Submitted by ssaliba on
Sierra Leone- Twenty Fourth Session - 2016
27 January 2016, 9:00–12:30
Scroll to:
National Report
Compilation of UN Information
Stakeholder Information
Accepted and Rejected Recomendations
National report
III. Developments in the promotion and protection of human rights in Sierra Leone
B. Legislative safeguards
11. A lot of advancements were made in reforming laws and safeguarding the rights of the people. Several legislations were also promulgated during that period such as the Persons with Disability Act 2011, Right to Access to Information Act 2013 and the Sexual Offences Act 2012. The law Reform Commission is currently working on the Seditious Libel laws. The Devolution of Estate Act 2007 is under review as it does not fully conform in some areas, with provisions in the Constitution, so too does the Child Rights Act 2007 and the Customary Marriage Act 2007, which is in parts contradictory with regards to the age limit and the principle of consent.
E. Policy measures
21. Sierra Leone is a firm believer in advancing gender issues and is still working towards the promulgation of the 30% quota bill; the Agenda Prosperity has the empowerment of women as its 8th Pillar. The concerned Ministry namely, the Ministry of Social Welfare, Gender and Children Affairs (MSWGCA) has since the last review, implemented a National Gender Strategic Plan. A National Steering Committee was set up for the implementation of the National Action Plan on Security Council Resolutions 1325 and 1820. In 2012 a National Action Plan on Gender-Based Violence and the National Referral Protocol on Gender-Based Violence was developed and launched. The President went a step further on the 8th March 2013, by declaring “Violence against women is violence against the State”.
22. The GOSL has taken further steps with regards to Female Genital Mutilation (FGM) and has signed an agreement with the traditional heads banning the initiation of girls below the age of 18. There has also been policy measures put forward by the GOSL concerning the rights of the child including: the National Child Welfare Policy and Alternative Care Policy, and a policy that allows for a Family Support Unit within the Sierra Leone Police.
F . Health
26. Paramount in this drive is the improvement in women’s healthcare issues through the implementation of a major health care policy, the Free Health Care (FHC) initiative for pregnant women, lactating mothers and children of 5 years and under. The Ministry of Health supported the Free Malaria Treatment Program for all age groups, as well as the Tuberculosis and HIV/AIDS programmes.
27. Sierra Leone has increased the number of testing sites for HIV/AIDS Anti- rectroviral Therapy (ART) from 556 in 2011 to 689 in 2012, with the number of pregnant women tested for HIV/AIDS rising from 138,000 in 2011 to 224,000 in 2012. The coverage for prophylaxis is 74%. The 2011 HIV/AIDS Commission Act makes it an offence to deny a person access to employment or to an educational institution on the basis of their HIV status. Alongside this, HIV positive personnel are serving in the security sector and an anti- stigmatization law is also being enforced. Several workplaces have adopted and mainstreamed National HIV/AIDS policy. Orientations on the 2011 HIV/AIDS Commission Act have been held with provisions within the Act (part VIII sub-section) prohibiting prosecuting a woman on the basis of mother-to-child transmission of HIV before or during birth of the child or through breast-feeding. There has been an increase in sensitization on the radio and TV, as well as the integration of HIV/AIDS in other programs (e.g. Teenage Pregnancy and Family Planning), as well as in religious (Sierra Leone Inter Religious AIDS Network) and private sector initiatives (Business Coalition against AIDS in Sierra Leone) are yielding results. The awareness level in the country is over 90% (BSS 2011). In terms of investment in Anti-Retro Viral drugs (ARVs), 40% of the 20,000 people who are in need of ARVs are receiving treatment. Based on these projections, the Global Fund has approved $6.5 Million over the next three years to procure ARVs. Another $2 million has been approved for the procurement of HIV test kits. The Ministry of Health and Sanitation (MOHS) is now putting together a resource mobilization plan to raise funds for HIV/AIDS programs sustainability after 2015.
29. To address the causes of maternal mortality, the Campaign for the Accelerated Reduction of Maternal Mortality (CARMMA) was launched in March 2010 with a threefold strategy; to prevent unwanted pregnancies, and to prevent and treat complications. Family planning was identified as a key strategy for reducing maternal mortality and was integrated into the FHC initiative and into district plans. It is provided free in all government health facilities. A substantial reduction in fatality rates has been recorded since the inception of the FHC. Also, a Teenage Pregnancy Secretariat has been established to mitigate teenage pregnancy and related complications.
A. Treaties
34. The Child Rights Act 2007 which is a domestication of the Convention on the Rights of the Child (CRC) ensures as priority, the survival and protection of children from any form of harm, as well as the right of children to development to their fullest potential and ensures their participation in decision-making especially on issues affecting them. Sensitization on the Child Rights Act was carried out by the Ministry and various partners. Child Protection Committees were set up at national, regional and district levels to coordinate and monitor child protection activities. (Recs: 81.36)
Unit (FSU) deals with sexual and gender-based violence committed against women and children. The Moyamba Division has been the pilot division for the FSU, sponsored by the former Justice Sector Development Project (JSDP). All divisions now have a FSU. An MOU was signed with chiefs and the Family Support Unit (FSU) to report and assist carers of child abuse victims. (Recs: 80.1, 80.2, 80.6, 80.7, 81.36, 82.1)
B. Constitutional and legal reform: incorporating human rights standards into domestic law
43. On the issue of FGM, it is culturally entrenched in the Sierra Leone but efforts are being made to address the prevalence of this practice. One of the flagship projects in the Agenda for Prosperity, especially Pillar 8 on: ‘Gender Equality and Women’s Empowerment’, is the enactment of law against underage initiation rites of passage for girls. It is hoped that this can be an entry point for the elimination of the practice in the long run. A Memorandum of Understanding (MoU) has been signed at the local level with the Soweis to eliminate under-18 initiations. Massive sensitization campaigns continue with constructive advocacy and engagement with the Council of Soweis and other FGM stakeholders. The expected outcome aims to create an alternative means of livelihood for Soweis especially through access to micro-credit and business skills. (Recs: 81.24, 81.28, 81.29, 81.30, 82.5, 82.6, 82.12)
C. Strategies to address women’s, children’s and other rights including policy development
47. The MSWGCA provided leadership and coordination in the development and implementation of the National Gender Plan and the National Action Plan on United Nations Security Council Resolutions 1325 (2000) and 1820 (2008). Most of the activities in both documents have been implemented by the MSWGCA and its partners. With regards to the National Gender Strategic Plan, the Ministry undertook a mid-term review to assess the progress made in terms of implementation and those that were not implemented will be rolled over as part of the implementation processes into the Agenda for Prosperity.
48. In the case of the sister resolutions on 1325 ad 1820, the Ministry has transformed the National Taskforce for the development of the SILNAP on 1325 and 1820 into a National Steering Committee for full implementation. The Ministry has concluded a second phase of the Gender and Security Sector Reform Project aimed at building the capacity of stakeholders and rural women for their engagement in security sector apparatus at the local level. Additionally, the MSWGCA developed and launched the National Action Plan on Gender-Based Violence (GBV) and the National Referral Protocol on Gender-Based Violence in 2012. The implementation of the National Referral Protocol on GBV continues all across the country. (Recs: 82.13)
49. The GOSL has made several efforts through the MSWGCA in raising awareness on gender equality issues across the country. As set out in the Agenda for Prosperity, particularly Pillar 8, the GOSL has identified flagship projects to undertake. These include the development and passage of a minimum 30% quota for women in governance at all levels; the establishment of the Women’s Commission and the development of a comprehensive policy on gender equality and women’s empowerment. The Ministry has begun initiating actions on these flagship projects and intends to accomplish them before the end of 2014. It has also appointed a gender focal point in each ministry and governmental agency, ensuring that the appointee is a permanent member of staff at a senior level. Gender mainstreaming is a new plan of action and is also a criterion for any evaluation by the Minister of MSWGCA. (Recs: 80.19, 81.18, 82.28)
50. The GOSL recognizes that some traditional practices have proven harmful and violates the basic rights of individuals. It is therefore advocating, also as a nation, on the importance of the age limit set in the Child Right’s Act (18). This enactment was promulgated as a deterrent to FGM and Child Early and Forced Marriage (CEFM). However, the Law Reform Commission is still working on the amendment of the Customary Marriage Act which currently allows marriage below 18, but with the consent of the parent/guardian. It is hoped that by the third cycle, this law will be in conformity with the age of maturity or consent, that is: 18years. (Recs: 80.18, 80.20, 82.12)
51. The six-year Reparation Program is due to expire in 2014. The GOSL, which has the primary responsibility to fund the program, provided Le 300,000,000 (Three Hundred Million Leones) as operational and administrative support for the program. Unfortunately, the expected contribution to the Victim’s Trust Fund has not been met due to budget cuts. The UN Peace Building Fund provided Le 3,719,400,000 (Three Billion Seven Hundred and Nineteen Million Four Hundred Thousand Leones) for the program. This money was used to provide micro-grants of approximately 75USD each to 12,398 beneficiaries. The UN Trust Fund to End Violence against Women provided nearly 700 Hundred Million Leones for screening of 354 beneficiaries who had been victims of sexual violence and for providing training of various life skills and thematic subjects. Sierra Leone is therefore on the road to implementing the TRC recommendations in this regard. (Recs: 81.41)
52. The GOSL has taken affirmative action for the improvement of women’s participation in public life through the appointment of several women in key leadership positions in the country. Positions taken by women include; (the immediate past) Chief Justice, Solicitor General, Administrator-Registrar General, Commissioner General of National Revenue Authority, Commissioner of Law Reform Commission, Auditor General, Commissioners of National Elections Commission including the former Chief Electoral Commissioner, Ministers and Deputy Ministers of Government, Honourable Members of Parliament, Ambassadors, Heads of Chanceries, Executive Secretaries, Commissioners of Human Rights Commission, Heads of Agencies and Parastatals, among others. The Government has enshrined in the Agenda for Prosperity the enactment of the legislation on a minimum 30% quota for women at all levels of governance positions. (Recs: 80.18, 81.17)
53. The MSWGCA has during the period under review, collaborated with the International Rescue Committee, UNDP, and AMNET-SL in providing trainings and awareness-raising drives on sexual gender-based violence (SGBV) for the law enforcement agencies and other stakeholders including the Local Councils and other service providers for SGBV cases. The Directorate of Gender and Equal Opportunity of RSLAF has conducted a series of sexual harassment sensitisation tours for brigades and battalions across the various forces in order to discuss the RSLAF Sexual Harassment Policy. Gender Durbars have also been conducted with brigades, battalions, units and other departments across the RSLAF to discuss gender issues, including women’s empowerment, and to build their capacity to address GBV issues. GBV and Teenage Pregnancy Workshops have been conducted in military barracks and communities. The Directorate of Gender and Equal Opportunity is also networking with gender stakeholders, institutions and civil society groups to share experience, best practices and lessons learnt, in order to build capacity to deal with GBV issues within the Force.
54. The RSLAF continues to benefit from US Government-sponsored courses for top and middle-level ranking military officers on the Law of Armed Conflict and Human Rights. The US Government has also offered training courses to the RSLAF in the areas of HIV/AIDS Planning and Policy Development, GBV and Women’s Health. Participants for such courses included both male and female military officers. The RSLAF Peace Support Operation Policy has a provision relating to the training of personnel on the Law of Armed Conflict and Human Rights issues as a condition for pre-deployment. (Recs: 80.10, 80.22, 81.23)
55. Part 8, Articles 125 to 136 of the Child Rights Act 2007, addresses the employment of children and it sets the age for full time employment and apprenticeship as 15 years. It prohibits child labour at night, and sets the minimum age for light work at 13 years and the minimum age for hazardous work at 18 years. The ILO Child Labour Conventions 138 (Minimum Age Convention) and 182 (Worst Forms of Child Labour Convention) were ratified in June 2011, through the support provided by TACKLE Project in Sierra Leone. Following the ratification of Convention 138, the Minimum Age for Work Declaration was made: 15 years for non-hazardous work, and 18 years for hazardous work.
56. A list of hazardous employment/work for children under 18 years in Sierra Leone is also being developed, championed by the Child Labour Unit of the Ministry of Labour and Social Security (MLSS). Consultations were held at the regional level, and a validation document completed and is awaiting Cabinet’s approval. A workshop on the formulation of a National Action Plan against the Worst Forms of Child Labour (as an obligation under ILO Convention 182) was organized in August 2012 and a draft National Action Plan (NAP) has already been developed. A Child Labour National Technical Steering Committee was formed in the Ministry of Labour and Social Security (MLSS). The committee comprises of tripartite partners (Employers and Workers Organisations), with key Ministries such as Ministry of Labour and Social Security, Ministry of Education, Science & Technology, Ministry of Youths and Sports, Ministry of Social Welfare etc. A Child Labour Unit was created at the MLSS to ensure that actions following the ratification of Conventions 138 and 182 were met. Its mandate includes taking the lead in the national efforts to enhance the local capacity to address child labour, to ensure the integration of child labour into national policies and programmes, to formulate action plans on the development and wellbeing of children and for the monitoring of workplaces.
57. Two main Action Programs (APs) which were implemented through TACKLE support have been completed in Sierra Leone. The first, entitled; “Community Responses to Child Labour” was implemented by the International Rescue Committee (IRC). The project recovered those already being used and prevented 1,500 children from child labour through educational support. The second AP was implemented by a local NGO called Community Action for Rural Empowerment (CAREM). It targeted 200 direct child beneficiaries, who were withdrawn or prevented from child labour through educational support in 10 primary schools.
58. A National Child Labour Survey, which is the first in Sierra Leone, is being conducted in order to get a clearer picture of the child labour situation in the country. Data has already been collected and is being analysed. The draft report was expected for end of September 2013 but had to be postponed due to the EVD. Awareness-raising activities on child labour have also been supported through mini-programmes implemented by various partners. Child labour concerns have been mainstreamed into national development policies, child protection strategies and education. The GOSL intends, through its national partners, to eliminate the worst forms of child labour by the next cycle of the UPR, and to conduct a legal review of child labour legislations so that all the current laws against child labour could be harmonized. Strengthening the Labour Inspectorate Unit of Ministry of Labour for child labour Monitoring and Capacity building of Labour Inspectors, the role of social workers and other key enforcement partners on child labour monitoring is also envisaged. The finalization and implementation of the National Action Plan against the Worst forms of Child Labour and the further strengthening of national structures for sustainability of interventions is also planned. The MLSS intends to reach out to more children and families, with possibility of assisting with income generation activity support in order to effectively transform the socio-economic lives of the most vulnerable families. (Recs: 80.24, 80.25, 80.26, 80.27, 81.37, 81.47, 81.54)
59. The Sierra Leone Correctional Services Department replaced the former Sierra Leone Prisons Department following an Act of Parliament. This has resulted in the transformation of a system once focused on punishment to one that deals with the rehabilitation of inmates. The Prison Strategic Plan for 2012–2014 focuses on four core outcomes: to enhance inmate’s welfare, to improve systems and procedures, to improve public perception, to improve the terms and conditions of service of officers. Achievements in 2012-2013 include: the induction training for 300 new recruits, an updated Prison Officers Training School curriculum, the training of trainers on gender and equal opportunities, the popularization of Robben Island Guidelines on Torture, Prevention and Needs of Inmates; the Prison library opened in Freetown Central Prison with the support of AdvocAid and UNIPSIL, as well as an upgrade in the conditions of services which has served to motivate the staff.
60. Plans are underway for the reconstruction and extension of the fencing of Kabala Prison, the barricading of Port Loko and Kono prison to separate the male from the female wing. The relocation of the Freetown Central Prison to Masanki and the construction of another prison at the Special Court Detention Centre for pre-trial are underway.
61. Plans are also underway to construct a saloon at the Freetown Female Prison for inmates to acquire skills in hair dressing and all workshops in the Freetown Central Prison were refurbished by a development partner, Don Bosco. A prison showroom in the Prison Lower Barracks will display finished products from the prison workshops.
62. With regards to juvenile offenders, the National Child Justice Strategy (developed in 2006) was revised and updated into the National Child Justice Strategy (2013–2017) with a five-year plan to coordinate the implementation of child justice reforms as achieved over the years. The strategy identifies key strategic outcomes and set out a concrete set of activities needed for the incremental reform of the child justice system which is in line with the broader justice sector reform plans. The outcomes include measures to prevent juvenile delinquency and violence, as well as measures aimed at their rehabilitation and reintegration.
63. Other measures include the monitoring of Juvenile Courts and other Courts to ensure that the rights of children are guaranteed and protected. Offenders and victims and the role of advocacy are also considered at this level. The monitoring of police stations or holding cells and of the two Remand Homes and one approved school for the care and protection of children that are in custody would also be intensified. The revised Criminal Procedure Act, which is completed and awaiting approval, will also introduce alternative sentencing and reduce backlog and overcrowding in prisons.
64. The GOSL intends to recruit 458 more officers to make proportional the rate of officers to inmates - as requested by the United Nations Standard Minimum Rules (1 officer to 2 inmates). This wave of recruitment will create new positions such as Prison Legal Adviser, Medical Doctor, Estate Officer and Mechanical Engineers. The Legal Adviser would address challenges faced in court hearings, the lack of indictments and disparities in judgment passed.
65. The Sierra Leone Correctional Service plans to engage the Judiciary on the jurisprudence on guaranteeing the rights of mother and-child in that category and look for modalities to ensure that suckling mothers are placed on a special diet knowing that there is a particular need for this at this time.
66. The GOSL plans to address the reintegration of ex-convicts into society and build a half-way house where convicts who are about to complete their sentences are sent and prepared for their return into society.
67. The GOSL intends to fully implement the recommendations contained in the report; “Behind Bars: the situation of detention in Sierra Leone” which was jointly released by the OHCHR and UNIPSIL in 2012. (Recs: 80.30, 80.31, 80.32)
68. The GOSL has instituted the Independent Police Complaints Board by an Act of Parliament. The Board will be dealing with serious complaints from members of the public against police officers and shall be independent of police interference. The Ministry of Internal Affairs (Ministry of Internal Affairs) has undertaken a nationwide information campaign covering all 12 districts of the country and the Western Area. The Board became operational in 2015 and will be evaluated in a year. (Recs: 82.26)
69. The National Child Welfare Policy has been developed to provide the vision to guide the strengthening of child protection system. The Alternative Care Policy has been developed to further enhance the care and protection of children separated from their families and caregivers. Child Welfare Departments have been established within the local councils and child welfare committees have been established nationwide with the responsibility of promoting child rights awareness. The MSWGCA and Child Protection Partners have carried out family training and reunification for all groups of vulnerable persons separated from their families at the district and national levels. Pillar 6 of the Agenda for Prosperity makes provision for the support of children from poor households. Members of the National Commission for Children have been appointed by Parliament from nominations put forward by the President.
70. Furthermore, a Memorandum of Understanding was signed with the Chiefs and Family Support Unit (FSU) of the Sierra Leone police, to report cases of child abuse. The Child Protection Committees were set up at the national, regional and district levels to coordinate and monitor child protection activities. (Recs: 80.16, 80.23)
D. Measures and institutional mechanisms on economic, social and cultural rights, poverty reduction
71. The period between 2004 and 2012 saw an increase in the budget for education from Le 247 billion to Le 407 billion. In the period of 2010 to 2012, the budget was further increased from Le 337 billion to Le 407 billion - corresponding to an increase from 26% of domestically generated resources to 28%. A new Education Sector Plan (ESP) has just been prepared and endorsed by development partners in education. One of the three main areas covered by the ESP is ‘system strengthening’. Strategies and activities to improve education management in the period 2014 to 2018 are detailed under ‘system strengthening’. The implementation plan derived from the ESP spells out how education management is to be improved. Issues relating to teaching are covered under ‘quality and relevance’ in the ESP. On the issue of improving teaching methods, the ESP highlights the need to improve the teaching of reading at the early grade levels and includes the training of teachers to teach reading as part of a project to be funded by the Global Partnership for Education (GPE). In-service programs for teachers which would also help teachers with the needed pedagogy are also detailed in the ESP and IP. (Recs: 81.51, 81.53, 82.27)
72. In 2012, the GOSL adopted the third Poverty Reduction Strategy Paper (PRSP) called “Agenda for Prosperity” (AFP). The long term vision of Sierra Leone as reflected in the Agenda for Prosperity is a Sierra Leone that by 2035 becomes an inclusive, green, middle-income country. Education (free and compulsory education), Health (health care and delivery system within 10km of every village) and good governance features prominently in the AFP.
(Rec: 81.49)
76. The GOSL aims to strengthen the decentralization of the education process, ensure its affordability and accessibility whilst maintaining fully-functional and equipped classrooms to accommodate current and projected demand; including the construction of additional classrooms for inclusiveness; reducing the cost of schooling for parents and households; providing accelerated primary education for older children and youth between the ages of 10 to 15 years-old; etc.
77. The Ministry of Education Science and Technology (MEST) estimates that the equivalent of Le 250,000 (approx. 77USD) is spent per girl child, per annum for their secondary education. This includes school fees and in-kind assistance such as uniforms and school materials for girls. This program has now led to a significant number of girls attending Junior Secondary School 1 (JSS1).
78. Furthermore, the MEST continues to work on decentralizing education by ensuring approximately 160 primary and 30 junior secondary schools were constructed during the period 2008 to 2012. As reported by the School Census Report and the 2013 Country Status Report on Education, gender parity has been achieved at the pre-primary level and is almost achieved at the primary school level. Gender parity is increasing rapidly at the junior and senior secondary school levels and enrolment is increasing at a remarkable rate. The ratio of girls to boys at the different levels are as follows:
• Pre-primary GPI: 1.04 (2010); 1.08 (2011)
• Primary GPI: 0.94 (2010); 0.98 (2011)
• Junior Sec. GPI: 0.80 (2010); 0.89 (2011)
• Senior Sec. GPI: 0.59 (2010); 0.73 (2011)
79. Those who are not enjoying the right to education come in for much attention in the ESP in the section on ‘access, equity and completion’. The ESP and IP spell out strategies and activities to provide schooling / learning opportunities for out-of-school children, the disabled and children of the very poor, as well as those living in remote rural areas and the ‘under-served’ in general. Planned interventions include: constructing additional facilities.
80. The GOSL is cognizant of the fact that education is the key to development and has reflected this view in some key pillars of the Agenda for Prosperity (Accelerating Human Development; Labour and Employment strategy; Social Protection and Gender Equality and Women’s Empowerment). In the Gender Equality and Women’s Empowerment pillar of the AFP, measures are being put in place to ensure that women’s access to education is enhanced, especially the retention of girls in schools and adult literacy. Special programs such as scholarship schemes are available for girls taking up science and technology courses and free tuition is provided for girls up to junior secondary school level and this is intended to contribute to gender parity. (Recs: 80.36, 80.37, 81.33, 81.37, 81.52, 80.16)
81. The lack of proper infrastructure has resulted in a devastating death toll in the country during the EVD outbreak. At a time when Sierra Leone was poised for growth and had an increased total health expenditure which had increased from Le 47,6 billion in 2008 to Le 174,2 billion in 2012, Sierra Leone was slow to react to this red flag in a sector that needed an urgent turn around. The first National Health Sector Strategic Plan (NHSSP) 2010-2015 was adopted to develop the country’s health sector. The strategies contained in the plan especially focus on the Free Health Care (FHC) initiative for pregnant women, lactating mothers and children below five years of age. A Country Compact was adopted as a voluntary agreement between the Government of Sierra Leone and its health development partners. These partners agreed to implement the NHSSP 2010-2015 through joint working arrangements and to align it with the government’s health priorities. There have been substantial reductions in the hospital case fatality rates (CFR) for the commonest childhood diseases following the introduction of the FHC: malaria CFR has decreased from 6.7% in 2009 to 1.7% in 2010, diarrhoea CFR from 10.2% in 2009 to 1.3% in 2010 and pneumonia CFR from 6.6% in 2009 to 1.3% in 2010 (Health Sector Performance Review 2010). In addition to FHC, free malaria treatment for all age groups is provided in all government healthcare facilities, including the treatment for tuberculosis, HIV/AIDS and for survivors of gender-based violence (GBV). Efforts are underway to expand the healthcare service beyond the Free Health Care bracket through the social Health Insurance Scheme.
83. A Performance Based Financing (PBF) Scheme was introduced at the PHU level in April 2011 and at the hospital level in April 2012. All public PHUs and some private clinics are currently eligible to receive PBFs. PBF for primary healthcare focuses on six key areas of reproductive and child health interventions which are assessed for performance adjustment, namely; family planning, antenatal consultations, safe deliveries, postnatal consultations, full vaccination of children under the age of one, and outpatient consultations for children under the age of five. PBF for hospitals focuses on quality based on a mixed scoring system involving clinical and crosscutting criteria in eight areas, namely; general organization, human resource management, financial management, pharmacy management, hygiene and sanitation, patients’ care, health care services, laboratory. A PBF is one of several policies designed to accelerate the reduction of maternal and child mortality rates – which is in line with the objectives of the Millennium Development Goals (MDG) 4 and 5.
Compilation of UN Information
I. Background and framework A. Scope of international obligations1
1. International human rights treaties
4. The Committee on the Elimination of Discrimination against Women recommended that Sierra Leone ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.19 It also recommended that Sierra Leone ratify the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. The United Nations country team noted that Sierra Leone was a signatory to that Protocol.
C. Institutional and human rights infrastructure and policy measures
10. The Committee on the Elimination of Discrimination against Women reiterated its concern regarding the weak institutional capacity of the Ministry of Social Welfare, Gender and Children’s Affairs and the national machinery for the advancement of women. It called upon Sierra Leone to accelerate the finalization of the National Gender Equality and Women’s Empowerment Policy and to ensure that it was sufficiently funded and effectively implemented.
17. The Working Group on the issue of discrimination against women in law and in practice had sent a letter to the Government concerning allegations of discriminatory legal provisions that denied women the right to pass their nationality on to their children if the children were born outside the country. The Working Group requested information on how Sierra Leone planned to redress that situation and encouraged it to ensure that the constitutional review provided women with the same nationality rights as men.47 The Human Rights Committee expressed similar concerns.48 The Committee on the Elimination of Discrimination against Women urged Sierra Leone to ensure the equal rights of women and men to acquire, transfer, change or retain their nationality and transmit it to their children born abroad, and to bring the Citizenship Act into full compliance with article 9 of CEDAW.
B. Right to life, liberty and security of person
20. The Human Rights Committee was concerned that Sierra Leone had not adopted criminal legislation that defined and criminalized torture explicitly. The Committee against Torture was concerned that torture of children was not defined in the Child Rights Act. It urged Sierra Leone to criminalize all acts of torture, and to repeal section 20 (2) and amend section 29 of the Constitution during its review process to legislate for the absolute prohibition of torture.
28. The Committee on the Elimination of Discrimination against Women noted with concern the prevalence of female genital mutilation, the lack of legal prohibition of that harmful practice and the rejection of a provision criminalizing child female genital mutilation during the adoption of the Child Rights Act.71 The Committee against Torture urged Sierra Leone to criminalize female genital mutilation and immediately eradicate the practice, in line with the commitment it had made during the universal periodic review in 2011.72 The Human Rights Committee expressed similar concerns,73 especially at the intention to increase the minimum age for genital mutilation, rather than prohibiting the practice altogether.74 The country team urged Sierra Leone to enact legislation to prohibit female genital mutilation and to conduct awareness-raising programmes for parents, women, girls and traditional and religious leaders. The Human Rights Committee made a similar recommendation.
31. The Committee against Torture was concerned that corporal punishment had not yet been explicitly prohibited in the Child Rights Act and was culturally entrenched and lawful. It recommended that Sierra Leone explicitly prohibit corporal punishment.79 The Human Rights Committee and the Committee on the Elimination of Discrimination against Women made similar recommendations.
32. While appreciating the establishment of the Office of National Security to coordinate the monitoring of human trafficking, the Human Rights Committee was concerned about the persistence of trafficking in persons.81 The Committee on the Elimination of Discrimination against Women recommended that Sierra Leone ensure the full enforcement of the 2005 Anti-Human Trafficking Act, the 2007 Child Rights Act and the 2012 Sexual Offences Act.82 The Human Rights Committee recommended that Sierra Leone continue its efforts to provide training to law enforcement and border patrol officials, including personnel of the Office of National Security, on applying the Anti-Human Trafficking Act, and increase efforts aimed at ensuring that all perpetrators of human trafficking were brought to justice and that victims were adequately compensated.
33. The ILO Committee of Experts on the Application of Conventions and Recommendations expressed concern at the high number of children below the legal minimum age who were engaged in child labour. It requested that the Government strengthen its efforts to prevent and eliminate child labour within the country, including through measures implemented in collaboration with the International Programme on the Elimination of Child Labour. It also requested that the Government take the necessary measures to adopt and implement, without delay, the Child Labour Action Plan and provide information on the results achieved.
34. The Committee on the Elimination of Discrimination against Women reiterated its concern that, although under the Child Rights Act, the minimum age for marriage was 18 years, under the Registration of Customary Marriages and Divorce Act, child marriage was allowed with parental consent.85 The Committee against Torture urged Sierra Leone to repeal the provisions in its legislation that permitted child marriage. The Human Rights Committee raised similar concerns.
46. The Committee on the Elimination of Discrimination against Women was concerned that women’s access to justice remained limited and requested Sierra Leone to remove all barriers that women might face in access to justice.109 The country team noted that the family support units of the Sierra Leone police, mandated to investigate and refer crimes such as domestic and sexual violence, child abuse and cases relating to child offenders, were key in facilitating access to justice for women and children.110 UNESCO noted that so-called “mother clubs” negotiated difficulties faced by girls wishing to report cases of abuse, and provided moral and sometimes financial support.
51. While welcoming the steps taken to improve conditions in juvenile detention centres, the Human Rights Committee was concerned at the lack of separation between juvenile and adult offenders and that juveniles were held in pretrial detention.119 The Committee against Torture urged Sierra Leone to use non-custodial measures for minors and to make sure that minors who were deprived of their liberty were afforded full legal safeguards.120 The Human Rights Committee urged Sierra Leone to ensure that no juvenile was sentenced to life imprisonment without parole, and to review the situation of persons serving such sentences.
H. Right to health
62. It welcomed the adoption of the National Health Strategic Plan (2010-2015).134 The country team urged the Government to expedite the finalization of the domestic resource mobilization strategy on AIDS, adopt it in law and implement it robustly. The Human Rights Committee welcomed the introduction in 2010 of free health care for lactating mothers and young children.1
65. The Committee on the Elimination of Discrimination against Women welcomed the adoption in 2013 of the National Strategy for the Reduction of Teenage Pregnancy. The Human Rights Committee was concerned at the persistently high incidence of adolescent pregnancy.143 The Committee on the Elimination of Discrimination against Women urged Sierra Leone to provide effective access for women and girls to information on sexual and reproductive health and rights. The Committee against Torture and the Human Rights Committee made similar recommendations.1
I. Right to education
66. The Committee against Torture remained concerned at the rape of girls by teachers.146 The Committee on the Elimination of Discrimination against Women expressed concern about the increase in sexual abuse and harassment of girls in schools and the increase in teenage pregnancies, the negative impact of harmful traditional practices on girls’ education and barriers impeding pregnant girls’ and young mothers’ access to education. It recommended that Sierra Leone ensure that sexual abuse and harassment in schools were adequately punished, and effectively implement the National Strategy for the Reduction of Teenage Pregnancy (2013) and the Code of Ethics for Teachers.
67. The same Committee expressed concern about the low enrolment and completion rates of girls at the secondary and tertiary levels of education. It recommended that Sierra Leone ensure equal access for women and girls to all levels of education, retain more girls in school, reduce geographical disparities in access to education and improve the educational infrastructure, especially in rural areas.148 UNESCO encouraged Sierra Leone to promote equal access to education, especially by implementing programmes to ban discrimination against girls and women.
68. The country team noted with regret that the Government banned pregnant teenagers from attending school and from sitting school examinations. As a State party to ICESCR, Sierra Leone had accepted its international obligation to guarantee the right to education without discrimination of any kind, including on the basis of sex. The country team urged the Government to reverse its current policy and to make a clear public statement encouraging girls to return to school after childbirth.
J. Persons with disabilities
69. The Committee on the Elimination of Discrimination against Women recommended that Sierra Leone adopt special policy measures and programmes to address the particular needs of elderly women, girls and women with disabilities, ensuring their social protection and access to education, health care, rehabilitation and employment opportunities.1
Stakeholder Information
I. Information provided by the national human rights institution of the State under review accredited in full compliance with the Paris Principles
7. Following the reopening of schools after the EVD outbreak, the Ministry of Education, Science and Technology banned pregnant girls from taking their Basic Education Certificate Examination and from attending school. This contravenes the Government’s obligation under Article 13 and 17 of the ICESCR and ACHPR respectively; and Section 3(2) of the Education Act of Sierra Leone. The Commission recommended ending discrimination against women and children, and adhere to Article 28 of the Convention on the Rights of the Child and CEDAW.
14. The Commission observed that acute shortage of water in the capital and its environs continues to impact negatively on the well-being of all, particularly women and children.17 In the provinces, people rely on poorly constructed wells, boreholes and rivers as the main sources of water.18 The Commission recommended that the Government take urgent steps to ensure the availability of adequate water in the country.
17. The Commission noted that the implementation of the new educational system suffered from inadequate structures, shortfalls in Government’s subsidies and shortage of qualified teachers. The Human Rights Commission of Sierra Leone recommended that the Government ensure the provision of the resources for the full implementation of the new educational system.
22. JS3 observed that the Government enacted the Persons with Disabilities (PWD) Act in 2011 protecting persons with disabilities against discrimination in education, transportation, employment, accessibility to public buildings and health services.
25. ICAAD noted that the HIV/AIDS Commission Act was passed in 2011, making it illegal to deny employment or education based on HIV status.
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
30. TDF stated that women rights problems include societal discrimination and violence against women, FGM and child abuse. Tribal secret societies hold forcible FGM initiation rites upon women and girl children. Moreover, as a result of customary laws and patriarchal structural setups, most women are treated as second-class citizens. They are also routinely denied access to education, medical care and employment.
33. AI was concerned at the Ministry of Education’s policy, based on discriminatory views and negative stereotypes, of barring pregnant girls from attending school and sitting their Basic Education Certification Exams.52 JS2 expressed similar concerns.53 AI recommended taking measures to comply with international and regional legal obligations to protect and fulfil the rights of all girls to education, equality, privacy and physical integrity, and to issue an urgent directive to all schools to guarantee that pregnant girls can continue with their education without fear. JS2 made a similar recommendation and also recommended providing reparation and support to children who have suffered from discriminatory practices in education, particularly for pregnant teenagers.
34. ICAAD stated that illiteracy among women continues to be widespread despite the enactment of the 2004 Education Act. Women and girls face substantial obstacles accessing educational opportunities.56 ICAAD recommended that the Government focus on changing traditional norms that affect women’s access to education; continue to devote resources to increase girl’s participation in education and improve the quality of education.
35. JS3 noted that discriminatory laws and practices against women, especially in land ownership and use, still exist. Women also face discrimination in decision making processes and political representation, mostly due to stereotypes, traditional norms and customs. Equally persons with disabilities in Sierra Leone are facing discrimination with regards to access to transportation, employment, infrastructure, health and education.
40. AI stated that conditions in prisons and detentions centers are well below international standards. Juveniles are often detained with adults. There are instances of arbitrary arrests, especially by the police for minor offences, such as loitering and fraudulent conversion. People are regularly detained beyond constitutional time limits by the police.AI recommended that Sierra Leone enact new prison rules in line with international standards, such as the Standard Minimum Rules for the Treatment of Prisoners and the Standard Minimum Rules for the Treatment of Female Prisoners; encourage the consideration of alternatives to detention by the courts, taking into account the UN Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules). AI also recommended taking steps to implement the Ouagadougou Declaration and Plan of Action on Accelerating Prisons and Penal Reforms in Africa.
43. JS2 noted that in the first cycle report, several recommendations were presented to tackle gender based violence and sexual abuse of women and children in Sierra Leone. Though Sierra Leone has made some progress in this area by passing the Sexual Offences Act in 2012 and the three gender Acts in 2007, lack of effective implementation and enforcement of these laws continue to make particularly girls and women vulnerable to such crimes. JS2 recommended ensuring implementation of the Sexual Offences Act 2012 and strengthen Family Support Units, Prosecutors, Hospitals, Social Service providers and the Court; strengthening community based child protection mechanisms; and reviewing laws and policies and practices in line with the United Nations Secretary-General’s Study on Violence Against Children (A/61/299).
44. ICAAD noted that women and girls suffer from harmful traditional practices such as FGM. Widely practiced in rural areas, FGM is part of Sierra Leone’s traditional culture and initiatives to eliminate the practice have met significant obstacles.81 TDF stated that nine out of ten women have undergone a certain form of FGM, mostly as rites of passage to womanhood, making a countrywide total of 88% of affected women, aged 15-49 years. TDF also noted that successive governments have failed to protect women and girls from FGM. Civil society organizations feel abandoned in their campaigns to eradicate this practice and activists working against it must be protected against violent attacks. ICAAD recommended taking additional steps to promote the elimination of the practice of FGM.
45. GIEACPC noted that in Sierra Leone, corporal punishment of children is lawful, despite recommendations to prohibit it by the Committee on the Rights of the Child, the Committee Against Torture, the Committee on the Elimination of Discrimination Against Women, the Human Rights Committee and the Truth and Reconciliation Commission of Sierra Leone. In the first cycle of the Universal Periodic Review no recommendations were made to Sierra Leone specifically on corporal punishment86 and GIEACPC hoped States will raise this issue during the review in 2016 and make a specific recommendation that Sierra Leone clearly prohibit all corporal punishment of children in all settings including the home and explicitly repeal the right “to administer punishment” in the Prevention of Cruelty to Children Act.
47. JS3 stated that in the first UPR cycle the Government accepted to strengthen the judiciary by improving the conditions of service for judges, the conditions in prisons, especially for juvenile offenders, and the Family Support Unit. JS3 recommended further strengthening the capacity of judicial system both in budgetary allocation and facilities in the local and national court systems; and building more juvenile detention centers to comply with minimum international detention standards.
6. Right to work and to just and favourable conditions of work
56. JS3 stated that Sierra Leone has obsolete labour laws, inadequate health and safety measures at work and weak implementation of labour laws and policies. Most of the jobs in the mining and agricultural sectors are held by foreign nationals. JS3 recommended ensuring that all existing labour laws are reviewed to comply with international minimum ILO standards, especially child labour, health and safety at work.TUCSL recommended setting up a multi stakeholder “National Minimum Wage Implementation Committee” to supervise the implementation of the minimum wage.
7. Right to social security and to an adequate standard of living
59. WV noted that malnutrition rates among children were still alarmingly high, with severe effects on child health and psychological and physical development. The increased scarcity of food due to Ebola puts pregnant women and young children at higher risk of malnutrition.119 WV recommended prioritizing food assistance and nutrition interventions for pregnant women and young children, and strengthening Government’s policies and programs to address the situation of the most vulnerable children living in rural or remote areas of the country.
8. Right to health
60. JS3 stated that the Government is still supporting the 2010 Free Health Care Initiative for children under five years, lactating mothers and pregnant women.121 WV stated that the scale and severity of the Ebola outbreak has significantly devastated Sierra Leone’s health system which was ill-equipped and resourced to handle such an outbreak.122 WV recommended ensuring that the provision of Free Health Care is sustainable and accessible to provide quality health services to all children and women, in order to reduce child and maternal mortality. JS3 made a similar recommendation.124 WV also recommended that maternal, child and adolescent health issues be prioritized at the national level through strategic integration into national policies.
62. ADF International stated the high number of maternal deaths in Sierra Leone is a human rights crisis. Sierra Leone has promised free health care to pregnant women, new mothers, and young children, but many women are still asked to pay for health services that should be free. AI made a similar statement. ADF International recommended improving the health care system infrastructure and eliminating user fees for pregnant women, mothers of infants, and young children. ICAAD recommended that the Government continue its campaign to reduce maternal mortality. JS2 recommended that the Government promote sexual and reproductive health rights for girls through the re- introduction of family life education in schools.
63. JS2 stated that the EVD outbreak in Sierra Leone increased children’s vulnerability to violence, exploitation and abuse, and high levels of trauma.133 JS2 recommended the rapid expansion of support to vulnerable children, including orphans and those directly affected by Ebola, and financial support to the Ministry of Social Welfare, Gender and Children’s Affairs (MSWGCA) to provide alternative care, psychosocial assistance, while promoting reintegration into communities. JS2 also recommended making increasing efforts to address food insecurity and malnutrition, supporting livelihoods and prioritizing interventions to ensure EVD affected children are linked to a food safety net. WV made similar recommendations.
9. Right to education
64. JS3 stated that in Sierra Leone there are growing signs of decline in educational standards mostly due to high level of poverty and inadequate government policy. TDF stated that there is a need to promote and support qualitative education initiatives and encourage more women in the education sector.7 JS3 recommended strengthening all policies to improve basic education, especially girl child education, adult literacy and education of persons with disabilities,138 and allowing teenage pregnant girls to return to school.
Accepted and Rejected Recommendations
The following recommendations enjoy the support of Sierra Leone
111.19 Finalize the process of the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Slovakia);
111.46 Continue to enact specific legislation to implement the Convention on the Rights of the Child (Pakistan);
111.51 Strengthen key human rights institutions with a sharp focus on the protection of women and children (Lesotho);
111.62 Take concreate measures to eliminate discrimination against women and girls in law and in practice, also by accelerating the constitutional review in the area of gender equality (Slovenia);
111.69 Take all necessary measures to ensure that girls are protected against any discrimination and violence in schools, and that pregnant teenagers enjoy equal access to education (Slovenia);
111.72 Continue efforts to end discrimination and violence against women by taking all necessary measures to guarantee equal and effective access to justice for women and to ensure access to all levels of education (Djibouti);
111.77 Step up its efforts to combat discrimination against women and prohibit corporal punishment of children in all circumstances (Tunisia);
111.87 Implement measures to ensure the full enjoyment of rights by persons with disabilities, especially regarding inclusive education (Israel);
111.110 Address the issue of female genital mutilation in an appropriate manner through awareness-raising programmes for parents, women, girls and traditional and religious leaders and suitable legal instruments, as previously recommended in the first universal periodic review and accepted by Sierra Leone (Germany)
111.128 Take the necessary steps to combat girls’ sexual abuse, in particular at school (Armenia);
111.129 Adopt appropriate measures to combat sexual abuse of girls in school, backed-up by the necessary human, technical and financial resources for any mechanisms (Honduras);
111.132 Take the necessary measures to adopt and implement the Child Labour Action Plan and provide information on the results achieved (Albania);
111.133 Expedite implementation of the National action plan against child labour exploitation (Angola);
111.134 Continue national efforts to eliminate the phenomenon of child labour, including through a review of national labour legislations and increase community awareness about this phenomenon (Libya);
111.135 Promote efforts to prohibit child labour and eradicate this practice in the country (Oman);
111.141 Ensure access to justice for vulnerable groups, especially women and children, whom have been victimized by violence and abuse (Malaysia);
111.154 Amend the Sierra Leone Citizenship Act so that women can transfer their nationality to their children and non-national spouses on an equal basis with men, and include a provision in the new Constitution which grants equal nationality rights to men and women (Canada);
111.155 Ensure equality of rights between men and women to acquire, transfer, change or conserve nationality and transmit it to children born abroad, as recommended in the Convention on the Elimination of All Forms of Discrimination against Women (Colombia);
111.156 Adopt measures to ensure that women can acquire, transfer, change or preserve their nationality and transfer it to their children born abroad, such that these children could be recognised by law through birth registration (Mexico);
111.185 Ensure that vulnerable groups, especially women and children in rural areas, have access to quality health care services (Lao People’s Democratic Republic);
111.186 Strengthen efforts in addressing maternal and child mortality (South Africa);
111.188 Continue to advance its poverty reduction strategy and increase investment to health and education to improve national health-care system and raise education coverage (China)
111.189 Enhance the adoption of measures aimed at preventing the teenage pregnancy incidence (Colombia);
111.190 Integrate human rights education into the education system and in the military training institutions (Senegal);
111.191 Move forward training programmes on human rights for the security forces, and prevent, investigate and sanction cases of violence committed by law enforcement officials (Costa Rica);
111.192 Provide more human rights education and training programmes for law enforcement officials and agents (Oman);
111.193 Ensure that the New Education Sector Plan is well implemented and adequately resourced, in order to raise education standards at all levels in the country (Singapore);
111.194 Implement the Education Sector Plan as well as strategies and activities included in the Plan, to improve education management within the period 2014-2018 (Cuba);
111.195 Take measures to ensure the provision of the required resources for the full implementation of the new educational system introduced in 2012 (Namibia);
111.196 Prioritize universal basic education for the benefit of all Sierra Leonean children (Nigeria);
111.197 Promote the completion of education for children, and remove all hindrances and discrimination against children in fulfilling their right to education (Malaysia);
111.198 Strengthen all policies to bolster basic education, including education for girls, adult literacy and education for persons with disabilities (Madagascar);
111.199 Strengthen measures to ensure that women’s access to education is enhanced (South Africa);
111.200 Continuing education programmes and early warning concerning teen pregnancies and ensure that girls and pregnant teenagers continue their studies during pregnancy (Uruguay);
111.201 Ensure the rights of all girls to education by inter alia reversing a decision to ban pregnant girls from attending classes and exams (Germany);
111.202 Promote school enrolment of girls and literacy of women (Angola);
111.203 Establish a range of measures for the application of the 2014 law on education with a view to ending women and young girls’ illiteracy (Democratic Republic of the Congo);