By Francis H. Murray
Political parties and a coalition of civil and nongovernmental organisations have called on President Julius Maada Bio to take necessary steps to further the review of the 1991 Constitution which was part of the recommendations of the Truth and Reconciliation Report.
The thirty organisations which include the Centre for Accountability and the Rule of Law (CARL), Action Aid Sierra Leone and Institute for Governance Reform (IGR) have signed a communiqué urging the government to treat the review process with all the seriousness it deserves.
It follows a one-day national conference held in Freetown on the 26th January 2021 on the need for government to resume the constitutional review process and ensure intensive advocacy for a speedy process.
Speaking at a press conference held at the head office of CARL on Thursday, Project Director for CARL Abubarkarr Kallay said the national conference was part of their continued advocacy and strategy aimed at complementing a project they implemented in 2017 along with Action Aid titled “Making it to the finish line” which was geared towards having a progressive constitution for the country.
He said the conference which brought together 80 participants observed that the TRC in one of its recommendations noted that it was time for the country to formulate a new constitution in the wake of emerging issues centring on democratic good governance.
He added that they also observed that the review of the 1991 Constitution by the Justice Cowan review committee was still inconclusive and that CSOs had been left in the dark about the current status of the process.
Kallay said that in recognition of the role of a good and working constitution in promoting peace, unity, human rights and development, “it is imperative for the constitutional review process to be brought to its logical conclusion”.
The organisations therefore called on government to expedite the review process and issue a statement within one month, renewing its commitment to the review process.
They also urged the government to make available detailed update on the actions taken in respect of the review process including on the task force that has been set up, its composition, terms of reference, operational timeline and expected outcome.
The coalition seeks among other things for the government to draw up a clear programme of action to conclude the review process which should include a timeframe and scope of additional consultations, publication of a new whitepaper, timeline for the conduct of the referendum and its commitment to fund the referendum.
They also ask government to respect the content of the review report and its numerous proposals to strengthen women’s rights and participation in governance in view of their economic, social and cultural rights, and for the review process to be transparent, accountable and participatory.
The Executive Director of CARL, Ibrahim Tommy said the Bio administration had promised that because the Justice Cowan review was inconclusive, they would take the process further and give meaning to it.
He said there was need to review the way the Police Council was constituted, to have an Act of Parliament that domesticated international treaties and conventions which Sierra Leone is a party to, among other things.
He added that although they were calling for a speedy review process, they were mindful not to sacrifice quality for speed, which was why they were urging the government to allow a more inclusive process that would match up with the aspirations of every citizen.
Tommy concluded that because the 1991 constitution did not allow for a real system of checks and balances among the three arms of government, in that it gave more power to the executive, there was need for a review in order to ensure a total balance among the three arms so as to foster good governance.
Speaking at the one-day national conference, the Executive Director for Institute for Legal Research and Advocacy for Justice (ILRAJ) Basita Michael stated that it was difficult to imagine the kind of amendments that would effectively fix all of the flaws and loopholes of the 1991 constitution, adding that such could only be overcome when the country committed itself to revise the 1991 constitution in order to give it a human face.
She further stated that her organisation was adding its voice to the voices of other well-meaning Serra Leoneans to call on the government to expedite the review process, which she said was long overdue.
She added that the thematic areas which needed attention ranged from the abolition of the Death Penalty, address decentralisation issues and the division of responsibilities between the local and central government by adding a new chapter in the revised constitution.
She also urged the review process to remove the discriminatory provisions against women in section 27 4 (d) and (e) of the 1991 constitution.
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