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The Economic Community of West African States (ECOWAS) Court has ruled that Sierra Leone must urgently amend or repeal its loitering laws, declaring that the legislation discriminates against vulnerable individuals, particularly the poor.
The court found that the law unfairly targets people who may be out during the night conducting normal activities, such as going to work or running errands.
In its ruling, the court emphasized that the loitering law grants excessive powers to the police, enabling them to arrest and detain individuals arbitrarily, which can lead to abuse. This, the court noted, is a direct violation of international human rights standards, specifically the right to freedom of movement, as enshrined in the African Charter on Human and People’s Rights, among other legal instruments Sierra Leone has ratified.
The court’s decision mandates Sierra Leone to take immediate steps to either repeal or amend the loitering law to ensure it aligns with the country’s international obligations. The ruling also urges the country to introduce legislative measures that will safeguard the rights of its citizens, particularly those from marginalized communities who are most affected by the law.
The case was brought before the ECOWAS Court by ADVOCAID, with lawyer Eleanor Thompson representing the organization. ADVOCAID, a legal advocacy group focused on human rights, celebrated the ruling, noting that it marks a significant step toward protecting the rights of vulnerable individuals in Sierra Leone.
