ISSUES FOR POLITICAL PARTIES ENGAGEMENT WITH THE CONSTITUTIONAL REVIEW PROCESS

1. ISSUES FOR POLITICAL PARTIES ENGAGEMENT WITH THE CONSTITUTIONAL REVIEW PROCESS BY YASMIN JUSU-SHERIFF INDEPENDENT LEGAL CONSULTANT

2. EMERGING ISSUES IN S.L CONSTITUTIONAL REVIEW 2013-15 TORS FOR THE PRESENTATION • Analysis of the 1991 S.L. Constitution related to Areas of Interest to political parties • Identify Gaps and potential intervention areasfor political parties • Recommendations to support political parties’ engagements with the entire constitutional review process

3. Background S.L. has had 4 Constitutions since 1961: 1961- Independence Constitution 1971- Republican Constitution 1978-One Party Constitution 1991- Return to Multi Party Constitution -Resulted from civil society initiatives(Sierra Leone Bar Assn Conference & FBC Student Union advocacy); 1ST Time drafted thru broad participatory processes involving more than just politicians.

4. Background Contd • In April 1992 NPRC suspended 7 month old 1991 Constitution and political parties; Advisory Council’s 1993 draft constitution was still born • Both Lome Peace Accord 1999 & TRC Report 2004 call for constitutional review as peace building and peace consolidation strategy. • Limited effort to comply until Peter Tucker Review Commission(PTRC) appointed by Pres Tejan Kabbah in Jan 2007 & Report presented to Pres Koroma in Jan 2008

5. Background Contd • Over 5 years elapsed between presentation of PTRC Rept & Govt’s response: July 2013- new Cowan CRC charged to “Review the Constitution of Sierra Leone, Act No. 6 of 1991” including: • With 84 members, the new committee has a much larger membership than any previous CRC constitutional roughly 25% drawn from government or state institutions, 40% from political parties and the remainder from civil society and non- government organisations. • Even after clamour 19 women only on CRC; well short of TRC Recommendation & President Koromas’s 2010 promise in Moyambaas the minimum quota/proportion of women to sit on any decision-making body. .

6. Issues for Political Parties • The Language and style of the Constitution is difficult and inaccessible to almost everyone • The obligation on the citizens to abide by the Constitution is not matched by any obligation on Government to educate citizens on the Constitution or to make it accessible • Building, consolidating and sustaining PEACE are not mentioned among the political objectives I

7. ISSUES FOR POLITICAL PARTIES • Chapter II- ‘Principles of State Policy’ – described as ‘codes of conduct for the Executive, the Legislature, the Judiciary and the Public’; ‘the terms of the social contract between all Sierra Leoneans that is the basis for our voluntary union in the state’;- this chapter is limited in scope, insufficient protection of land & natural resources and NOT justiciable

8. ISSUES FOR POLITICAL PARTIES • PRINCIPLES OF STATE POLICY Directive Required that Principles to be used effectively by 3 arms of government even if not Justiciable. See Ghana Const Emphasize Accountability , Consultation & Information sharing obligations of MPs & Councilors; Strengthen language on Corruption and tackling Inequality; Emphasize Peace Building; building a culture of community & care; Include tolerance of divergent views, respect for difference, Citizen Participation, proactive citizenship,

9. ISSUES FOR POLITICAL PARTIES • Entrenched equal rights to Citizenship lacking(see PTRC) • Local Government to be guaranteed recognition, status as Chieftaincy is • Death Penalty NOT abolished (see TRC rec cfd to PTRC) • Proposed PTRC Anti Discrimination provision(section 27) is improvement but could be clearer in particular subjecting the institution of Chieftaincy, customary law & usage to principle of Non Discrimination

10. ISSUES FOR POLITICAL PARTIES Chapter III- ‘Recognition & Protection of Fundamental HRs- Social & Economic Rights not included- adopt and expand PTRC recs Non –Discrimination principle to be strengthened & made overarching; Equality of Opportunity to be emphasized -Individual Rights should be interpreted expansively the Courts -Rights to Health including Reproductive Health Rights, Education, Work opportunities, Food, Shelter & Clothing to be JUSTICIABLE • Excellent new Right to a Clean Environment

11. ISSUES FOR POLITICAL PARTIES Current weak Governance due to ineffective Separation of Powers between the 3 arms of Government & ‘Over mighty’ Executive. PTRC recommends remedy by -No MP is to be nominated as Minister or Deputy s56 -Separation of AG from Minister of Justice(TRC & PTRC Rec) *** -ALL presidential appointments to be subject to parliamentary approval- currently many appointments including temporary judges and plethora of ‘advisors’ and ‘special assistants’ are not -Section 77- Party/MP relations

12. TRC Recommendations for Inclusion in Constitution -Enshrine ‘human dignity’ as Part III right & Guarantee non-derogable HRs during Emergency(accepted by PTRC) -Outlawing of Corporal Punishment thru out S.L. society -Binding Code of Conduct for Judges & Magistrates as well as civil servants. What about for politicians? -Limit Political Campaign contributions *Related Rec- Limits on costs of governance and salaries of public officials, MPs etc as percentage of GDP

13. ISSUES FOR POLITICAL PARTIES • LAND RIGHTS - Land should not be just like any other commodity & Citizens’ access to Land to be guaranteed; foreigners shouldn’t have same rights as citizens over land; Land should always revert back to citizens;Principles on Land Investment to protect against Land Grabs • PROTECTION OF NATURAL RESOURCES - Entrench the Sovereign Wealth & Transformation Fund; Affirmative Action measures to have priority call on such a fund;Guarantee that Extractives to benefit all Sierra Leoneans see South Sudan Constitution • YOUTH Special recognition and protection for childhood and youth in Chapter II and Chapter III

14. Issues for Political Parties CON’T WOMEN’S RIGHTS • Unequivocal provisions confirming Equal Rights of Women. • Put all CEDAW Rights into Part III • Ensure Stronger Property Rights especially access to Land , Affirmative Action, Anti Discrimination and 30% Quota in decision making • Equal Opportunity/uniform access to leadership positions. • Repeal of section 27(4)(d) and (e) and gender discriminatory provisions in all laws • Make Constitutional Recognition of Customary Law and chieftaincy subject to principle of Non Discrimination • Remove barriers of custom and tradition to women’s access to chieftaincy and traditional governance; Confirm section 8(1)(a) of the Chieftaincy Act • Prioritize Equal Access to justice; place obligation on Judiciary to ensure it

15. POLITICAL PARTIES IN THE CRC PROCESS • Take Leadership or Die; Civil Society is on the move • Champion Public Awareness and participation; Demonstrate political parties comparative advantage in mass mobilisation • Push the boundaries of the debate; take risks with important but controversial issues • Engage MPs from the outset; don’t allow them to see themselves as marginalised /excluded and therefore justified to be spoilers at the end

16. POLITICAL PARTIES IN THE CRC PROCESS • Urge CRC to simplify the Constitution, clear language etc; use of national languages and multi media formats not just print • Call for CRC to look at existing obnoxious laws e.g- Public Order Act and recommend their repeal not just limit selves to Constitution

17. CONCLUSIONSTHE END • THANK YOU FOR LISTENING • Questions comments