter. Announcements soliciting input from the Krio community were made in the media and at churches and mosques. Views were sought from our overseas branches as well as from other Krios in the diaspora through the use of internet social media groups. Membership of the committee was flexible, with existing members free to propose new members and those wishing to make an input welcome to sit at our meetings.

 

The process continued till the end of September when a draft submission was prepared and presented to the general membership of the Krio Descendants Union at its October general meeting. The current document was approved by the general membership for submission to the CRC.

 

The submission is divided into two sections. Section A has discussions of specific national issues of particular interest to Krios. Section B is wider ranging in scope and is essentially a response to the questionnaires issued by the CRC.

 


Section A

 

(1) Discriminatory land laws

The Constitutional issue that arouses greater unanimity in Sierra Leone Krios than any other is that dealing with Sierra Leone’s land laws. Krios have witnessed their former sphere of influence, Freetown, overpopulated with non-Krios, to the great detriment of the city’s environment and quality of life, even as Krios are denied full freedom of movement and association, fundamental human rights, in other parts of the country. The committee took note of the existence in our legislation of the infamous 1927 Cap 122 ordinance and its odious division of Sierra Leoneans into “natives” and “non-natives”. The Colonialists had their own imperatives in introducing this law almost 100 years ago, but it and its antecedents still regulate land use in Sierra Leone today. The committee also noted that the existing Sierra Leone Constitution does not use the language of Cap 122 but it was of the view that the Constitution does not provide sufficient sanction against Cap 122 and similar legislation.

 

KDU is calling for a Constitutional provision for immediate repeal of Cap 122 and similar legislation.

 

KDU suggests strengthening of the relevant sections of Chapter 3, on human rights, by the following amendments.

1.     

SECTION 27, SUBSECTION (1) currently reads,

“Subject to the provisions of Sections (4, 5 and 7), no law shall make provision which is discriminatory either of itself or in its effect”

 

PROPOSED ADDITION

“; and in particular no law shall make provision which is discriminatory with respect to the fundamental human rights guaranteed to all Sierra Leoneans in this chapter.”

 

2.     

SECTION 27, SUBSECTION (2) currently reads,

“Subject to the provisions of Sections (6, 7 and 8), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority”

 

           

            PROPOSED ADDITION

“; and in particular no person shall be treated in a discriminatory manner with respect to the fundamental human rights guaranteed to all Sierra Leoneans in this chapter.”

 

The above amendments will reduce marginalization of minority groups (e.g. Vai, Kru, Krim, Krio)

 


(2) Customary Law

With the influx into Freetown there appears to be an expanding use of traditional courts and customary law. This leads to different sets of laws being applied to Sierra Leoneans and easily results in conflicts in the application of laws. KDU calls for the revised Constitution to emphasize the supremacy of the Judiciary of Sierra Leone and to apply one set of laws to all Sierra Leoneans.

 

(3) Paramount Chief representation in Parliament

The existing Constitution specifies one Paramount Chief Member of Parliament from each of Sierra Leone’s twelve districts. This distorts the composition of Parliament quite significantly to the detriment of the Western Area. This despite the fact that in Chapter 4, The Representation of the People, the Electoral Commission is required to go to considerable lengths to ensure that constituencies are of approximately the same population and thus there is equality of representation in constituencies throughout Sierra Leone. KDU joins with other groups, possibly including the Paramount Chiefs themselves, in calling for Paramount Chiefs no longer to have representation in Parliament. Whatever new body may be formed to include the Paramount Chiefs should include representation from all ethnic groups and administrative districts.

 

(4) Political Representation

The committee was of the view that in order to stand for election as a representative of a community, whether it be a village, ward, constituency or municipality, all candidates should have a significant stake in that community, by way of ownership of property, or at least very considerable continuous residence within the community. As things currently stand, with two dominant parties, a candidate can win election to represent a community by virtue merely of being a party candidate, even though that individual might have very little real connection with that community. KDU calls for enhanced property or residence requirements for all nominees for election to the positions of Mayor, Member of Parliament, Councillor and Village Headman. This is the practice in some other countries around the world. In addition, for all these categories, KDU calls for lineage requirements (ie the nominee should be an indigene of the area), as is the practice for some categories of political representation in provincial areas. This amendment should help to ensure that political representatives all over the country have the best interests of their community at heart. It should help to reduce the brain and skills drain away from the provinces to Freetown.

 

(5) Presidential Powers

The committee was of the view that the independence of certain key institutions - the Judiciary, Anti-Corruption








Commission, Human Rights Commission, Auditor-General, National Electoral Commission, Office of the Ombudsman, Independent Police Complaints Board, Judicial and Legal Service Commission and Public Service Commission - needs to be guaranteed by the Constitution in order to ensure their effectiveness. KDU calls for measures to strengthen key institutions of state and to limit the influence of the President in staffing these institutions.

 

(6) Human Rights

KDU supports strengthening of the human rights provisions entrenched in Chapter 3 of the existing Constitution with the proviso that this must NOT be extended to include same-sex marriage and its variants.

 

 

Section B

This section is a response to the various questionnaires produced by the CRC

 

THE JUDICIARY

1.    Remove the appointment of Judges of the Judicature from the Executive (Presidency) to the Judicial and Legal Service Commission, SUBJECT to Parliamentary scrutiny and confirmation

2.    Appointment of all Judges to the Superior courts of the Judicature to be SUBJECT to Parliamentary scrutiny and confirmation

3.    The removal of all Judges of the Judicature from office to henceforth be on recommendations of the Judicial and Legal Services Commission and which must be ratified by no less than a  2/3rds Parliamentary majority

4.    The retirement age of  Judges of the Superior Court of the Judicature to be seventy (70) years, and extensions thereafter for not more than two (2) years beyond their attainment of the retirement age of 70 years, subject again to further Parliamentary approval.

5.    Undue delays in the administration of justice are caused by (a) Corruption (b) A paucity of justice delivery administrative personnel - both factors are engendered by low reward parameters and unsatisfactory working environments

6.    The timeline for delivery of judgements per Sec 120 (16) of the Constitution is in order. More personnel required to be recruited to ease workload and ensure compliance.

7.    Investigations and prosecutions machinery is too slow. This is due to an insufficient number of administrative personnel; rewards disincentives, unskilled and corrupt police officers mostly involved in preliminary investigative work and concentration of too many powers in the Attorney General’s office. Special Fast Track Courts are required for speedy resolutions of Human Rights and Lands Disputes Issues, minor civil offences and Industrial disputes. Also Small Claims Courts manned by additionally trained Para-Legals to be established throughout the country

8.    The independence of the Judiciary is at present too opaque

9.    The role of the Attorney General to be restricted to that of Government Principal Legal adviser. The Office of the Minister of Justice to be divorced and separated from that of the Attorney General

10. The Minister of Justice to have no role in the Judiciary beyond ensuring compliance with administrative procedures and the introduction of new legislations (Sec. 120 (3)

11. A provision to be made for the Judiciary system to retain 20% of all revenues/Fines/Fees/Levies for their administrative expenses, in the same way that rule applies to other income earning streams (SLRSA for example).

12. The President should not be responsible for appointments to the Judicial and Legal Service Commission

13. In case of vacancy in Chief Justiceship, the most senior justice on the Supreme Court should automatically assume the position.












STATE POLICY AND HUMAN RIGHTS

1.    The citizens’ responsibility to respect the sanctity and sacredness of the Constitution to be enshrined

2.    Government’s responsibility to uphold the Constitution to be enshrined

3.    The responsibility on the Supreme Courts to ensure speedy redress for citizens whose Constitutional rights have been breached to be enshrined

4.    The Separation of Powers precluding the Judiciary from reporting to Parliament to be enshrined

5.     Separate legislation to be enacted for a separate Human Rights Divisional Court within the Judicature.

6.    To discourage compromises, Public Funding to the Judiciary, Human Rights Commission, Office of the Ombudsman and other State Institutions engaged in the promotion of Equity, Freedoms, Democracy and Justice to be included in the Constitution or any other Legal Instrument

7.    The separate Human Rights Act created must clearly provide compensations for citizens’ rights violations  

8.    The age of Criminal Liability to be in sync with the Voting Age

9.    There is no need for a separate chapter for journalistic freedoms in the new Constitution as they are covered by Chapter 3, Fundamental Human Rights, and separate Acts

10. Part 5 of the Public Order Act of 1965 to be appropriately amended to protect the citizens’ rights against criminal publications, libel and slander.

11. The Freedom of Information Law should be entrenched in the Constitution. Sources of information to be protected.

12. A clear and unambiguous definition of citizenship is required to be enshrined in the Constitution

13. Naturalized Citizens to only be eligible for Parliamentary representation after fifteen (15) years of naturalization. Dual citizens excluded.

14. The President to only unilaterally declare State of National and Sectoral Emergencies during periods of war or health epidemics. Otherwise prior Parliamentary majority endorsement should be a prerequisite.

15. The Executive Powers of the President to be reviewed and a clear definition must be enshrined in the new Constitution

16. The creation of a Parliamentary Standards Commission (just like the Civil service) to regulate and set terms and remuneration parameters for Members of Parliament and Parliamentary staff is necessary

17. The National Local Contents Policy guidelines to be enacted making it compulsory for citizens’ leadership to be enshrined.

18. Long-term national development strategies/goals to be prioritized and entrenched.

 

THE EXECUTIVE

1.    A clear separation of powers amongst the three arms of government (Executive, Legislative and Judiciary) is necessary

2.    President not to serve more than two consecutive terms of five (5) years

3.    Holders of dual citizenship not to be eligible to contest for the Presidency or for appointment to Cabinet.

4.    Independent candidates to be able to vie for the Presidency and allowed to contest Presidential Elections

5.    Only a simple majority (50% +1) should be required on the first ballot to win Presidential elections 

6.    Presidential Elections to be on fixed calendar term dates. National Census to be held in time so as not to delay elections.

7.    Regional and Tribal balance/representation to be evident in Cabinet formation.

8.    Parliamentarians to be disqualified from appointment as cabinet Ministers

9.    The position of Minister of Justice to be separated from the Office of the Attorney General

10. The Speaker of Parliament to be sworn in to act as President only in the absence of the President and Vice President

 

 

THE LEGISLATIVE

1.    The Political Parties Registration Commission (PPRC) to be given (additional) Regulatory authority and renamed The Political Parties registration and Regulatory Commission (PPRRC)

2.    The Chairperson of the National Electoral Commission (NEC) and the Administrator and Registrar General to cease being members of the PPRC

3.    The nomenclatures of Political Constituencies to revert to names (as in the past), instead of numbers as now

4.    Political Constituency Boundaries to be subject to review after every ten (10) years independent of any other national development exercises (National Population Census Surveys). The National Census to be held on time, as prescribed by legislation.

5.    The timeline for Bye-Elections to be reduced from six months (180) days after a declared vacancy to ninety (90) days 

6.    The neutrality of the National Election Commission must be guaranteed

7.    The requirement of the Presidency as a part of the National Legislature (Parliament) to be discontinued

8.    A separate House of Chiefs to be created to discontinue Chieftaincy representations in the Legislature

9.    Parliamentarians to only be eligible for pension payments  after attaining the standard retirement age and having served two consecutive or cumulative terms.

10. All elections disputes and appeals must be resolved within ninety (90) days of lodgments to the Courts

11. Only those qualified to be appointed as Judges of the Judicature to be eligible for appointment as Speaker of Parliament

12. The life of each parliamentary term to remain at five (5) years

13. Unsuccessful Electoral Candidates not to be disqualified from holding Cabinet positions

14. Parliamentarians should be disqualified from engaging in Public Works Contracts or Government Projects.





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