Country Report on Human Rights Practices for 1992
SIERRA LEONE
On April 29, 1992, a military coup led by Captain Valentine Strasser and a small
cadre of soldiers from the Sierra Leone-Liberia war front ended the government of
President Joseph Momoh. President Momoh's All Peoples' Congress (APC) party had
held power since 1978. Under the decrees of the new National Provisional Ruling
Council (NPRC), government policy is directed by the Supreme CouncU of State
(SCS) which consists of Captain Strasser and his immediate NPRC military supporters.
Captain Strasser serves as Chairman of the NPRC and Chief of State.
There is only one civilian member of the SCS. All government functions, including
the military and police, are under the direction of the SCS and NPRC. Although the
NPRC declared itself in favor of free, multiparty elections, none were scheduled, nor
were political parties allowed to form.
The Republic of Sierra Leone Military Forces (RSLMF) are engaged in the Sierra
Leone-Liberia border war against the National Patriotic Front of Liberia (NPFL)
and, increasingly, with rebel Sierra Leonean forces. Althou^ the April 29 coup was
in part motivated by dissatisfaction among frontline troops (including Strasser), and
the NPRC set as its primary objective bringing the war to an end, only limited
progress was made toward achieving that goal. Total military expenditures for 1989,
the last year for which the U.S. Arais Control and Disarmament Agency conducted
a detailed analysis, were roughly estimated to be $5.5 million. As a result of the
March 1991 NPFL incursion, the ongoing conflict with dissident rebel forces, and
Sierra Leonean participation in the regional peacekeeping force in Liberia, there is
no indication that efforts will be made to reduce military expenditures in the near
future. While official information was sparse both preceding and following the April
29 coup, and few observers were allowed to journey to the front, there continued
to be reports of human ri^ts abuses on all sides, including summary executions
and torture.
Over 70 percent of Sierra Leone's 4.3 million population is involved in some aspect
of agriculture, mainly subsistence farming. Although the country is rich in minerals,
including titanium-bearing rutile, gold, and diamonds, official receipts from legal exports
of gold and diamonds have decreased over recent years; significant portions
of these resources depart the country outside legal and authorized channels. The potentially
lucrative fishing industry brought few public benefits, and tourism declined.
Under both the APC and the NPRC, the Government has adhered to a structural
adjustment program which was backed by the International Monetary Fund
and which has raised revenue from diamond exports and customs duties levied on
imports.
Although the 1991 Constitution contained provisions for basic human rights and
held a promise for democratic government, little real progress was made under
Momoh's one-party government. In preparation for multiparty elections promised for
late 1992, more than half a dozen political parties attempted to oi^anize; all of them
complained of harassment and threats from the APC government. The APC attempted
to stifle criticism, and little progress was made in freedom of speech and
press. The same 1991 Constitution technically remains in force under the NPRC,
but its status has been further clouded by a series of decrees and public notices.
These undermined such basic rights as freedom of speech, freedom of assembly, freedom
of the press, freedom from arrest without charge, and the right to a speedy
trial. Political parties have been banned. At the end of the year, 29 people accused
of coup plotting were executed.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killing.
During the last week of 1992, an estimated
29 persons, both civilian and military, were summarily executed by military
firing squads. They were accused of participating in a failed coup. While some were
triea in secret by a military tribunal, all were executed without right of appeal and
probably without due process of law.
In the aftermath of the April coup, there were reports of summaiy executions of
alleged looters. Eyewitnesses have reported at least one case of a motorist being
beaten, possibly to death, by traffic police. Army personnel stood by while the motorist
was being beaten. Thirty-seven people were killed in the aftermath of the April
coup, mostly through random violence. (See Section l.g. for reports of otner
extrajudicial killings.)
b. Disappearance.
^Reports of the disappearance of captured suspected NPFL
rebels continued. The NFRC government denies these and insists that it is implementing
an amnesty program for civilians and rebels returning from disputed territories.
Although several hundred "rebels" were reported to have surrendered shortly
after the NPRC takeover, there have been few reports of additional surrenders. Michael
O'Neill, a relief worker, was kidnaped by rebel forces in Koidu on October 24
and released on November 29.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
Although the 1991 Constitution prohibits torture, there were reports of police mistreatment
of suspects during interrogation and arrest. Military personnel sometimes
physically abused civilians, including clergy. Officials responsible for such abuse
were not punished by the Government, although one official was removed from his
post, (See Section l.g. for reports of mistreatment of civilians by the RSLMF and
WFL.)
Prison conditions remained poor. Detainee cells often lack beds or toilet facilities.
Overcrowding is the norm, and Freetown's Pademba Road Prison, which was built
to accommodate several hundred, holds more than 600 inmates. Deaths in prison
due to malnutrition and inadequate medical attention are common. The NPRC issued
instructions for humane treatment, including medical care, of the detainees
from the April coup. These instructions have been followed.
d. Arbitrary Arrest, Detention, or Exile
The 1991 Constitution sets 10 days as
the maximum period of permissible detention without charge to investigate complaints
in cases of capital offenses, offenses carrying life imprisonment, or economic
or environmental offenses. Other offenses carry a maximum detention period of 72
hours. This has seldom been observed in practice. Foreigners are often released but
may not depart the country. The laws provide that detainees must have access to
legal counsel, families, and medical care, but authorities do not always respect these
provisions unless detainees can afford legal counsel to demand compliance.
The NPRC has held 50 former senior APC government officials in jail without
charge since the coup. Some other civilians. Including relatives of former APC officials,
remain In detention without charge or trial. In November and December, 27
people were detained for alleged subversion. Press reports indicate that they were
arrested for suspected activities "not in the interests of the State." Some In each
group were among those executed on December 29 (see Section l.a.).
Fifteen survivors out of 60 Llberians detained since 1989 for rebel activity were
released by the NPRC immediately aft,er the April 29 coup. The others died in detention.
Soldiers commonly arrest or detain civilians without charge. Relatives are
not formally notified, but the authorities generally respond to inquiries. Two foreign
diamond dealers were detained and beaten on suspicion of diamond smuggling.
The Government provides legal representation for the Indigent only in cases of
capital offenses. Lack of counsel in other cases frequently leads to abuse. Many indif[
ent detainees are ignorant of their rights and assume, sometimes correctly, that
aw enforcement or judicial authorities will be paid by the accuser to rule against
them. The Society for the Protection of Human Rights provides free legal counsel
to some indigent detainees.
Police and security agencies may recommend to the President or Chief of State
that a person be detained Indefinitely on suspicion of threatening national security.
Under NPRC decree, any police officer or any member of the armed forces, with approval
of the Council, may arrest without warrant any person whom he suspects has
acted or is about to act in a manner prejudicial to public safety or to public order.
After an initial 24-hour detention, the person may remain in detention based on
written permission from the NPRC. By decree, the NPRC may direct that any person
be detained without judicial review where it considers such detention in the interest
of public safety or public order. Thus, there are inadequate safeguards
against arbitrary or unjust detentions and no provisions for their formal review.
e. Denial of Fair Public Trial
Sierra Leone has two judicial systems: the regular
courts and the local or traditional courts. The regular court system reflects British
influence and consists of the Supreme Court, an intermediate Court of Appeals, a
High Court of Magistrates, and Magistrates' Courts. There are criminal and civil
courts. Defendants are allowed to choose counsel, but many persons cannot afford
legal representation. Decisions by lower courts may be appealed. Indigenous ethnic
leaders preside over the local courts and administer tribal law, particularly in manyfamily matters. The local courts are often the only legal institution in rural areas.
In December the NPRC issued Decree No. 12, establishing a military tribunal which
may try both militaiy and civilians for serious crimes (including treason, murder,
manslaughter, and aggravated robbery). The tribunal's decision may not be appealed,
and punishment may include the death penalty. The Government claims
that this tribunal tried and sentenced those executed on December 29.
The courts frequently grant attorneys' requests for adjournment or postponement;
there are delays of up to 2 years in bringing cases to trial. The NPRC nas appointed
commissions of inquiiy to mvestigate corruption. Tlie commissions have been slow
and generally inefficient. They have not so lar led to any civilian chaises. Hearings
of the commissions are public.
While the 1991 Constitution included provisions to strengthen the judiciary's
independence from political manipulation, under both the Momoh Government and
the NPRC the judiciary remained responsive to political influence and manipulation.
f. Arbitrary Interference with Privacy, FamUy, Home, or Correspondence.—The
1991 Constitution prohibits arbitrary invasion of the home; however, in security
cases, authorities are empowered to enter homes without a search warrant. NPRC
decrees which prohibit persons from orally or otherwise attempting to influence public
opinion in a manner deemed prejudicial to public safety or tranquility could
apply also to actions or conversation within homes. To prevent a person from acting
in a manner prejudicial to public safety, there are NPRC decrees which state that
the Council may issue an order prohibiting or restricting the possession or use by
the person of any speciiic articles. The Council also may impose on a person detention
or restrictions regarding his employment or business, his association or communication
with other persons, and his activities relating to the dissemination of news
or the propagation of opinion.
Persons are prohibited from hoarding essential commodities. The NPRC can requisition
from individuals foodstuffs, vehicles, and goods with compensation determined
by the NPRC. Similarly, the NPRC may require persons or businesses to
store and transport goods and may also estabH^ the prices charged. Senior police
and military officers may enter and search (without a warrant) any premises, or
stop and search any vehicle, and stop and question any person.
Under NPRC decrees the Government has the right to interfere with correspondence
and may censor letters and telegrams. There are reports of censorship of private
mail.
There have been numerous occasions of abusive treatment of ordinary citizens by
soldiers, including forced entry into homes, robberies, and assaults. The NPRC
formed a military tribunal to deal with such crimes, but actual punishment of offending
soldiers has been sporadic. Several, however, are under death sentences for
the most serious crimes. In addition, immediately after the coup, Freetown citizens
were forcibly impressed into service to clean city streets.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts.—
Conflict in Sierra Leone's Eastern and Southern Provinces along the Liberian
border continued as RSLMF forces fought Liberian (NPFL) incursions as well
as rebel forces. This resulted in human rights violations on all sides, and an unknown
number of deaths. Civilians in the areas of conflict were forced to flee.
Youths aged 12 to 15 are believed to be impressed into fighting by the rebels.
(jovemment forces took severe action against suspected rebels and their supporters;
there are several credible reports of summary executions of prisoners. Public
humiliation of captives, including disfigurement, beating, or parading them naked
are not uncommon actions. Display of human skulls on military vehicles in the interior
is not uncommon; religious leaders have called on the Government to stop the
display of rebel heads (and other body parts) and to halt executions of rebels without
trial.
Rebel troops too have targeted civilians. One report indicates that rebel forces beheaded
two traditional chiefs. A credible source reported that rebels burned the
town of Tawahun and may have killed up to 200 civilians.
Government and rebel forces have harassed relief workers and stolen their vehicles,
making food distribution efforts to displaced persons very difficult.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
Freedom of speech is provided by the Constitution,
but the Giovemment legally may abridge freedom of expression if it deems national
security to be endangered. The NPRC, like the APC, severely restricted this
freedom. By decree, the NPRC prohibits attempts to influence public opinion in a
manner likely to be prejudicial to public safety, public tranquility, public order, or
the maintenance of supplies and services essential to the community. Criticizing
government leaders or offending the dignity of tiie state are criminal offenses.
The NPRC also may prevent or restrict the publication of material which it believes
to be prejudicial, including newspapers, documents, and photographs. Publishing
a report or statement which is likely to cause alarm or despondency or to be
prejudicial to public safety, public tranquility, and public order is also an offense
and subject to fine and/or imprisonment. The Government describes this and similar
measures as "emergency powers" necessitated by the war in the eastern part of the
country. The Government has not used this authority but regularly calls for "responsible
journalism" (i.e., journalism which does not undermine the NPRC). Editors
have been detained for one or more nights because of perceived offensive reporting.
There are more than a dozen active newspapers, only one of which is controlled
directly by the Government. The APC and former president Momoh were intolerant
of criticism and subjected nonsupportive publications and journalists to harassment
concerning licensing as well as occasional charges of libel. Four papers were banned
by the APC for being improperly registered. A foreign journalist was detained briefly
while attempting to cover the war. As a result, journalists practiced self-censorship.
The NPRC practices restrictions similar to those of the previous government. One
paper was banned for 2 weeks for publishing an article about the arrival of Russian
war materiel. Two editors were imprisoned; one was subsequently released, and the
second has remained in prison (with a 1-week break) since April. In both cases they
were accused of "seditious libel." Under the NPRC, editors who published articles
displeasing to the NPRC were summoned to State House to receive veiled warnings
and some were publicly castigated. In September a lieutenant at a checkpoint 38
miles from Freetown detained a schoolboy for 2 days because the adolescent had
been carrying an article the lieutenant deemed "seditious." Given these circumstances,
editors under the NPRC continued to exercise self-censorship.
The more functional of the country's two radio stations is government controlled
and only reflects the views of the Government. There is no television.
b. Freedom of Peaceful Assembly and Association
The 1991 Constitution provides
for freedom of assembly as well as the right to form economic, social, and professional
organizations. Before the coup, a number of political parties had been
formed but were harassed by the Government. The APC banned rallies. All political
parties were banned by the NPRC. Gatherings in support of the NPRC continue;
there have been no attempts to demonstrate against the NPRC. Under
antidisturbance legislation, the NPRC may grant broad powers of arrest to public,
military, or other authorized persons in any area or situation in which, in its opinion,
there is or is likely to be difficulty in preserving "public safety" and "order" (see
Section l.d.).
c. Freedom of Religion
Freedom of religion is guaranteed by the 1991 Constitution,
and historically Sierra Leoneans have displayed religious tolerance. Muslims
(the largest religious group). Christians, animists, and adherents of other faiths
practice their beliefs freely; they can publish and distribute religious materials and
conduct religious education without government interference. Sierra Leoneans are
free to choose their religious affiliation, and conversions are not restricted except by
family or community pressure. Althou^ most clergy are indigenous, foreign missionaries
are active.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
There are no legal restrictions on travel within the country; however,
military and paramilitaiy checkpoints can delay travel and requests from soldiers
for money, transport, or goods are not unusual. Sierra Leoneans seeking to travel
outside the country must present an NPRC exit authorization which includes proof
of payment of taxes. There are no restrictions on emigration or repatriation. The
former government expelled, without due process, two foreigners who were longterm
residents of Sierra Leone. One was accused of diamond smuggling; the other
had made public statements which angered the Government.
Sierra Leone continues to be host to about 7,600 Liberian refugees. Continuing
conflict in the primarily agricultural eastern and southern provinces displaced an
estimated 200,000 Sierra Leoneans, placed a severe strain on the local economy, and
in particular, reduced food production. The United Nations High Commissioner for
Refugees (UNHCR) provides relief aid to 5,600 refugees at the Waterloo Refugee
Camp near Freetown. Refugees are not forced by the Government to return to countries
in which they fear persecution. However, many leave Sierra Leone either because
of fighting along the Sierra Leone-Liberia border or because they fear being
considered rebel sympathizers. Many refugees relocate to areas in Guinea or Liberia,
where their own ethnic groups traditionally have lived.Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
While the 1991 Constitution provides for the right to change the Government
through direct elections of the President and Parliament by secret ballot, citizens
were not able to exercise this right. President Momoh and the APC had promised
elections by the autumn of 1992 but did not hold them before the April 29 coup.
Momoh and the APC allowed political parties to form but banned all political rallies
and harassed opponents, making effective organization almost impossible. In one
case, a government worker who publicly supported an opposition party was lired
from his job.
The NPRC has stated that the country will be returned to civilian rule and appointed
a committee for this purpose on December 8. However, no time frame has
been specified, parties are banned, and the Government says it must end the border
flghting before holding elections. Senior government officials are appointed by the
NPRC.
A traditional system of local government operates in provincial areas but has been
severely restricted by both the APC and the NPRC. Paramount chiefs are elected
for life by members of the local chiefdom councils; some paramount chiefs wield considerable
authority in local issues. Several women have been elected paramount
chief. There are no women in senior government positions.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations ofHuman Rights
The Government allows visits by intemationeil human rights organizations. The
International Committee of the Red Cross has visited former APC government officials
detained in prison.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
Discrimination occurs, although it is not officially sanctioned. Tribal loyalties remain
important factors in government, military, and business actions. The Momoh
government was accused of special consideration for persons of Limba descent
(Momoh's ethnic group). The NPRC is heavily Mende, and a majority of appointees
are colleagues from the same ethnic group. Complaints of favoritism in government
appointments and contracts, military conmiissions, and promotions based on ethnic
background, poUtical affiliation, nepotism, and graft were common during the
Momoh Government.
There have been similar complaints about the ethnic character of NPRC appointments.
Citizens of non-African descent face political restrictions; for example, citizens of
Lebanese origin may hold Sierra Leonean passports but may not run for Parliament
(presently disbanded). Lebanese Christian residents of one city accused NPRC officials
and RSLMF officers of supporting efforts to drive them from their homes and
businesses in favor of the Lebanese Shi'a community. Citizens of non-African descent
often are scapegoats for the country's economic difficulties, and the resident
Indian and Lebanese communities experience harassment (see Section l.d.).
Women in Sierra Leone are provided equal rights by the Constitution and are represented
in many occupations. Laws on inheritance and marriage, however, are discriminatory.
The status of women varies widely in different parts of the country and
depends heavily on the traditions of their ethnic group. In practice, women do not
have equal access to education, economic opportunities, health facilities, or social
freedoms. The average schooling level for women is maikedly below that of males
(a 1991 U.N. study showed that they receive one-fourth the schooling of males, and
only 6 percent of women are literate). At the university level, men predominate.
There is at least one recently formed women's rights group.
Violence against women, especially wife beating, is common. The police are unlikely
to intervene in domestic disputes except in cases of severe injury or death.
Few cases of violence against women come to court. The issue receives no government
attention. In a mid-year incident, a prominent non-NPRC government employee
was abducted, beaten, and raped. She claimed the attackers were prominent
members of the armed forces and civilian government officials. The (jovemment has
not taken meaningful judicial action nor made arrests. Female genital mutilation
(circumcision) is legal and widely practiced, especially in traditional tribal groups
and among the less educated. According to an independent expert in the field, the
percentage of Sierra Leonean women who have undei;gone this procedure may be
as high as 80 percent. Ritual murders of young girls have been reported.
Section 6. Worker Rights
a. The Right of Association
The 1991 Constitution provides for the right of association,
ana all workers, including civil servants, have the right to join trade unions
of their choice. Unions are independent of the Government. Individual labor unions
have by custom joined the Sierra Leone Labor Congress (SLLC), and all unions are
members of SLLC. Membership is, however, voluntary. There is no legal prohibition
against the SLLC leadership holding political ofiice, and leaders have also held
ouier government appointed positions. Under the Trade Union Act, any five persons
may form a trade union by applying to the Registrar of Trade Unions, who has statutory
powers under the Act to approve the creation of trade unions. Applications
for approval by the Registrar may be rejected for several reasons including an insufficient
number of members, proposed representation in an industry already served
by an existing union, or incomplete documentation. K the Registrar rejects an application,
his decision may be appealed in the ordinary courts, but such action is seldom
taken. In March, the International Labor Organization's (ILO) Committee on
Freedom of Association regretted that the APC government had not responded to
charges that it had interfered in the union elections in the Sierra Leone Teachers'
Union in 1990. The Committee asked the Government to reinstate the union's executive
committee, which had been ousted by the Government's actions.
Approximately 60 percent of workers in urban areas, including government employees,
are unionized, but unions have had little success in organizing workers in
the large agricultural and mining sectors.
Unions have the right to strike without exception, but the Government can re-
3uire 21 days notice. In early 1992, both school teachers and nurses staged strikes
emanding payment of back wages and salary increases. The role of unions and the
right to strike have not been tested under the NPRC. NPRC decrees which prohibit
disruption of public tranquility or disruption of supplies raise doubts whether serious
union activity or a stnke would be tolerated.
Unions are free to form federations and confederations and affiliate internationally.
iTie SLLC is a member of the International Confederation of Free Trade
Unions, and there are no restrictions on the international travel or contacts of trade
unionists.
b. The Right to Organize and Bargain Collectively
The legal framework for collective
bargaining is the Regulation of Wages and Industrial Relations Act. Collective
bargaining must take place in trade group negotiating councils, each of which
is comprised oT an eaual number of employer and worker representatives. Most enterprises
are coverea by collective bargaining agreements on wages and working
conditions. The SLLC provides assistance to unions in preparing for negotiations.
In case of a deadlock, the Government may intervene.
The law prohibits any discrimination against union members. Complaints of discrimination
against unions are made to the Industrial Court for Arbitration. Individual
trade unions investigate alleged violations of work conditions and ensure that
employers take the necessary steps to correct abuses.
There are no export processing zones in Sierra Leone.
c. Prohibition of Forced or Compulsory Labor
Under the Chiefdom's Council Act,
compulsory labor may be imposed by individual chiefs, requiring members of their
villages to contribute to the improvement of common areas. There is no penalty for
noncompliance. This practice exists only in the rural areas. The ILO's Committee
of Experts' annual report repeated its earlier request to the Government that it
amend provisions of this Act which violate ILO Convention 29 on Forced Labor.
Although the NPRC does not reauire compulsory labor, a decree requires that
homeowners, businessmen, and vendors clean and maintain their premises. Failure
to comply is punishable by fine and/or imprisonment. Determinations of such cleaning
and maintenance mav be made by any health ofiicer, police officer, or member
of the armed forces. The last Saturday of every month is declared a National Cleaning
Day throughout Sierra Leone. Military personnel have been zealous in their enforcement
of National Cleaning Day, and there were incidents of public humiliation,
beating, and forced labor to ensure compliance.
d. Minimum Age for Employment of Children
The minimum age for employment
is officially 18 years, but in practice there is no enforcement, because there is no
government entity specifically charged with this task. Children routinely assist in
small family businesses, especially those of vendors and petty traders. In rural
areas children work at early ages seasonally on family subsistence farms. Because
the adult unemployment rate is high (60 percent in some areas), few children are
involved in the industrial sector. There have been reports that young Sierra
Leonean children have been hired by foreign employers to woric as domestics overseas
at extremely low wages and in appalling conditions. Although the Government
indicated it would investigate the situation, there have been no fiirther reports or
findings.
e. Acceptable Conditions of Work
There is no legislated minimum wage. Purchasing
power continued to decline in 1992, and most workers have to pool mcomes
with their extended families and engage in subsistence food production in order to
maintain a minimum standard of living. The Government s suggested standard
workweek is 38 hours, but this is not mandated, and most workweeks exceed 38
hours.
Within the Department of Labor, there is an inactive Health and Safety Division.
Health and safety regulations are included in collective bargaining agreements negotiated
by trade unions, but there is no evidence of ^stematic enforcement of these
safety standards. TVade unions provide the onlv protection for workers who file complaints
about working conditions. Initially, the unions make a formal complaint
about a hazardous woik condition. If this is rejected, the unions can issue a 21-day
strike notice.
