By James Tamba Lebbie
The struggle by rights groups and civil society organisations, including the media, to have the local paradigm of a Freedom of Information Law, perhaps to compensate for the existence of the obsolete and obnoxious Public Order Act, has been one of the most legal, intellectual and political challenges in the contemporary history of Sierra Leone.
Indeed, politicians across the spectrum (when in opposition) have been on rooftops making public pronouncements and commitments to enact the FOI law only to prove later that their commitment is at the level of rhetoric. Shame on them!
But this struggle, which commenced over a decade ago by a coalition of rights groups and now led by the Society for Democratic Initiatives (SDI), sometimes has been fought along the exclusive argument of journalists’ and by extension, citizens’ ability to hold their elected officials accountable. In short, the narrative for a FOI law has so far been couched on the grounds of human rights, transparency and accountability, especially for public institutions. Suffice it to point out that this has remained the main reason for trepidation among our lawmakers, many of whom believe the law will be used against them and their political parties. Gosh!
This narrative, according some communications scholars, is perhaps parochial and a bit unattractive. The contention therefore is that the FOI narrative has to be redefined and robustly marketed for our lawmakers to understand that the benefits of having a Freedom of Information law far outweigh the cost of not having one. In other words, they should be made to understand that a FOI law is a common good for the entire country and that narrow, selfish, and partisan interests have to be sacrificed on the altar of collective benefit.
The thesis of my piece therefore is to register the point, and vociferously so, that as important as the enactment of the FOI Law will be for the promotion of good governance, especially in the areas of fighting corruption and holding elected leaders accountable, the existence of such an important law will also seriously lubricate the country’s business climate and, by extension, boost the country’s economy. In this regard, if the government is serious and ready to take advantage of the existence of a FOI law, they will also stand to benefit from the economic dividend of the programme.
And my argument is informed by the several discussions I have had with a colleague who is a researcher and expert in this field. Visiting Fulbright Scholar to Fourah Bay College and Professor of Communication Studies, (with a specialty in Research Methods, Communication Law & Policy and Information Science) at Morgan State University, Maryland, USA, Dr. Umaru Bah, is convinced that there are significant “economic and financial dividends” of Sierra Leone’s data and information. He argues that the only way Sierra Leone can be placed on the threshold of becoming an information society is when the country gets a Freedom of Information Law. He says even though the bill (if enacted into law) will “deal with requiring people and agencies or institutions to produce, access or share data and information in order to protect and enhance their rights,” the collective objective will be “trade-related, geared toward creating a friendlier, more transparent and accountable business environment in order to develop and sustain a more vibrant and lucrative investment and entrepreneurial climate.”
In essence, the FOI law “will deal primarily with justice and civil rights issues at face value, specifically the dissemination by government of data in its possession or in the possession of those of its affiliates and associates upon request by its citizenry, the goal being to discourage mismanagement and corruption and encourage transparency and good governance,” Dr. Bah points out. But he also believes that “while the most and least vocal proponents of FOI legislation tend to be civil rights and business entities respectively, the most active and frequent requestors are businesses who, along with the government, are also the greatest beneficiaries.” This is very plausible in my estimation and I could well argue in line with Dr. Bah that more than any other legislation, the FOI law is the most significant determinant of whether or not a state will become an information society and/or a knowledge economy.
Meanwhile, by legal requirement, the Freedom of Information Act gives people the right to ask any public body for all the information they have on any subject they choose. In the UK, for example, unless there’s a good reason, the organisation must provide the information within 20 working days. People can also ask for all the personal information they hold on them. Besides, everyone can make a request for information – there are no restrictions on age, nationality, or where people live.
Across the Atlantic in the USA, Freedom of Information Act (FOIA) is a law ensuring public access to U.S. government records. FOIA carries a presumption of disclosure; the burden is on the government - not the public - to substantiate why information may not be released. Upon written request, agencies of the United States government are required to disclose those records, unless they can be lawfully withheld from disclosure under some specific exemptions in the FOIA. This right of access is ultimately enforceable in federal court.
In Sierra Leone however, the people are still waiting for one, even after politicians have promised in their previous political platforms to enact the law if voted into office. And after several futile attempts over the years by our lawmakers to enact this law, which many believe is fundamental for good governance, to enhance research and to stimulate commerce among many other things, Parliament on May 17, 2012, held a pre-legislative meeting on the Freedom of Information Bill.
But there are mixed feelings. While some advocates are optimistic that Parliament will pass the bill this time round because government has run out of options owing to intense local and international pressures, others, with some justification still have some misgivings. And the misgivings stem from the experience that people have been there before couple with the mixed impressions to the public – on the one hand, the executive arm of government wants the public to believe that Parliament is responsible for the delay while on the other hand, some members of the legislature are blaming the President and his executive for only paying lip service to the entire project. The latter particularly, is creating the impression that Parliament is independent and therefore cannot tell them what to do.
Well, that may be true or otherwise depending on where one stands in the debate. However, what is clear and is already in the public domain is that our lawmakers have in the past enacted laws, especially those related to the extractive industry even without scrutiny. The Petroleum Bill, which was given a “certificate of emergency” for its passage into law, is a classic case in point. Against this backdrop, the argument that the executive arm of government cannot tell our lawmakers what to do is probably, hogwash.
In any case, this latter attempt by Parliament to enact the FOI law comes in the wake of another policy statement made by the Minister of Information and Communications, Ibrahim Ben Kargbo in early May that Parliament will enact the FOI Bill the following week. Of course that didn’t happen and that was not the first commitment. He has said so in 2008 and again in 2011 at the Commonwealth Forum on Media and Development in Sierra Leone. At that occasion, Mr. Kargbo promised that the bill would pass within the next six month. But I will ignore the information minister’s numerous but futile megaphone rhetoric on the enactment of the FOI Law. That will be a subject for another piece.
But there are also concerns that even if Parliament enacts the FOI law, the government will create a pliable structure, like it did for our public service broadcaster, to undermine its efficiency. But Human Rights and Civil Society activist, Barrister Emmanuel Saffa Abdulai thinks otherwise. He believes the first major step is to enact the law after which civil society and other interested parties will ensure that that structure is robust enough to serve its purpose. The bill stipulates that the law will come into force after 18 months of its passage. It is expected that within that period, the prerequisites would have been met to ensure the establishment of the Commission (or whatever nomenclature is given to it). Barrister Saffa points out that the existence of Information Officers in almost all government ministries and agencies is a solid foundation for the creation of such a structure.
Amidst this mixed climate of misgivings and cautious optimism, the onus is on the President and his executive to demonstrate enough political will to ensure that Parliament enacts the FOI law before its dissolution. And there is reason to believe that the current government stands to gain politically from that law. It could either enhance its chances for a second term, or it could be used to hold their opponents to account if they happen to find themselves in the opposition after the November polls. Whatever the motivation, the public, including civil society groups, will be relieved to see the existence of a Freedom of Information law, which many believe will enhance the country’s image both in terms of good governance and a boost to its investment climate.
Who should President Koroma Look for?
By Ibrahim Sorie Fornah, Winnipeg, Canada
Appointing a running mate is a prerogative of the president, powers given to him by the country’s constitution. In order words a running mate is a would-be vice president and a future president, in the event of abdication or death.
From this backdrop one would realize the importance of running mate in a country’s election. In 2007 many names surfaced as potential running mates to Ernest Koroma, but as God would have it, the forty-five-year old Samuel Sam Sumana from the eastern town of Kono emerged as the best candidate, putting on the backstage names like Afsatu Kabba others.
Being that the president hailed from the north, his party wanted to have a balance by getting someone from the east or south to help the president and the party have a national character in the 2007 elections. In 2012, more than six months to elections, the opposition SLPP had unveiled its running mate, whiles the ruling APC party is yet to make known whether it will retain its incumbent or not.
Like 2007 many names have started coming up, leaving one but to wonder whether the VP position is vacant or occupied already. The names that we have heard so far are Musa Tarawally, Kaifala Marah, Minkailu Mansaray and Hon. Chernor Maju Bah. Like the president, the running mate needs to possess certain qualities if he is to add value to the ticket. His religion, ethnic background, region, experience and age all add impetus to the running mate. Let’s try to put each of these individuals under the microscope.
First, let me start with the Internal Affairs Minister, the southern born Musa Tarawally. He is a former member of parliament under the SLPP ticket in the last parliament from 2002 to 2007. In the 2007 elections he defected to the APC party, when he realized the SLPP was going to lose the mantle of leadership.
After the 2007 elections Mr. Tarawally was appointed Minister of State South, a position he held up to 2010 when the President reshuffled his cabinet and catapulted him to the seat of Minister of Internal Affairs, a position he presently occupies. Two months ago a government commission of enquiry, headed by an erudite lawyer Shears-Moses, indicted Musa Tarawally for fermenting violence in a bye-election during his position as Minister of State South in Sorogbema, Pujehun district. The commission recommended that government should sack Musa Tarawally as Internal Affairs Minister, but it is yet to effect the commission’s recommendation.
Musa was born in Moyamba, southern Sierra Leone, from the Madingo/Mende ethnic group. He is slightly above his youthful age, and younger than the current Vice President.
Musa is a controversial figure whose name has come under lots of criticisms both as Internal Affairs Minister and a Minister of State South. Late last year his name was mentioned in a fracas in Kono between his supporters and that of the Vice President. His bodyguards were accused of firing live shots at supporters of Sam Sumana. Tarawally and Sam Sumana have been strange bed fellows, though the former is the junior and the latter the Vice President and also the chairman of the police council.
Though a controversial figure Tarawally is a crowd puller and a popular name in the south, a region the APC needs to win the November polls.
The Shears-Moses report has tainted the image and character of Mr. Tarawally. The next person I will attempt to put under scrutiny is the first and current Chief of Staff in the office of the President, Kaifala Marah. Prior to his appointment, he was working as adviser (Public Expenditure Management) in the Governance and Institutional Development Division of Commonwealth. He is a widely read scholar and a technocrat.
Dr. Marrah was born in Kono by parents from Kabala in the Koinadugu district, northern Sierra Leone. They belong to the Koranko ethnic group, one of the minority ethnic groups in Sierra Leone
As Chief of Staff he acts as conduit between ministers and the President; he does many of the President’s jobs, in other words, he is just like the Prime Minister. Like the President, Dr. Marrah is also a northerner, though he is playing the Kono card. The reason for that is, if he is to be chosen as a running mate the people should see the team as a northeast and not a northern team through and through.
One problem that awaits Dr. Marrah is the fact that he is not a party man. Most APC people I spoke with have said that Dr. Marrah is only in the government at the whims of the President and not of the party. So, one could imagine the deep-seated distrust between the party and the office of the Chief of Staff.
Ministers, who prefer anonymity, have said to me that they have not enjoyed working with Marrah as most of them have seen him as this ‘’small boy’’ made powerful by the President. Apart from all that, he is indeed a technocrat and has brought many changes in the Office of the President; something he must be commended for. His age is also another advantage that the Chief of Staff enjoys. He is below forty; he has the energy and zest to be a helper to the President, but is the APC part ready to see an outsider clinch that position, just like they once referred to the current Vice President?
The youngest amongst the names we have heard for the Vice President position is the Freetown based lawyer, Honorable Chernor Maju Bah, the APC Member of Parliament for constituency 110 in the Western Area. Cherrycoco, as he is fondly called, came to the limelight after the 2007 elections. He got the highest votes in the Western Area. Chernor Bah was born in the capital Freetown to a Fullah family, arguably the third largest ethnic groups in Sierra Leone. They are found in nearly every part of the country.
He has just past forty and currently the chairman of the Committee on Mines and Mineral Resources in Parliament. Prior to that, he was the chairman for the legislative committee in parliament, the most important in the legislative arrangement. As a Western Area based politician he has been able to build a strong link with other regions in the country. No doubt issues like ethnic, region, religion and age are very crucial in national politics, especially in Sierra Leone. It is also true that whosoever emerges as the running mate should, amongst other things, add value to the President’s ticket. His age, ethnic background and religion are key ingredients that the President and his party will surely look for. Whoever the President chooses as his running mate will have a herculean task. The reason being after his second term, Ernest Koroma needs to hand over the baton of leadership to someone who will eventually bring the party together in the likelihood of an intra-party implosion. It has to be someone who can be of national character.
There is also news about the same intension (running mate) being nursed by the Minister of Mines, Alhaji Minkailu Mansaray. He is deep into the APC game and in fact has been credited as the ‘Maradona’ of the party. He serves on the party’s National Advisory Council. He is from Tonkolili, in the north. While his admirers think he could make a cunning and witty helper to the president, some observers say his northern link has clogged his auspicious chances for the VP job.
To conclude let me state here that I have deliberately not profiled the sitting Vice President Samuel Sam Sumana, who hailed from Kono in the east, because of obvious reasons. Information I gathered from home suggest that the controversies around him are so huge that he may not survive them. However, no matter who becomes the running mate there are certain factors that must count in the decision to choose them. The youth factor, a readymade alternative to the opposition choices so far, the charisma and above all the numbers. To his Excellency Dr. Ernest Bai Koroma please don’t forget that numbers count in elections. I wish you well.
