Country Report on Human Rights Practices for 1985
SIERRA LEONE
Sierra Leone has a one-party system of government in which the
President is the predominant executive authority. The term of
President Siaka Probyn Stevens, who first assumed executive
power in 1968 following two military coups, expired in 1985
under the 1978 Constitution, and Stevens handpicked military
force commander Major General Joseph Saidu Momoh as his
successor. In a national referendum October 1, 1985, Momoh
became President-elect. Authority was transferred to him in a
ceremony on November 28, 1985. A Cabinet, selected by the
President from elected as well as appointed members of
Parliament, meets with the President regularly and has
influence on the President's decisionmaking. Sierra Leone's
unicameral Parliament usually takes its direction from the
executive. The government security structure, which includes
the police, the military forces, and the special security
division used primarly for presidential protection, does not
generally interfere with the rights of individuals, although
certain army units were criticized in 1985 for trying to force
merchants on occasion to sell rice at fixed government prices
only.
Sierra Leone is considered by the U.N. to be among the least
developed countries. About 70 percent of its 3.9 million
population is engaged in agriculture, mainly at the subsistence
level. The Constitution recognizes the right to own private
property. Most of the modern sector of the economy is
privately owned. There is also government ownership in certain
key sectors, particularly mining and transportation.
Human rights in Sierra Leone during 1985 were basically
respected, and the ongoing peaceful transition of executive
authority was a positive element. The eight privately-owned
newspapers enjoy considerable though not complete freedom, and
articles on sensitive political and economic topics, including
investigative reporting into government shortcomings, have been
published. The judiciary generally maintains its independence
from the executive and has been reasonably effective in
protecting legal rights, although there are continuing
allegations that some court officials are subject to political
manipulation or bribery. For the first time, members of the
Sierra Leone Bar Association organized a society for the
preservation of human rights and held a well-attended inaugural
seminar July 12.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killings in 1985.
b. Disappearance
There were no reports of abduction of individuals by the
Government or hostage taking by nongovernmental groups.
c. Torture and Cruel, Inhiunan, or Degrading Treatment or
Ptinishment
There have been no specific reports of torture. However, harsh
physical treatment of prisoners by police is probably common,
and attorneys occasionally have been shown bruises and other
marks of violence on detainees' bodies that attorneys believe
could have been caused by police beatings. There is dangerous
overcrowding of the prisons, and stories have appeared in the
local press deploring prison conditions. Prison deaths due to
malnutrition, pneumonia, diarrhea, and gastroenteritis are said
by journalists and lawyers to be common.
d. Arbitrary Arrest, Detention, or Exile
Habeas corpus is part of Sierra Leone common law and generally
observed in practice. It is widely believed in Sierra Leone
legal circles that as a form of harassment persons are picked
up by the police and held for short periods without charge
before being released. Under the Constitution, the President
may take measures to detain any person who is, or is reasonably
suspected to be, dangerous to the well-being of the Republic.
Writs of habeas corpus granted by the court during a state of
emergency would not extend to suspects detained pursuant to an
order under the Public Emergency Act. A state of emergency
must come into force within 28 days after the detention, or a
detainee not charged with an offense must be released. There
is no one currently detained under Public Emergency regulations.
Following violence in the Pujehun district in late 1983, the
army detained from 100 to 150 persons in its efforts to restore
order. While a state of emergency was not declared, some
detainees were held for considerable periods before criminal
charges were filed. In mid-1984, most of those originally
detained were released or charged with various criminal
offenses. However, press reports in 1984 and 1985 have
suggested that between 10 and 20 of those detained ultimately
died of malnutrition while still in prison. Several
individuals originally detained in the Pujehun incident and
charged with serious criminal offenses, including murder, still
have not been brought to trial. While some in legal circles
contend that the complexity of the legal cases and the
overburdened legal system account for the delay, other
observers claim that political pressure from the Government is
responsible for the judicial lethargy.
Exile is not practiced, nor is forced labor.
e. Denial of Fair Public Trial
The judiciary has generally maintained its independence from
the Government, although some critics charge that the legal
system is increasingly subject to political manipulation, often
before cases reach the courts. The 1978 Constitution gives the
President power to retire Judges after age 55. This
controversial provision was used most recently by President
Stevens in mid-November to retire Chief Justice Ebenezer
Livesey Luke. Luke's predecessor was retired by the same
provision. This surprise move against Luke provoked
considerable public criticism, particularly among the local
legal community. Sierra Leone's courts have a reputation for
providing fair public trials. Defendants are allowed counsel
of their choice, and convictions may be appealed. However,
many poor defendants cannot afford counsel, and a public
defender is provided only in capital offense cases. Persons
detained under the Public Emergency Act are not guaranteed a
hearing unless charged with a capital offense. There are no
political prisoners, although informed observers suspect that
some of the individuals sentenced for criminal activity in the
1983 Pujehun incident were originally held for political
reasons .
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Legal safeguards against arbitrary invasion of the home are
generally observed. Rights of the individual are not abused by
the state. Censorship of mail and electronic eavesdropping by
the state on private conversations through wiretaps have not
been reported. Some organizations have claimed that informers
report to the Government on their activities.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
Although freedom of speech is legally guaranteed, this can be
abridged under the Constitution if the proper functioning of
the Government is deemed to be in jeopardy. In practice, the
Government generally tolerates public criticism of individual
citizens, and academic freedom is fully respected. However,
since 1978 no opposition party has been permitted, and there
have been no reports of opposition groups inside Sierra Leone
attempting publicly to criticize the party or Government.
Political propaganda occasionally circulates clandestinely
within the country from opposition groups based in Western
Europe or the United States.
There is in practice considerable press freedom and no prior
press censorship in Sierra Leone. Newspapers report on
sensitive political topics such as misuse of government funds,
bribery, and bureaucratic indiscipline. The Government, in the
person of the President or Minister of Information, regularly
issues press releases stating that there is no press
censorship, but usually adds that critics should be fair and
place events in the context of the development process.
President-elect Joseph Saidu Momoh met the press the day after
his nomination August 2 and, while reaffirming his support for
freedom of the press, warned that press freedom must not lead
to excessive criticism of the country. The Government thus
expects journalists to exercise some self-censorship. Most
editors avoid publishing articles portraying the country in a
critical light or attacking the personality of the head of
state. This approach is embedded in the Newspaper Act of 1983,
which set qualification standards for editors and a fee for
registration of newspapers.
In 1985, two journalists were imprisoned for contempt, and the
editor of an independent newspaper. For Di People, was
imprisoned for over 70 days without charge or due process after
publishing an article on the excesses of the special security
division.
b. Freedom of Peaceful Assembly and Association
The Constitution guarantees the rights of freedom of assembly
and of forming or belonging to trade unions or other economic,
social, or professional associations. However, it places
limits on these rights, most significantly where assembly or
association would conflict with the "proper functioning of the
party" or public order. In practice, freedom of association in
the nonpolitical sphere is respected.
Trade unions normally operate freely and exercise the right to
organize, to negotiate, to strike against employers, and to
join in confederations and affiliate with international
organizations. When trade union activities publicly challenged
government policy in 1981, the Government arrested
approximately 180 union members. Late in 1982, the Labor
Congress was allowed to elect a new executive commmittee. It
is now functioning independently of the Government and most
sectors of the Sierra Leone economy, except agriculture, are
unionized. The Labor Congress is a member of the democratic
International Confederation of Free Trade Unions.
Private associations of citizens can and do make
representations to the Government on policy issues and are not
subject to reprisals.
c. Freedom of Religion
There is a tradition of religious tolerance in Sierra.
Muslims (the most numerous religious group). Christians,
animists and adherents of other faiths practice their religions
freely and publish their religious documents without government
interference. The state is nonsectarian and does not
discriminate on the basis of religious belief.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The only official restriction on travel within the country is
in diamond mining areas and is intended to control smuggling.
There are few regulations restricting foreign travel. Sierra
Leone, a signatory to the UN Convention and Protocol Relating
to the Status of Refugees, is host to approximately 200
refugees, most of whom are students. There have been no
reported incidents of forced repatriation.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President Stevens remained the dominant authority in Sierra
Leone in 1985, although he arranged for his retirement and for
his succession by Major General Joseph Momoh. The Parliament,
at Stevens' behest, amended the Constitution to allow Momoh to
become President without resigning his commission, and in
August the single party, the All Peoples' Congress, under the
control of Stevens, nominated Momoh as president-elect. Since
independence in 1961, the clear trend in political development
has been the increase in executive power and the decrease in
constitutional checks on that power. The Constitution provides
that the leader of the party will be the sole candidate for the
office of President. The unicameral Parliament is subservient
to the executive branch of the Government. Candidates for
Parliament are chosen in each constituency by the party's local
executive committee. The executive committee chooses three
candidates from the list of citizens who seek nomination. The
central committee of the party has the power to disapprove the
nomination of any candidate selected by the local executive
committees if it believes that candidacy would be inimical to
the State. In addition to the national political system, there
is also a traditional system which operates in the provinces
outside of the urban area. Paramount chiefs are elected for
life by the member of the chiefdom council. They have
considerable authority in local affairs and in resolving
traditional disputes.
There is universal suffrage, and no groups are precluded from
voting because of gender, tribe, race, or religion.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In 1985, members of the Sierra Leone Bar Association formed a
society for the preservation of human rights. The Government
did not interfere with the effort nor with the inaugural
seminar held July 12 and attended by members of Parliament,
judges, medical doctors, academics, civil servants, trade
unionists and the media. Local chapters of Amnesty
International exist. Amnesty International in its 1985 report
expressed concern about reports of ill-treatment of prisoners,
in some cases said to have resulted in death. Freedom House
terms Sierra Leone "partly free" .
ECONOMIC, SOCIAL, AND CULTURAL SITUATION
Sierra Leone is a nation of almost 3.9 million with a per
capita gross domestic product (GDP) of $330 a year (1983
figure). From 1970 to 1982, its population growth rate of 2.6
percent per annum exceeded GDP growth, which averaged 2.0 per
year. About 70 percent of the population is involved in
agriculture, primarily at the subsistence level. Sierra Leone
has relied upon the mining sector in general and diamonds in
particular for its economic base.
Since 1981, the economic situation has worsened due to
depletion of alluvial diamond deposits, rising fuel import
bills, and declining world prices for mineral and agricultural
exports. Government economic policy and mismanagement have
also contributed to the situation as budget deficits have led
to high inflation (about 70 percent in 1984). The chronic
overvaluation of the leone, despite a major devaluation in
February 1985, has accelerated and with it, corruption,
smuggling, and black market activities. Low rates of domestic
savings and investment have left the country heavily dependent
on external assistance for development efforts.
Life expectancy at birth is only 38.5 years (1^85 figure) and
the infant mortality rate is 195 per 1000 livfe births. Calorie
supply as a percent of basic requirements was estimated in 1977
at 83 percent. Adult literacy is estimated at 15 percent.
Primary school enrollment was estimated at 53.1 percent by a
1980 estimate. Access to education for women remains more
limited than it is for men. For example, from the group of
primary school age girls, only 37 percent are enrolled in
primary school; yet this figure indicates that gradual
improvement has been made since independence.
There is no minimum age for the employment of children. The
work week is defined as 7 hours for 5 weekdays plus 3 1/2 hours
on Saturday. There is an established code outlining acceptable
conditions of work, but in actual practice in the very limited
manufacturing sector of Sierra Leone, maintenance of machinery,
safety procedures, and sanitary conditions probably does not
conform to the code.
Women in Sierra Leone are guaranteed ec[ual rights by the
Constitution, but their status varies substantially in
different parts of the country and depends upon the cultural
values of various tribal groups. In some areas of Sierra Leone
women have been elected to the prestigious position of
paramount chief. In the modern sector, women are prominent in
some professions, and one woman is a Supreme Court Justice.
The political sphere continues to be male-dominated.
