Lawyer Rashid Dumbuya Calls For Pragmatic Approach To Reproductive Health Legislation

Prominent human rights advocate and former Commissioner for Human Rights, Rashid Dumbuya, has issued a public letter urging Parliament to reconsider the controversial Safe Motherhood and Reproductive Health Care Bill of 2024.

Dumbuya, who now serves as the Executive Director of a leading human rights organization, has called for a more measured approach grounded in the principles of progressive realization, margin of appreciation, and cultural relativism.

The Bill, which includes provisions for expanded access to abortion, has sparked widespread debate in Sierra Leone. Religious and cultural groups have vocally opposed the legislation, arguing it conflicts with the nation’s deeply rooted traditions and values. Dumbuya’s intervention is the latest in a series of critiques aimed at fostering dialogue on the contentious issue.

Dumbuya emphasized the importance of adopting a phased approach to implementing sexual and reproductive health rights in Sierra Leone. Citing Article 2 of the International Covenant on Economic, Social and Cultural Rights, he argued that international law allows for the gradual realization of such rights, depending on a nation’s available resources.

“The Government of Sierra Leone lacks the medical infrastructure and expertise to roll out safe abortion in the entire country if the law were to be enacted today,” Dumbuya wrote, urging lawmakers to focus initially on cases where the life of the mother is endangered or in instances of abuse resulting in pregnancy.

Highlighting the margin of appreciation theory, Dumbuya argued that Sierra Leone has the right to tailor its legislative approach to fit its unique cultural and religious context. “It would be foolhardy and unfortunate for Parliament to despise the voices of the largest constituency in Sierra Leone over this conventional issue,” he warned, referring to the opposition from religious communities.

He cited the European Court of Human Rights as an example of how nations can exercise discretion while upholding the ultimate objectives of international human rights.

Dumbuya further invoked cultural relativism, urging lawmakers to respect the cultural and religious values that shape Sierra Leonean society. He pointed to the African Charter on Human and Peoples’ Rights (ACHPR), which promotes the preservation of positive African cultural values.

“The radical abortion provisions within the Bill are inimical to the religious aspirations of the country and will be stiffly resisted,” Dumbuya said, calling for Parliament to align its legislative agenda with the moral well-being of Sierra Leoneans.

In his letter, Dumbuya appealed to lawmakers to consult more broadly with affected communities and stakeholders before passing the Bill. He also stressed the need for education and awareness campaigns to gradually build societal consensus on such reforms.

“While sexual reproductive health rights of women and girls are important, it is vital that the peace and serenity of the nation be prioritized,” Dumbuya concluded.

The public letter has reignited debate over the Bill, which is scheduled for further review in Parliament. As the nation grapples with balancing progressive reforms and cultural values, Dumbuya’s intervention underscores the complexities of enacting rights-based legislation in a diverse society.

Lawmakers are now under pressure to navigate the polarized debate and seek a compromise that satisfies both advocates for women’s rights and the broader public. Whether they heed Dumbuya’s recommendations remains to be seen.