Sierra Leone Constitutional NReview Committee

Transcription

1 ISSUE 1 VOLUME 1 YEAR 2015 Sierra Leone Constitutional NReview Committee Government extends CRC Mandate 2016 Judiciary Sub-committee chair replaced CRC holds Media Dialogue Forum with Editors of Newspapers Call for strong chapter on Mineral Resources discussed Sub-committee presents strong case for Local Councils Government extends CRC Mandate to March 2016 The Government of Sierra Leone has extended the mandate of the Constitutional Review Project from March 2015 to March In a Press Release dated February 4 th 2015; the Government endorsed the extension owing to the prevailing circumstances, the Ebola Virus Disease (EVD) which wreaked havoc on the nation. The release went on to state that the CRC could not hold the much anticipated stakeholder and public consultations in the provinces hence the need to extend its mandate. The constitutional Review Committee (CRC) was inaugurated on 30 th July, 2013 to review the Constitution of Sierra Leone Act No 6 of 1991 in tandem with the report of the Commission to review the 1991 Constitution. Here is the Press Release from State House. Office of the President PRESS RELEASE His Excellency Dr. Ernest Bai Koroma, President of the Republic of Sierra Leone SINCE THE LAUNCHING OF THE CONSTITUTIONAL REVIEW PROCESS ON 30 TH JULY 2013, THE CONSTITUTIONAL REVIEW COMMITTEE (CRC) HAS MADE CONSIDERABLE STRIDES IN CARRYING OUT ITS MANDATE. THE CRC HAS WITH SUPPORT FROM UNDP UNDERTAKEN A SERIES OF ACTIVITIES... INCLUDING CIVIC EDUCATION TO BUILD KNOWLEDGE OF CONSTITUTIONAL ISSUES AND TO SOLICIT POPULAR PARTICIPATION IN THE PROCESS, AS WELL AS STAKEHOLDER CONSULTATIONS AND WORKSHOPS ON NATIONAL ISSUES OF PRIME IMPORTANCE. Continue on Page 2 Information, Education & Communications Sub-committee advocates for media chapter in revised Constitution Consistency and sustainability of Political Parties in Sierra Leone s democracy State Policy Sub-committee engages Parliament Officials recommend a Ministry of ICTs CRC/UNDP produces state-of-the-art civic education gadgets Local Government Sub-committee consults Western Urban Market Women s Association Sierra Leone Association of the Blind (SLAB) adds their voice to the review process Council of Tribal Heads appeals for constitutional recognition Legislative Sub-committee engages Parliament Research Sub-committee dialogues with All Political Parties Association (APPA)

2 Office of the President PRESS RELEASE (Continue) IN ACCORDANCE WITH THE COMMITTEE S OPERATIONAL TIMETABLE, IT WAS PLANNED TO IMPLEMENT NATION-WIDE STAKEHOLDER PUBLIC CONSULTATIONS IN THE SECOND AND THIRD QUARTERS OF 2014 AIMED AT REACHING OUT TO CITIZENS TO COLLECT FEED-BACK FROM THEM. DUE TO THE UNPRECEDENTED OUTBREAK OF THE EBOLA VIRUS DISEASE AND THE ENSUING DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY THROUGHOUT THE COUNTRY, THIS ACTIVITY WHICH IS ONE OF THE MAIN THRUSTS OF THE REVIEW PROCESS WAS PUT ON HOLD. ALSO, THE CRC WAS DEPRIVED OF THE SERVICES OF INTERNATIONAL CONSTITUTION EXPERTS WHO COULD NOT COME TO ASSIST THEM BECAUSE OF THE SUSPENSION OF INTERNATIONAL FLIGHTS TO THE COUNTRY. MEANWHILE, THE COMMITTEE HAS ENHANCED ITS MEDIA ENGAGEMENT ACTIVITIES ON RADIO AND TELEVISION, AND THE SUB-COMMITTEES ARE HOLDING FOCUSED CIVIC EDUCATION MEETINGS ON BROAD THEMATIC ISSUES WITH NATIONAL INSTITUTIONS, MINISTRIES, DEPARTMENTS AND AGENCIES. IN VIEW OF THE AFOREMENTIONED CHALLENGES AND CONSTRAINTS, THE CRC CANNOT MEET SET TARGETS AND SUBMIT ITS FINAL REPORT IN MARCH 2015 AS PLANNED. HOWEVER, IN RECOGNITION OF THE EFFORTS MADE BY THE COMMITTEE SO FAR, UNDP HAS SIGNED AND SECURED EUROPEAN FUNDING SUPPORT TO COVER A SIXTEEN-MONTH OPERATIONAL PERIOD FROM DECEMBER 2014 TO MARCH 2016 INCLUSIVE. THIS WILL ENABLE THE CRC TO FULFIL ITS NATIONAL MANDATE TO REVIEW THE 1991 CONSTITUTION IN TANDEM WITH THE PETER TUCKER REPORT OF IT IS AGAINST THIS BACKGROUND THAT HIS EXCELLENCY THE PRESIDENT HAS GRACIOUSLY APPROVED THE EXTENSION OF THE MANDATE AND TIME FRAME OF THE CRC TO MARCH, END. STATE HOUSE FREETOWN 4TH FEBRUARY, 2015 Judiciary sub-committee Chair replaced been appointed to act as the Chief Justice of Sierra Leone. Justice Valesius Thomas acted as the Chair of the Judiciary sub-committee from February 2014 February He will hopefully steer the Judiciary sub-committee until the 1991 Constitution is reviewed. The CRC is divided into 9 sub-committees that are charged with the responsibility of reviewing specific sections of the Constitution with a view to bringing them up-to-date with modern constitutionalism. Honorable Justice Nicholas Colin Browne-Marke Anew Chairman has been assigned to the Judiciary Subcommittee of the Constitutional Review Committee (CRC).Justice of the Supreme Court, Nicolas Colin Browne- Marke replaces Justice Valesius Thomas who has recently The Judiciary sub-committee was established to review the provisions and related clauses of the Constitution of Sierra Leone pertaining to the Judicial Branch, examine the Report of the Peter Tucker Constitution Review Commission in a similar manner and make recommendations to the CRC. In carrying out its responsibilities, the Committee may be guided by Sierra Leone constitutional history and such other knowledge gathered from external sources on constitutionalism. 2 CRC Newsletter - January - February 2015

3 Media Dialogue Forum in session CRC holds Media Dialogue Forum with Editors of Newspapers f the state of public emergency is lifted by the end of March 2015, the CRC will immediately embark on the nationwide stakeholders and public consultations and the interim report would hopefully be ready by September 2015 whilst the final report would be presented to Government in November IThese were the words of the Chairman of the Constitutional Review Committee (CRC), Justice Edmond Cowan to media practitioners who attended a day s forum at the Miatta Conference Centre on Tuesday February 10, Delivering the keynote address to journalists, Justice Cowan lamented that the Ebola Virus Disease (EVD) affected the review process such that the much anticipated nationwide civic education and public consultations could not be held as planned. He cited progress made so far in the review process including the visitation of over 100 Institutions on consultations, production and distribution of the synchronized 1991 Constitution and the Report of the Commission to review the 1991 Constitution; the reception of over 50 position papers from Ministries, Departments and Agencies (MDAs) and Civil Society Organizations (CSOs); the engagement of over 30 Experts on various thematic issues, the airing of radio and television programmes, engagements with key stakeholders parliamentarians, political parties, youths, women, traditional and religious leaders and many others. The Chairpersons of the various sub-committees or their representatives succinctly described their activities in 2014 whilst noting the challenges they encountered during the period. Whilst concluding her presentation on behalf of the Judiciary sub-committee, Administrative Secretary to the sub-committee and web specialist, Maimunatu Massaquoi expounded on the state-of-the-art multipurpose CRC/UNDP flash drive that was made available to editors. Presenting their strategy on ways of popularizing the CR Process, the President of Guild of Editors, Donald Theo Harding highlighted the publication of half page tailor-made messages on weekly basis on all the major newspapers; the coverage of every sub-committee activity/event by two reporters, among other contributions. In his presentation on Constitutional provisions relating to information, communications and the media-insights from constitutions of other countries, the Head, Communications and Outreach, CRC, Mohamed Faray Kargbo brought examples from Kenya, South Sudan, Nigeria, South Africa, Uganda and Switzerland. He informed all about the absence of separate chapters dealing with information, communication and the media in the constitutions of the aforementioned constitutions noting that thematic issues relating to this subject matter were accordingly captured either in the state policy and fundamental human rights sections of those constitutions. Sanaullah Baloch is UNDP s Chief Technical Adviser to the Sierra Leone Constitutional Review process; he admonished media practitioners to publish articles relating to the process as part of their civic responsibility and to show their unblemished patriotism to Sierra Leone. This is a call to national service because all of us would rip the benefits if we produce a constitution that would stand the test of time. Mr Baloch concluded. The journalists agreed that Sierra Leone deserved a constitution that would serve as a model for other countries in terms of good governance, inclusiveness, transparency and accountability, peace and development and conflict-sensitivity and gender equity. The enthusiasm to contribute to the process was evident in the utterances of the editors who were encouraged to file in a position paper indicating their varied interests. 3 CRC Newsletter - January - February 2015

4 Call for Strong Chapter on Mineral Resources Discussed he Constitutional Review Committee (CRC) Subcommittee on Natural Resources on 16th February 2015 held an expect engagement meeting at the CRC Secretariat, Miatta Conference Centre, Youyi TBuilding, Freetown. Officially opening the session, the CRC Executive Secretary, Mr. Samuel Coker admonished members to be attentive and make salient inputs for the recommendations that would be taken to the CRC plenary. The facilitator, Mr. Chernor Gashim Bangura of the PMSU at State House highlighted that some countries were experiencing drought and climate change and suggested how these perspectives could be addressed in the constitution. He continued that Sierra Leone has made considerable progress in the economic, education and social fronts with an average GDP increase of 8% since the end of the war but that management of the environment has challenges. Mr. Chernor Bangura also revealed that Government established the Environment Protection Agency (EPA) but not much has been achieved as the laws are not adequate in terms of provisions in the constitution. There are inadequacies in the constitution with regard the environment. He further underscored the need for marine, agriculture and food security to be addressed in the constitution. According to the facilitator, the constitution must also be specific on how to reduce the rate of poverty, fair distribution of resources to prevent the movement of people to urban areas, global security threats like terrorism and Islamic extremism, gender, youths, unemployment and environmental sustainability. He further enlightened that the Nigerian constitution is similar to Sierra Leone in terms of the management of natural resources while the Angolan constitution has a whole chapter on economic, social and cultural rights including the right to work and training. The Egyptian constitution of 2013 was also discussed. Some of the concerns raised by members of the committee included: that drafters would dilute the Natural Resources sub-committee Expert meeting objectives, provisions and true spirit of the recommendations, the need to move from an orthodox constitution to one that is alive with emerging issues that are not blanket but specific and that the constitution must address these issues that should not be organic or ad-hoc laws. Members of the sub-committee also called for a time limit on mining agreements, that some countries like Ghana use their natural resources as collateral for development. It was also revealed that the NGO, Green scenery has presented a paper to the CRC on land and working on other natural resources that the subcommittee has a lot of work to do unlike other committees in addition to developing and building the foundation of the chapter. Concerns about bulky documents, the other constitution have various chapters on natural resources that everybody should be included in the process, that nobody should consider being left out and that the CRC plenary is the body that will adopt and defend the recommendations, were also highlighted. It was also disclosed that the CRC would commence public consultations in June/July this year, complete its work and start report writing to be followed by the National Consultative conference of the prime process. 4 Members of the sub-committee were urged to identify gaps in the 1991 Constitution relating to natural resources, that Sierra Leone needs a very strong chapter on mineral resources, that there were gaps in balancing the pillars of sustainable development, that other laws should expand further on specific issues while the basic ones must be in the constitution, that the 1991 constitution places more emphasis on the state structure than its objective and the need to synergize or infuse the recommendations. Executive Sub-committee discusses critical issues relating to the presidency embers of the Executive Sub-committee of the Constitutional Review Committee (CRC) were thrilled by the presentation of Dr Habib Sesay who expounded on the criteria to contest the presidency, as it should be. These included the mfollowing, age limit, citizenship status, residency requirements, knowledge of indigenous language, contributions to national development and matrimonial status. In a day s Expert Engagement at the CRC Secretariat on Thursday February 12, 2015; members of the committee displayed their knowledge on the subject matter and the need to develop recommendations that would improve the governance structure of Sierra Leone. Hon Ibrahim Ben Kargbo is representing the All People s Congress in the CRC, he had a contrary view on the issue of indigenous language requirement to contest the presidency, most children couldn t speak their local languages whilst simultaneously stressing that the need for Upper House is to remove Paramount Chiefs from parliament to serve as advisers. Continue on Page 5 CRC Newsletter - January - February 2015

5 The Chairman of the Sierra Leone People s Party (SLPP), Chief Somanoh Kapen maintained that the Political Parties Registration Commission (PPRC) should ensure free and fair elections, promote the democratic process whilst indicating that the 55% requirement was incorporated into the Constitution to ensure that the winning candidate command the mandate of the people. Executive sub-committee Expert meeting Critical issues discussed during the deliberations were: the maintenance of the 55% threshold Dual citizenship must be given serious consideration The incumbent Government must not be allowed to conduct elections. The president must pay Tax Residency Requirement should be left opened Paramount Chiefs should be elected by Electoral College supervised by NEC. Sub-committee presents strong case for Local Councils The Executive Secretary of the Constitutional Review Committee (CRC), Samuel Coker on 11th February, 2015 disclosed that the CRC would in the next three months start its public consultations in the provinces and stressed that the Committee is in readiness as there may not be another extension of its term due to any other unforeseen situation like the Ebola outbreak. The facilitator also revealed that the Decentralization Service Development and the Reproductive Child Health Projects for Local Councils are funded by the World Bank. Other issues raised by members of the committee were that 50 % of some chiefdoms do not pay local tax, late printing of local tax receipts and many more. The role of Local Councils, decentralization that is key in modern day governance and the need for the Committee to present a strong case for Local Governance in the CRC plenary, were emphasized. He was officially opening the expert training for members of the CRC Subcommittee on local government during which he appealed to all to come onboard for the CRC to accomplish its task and assured that government would address the concerns of the CRC. According to the Executive Secretary, the training was to tap the expertise of the resource persons to create a level playing field for members to make informed decisions maintaining that it is a privilege for him to contribute to the review process. Floyd Davies, who facilitated the training, dilated on the topic, Financial Decentralization, highlighting the various sources of income for Local Councils that include government grants, the Local Council Finance Committee, a very important body which allocates resources to Local Councils, informing that the 19 Local Councils were re-established over 10 years ago. Local Government sub-committee Expert meeting Floyd Davies further articulated that there are four major principles of decentralization comprising transparency, revealing that the criteria for Councils to access funds includes presentation of procurement plan, financial progress and technical progress reports, signed subsidiary agreements and informed that all Local Councils have been trained on the use of the PETRA Accounting System. He further pointed out that the tax base of Local Councils is low while revenue collection is weak, adding that government determines the amount to be paid as local tax-i.e. every adult male and female. 5 CRC Newsletter - January - February 2015

6 Information, Education & Communications sub-committee Expert meeting Information, Education & Communications Sub-committee advocates for media Chapter in revised Constitution Dr Victor Massaquoi, newly appointed member of the board of the Sierra Leone Broadcasting Corporation (SLBC), on Friday 13th February, 2015 informed a day s interactive engagement with members of the Constitutional Review Sub-committee on Information, Education and Communications (IEC) that unlike the constitutions of other countries which are very clear on media issues, much is not said about media issues in the Sierra Leone Constitution but clarified that media issues in Sierra Leone are tied to freedom of expression in the Constitution. The sub-committee also recommended the creation of a whole chapter in the revised constitution that deals specifically with issues relating to information, communications and the media as is the case with the executive, judiciary and the legislature. Dr Massaquoi urged the IEC sub-committee to look at the major principles of media law as human beings are guided by principles. He appealed to the committee to review, discuss and produce abstemious recommendations on IEC issues in the country. The facilitator asked participants whether the current provisions relating to media and communications were sufficient and suit Sierra Leone s present context and evolving circumstances. He further asked about the beneficiaries of the changes, the ramifications and related issues. Other issues discussed were a guide to the committee on certain theoretical principles linked to IEC and the media, information access/sharing and modern technology. effective, that not much is said about media law in the constitution in addition to the need to have a law on social media that is to some extent regulated in other countries. Dr Massaquoi disclosed that anytime a law is enacted, it is the responsibility of the executive to popularize it citing the Access to Information Law ratified a year ago but people are still ignorant about its contents. There is nothing like absolute freedom, in the exercise of one s rights, care must be taken not to infringe on the rights of others. The media has metamorphosed over the years as evident in the current digital migration globally. Dr Victor Massaquoi noted. Other prominent issues dilated on were the capacity of the Independent Media Commission (IMC) to handle media issues, the absence of a policy on fibre optics among others. They urge the Sierra Leone Investment and Export Promotion Agency (SLIEPA) to be inviting the Sierra Leone Association of Journalists (SLAJ) and the IMC to investment for them to argue their case for the private sector to invest in the media as well as create the enabling environment. The meeting was chaired by Madam Memunatu Pratt, the Head of Peace and Conflict Studies Department at Fourah Bay College (FBC) who is representing the National Elections Watch (NEW) on the Constitutional Review Committee (CRC). Participants deliberated that the media law is not sufficient citing emerging developments, that the existing provisions in the constitution are not 6 CRC Newsletter - January - February 2015

7 Consistency and sustainability of Political Parties in Sierra Leone s democracy Research sub-committee Expert meeting The Constitutional Review Project in Sierra Leone presents an enviable opportunity for experts to share knowledge with CRC members and to deepen their thoughts around constitutional and non constitutional issues. Since October 2014, skilled personnel from various fields of academia have been meeting with the thematic sub-committees to discuss pertinent issues with them but more importantly to develop recommendations for constitutional change. One such meeting was facilitated by Daniel T. M. Gbondo on 11th February, 2015 with the research sub-committee. Talking on consistency and sustainability of political parties in Sierra Leone s democracy, Mr Gbondo described political parties as the nerve centre of democracy in the democratization process. He said that the 1951 Stevenson Constitution laid the framework for the introduction of political party system in the country. Daniel Gbondo highlighted certain benchmarks that are crucial for the sustenance and consistency of political parties. These include the following: 1. Party Law: This involves the rules, the institutions and the critical mass of citizens. The rules basically set the framework that determine how society is governed; the institutions are charged with the duties to implement the rules; and the critical mass of citizens refers to those who are not in governance to hold accountable their elected representatives. 6. There must also be effective grievance resolution mechanisms such as litigation, Alternative Dispute Resolution, consensus building, etc. 7. Clear external management and communication structures should be provided for in the party constitution. There should be clear policies as to how parties are organized and administered on a day to day basis, hierarchy, recruitment strategies and procedures, and transparent fund raising structures within political parties. 8. There must also be transparent and participative means of selecting candidates. 9. Messaging in campaigning should resonate with voters. This means election should be more effectively tied with citizens interests. The message should therefore be enveloped to suit the audience being addressed. 10. There must also be robust election monitoring mechanism. 11. The support base must be maintained and expanded. He said it should not just be about getting the people but maintaining them and reaching out to those who are not in your fold. 2. The party constitution should have clear and concise rules that define and protect the right of individuals to join a political party. 3. There must be clear rules about party financing, both public and private. Public by giving money from state coffers to the political parties for the day to day administration of their parties. He said because political party is a very strong feature of our democratization process and our governance pattern, it must be the duty of the state to provide funds for strengthening of political parties. 4. There must be accountability mechanisms. 5. There must be limits and restrictions on spending, e.g. to ensure that votes are not bought; to ensure that people are not influenced with finances; to ensure that there is a level playing field for everyone so that bigger parties do not muzzle out small parties because of their capability to amass funds; disclosure of donors and contributors to make sure that people who donate to political parties are known, how much they donate, what each political party get and to have an effective audit system. Research sub-committee Expert meeting 7 CRC Newsletter - January - February 2015

8 High Table at the meeting State Policy Sub-committee engages Parliament T he interactive session with members of Human Rights Sub-committee of Parliament was spectacular as evident in their enthusiastic participation in the deliberations of Wednesday February 4, 2015 at the House of Parliament in Freetown. No better subcommittee would have done the consultations than the CRC sub-committee on State Policy and Human Rights. Welcoming the CRC to the House of Parliament, the Speaker, Hon SBB Dumbuya cited that the constitution is such an important document that without it the country cannot function well. because without parliament s consent, consensus, participation and active engagement it will be difficult for a coherent constitution. The workshop facilitator, Jane Aspden thanked the Honorable Speaker for declaring the workshop open and gave a preface of the workshop. Participants were divided into groups and deliberations were made section by section by participants and presentations were delivered by representatives of each group addressing various vital human rights issues. The MPs agreed and disagreed with some of the recommendations of the sub-committee relating to issues of state policy and human rights. Special emphasis was made on developing provisions relating to citizenship, public officers, justiciability and non justiciability of state policies and so on. Olatungie Campbell, Chairperson of the Sub-committee informed members about the mandate of the sub-committee which is to review the provisions and related clauses of the 1991 Constitution of Sierra Leone pertaining to the fundamental principles of State Policy and Human Rights, to examine the report of the Peter Tucker Constitution Review Commission and to make recommendations to the CRC. She informed the house of the activities of her sub-committee which includes consultations, technical meetings on chapter 2 and 3 of the 1991 Constitution, radio and television discussions which were carried out during the course of the year 2014, and further informed the house of plans for public consultations to the provinces when the current Ebola epidemic subsides. Group work In addition she stressed the significance of the workshop for Parliamentarians in the State Policy Committee as it will equip them to be at par with the CRC sub-committee, because parliamentarians have the final decision before a referendum is passed. Lois Kawa appealed to Honorable members of Parliament to actively participate in the workshop citing the long period since the constitution was written and the need for it to be reviewed to meet the growing modern economic, social, political, educational needs of the country. The Chief Technical Adviser Sanna Baloch enlightened the House of Parliament about the significance of parliament in making a constitution 8 CRC Newsletter - January - February 2015

9 Officials recommend a Ministry of ICTs O fficials of the Ministry of Information and Communications have recommended the establishment of a Ministry that would solely be responsible for Information and Communications Technologies (ICTs) in Sierra Leone. In a consultative meeting with the Information, Education and Communications (IEC) Subcommittee of the Constitutional Review Committee (CRC) and officials of the Ministry of Information and Communications on Friday February 13, 2015; salient issues relating to the overall development of ICTs were adequately discussed. In her introductory remarks, the Chairperson of the meeting, Madam Memunatu Pratt thanked the Director of Communication and team for the opportunity given to the Sub-committee to hold consultations with them, more so when the Committee had once visited the Ministry. She said the Sub-committee was pleased to listen to them as ICT drives development in the 21st century. Welcoming the IEC team, the Director of Communications, Bakarr Tarawally expressed satisfaction that the CRC was reviewing a very important document and requested that the Committee look very seriously into issues relating to digital economy as they were already putting together laws on e-transactions. Director Tarawally emphatically stated that the contributions of the ICT sector has considerably surpassed the mining sector hence the need to concentrate on ICTs. The following were recommendations made during the consultations: The same importance that is given to the Accountant General in the 1991 Constitution must be given to the ICT Sector. The ICT Department at the Ministry of Information and Communication must be made an autonomous body with clear mandate, budget and reporting procedures. Director of Communications Mr. Bakarr Tarawally There is need to separate the regulator from the department that formulate the policies to avoid a situation of the referee being the player as is currently the case with NATCOM An affirmative action is needed on ICTs in Sierra Leone. This would undoubtedly provide the enviable attention that ICTs so much desire in the overall national development strides. During the deliberations a lot of pertinent issues were discussed including the very deplorable status of education currently. Had university education gone online, the educational system would nt have suffered the crisis it now suffers due to the unprecedented outbreak of the Ebola Virus Disease (EVD). We are on the verge of losing a whole academic year because we lack the necessary ICT infrastructure to provide teaching and learning services online. Noted CRC member, Memunatu Pratt. The meeting unanimously agreed that there exists the need for a mindset philosophical change in the ICT sector and the establishment of a national portal that would host information on all Government Ministries, Departments and Agencies. Officials of the Information Ministry also raised concern about the low budgetary allocation to the Ministry adding that it fell far below the expectations of the Ministry and would impact negatively on the development of the ICT sector which is very capital intensive. The IEC Sub-committee members encouraged their counterparts to develop a position paper to be presented to the CRC for onward discussion and recommendation to the entire CRC plenary. A separate Ministry of ICT must be inaugurated with a class A status ICT must be a criteria for promotion in the civil service to discourage the lackadaisical attitude of civil servants towards ICTs, improve productivity in the work environment and enhance best practice at all times. 9 CRC Newsletter - January - February 2015

10 CRC/ UNDP produces state-of-the-art civic education / sensitization Gadgets As technological innovations continue to dominate the world, the Constitutional Review Committee (CRC) and the United Nations Development Programme (UNDP) have produced a 2gb write protected multi-purpose flash disk. The disc contains all the relevant documents needed to promote civic education on constitutionalism and the constitutional review process of Sierra Leone. Such is the interactive nature of the Gadgets that they contain the CRC Public Submission Forms of 7 sub-committees which could be filled and submitted to the Constitutional Review Committee (CRC). A 2 gb space is also provided in the gadgets to create an avenue for other relevant information to be stored and retrieved. The seeming difficulty in accessing Constitutions of other countries has been solved by the inclusion of the constitutions of countries in Africa, Europe, Asia, the Americas and Australia. It contained the Constitutions of countries like Guinea, Afghanistan, USA, Switzerland, Kenya and many more. The various volumes of the Truth and Reconciliation Commission (TRC) Report of Sierra Leone with their indispensable recommendations, including the review of the 1991 Constitution. The two volumes of the Sierra Leone Conference on Transformation and Development, are among the package in the specially formulated, multi-purpose flat disc. A glossary of Constitutional Terms, entrenchment clauses and country cases are accordingly contained in this equipment making it one of the most convenient digital mobile library ever produced for a national process of such magnitude. Terms like binding referendum, ad hoc, sovereignty, unitary state, written and unwritten constitutions are succinctly defined in the glossary of constitutional terms. All the newsletters produced from January-December 2014 are packaged in a single folder. This affords users the enviable opportunity of accessing information about the activities of the CRC during the year CRC Newsletter - January - February 2015

11 Local Government Sub-committee consults Western Urban Market Women s Association heir faces beamed with unusual brightness as they presented their position to the Local Government Sub-committee of the Constitutional Review Committee (CRC) Ton Friday 20th February The enthusiasm to overhaul the status quo was conspicuous in their actions and inactions throughout the meeting. It was uncommon to convince market women to abandon their stalls to participate in national processes of such magnitude. Local Government sub-committee consults Western Urban Market Women s Association recommendations including the development of a whole Chapter that deals with local government since it is absent in the 1991 Constitution; the legislation of local tax; the empowerment of traditional leaders; maintenance of the Chiefdom Councils and the legislation of a House of Paramount Chiefs; equality in the election of both sexes for paramount chieftaincy; overhauling of the civil service and many more. They finally agreed that the local council and the chiefdom council should work simultaneously and their roles and functions must be adequately spelt out. The chairman applauds the effort, contributions and recommendations made by each and every individual that attended the meeting and expressed his profound gratitude for the participation of all. But the Local Government and other ancillary branches of government succeeded in galvanizing them into action. The Western Urban Market Women s Association spoke fearlessly but clearly about the issues militating against the proper functioning of local governance in Sierra Leone. Local government deals with issues concerning the grassroots and other organizations and market women constitute that segment of society. Maintained Marie Bob-Kandeh, the organization s Secretary General and representative at the CRC. The Market Women were satisfied with the outcome of the consultations and asked the Constitutional Review Committee (CRC) to incorporate their contributions into the revised Constitution so that the overall national development of the nation would be enhanced now and forever. Critical issues discussed include the following: local government tax collection, chieftaincy and traditional leaders, government departments, and the civil service. In what could be described as an unprecedented show of civic responsibility, the women made a number of 911 CRC Newsletter - January - February 2015

12 Sierra Leone Association of the Blind (SLAB) adds their voice to the review process I fell down twice into a ditch hurting myself very seriously. This was the direct effect of a disable-unfriendly environment aggravated by a generally poor road network in Sierra Leone. Osman Bangura lamented during the visit of the Information, Education and Communications (IEC) sub-committee of the 1991 Sierra Leone Constitution Review Committee (CRC) to the Sierra Leone Association of the Blind (SLAB) on Friday February 20, 2015 at their Walpole Street Headquarter. uch is the precarious situation of persons living with disability that the president of the Blind Association, Thomas Lebbie remarked that that was the first time a national institution of such caliber was consulting them to solicit their wishes and aspirations for a revised Constitution. swith white cane sticks that guide their path, the visually impaired persons came from far and wide; the lucky ones have sighted persons who aid their daily movements. The hope of this neglected segment of society hangs on the review of Sierra Leone s 24 year old statute. This was conspicuously evident in their enthusiastic participation in the consultative meeting. CRC Members present Braille Constitution to the SLAB CRC Member, Marie Bob-Kandeh, who chaired the meeting, encouraged the SLAB to speak up the issues that they were desirous to see in the revised Constitution. That singular opportunity was well utilized by the visually challenged people as seen in their wishes and aspirations for the reviewed constitution. The Free Health Care policy must be extended to persons with disability without any iota of discrimination. An affirmative action compelling the government to reserve 5% for persons with disability must be guaranteed in the constitution. The law that forbids the winning party from appointing losing candidates to Ministerial positions must be expunged from the extant Constitution. Free and compulsory education for all persons with disability must be guaranteed by the Constitution. The 30% quota must be made constitutional A former civil servant who lost his sight making contribution Housing facilities, monthly incentives, accessible transportation, access to independent voting, a presidential adviser at State House must all be guaranteed in the Constitution. Participants at the consultative meeting 912 CRC Newsletter - January - February 2015

13 Tribal Heads during the consultations Council of Tribal Heads appeals for constitutional recognition he Council of Tribal Heads in the Western Area has appealed for constitutional recognition in the revised Constitution of Sierra Leone. TAt a consultative meeting with the Research Subcommittee of the Constitutional Review Committee (CRC) on Monday February 23, 2015 at the Ministry of Local Government and Rural Development, Youyi Building in Freetown, the Mende Tribal Head who doubles as the Secretary General of the Council, Chief Mathew Gibao Young introduced the respective Tribal Heads, whilst Amb Osman Yansaneh, the Research Sub-committee Chair did the introduction of the Research Sub-Committee members and the Administrative Assistants. The Kono Tribal Head thanked Amb. Yansaneh, stating that for him to have been appointed in absentia to head the sub-committee was no mistake, considering his wide range of experience in previous constitutional review processes and in other senior government positions. He said that they were very much concerned about the fact that tribal heads were not included in the CR process. He said they have raised this question with some other sub-committees but they were told that there was a paramount chief representation in the CRC, but to them, that was not enough reason since the two institutions operate separately and independently. The chief further stressed that there position was covered by an Act of Parliament since colonial times and it was that act that gave the tribal heads the responsibility to be ambassadors for the districts for all the tribes in Sierra Leone. He however said that they were nevertheless happy to always see the different sub-committees inviting them to their meetings and that they would continue to sound that opinion to them. The Temne Tribal Head touched on the issue of councilors and village heads selling land in the Western Area which he said was very wrong. He said people wishing to buy land should be going through their tribal heads in order to avoid the attendant confusion that follows such transactions. The deputy Mandingo Tribal Head, Alhaji Chief Ali Badara Tarawally spoke on justice. He gave an example of a certain property case that was in court for more than three years but that when it reached the Soso Tribal Head, it was dealt with in a matter of twenty-four hours. He said if most of the minor cases in court were referred to the tribal heads the courts would not be overloaded and overburdened with cases that take donkey years to end. He hoped that CRC will take that issue very seriously. The Loko Tribal Head, Alhaji Kandeh Sesay informed the gathering that the tribal heads according to their letter, were supposed to be advisers to the president. So he appealed to the Research Sub-Committee to create the enabling environment for them to be meeting with the Head of State to discuss issues of national importance. CRITICAL ISSUES DISCUSSED The following issues came up very strongly in the discussions: The position of the tribal heads should be in the constitution so that they too would be recognized in the Western Area. They should be given a symbol of authority and identity like Paramount Chiefs for example who carry staff and medals. They want to have the power to be adjudicating cases. They want to be represented in council. The roles of the village heads and councilors should be clearly defined and distinguished from that of the tribal heads to avoid conflict of interests. Tribal heads should be the principal advisers to the President on matters relating to their tribes. Finally, Chief F.M Kamara, the Soso deputy tribal head, appealed that they want to be invited again to important state functions such as state openings as it used to be in the past. But Chairman Yansaneh, in his response, said that the issue does not fall under the committee s mandate. Rather it is the Local Government Ministry that is supposed to make sure that they liaise with Parliament and the Protocol division. 913 CRC Newsletter - January - February 2015

14 Legislative Sub-committee engages Parliament he Legislative Sub-committee of Parliament showed renewed interest in the process not least because they were specifically consulted by the Legislative Sub-committee of the Constitutional Review Committee (CRC) on Wednesday February 25, 2015 at the House of Parliament. TIn his welcome address, the chairman of the Legislative sub-committee in Parliament, Hon Agibola Manley-Spaine stated that the functions of the Committee involve the passing of laws for good governance in Sierra Leone. Justice M. E Tolla-Thompson is the Chairman of the Legislative Subcommittee of CRC, he informed the meeting that their main role was to solicit the views and aspirations of Parliamentarians to the review of provisions in the 1991 Constitution that relate to the legislature. Although he was quick to discuss the idea that all the views expressed would be recorded in the reviewed constitution. The Legislative Chair furthered that they were engaging Parliament because their contribution to the process is paramount. Parliamentarians during the consultation In his presentation, the Chief Technical Adviser to the CRC, Sanaullah Baloch remarked that the legislative section of the Constitution of Sierra Leone Act No 6 of 1991 has the widest sections; therefore it needed careful attention and study. He spoke about the recommendations developed by a group of erudite lawyers whilst simultaneously recommending the multi-purpose flash disk that has been produced. The Economic Adviser of UNDP, Dr. Moses Sichei did a presentation illustrating the financial independence of parliament in the constitution. He highlighted the need to strike a balance between the executive and the legislature and to clearly define the system of government. He noted that the legislature and executive are tightly packed together and there should be a solution for that. Parliament should have some privacy and independence to execute their work. According to Dr Moses, he said that Sierra Leone has moved one step ahead where in ministers are not members of the parliament. Dr Sichei disclosed that lack of resources affects the balance of power. Parliamentarians should make sure their budget is well considered. He also said that section 74(4) determines the salaries and conditions of service of MPs. He mentioned that the practiced fund in the UK is an agreement that the budget will not be changed by the executive. Like Uganda, the Kenyan parliamentarians depended administratively and financially on the executive. He also mentioned that the establishment of a Parliamentary Budget Office (PBO) was critical for the development of democratic government in Sierra Leone. Parliamentarians during the consultation UNDP Economic Adviser, Dr. Moses Sichei presenting In conclusion, he stressed that they should make comprehensive reforms towards ensuring the independence of parliament; the need to revise section 74(4) of the constitution of Sierra Leone; and that they would be expecting parliament to adhere to the highest level of accountability of Deputy Speaker of Parliament and colleagues 914 CRC Newsletter - January - February 2015

15 ll the movers and shakers of Sierra Leone s political affairs were in attendance. They knew that they had a stake in the constitutional revision of the nation so they couldn t keep silent when Athe Research Sub-committee of the Constitutional Review Committee (CRC) consulted them to gauge their views on critical issues regarding the CR process. The All Political Parties Association (APPA), comprising the 10 registered parties in Sierra Leone confided in the Research Committee about issues that would inevitably improve democratic good governance if entrenched in the revised Constitution. In his introduction, the chairman, Ambassador Osman Yansaneh, of the Research Sub-Committee welcomed APPA members and explained the purpose of the sub-committee s engagement with them. The Secretary General of the Citizens Democratic Party (CDP) who doubles as a member of the legislative Sub- Committee, Gibril Thullah highlighted a critical issue which according to him, demands greater attention: the integrity clause for members of parliament which is also found in the Kenyan Constitution. He said as a political party, they were strongly in favour of providing for that particular clause in the constitution. The recall power of electorates is also a view our party subscribes to. The chairman of the S.L.P.P and member of the Executive Sub-Committee also thanked and commended the Research Sub-Committee on their work so far and spoke extensively on the powers of Executive. All Political Parties Association members during the consultation Research Sub-committee dialogues with All Political Parties Association (APPA) He said his belief was that the sub-committee has a huge task in ensuring that the areas where it would appear that there was an over concentration of authority in the Executive which does not provide a space in facilitating good governance. He maintained that, when power is over concentrated in one branch, there is the tendency that discretional decisions that vest in the hands of the Chief Executive may, depending on the character of the person lend themselves to abuse. As a precautionary measure, he said, it was therefore necessary to look into the checks and balances so that the situation could be minimized. Secondly, they as a party have recommended for a definitive date to be set aside for the end of a term of office of the president as well as for the formal handing over of power by the incumbents to their successor and to also ensure smooth transition period. He also mentioned the conflicting powers between the Legislature and the Executive which he says the constitution is not too clear on especially with regards the nominations made by the President. He stressed the need to ensure an equitable balance among the three main organs so that no one branch exercises more discretionary powers than others. The C.D.P Secretary General also stated that they as a political part are very much apprehensive of the fact that so many issues are being recommended for inclusion into the reviewed constitution and expressed fear that the constitution might not accommodate all of these issues in the final analysis. He again said that they are opposed to the Peter Tucker recommendation of having a bicameral legislation. He maintained that it could sometimes be dangerous and in fact difficult to run under a unitary system of government. He further cautioned members to be mindful of the political culture of Sierra Leone as the country copy some of these democratic principles from the West, for posterity so that the future generation would be able to manage them well. On the issue of excessive powers of the executive, the Secretary General of the S.L.P.P commented that the only way to curtail some of those powers was by making parliament much more powerful wherein the cabinet would be responsible not to the President but the parliament. He also urged the Research Sub-Committee to do more research on that particular area as to how the Executive powers could be curtailed if need be, and to also do a comparative study of the three systems of election the list system, the district block system and the constituency system. He said the Research Sub-Committee should look at how parliament functioned in 1996, 2002, and 2012 in comparison to the present parliament and that could better inform everyone as to which one could best take care of Sierra Leone s situation. Members of APPA agreed that they would present their position paper to CRC in one month time. 915 CRC Newsletter - January - February 2015

16 Together We Can Help Fight Ebola 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: Website: