Sierra Leone Police killed and looted - Human Rights Commission says

Human Rights Commision investigation panel

The Human Rights Commission of Sierra Leone (HRCSL) yesterday released a highly damning report against the Sierra Leone Police over
disturbances at Bumbuna in the northern Tonkolili district in April this year.

The incident led to the shooting dead of a protester, Musu Conteh with eight others sustaining gunshot wounds. The report says “others
were wounded through beating and other forms of manhandling”

The 124-page report accuses the police of serious human rights violations including unlawful use of live ammunition, sexual violence and
looting. It recommends that some senior police officers be investigated and face criminal charges should they be found wanting. They include Police Local Unit Commander Superintendent Alfred C. Dassama, Superintendent Benedict Vandi, Superintendent Lamin Sesay
and OC Assistant Superintendent of Police Daniel Bockarie Konneh for “mismanaging” the police response to the protest.

The report says the police behaved unprofessionally and overreacted against mine workers of African Minerals who were protesting over
pay and conditions. Police also subjected women to sexual “in the form of verbal abuse, physical and psychological violence”.

Other findings of the report indicted the police for their “inhuman, cruel and degrading treatment” of the inhabitants and for the
violation of their privacy by conducting raids on their homes without a warrant of arrest, and destroying and looting their belongings.

The Commission recommends the police should publicly (through the Media in Bumbuna) apologise to the women and people of Bumbuna and officers.

Reading from the report's findings, the Commissioner of the HRCSL, Daphne Olu-Williams said the police should publicly apologise to the people of Bumbuna and called for the immediate transfer to other parts of the country of senior police officers involved in the operation “for
a good relationship between the police and residents of Bumbuna”. It also calls for the disbandment of the Operational Support Division as recommended by the Truth and Reconciliation Commission.

The report also criticises African Minerals Limited (AML) for the lack of freedom of its staff to join the trade union of their choice. It calls on the company to respect the labour rights of workers and to “fully implement” the agreement they signed with the striking workers.

When POLITICO contacted the Inspector General of Police, Francis Munu he said he would not respond to the report until they
had received and studied the report. AML would also not comment.

Detaled report follows:

Human Rights Commission of Sierra Leone

Bumbuna Inquiry Report 2012

EXECUTIVE SUMMARY

The Public Inquiry into Alleged Gross Violations of Human Rights in Bumbuna, Tonkolili District in Relation to the Events of 16^th to 18^th April, 2012 commenced on the 1^st June, 2012.

The Terms of Reference for this Public Inquiry were to:

Investigate the alleged gross human rights violations that occurred in Bumbuna between 16th and 18^th April, 2012 with a view to
understanding their nature, causes and scale and to identify those individuals or institutions responsible;

Examine and determine individual cases of the victims of the alleged human rights violations and abuse;
Document, analyze and articulate the human rights issues and violations experienced by affected communities as a consequence of the activities, actions, omissions or negligence of private companies;
Understand the human rights implications of the policy and legal framework relating to the exploitation of mineral resources in so far as the welfare of workers and host communities are concerned;
Prepare a report containing key findings, conclusions and recommendations, directives and orders, including legal and policy reforms; and,
Issue orders for remedies to victims in appropriate cases.

The Inquiry employed a number of methods to gather evidence and information. Personal statements were taken from victims in Bumbuna, the Officer Commanding the Bumbuna Police Station and the Paramount Chief of Kalasongoia Chiefdom covering Bumbuna Township. Focus Group Discussions (FGDs) were also held with Youths, Women and a mixed group of Community stakeholders including the bike riders union, women leaders, market women, the traders’ union and religious leaders. The fourth FGD meant for the workers of African Minerals (SL) Ltd did not take place.

A Public Hearing was conducted in Bumbuna Town at the Court Barray
(Local Court House) presided over by a Panel of three: Commissioner
Jamesina King - Chairing, Rev. Commissioner Moses Khanu and
Ambassador Allieu Kanu of the Sierra Leone Institute of International
Law (co-opted). During the Public Hearing, forty one (41) witnesses
testified including four (4) women, two (2) Government Ministers, ten
(10) members of the Sierra Leone Police, eight (8) of whom were
senior police personnel including the Inspector General of Police.
Among those who testified were thirteen (13) Interested Persons named
in the public notice of 1^st June, 2012.

Two named interested persons, Allie D. Kamara, Resident Minister North
and Alhaji Minkailu Mansaray, Minister of Mines and Mineral
Resources, neither attended the Public Hearing at Bumbuna nor did
they submit any documents. They did not provide any reasons for
failing to honour the Commission’s summons to testify. Under the
Human Rights Commission of Sierra Leone Act, 2004, this is an act of
contempt.

Key Findings and Recommendations

The findings of this report were reached on a balance of probabilities as provided
for under Rule 25 of the Human Rights Commission of Sierra Leone
(Complaints, Investigations and Inquiries) Rules, 2008. The evidence
received by the Inquiry was subjected to verification through the
questioning of witnesses under Rule 51. In addition, under Rule 52
(4) all submissions or representations made to the Commission were
sent to all named Interested Persons for their review and comments.
The Interested Persons were informed that they had a right to respond
to such submissions and question witnesses.

Findings in
Relation to the Police Operation in Bumbuna

The Inquiry finds that the police overreacted to the protest action by
African Minerals (SL) Ltd (AML) workers and used disproportionate
force, including live ammunition, resulting in the death of one Musu
Conteh, a young lady who worked for AML. Others were severely
wounded; eight (8) of whom sustained gunshot wounds. Some people
were also wounded through beating and other forms of manhandling.
The Inquiry found no evidence to confirm the allegation that three other
persons were killed and their bodies dumped in the river.
The violence on the 17^th and 18^th of April, 2012 led to the temporary displacement of some people to other villages
and towns outside Bumbuna.
The Police subjected the women of Bumbuna to Sexual and Gender Based
Violence (SGBV) in the form of verbal abuse, physical and
psychological violence.
The police subjected members of the Bumbuna community to arbitrary
arrest and detention.
The police subjected the people of Bumbuna to inhuman, cruel and
degrading treatment through severe beatings, kicking, molesting and
arresting two (2) family members attending to the corpse of a
relative who had just died at the Bumbuna Community Health Centre.
The Inquiry also finds that the Police violated the right to privacy by
breaking doors and entering homes without search warrants in a
house-to- house search of suspected rioters.
The police destroyed and in some cases carried away property belonging
to some members of the Bumbuna community.
The manner in which the arrest of Rev. Bangura was effected, was a key
tipping point in the Bumbuna crisis. He was arrested by a combined
team of Military and Police personnel, some of whom were armed even
though he was unarmed and cooperative.
The Bumbuna community was traumatized by the police operations and
described it as a replay of rebel attacks during the war.
The high-handed response by the police in Bumbuna was as a result of an
exaggeration of the activities and intentions of the striking
workers. The reports as to what the youths were doing or planning to
do were highly exaggerated, leading to the heavy deployment of the
police.
The police acted unprofessionally in most cases by not following their
Rules of Engagement: “Guidance for Opening Fire for Armed Police
Officers of the Sierra Leone Police (Green Card ‘A’)”.
Section 16 of the Constitution of Sierra Leone, 1991 gives broad exceptions
covering the lethal use of force thereby lowering the elements that
constitute the duty to protect the right to life in Sierra Leone and
falls short of international human rights standards. According to
principle 25 of the UN Basic Principles on the Use of Force and Fire
Arms by Law Enforcement Officers, the only permissible instances in
which lethal force could be used should be limited to the defence of
life which would include self-defence or defence of others against
the threat of death or serious injury, prevent heinous crimes that
involve a threat to life or in the course of arresting a person
presenting such a danger to prevent his or her escape.
The Inquiry finds that the misconduct by the police is also attributed
to a structural problem that is evident in the relationship between
Operations Support Division (OSD) and the General Duty Police. This
confusion made it difficult to identify the source of the orders to
use live ammunition. This relationship makes it easy for the police
to generally escape accountability because it allows for a “ping
pong” game in which officers blame each other without taking
responsibility for their actions.
It is clear that even though the SLP have an accountability mechanism on the use of
ammunition, this accountability mechanism was not adhered to.
The two (2) injured OSD police officers, W24 and W25,
looked timid, under aged and not appropriately educated to interpret
and follow their Rules of Engagement and are also not likely to
refuse orders that are manifestly illegal.
The uncoordinated and unsupervised Police intervention precipitated a riotous
situation involving AML workers that was taken advantage of by
members of the Bumbuna community that had other grievances to settle
with AML or with the Paramount Chief. The latter were job-seekers
or laid off workers who blamed AML and the Paramount Chief for their
plight.
Some members of the Bumbuna community perpetuated violence against the police, which
resulted in the wounding of three (3) officers who were treated at
the Makeni Police Clinic. The youths erected road blocks and hurled
stones and sticks at the police.
The SLP has no Compensation Fund for police officers injured/wounded in
the course of duty or to compensate the families of officers who
might be killed in the course of duty.
The relationship between the police and the Bumbuna community is not cordial and
conducive to community-oriented policing.
The Police Station in Bumbuna is understaffed and under-resourced given the
influx of job seekers into Bumbuna town. The station has eight (8)
Police Officers and no vehicle, leading the police to use AML
vehicles in their operations.
A vehicle owned by HAWK, a sub-contractor of AML and driven by an AML worker, was
used to arrest Rev. Daniel Bangura, a broadcaster of Radio Numbara.
This relationship between the Police and AML is a cause for concern
and suspicion to the people of Bumbuna and feeds the perception that
the Police will not be impartial in situations that involve AML.
Police response to communities in situations of conflict with private companies
appears to have taken a pattern of arbitrary arrests and detention,
looting, vandalism, beating and the unlawful use of live ammunition.
This pattern appears to be one of systemic violations of human
rights that need to be addressed in a holistic manner in order to
prevent the recurrence of the events of the 16^th to 18^th
April, 2012 in Bumbuna or elsewhere in Sierra Leone.

Findings Relating to Labour Rights and African Minerals (SL) Ltd

The freedom of association of the workers of AML has been violated and continues to
be violated by the failure of the Government and especially the
Ministry of Labour to make available and real, the possibility of
workers to belong to a trade union of their choice. This problem is
acute with respect to AML workers at the AML mining site in
Feregbeya in Kalasongoia Chiefdom who expressly sought to join a
different trade union because they lacked confidence in the United
Mining Workers Union (UMU).
The Inquiry did not find any evidence to confirm the allegation that the activities
of the Mining and Allied Services Employees Union (MASEU) were the
cause of the protest action by the AML workers on the 16^th
April, 2012.
The absence of a trade union of choice for AML workers, compounded by a history of
broken promises on the part of the management of AML and
long-standing unaddressed grievances led the workers to protest out
of frustration.
There is evidence that there is a problem of communication between management and low
ranking staff, leading to the frustration of the workers.
The relationship between the Community and AML is ambivalent and a cause for concern.
The Inquiry was unable to confirm whether all the conditions agreed upon in the
Communiqué signed between the representatives of AML workers and
the Management on the 24^th April 2012 were fully
implemented, because the Commission did not have access to AML
Workers except for witness W21.
The Regulation of Wages and Industrial Relations, 1971 places impediments on the
enjoyment of the freedom of association of workers under section
26(1) of the Constitution of Sierra Leone 1991 by making it
impossible for workers to join trade unions of their choice.

Findings in Relation to Government Response

The Government responded promptly by sending a high-level delegation to Bumbuna
that included Government ministers to calm the situation down and
restore normalcy.
The Government set up a Coroner’s Inquiry to investigate the death of the late
Musu Conteh.
Victims that sustained gunshot wounds were given money on behalf of the His
Excellency, the President. The failure to properly assess and
compensate victims of the gunshot wounds left some victims with
lingering medical conditions that were not adequately compensated.
Furthermore, because no quantification of losses or damages was done, some
victims, even the severely affected who lost material goods were
excluded from the “compensation process.”

Findings in Relation to the Media

The role of the media in a situation of crisis is very critical. Overall, the media
did their best in informing the public on the events in Bumbuna.
Radio Numbara, the community radio, provided timely information
about the incidents in spite of its limited capacity. The Commission
was not able to prove that the Station incited violence as alleged
by the police, due to the absence of the recordings of the
programmes which were referred to as ‘inciting’.
The Torchlight Newspaper exemplified irresponsible journalism when it published
as headline news on the 3^rdof May, 2012, an article titled “‘SLPP Sniper’ Killed Bumbuna
Woman”. It is important to note that these claims were neither
verified by the Editor (W39) nor confirmed by any of the witnesses.

Findings in Relation to the Community

Some sections of the Community have long standing grievances against AML and the
Paramount Chief that need to be addressed.
The long standing Chieftaincy issues in Bumbuna between Daniel Sara Turay, a member of
a rival ruling house and his followers, and the Paramount Chief,
although outside the terms of reference of this Inquiry, have the
potential to contribute to instability and public unrest and need to
be addressed.

Recommendations To the Sierra Leone Police

The SLP should:

Publicly acknowledge, take responsibility and apologise for the unlawful use
of live ammunition, violence and trauma they caused. This
apology should be communicated using media that can reach the people
of Bumbuna and most preferably at Bumbuna.
Develop and communicate to the public, especially the people of Bumbuna,
mechanisms that will be put in place to guarantee a non-repetition
of the events of the 16^th to 18^th April, 2012.
Ensure that Supt. Samuel Benedict Vandi, Supt. Lamin Sesay, LUC Supt. Alfred C.
Dassama and OC ASP Daniel Bockarie Konneh individually apologise to
the people of Bumbuna.
Investigate Supt. Samuel Benedict Vandi, Supt. Lamin Sesay, LUC Supt. Alfred C.
Dassama and OC, ASP Konneh for mismanaging the police response to
the protest action.
Transfer OC ASP Konneh (Bumbuna), LUC Alfred C. Dassama (Magburaka) and Supt. Samuel
Benedict Vandi (North-East Region) to give room for a fresh start in
the relationship between the police and community.
Identify and investigate all personnel involved in the police response to the
protest action including a physically challenged OSD personnel (who
walks with a limp), adversely mentioned by the community people and
discipline those found culpable and where appropriate, prefer
criminal charges against them.
Apologize to the women of Bumbuna using media that can reach them and most
preferably, at Bumbuna.
At all levels be trained on the issues of Sexual and Gender Based Violence (SGBV).
Strengthen and use Human Rights-based approaches to policing. In particular, the
police should take immediate steps to mainstream the UN Basic
Principles on the Use of Force and Firearms for Law Enforcement
Officials and the UN Code of Conduct for Law Enforcement Officials.
Establish a Compensation Fund that would be used to compensate police officers
injured or the families of officers killed in the course of duty.
Institutionalize the receipt of gifts and material assistance (including equipment
and transportation) from private individuals and companies, by
establishing a Benevolent Fund at Headquarters. This will prevent
instances as seen in Bumbuna where police personnel were seen using
vehicles of a private company to carry out their operations.
Take immediate steps to adequately staff and resource the police station at
Bumbuna.
Review the relationship between the OSD and the General Duty police officers
with a view to rationalizing the hierarchy of command in order to
enhance the levels of accountability of senior police officers.
There should never be any doubt as to who is in charge of any given
police operation at any given time. This review should also be
informed by the recommendation of the Truth and Reconciliation
Commission that disbanding the OSD should be given serious
consideration.
Review recruitment procedures and practices to ensure that applicants
undergo proper screening to ascertain their moral, physical and
educational fitness for the job.
Re-screen and ensure continued training of the police officers to ensure that they
are fit for the job. Their continued fitness to perform police
functions should be subjected to periodic review.
Establish an active local partnership board in Bumbuna.
In collaboration with the Office of the Attorney General and Minister of Justice,
expedite the establishment of an Independent Police Complaints
Commission/Board. Such a body should be
operationally independent of the Government or any political
influence and be accessible to members of the public.

To African Minerals (SL) Limited

The AML should:

Implement in full the terms agreed in the Communiqué of 24^th
April, 2012 signed between the representatives of the striking
workers and the management of AML officially ending the protest
action by the workers.
Collaborate with the Ministry of Labour and Social Security to ensure that the
workers are able to join a trade union of their choice.
Mainstream and implement the UN Guiding Principles on Business and Human Rights.
Review and strengthen the Grievance Mechanism available to workers and make it
accessible to all including non-literate workers, make it user
friendly, independent and non-discriminatory. The Grievance
Mechanism should be communicated to all workers and explained to
them to ensure that they understand how to use it. Safeguards should
be put in place in this mechanism to ensure that workers who use it
are not victimized.
Improve on communication with low ranking staff. There should be an open
channel available to all employees, literate or non-literate
Review and strengthen the Grievance Mechanism available to the members of the
Bumbuna community and ensure that it is communicated to all and they
understand how to use it.
Put mechanisms in place to ensure speedy and effective response to
complaints from workers and community people.
Take immediate steps to improve cultural and racial tolerance and mutual
respect amongst its workers.
Continue to be supportive of the Community in Bumbuna without being perceived or
seen as facilitating or encouraging conduct that violates the rights
of workers or community people. This would require a review of the
relationship between the Paramount Chief, the Police and AML.
Channel its material assistance to the police through an official and
institutionalized fund maintained at the Police Headquarters for
greater accountability and transparency.
Ensure full compliance with the core ILO Conventions on the rights of workers.

To the Ministry of Labour and Social Security

The Ministry of Labour and Social Security should:

Establish a Labour Office in Bumbuna in view of increased employment
opportunities, to ensure that the rights of workers are protected.
Ensure that the workers of AML are free to belong to a trade union of their choice
under section 26(1) of the Constitution.
Ensure full compliance by AML and other private companies with the ILO core
Conventions, especially the Freedom of Association and Protection of
the Rights to Organize Convention 1948, the Right to Organize and
Collective Bargaining Convention 1949, Discrimination (Employment
and Occupation) Convention 1958, the Equal Remuneration Convention
1951, and the Declaration on Fundamental Principles and Rights at
work 1998.

To the Office of the Attorney General and Minister of Justice

The Office of the Attorney General and Minister of Justice should:

Review the Regulation of Wages and Industrial Relations Act 1971 and recommend
to Parliament the enactment of a new law to ensure the full
enjoyment of the right to organize (freedom of association), in
compliance with Section 26 of the Constitution of Sierra Leone, 1991
and the ILO core Conventions. This review should ensure that workers
in Sierra Leone have, by law, an opportunity to be protected by a
trade union of their choice.
Review and recommend to Parliament for amendment of Section 16 of the
Constitution of Sierra Leone, 1991 in order to ensure full
compliance with international standards on the protection of the
right to life.
Advise the Government of Sierra Leone to establish by law a fund to To the
Independent Media Commission (IMC) and the Sierra Leone Association
of Journalists (SLAJ)
Ensure that all journalists conduct themselves professionally by adhering to the IMC
Act and the Media Code of Practice.
Work with partners to ensure that journalists are trained and have the skills
to professionally cover crisis situations.
Work with partners to provide capacity building support for Radio Numbara in
Bumbuna.

To the Ministry of Youth Employment and Sports and the National Youth Commission:

Educate and sensitize the youths to ensure they understand peaceful methods of
communicating their grievances to responsible government
institutions.

To the Youth

Should learn to seek remedies from responsible government institutions and work
within the requirements of the law when faced with problems. Acts of
violence delegitimize claims the youths may want to make as such
acts portray them as lawless.

In relation to the Community, the Commission directs the following:

In respect of the pain, suffering and anguish suffered by the members of the Bumbuna
community and noting that given the numbers of the people affected
and considering that certain forms of harm cannot be paid for with
money, the Inquiry has considered it wise to emphasize symbolic
remedies.
The people of Bumbuna suffered collective trauma that cannot be compensated for in
monetary terms. Having expressed frustration over the fact that
their homes and business premises have not been connected to the
Bumbuna Hydro electricity supply, the Commission calls on government
to take urgent steps to do so by 16^th April, 2013 (the
first anniversary of the incident).
Government should ensure that the roof of the Bumbuna Market is repaired with
immediate effect and provide the market with additional facility of
lavatory.
Without delving into the Chieftaincy issues in Bumbuna, the Commission considers it
important, in the interests of peace, for the Paramount Chief to
take immediate steps to reconcile with disaffected members of the
Bumbuna community and address the long standing grievance held by
Mr. Daniel Sara Turay and his followers.

In Relation to Victims, the Commission directs the following:

Government should
ensure that Kelly Conteh (W9), who sustained gunshot wounds on the
head, receive immediate medical and psychological treatment.
Government should arrange and make provision at the Bumbuna Community Health Centre
for those that suffered gunshot wounds and are in need of continued
medical and psychological care to receive such treatment at
government expense immediately.
Government should upgrade and equip the Bumbuna Community Health Centre with the
provision of necessary infrastructure, equipment, facilities, drugs
and skilled personnel to fulfil the health needs in a growing
community.

The government should use qualified and experienced experts to quantify and
determine the levels of compensation deserved by individual victims
as guided and not limited to the matrix of injury and loss carried in
this report under paragraph 288. The government should ensure that
the people receive this compensation within a year of the release of
this report.

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