A/HRC/4/96
page 11
developing countries. Less than 50 per cent of the population has access to safe drinking
water. The lack of access to health care has created a window of opportunity for the
proliferation of quack doctors. The Government continued the implementation of its policy of
providing antiretroviral drugs free of charge to persons living with HIV/AIDS, which is to be
welcomed.
28.
Even though there was a reported increase in the number of registered pupils, the
educational system continues to encounter numerous problems; inadequate classrooms, shortage
of didactic materials and a high drop-out rate of female students due to teenage pregnancy.
Overcrowded classrooms and the late payment of subsidies by the State were some of the
pressing issues. In Bombali District for example, some schools only received subsidies for
the 2005/2006 school year in August 2006 at the end of the academic year.
G. The justice sector
29.
In its final report, the TRC identified the weakness of the justice sector as one of the
underlying causes of the civil war and advanced a number of recommendations including legal
and legislative reform. In 2006 additional magistrates have been recruited, trained and deployed,
with the support of United Nations Development Programme (UNDP). With the exception of
Pujehun District, each district now has a resident Magistrate. A new Registry has been
established in Makeni, Northern Province, which now enables cases for the High Court and
appeals emanating from the Magistrate Courts to be filed in Makeni instead of Freetown.
Notwithstanding these developments, delays in trials and prolonged pretrial detentions still
continue to hinder justice delivery. The Government should strengthen, in an integrated manner,
the institutional capacity of justice institutions.
30.
Courts are still largely ill-equipped in resources. Over 80 per cent of the population has
access to customary law only, which is largely unwritten, male-dominated and discriminatory
against, or even harmful to, women and children. The Justice Sector Development Programme
(JSDP) sponsored by the Department of Foreign International Development (DFID) launched a
project with a view to supporting the reform of customary law and its integration into the
formal legal system. JSDP also funded mobile sittings of the Magistrate Court in different
locations in Moyamba District to bring justice closer to the people and to address the problem of
access to justice or lack thereof. Government should support such interventions and ensure
that human rights, in particular the rights of women, are protected under customary law and
practices.
31.
The Ministry of Justice remains an obstacle in the transmission of bills drafted by the
Law Reform Commission. At the end of 2006, 20 bills drafted by the Commission, including
the furtherance of the implementation of CEDAW, remained with the Ministry of Justice.
Parliament in July 2006 passed the Sierra Leone Citizenship (Amendment) Act to amend the
Sierra Leone Citizenship Act so as to grant the right of dual citizenship and to tap the investment
potential of Sierra Leoneans who acquire citizenship of another country. The amendment also
removed the situation whereby a person cannot obtain citizenship by birth directly from the
mother, a source of discrimination against women which is contrary to the principles of
the 1991 Constitution.
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