ISSUE 2 VOLUME 1 YEAR 2014
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1 ISSUE 2 VOLUME 1 YEAR /00 Sierra Leone Constitutional Review Monthly Newsletter February 2014 Paramount Chiefs brainstorm on the Constitutional Review process CRC maps out strategy to start civic education and public consultations CCYA Engages Youth on the CRP CRC gets braille constitution from ECBVI Religious leaders are influential and therefore have a stake in the review process to augment the effort of Government in the governance process because they command the trust and respect of the people of Sierra Leone. Hon Justice Edmond Cowan Chairman CRC The United Nations Secretary- General s Executive Representative and Head of United Nations Integrated Peace-building Office in Sierra Leone (UNIPSIL), says the UN recognizes the role of Paramount Chiefs in the constitutional development of Sierra Leone. ERSG Jens Anders Toyberg-Frandzen addressing Paramount Chiefs in Kenema Jens Anders Toyberg-Frandzen, emphasized the following The UN recognizes the important role you played as leaders during the war, and especially for your work in helping to lay the foundations for the peace Sierra Leone enjoys today. The President has encouraged participation in the national Constitutional Review process, and emphasized the importance of inclusiveness at every step, and at all levels. The Constitution is owned by and applies to all citizens of Sierra Leone, equally. This needs to be understood by everyone to whom the constitution applies. At a consultative meeting of the National Council of Paramount Chiefs (NCPC) Sierra Leone held on the January 2014 in Kenema District, over 100 Paramount Chiefs discussed about their role in ensuring an inclusive and transparent constitutional review process as the country reviews the 1991 Constitution. Justice Edmond Cowan is the Chair of the Constitutional Review Committee (CRC), he pointed out that The constitution is the highest legal document of our country, to make it credible and to include rural areas, Paramount Chiefs have to empower their people, make them understand and enable them to participate in the review process. In his welcome statement, the Chairman of the Programme who doubles as the Mr. Frank Bai Kargbo Attorney General Minister of Justice Provincial Secretary East, George Penyikie called on Paramount Chiefs to take the process seriously and support it to the end. He said the presence of the Local Government Minister in the programme was a demonstration of Government s commitment and openness in the process. Continue on Page 2 1
2 Paramount Chiefs at the Conference PC Charles Caulker is the Chairman of the NCPC, he underscored their commitment to the process and pledged continued collaboration throughout the process and beyond. We PCs will participate fully in the process to guarantee the rights and liberties of the people PC Caulker concluded. The Minister of Local Government and Rural Development, Madam Finda Konomanyi Kabba commended the organizers of the sessions. She said the government was committed and would remain pious about the constitutional review process. A good constitution is the bedrock of good governance, she said, you are the cornerstone for good governance and democracy in Sierra Leone. The Minister said the process must be open and the people must fully and effectively participate in it. Whilst stressing that Paramount Chiefs have major responsibilities in this process, she called on them to discuss matters that would help to preserve good governance including the customs and traditions of the country. The meeting, organized by the Justice and Peace Commission with the support of UNIPSIL, was attended by representatives of national and local government, parliament, the Constitutional Review Committee as well as the United Nations as part of nationwide efforts to make the review process inclusive and owned by all the people. High table delegates at the meeting In July 2013, President Ernest Bai Koroma launched the Constitutional Review Committee (CRC), tasked to review Sierra Leone s 1991 constitution and to find solutions for challenges related to governance, democracy, development and peace consolidation. Following a series of countrywide consultations, a revised constitution is expected to be adopted by a referendum. The United Nations Integrated Peace-building Office in Sierra Leone (UNIPSIL) has been working with political parties, traditional and religious leaders, youth and women s groups to enhance their understanding on constitutional issues and support their initiatives for an inclusive and participatory constitutional review process since December UNIPSIL activities complement the UN Support to the Constitutional Review Process project led by the United Nations Development Programme (UNDP), with funding by the UK Department for International Development (DFID) and the European Union (EU). CRC Committee Members, Legal & Technical Associates and other participants The Sierra Leone 1991 Constitution Review Committee (CRC) held its inaugural Technical Training for committee members and Secretariat staff at the Bank of Sierra Leone Complex, Kingtom from the 6-7 th February, The two day event which was attended by over 100 participants was chaired by Professor Joe A D Alie of Fourah Bay College, University of Sierra Leone. Making a statement during the opening ceremony, the UNDP Country Director, Sudipto Mukerjee said the essence of the Workshop was to provide an opportunity for Committee members to overcome weaknesses so that they could gain insights into how democratic constitutional processes works. Sudipto Mukerjee UNDP SL Country Director In his traditional welcome address, the Chairman of the Constitutional Review Committee (CRC), Justice Edmond Cowan emphasized that the forum would afford the opportunity for the CRC to not only frame up issues for the review process but also map out geographical areas for consultations. Augustine Sheku is the Secretary to the CRC, he succinctly reported on the activities of the Committee from July 2013 to January He informed participants that Sub-committees had been constituted, Rules of Procedure for meetings and work plan approved, CRC website designed and sustained, CRC Secretariat set up to provide technical support to members among other things. Lakshmi Pillai, Sanaullah Baloch and Chairman Justice Edmond Cowan A presentation on Democratic Constitution-making Process: Design, Challenges and Opportunities- A lesson for Continue on Page 3 2
3 Sierra Leone was done by Sanaullah Baloch, UNDP s Chief Technical Adviser for the Constitutional Review Project. He reiterated the fact that the constitutional review is not an event but a process. The CTA cited the review process of Egypt as undemocratic because it lacked the ingredients of inclusiveness and participatory approach, whilst hailing South Africa and Kenya s processes as best practice model because they were widely inclusive and participatory. Chief Technical Advisor Sanaullah Baloch Talking on the topic: Revisiting Constitution: Enabling Sustainable and Inclusive Natural Resource Management; Saskia Marijnissen maintained that adequate legal and constitutional framework is particularly important for Natural Resource Management since 80% of land in Sierra Leone is under mining concessions, oil exploitation may take place in future, and agriculture contributes substantially to GDP (58.5% in 2007). Peace and Security-Constitutional Arrangements (Conflict prevention Mechanisms and Tools. Best practices including oversight and accountability mechanisms) was a topic presented by Christopher Atere, Chief of UN Police, UNIPSIL. He highlighted some key constitutional challenges among them, the composition of the Police Council. He recommended the inclusion of CSOs, the Inter-religious Council and the Anti-Corruption Commission to neutralize the 8 members who are mostly the President s nominees as provided for in Sec 156 (1)(a)-(g) of the 1991 Constitution. That he said would make the appointment of the Inspector General and Deputy more transparent and balanced. UNIPSIL UNPOL Chief Mr. Christopher Atere presenting on Peace and Security As the process to review the Constitution of Sierra Leone Act No 6 of 1991 continues, various facets of society are doing all they could to make the process credible, transparent, inclusive and participatory. The Citizens for Constitutional Change (CCC) is one among many institutions that are working round the clock to actualize this national dream that will transform Sierra Leone. This multi-stakeholders coalition of civil society, the media, trade unions and academics was set up by the rights activist Society for Democratic Initiatives (SDI) in 2008 to advocate for constitutional reform, entrenching constitutionalism and monitoring respect for the constitution in Sierra Leone. The coalition aims among other things to provide education on the constitutional reform process and constitutionalism in Sierra Leone;ensuring citizens participation in the ongoing review process; providing the platform for multi-stakeholder engagement and consensus on constitutional building and constitutionalism and many other issues. Further information on the Citizens for Constitutional Change can be obtained from - The Deputy Minister of Youth Affairs has called on the youths of Sierra Leone to demand for the 10 % affirmative quota now that the constitution is being reviewed. Youths at the Conference Madam Feremusu Konte said active youth participation in the constitutional review process would certainly impact the outcome. Delivering the keynote address at a two day National Youth Consultative Meeting held on the 10 and 11th January, 2014 in Freetown, the Deputy Youth Affairs Minister had this to say: At the end of this conference, youths are expected to agree on a position paper that will be presented to the CRC to be captured in the constitutional review process. The Chairperson of the Conference, Macella Samba Sesay stressed that the current constitutional review provides every Sierra Leonean an opportunity to interrogate provisions of the 1991 Constitution that need immediate review. She said the only way youths can effectively contribute to the process was to engage actively in the discourse. 3 3
4 Participants were thrilled by the presentation of Marla Morry, Legal Advisor; Election Unit at UNDP Sierra Leone. (Civil Registration Reform in Sierra Leone and related Constitutional Issues). The adoption of a national civil registration law governing all aspects of civil registration was a key recommendation from that presentation. UNDP s Marla Morry presenting Civil Registration framework in Sierra Leone Various other speakers presented papers: Lakshmi Pillai-CTA Parliament spoke on the Legislative Branch and Constitution-making stressing on the need to restructure Chapter VI of the current constitution. Molla Alemu dilated on Youth engagement strategy and best practices whilst Dr Moses Sichei deliberated on Public Finance-Fiscal Transparency Best Practices. This was done with particular reference to lessons learnt from African Constitutional Models. Nine Legal and Technical Associates assisted the Sub-committees in mapping out stakeholders for the public consultation process and developing communication strategies and work plans. The Founder of the Educational Centre for the Blind and Visually Impaired has donated a braille version of the 1991 Constitution of Sierra Leone to the Constitutional Review Committee (CRC). Participants expressed satisfaction and encouraged the UNDP and Partners to continue to do such workshops as the programme provided the technical expertise needed to start the civic education and public consultation process. UNDP s Lakshmi Pillai, presenting on Legislative Branch & Constitution-making UNDP s Programme Manager Environment & DRM Saskia MARIJNISSEN, presenting on Natural Resources Executive Secretary Mr. Augustine Sheku receiving the braille version of the Constitution Thomas Allieu did the presentation of this document on Thursday January 23, 2014 at the CRC Secretariat, Miatta Conference Centre in Freetown. Giving brief remarks before officially handing over the document, UNDP s Molla Alemu presenting on Youth Engagement Strategy UNDP s Moses Sichei presenting on Public Finance Mr Allieu said his organization took the initiative to print the Constitution in braille because they wanted the blind and visually impaired to be part of the constitutional review process. He emphasized the need for the blind to be part of the process this time around. UNDP s Edward Kamara presenting on Public Service Isaac Massaquoi, ICE Committee Member making his contribution 43 4
5 Frank Bai Kargbo Attorney General & Minister of Justice The Attorney General and Minister of Justice says the Government of Sierra Leone is deeply committed to the Constitutional Review Process in Sierra Leone. Frank Kargbo said this commitment is evident in the budgetary allocation made in the 2014 National Budget of the country. is vital in the road to success. Justice Edmond Cowan is the Chairman of the CRC, he noted that before the President appends his signature to the reviewed constitution, the people must say; Yes, this is our voice. He emphasized that Political Parties must act as foot-soldiers who should take the process to their people. Justice Cowan said that the constitution was not going to be re-written but reviewed. Deputy Head of Mission and Chief of Governance and Political Affairs, UNIPSIL; Mr. B. Nega expressed satisfaction over the UN support to the constitutional review process. The role of UN is to support the process and see it sustainable in Sierra Leone, he added. Mr Nega said that political parties were primarily responsible for the good running of a country, and for that reason, the conference was meant to empower and prepare stakeholders like political leaders to promote good governance and sustainable development. The Attorney General stressed that the process belongs to all Sierra Leoneans and the role of Political Parties Mr. Berhanemeskel Nega Deputy Head of Mission, UNIPSIL Justice Tolla-Thompson Chairman - PPRC Campaign for Good Governance (CGG) on the 29 th and 30 th January 2014 capacitated women from various parts of the country on the constitutional review process. The two day session which took place in the Northern City of Makeni attracted women from all the 14 districts of the country. Jamesina King was the Chairperson of the Conference; she stressed the important role women should play in the constitutional review process especially now that the constitution is being reviewed. The Chairperson, Women s Forum, Ms Maude Peacock reiterated that as women they want to see the issue of three Ps namely Protection, Participation and Provision addressed in the new constitution as the 1991 constitution has discriminatory clauses in the three important areas. Berhanemeskel Nega is the Deputy Head of Mission and Chief, Political Affairs Section at UNIPSIL, he noted that though UNIPSIL will be leaving in March, United Nations and in particular UNDP will continue to support the process and that a senior Chief Technical Advisor is on board for technical advice. While pledging UN support and good will to get the process right, he reminded all that the process remains a Sierra Leone Process led by National Institutions. A number of issues were discussed including women s right to Paramount Chieftaincy, discrimination in politics, the domestication of CEDAW among others
6 57 female traditional leaders in the Southern Region of Sierra Leone have lent their voice to the constitutional review process in the country. Augustine Sahr Sheku is the current Secretary/Executive Secretary to the Constitutional Review Committee (CRC). Prior to his assignment to the CRC, he has worked as Permanent Secretary in various Ministries including Ministry of Works, Health, Defence, and Energy. He has also worked in the Office of the President. He joined the Sierra Leone Civil Service in 1986 as Higher Executive Officer and rose through the ranks to the position of Permanent Secretary in He graduated with a Bachelor of Arts (BA) in History and Political Science from Fourah Bay College, University of Sierra Leone in In 2006, he specialized in Public Sector Management with a Masters Degree from the Ghana Institute of Management and Public Administration (GIMPA). Augustine Sheku attended the Government Secondary School in Kenema where he obtained Division One in the June 1978 SC/GCE Ordinary Level Examinations. He later went to the Government Secondary School in Bo (Bo School) where he attained 4 subjects in the HSC/GCE Advanced Level Examinations in June Facilitating the consultative meeting, PC Haja Fatmata Koroma admonished her colleagues to make use of this opportunity to speak out on those critical issues that affect their social practice and wellbeing. This is an opportunity, perhaps in a life time to be part of a constitutional review process and what that means is that the next constitutional review might be in two or three decades, PC Haja Fatmata Koroma said, but I trust that we will explore this time the opportunity to the benefit of women and girls in general. Naasu Fofanah is Gender Advisor, Office of the President, she informed the women that the consultative forum was critical to the process because it empowers the sowies to coordinate their opinions and key findings to be presented to the CRC. One key recommendation from the female traditional leaders was that both male and female must attain the age of 18 before being initiated into secret societies. They also recommended that the new constitution must criminalize the initiation of girls at homes and houses, the banning of delivery at homes by Traditional Birth Attendants (TBAs) and so on. These conferences were facilitated by the African Foundation for Development Sierra Leone (AF- FORD-SL) with support from UNIPSIL. Like Bo, similar consultations have also been held in Kenema, Makeni and the Western Area. Female Traditional Leaders UNIPSIL Deputy ERSG Mr. B. Nega and Naasu Fofanah Gender Advisor, State House flanked by Female Traditional Leaders 543 6
7 PARTICIPANTS DEMAND Some Sierra Leoneans have recommended that the reviewed constitution should empower citizens to sue the Government when it fails to address basic needs like housing, education and medical care. This happened at the National Commission for Democracy (NCD) Regional Dialogue Forum on the 15th January 2014 in the Southern City of Bo. High Table at the Conference Making his contribution, the Regional Chairman of the United Democratic Movement (UDM) Party in the South, Sidi Conteh emphasized that academic qualifications must be stipulated for candidates contesting the parliamentary elections. Speaker after Speaker recommended the separation of the Office of Attorney General from that of the Minister of Justice. Capacitated NCD members fully informed the public about critical issues of the constitutional review process. National Commission for Democracy members and various participants from the Southern Region were informed about the CR process and their roles which included but not limited to inform the people about the constitution, actively participate at all times in the review process and report to the CRC the recommendations from the public. Dr. Abu Bakarr Kargbo NCD Chairman Our role to teach and educate people is an asset and very powerful communication tool that will help our members to understand and be knowledgeable about issues in the 1991 constitution. Therefore we must encourage them to participate in all public meetings on the review process, These were the words of the Executive Secretary of the Inter-Religious Council of Sierra Leone (IRCSL), Dr Usman. Addressing over 50 religious leaders of the two main dominant faiths in Sierra Leone on the 8 th and 9 th January 2014 at the St Anthony s Hall in Freetown, Dr Fornah called on religious leaders to continue to build on the country s value of religious tolerance for which it was known the world over. Religious Leaders Group Work Augustine Sheku is the Executive Secretary to the Constitutional Review Committee (CRC), he re-echoed the importance of the process in the following words: Religious leaders are influential and therefore have a stake in the review process to augment the effort of Government in the governance process because they command the trust and respect of the people of Sierra Leone. Dr Robert Moikowa represented UNIPSIL in the programme, he said that the UN recognizes the important role that religious leaders play in the governance process. Religious leaders he said must remain united in the spirit of diversity in doctrine and practice. Rev Fr Sylvester Moijueh presented a paper on Religion and National Politics, Prof Joe AD Alie; the President of the National Council of Muslim Women, Haja Mariama Koroma, Rev Christiana Sutton Koroma and other dignitaries presented papers. Dr. Usman Fornah
8 Meet Constitutional Review Committee Members Victor E. Morgan is the current Secretary General of the Association of Justices of the Peace. He has worked as a Lay Magistrate, Probation Officer, Institution Officer, Establishment Officer, Senior Administrative Officer in the Ministries of Labour and Social Welfare. Solomon Moses Sogbandi is currently the Director of Amnesty International Sierra Leone, prior to that he was Head of Campaigns at Amnesty International. He worked as Senior Monitoring and Evaluation Officer at Catholic Relief Services (CRS) Sierra Leone. He previously taught at the Milton Comprehensive Secondary School in Bo. He holds an MSc in Development Studies from the Njala University, BA General, Fourah Bay College and Higher Teachers Certificate (HTC) from the Bo Teachers College. He is the Civil Society Representative at the National Anti-Corruption Strategy. He has also worked in the Vice President s Office. He has been involved in the preparation and Appeal of Prisoners to Appeals Court. He is the Administrative Manager of the Institute of Architects. Victor W Horton worked in the Judiciary for several years and retired as Assistant to Master and Registrar. He was a Lay Magistrate at Court No 9 from In 2007 he was decorated with the Presidential Award for meritorious and unbreakable services to the Judiciary. Mr Horton was appointed Justice of the Peace in 2002, prior to that he was Commissioner for Oaths since He holds a Diploma in Management, Judicial Administration from the RIPA International, London He has also done studies in Personnel and Industrial Relations Management at the Institute of Public Administration and Management (IPAM). He has attended several seminars and workshops on Justice Sector Reform Programmes. Gibril Thullah was born in Magburaka, Tonkolili District. He attended the Government Secondary School in Bo. In 1991/92, he was the Student Union President of the Milton Margai Teachers College. Ibrahim Sorie Sesay is the National Administrative Secretary of the Citizens Democratic Party (CDP), He served as Social Worker for the Citizens United for a Better Sierra Leone and Regional PRO West Africa, All Political Parties Youth Association. He holds a Diploma in Peace and Conflict Studies from the Milton Margai College of Education. Ibrahim Sorie Sesay was born on the 19th October Bay College with a BA Hons Degree in Political Science. On graduation from the then MMTC, he taught at the Government Secondary Technical School and the St Edwards Secondary School. He graduated from Fourah As Lecturer in the Social Studies Department at MMCET, he is also the President of the Academic Staff Association and the National Secretary General of the Citizens Democratic Party. Mariama Dainkeh is the Women s Leader of the Revolutionary United Front Party (RUFP) and the Auditor of the All Political Parties Women Association (APPWA). She was born in Gbinti, Port Loko District
9 Meet Constitutional Review Committee Members Morlai Conteh is the current Executive President of the National Youth Coalition (NYC). He holds a BA Hons Degree in Mass Communications from Fourah Bay College, University of Sierra Leone. He also holds an HTC Certificate from the Milton Margai College of Education and Technology. He is representing the youths of Sierra Leone in the 1991 Sierra Leone Constitution Review Committee. Gibrilla Kamara is currently the National Executive Director of a local Non-Governmental Organization called Promoting Usefulness and Sustaining Hope (PUSH). He holds a Bachelor of Arts with Honours in English and Literature; a Bachelor of Laws Degree with Honours from Fourah Bay College, University of Sierra Leone. He also holds a Barrister at Law and Solicitor Certificate from the Sierra Leone Law School. While he was pursuing his education, Gibrilla Kamara helped the African Peer Review Mechanism (APRM) Sierra Leone Chapter in coordinating the students and youth activities on the APRM process in Sierra Leone. Gibrila Kamara is happily married with two children. Ambassador Allieu Ibrahim Kanu attended the St Edwards Secondary School from and the Methodist Boys High School from From , he attended the University of Prague and obtained a Masters Degree in International Relations specializing in International Law. His Masters Dissertation was on the Law of Treaties and Jus Coqens. From , he studied at the University of Southampton and obtained a Masters Degree in International Studies and a Diploma in Social Sciences. From , he obtained an LLB Degree at the Thames Valley University. He was called to the Bar at the Middle Temple in He practiced law in the UK for 14 years and in 1998 he became Sierra Leone s Ambassador for Legal Affairs at the United Nations until He is presently a Law Lecturer at Fourah Bay College and the Director of the Institute of International Law in Sierra Leone. Osman Koroma is a Civil Engineer who graduated with an HND from the Government Technical Institute (GTI). He is the National Pioneer Youth Leader of the UNPP and the National Organizing Secreatry of All Political Parties Youth Association (APPYA). Mr Koroma was born in Bombali District, Northern Sierra Leone. Marie Bob-Kandeh currently works as Human Rights/ Assistant Programme Officer at Campaign for Good Governance. She is a trainer in Business Management and Development for Grassroots. She was born in the Kambia District, Northern Sierra Leone. She was a market woman selling vegetable and fruits at the Garrison Street market. She became Secretary General of the Market Women Association in 1996, an Association that is working for the economic empowerment of market women through civic, adult and human rights education. She is married with four children. Ansumana M. P. Fowai is currently the National Chairman of the Revolutionary United Front Party. He is the National Coordinator of Peace Education and Community Empowerment (PEACE). He holds a Diploma in Public Administration. Mr Fowai was born in the Bonthe District on the 6 th September,
10 CRC Partners Address: Miatta Conference Centre, Brookfields, Freetown, Sierra Leone. Telephone: Website:
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