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ISSUE 2 VOLUME 1 YEAR 2015 Sierra Leone Constitutional Review Committee “Our people are not benefiting from the abundant resources of the community; companies refuse to allocate funds at local level on the grounds that they have paid all their dues to the central government. The harsh realities of life in communities were multi-million dollar companies operate are nothing to write home about, therefore we need laws that will overhaul the low socio-economic status of our people.” The words of Paramount Chief Alhaji Sandy Momoh Fowai of Dama Chiefdom in the Kenema District revealed the growing resentment between local administrators, large scale investors, the central government and the people. The story of PC Fowai epitomizes those of countless number of local leaders in the Eastern Region of Sierra Leone as evident in their harrowing revelations during a two day National Dialogue on Local Government at the Kenema District Council Hall in Kenema on Tuesday and Wednesday 17 th and 18 th March, 2015 respectively. Brought together by the Ministry of Local Government and Rural Development and the Constitutional Review Committee (CRC) with funds from UNDP, UKAID and EU; the participants displayed renewed vigour and enthusiasm as they expounded to critical issues affecting their communities, the local councils and the institution of Paramount Chieftaincy and their ever increasing determination to use the ongoing Constitutional Review Process to restore the lost opportunities. Continue on Page 2 Paramount Chiefs and Local Councils dialogue on Local Government in the East N Paramount Chiefs and Local Councils dialogue on Local Government in the East Constitutional Review Committee (CRC) concludes nationwide public consultations. APPWA discusses critical issues on the Constitutional Review Process National Dialogue on Local Government - Northern Region National Dialogue on Local Government ends in Southern Region National Commission for Democracy (NCD) launches Constitutional Materials Legal Books donated to the Constitutional Review Committee CRC trains Eastern Region District Coordinators ahead of the nationwide Consultation Southern Region District Coordinators promise to promote CRC outreach activities Union of Artistes - All Stars/Music Federation demand a chapter on entertainment in the revised Law CRC Sub-committees engage Parliamentary oversight Committees OXFAM / CRC Related Activities Presentation of Group work during the consultations

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Page 1: ISSUE 2 VOLUME 1 YEAR 2015 Sierra Leone Constitutional N ......Kenema on Tuesday and Wednesday 17th and 18th March, 2015 respectively. Brought together by the Ministry of Local Government

ISSUE 2 VOLUME 1 YEAR 2015

Sierra Leone ConstitutionalReview Committee

“Our people are not benefiting from the abundant resources of the community;companies refuse to allocate funds at local level on the grounds that they have paid alltheir dues to the central government. The harsh realities of life in communities weremulti-million dollar companies operate are nothing to write home about, therefore weneed laws that will overhaul the low socio-economic status of our people.” The wordsof Paramount Chief Alhaji Sandy Momoh Fowai of Dama Chiefdom in the KenemaDistrict revealed the growing resentment between local administrators, large scaleinvestors, the central government and the people.

The story of PC Fowai epitomizes those of countless number of local leaders in theEastern Region of Sierra Leone as evident in their harrowing revelations during a twoday National Dialogue on Local Government at the Kenema District Council Hall inKenema on Tuesday and Wednesday 17th and 18th March, 2015 respectively.

Brought together by the Ministry of Local Government and Rural Development andthe Constitutional Review Committee (CRC) with funds from UNDP, UKAID and EU; theparticipants displayed renewed vigour and enthusiasm as they expounded to criticalissues affecting their communities, the local councils and the institution of ParamountChieftaincy and their ever increasing determination to use the ongoing ConstitutionalReview Process to restore the lost opportunities.

Continue on Page 2

Paramount Chiefs and Local Councils dialogue onLocal Government in the East

N● Paramount Chiefs and Local Councils

dialogue on Local Government in theEast

● Constitutional Review Committee (CRC)concludes nationwide publicconsultations.

● APPWA discusses critical issues on theConstitutional Review Process

● National Dialogue on Local Government- Northern Region

● National Dialogue on Local Governmentends in Southern Region

● National Commission for Democracy(NCD) launches Constitutional Materials

● Legal Books donated to theConstitutional Review Committee

● CRC trains Eastern Region DistrictCoordinators ahead of the nationwideConsultation

● Southern Region District Coordinatorspromise to promote CRC outreachactivities

● Union of Artistes - All Stars/MusicFederation demand a chapter onentertainment in the revised Law

● CRC Sub-committees engageParliamentary oversight Committees

● OXFAM / CRC Related Activities

Presentation of Group work during the consultations

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CRC Newsletter - March - April 20152

Paramount Chiefs at the meeting

Joseph Samba Keifala, the Mayor of KenemaCity Council admonished participants toensure that decentralization takes centre-stage due to the lacuna (absence of provisionsrelating to local councils) in the extant 1991Constitution of Sierra Leone.

In his statement, the Chairman of the CRC,Justice Edmond Cowan expressed delightabout the overwhelming attendance of localadministrators stressing that they took theprocess very seriously hence the huge turn-out. “Projects undertaken by people withoutthe participation and involvement of PC s arebound to fail due primarily to the fact thatmost people do not listen to messages thatlack the endorsement of their ParamountChiefs.” Remarked the Committee’s Chairman,Justice Cowan.

The 149 Paramount Chiefs felt cheated by thepresence of only one representative from theNational Council of Paramount Chiefs (NCPC)in the 80 member CRC. PC Konobundor ofGorama Chiefdom in the Kono District, theDeputy Chairman of NCPC, pledged hisorganization’s commitment to support the CRProcess while demanding the provision oflogistics to facilitate some consultativemeetings with their constituents.

The Director of Local Government in theMinistry of Local Government and RuralDevelopment opined that he had no doubtthat the local administrators would makeformidable contributions chiefly because theywere the gate-keepers of the Constitution.

Chief Technical Adviser to the Sierra LeoneConstitution Review Project, Sanaullah Balochwhilst presenting a paper on ‘Democratic

Constitution making’ informed participantsthat the nation was reviewing its constitutionto address the root causes of the decade longcivil war as recommended by the Truth andReconciliation Commission (TRC) Report.

“Local Government is a tool to reducepoverty,” noted the Chairman of the CRC Sub-committee on Local Government andChairman of the National Commission forDemocracy (NCD), Dr Abubakar Kargbo. Theabsence of provisions relating to local councilsin the 1991 Constitution under revision hascontributed in no small measure to thedeplorable socio-economic, political andsocial status of local councils over the years.This was amplified by the thought-provokingquestions and discussion points thatemanated from the presentation of theerudite scholar. “The 19 Local Councils aremini governments so investment plans mustbe made by the people.” The LocalGovernment Sub-committee Chair concluded.

Out of 80 functions that were to be devolvedfrom the Central Government to LocalCouncils, only 56 had been successfully done,according to Legal Consultant, Oju Wilson.The CR Process provides an opportunity toright the wrongs that had kept devolution atsnail pace for so long.

Over the years, Paramount Chiefs have beenselected to serve as Members of Parliamentrepresenting various districts but thatarrangement was no longer desirable. TheCommission to Review the 1991 Constitutionin their 2008 Report recommended theestablishment of a House of Chiefs.

The four groups charged with theresponsibility of looking into various issues on

local governance with the aim ofsuggesting plausible recommendationsdeveloped more that what the CRCanticipated as seen below:

● Members of Parliament should be partof the Local Government structure;they should have representatives in theLocal Councils.

● To help in monitoring, a civil societyrepresentative must be added toCouncil.

● The Judicial Service Commission mustalso be present in the Councils toprovide the requisite expert advice onlegislation and other legal instrumentslike the Mines and Minerals Act andothers.

● Local Council issues must beentrenched in the proposed revisedConstitution

● End of Service benefits must beenjoyed by Local Government/Counciloperatives

● The Ministry of Local Government mustbe strengthened

● A House of Chiefs must be inaugurated

● The Term limits of MPs in the House ofChiefs must be 5 years

● There should be a Chairman of theHouse of Chiefs and 3 Vice Chairmenrepresenting the 3 regions.

● Funding for the House of Chiefs mustcome from the consolidated fund,royalties from mining and othercompanies that operate in thecommunities, fines, local andinternational donations, and any othersources.

● Government shall remit adequate fiscalgrants to local councils based on eitherequity or equality as the case may arise.

● There shall be entrenched provisions toenhance a sound adequate and reliablesources of income

The Paramount Chiefs, Mayors andChairpersons together with the councilorsleft the hall with one accord-that they willsupport the CR process to its logicalconclusion and their people willundoubtedly participate actively at allstages of the review process.

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3 CRC Newsletter - March - April 2015

In its drive to garner the views and aspirations of the people of SierraLeone, the Constitutional Review Committee (CRC) has concludedstakeholder and public consultations in all the provincial districts ofSierra Leone.

The consultations were done as part of the overall strategy to fullyinvolve the public in the review process that should reflect their variedaspirations and interests whilst simultaneously conferring ownershipof the process to them. Democratic constitutional developmentdemands that the wishes and aspirations of the people is sought toensure national ownership, transparency, inclusion and participation.The meetings were widely representative, issues were fiercelydebated and controversial points comprehensively analysed. Issues,both constitutional and otherwise were brought to the fore forconsideration by the CRC.

Four teams of eight sub-committee members, one memberrepresenting each of the 8 thematic sub-committees covered specificdistricts on consultations. Team One visited Bonthe Island, BontheMainland-Mattru Jong, Moyamba and Bo Districts. Team Two wascharged with the responsibility of consulting people in Kailahun,Kenema and Pujehun. Team Three went to Kono, Bombali and PortLoko whilst Team Four covered Koinadugu, Tonkolili and Kambia.

The consultations covered the period 3rd -14th May, 2015 and wereheld in the District Council Halls of each district. Drawn from variouswalks of life, participants included Paramount Chiefs, Local CouncilCouncillors, Chiefdom Speakers, Senior District Officers and DistrictOfficers, Mayors and Chairpersons, Chief Administrators of Councils,women and the physically challenged, students, traders, motorcycleriders, religious leaders, traditional leaders and many more.

Cross cutting issues discussed and recommended during all the publichearings included the entrenchment of local councils in theconstitution, the creation of a National House of Chiefs, the separationof the office of Attorney General and Minister of Justice,

the retention of the death penalty, maintenance of the dignity andsanctity of the institution of Chieftaincy; protection of women andgirls with particular reference to their socio-economic, political andcultural empowerment; the creation of a separate chapter in theconstitution that deals with natural resources and protection of theenvironment; the justiciability of state policies and the protectionof fundamental human rights; among many others.

The events were chaired by the resident Paramount Chiefs in thechiefdoms where the events were held and co-chaired by theDistrict Officers. A good number of participants expressedsatisfaction as the consultations offered them an enviableopportunity to contribute to a national process like theConstitutional Review Process of Sierra Leone.

Constitutional Review concludes nationwide public consultationsConsultations - Bonthe District

Group work- Bonthe District

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Consultations - Bonthe District Island

4 CRC Newsletter - March - April 2015

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5 CRC Newsletter - March - April 2015

Consultations - Bonthe District Mainland

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All Political Party Women’s Association (APPWA) discusses critical issues on theConstitutional Review Process

Southern Sierra Leone and Freetown,Western Area respectively. The meetingattracted female political activists from all 10registered political parties in Sierra Leone.The Chairman of the Constitutional ReviewCommittee (CRC); Justice Edmond Cowanreaffirmed the commitment of the CRC toproduce a constitution that would truly andsincerely reflect the views and aspirations ofthe people of Sierra Leone. He admonishedthe female politicians to disseminateinformation relating to the constitutionalreview process to their constituents so thatthey would be better informed to activelyparticipate in the process. Justice Cowanadvised APPWA to not only look at issuesthat affect women but to look at theconstitution as a whole to effect thenecessary changes that demand seriousattention.

Sudipto Mukerjee is the Country Director forthe United Nations DevelopmentProgramme (UNDP); he summarized the roleof UNDP in the following words: “The globalexperience for the last five decades providesconcrete evidence concerning the process.We support legal and policy reforms,accelerate women’s right in law and practice,eliminate discrimination and eradicatesexual and gender based violence.”

Mr Mukerjee spoke about the role UNDPplays in enhancing the active participation ofwomen in Sierra Leone towards the CRprocess as constitutional review processespresent a unique opportunity to empowerwomen to claim cultural rights. “TheConstitutional guarantee of women’s right isthe first step that is extremely necessary butit’s not an adequate step towards genderequality. It must be followed by a deeptransformation in social practices. That iswhy the civic education of this constitutionshould be continued even after completingthe process.” The UNDP Country Directorconcluded.

The All Political PartyWomen’s Association(APPWA), the umbrellapolitical women’sorganization hascompleted two daysconsultative meetings inBo,

During the deliberations, the Chairman ofthe Political Parties Registration Commission(PPRC), Justice M. E. Tolla-Thompsonexpressed appreciation whilst commendingAPPWA for the role they have played in thedevelopment strides of the nation. Heaffirmed that it was not all that APPWAdesires would be embedded in the revisedConstitution.

Both in Bo and Freetown, the women madea number of recommendations whichincluded the following:● The minimum 30% quota representation

in Ministries, Departments and Agenciesand all other organs of governanceespecially political appointments mustbe considered very seriously by theConstitutional Review Committee (CRC).

● Education must be made compulsoryfor all women and girls in the constitu-tion, this would afford women the op-portunity to realize their potentials andgain their rightful position in society.

● The right to contest paramount chief-taincy elections must be guaranteed towomen in the Northern and Easternregions of Sierra Leone. This should beentrenched in the revised Constitutionto eliminate the age-old tradition thathas kept women out of the institutionof chieftaincy.

These are some of the burning issues thatpolitical party women desire and they didnot mince their words when making theirpoints to the CRC.

CRC Newsletter - March - April 20156

Group Photo - APPWA consultations in Bo District (Southern Sierra Leone)

APPWA consultations in Freetown, Chairman Cowan making his presentation

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National Dialogue on Local Government - Northern Region

provisions that will stand the test of time.From Kaffu Bullom Chiefdom in the PortLoko District to Wara-wara Yagala in theKoinadugu District, Paramount Chiefsoffered their best to developrecommendations aimed at improving thelocal government provisions in theConstitution under review.

In Makeni, the Resident Minister North, AlieD Kamara welcomed the participants toMakeni, “the Paris of Sierra Leone” and toldthem that that was the most importantmeeting held in the region, as theConstitution is the number one right forevery Sierra Leonean. He admonished all notto take the discussions lightly, as they wererepresenting people; also that they shouldconsider the issues impartially and putindividual interests aside. He noted that the1991 Constitution includes little aboutchieftaincy. He noted too that the onlyfemale PC present at that meeting was amember of the CRC LG Sub-Committee, andwhile there were no female PCs in the north,there were several women MPs, sectionchiefs and a court chairman and that in the21st century anything is possible.

Emkay Magba Kamara, the Director of LocalGovernment in the Ministry of LocalGovernment and Rural Developmentreminded delegates of their powerfulposition in disseminating information acrossthe region to the last man. He said that “theConstitution tells us how to rule,” and heencouraged all present to uphold the law, asthey are ‘gatekeepers of the law.’ Comingfrom a ruling house himself, he said that heunderstood how PCs use their power withintheir communities. The Acting Director toldparticipants that he would approach theCRC regarding logistical support for othermeetings.  He concluded that he had nodoubt the contribution will be formidable.

Ahmid Munir Fofanah, President of LocalCouncils Association of Sierra Leone(LOCASL) reminded the audience that the1991 Constitution ignored the role of localgovernment except for the PCs.

Their overwhelmingattendance coupled withenthusiastic participationmeans that the local leadersin the Northern Region ofSierra Leone weredesperate to initiate

There had been provision for LCs in 1961,and they learned from the TRC report thatthe main cause of conflict was the over-centralisation of governance.

He said that since the return of LCs, electedlocal people had been working moreamicably and better than persons sent infrom outside.  There has been moredevelopments since 2005 than during theperiod from Independence to then - moreschools, more health centres, roads etc.

Local Council issues should be entrenched inthe revised Constitution, and there was anurgent need to consider what provisionsshould go into the Constitution and whatshould be in other laws. Currently the LGA2004 is the only legal document for LCs, andthere are many challenges demanding itsimmediate revision.

The Chairmen of District Councils andcouncilors were in no short supply as theyadded the much needed value to thediscourse.

A number of critical issues were discussedincluding but not limited to the following:

● That the institution of Chieftaincy bemaintained and sustained with thelegislation of a House of Chiefs-Paramount Chief Members of Parliamentshould be withdrawn from Parliament.

● The tenure of PC s must remainuntouched to retain the dignity andsanctity of the institution, maintain thecultural heritage and foster growth ofcustomary practices.

● Councillors must be paid decent wagesfor their services- This was recommendedagainst the background that unlike otherelected officials councilors remain theleast remunerated.

These were not the only critical issuesdiscussed during the two day meetingwhich attracted almost all the ParamountChiefs and councilors in the northernregion of Sierra Leone.

Group Photo - National Dialogue on Local Government Northern Region

CRC Newsletter - March - April 20157

Group Work - National Dialogue on Local Government Northern Region

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National Dialogue on Local Government ends in Southern Region

These were the words of the Chairman of theConstitutional Review Committee (CRC) toParamount Chiefs, Mayors and Chairpersonsand councilors of various chiefdoms,districts and wards in the Southern Region ofSierra Leone. Justice Edmond Cowan spokeabout the importance of the review processand the need to involve local leaders in theprocess.

At a two day National Dialogue on LocalGovernment held on 20th and 21st March,2015 at the Bo District Council Hall; JusticeEdmond Cowan dilated on the importanceof the Constitution and the need to review itciting the ongoing constitutional crisis asone of the justification necessitating theproper review of the extant constitution. Hesaid the review of the 1991 Constitutionstarted in 2007 during the tenure of the theSierra Leone People’s Party (SLPP) ledGovernment. Since Peter Tucker submittedhis report in 2008; he went on, a lot ofdevelopments have taken place.

The dialogue was initiated to bring togetherthose with the largest constituency in asingle forum to discuss critical issues relatingto the improvement of local governmentadministration in Sierra Leone.

Magba Kamara is the Director of LocalGovernment in the Ministry of LocalGovernment; he encouraged them to speakup the issues. He underscored the fact thatPCs were very important in the wholeprocess and that CRC could not effectivelycommunicate with community peoplewithout their invaluable inputs.

In his presentation on the Local GovernmentPublic Submission questionnaires, theChairman of the Local Government andother ancillary branches of Government, DrAbubakar Kargbo asked various questionsbordering on local governance. Theinteractive sessions witnessed an on-the-spot response on the questions posed. Theyaffirmed the need for a whole chapter onlocal government in the revisedConstitution; the establishment of a Houseof Chiefs and but responded in the negativeon the issue of limiting the term of office ofParamount Chiefs.

In presenting the Recommendations of theCommission to Review the 1991Constitution and provisions of othercountries; Local Government Legal Expert,

Floyd Davies defined a constitution as thebirth certificate of a country as it containsall the laws of a country. He revealed thatin Uganda local councils are the highestpolitical authority and that 1/3 of the seatsat local councils were reserved for womenas provided for in the UgandanConstitution but in Sierra Leone, they arethe highest development authority.

A number of recommendations emanatedfrom the group discussions including thefollowing:

● Local council elections must beconducted devoid of politics to accordcompetent personalities theopportunity to bring the much neededdevelopments that the communitiesdemand.

● Councillors must be paid decent wagesthat befit their status

● The Constituency Development Fundshould be transformed into aChiefdom Development Fund.

● The Term of office of councilors shouldbe extended to 5 years to bring it inconcurrence with the Presidential andParliamentary Elections.

● A National House of Paramount Chiefsmust be created with a functioningSecretariat.

● Non-Governmental Organizations(NGOs) and Civil Society Organizations(CSOs) should be included in council tofacilitate development.

● All taxes should be collected bycouncils all across the country

● The Ministry of Local Governmentshould provide a space for LocalGovernment Finance Committee.

CRC Newsletter - March - April 20158

‘sierra Leone needs goodlaws that will address someof the challenges that aremilitating against the socio-economic growth of thecommunities where localadministrators govern.”

Participants at the National Dialogue in Southern Region

Participant making contribution Group Photo

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Market women present position paper to the Constitutional Review Committee (CRC)

At a day’s session with the CRC at the MiattaConference Centre in Freetown on 30th May,2015; the women appealed for greaterinvolvement at all levels of decision makingciting the crucial role that they play innational development. Marie Bob-Kandeh,the Secretary General of the Sierra LeoneMarket Women’s Association (SLMWA)underscored that their role in theconstitutional review process was criticalowing to the fact that they contribute to thedaily sustenance of society by engaging ineconomic activities.

The Chairman of the CRC, Justice EdmondCowan admonished the women to makemeaningful, open and frank contributionsduring the meeting as that was the onlyopportunity they had. He thanked UNDP forthe meeting whilst assuring the women thatthe CRC would give a serious thought totheir contributions.

Sudipto Mukerjee is the Country Director ofUNDP; he said that UNDP has always beenworking to create an atmosphere of equityfor women and girls thus the deliberateeffort to always ensure equal representationof men and women in all walks of life. MrMukerjee intimated that UNDP has assistedover 20 countries in developing theirconstitutions and Sierra Leone is the 25thCountry that they were helping.

Mr Morbey Sorty who represented UNWomen in the meeting spoke about theneed to engender good governance into therevised Constitution for the general good ofall.

The Sierra Leone Market Women’sAssociation (SLMWA) suggested thefollowing to be included in the revisedConstitution as captured in their positionpaper that they presented to the CRC.

● The Free Health Care must be made aconstitutional provision to put an end tothe age long problem of maternal mor-tality

● The Revised Constitution must addressthe land tenure system with particularreference to eliminating the barriers thatstand in the way of women’s ownership,access to and control of land resources

● A whole chapter must be dedicated todeal with citizenship due to the absenceof same in the current 1991 Constitution

● The review should take into consider-ation international instruments and trea-ties signed by the Government of SierraLeone. These must be domesticated andentrenched into the revised Constitutionto safeguard against non domestication

● Women’s representation at decisionmaking level must be reflected in thereviewed Constitution. The 30% quotarepresentation at all decision-makinglevels must be guaranteed by the Consti-tution

● Civic and Adult education and access tofinance should be given serious thoughtduring the ongoing CR process.

● The whole of Section 27(4)(d and e) mustbe expunged from the Constitution, notonly is it discriminatory, it also limits therights of women

Women constitute over 50% of SierraLeone’s population but unfortunately theystill experience discrimination and abusein the homes, offices and communities.Present day Constitutional developmentdemands that the people dictate whatshould be included in their nationalstatutes. Thus when President, Ernest BaiKoroma was launching the process, heemphatically stated that: “This reviewprocess affords every Sierra Leonean theopportunity to express his/her views/voiceon what they desire to see in the revisedConstitution.”

The Sierra Leone Market Women’sAssociation (SLMWA) was founded in 1996with the aim of galvanizing support andcreating the enabling environment formarket women to speak up to issues ofnational importance that would promotethe democratic process. SLMWA educateswomen about their civic responsibilitieswhilst simultaneously empowering themto get actively involved in thedevelopment aspirations of the nation.

SLMWA has worked with many civil societyorganizations, past and presentgovernments to restore peace,development and democratic sanity in thenation.

omen representing variousmarket centres in SierraLeone have urged theConstitutional ReviewCommittee (CRC) toincorporate laws that wouldtransform the socio-economic status of market

women.

CRC Newsletter - March - April 20159

W

Market Women present position paper to CRC

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The National Commission forDemocracy (NCD) haslaunched some constitutionalreview sensitization andpromotional materials aimedat enhancing the civiceducation agenda of the CRProcess in Sierra Leone.

CRC Newsletter - March - April 2015

The materials which included videos andtranslation of the constitution into 5 locallanguages were produced by NCD on behalfof the Constitutional Review Committee (CRC)with support from the United NationsDevelopment Programme (UNDP). In a PressLaunch organized by the Commission onWednesday 8th April, 2015 at the ConferenceRoom of the Ministry of Information andCommunications, the materials weredisplayed to the admiration of all.

The Chairman of the occasion who is also theDeputy Minister of Information andCommunications, Theo Nicol welcomed all towhat he described as “a very importantprogramme in the history of theConstitutional Review process.” He said that

he was intrigued to see Experts interpretingthe Constitution in the local languages in themanner that they did.

In his welcome statement, Commissioner BaiJ. Conteh stated that NCD believes ineducating the public to defend theConstitution at all times. 25 videos translatedin 5 local languages prepared by NCD wouldbe played in 50 Constituencies across SierraLeone.

Justice Edmond Cowan is the Chairman ofthe CRC, he hoped that those who would begiven the responsibility to sensitize thepeople will do so in the best way possible sothat people can get the much neededinformation. He thanked NCD for thetranslation and UNDP for the funding of theproject.

CRC cannot run the whole processindividually; it needs the support of otherexperts, institutions, academicians. Thekeynote address was done by the DeputyDirector of Governance, Ministry of Politicaland Public Affairs, Abdoul Kouroma.

The Constitutional Review Committee(CRC) is the proud beneficiary of a largeconsignment of legal text books donatedby a group of British Barristers.

Facilitated by Barrister Lois Kawa, therepresentative of the Office of theOmbudsman on the CRC, the materialswere meant to equip the Secretariat withthe much needed facilities to promote civiceducation and research onconstitutionalism and legal issues.

The Chairman of the CRC, Justice EdmondCowan thanked the British Barristers for thesupport to the CRC and assured that thedocuments would be used judiciously topromote the CR process in Sierra Leone.

National Commission for Democracy (NCD) launchesConstitutional Materials

Participants during the launching

T

Legal Books donated to theConstitutional Review

Committee

CRC Chairman & Executive Secretary receivingthe Legal books

10

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CRC trains Eastern Region District Coordinators ahead of the nationwide Consultations

efficiently serve as District Coordinators tofacilitate the outreach activities of the CRCahead of the imminent nationwidestakeholders and public consultations.

The participants were drawn from keygovernance institutions including theNational Commission for Democracy (NCD);Political Parties Registration Commission(PPRC); Office of National Security (ONS);National Electoral Commission (NEC) andHuman Rights Commission of Sierra Leone(HRCSL). Alongside their officialassignments, they will be facilitating andcoordinating the activities of the CRC in theirvarious districts.

The Chairman of the Kenema DistrictCouncil, Dr Senesie Foday Mansaraywelcomed CRC to Kenema District whilstencouraging participants to activelyparticipate in the process.

“You are the foot-soldiers that will take themessage to the people in the chiefdoms andother localities; to educate people about theConstitution, you must be educated aboutthe document yourself.” Noted CRC’sChairman, Justice Edmond Cowan. TheDistrict Coordinators would not onlypromote civic education but equally projectthe image of the Review Committee throughwell thought-out plans.

In his presentation on Constitutional Review:Best Practices, the UNDP Chief TechnicalAdviser (CTA) to the CRC, Sanaullah Balochstressed the importance of the process andthe need for people to actively participateand own the process.

Joseph Samba Keifala is the Mayor of theKenema City Council, he said that the 1991Constitution lacked provisions relating tolocal councils and asked the CRC to include aChapter on local councils for effectivegovernance at local level.

CRC’s Executive Secretary, Samuel Cokerdilated on the thematic Outreach andConsultation plans, proposed consultationdates and operational plans whilst stressingthat the CRC will provide the necessarylogistics to facilitate the execution of theconsultations.

Promotional materials including posters,multi-purpose civic education flash drives,Public Submission Forms, CombinedConstitution and Peter Tucker’s Report,CRC Stickers for cars and other items wereaccordingly provided to each of the threedistricts in the East for onward distributionto their communities.

The District Coordinators were delightedabout the process and pledged theircommitment to work with theConstitutional Review Committee (CRC)for an effective outreach activity. Eachdistrict fine-tuned a detailed consultationplan with the relevant stakeholders.

The programme which was attended bydignitaries like the Provincial Secretary,East, George Penyikie, Senior DistrictOfficer, Kenema and others was funded byUNDP, DFID, and EU.

The CRC is currently strategizing toexecute the much anticipatedstakeholders’ and public consultations inthe provinces. Similar trainings will befacilitated for coordinators in the Southernand Northern Regions of the country in thenext couple of weeks. It is hoped that thenationwide consultations would be heldbetween April and June 2015. Theconsultations which were to be held inearly 2014 were deferred due to the Ebolaoutbreak. The Government of Sierra Leonerecently extended the mandate of the CRCto March 2016.

The Sierra Leone 1991Constitutional ReviewCommittee (CRC) hastrained over 20 personnelfrom Kailahun, Kenema andKono to effectively and

CRC Newsletter - March - April 2015

TCTA Sanaullah Baloch making a

presentation

CRC Chairman Cowan making astatement

11

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national statute for the first time in livingmemory, adding that the country has doneabout 4 Constitutions since independence.They are the 1961 IndependenceConstitution; the 1971 RepublicanConstitution; the 1978 One Party Constitutionand the 1991 Multi-party democracyConstitution. Sana Baloch said that “TheConstitution is not only a legal framework; it’salso a social contract between the state andthe people. The Constitution is a politicalprocess that is people-centred.

Unveiling the District Coordination Plan forthe regions, CRC Executive Secretary, SamuelCoker informed them that they wereexpected to facilitate meetings with variousstakeholders in their localities and galvanizesupport and acceptance for the CR process.He spoke about the operationalarrangements that must be completed priorto the nationwide stakeholders and

The CRC could not have done anythingbetter than to co-opt staff of key governanceinstitutions including the Political PartiesRegistration Commission (PPRC), theNational Electoral Commission (NEC), theOffice of National Security (ONS), the HumanRights Commission of Sierra Leone (HRCSL)and the National Commission of Democracy(NCD) to facilitate their outreach activities inthe various districts in the provinces.

Since its establishment, the CRC has beenconducting civic education andstakeholders’ sensitization in different partsof the country to ensure that peopleparticipate actively at all stages of theprocess. The orientation of DistrictCoordinators in the Southern Region whichtook place on Thursday March 19, 2015 at theDistrict Council Hall was perhaps the bestthing that happened to the CR process inSierra Leone.

Speaking to the Coordinators during theopening ceremony, the CRC Chairman,Justice Edmond Cowan remarked that theCRC is charged with the responsibility ofreviewing the Constitution of Sierra LeoneAct No 6 of 1991 in tandem with the Reportof the Commission to review the 1991Constitution. He furthered that thecontribution of the people is paramount atevery level of the current review process. Hestressed that constitutions were prepared byfew elites in days gone by, that practice hesaid has given way to the current open,transparent and democratic constitution-making.

Justice Cowan urged the participants to readthe Constitution well and inform the peopleaccordingly about its contents.

A presentation on Constitutional Review:Best Practices was done by the UNDP ChiefTechnical Adviser (CTA) to the Sierra LeoneConstitutional Review Project, SanaullahBaloch. He disclosed that Sierra Leoneanswere participating in the review of their

Southern Region District Coordinators promise to promote CRC outreach activities

ith the Ebola cases almostdwindling and the mandateof the ConstitutionalReview Committee (CRC)extended to March 2016.more and more peoplehave been displayingrenewed interest andenergy in the process.

W

CRC Newsletter - March - April 2015

public consultations.

He opined that they were in a better steadto advise CRC on logistical facilities in theirdistricts including hotels and guest houses,catering services, public address systemsand other facilities needed to holdsuccessful meetings.

The participants promised that they wouldsincerely and selflessly execute the dutiesassigned to them in the best possible waysfor the overall development of aconstitution that will be politically, socially,economically and culturally viable. Thetraining session ended with the distributionof Constitutional Review kits to all the fourdistricts in the Southern Region. Items ineach package included multi-purpose civiceducation flash drives, thematic publicsubmission forms, stationery, stickers andposters.

District Coordinators

Group Work

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13 CRC Newsletter - March - April 2015

Artistes representing different genres of music were present for theconsultations which took place at the Ministry of Youth Affairs onThursday 5th March 2015. The Chairman of the Information, Educationand Communications (IEC) Sub-committee of the ConstitutionalReview Committee (CRC), Morlai Conteh informed the meeting thatthe committee was tasked with the responsibility of reviewingprovisions in the 1991 Constitution that relate to information,education and Communications, whilst simultaneously emphasizingthe importance of everyone’s contribution in the process.

The musicians couldn’t conceal their appreciation of CRC’s initiative ofconsulting them for the review process. Milton Koker (aka Colabo), thePresident of the Sierra Leone Musicians Union, All Stars; expressed hisorganization’s frustration on the non availability of a musicianrepresentation in the 80 member CRC. He added that it was not latefor them to be co-opted into the CRC. The Chairman of the SierraLeone Music Federation expressed similar sentiments.

“Music is sustainable; it can last longer than other forms of massmedia.” Maintained the Union’s President. In a show ofdisappointment, the musicians lamented the disadvantaged positionthey have been relegated to due to the ineffective implementation ofthe Local Content Policy. A policy that was inaugurated to safeguardSierra Leonean products and services against undue competition hasnot served its purpose. If anything it has worsen the alreadydeplorable status of talented artistes due largely to lack ofimplementation.

Sierra Leonean songs must be protected, projected and promotedwithin and outside the country but the reverse prevails. Whilst hailingthe laws on the area of robustness in content, the music stars werequick to condemn authorities for the non implementation of same.

The local content policy has been passed but it is not effectively being

implemented in Sierra Leone. Radio and television stations andother forms of media entities are not playing Sierra Leonean music.That in itself is having a diminishing return on the overall industryhence the dire need to formulate laws and policies that wouldpromote the Sierra Leonean music and culture.Sexual exploitation is affecting the female artistes in such a waythat it is impeding their progress in life. The laws must be enforced,this will translate to development, the laws are good in Sierra Leonebut implementation is pivotal to the furtherance of peace anddevelopment. They categorically stated that the copyright laws, asgood as they might be, have not been effectively and efficientlyimplemented.

“Artistes are not protected in Sierra Leone, they need protection inthe constitution and that must be entrenched in the revisedConstitution.”

Musicians are the most credible people in the country-Many artisteshave gone out to play matches but many do not return to thecountry again. This hampers the credibility and positive image ofthe nation. A Nigerian friend who visited Sierra Leone wasdisappointed when he didn’t listen to Sierra Leonean songs whenhe visited the country. He was frustrated because he had wanted tolisten to songs that were different from Nigerian songs but all theradio stations in the country were busy playing songs from othercountries.

The nomenclature of the Ministry of Tourism and Culture must berevised to read as ‘Ministry of Tourism, Entertainment and Culture.’The Local Content Policy must be developed into a law-thebillboards must contain Sierra Leonean faces instead of foreignfaces.

The musicians concluded by demanding a separate section in theConstitution that details the governance of the entertainmentindustry in Sierra Leone.

Union of Artistes - All Stars/Music Federation demand a chapter onentertainment in the revised Law

Participants at the meeting

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14 CRC Newsletter - March - April 2015

Legislative Sub-committees engage Parliamentary Oversight Committees

The concept of constitutional building revolves around keystakeholders whose buy-in is critical for the overall sustenance andexecution of the national statute. One such entity is the law-makingbody, the House of Parliament which is the legislative arm of theGovernment. Tasked with the responsibility of formulating andamending laws, parliament has a supreme role to play in themaintenance of peace, development and democracy.

Cognizant of this fact, the Constitutional Review Committee (CRC)sub-committees have been holding series of consultative meetingswith various sub-committees in parliament not only to gauge theirviews but also to solicit their aspirations for the revised constitutionon the thematic areas that they deal with.

Participants at the session

The State policy and Human Rights sub-committee initiated theprocess by engaging the Human Rights committee in Parliament.The deliberative sessions witnessed the dissecting of Chapters 2 and3 of the extant constitution that deals with the FundamentalPrinciples of State Policy and the Recognition and Protection ofFundamental Human Rights. They also discussed the proposedChapter on citizenship which was a recommended by theCommission to Review the 1991 Constitution in 2007. Series ofrecommendations and propositions emanated from the discussionswith the law-makers.

Another sub-committee that has held wide ranging discussions withParliament is the Legislative sub-committee of CRC. Such is thefruitfulness of their deliberations that almost all the Members ofParliament participated in the discussions whilst simultaneouslycontributing positively to the discourse.

The Local Government and other ancillary branches of Governmentis the third sub-committee that has held consultations with theHouse of Parliament. Parliamentarians actively participated in thediscussion and hope to engage the CRC in more consultations later.

Hon. Manley Spain making a presentation

Group work

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OXFAM / CRC Related ActivitiesThe FADCORP Project and We Kontri We Law Campaign has been launched in Pujehun District in collaboration with our implementingpartner organization Green Scenery. This launch combined with civic education session facilitated by the CRC Executive Secretary. Copiesof the combined 1991 constitution and Peter Tucker report distributed to key community representatives. Radio jingles and stickers havebeen developed and aired/shared.

OXFAM in collaboration with the Governance Stakeholder Coordination Forum contracted 50/50 Group to conduct civic education trainingin 4 districts of Freetown, Pujehun, Kailahun and Koinadugu Districts, using training manual developed by 50/50, which was adopted forcurrent review process. Recommendations for the review process were compiled for submission to the CRC. More civic education sessionshave been conducted in the East and West of Freetown, Pujehun district in three chiefdoms of Kpaka Kabonde, Malen and Massa Kpaka andKoinadugu CRC forms were distributed and completed for submitted to the CRC.

As part of an initiative OXFAM in collaboration with Welt Hunger Hilfe (WHH), IBIS, FAO and Christian Aid Green Scenery was supported tomobilise 149 paramount chiefs nationwide to a constitutional review conference in Bo Town, whose theme was Our Land Our Constitution;CRC member presented a paper on current Land laws and the gender dimension at the conference.

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Address: Miatta Conference Centre, Brookfields, Freetown, Sierra Leone. Telephone: +232 25 333322Email: [email protected] Website: http://www.constitutionalreview.gov.sl

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