Introduction
The
Krio Descendants Union at its regular monthly meeting in June, 2015 in
The process continued till the end of September when a draft submission was prepared and presented to the general membership of the Krio Descendants Union at its October general meeting. The current document was approved by the general membership for submission to the CRC.
The submission is divided into two sections. Section A has discussions of specific national issues of particular interest to Krios. Section B is wider ranging in scope and is essentially a response to the questionnaires issued by the CRC.
Section A
(1) Discriminatory land laws
The
Constitutional issue that arouses greater unanimity in
Sierra Leone Krios than any other is that dealing with
KDU is calling for a Constitutional provision for immediate repeal of Cap 122 and similar legislation.
KDU
suggests strengthening of the relevant sections of Chapter
3, on human rights, by the following amendments.
1.
SECTION 27, SUBSECTION (1) currently reads,
“Subject to the provisions of Sections (4, 5 and 7), no law shall make provision which is discriminatory either of itself or in its effect”
PROPOSED
ADDITION
“; and in particular no law shall make provision which is discriminatory with respect to the fundamental human rights guaranteed to all Sierra Leoneans in this chapter.”
2.
SECTION 27, SUBSECTION (2) currently reads,
“Subject to the provisions of Sections (6, 7 and 8), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority”
PROPOSED ADDITION
“; and in particular no person shall be treated in a discriminatory manner with respect to the fundamental human rights guaranteed to all Sierra Leoneans in this chapter.”
The above amendments will reduce marginalization of minority groups (e.g. Vai, Kru, Krim, Krio)
(2)
Customary Law
With
the influx into
(3)
Paramount Chief representation in
Parliament
The existing Constitution specifies one Paramount Chief Member of Parliament from each of Sierra Leone’s twelve districts. This distorts the composition of Parliament quite significantly to the detriment of the Western Area. This despite the fact that in Chapter 4, The Representation of the People, the Electoral Commission is required to go to considerable lengths to ensure that constituencies are of approximately the same population and thus there is equality of representation in constituencies throughout Sierra Leone. KDU joins with other groups, possibly including the Paramount Chiefs themselves, in calling for Paramount Chiefs no longer to have representation in Parliament. Whatever new body may be formed to include the Paramount Chiefs should include representation from all ethnic groups and administrative districts.
(4) Political Representation
The
committee was of the view that in order to stand for
election as a representative of a community, whether it be a village,
ward,
constituency or municipality, all candidates should have a significant
stake in
that community, by way of ownership of property, or at least very
considerable
continuous residence within the community. As things currently stand,
with two
dominant parties, a candidate can win election to represent a community
by
virtue merely of being a party candidate, even though that individual
might
have very little real connection with that community. KDU calls for
enhanced
property or residence requirements for all nominees for election to the
positions of Mayor, Member of Parliament, Councillor and Village
Headman. This
is the practice in some other countries around the world. In addition,
for all
these categories, KDU calls for lineage requirements (ie the nominee
should be
an indigene of the area), as is the practice for some categories of
political
representation in provincial areas. This amendment should help to
ensure that
political representatives all over the country have the best interests
of their
community at heart. It should help to reduce the brain and skills drain
away
from the provinces to
(5) Presidential Powers
The
committee was of the view that the independence of certain
key institutions - the Judiciary, Anti-Corruption
(6) Human Rights
KDU supports strengthening of the human rights provisions entrenched in Chapter 3 of the existing Constitution with the proviso that this must NOT be extended to include same-sex marriage and its variants.
Section B
This
section is a response to the various questionnaires produced by the CRC
THE
JUDICIARY
1.
Remove the appointment of
Judges of the Judicature from the
Executive (Presidency) to the Judicial and Legal Service Commission,
SUBJECT to
Parliamentary scrutiny and confirmation
2.
Appointment of all Judges
to the Superior courts of the
Judicature to be SUBJECT to Parliamentary scrutiny and confirmation
3.
The removal of all Judges
of the Judicature from office to
henceforth be on recommendations of the Judicial and Legal Services
Commission
and which must be ratified by no less than a
2/3rds Parliamentary majority
4.
The retirement age of
Judges of the Superior Court of the Judicature to be seventy
(70) years,
and extensions thereafter for not more than two (2) years beyond their
attainment of the retirement age of 70 years, subject again to further
Parliamentary approval.
5.
Undue delays in the
administration of justice are caused by
(a) Corruption (b) A paucity of justice delivery administrative
personnel -
both factors are engendered by low reward parameters and unsatisfactory
working
environments
6.
The timeline for delivery
of judgements per Sec 120 (16) of
the Constitution is in order. More personnel required to be recruited
to ease
workload and ensure compliance.
7.
Investigations and
prosecutions machinery is too slow. This
is due to an insufficient number of administrative personnel; rewards
disincentives, unskilled and corrupt police officers mostly involved in
preliminary investigative work and concentration of too many powers in
the
Attorney General’s office. Special Fast Track Courts are required for
speedy
resolutions of Human Rights and Lands Disputes Issues, minor civil
offences and
Industrial disputes. Also Small Claims Courts manned by additionally
trained
Para-Legals to be established throughout the country
8.
The independence of the
Judiciary is at present too opaque
9.
The role of the Attorney
General to be restricted to that of
Government Principal Legal adviser. The Office of the Minister of
Justice to be
divorced and separated from that of the Attorney General
10.
The Minister of
Justice to have no role in the Judiciary beyond ensuring compliance
with
administrative procedures and the introduction of new legislations
(Sec. 120
(3)
11.
A provision to be made
for the Judiciary system to retain 20% of all
revenues/Fines/Fees/Levies for
their administrative expenses, in the same way that rule applies to
other
income earning streams (SLRSA for example).
12.
The President should
not be responsible for appointments to the Judicial and Legal Service
Commission
13.
In case of vacancy in
Chief Justiceship, the most senior justice on the Supreme Court should
automatically assume the position.
STATE POLICY AND HUMAN
RIGHTS
1.
The citizens’
responsibility to respect the sanctity and
sacredness of the Constitution to be enshrined
2.
Government’s
responsibility to uphold the Constitution to be
enshrined
3.
The responsibility on the
Supreme Courts to ensure speedy
redress for citizens whose Constitutional rights have been breached to
be
enshrined
4.
The Separation of Powers
precluding the Judiciary from
reporting to Parliament to be enshrined
5.
Separate
legislation
to be enacted for a separate
6.
To discourage
compromises, Public Funding to the Judiciary,
Human Rights Commission, Office of the Ombudsman and other State
Institutions
engaged in the promotion of Equity, Freedoms, Democracy and Justice to
be
included in the Constitution or any other Legal Instrument
7.
The separate Human Rights
Act created must clearly provide
compensations for citizens’ rights violations
8.
The age of Criminal
Liability to be in sync with the Voting
Age
9.
There is no need for
a separate chapter for
journalistic freedoms in the new Constitution as they are covered by
Chapter 3,
Fundamental Human Rights, and separate Acts
10.
Part 5 of the Public
Order Act of 1965 to be appropriately amended to protect the citizens’
rights
against criminal publications, libel and slander.
11.
The Freedom of
Information Law should be entrenched in the Constitution. Sources of
information to be protected.
12.
A clear and
unambiguous definition of citizenship is required to be enshrined in
the
Constitution
13.
Naturalized Citizens
to only be eligible for Parliamentary representation after fifteen (15)
years
of naturalization. Dual citizens excluded.
14.
The President to only
unilaterally declare State of
15.
The Executive Powers
of the President to be reviewed and a clear definition must be
enshrined in the
new Constitution
16.
The creation of a
Parliamentary Standards Commission (just like the Civil service) to
regulate
and set terms and remuneration parameters for Members of Parliament and
Parliamentary staff is necessary
17.
The National Local
Contents Policy guidelines to be enacted making
it compulsory for citizens’ leadership to be enshrined.
18.
Long-term national
development strategies/goals to be prioritized and entrenched.
THE EXECUTIVE
1.
A clear separation of
powers amongst the three arms of
government (Executive, Legislative and Judiciary) is necessary
2.
President not to serve
more than two consecutive terms of
five (5) years
3.
Holders of dual
citizenship not to be eligible to contest
for the Presidency or for appointment to Cabinet.
4.
Independent candidates to
be able to vie for the Presidency
and allowed to contest Presidential Elections
5.
Only a simple majority
(50% +1) should be required on the
first ballot to win Presidential elections
6.
Presidential Elections to
be on fixed calendar term dates.
National Census to be held in time so as not to delay elections.
7.
Regional and Tribal
balance/representation to be evident in
Cabinet formation.
8.
Parliamentarians to be
disqualified from appointment as cabinet
Ministers
9.
The position of Minister
of Justice to be separated from the
Office of the Attorney General
10.
The Speaker of
Parliament to be sworn in to act as President only in the absence of
the President
and
Vice
President
THE LEGISLATIVE
1.
The Political Parties
Registration Commission (PPRC) to be
given (additional) Regulatory authority and renamed The
Political
Parties registration and Regulatory Commission (PPRRC)
2.
The Chairperson of the
National Electoral Commission (NEC)
and the Administrator and Registrar General to cease being members of
the PPRC
3.
The nomenclatures of
Political Constituencies to revert to
names (as in the past), instead of numbers as now
4.
Political Constituency
Boundaries to be subject to review
after every ten (10) years independent of any other national
development
exercises (National Population Census Surveys). The National
Census to
be held on time, as prescribed by legislation.
5.
The timeline for
Bye-Elections to be reduced from six months
(180) days after a declared vacancy to ninety (90) days
6.
The neutrality of the
National Election Commission must be
guaranteed
7.
The requirement of the
Presidency as a part of the National
Legislature (Parliament) to be discontinued
8.
A separate House of
Chiefs to be created to discontinue
Chieftaincy representations in the Legislature
9.
Parliamentarians to only
be eligible for pension
payments after attaining the
standard retirement age and having served two consecutive or cumulative
terms.
10.
All elections disputes
and appeals must be resolved within ninety (90) days of lodgments to
the Courts
11.
Only those qualified
to be appointed as Judges of the Judicature to be eligible for
appointment as
Speaker of Parliament
12.
The life of each
parliamentary term to remain at five (5) years
13.
Unsuccessful Electoral
Candidates not to be disqualified from holding Cabinet positions
14.
Parliamentarians
should be disqualified from engaging in Public Works Contracts or
Government
Projects.