By Mustapha Sesay
President Ernest Bai Koroma inaugurated the Constitutional Review Committee (CRC) on October 2013 with a mandate to obtain and bring together the views of Sierra Leoneans of all shades of opinion, both in and out of the country, and to recommend “provisions that will promote an open, transparent and democratic society” within a period of 24 months.
The process was disrupted by the outbreak of the Ebola Virus Disease that almost grounded every aspect of the country’s socio-economic activities. Thus the mandate of the CRC was extended to March, 2016.
Nevertheless, the review process has undoubtedly gathered great momentum, attracting over 140 submissions of position papers from individuals, civil society groups and other organizations. But there are concerns among Sierra Leoneans, bordering on the fact that the draft document would have to go through multiple layers of scrutiny process before it finally becomes a legal document. This has prompted many to wonder as to who really gets to decide on what goes into the final document.
We have heard reports, for instance in Kono, of some civil society groups and local authorities alleging marginalization, despite assurances by the CRC to ensure an all-inclusive process. Similar concerns have also been expressed within various communities in the western area as reported in the mainstream media.
The CRC has already acknowledged these concerns and promised to give more opportunities to those who feel left out.
But even for those who have had the chance to have their say, there is the big question of whether every view or demand on their list will end up on the draft report.
Mohamed Faray Kargbo, head of Communication and Outreach at CRC, explained that not every proposal would end up on the draft document. He said the committee has embarked on a nationwide consultation to elicit oral submissions from all facets of society in a bid to ensure that the process was people-oriented.
“Only [the] dominant views based on social, political and cultural perspectives will be included into the draft report,” he said in an interview.
There are eight sub-committees within the CRC, each comprising 8-13 members. These members handle various thematic issues ranging from judiciary, legislature, information communication and education, human rights, as well as citizenship at committee levels. When they are done the document is sent to the eighty-member plenary for endorsement.
But how the CRC distinguish between ‘dominant’ and ‘minority’ views remains a mystery to many observers. There are some critical governance issues that are highlighted in some of the recommendations made to the CRC that may not be considered as ‘dominant’ view. For instance, the Native Consortium and Research Center (Native think-Tank), a local non-governmental organization, has recommended, among others, for a “ceremonial style of presidency” for greater transparency and accountability. It also recommended that transparency and accountability is promoted in every aspect of governance structure, so that all appointments made by the president under the former constitution will now be made by the prime Minister under the current constitution, and that for such appointments that require an oath to be taken, the appointees must first declare their assets before they take up office and thereafter, declare their assets after every three years.
These recommendations by the Native Think-Tank are synonymous with some of the governance issues captured by the main opposition Sierra Leone Peoples Party (SLPP) in their position paper, but completely at variance with what the ruling All Peoples Congress (APC) party submitted as part of their ten-point position paper.
The SLPP, in its submission, questioned the viability of a Vice President. “… major question facing us as we seek to develop our nation and promote our democratic ideals is do we just need a Principal Assistant to the President in the person of the Vice President while the President continues to wield enormous powers?” it asks.
“Or do we need the partnership of a President and a Prime Minister chosen by the former and approved by Parliament with the sole responsibility of ensuring the full implementation of Government’s policies and the directives of the President in addition to managing the Civil Service as is inherent in Semi Presidential Systems of government with Prime Ministers?”
The APC recommends that the President should pick his Vice President but, most importantly, that they should be able to “remove” the VP.
The 30 percent quota for women in governance is also a good example of less popular yet crucial submission.
At the end of the day, the final draft of the constitution will be submitted to Cabinet, which is free to make alteration before coming out with a White Paper report, and subsequently submitting it to parliament, which is dominated by the APC and is also free to make alteration before putting the document up for voting in a referendum.
With these rooms for alteration at both cabinet and parliament levels, amidst the idea of ‘us vs them’, which is a common political phenomenon in the country, leaves the APC at an advantage.
Tribalism, regionalism and political ideology have shrouded every national subject and the trend seems unabated. Thus this way some people are concerned that it may also affect the constitutional review process.
But maybe we can draw a lesson from the Kenya experience. There the citizens rejected the constitution when it first came to referendum after they realized the government had altered it to suit its taste.
That`s what a society that doesn’t live on sectional sentiment operate, not that the government at the time did not get support based on tribe.
It’s only that the civil society served their purpose in educating the masses. During campaign for the referendum, seven ministers rebelled against the president to lead the no campaign.
The first draft, known as the ‘Bomas’ draft, had guaranteed civil rights, the return of ancestral lands taken from indigenous groups, and official recognition and protection of unique cultures. The alteration made by parliament and the government resulted to the unpopular ‘Wako’ draft. The No vote campaigners also argued that the Wako draft did not do enough to curb presidential powers.
The Kenya scenario might not be peculiar to Sierra Leone after all, as tribal and regional sentiment is an issue that still needs to be addressed here, as has already been highlighted.
The 1991 constitution give enormous powers to the presidency and it has raised concern among civil society groups, who want the new constitution to curb those powers. And if the APC has its way, as we have read in their submission, these powers will be strengthened further.
The civil society groups Campaign for Good Governance (CGG) and the Centre for Accountability and Rule of Law-Sierra Leone (CARL-SL), have been vocal in this regard.
CGG’s program manager, Mrs. Barneldett French, is however optimistic that the Kenyan scenario would not occur in Sierra Leone. She told Politico that nationwide consultations they have held throughout the country showed that Sierra Leoneans were for once “united for a common course.”
She said concerns raised across the country indicated that there were more similar views than divergent ones in the ongoing constitutional review process. She said 98 percent of citizens have shown no interest for the “more time” phenomenon that has become a new wave of treat to the country’s fragile democracy.
“We will ensure that people’s voices are reflected in the document, and the document should contain a factual interest of the citizenry,” French said, adding that they were going to be more vigilant and alert to any alteration to the document at any level that prove otherwise. “We will influence the citizens to reject it.”
Although CGG is so far satisfied to a large extent with the review process, French said there were still challenges that needed to be addressed. And the issue of “dominant’ and “minority” views is key among these.
There are some minority views that are contentious, she said, citing the recommendation by Rastafarians to legalize marijuana. There is also the issue of expunging the death penalty from the constitution.
French hopes that minority concerns will be highlighted in the draft even if they will not make it to the final document.
(C) Politico 21/12/15
