By Ibrahim Tommy
Although Sierra Leone is generally considered as one of the success stories of post-conflict countries that have made enormous strides at building democratic institutions as well as attracting foreign direct investments, it however, needs to do a lot more to bolster its rule of law credentials. Democracy thrives on a number of pillars, but perhaps the strongest one is the rule of law. In a country where the rule of law is not effectively administered, injustice, incidents of violence, fraudulent elections, and economic crimes are more likely to occur with impunity. As Sierra Leone inches away from its recent, inglorious history, it cannot afford to ignore the imposing demands for strengthening national accountability mechanisms. Sierra Leone’s rule of law credentials are clearly not the worst on the continent, but increased government investment, legal reforms to make democratic institutions function more independently of the executive arm of government, and a freedom of information law, are required to address some of the immediate challenges confronting them.
The World Justice Project (WPJ) defines rule of law as “…a system in which no one, including government, is above the law; where laws protect fundamental rights; and where justice is accessible to all.” WPJ provides a number of rule of law indices, including limited government powers, absence of corruption, order and security, fundamental rights, open government, regulatory enforcement, civil and criminal justice, and informal justice.
Even a cursory look at these indices in relation to Sierra Leone would give an indication of how far the country has come, but how much more ground it needs to cover. While there have been some limited gains in combating corruption, maintaining a measure of law and order, and respecting some fundamental rights of citizens, there are still immense challenges. Apart from the palpable sense of extensive executive control over almost every state institution as well as pervasive corruption both in the public and private sectors, there are also serious concerns relating to the administration of civil and criminal justice, violation of some critical regulatory frameworks (including mineral laws), inadequate funding of state institutions, and an inchoate professional standard in public institutions, to name but a few.
There are obviously some opportunities, but let me discuss some of the challenges a bit more. Sierra Leone’s justice sector needs massive help. Among other challenges, the judiciary faces a public perception gap in relation to its independence from the executive arm, undue delays in trials, paucity of personnel, among others. The perceived lack of judicial independence is influnced by a number of factors, including the somewhat uncomfortable relationship that exists between it and the Attorney-General and Minister of Justice. As Attorney-General, the holder of that office performs a professional function by advising the government on all legal matters relating to agreements, prosecutions and drafting. S/he, however, performs a political function when he sits in cabinet as a government minister, while he is also expected to serve as a liaison between the government and the judiciary. The fusion of those offices was influenced by the unwholesome emergencies of a one-party state, and it is hoped appeals for that structure to be decoupled will be heeded during the constitutional review process.
Pursuant to Section 120 of the Constitution of Sierra Leone, the Chief Justice is the head of the judiciary, and presides over the panel of justices of the Supreme Court. That official relationship or interaction between the two bodies is bound to raise questions. Section 120(3) further states that in the exercise of its judicial function, the judiciary shall be subject only to the Constitution or any other law, and not to the authority or direction of any other person or authority. To bolster its professional independence, it’s important to make the judiciary a lot more financially independent. At the moment, it is the Justice Ministry, headed by the same person who serves as Attorney-General, which submits the final annual budget for the judiciary and the justice ministry to the Finance Department. Of course, it does so in consultation with the judiciary. But, is there anything essentially wrong in allowing a whole arm of government (the judiciary) to prepare its own budget and submit to the Finance Ministry? The judiciary must be able to prepare its own budget, based on its most pressing needs, and be accorded the opportunity to defend it before parliament, if it has to. I submit that it could enhance the possibility of increased funding to the judiciary, as well as make the judiciary financially independent of the Ministry of Justice.
The need to increase funding to the judiciary cannot be over-emphasized. The judiciary still faces serious funding gaps. In 2009, for example, a report by a U.S-based academic states that the entire budget for the Sierra Leone judiciary was just one twentieth of the Special Court’s budget for the trial of one man – former Liberian president, Charles Taylor. If that doesn’t sound like a realistic comparison, then take a look at the 2013 national budget to see that the judiciary is not among the first four highest receivers of state funds. The reason is obvious: It is not among government’s priorities to invest in the judiciary. In fact, it is murmured in some quarters that the amount of money allocated to judiciary in 2013 was less than what it generated in fines and other dues for 2012. To be able to respond to the justice needs of the vast majority of Sierra Leoneans, the judiciary needs to recruit more legal officers, improve conditions of service for legal officers and support staff, and provide training opportunities for its staff, including judges and magistrates. At the moment, there is a dearth of judicial officers, particularly in the countryside. For most of the provinces, the judiciary operates a circuit system which means that in Bombali District, for example, a single magistrate covers three judicial districts. This affects citizens’ access to justice while at the same time violating the constitutional rights of accused persons to be arraigned before a court without delay.
Sierra Leone’s rule of law credentials will continue to stagger unless corruption, particularly in the public sector, is reduced to an absolute minimum. The efforts of Sierra Leone’s anti-graft agency are acknowledged, but everyone recognizes that the agency can’t do it alone. In fact, its efforts appear to be a drop in the ocean. Imagine the amount of money the ACC recovers annually on behalf of the state, and assume that at least 70% of stolen public funds go unnoticed. One of the ways to stem the rising level of corruption in the public service is to undertake a broad systems review across all sectors with the view to developing or building structures that make corruption much more onerous. The Anti-Corruption Commission had begun such reviews, but there is currently no update on the status of things. The government and its agencies, as well as local authorities must also move beyond their publicly stated commitment to corruption by being more transparent in disclosing information on mining deals and proceeds from such efforts, procurement deals, and national budgets among others.
With respect to rule of law, it is clear that the people of Sierra Leone need and deserve more than what’s on offer. Addressing some of the challenges requires increased funding to the judiciary, but sheer professionalism and an ever unwavering commitment to the values to justice, equality and fairness are also required. There is great appetite for institutional and constitutional reforms in this country, and in light of the ongoing constitutional reform efforts, it is truly hoped that one of the outcomes of the process is giving critical state institutions a genuine independence to carry out their functions without fear or favour. When state institutions function effectively, everyone gains, regardless of social, economic or political connections. When they malfunction or are made to malfunction, only a few people “benefit”. Sierra Leone’s economic development and democratic aspirations cannot be achieved unless the institutionalized rule of law is strengthened. Rule of law is absolutely critical to making prosperous and fair societies possible. Let’s march to genuine prosperity by stepping up our commitment to the values and principles of rule of law.
Ibrahim Tommy is Executive Director of Centre for Accountability and Rule of Law (CARL)
