A/HRC/13/28
Following the recommendation of the Truth and Reconciliation Commission, a war victims
trust fund was launched in December to establish a sustainable funding mechanism for the
implementation of the reparations programme. Currently, however, there are not sufficient
funds to implement the programme effectively. Under the leadership of the Executive
Representative of the Secretary-General, the United Nations Family has identified the
reparations programme as a priority area for support. A multi-donor trust fund has been
established to attract funds for the implementation of the programmes outlined in the Joint
Vision document (see paragraph 26 above), including the reparations programme.
IV. Human rights activities of the Human Rights Section
A.
Human rights monitoring
45.
The Human Rights Section, in close collaboration with civil society organizations
and the Human Rights Commission, carried out regular monitoring of human rights
throughout the country. Continuous monitoring allows any necessary adjustment to
technical cooperation and capacity-building projects to be made to ensure effectiveness in
the light of changing circumstances. Priority areas were health, education, child labour,
sexual and gender-based violence, prison and detention facilities, local courts and the rights
of women and children, among others. The Human Rights Section also engaged relevant
authorities at different levels to address the issues identified through monitoring activities.
46.
The human rights aspect of the chieftaincy election conducted in November and
December in 40 chiefdoms was also monitored. The electoral commission was involved in
the conduct of elections under the new Chieftaincy Act 2009; the electoral process was
found to be relatively fair. However, some cases of discrimination resulting from customs
and traditions of particular communities were reported. For example, in Gbampi
Kamaranka chiefdom, in Bombali, a woman was harassed and barred from competing for
the position of paramount chief. Similarly, a woman aspiring to the position of paramount
chief in Kono district saw her candidacy denied and the High Court upheld the decision of
the Provincial Secretary. In Kailahun district, Kissi-Teng chiefdom, a woman was denied
the right to run for the position of paramount chief by the Provincial Secretary, despite the
fact that she had been officially declared a candidate.
47.
The Human Rights Section carried out extensive monitoring of local courts
throughout the country from August to October 2009, during which time more than 100
local courts were visited and information collected. While preparation of the final report is
under way, preliminary findings revealed that there were serious human rights issues
associated with the functioning of local courts. Since local courts apply customary laws,
there was inconsistency in procedures and decisions. Cases of exorbitant fines, arbitrary
detention, the exercise of power beyond one’s jurisdiction and undue influence of
traditional authorities on matters under consideration by local courts were rampant. Poor
infrastructure negatively affected the effective functioning of courts, and the lack of regular
supervision fostered corrupt practices. The low level of education on human rights issues
and the lack of capacity of local court officials remained a concern.
48.
Magistrate courts that included justices of the peace were also regularly visited.
Justices of the peace complained that they had not been paid their sitting fees for a long
time. For example, in November, during a visit to Tonkolili, one justice of the peace
complained that he had not received sitting fees for the previous year. Magistrates in
Freetown were found to be overloaded with cases, and the rights of suspects were violated
owing to a lack of resident magistrates in many districts.
12
GE.10-10771
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