1 Comment
The unpredictability of replacing our 30-year old National Constitution the review of which has taken has taken over 10 years and counting; succeeding the former Koroma Administration and now the Bio Administration seems like a kind of national scandal! What else can one call it, the process having started with the highest hype and people-centred strategic pronouncements? A Very important related document that our governments had treated half-heartedly is the Truth and Reconciliation Commission (TRC) recommendations and one key one is the review of the 1991 Constitution. In legal circles, any constitution that has taken up to 20 to 25 years is obsolete in many ways and need review.
After the end of the war, two attempts were made at constitution review, first by late President Ahmad Tejan Kabbah, who set up the Peter Tucker Constitutional Review Commission. It submitted its report in 2008, when a new government under President Ernest Bai Koroma was already in office. The Koroma administration shelved that report only to set up a fresh review process in 2013, under the leadership of the late Justice Edmond Cowan. The recommendations from that process too were not done justice to. It was adulterated and its pro-people elements butchered. As opposition leader, Bio promised to review the document. Well the Bio White Paper on the CRC recommendations accepted only 50 out of the 130 recommendations! His predecessor President Koroma had accepted only 40 recommendations!
The main goal of the revised Constitution is to strengthen the existing multi-party democracy and to create an open and transparent society. The Committee consisted of eighty (80) members representing different stakeholders in society, including political parties, democratic institutions, NGOs, the media and other key independent Bodies.
The process of the review of our Constitution in effect started with the launch of the Constitutional Review Committee (CRC) on July 30, 2013 by Former President Koroma. At the launching, Former President Koroma had this to say, “This is a committee constituted from people of every region, political affiliation and socio-economic group to perform a sacred task. This is a committee constituted from people of every region, political affiliation and socio-economic group to perform a sacred task. The Constitution is the supreme law of the land, and we must all ensure that this document captures our better habits, our better values and our better aspirations. The Constitution is the supreme law of the land, and we must all ensure that this document captures our better habits, our better values and our better aspirations”.
During the first two-year process the CRC carried out extensive consultations with Sierra Leoneans both inside the country and in the diaspora (Ghana and Kenya). This included undertaking consultative meetings, collecting and collating more than a hundred (100) position papers submitted by many CSOs, individuals, social and political groups, parliamentarians, government MDAs, international and local organizations. The Constitutions of seventy-five (75) countries were reviewed and utilized as part of the process. In addition, expert recommendations and public opinion were also being taken into consideration.
It is so very important that as a nation we get it right with a new constitution. No doubt there has been improvement in some sectors like health and education, but so much more needs to be done. We had hit rock bottom in many sectors and we need per force bounce back up. A little bit of hindsight will tell us that in 1990 when the UN released its first Human Development Index (HDI) Sierra Leone was ranked fourth lowest, and a year later we occupied the absolute lowest!
Generally contemporary constitutions describe the basic principles of the state, the structures and processes of government and the fundamental rights of citizens in a higher law that cannot be unilaterally changed by an ordinary legislative act. Although they do vary, nevertheless, any broadly accepted working definition of a constitution would likely include the following characteristics: A constitution is a set of fundamental legal-political rules that: (1) are binding on everyone in the state, including ordinary law making institution. (2) concern the structure and operation of the institutions of government, political principles and the rights of citizens; (3) are based on widespread public legitimacy; (4) are harder to change than ordinary laws (e.g. a two-thirds majority vote or a referendum is needed); (5) as a minimum, meet the internationally recognized criteria for a democratic system in terms of representation and human rights.
As contained in their abridged report, the CRC, chaired by the Late Retired justice Edmund Cowan, proposed the following new Chapters to be included in the new Constitution: Proposed New Chapters 1. Local Government and Decentralization. The justification for this proposal is to strengthen decentralization process of power and devolve it on the districts and at council level. In Addition, this is in line with the Truth and Reconciliation Commission’s (TRC) report of 2002 and the Lomé Peace Accord that the Constitution should have a separate chapter with the title, Local Government and Decentralization.
- Citizenship: There had been some very influential and persuasive reports, submissions and representations made that the revised Sierra Leone Constitution needed to include a new Chapter on Citizenship, defining who is a citizen and how citizenship may be acquired without reference to race or gender. The CRC placed weight on the imperative recommendation made by the Truth and Reconciliation Commission (TRC) that the details of acquisition of citizenship, which must be without consideration of race and gender and the principles of rights and responsibilities, should be enshrined in the Constitution. This was endorsed by the Law Reform Commission of Sierra Leone
- Land, Natural Resources and the Environment: The Constitutional Review Committee (CRC) proposes a new chapter in the revised Constitution to be titled “Lands, Natural Resources and the Environment”. This chapter is sub-divided into 3 sections: Lands, Natural Resources and the Environment. The justification for this sub-division is because they have three distinct definitions and each has its own thematic area. Arguments put forward by organizations, position papers and public consultations held nationwide were reviewed, synthesized and incorporated.
Inspiration for ideas was drawn from world constitutions, national and international documents, including academic papers and opinions expressed by experts. Also given serious consideration were some strong recommendations obtained from a 2-week fact-finding mission undertaken by the CRC between October and November 2015 to Ghana and Kenya.
- Information, Communication and the Media: The Constitutional Review Committee (CRC) proposes a new chapter in the revised Constitution to be titled “Information, Communication and the Media”. The justification for this proposal is to bring about an independent media. Opinions expressed by experts, position papers and public consultations held nationwide were considered and taken into account before the proposed changes. Also given serious consideration were some strong recommendations obtained from a 2-week fact-finding mission undertaken by the CRC between October and November 2015 to Ghana and Kenya.
The above 4 proposals for inclusion into the new Constitution are justified and some further discussions are needed to bring the ideas to speed. What has been happening is Legislations passed in parliament while the national constitution has little or no reference to them. This somehow defeats the argument that the Constitution takes precedence over any other law.
As at now many well-meaning democratic citizens look forward to Presidential and Political will for the Constitutional review recommendations as originally slated to be adopted and a pro-people White Paper is done for the sake of our democratic credence. The nation can settle for no less after over two decades long review process! No more Obnoxious White Papers!
The 1991 constitution is the problem, just try to make peoples live easier . Since 2018 the people of sierra Leone know no joy, because a country divided is equal to instability. Your focus should be trying to unite us. The constitution is safe, leave it as it is.