By Ibrahim Tommy
Ten years after the war, Sierra Leone's justice system still faces serious challenges. All the institutions that constitute the justice system, including the police, courts, and prisons, require serious and immediate attention. The challenges are immense.
To address these challenges would require a collective determination and commitment from the political leadership of the country as well as the many professionals in these institutions. Some of the challenges include the lack of access to justice; a widening impunity gap in the country; dwindling public confidence in the justice system caused in part by undue delays in trials and the perceived or real influence of the executive over the justice system; corruption; and abuse of discretion in adjudicating bail applications.
There are also genuine gaps relating to paucity of personnel and financial resources. The customary or traditional justice system, which is accessed by approximately 70 percent of the population, also needs to address some inadequacies, including discrimination against women by local court personnel, imposition of exorbitant and indiscriminate fines by local court personnel, and existence of illegal courts operated mainly by local chiefs.
The security sector faces numerous challenges, particularly the police force. To help promote an independent and effective police, there is need for institutional, legal and structural reforms of the Sierra Leone Police. At the moment, the leadership structure of the police does not help even the best police officer who wishes to impartially discharge their duties independently and fairly. For instance, the highest decision making body of the police, the Police Management Board, is headed by a politician – the Vice President, while the Secretary to the Board is the Internal Affairs Minister. That Board composition needs to be resolved in order to give increased civilian oversight of the activities of the police.
I know it requires some constitutional reforms, which is why I urge the President to remain focused on his publicly stated commitment to moving the constitutional review process forward. If that sounds complex, a not-so-complex but perennial issue that needs to be addressed is the poor conditions of service of police officers. The salaries of police officers simply do not amount to a living wage.
Unfortunately, too, a significant section of the public perceives the institution as being corrupt and subservient to every government that has ruled this country since independence in 1961. There is a growing concern among the public that the leadership of the police condones impunity by shielding its personnel from facing justice for serious crimes, including alleged unlawful killings of civilians. The prisons? They are deplorable, to say the least. The conditions serve only one function: to keep criminals away. Our prisons are overcrowded, and lack basic services and facilities to help rehabilitate inmates, thus increasing the rate of recidivism.
These gaps must be addressed not only because our constitution states that “The Republic of Sierra Leone shall be a State based on the principles of Freedom, Democracy and Justice”, but also because it is almost impossible for any country to truly address its economic and development aspirations without an effective, functioning justice system. In other words, there is an essential nexus between the justice system and sustainable development. I make bold to state that the Sierra Leone government’s “Agenda for prosperity”, which represents the development priorities of the country for the next five years, is more likely to succeed if effective law enforcement, justice, and accountability mechanisms are enforced across the country.
It is worth noting that some commendable reforms have occurred in the justice sector since the end of the war, including the construction of new court buildings, recruitment of additional personnel, the disposition of backlogged cases, legal and policy reforms, among others. The Sierra Leone Government has been supportive throughout these reforms, but many of those efforts have been sponsored largely by its development partners, including the UK DfID and the UNDP. For instance, the UK DfID has since 2006 spent at least £20 million to help address the weaknesses in the country’s justice system. That figure is expected to rise to about £40 million by 2015.
While external support to strengthening our justice system is commendable, the Sierra Leone Government must begin to invest significantly particularly in the justice system. While it is more politically correct to invest massively in ‘hardware’ projects such as roads and electricity, even a slight neglect of the ‘software’ aspects of development such as justice and security could ultimately undermine a country’s development plans. The Truth and Reconciliation Commission (TRC) report cited the lack of access to justice and corruption as some of the causes of the country’s civil war. While we have come a long way, we can’t afford to ignore the lessons of the brutal experiences of the 11 years of conflict.
Even as I make a strong argument for increased investment in the justice and security sectors, it is not lost on me that addressing some of those challenges requires a lot more than just money. It requires a critical mass of professionals who fully understand and are willing to demonstrate that their fiduciary duty lies with the people. It also requires strong leadership that is able to ward off any attempts by politicians and members of the public to compromise the independence and neutrality of those institutions. The illiteracy rate in the country requires effective and enduring public education programmes about the rule of law and justice. More importantly, public officials must demonstrate an unwavering commitment and responsibility to close the ever-increasing gap between legislation and implementation by impartially enforcing the laws.
Based on the latest World Justice Project (WJP) rule of law index, with regard to the effective administration of the rule of law, Sierra Leone needs to double up. WJP defines rule of law as a system in which the following four universal principles are upheld: the government and its officials and agents are accountable under the law; the laws are clear, publicized, stable and fair, and protect fundamental rights, including the security of persons and property; the process by which the laws are enacted, administered, and enforced is accessible, efficient, and fair; Justice is delivered by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve. WJP states nine broad factors under the rule of law, and Sierra Leone compares unfavourably with other developing African countries on some of the factors. Sierra Leone’s international competitiveness will continue to slow down if these indices continue to look downward. For the indices to start looking up, some bold and sincere actions are required.
As we move into a new year, Sierra Leonean officials cannot afford to apply the same formula and expect to generate better and positive answers in 2013. The formula has to change. Here are a few recommendations for the Sierra Leone government and the institutions of justice and accountability for the New Year.
Sierra Leone needs to start closing the impunity gaps, particularly for politically-motivated crimes and the series of alleged unlawful killings committed by law enforcement officers. As I have often argued, impunity fuels illegality, which in turn creates a cycle of violence. I urge the President, the law enforcement institutions, and the judiciary to demonstrate much more commitment to justice and accountability issues. For instance, a strong argument can be made is that the failure by government to follow up on the full implementation of the Jenkins-Johnston Commission of inquiry following the December 2007 killings in Koidu may have laid the basis for this week’s ugly incidents in Kono. Sadly, the government has largely failed to implement the Shears-Moses Commission of Inquiry report, while police officers who killed an innocent woman in Bumbuna are yet to face justice. Let’s close the impunity gap!
There’s also a massive need to invest in the justice sector to help address the serious challenges relating to unhindered access to justice, particularly for victims of serious sexual and gender-based crimes in far-flung communities. At the moment, there is a paucity of personnel in the justice system. For instance, the three judicial districts of Makeni, Kamakwei and Kabala are covered by a single Magistrate, who is based in Makeni. As if that is not bad enough, there was only was resident private practitioner in the entire Bombali District the last time I checked. Many victims of sexual and gender-based (SGBV) violence are required to cover many miles to access the nearest Magistrate Court. They’ll also need to obtain a medical report before police investigations start. By law, examination for victims of SGBV is free, but there are allegations of medical practitioners asking for a fee. The poverty levels in this country only mean that victims cannot sustain the cost of such trials, which more often than not face excessive delays. The personnel in the Family Support Unit of the Sierra Leone Police who undertake such investigations are not sophisticated enough to trace and keep evidence. Many times, evidence is lost between the time the incident occurs and the period the victim takes to access the nearest hospital or police. This must change.
To attract private practitioners to public service, the conditions of service for Magistrates, Judges, judicial support staff, and state counsel need to increase. There is also a need to provide training opportunities for Magistrates and Judges. As President Koroma begins his second and final term, he has an excellent opportunity to leave behind a strong legacy in terms of respect for the rule of law and citizens fundamental human rights. He would have indeed exceeded the expectations of many he was able to establish strong national accountability mechanisms, which ensure that everyone is held accountable for their actions or inactions, regardless of their political, economic and social status. Sounds like an ambitious exit strategy or legacy project for the President, but I am convinced that it is doable. Can he? Will he? Perhaps, a better way to ask is, can WE?
Ibrahim Tommy is Executive Director of the Centre for Accountability and Rule of Law
