SIERRA LEONE FREETOWN

Transcription

1 HANDICAP INTERNATIONAL SIERRA LEONE FREETOWN LEGAL FRAME WORK RESEARCH FROM: OCTOBER 2008 TO: APRIL 2009

2 CONCEPT A RESEARCH TO FIND OUT IF DISABILITY IS INCLUDED IN THE CONSTITUTION AND LAWS OF SIERRA LEONE

3 3 PREFACE The purpose of this study is to find out if Disability is included in the Legal System of Sierra Leone. It will be looking at the following: (1) Why Disability is included? (2) Where it could be found within the Constitution? (3) How is it included? (4) The reason for the inclusion? (5) How the theory is translated to practice? The study shall be bringing out why the inclusion and if not included, why not?

4 4 CONTENTS PREFACE INTRODUCTION - HISTORY & LAW MAKING PROCESS 1. CHAPTER ONE Why was there no Provisionary Act for people with Disability in the 1961 and 1991 constitution? 2. CHAPTER TWO IS Disability mentioned in the following Acts? (A) CHILD ACT (B) GENDER ACT (C) INHERITANCE (D) MARRIAGE (DISCRIMINATION OF PEOPLE WITH DISABILITY) (E) CRIMINAL PROCEDURIAL ACT (F) MEDICAL (G) TRANSPORTATION (H) MUNICIPAL OR TOWN COUNCIL ACTS (I) HOUSING SCHEME FOR PEOPLE WITH DISABILITY (PWD S) (J) EDUCATION

5 5 3. CHAPTER THREE WHAT INTERNATIONAL TREATIES HAS SIERRA LEONE SIGNED UP TO? HOW DO THEY TRANSLATE INTO NATIONAL LAWS? 4. CHAPTER FOUR WHAT IS THE LAW REFORM DOING AT THE MOMENT EXPECIALLY FOR THE INCLUSION OF DISABILITY LAWS? 5. CHAPTER FIVE THE INCLUSION OF DISABILITY LAWS IN THE SIERRA LEONE CONSTITUTION. 6. CHAPTER SIX CONCLUSION

6 6 INTRODUCTION HISTORY AND LAW MAKING PROCESS LAW: A set of Rules and Regulations that are meant for the good administration of a society, community or group. The purpose of law is to develop and progress its members. Constitution A constitution is a special legal document which sets out the basic functions of the various branches of government. It describes the machinery of government and the principles on which the machinery is intended to work. It describes the Day to-day Administration of government and the powers of those who govern. Legislature, Executive and the Independent Judiciary.

7 SOURCES OF LAW 7 In English law substantive, rules of law derived their authority from the following:- 1. Legislative 2. Judicial Precedent 3 Certain ancient textbooks of authority 4. Custom. The Principal sources of law are Judicial Precedents and Legislation. The subsidiary sources of law are textbooks of authority and to a very limited extent custom. LEGISLATION Legislation is erected law. In Sierra Leone the ultimate legislator is Parliament. It is set out at S.105 of our constitution that Parliament shall be the supreme legislative authority for Sierra Leone. That is parliament has no rival within the Law-making or legislative sphere and there is No legal limit to the power of Parliament. This is often referred to as the Doctrine of Parliamentary Sovereignty. Any Act passed by parliament which is of general application is absolutely binding on all persons within the sphere of parliament jurisdiction. Moreover, Parliament may make any laws it please however perverse of wrong and the courts, as interpreters of statutes/legislation, are bound to apply them. It should be noted however that though judges can challenge an Act of Parliament, there is scope/room for judges to interpret an Act in a particular way. Notwithstanding parliament s sovereignty, there is a limit and its legislative powers in that a present parliament CANNOT make laws today to bind or prevent a future parliament from making different laws in the future. That is, Parliament cannot bind its successors in a statute/act of parliament/legislation may be defined as an express and formal laying-down of a rule or rules of conduct to be observed in the future by persons to whom the statute is expressly or by implication, made applicable. JUDICIAL PRECEDENT As previously mentioned, the essentials of good law are, on the one hand, CERTAINTY and on the other UNIFORMITY and CONSISTENCY. Common law case law is judge made. That is the judges mounded or created out of the original customary rules the common law of England whose principles are today found in case law. Once a regular system of law reporting had developed and reports published, judges regard be guided by decisions in previous cases. Eventually it became the established practice that judges were bound to follow the decisions of higher courts in similar cases. That is the doctrine of binding judicial precedent. In 1966 the Lord Chancellor made the following pronouncement in the House of Lords:

8 8 Their Lordships regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely on the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordships nevertheless recognise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. It can be said therefore that there exist both advantages and disadvantages to case law and the doctrine of judicial precedence. TEXTBOOKS OF AUTHORITY There were times when barely begun and ancient textbooks Soul Hale s History of the common law and please (1730) and Sir William Blackstone s common law were accepted as books of authority and original source of common law. The modern textbook is not a source of law, of authority. However such works may have that is counsel or a lawyer may adopt the view of a distinct writer and the court may accept that view this indirect way the writer of the textbook influence the law. E.g. modern works by salmond, Smith and have offer referred to by lawyers today thus indirectly influence the law. CUSTOM A local custom is a usage or rule which has gathered this force of law and is binding within a defined area upon the persons affected thereby. In Sierra Leone customary law is mainly practised in the provinces amongst the various tribes living there and is binding upon those persons within that defined area. The onus of proof of a local custom rest on the person claiming that such a custom exists. Judges will recognise and enforce a custom if it is: 1. Reasonable 2. Certain as to the subject matter of the right, the person s benefited by it and the locality 3. Local in the sense that the custom must be applicable to a certain district/village/tribe. 4. Of immemorial existence in that it has been the custom since long before anyone can remember. 5. Continuously observed 6. Consistent 7. Compulsory to members of that locality where it is a custom 8. Not contrary to any statute.

9 9 HISTORY The process of law making could be traced far back to the end of the Homo Sapience Sapience Era and the beginning of Cro-Magnon man (early man) Early man started to live in small settlements, Communities or groups in order to prevent other early man from invasion. During that time early man had rules and Regulations for the defence of their settlements. Those rules could be referred to as laws because they were meant for the progress of their settlements and their new inventions. After the Era of early man, great cities started to develop and empires. Cities like sparthan and Athens and many others introduced Public Square Laws in defence of their cities or Empires. During this period everyone participated in law making. Philosophers like Socrates, Plato, and Aristotle are all referred to as founding fathers of law. The process of law making in Sierra Leone could be categorised into three stages: - For the purpose of this studies A - Law making before colonialism B - During colonialism C - After independence. A. Before Colonialism Law making process before colonialism in Sierra Leone was based on the different ethnic tribes that had migrated to settle in the different parts of Sierra Leone. Such tribes are the Kpamende, Temnes, Limbas, Yalunkas, Korankos, Kono, Kissy, etc. Laws were purely based on the customs, traditions, and the traditional high priest ((Voodoo and fetish) for their ethnic groups. One similar or common feature of law making process before colonialism among these ethnic tribes was that the kings and High Priest had absolute control over law making. Such laws were only interpreted by the kings and the fines and punishment were determined by the kings and their advisers. The High priest prepared the worriers to battle and such were always consulted for everything including making of laws for their community and what kind of punishment if the laws are contravened.

10 During Colonialism 10.. The industrial revolution in Europe led to the scramble for territories in Africa by European Nations. Sierra Leone as an African territory was colonised by Britain. The capital city Freetown which was originally a sherbro and bullom settlement became a colony, Bonthe sherbro and part of shenge village. The other parts of the country became known as the crown protected areas (protectorate). The British colonial masters introduced the policy of DIRECT RULE (Governing through the chiefs). Law making that was a traditional and customary issue in the hands of the kings, chiefs or traditional high priest shifted automatically to the British Colonial Masters. Laws for the colony was made in England (monarchy Laws) and the protectorate laws were statutory laws made by the governor of the team of the territory. In this strive, three judicial court system was set-up by the governor as means of having total control over the territory. A - THE GOVERNOR S COURT. A - THE GOVERNOR S COURT B - THE GOVNOR AND CHIEFS COURT C - THE CHIEFS COURT This court was purely presided over by the Governor of the colony. It dealt with crimes that were committed against monarchy laws. One such crimes was the HOUSE TAX (HUT TAX) This was instituted in the territory for all male adults living in the provinces to be annually paying PER HEAD Tax. Bai Bureh of Kesseh resisted the payment of this tax to the colonial government and his people. The rebellion against this tax was so serious that some members of the frontier force lost their lives and Bai Bureh drove the colonial masters from his chiefdom up to waterloo. This riot greatly angered the colonial masters and brought police men from Britain to arrest and detained Bai Bureh. Another law for the governors court was the Railway laws. The colonial masters instituted a law for promotion stating that all Africans (Sierra Leoneans) working in the railways can only be promoted by passing the railway promotional examination but the British and white colour workers were exempted from such examination. This led to the railway strike in Again the colonial masters had to employ the Royal Police from England to stop the strike.

11 11 B - THE GOVERNOR AND CHIEFS COURT. This court system was chaired by both the governor and the chief for crimes that will affect the colonial government and the native people. One such law was the peaceful living of people together as a signed during the time when free slaves were repatriated to the free province (Freetown). In 1926 a serious strike took place that affected both the colonial government and the natives which was known as the Anti-Syrian Strike The colony creoles (Free slaves from Europe and the Caribbean) were heading and leading all departments including trade. They were highly educated and the colonial masters greatly relied on them in the colonial administration because of their level of education. Later another group of settlers who were white in colour were brought to Sierra Leone as refugees from Syria who were running away from war in their country. These refuges involved themselves in trade heavily and gradually overtook the colony creoles. It also coincided with the agitation by the colony creole that they should be represented in the colonial administration or else they should be exempted from taxation. These creoles influenced the native sierra Leoneans to attack these new settlers known as the Syrians. The British like before brought the Royal police to curl down the strike as one Syrians died and many injured. This dispute was settled by the government and chief under this Court Act. C - The Traditional Chiefs Court The chiefs court was a direct result of the policy of Direct Rule by the Colonial Masters as a way of maintaining Traditional and Customary Institution. People that violated the tradition and customary beliefs were tried in this court purely by their traditional rulers. Such law like failure to marry a woman before sex or having sex with another man s wife were all tried in this court.. AFTER COLONIALISM In 1957, the British colonial government under the directive of the British monarchy started to include Sierra Leoneans into government administration and finally in 1961 government administration completely became a Sierra Leonean issue. Law and constitution purely rested in the hands of Sierra Leoneans and the house of parliament became the only institution responsible for law making in Sierra Leone. Law making thereafter was designed into five stages (1) First Stage - The Draft Bill - Introduction (2) Second Stage - Reading of Draft

12 12 (3) Third Stage - Debating Stage (4) Fourth Stage - Committee and Voting (5) Fifth Stage - The presidential Ascent I - First Stage: DRAFT BILL A Bill is draft by a minister, a member of parliament, a government officer (Specialised Bill) by an appointed group of people asked by government to reform a constitution. The Draft Bill is then presented to parliament and copies are printed and distributed to all members of parliament. The draft is distributed by the clerk of Parliament. The minister, parliamentarian or the initiating body will read the bill in an open parliament for the first time. No vote is taken but the Bill needs to be adopted for it to go to the next stage. If the Bill is not adopted by motion then the Bill dies at this stage. II SECOND STAGE = EXAMINATION OF CLAUSES When the bill is adopted, it moves to the second stage where all the clauses are examined. At this stage, the clauses are examined carefully, sentence by sentence and word for words. Any clause that may rendered the Bill not legitimate are removed and any other important idea omitted is included. After a thorough examination of the Bill, the Bill will be adopted again by motion and then it moves to the next stage. III THIRD STAGE = COMMITTEE AND DEBATING STAGE At this stage the Bills goes to the committee and the Amended bill is read for the second time and the Bill is fully debated by parliament. During this stage, the necessity of the bill is debated and explained by the presenter of the bill to parliament and the bill moves to the next stage. IV FOURTH STAGE - VOTING STAGE After the bill had been fully debated, the bill moves to the fourth stage where a vote is taking by Members of Parliament for it to have the two third (2/3) majority before it goes to the next stage. Those who are in-favour of the bill will indicate by raising their right hand and the counting is done by the clerk of parliament. Those against the bill shall raise their hands second also counted by the clerk. If the bill does not get the required 2/3 majority it will not go to the final stage but once it get the 2/3 then it will move to the final stage. Favoured members will say I and against will say Nill and the speaker of parliament pronounces the result and moves the motion of the bill for presidential ascent.

13 13 V - FIFTH STAGE PRESIDENTIAL ASCENT. After the bill had gone through all the aforementioned stages, the bill is sent to the President by the Speaker of Parliament for his signature for it to become a law. Information like date, title of bill, Drafters of the bill and the reason for such a law are stated and attached for the information of the President.

14 14 CHAPTER ONE WHY NO PROVISIONARY ACT FOR PEOPLE WITH DISABILITY IN THE 1961 AND 1991 CONSTITUTION? Law had been previously defined in the introduction of this research including its sources and definition of constitution as well. The two most important constitutions in the history of Sierra Leone are the 1961 and 1991 constitution. This study had looked at the 1991 constitution in detail as the 1961 constitution could not be easily traced. However, lectures from judges and lawyers had helped with some details of the 1961 constitution. Both 1961 and 1991 are drawn from the unitary type of government in Sierra Leone. Therefore, questions like Why the 1961 constitution? Why the 1991 constitution? And if there is no provisionary act for disabled people, had been critically examined. The 1961 constitution and any provisionary Act for the disabled. The main purpose of the 1961 constitution was the first free hand constitution for Sierra Leone drafted and passed by Sierra Leoneans after colonialism It was the biggest political symbol of true Independence. The 1961 was much more concentrated on how to set the first and new political administration in Sierra Leone. People with disability were not actively or passively mentioned unlike the 1991 constitution. The provisionary acts of the 1961 constitution is a general embodiment and no isolatory act for people with disability THE 1991 CONSTITUTION (The multi-party Constitution). The 1991 constitution bill having gone through Parliament became the constitution of Sierra Leone on the 25 th day of September, 1991 with the Fourth schedule Declaration of compliance under Mr. William Mark Stephen Conteh satisfying as speaker of Parliament and the printing satisfied by Mr. M.T. Beths-Preddy as clerk of Parliament.

15 .15 Under sub section (4) of section 55 of the 1978 constitution, the bill was presented to parliament by Hon. Dr. Abdulai Osman Conteh - officer of the order of the Republic of Sierra Leone, Attorney General and Minister of Justice on the 4 th day of June This was a direct result of pressure from International Committee and Civil Right movements to move the country to a multi-party state and thus approved by his Excellency, the President Dr. Joseph Saidu Momoh, President of the Republic of Sierra Leone on that day or that time signed. The constitution did not make very special provisions for People with Disability but in clarifications of section 8and 9 mentioned People with disability. Page 4 of the 1991 constitution section 8 that, the social order of the state shall be founded on the ideals of freedom, Equality and justice (Social objective) of subsection (3) of the state policy, article (F) state that, The care and welfare of the aged, young, disable shall be actively promoted and safeguarded. Section (9) Educational objectives, article (B) states that Safeguarding the rights of the vulnerable groups, such as children, women and the disable in securing educational facilities. The 1991 constitution known as the multiparty constitution due to political pressure and interest did mention in words under the above articles People with disability This could be considered to some extent as a passive provision article for people with Disability. Therefore, the question of ruling out completely that there is no disability act within the 1991 constitution is wrong. Despite the constitution in question was categorically, the neglect of the disable should be questioned and a reason for their inclusion now. However, the provisions under these articles (Disability) were only mentioned for clarification of categories of those that may be affected by that provision act. In both articles, the right of the disabled for Social and Educational Right is extended to disability without discrimination. Comparison of these two constitutions could not be made at this time of this study, as the 1961 constitution could not be traced. As a matter of fact, a clause of clarification of categories is not enough for a set of people (Disabled) to be considered as laws. What actually the drafters may have done is to make a special clause under section 9 after article D of section 9 after article C respectively which says: - providing the necessary structure, finance

16 16 and supportive facilities for education as and when practicable after C could have been an emphasised article for the disable and not just an open article like B which includes children, women and disable. Because not all children and women are disabled despite they are vulnerable. This might be seen as a special provision. The Embodiment of vulnerable people (children) women and the disable) could be quite in place for a constitution but to make it dynamic for a special vulnerable set of people like the disable, a special emphasis article could be seeing as a substantial consideration. This will have no negative effect on the constitution or Laws of Sierra Leone. Because disable people are citizens and the only way government should cater for any vulnerable group (disable) should be clearly spelt out in the constitution or Laws of the Land. Moreover, if disability is fully mentioned (emphasised clause) the affected group (disable) will get or have the total spirit of been considered by government. The possible inclusion will serve as a deterrent to those that will take advantage of the disable because of their status.

17 17. CHARPTER II IS DISABLILITY MENTIONED IN THE FOLLOWING ACTS 1 Child Right Act 2 Gender Act (Girl Child Education) 3 In-heritage 4 Marriage (Discrimination of PWD s) 5 Criminal procedural 6 Medical 7 Transportation 8 Housing Scheme for PWD 9 Housing Education 10 Municipal or Town Council Let me hasten to say that this chapter is the most important and it entails some portions of documents from UNICEF, Ministry of Social Welfare and Gender (Draft bill for handicaps) and other necessary official discussions. Interviews with people living with the disable had clearly giving reasons for the omission of disability in the Constitution. 1. Child Right Act The child right acts do not contain any thing on people with disability. Both UNICEF and the 1991 constitution did not mention disability. What is probably significant is the raising of funds and treatment to prevent any disease that may cause disability before birth. A Senior Medical staff during interview about the child right act said, it is less important to mention disability because the aim is to completely eradicate the disease. So the right of the child goes across the board for all children whether disable, blind, deaf or dumb have equal right and that is why the school for the deaf and dumb are created. In summery disability is not mentioned as an entity in the child right act but as a category of group.

18 18 2. GENDER ACT (GIRL CHILD EDUCATION) Disability is not mentioned in the Gender act as they are all considered as humans. The campaign for girl child education was as a result of survey conducted right across Africa that more male children go to school than female children. Therefore the act that was adopted in 1991 (Girl child Education) was just a campaign for African parents to send their female children to school equally like the male. As such, the act was not an entity for disable children. 3. INHERITANCE INHERITANCE is a very important factor for the disable but Property acquisition act of the 1991 constitution did not take a special look for the disable. Mr. Trye a Social worker in an interview at the ministry of Social Welfare elaborated so much on property acquisition act that disabled people on many occasions are deprived of inheriting their family properties. Inheritance probably even in the vision statement of the National Policy for the disable is not mentioned. 4. MARRIAGE DESCRIMINATION In Sierra Leone, a new review of the marriage laws did not mention disability. Probably the stay of any female and male together for five years automatically in jurisdiction should be considered marriage. In Sierra Leone majority marriage are traditional and the mentioning of disability had been completely disregarded. Most honestly, if disable are separated from the normal marriage act they will feel as different human beings. However their situation in marital homes should have a special treatment if there is a need for jurisdiction. 5. CRIMINAL PROCEDURIAL ACT Definitely, disability again is not separated here. A criminal offence is an offence against both the state and an individual. The offence been a very serious crime, therefore the procedure during jurisdiction is universal. However, the draft bill by Hon. Julius Kofi presented to parliament to be enacted into law, has reviewed the criminal Procedure Act for Disabled people However if there should be a review of this act for the purpose of the disable should be much more technical as it comprises of numerous offences against the state and individual.

19 19 6. MEDICAL ACT It was highly expected that the medical act of 1961 should have mentioned disability because of the numerous challenges they face in life. The portion of the medical act did not mention disability and could be seen as a total neglect. Despite people with disability are human, but it is worth mentioning a special clause within the constitution. Despite with the review bill (Draft Legislation on disability 2004), the Law Reform has also questioned the omission of disability within the medical act. 7. TRANSPORTATION ACT The transportation act of 1964 had not mentioned disability. The government transport act had only stated that government should provide affordable and convenient transport for the public. In this act, the mentioning of disability is also necessary but it is totally neglected. Movement of people is a daily activity of every human being and this is the main challenge to the disable. The inclusion of disability within the transport act will be a symbol of care by the government most expectedly to pay half or nothing in public transports. 8. MUNICIPAL OR TOWN COUNCIL ACT The Municipal or Town Council acts are statutory of parliament for the Freetown Municipality, had mentioned people with disability. The municipal statutory act of education for the creating of Municipal school for children with disability like the deaf, dumb and the blind are as a result of acquiring funds and assistance in the establishment of the following schools. (i) (ii) (iii) School for the deaf, dumb and the blind Save our soul - a worldwide programme School for street kids Established by Freetown Municipal Council Despite the mentioning of people with disability it has little or no clause in the other statutory acts like health. 9. HOUSING SCHEME FOR PWD S Within the 1991 constitution Housing Act Disability is not mentioned per say. But a housing scheme for poor people. The government housing scheme (Low Cost Housing) could have included disability but it was only after the war in 2001 that a housing scheme was adopted for amputees.

20 20 The Amputees housing scheme is not universal to include natural disability but a system that only focuses on amputees as a way of resettlement and the peace building process. A very necessary clause if disability laws are to be approved by government. EDUCATION Disability act is scarcely mentioned in article 9 of the 1991 constitution. It states that government should provide adequate education for its citizens, safe guiding the right of vulnerable groups such as children, women and the disable in securing educational facilities. In the entire constitution of 1991, it is only in article 8 and 9 that disability is mentioned as an identification for all categories of people to be affected by this clause not actually specified as an entity like those in the draft Legislation on Disability The persons with disability Bill The education laws of Sierra Leone say; I - All children at the age of six (6) should go to school. Ii - That education at primary and secondary should be free Iii - That education materials and facilities should be provided freely when practicable. IV - That pupil should only pay school charges. V - That university student can acquire government grant in-aid. The entire drove is theoretically the educational laws of Sierra Leone. If this law are examined practically, the following conclusion will be amid at. (I) - Primary education which is supposed to be free is far more costly then before. As parents have to buy uniforms, books, pay sport funds, pay parents teachers association and extra funds levied by the school or by the teachers. Practically education is not free as expected to be by law. (ii) - Both primary and secondary education is subjected to all payments as state above which periodically makes both primary and secondary education expensive. (iii) - The provision of educational materials by government practically to a very large extent commendable with the implementation of the SABABU EDUCATION policy. Many schools that were destroyed during the war had been rebuilt and seriously war affected area use to receive educational materials.

21 22 (iv) (v) (vi) The payment of school changes had been received by parents as a way of paying school fees. Indeed universities are acquiring Grant-in-aid from government but the most important questions how many of the university have grant? Also is the grant covering all college charges? Definitely, even those who acquire grants still pay extra charges that are exorbitant and many do not even get grant throughout their stay in college. Therefore the laws are only effective in theory and practically, they are not working. Looking at the educational objectives in article 9 of the 1991 Constitution, only vulnerable groups mentioned the case of the disable was not specifically mentioned as their status is more challenging especially those in learning institutions(formal education). So what could have been very accurate, is to single out the disable at the time of outlining article 9 in the Constitution

22 23 CHARPTER III WHAT INTERNATIONAL TREATIES HAS SIERRA LEONE SIGNED UP TO? HOW DO THEY TRANSLATE INTO NATIONAL LAWS? After the end of the first (1 st ) world war in 1918 the allied forces who were the victors formed the League of Nations to mainly prevent the reoccurrence of such a future war. Britain who was part of the allied forces and the colonial masters of Sierra Leone at that time registered Sierra Leone as a member country of the League of Nations. However, the reason for the formation of the League of Nations collapse with the out the break of the Second (2nd) world war in 1939 to The United Nations came into existence immediately with the same reason of preventing such a future war. Sierra Leone became the hundred (100) member state of the United Nations. Since then, Sierra Leone has ratified and signed several treaties and past into national laws. It is important to mention that Sierra Leone practices the Dualistic principle within the United Nations. That is, any ratified and signed treaty has to go through parliament before it becomes a National Law within the country. The treaties that are ratified and signed and gone through parliament that is practice as national or domestic law today are as follow: FUNDAMENTAL HUMAN RIGHT LAW The Fundamental human right law is the law that protects the right to life and to exist as a human being and should not be taken away by any body except otherwise. That is, once the person is not found guilty by due process of the law for murder or treason should not be killed. (i) The fundamental human right law of the United Nations origin had gone through the Sierra Leone house of parliament and adopted as a domestic law which allow capital punishment for murder and treason. (ii) The United Nations protocol of armed conflict (Geneva Protocol of 1977) is another United Nations originated law that has also been recently past into national law during the armed conflict Sierra Leone that lasted for eleven years. The significant statement in this UN protocol is that, anybody not carrying arms or surrenders should not be harmed. It further state that children should not be used as child soldiers, women and civilians who are not part of the fighting conflict (Fighting Force) should not be arms by any of the fighting fractions. This is a direct result for the institution of a special court in Sierra Leone to try those that were leaders of the warring fractions that violated these protocols as on the request of the Sierra Leone government.

23 24 (iii) REFUGEES AND PROTECTIONS The United Nations ratified treaty that Sierra Leone has signed and passed into domestic law is the refugee protection. The protocol that says, that people running away from their country in fare of persecution or armed conflict or natural disaster like earth quake should be allowed in the country to seek refuge and protected by law. Thousand of refugees by virtue of this law both United Nations, and Sierra Leone were able to seek refuge during the Liberian Civil war and in order trouble countries within the sub-region (West Africa) in Sierra Leone. (iv) THE CITIZENSHIP PROTOCOL The citizenship protocol is a very important ratification having been adopted by Parliament became part of Sierra Leone domestic law. It states that citizenship can be acquired on the following grounds for foreigners who wish to. (a) Born within the country (b) Long stay within the country without committing any crime (Criminal Offence) (c) Getting married to a native of Sierra Leone Practically in Sierra Leone foreigners like the Lebanese or Guineans to mention a few, have acquired citizenship and are permitted to excise their franchise as Sierra Leoneans. (v) THE UNITED NATIONS GOVERNMENT AND DEMOCRATIC PRINCIPLES This is one of the oldest ratified treaties despite it was violated in 1978 by a referendum that brought the one party rule up to 1992, until a military coup on April 29, 1992 and the retuned of the country to multi- party state in This protocol says that all member countries should practice true democracy by holding frequent election and two or more political parties should exist as witness in the 2007 election in Sierra Leone. (vi) OPEN DOOR POLICY INVESTMENT PROTOCOL Sierra Leone as member of both United Nations and Ecowas had adhered to this treaty by allowing and protecting foreigners who wish to invest in Sierra Leone. However, there are set criteria s for foreigners to fulfil before they are allowed to set up their private businesses. Once these criteria s are met they are protected by the law or constitution of Sierra Leone.

24 25 The aforementioned protocol are practically spelt out within the laws of Sierra Leone and observed by every body. Punishment is always levied by the court of law of Sierra Leone for those who contravene such laws. HOW DO THESE TREATIES BECOME DOMESTIC LAWS? Like earlier mentioned, Sierra Leone on a dualistic state within the United Nations, treaties have to go the house of representation before it becomes a national law. How does this normally happen at parliament level? Firstly, the President or Head of state always or normally go for the united nation generally assembly meeting together with the minister for foreign affairs. When treaties are brought to the General assembly, the Heads of state after fully been discussed and vote taking by the General assembly, the President sign and ratify the treaty. Thereafter on his return, the Minister of Foreign Affairs together with Anthony General and Minister Justice examine the signed and ratify treaty. Both the Minister of Foreign Affairs and Anthony General present the notified treaty to parliament and explaining the necessity to become a domestic laws. Copies of are distributed to members and a time frame is given to study the freely. Thereafter the treaty is been discussed in an open parliament together with the minister of Foreign affairs and the Anthony General. At time, any clause of the treaty that is not of interest is limited but no addition is made. A vote is taking by the general or entire parliament for that treaty to become a domestic law. However all treaties that had been signed and ratified and passed into domestic laws had been easily applicable to Sierra Leone domestic laws. The ratified, treaty goes back to the president for ascent despite first signed at the united nation. This is because; Sierra Leone is a hethro-generous country and operates on a unitary constitution.

25 26 CHARPTER IV What Is The Law Reform Department Doing At The Moment Especially For The Inclusion Of Disability? The Law Reform department was set-up in 1996 by former President Kabbah with the motive of reviewing the entire constitution is in line with the present political, social and economic demand of the country. It is expected of every constitution to the dynamic. That it should serve the demand of the people at that time. Former president Ahmed Tejan Kabbah in the strive to achieve the aforementioned, appointed Dr. Peter Tucker and team to review the 1997 constitution and come up with the new constitution of sierra Leone. Also, a law reform department was establishing in time to give support and technical advice to the fear. The Peter Tucker Law Reform Committee completed their work in 2003 and present it to President Kabbah and a copy to law reform to critically examine the document for it absolute necessity for the country. During this research, many effort were made to get a copy of the drought but to no avail. However, it is crystal clear that the drought is with the Law reform for Technical advice. From very reliable consultant with some legal employees out the Law reform the drafts had not been presented to parliament for debate on the following grounds. Firstly, the lean was set-up when the rebel war was still carrying within the country, as such, many of articles and clause contain lays more emphasise on the war, peace and post war. Also economy of the country was yet to achieve stability for a new constitution to have it worth. Another reason for the long hold on the constitution was that, at the time of recruiting the draft the political situation which called from multi version was yet to be stable. However, the drafts have been fully received and in a very due course, the draft will be presented to the parliament by the Anthony General and minister of justice. Some of the articles for consultation that affects people with disability also fall under social and educational articles. From the experiences of documents, conferences and advocations together with the presentation of the draft bills by honourable Julius Kofi, separate clauses have been inculcated in the law reform draft. Infact, the delay of the new draft by law reform should be seen on as a social blessing in disguised for disable people in the draft bill came in by Hon Kofi came in very much later.

26 27 One important and special clause of that draft from disable people (children) in that all children with disability should receive free education (schooling) with free uniform and school materials. Also they should be exempted from public examination charges conduct under the supervision of the Sierra Leone government. Those disable people that goes up to tertiary level, college or university should be given automatic granting aid by the government. Within the social charges and other important clause of the draft that had been examined by the law reform in the social security of the disable people that are legible or qualified academically for certain jobs except for jobs that involves physical exercises like the police or any, should be given preference. These are the two most important clauses that this study was able to get from some members of the report department. However, the drafted clauses has to get the total support of 2/3 majority of parliament at the time it shall be presented to parliament. This study fully investigated when the new draft shall be presented to parliament on what the law reform intent doing reset? But it was not clearly stated why the hold-up. It is important to note that there are others clause on their might be other clauses within the draft which the clauses within the draft which the lawyers for reasons best known to them for this study. One other important fact about the inclusion of the disable people is that, very heavy pressure is to the knowledge of the law reform for the inclusion of disable people to include them into the constitution and the laws of Sierra Leone.

27 28 CHARPTER V The Inclusion of Disability Law In the Sierra Leone Constitution The inclusion of disability in the Sierra Leone constitution is extremely vital due to the challenges they face. The 1991 constitution did not completely neglect monitoring disability into the following Acts with much modification as the disable people are human: Education Act of 1991 and Disability Inclusion The educational objective of 1991 constitution, article 9 which says Ensuring that citizens are given the opportunity to be educated to the best of their ability, optitude and inclination by providing educational facilities by all levels and aspects of education such as Primary, Secondary, Vocational, Technical, College and University clause B of the same article says Safeguarding the Right of Vulnerable Groups, Such As Children, Women And The Disabled In Securing Education In full explanation of clause C of the said attitude providing the necessary structures and finance and supportive facilities for education as and when profitable. For extremely and inclusion for disable people in Sierra Leone, additional clause could have been added Especially for the disable to ensure that the able to assess education to suite their status if such a clause is added or was added, could be considered as on inclusion of disable in the constitution of Sierra Leone. The Medical Act of 1965 And Disability Inclusion The Medical act of 1965 says, that medical facility should be available throughout the country for easy accessibility by citizens and free of cost was quite in place as it was free and open to all citizens. However, the reviewed act of 1994 says That citizens should pay minimal fee to meet the cost recovery fee for dumps to ensure it availability in hospitals and health centres. Again, probably the change in the economic trends at that time could make the clause to be in place but for inclusion and consideration of disable people as they face numerous challenges in Sierra Leone. As a third world country they should exempt the disable people from the payment of such recovery fee if they wish to get drugs from government health centres, or hospitals. An exceptional clause in the Medical Act of 1994 could be seen as inclusion to the Act. If such a clause (Exemption of paying cost recovery) for drugs at Government health Centre is a positive inclusion.

28 The Transport Ac Of 1964 And Disability Inclusion...29 The transport act of 1964 says That government should provide convenient and affordable transport for its citizens. In a more vivid explanation, comfortable and minimal but this act did not exempt disable people from the payment of such fees especially those disable children that use transport to school. If such a clause is enacted or was enacted in the transport act, could be seen as an inclusion. The Housing Scheme Act Of 1970 And The Inclusion Of Disability Recently after the war, the resettlement and reconstruction and programme made consideration for amputees to construct houses for themselves. The disable were completely neglected in 1970 housing scheme which resulted in the construction of the Low Cost housing today in kissy mess mess. The scheme only needed looked at or paid much attention to poor people and failed to give any preference to disable people. The act should be reviewed to meet the present demand of disable people with the present ongoing NASSIT+ HOUSING PROGRAME all over the country. The program (NISSIT) is presently putting up low cost houses for the public. Government should make an inclusion of the disable and they could fit in the disable people into the program especially those that have acquired trade. THE PUBLIC ORDER ACT OF 1964 AND DISABLILITY INCLUSION The act specifically paid much attention of the use of provocative language against other person which should be punishable by law, but this is viewed by this study as a very good means of including disability act. In that any person found provoking a disable person should face different punishment since their status is natural but people sometimes capitalize on their deformity to provoke them. Like stated earlier that the draft at the law reform could not be access but with the intention of including disability, should once review the above mentioned act to include the disable.

29 30 CHARPTER VI CONCLUSION In making a total conclusion of this study, let me start with very factual analysis. Firstly, despite a survey had not been conducted to know the total number of this disable people with the country but their number seen on the street on every where proves there are a very good considerable number of them in Sierra House community. Also, disable people are deform in one way or the other (Natural or Artificial). Their status makes them to face many challenges in their life. The issue of disable people is up to the knowledge of government and International organisation like the United Nations, African Union and Ecowas. They re human beings and their status to a very large extent are natural (Except for the war victims, those legs or hands were amputated). Their status always makes them people in need always, From those analyses, in accordance with the present constitution, public acts and laws is study makes the following conclusion. The most paramount security in any community is the how security out of the three security (Law security, security agent and community security). The law security could be very fundamental for the disable; despite they are human-being for them to feel included into government policy. For instance, from the analyses of the constitution (1961 and 1991) disability is very scarcely mentioned in the social and educational act and not even as on entity but a clarification of affected group. This study in the previous chapter had explicitly analyse areas of the constitution, public order acts and how there set of people (Disable) could fit into the constitution, public order acts and laws. Also, the draft review from consultation presently had included the disable in the social and educational objectives of the draft constitution which has to through parliament. However, it will not been seeing as enough laws for their total security if the other vital areas of the constitution are neglected. A typical example to state is the public order act of 1965 for the use of provocative

30 31 Language. The mentality of many Sierra Leoneans (illiterates) normally takes advantage of disable status to use very bad provocative language against the (disable). As the issue of the disable is a global is a global issue, government should be in a very strong position to include the owner of the houses as way of solving their challenges and constituting towards their development. It is very time that there is a government but what is most needed to be seen in this, is the practical performance of this ministry to make meaningful contribution towards the disable. Government is always expected to play is the leading role in the development of its citizens and the disable inclusive. As such, one way of doing this is the inclusive of the disable in the government policy (constitution or Law). From all what this study had gathered it is very evident that government had played very little role elevating the status of the disable. The neglect of the inclusion in the 1961 constitutive is a tangible evident of the previous statement. Also the perceive mentioning of disability as an identification enough of affected people could be considered very little by government. Their inclusion by government will be accepted both nationally and internationally as an added feather to the cap of government. Like in the analysis in this concluding chapter, the problem of disability, to a very large extent, is natural and not by heredity. The government position if there should clearly understand this, means there should always come-up with a development program for the disable such as enacting changes within the constitution for them. An argument by one of the lawyers of the law reform department that a special law for people with disability may indicate that they are --- human beings and there is no need for special laws for them. From a --- point of view, one may accept but is not the other hand, if a group of countries (United Nations) including the first country in the World (U.S.A.) could make such an optional declaration the protection of the Human Rights of people with disability and taking the socio-economic situations of people with disability in Sierra Leone as the least on the index, then that lawyer should be in the favoured to pioneer the inclusion of such laws for disable people in Sierra Leone. Infact, the agreement put forward a deliberate factor for the exclusive of people with disability in the precious and present constitutional. In clear view of the law it is guide acceptable that law should be across the board (No one is an exception) but the point is that it had parted (previous and present constitution) to cater for the rights and protection of the disable so a review for inclusion in very important.

31 32 Basically, we expect every human being to be normal and remain normal. On the other hand natural things are always natural and remain natural. But laws are man made, probably the theory of native law could be argued yet additional on positive law in a central of the natural law theory. As such if laws are man made then the idea of have a clear vision of supporting the inclusion of people with disability into the laws of Sierra Leone. Sierra Leone as a member of the United Nations, the declaration of the world health organization, the United Nations conventions and its optional protocol on the rights of persons with disability should give a moral justification to the government of Sierra Leone for inclusion of disability laws within the Sierra Leone constitution with the present law reform process. The international organisation for the disable People (Handicap International) in Sierra Leone that is helping to meet the many needs of the disable could comprehensively advice on such laws together with other concerned organisation or the Ministry of Social Welfare and Gender. One very importance of a constitution is that it should carter for all and protects their fundamental human right. If such a fundamental human protection is to be guarantee, then it needs to be spelt within the constitution of Sierra Leone. This is because it needs to say the limit of protection, when the protection and punishment it contravene buy any other person. Any law that is not explicit and understandable is not a law. Like in the 1991 constitution people with disability was mentioned in article 8 and 9 of the educational objective and social right as part of the group of identification which could have been separately or a special clause enacted for the disable.