SIERRA LEONE

End of war clears path for reform

AS Sierra Leone emerges from the trauma of civil war, its people are now faced with the challenges left by a decade of human rights abuses and the current conflicts which plague the region. In January 2002, President Ahmad Tejan Kabbah declared an end to the decade-long civil war that had crippled Sierra Leone. The war, fuelled by a power struggle primarily between the government and rebel forces led by the Revolutionary United Front (RUF) over territory, conflict diamonds and politics, brought a decade of attacks on civilians, which resulted in the dislocation of over four million people who were forced either to flee to neighbouring countries or become internally displaced. During the past decade, Sierra Leone witnessed several egregious violations of human rights, stemming from the war. Among them were child abuse, violence against women, and arbitrary arrest, detention and execution, to name a few.

Even now, as the war has ended, conflict in nearby Liberia affects the Sierra Leonean people. As Sierra Leone struggles to recover from this decade of tragedy, it is crucial to remedy the lingering effects of the past.

Since Sierra Leone declared an end to its internal conflict, the country's human rights record has progressed in a generally positive direction. The United Nations Mission in Sierra Leone (UNAMSIL) and British forces have disarmed combatants, including both the RUF and national security forces which fought with reckless impunity. On 20 March 2003, UN Secretary General Kofi Annan recommended to the Security Council that it extend the mandate of UNAMSIL as the country is still not capable of maintaining its security without international help. 

Additionally, Sierra Leonean refugees by the tens of thousands have been returning home over the course of the past year. The successful repatriation of Sierra Leonean refugees from neighbouring countries - Liberia and Côte D'Ivoire in particular - will depend on the willingness of the government and international agencies to fund repatriation efforts.

In July 2002, the government established the Truth and Reconciliation Commission (TRC) under the directive of OHCHR to prepare a record of abuses during the war and recommend courses of action. However, the OHCHR has highlighted that by December 2002 the budget of the TRC received pledges of only about half the estimated budget.  This lack of funds seriously affects the work of the TRC and states should respond to the Annual Appeal 2003 of the OHCHR.

Additionally, a Special Court, established to bring to justice violators of international humanitarian law, has been operating fairly effectively as the Court has indicted seven men on 10 March 2003 to stand trial for crimes against humanity, even though two are still at large. In this regard, the Memorandum of Understanding regarding the relationship between the different bodies that are working in Sierra Leone is welcome and should allow the process of justice to start in the country.

While these improvements present an optimistic view for Sierra Leone's human rights situation, major institutional reform is necessary to counter the lingering effects of civil war. In addition, civil strife in neighbouring Liberia has affected the country. Tens of thousands of refugees from Liberia have entered Sierra Leone's borders. Liberian refugees camped at the border have been the subject of border incursions by Liberian rebels in which refugees have been attacked, abducted and recruited for fighting.

Additionally, a report by the UNHCR in February 2002 alleged violations of sexual abuse and exploitation by NGO and UN agency employees engaged in Sierra Leone. The report shocked UN officials resulting in an investigation and the establishment of a committee to prevent repeat occurrences.

Children were among the most affected during the recent civil war period in Sierra Leone. Throughout the war, children suffered all forms of physical, mental and sexual abuse, including abduction, sexual exploitation, and separation from their families. Some children were used for forced labour in diamond mining. Many others were targets for forced conscription into the war by both rebel groups and government-allied militias. Many displaced children have been returned to their homes with the aid of national and international organisations.

In spite of this progress, there are several challenges which the country must face as it aims to reintegrate its former child soldiers. Many of these children return to their former lives without education or jobs. Many more are still working in the diamond mining pits. Work still remains in returning the remaining displaced children to their places of origin, improving education, shelter and support services for orphan children and rehabilitating those children who were forced into committing acts of violence and crime.

Women are still suffering the effects of abuse from war. During the war, women of all ages were subjected to a wide range of abuses including abduction, systematic rape, sexual slavery, and enforced pregnancy. Sexual abuse was rampant during the war and was used primarily by the rebel forces as a weapon to terrorise, humiliate and force the civilian population into submission. The techniques employed by the rebels were severe, ranging from torture to forced incest.

Needless to say, the lingering psychological and physical harm still remains, as formerly abused women must now deal with unwanted pregnancies, sexually transmitted diseases and social ostracism. Much work needs to be done to provide healthcare and support services to orphaned and abandoned children and their mothers. Additionally, these women are culturally humiliated and ostracised due to their experiences and are therefore unable to reintegrate back into mainstream society. The plight of these women can be improved by providing increased counselling services as well as offering educational and vocational training. Several reports have indicated that an environment of impunity has led to the ineffective investigation, prosecution and punishment of those responsible for the war-related gender-based violence and abuse. In the interests of criminal justice, greater measures need to be taken to ensure that these criminals are tried and punished accordingly. More shockingly, however, several recent reports by UN and non-governmental human rights organisations have revealed a pattern of sexual misconduct on the part of humanitarian aid workers in Sierra Leone. Allegations from complainants including rape and offering food and medical supplies in exchange for sexual favours. UNAMSIL has reason to believe that even some of its own members have engaged in such conduct. UNAMSIL has to implement measures to receive and process claims from victims of sexual abuse by peacekeepers.

In addition to such services, it is important for UNAMSIL and other organisations to perform thorough internal investigations, followed by formal disciplinary procedures or referral for criminal prosecution. Additionally, it is crucial for peacekeeping organisations to properly screen their volunteers, as well as ensure proper gender-sensitivity training.

Judicial reform is also necessary both in facilitating fair trials for current detainees and in the prosecution of war criminals. During the state of emergency, there was widespread arbitrary arrest and detention in Sierra Leone. While there are indications that the government is willing to proceed with trials for detainees abducted during the war, the culture in the judiciary is resistant to giving these detainees due process rights. Often these trials proceed without defence counsel.

Furthermore, victims of abuse by war criminals in Sierra Leone often lack the legal or practical means to bring the perpetrators to justice. As pointed out in the Report of the High Commissioner, despite the lifting of the state of emergency, at least 18 persons arrested in 2000 were still held in custody without charge as 'safe custody detainees'. Steps should be taken to reform the judicial process and retrain or reappoint judges where necessary.

Sierra Leone's greatest human rights challenges in the post-war era involve changing a political and social culture scarred and corrupted by a decade of lawlessness. There is much work to be done to restore the lives of those who suffered the tragedies of the war, particularly refugees, women and children.

Sierra Leone also faces a great challenging in reforming its institutions, especially its courts and police forces, to ensure that war criminals are brought to justice and to guarantee due process to those who are still floating within the penal system without adequate access to the courts. UN bodies and NGOs can play an important role in the process, but they need to address their own internal problems to make certain that they are providing solutions to, rather than exacerbating, the existing problems.

The international community has to provide for technical and material assistance to support the establishment of an independent national human rights institution. The recent decision of the OHCHR to go in this direction is more than welcome. However the international community should ensure that such a body does not follow the history of its predecessor, the National Commission for Democracy, which was unable to carry out any efficient human rights activity. The OHCHR should ensure that the future NHRI in Sierra Leone can monitor human rights abuses in total independence from the government. Sierra Leone's recent history demonstrates the importance of international support to develop functional human rights institutions with adequate powers.

Ultimately, the burden of rebuilding is the responsibility of the Government of Sierra Leone. In order to effectively emerge from the trauma of the past ten years, major institutional, political and social reforms are necessary to establish a culture and environment that will nurture the healing process.