A/HRC/16/78
23.
Access to the formal justice system is limited, especially in rural areas where a large
part of the population resorts to Sierra Leone’s 302 local courts and the traditional justice
system. Local courts apply customary law and operate under the Ministry of Internal
Affairs and Local Government. Currently, there are only 3 customary law officers charged
with reviewing all local court decisions to ensure that there have been no errors in law or
miscarriages of justice. This situation is made even more serious by the inadequate
infrastructure, such as a shortage of court houses, dilapidated court premises, and the
absence of a court database system to ensure vital case tracking.
24.
Local court staff are also in crucial need of ongoing training. The independence of
local court chairpersons to decide matters put before them impartially – without restriction,
improper influence, inducements or pressure – has been questioned as the lack of tenure
security is perceived as affecting decision making. There are also concerns that paramount
chiefs, tribal heads and other traditional leaders continue to adjudicate in courts which do
not meet the basic principles on independence of the judiciary nor observe due process
guarantees. In addition, customary laws discriminate against women and undermine their
general empowerment and access to justice, especially in rural communities. The
codification of laws used by local courts, as well as their jurisdiction needs to be addressed
and determined.
25.
In the area of juvenile justice, challenges remain despite the enactment of the Child
Rights Act (2007). There is only one Juvenile Court in the country, which is based in
Freetown. In the whole country, there are just two remand homes and one approved
school.1 Juveniles frequently share prison cells with adults.
5.
Freedom of thought, conscience and religion
26.
A high level of religious tolerance has been enjoyed at the national level between
Muslims, who constitute about 55 per cent of the population, and Christians. Christian and
Muslim leaders meet regularly as an Inter-religious Council and use this forum for
promoting religious tolerance and peace. Official meetings and events normally commence
by a recital of Muslim and Christian prayers.
6.
Human rights defenders and freedom of expression
27.
There have been a number of incidents in which human rights defenders have been
intimidated and harassed. The Chairs of the District Human Rights Committees in a number
of districts were targeted. One chairman was detained by the Police and threatened with
prosecution for treason for leading a peaceful protest in front of the President’s residence to
draw the President’s attention to the increasing number of incidents of sexual and genderbased violence in the district. Another municipality banned the Chairman of the District
Human Rights Committee from holding any public office in the district, because his
practice of consistently raising human rights issues was not welcome. A Paramount Chief
was reported to have humiliated and intimidated a human rights defender for sensitizing
residents against forced labour, which the Chief was allegedly imposing on youths in his
chiefdom.
28.
Citizens of Sierra Leone generally enjoy the right of freedom of expression and
information. Sierra Leone Broadcasting Cooperation, an independent broadcasting body,
was officially launched by the Secretary-General in June 2010. In September 2010, the
1
Remand homes are facilities that accommodate juveniles on trial. If convicted, juveniles serve their
sentence in approved schools..
7
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