By Allieu Sahid Tunkara
The 30-minute interview I had with the Executive Director of the Constitutional Review Committee, Samuel Coker at the Miatta Conference Center, brought to light crucial information that I would like to share with you.
As it stands, the 1991 constitution needs to be rescued from its ambiguities, outright errors and patronising attitude towards the presidency in particular. It is for the successful execution of the rescue operation that President Ernest Koroma inaugurated the 80-member committee in June urging them to rely, to some extent, on the constitutional report of Dr Peter Tucker, who is one of the framers of the constitution under review and what NGO executives call best practice from other countries.
As a way of rolling out its mandate, the committee had developed a ‘Public Consultations Plan’ that would have enabled the committee to engage on nationwide public consultations had it not been for the Ebola outbreak that was officially announced in May this year. As always, the case with national commissions, agencies and committees created to execute national mandate, the CRC networks with over 40 government ministries, department and agencies, as well as some civil society organisations that can create the enabling environment for the process to continue.
As of now, the committee has received fifty 50 submissions from the public with each expressing diverse views on the constitution. This lends credence to the theory of a Free Market Place of Ideas which argues that everyone should feel free to express themselves on certain issues – sound or unsound, true or false – that affect his welfare. Later, the truth will emerge.
As a number of districts have been isolated to curb the epidemic, the committee’s work has been seriously crippled since its officials cannot tour the length and breadth of the country to source relevant and useful information that may greatly enrich their work.
In trying to meet the tight deadline of March 2015, the commission has been active in the Western Area sensitising the public using the media. The question which has been on the lips of many anxious Sierra Leoneans is whether the committee will deliver on its mandate within the stipulated timeframe of March 2015.
Another serious issue any rational mind can inquire into is about information relating to the budgetary allocation to the Constitutional Review Committee. This question, by all standards, is salient in that any institution set up by government depends on finance for its survival. I raised this question with Mr. Coker. His response was that government had demonstrated considerable commitment to the CRC process by providing reasonable resources to enable the committee carry out its mandate. I suggested to him that there was a resource gap that might plunge the entire process into a snail-pace motion. I will deal with that later in this article
I knocked at the door of the Outreach Officer and Spokesperson of the Political Parties’ Registration Commission, Lucien Momoh to source firsthand information on how his organisation had been working with the CRC.
In his brief response, I learnt that PPRC which has been mobilising the 10 registered political parties in the country to throw their weight behind the CRC has now diverted the focus of these parties to the Ebola Eradication Campaign. Momoh emphasised that democratic activities, like the constitutional review process, cannot thrive in an Ebola-hit nation. I believe when the situation gets back to normal, political parties will again join the bandwagon in the review struggle as the Head of PPRC, Justice Tolla Thomson chairs the sub-committee on the legislative branch of government at the CRC.
It is no secret that the review process would have profound impact on the future activities of political parties, and it is incumbent on them under sub-section 1 of section 35 of the 1991 Constitution to shape the political life of the people of Sierra Leone.
Also integral to the CRC work is the National Commission for Democracy which has been flexing its muscles in providing the much-needed information to the populace. The commission, according to its nomenclature, should be the custodian of democracy in a modern state like Sierra Leone. Taking pride in itself, the commission has been presenting papers to several audiences in the regional headquarter towns of Bo, Makeni and Kenema allaying fears that the constitutional review process ws set up to extend the political mandate of the President.
The Communications and Public Relations Officer of the commission, Gibrilla Kargbo told me his institution was working assiduously to translate relevant portions of the Sierra Leone Constitution into five local languages: Mende, Themne, Limba, Kono and Krio. "The document will be out soon," he promised.
A microscopic examination of the work of the CRC discovers that the commission has divided its work into five thematic areas: the legislature, judiciary, human rights, local government and other ancillary bodies of government.
Two thematic areas, human rights and ancillary bodies arrest my attention. The concept of human rights has triggered endless debates at both national and international level. The human rights issue has become an inexhaustible goldmine which academics, legal experts, as well as humanitarian organisations are exploring. As a passionate supporter of human rights and other civil liberties, I have always argued that the some established rights contained in Chapter 2 of our national constitution titled ‘Fundamental Principles of State Policy’ be made justiciable. In other words citizens could drag to court, service delivery institutions whenever those institutions default on their mandate. Besides, recognition and respect for all categories of human rights is the strongest foundation for peace and stability in any society.
In my view, such arrangements will discourage political charlatans from aspiring for the revered seat of the presidency and other positions of public trust and responsibility. If citizens are not permitted, by law, to sue the government for failing to cater for their entitlements, let there be an alternative for an impeachment through a ‘vote of no confidence.’
The concept of ancillary bodies is also key to this article as contemporary governance transcends the traditional three arms of government.
Valnora Edwin, head of Campaign for Good Governance has expressed doubts over the success of the decision of the National Commission for Democracy to translate portions of the constitution into five local languages because Sierra Leone has a large number of illiterate citizens. She however maintains that though the move could be of significant help in the long term. She also cites the Truth and Reconciliation Commission report which, according to her, obliges government to review the current constitution to bring it in line with the demands of modern democracies.
Campaign for Good Governance which has proved to be a vibrant civil society has clearly identified priority areas in its intervention in the constitutional review process. Key among these areas is accountability and natural resource governance. Providing oversight function on such issues of national importance is one of the cardinal principles of civil society organisations in contemporary societies. The questions that have been lingering on the CGG agenda of the review process are: does the country need a second term for the presidency? Do we need a run-off? Do we need a benchmark of 55% in elections? I pause for answers.
Let me come to the secret of the constitutional review process being the thrust of this article. It's about the financing of the Constitutional Review Process which is the main pillar that may lead to the achievement of the main goal of the Committee. I spoke with the Communications Analyst of the United Nations Development Programme in Sierra Leone, Abdul Karim Bah who declined to comment on the issue as he didn't have the blessings of his authorities.
I always ponder over the existence of communication officers if their bosses cannot – or will not – enable or allow them to comment on issues as important as this. More serious in this regard is the Ministry of Finance not helping the situation. I have made reasonable effort to dig into the well-guarded secret but it is very difficult to get to the bottom.
As I write this article, I am still curious to investigate the issue and bring such valuable information within public domain very soon. I hope and pray that Sierra Leone will get to a level in which information will no longer be a sacred commodity. Surely, I will invoke some sections of the Right to Access Information Act, 2012 so that the secret can no longer be secret. I was thrilled last week when I learnt that the necessary structures are now being put in place for the actualisation of the Act.
With such venture, I believe trained and qualified information officers with the required autonomy will be posted to the various government ministries, departments and agencies. All things being equal, they will really appreciate the value of information. Even biblical scripture has warned that we should not give what is holy to pigs, they will trample on it.
Although the Executive Secretary, Samuel Coker told me that there is sufficient financial resource to run their course, I hope to pursue the investigation to its logical conclusion because somehow I believe the devil remains in the detail.
© Politico 19/11/14
