Sierra Leone
Women face human rights abuses in the informal legal sector
IntroductionWomen in
rural Sierra Leone(1) have few protections from discrimination and other human
rights violations and abuses. They face formal and official discrimination under
the law, in customs and in rulings in matters of personal status, marriage and
inheritance. Although there is a system within the formal sector through the
Local Courts which officially adjudicates on these matters, Chiefs often perform
these judicial functions illegally. Amnesty International has found that not
only do Chiefs act outside their jurisdiction, at times they collude with men in
the community to forcibly evict women and children from their homes or subject
them to arbitrary detention and other forms of gender based
violence.
Women are forced by a lack of formal protection from the Sierra
Leonean Government into situations where their rights---civil, political, social
and economic---are violated on a daily basis. Treated as minors under the
guardianship of a male family member, women lack formal equality in marriage and
the ownership or administration of common property, either during the marriage
or when it has ended. Inequality and discrimination affect their right to an
adequate standard of living and their right to housing for themselves and their
children. Women’s access to justice and redress is severely impeded. Practices
that take place in the name of custom or customary law also violate women’s
human rights to live free from violence, coercion and
discrimination.
Identifying where responsibility for this problem lies is
complex. Formal and customary law coexist in Sierra Leone. Formal law comprises
of the Constitution, laws made by Parliament, and common law. Customary law,
part of common law, is largely unwritten and defined in the Constitution as
“"the rules of law which by custom are applicable to particular communities in
Sierra Leone.”"(2) The Constitution guarantees equality before the law and
prohibits laws which are discriminatory. However, there is a constitutional
provision which severely limits the scope of this guarantee in areas which
impact upon women such as in adoption, marriage, divorce, inheritance and
property. Likewise the manner in which customary law is adjudicated is a
co-existence of formal and informal justice systems. The formal justice system
is regulated, with Local Courts intending to be the first point of call for
communities or individuals seeking justice. Paramount and local Chiefs also
preside informally, and in some instances illegally, in the informal legal
sector. The boundary of jurisdiction between Chiefs and Local Courts with regard
to customary law is not well understood amongst the rural population, Local
Court officials and Chiefs themselves.
Despite this complexity however,
some things are clear. Local Courts are the only institution permitted to
adjudicate in matters of customary law. This is not a recent development – with
the creation of the Courts Act, 1963, Local Court chairman officially took over
this function from Chiefs. However, practice has not followed Sierra Leonean
law. Chiefs continue to adjudicate on these matters informally -- and illegally.
Not only is it illegal for Chiefs to adjudicate on these matters, but the cases
handled by Chiefs lack the same protections for redress provided for by the
formal legal sector—through the Local Courts.
Not all is negative,
however. There are some new initiatives which look promising in the search for
justice for women. Paralegal and legal aid organizations based in rural Sierra
Leone provide women with free legal advice, mediation between family members and
within the community, and awareness raising workshops on women’s human rights
issues with members of the local community and local government. Amnesty
International has found that in general, rural women were empowered by this
assistance and believed these services to be effective in resolving their
disputes. Through these legal aid interventions, women became aware of their
rights under the law, learned how to challenge or appeal rulings they felt were
unjust or unfair, and became aware of other services available to them in the
community
.
Chapter I – Customary Law: the formal and
informal sectorAmnesty International found on a recent
research mission to Sierra Leone (October 2005) that Local Court officials,
Chiefs, community members, including women, lacked clarity with regard to which
sector, formal or informal, adjudicated on matters related to customary law.
This lack of clarity impacted on women’s access to justice and was a primary
obstacle with regard to the protection of women’s human rights.
a.
Formal sector and customary law The Sierra Leone Constitution
recognizes both formal and customary law. Additionally, formal and informal
legal sectors exist, both of which adjudicate on matters related to customary
law. The formal laws of Sierra Leone comprise the Constitution, laws made by
Parliament, and the common law. The common law includes English common law and
customary law. The judiciary is headed by a Chief Justice and is composed of
superior courts of jurisdiction – the Supreme Court, Appeals Court and High
Courts, and inferior courts - the Magistrates Courts, which adjudicate in
criminal and civil cases under statutory and English common law.
Common
law applies throughout Sierra Leone except for the capital, Freetown, where only
English common law is applicable. According to the 1991 Sierra Leonean
Constitution, should customary law conflict with common law, common law will
take precedence. The 1991 Constitution protects equality before the law and
equal protection of the law, by prohibiting the making of any law which is
discriminatory “"either in itself or in its effect”".
However, this
guarantee does not cover “"adoption, marriage, divorce, burial, devolution of
property on death or other interests of personal law.”"(3) These areas are often
regulated by customary law. This means that discriminatory laws on such matters
that have a particular impact upon women are
not necessarily unlawful
under the Constitution. This loophole or exception is so large that Amnesty
International considers that it places women’s human rights legal protection to
be at risk.
Customary law, largely unwritten, is made up of the rules
and regulations applicable by custom and within particular communities in Sierra
Leone. Customary law is recognized throughout rural Sierra Leone and defines
social relations between men and women, and frequently reinforces the inequality
of women.
Officially the Local Court is the only institution permitted
to adjudicate customary law, under the Local Courts Act of 1963. Cases that fall
under the jurisdiction of the Local Courts include: marriage, divorce, debt,
succession, and land tenure. The Local Courts are presided over by a Court
Chairman, who is appointed to a three-year term by the Paramount Chief and whose
appointment the Ministry of Local Government and Community Development must
approve. The Courts’ rulings are overseen by Customary Law Officers, officers of
the Ministry of Justice, and may be overturned by those officers. Despite a
Constitutional provision that provides for the right to appeal against decisions
by Local Courts before Magistrates Courts, such appeals rarely take place(4).
Local Courts have the power to hear and determine all civil cases governed by
law where the claim is less than 250,000 leones [$US75 ]and criminal law cases
where a sentence does not exceed six months or fine does not exceed 50,000
leones [$US15 ]. Criminal cases are between the Chiefdom committee and an
individual and include cases such as contempt, petty theft, and abusive
language.(5) However, the Local Courts reportedly occasionally try cases that
fall outside their jurisdiction, for example, serious crimes such as rape.(6)
Historically, and particularly during the recent conflict, the
government has given little attention to the running of Local Courts, and Local
Court officials interviewed by Amnesty International seemed unfamiliar with the
provisions of the Local Courts Act. Even fewer members of the public had any
understanding of the function or jurisdiction of these courts.(7) Efforts are
now being taken by the Law Reform Commission to reform the Local Courts Act and
educate the public of its functions.
b. Informal sector and customary
lawIn practice, most customary law cases are dealt with
outside the formal justice sector.(8) Disputes and conflicts are resolved
informally, most often by Chiefs. Disputes that cannot be resolved within the
extended family are brought first to local Chiefs, elders or leaders, and
ultimately to the Paramount Chief. Only in the last resort do disputes go before
the Local Court.(9)
Chiefs are elected for life, and are the most
recognized authority and visible face of government in communities. They are
considered the custodian of the customs and traditions of the people. Local
government in rural areas is based on 149 traditional chiefdoms, each headed by
a Paramount Chief. This follows with the Chiefdom speaker, section Chief, and
village/town Chief. If it is a large town it is further subdivided to quarter
head, tribal head, and family head.(10) The northern, eastern and southern
provinces are divided into districts; each district is sub-divided into
chiefdoms; and large towns are further subdivided.
An 1896 Ordinance
that first made Sierra Leone a British Protectorate established “"courts of the
native chief”". Much later reforms replaced Paramount Chiefs with court chairman
as the heads of the courts. Local Court Chairmen are appointed by Paramount
Chiefs for approval by the Ministry of Local Government. The Local Courts Act,
1963 further institutionalized these reforms and prohibited Chiefs from
adjudicating customary law including presiding over court cases, imposing fines
or imprisoning people.
However, in practice they have continued to
adjudicate in a parallel and informal system by Chiefs. The Chief presides over
a so called "court", which is held in the presence of members of the traditional
Council of Elders. Councils of Elders are composed of tribal authorities,
members of other ruling houses, and other respected members of the community.
Normally, plaintiffs approach the Chief informally and pay a fee. The defendant
receives a verbal summons to the court, and the Chief decides the venue of the
hearing.(11)
Despite the illegality of this system, this is where the
majority of adjudications of customary law take place due to its familiarity,
informality, and relatively lower cost.
Recognition of the need for the
Local Courts to provide greater access to justice for the rural population,
efforts are now underway by the Law Reform Commission to undertake a nationwide
consultation with a view to revise the Local Courts Act. Training, awareness
raising and education about the Local Courts Act is currently being planned for
Chiefs at all levels and for members within the community.
Chapter II – The impact of illegal adjudication by Chiefs on women’s
human rightsChiefs have a tremendous impact on women’s access
to justice in rural Sierra Leone. In some cases they can be a positive influence
in a community, by assisting members of the community to resolve disputes
without a formal legal hearing. However in some cases, Amnesty International has
found that they have exceeded their authority under the law by imposing
punishments on women which violate their human rights -- including the right to
liberty. Amnesty International has also discovered that in other cases, the
Chief’s role and actions in dealing with cases of domestic violence and sexual
abuse has resulted in the continued perpetuation of violence at the community
level. At times, the hearings themselves have become the mechanism for
perpetrating further discrimination and violence. Amnesty International has also
found that despite that civil cases fall under the jurisdiction of the Local
Courts, Chiefs are also illegally judging cases related to civil status. These
illegal practices carried out by Chiefs both violate the national laws of Sierra
Leone, and render justice for women inaccessible.
a. Abusing women’s
human rights On a recent research mission to Sierra Leone, a woman
in Kenema town, Kenema district told Amnesty International:
“"I am
married and have five children with the same father who until recently was my
husband. A few months ago my husband left me to marry another woman. He is now
trying to evict me and our five children from the property where we have lived
for so many years. The first thing that happened was that an order came from the
paramount chief through the Chiefdom police that we should leave our family
home. When the Chiefdom police arrived, I was terrified and told them that I
couldn’t move as my children and I have nowhere else to go. When the paramount
chief found out that I refused to move he took the case to the Local Court.
My husband then asked the Local Courts to grant us a divorce
arguing that I would not perform my wifely duties because I wore trousers when
in bed with him. This accusation was enough for the Local Court to present me
with divorce papers. My husband had already signed them. The human rights people
told me not to sign them and I did not do so. Therefore, the Local Court
summoned me for failing to obey their orders. The Local Court officials put me
in a box in public all day to humiliate me. Thankfully some human rights
advocates came and had me freed the same day. The human rights
people told me to refuse to sign the divorce papers because they had not
included a clause which required my husband to pay care and maintenance for the
children as part of the agreement for the divorce. The human rights people wrote
a letter to the Local Court to this effect. How will my children—his children
continue to go to school if these fees are not paid. I barely make enough to
cover the food for all of us. In the end it turned out that the
customary law officer saw the ruling made by the Local Court and advised that
they had no jurisdiction in this case. In the end the customary law officer
wrote and said that my husband must pay the care and maintenance of the
children. Basically they told him that in order for him to divorce me he needs
to pay care and maintenance. My husband is still reluctant.”"(12)
This case is illustrative of the confusion which exists throughout
rural Sierra Leone regarding where Chiefs’ powers end and Local Court’s
jurisdiction begins. While it is common for women to be forcibly evicted from
their homes and land without consideration of their contribution to the assets
from the marriage upon the death or divorce of their husband, it is only the
Local Courts, accountable to the people through the Government of Sierra Leone
that can make this determination. Under Sierra Leonean law, under no
circumstances can the Chief take it upon himself to order the eviction of a
woman from her family home. Likewise it is unlawful for Chiefs to utilize
Chiefdom police to carry out forced evictions or other human rights abuses.
Despite their name, Chiefdom police do not work for Chiefs, they work on behalf
of the Local Courts and enforce judgements in the customary legal system and
serve as marshals of the Local Court. Their primary responsibilities are to keep
order in the Local Courts, serve summons, and enforce punishments such as the
collection of fines.
This separation of powers between the formal and
customary law sectors is not new. As mentioned above, there is a provision
within the Local Courts Act, 1963(13) which prohibits any person from
adjudicating without due authority – rendering the Chief’s actions in the above
case illegal. Amnesty International’s research revealed that this provision is
rarely respected by the Chiefs, or enforced by the Government of Sierra Leone.
Additionally a right to bring cases before the Magistrates Courts on appeal
exists, however such appeals rarely take place. In the Sierra Leonean justice
system, Customary Law Officers are officers of the Ministry of Justice who
oversee rulings and have the power to overturn unfair rulings imposed by Local
Court. The above case illustrates how this is carried out in practice.
Amnesty International’s research indicates that Chiefs have in some
instances illegally carried out functions as both prosecutor and judge in cases
brought before them by members of the community. In some cases brought against
them by their husbands, the women did not have a fair hearing but encountered
stigmatisation and ostracism as well as other threats to their liberty and
security. Examples which were brought to Amnesty International’s attention
included Chiefs who have levied arbitrary charges against women, such as
“"witchcraft”"(14). Amnesty International is also aware of cases where Chiefs
have determined guilt without evidence, imposed arbitrary and exorbitant fines,
imprisoned women unlawfully in their homes or in “"tribal prisons”", charged
fees for services, and threatened to, or actually carried out, expulsions from
the community as a form of punishment.
A woman in a village outside of
Makeni town, Bombali district told Amnesty International:
“"My son is
13 years old and he suffers from epilepsy. In September this year (2005) my son
and I were accused of witchcraft. My husband brought this charge to the Chief.
My husband said that our child was bewitched and it was me who was responsible
for bewitching him. Based on this accusation that my husband made, the Chief
charged both me and my son with witchcraft. He said that we each had to pay him:
one five gallons of palm oil, 50,000 leones [US$15], one goat, and 20 ft pan of
straw rice.
I pleaded with the Chief for mercy claiming that I had no way
of paying those kinds of fines. His answer was to order me to go to the tribal
prison. He told me to stay there until I paid him bail money of 12,000 leones
[US$4]. After I gave him the bail money he released me. He then demanded that I
pay him the fines. I didn’t have that kind of money so I begged him to let me go
to Freetown to get the money together to pay him. He said he would only let me
go if I could identify someone in the village who could pay the fine if I did
not return. My uncle, who also lived in the village, agreed. The
next day I went to Freetown to find my brother. He was the only one I knew who
could help me. I left my son in the village with the other people in my family.
I stayed in Freetown for a while as it took a long time to convince my brother
to return to the village with me. When I finally returned with my brother, I
found my son in the care of a community worker. The community worker told me he
had become destitute because no one wanted to care for him as they thought he
was bewitched. Upon hearing my story, the community worker advised me and my
brother to take the matter to a human rights lawyer from the Access to Justice
Project (15) in Makeni. We went to Makeni to talk to the lawyer there. After
they heard our story they sent a letter to the Chief in our village. Immediately
when the letter reached the Chief, he dropped the witchcraft charge and all the
fines that he had imposed on me. I am not sure what I would have done if it had
not been for the human rights lawyer with the Access to Justice Law Centre in
Makeni.”" (16) In President Kabbah’s 2003 address to the nation he
clarified that Chiefs’ powers are limited to land allocation and boundary
disputes. He clearly stated that it is only within the power of the Local Courts
to adjudicate on customary legal cases -- Chiefs have no power to determine
guilt or innocence, to impose imprisonment, fines, other punishments or to
demand bail, or indeed to adjudicate such cases at all. Local Courts are limited
to determining all civil cases where the claim is less than 250,000 leones
[US$75] and criminal law cases where a sentence does not exceed six months or
fine does not exceed 50,000 leones [US$ 15].(17) All other cases fall under the
jurisdiction of the Magistrate Court or High Court.
Amnesty
International has found that paralegals and legal aid providers helped women
understand the importance of ensuring that cases are handled legally through
Local Courts. Paralegals and legal aid providers were in some cases assisted
women to bring cases formally to the Local Courts where they feel they have
experienced an unfair ruling by the Chiefs.
b. Violence against Women
Like other societies emerging from conflict, Sierra Leone has high
levels of violence against women consistently across the country. Although
overall prevalence studies have not been carried out, United Nations Mission in
Sierra Leone (UNAMSIL) has reported that rape and sexual violence is higher in
post-conflict Sierra Leone than prior to the conflict.(18) Most cases of
violence against women, particularly those cases perpetrated by a husband or
other family member, are “"dealt with”" within families. Outside of families,
Chiefs are traditionally the first point of contact. Chiefs may also deal with
cases of gender-based violence outside the family context in the wider
community.
Studies carried out by national non governmental
organizations reveal that in general, Chiefs are unaware of the criminal nature
of these offences, the psychological impact that these abuses have on women, and
in general remain reluctant to punish perpetrators, believing that punishment of
the abuser brings disharmony to the community.(19) This reluctance to pursue
justice for women has resulted in a culture of impunity for violence against
women, and may be a factor in the continued high levels of rape and sexual
assault in Sierra Leone today. As a result, women are left with little
protection against violence committed by their male relatives.
The
Chief’s lack of knowledge is compounded by the fact that customary law allows
men to “"chastise”" their wives in certain circumstances.(20) Under customary
law, a man may “"chastise”" his wife if he believes she has committed adultery,
flirted with another man, or been “"derelict of her domestic duty.”"(21) Studies
carried out in 2002 by Physicians for Human Rights revealed that many women
themselves believed that it was their husband’s right to beat them.(22).
“"Chastisement”" is not defined in customary law, however it usually involves
physical assault – for example a man may strike his wife or children for even
minor acts of disobedience If a husband goes beyond “"chastisement”", the
customary practice is that the wife will move back to her family home and ask
her brother or father to seek advice from the Chief on the matter.
This
practice forces women to constantly defer to men in cases involving violence
committed against them. Given the extreme poverty and displacement of many
families in post-conflict Sierra Leone, it is often difficult for a brother or
father to even seek advice of the Chief, potentially leaving the woman
vulnerable to further abuse by her husband.
The conflict in Sierra Leone
has also led to a large number of female headed households, many of whom are
widows. Widows face specific forms of discrimination which may not be recognised
as human rights abuses by mainstream human rights organizations or governments.
As Graca Machel(23) said: “"
Wherever they are, irrespective of their religion
and culture, a common feature of widowhood is the violence perpetrated against
them at the hands of near relatives and condoned by the inaction of governments.
Many widows are hounded from their homes and denied access to essential
resources such as shelter and land to grow food. They are also subject to
degrading and life-threatening traditional practices. They have no status and
often they are figures of shame and ridicule. This neglect of millions of widows
has irrevocable long term implications for the future well-being and sustainable
development of all our societies.”"(24)A widow from Magburuka,
Tonkolili district told Amnesty International:
“"
After my husband died
in the war, I had to marry his brother. I have six children now, four from my
former husband and two from my current husband. My current husband does not stay
in the house very much and he does not help to maintain the children on a
regular basis. Soon after our son was born, I went ahead and got him circumcised
but did not consult my husband about it as he was not around. When he discovered
that I had circumcised his son without his knowledge he beat me. He beat me so
badly that I needed medical attention but did not have money to go to the
hospital. I had to get drugs provided by the drug peddlers. At first I wanted to
go to the police but my husband’s family advised me not to. I did not consider
taking this issue to the Chief as I had no money and he would not take it
seriously. The Local Court was also not an option, as I have no money… What I am
really afraid of now is that my husband will go to the Chief and the Chief will
force me to leave the house. If he does that, where will I go and how will I
take care of the children? I have no family of my own to go to. Really all I
want now is for my husband to return to our home and help with the
children.”"(25)
Women were, and frequently still are, perceived as
the property of their husbands, to be inherited on the death of their husband
along with the rest of his property by the husband’s family. In some cases, a
woman is required or encouraged to marry the brother of her dead husband so that
her husband’s family maintains all rights to his property. In some parts of
Sierra Leone, a woman has no entitlement to inherit her husband’s property,
including the house she and her children may live in. The husband’s family may
choose to allow the wife to have some or all of his property, although she has
no legal entitlement to it.(26) Customary practices have sometimes evolved so
that women now receive a share of their husband’s estate, but sons always
receive a greater share than the wife or daughters.(27)
One woman in
Makeni town, Bombali district described how, having been widowed as a result of
the conflict and then remarried, she had been subjected to sexual violence by
her husband on whom she and her children were economically dependent, but had
been unable to obtain redress. She told Amnesty International:
“"I
have six children. I had five children with my former husband who died in the
war and now one with my new husband. Since we have been together my new husband
has been neglecting the children and all he wants is sex. I don’t want to have
sex because I am a new mother and I am tired. I also do not want to have more
children. I really did not know what to do. My family is not around as most died
in the war and everyone else in the community, including the Chief, is advising
me to just sit tight. They warned me not to go to the police about my husband
raping me, or not paying for the children, they would just lock him up and then
there would be no chance that he would pay. Also if he was locked up it would be
bad for the children and have a negative impact upon them.”"(28)Many
women told Amnesty International about their desire to leave their husbands to
escape the violence that their husbands were inflicting on them. They said that
they were discouraged from going to the police or from seeking a divorce by
other family members, as seeking help from the police would automatically lead
to breaking up the family. Neither option would guarantee them any financial
support from the husband – which would sentence most women and their children to
a lifetime of dire poverty.
One woman in Bo town, Bo district, told
Amnesty International:
“"
When my husband started beating me all I
wanted to do was to leave him and get a divorce. His family told me to just stay
with him. They also advised me not to go to the police as they said that it
would be much worse for both him and me if I did that. Really, though, all I
want to do now is get a divorce but I am worried about how I would
survive.”"(29)
Under both formal and customary law the husband is
under no obligation to contribute financially towards the care of the children
while the family is living together. If a woman has left her husband or if they
have decided to separate, she is not entitled to any support for herself, and
the amount stipulated in law for support for the children is grossly inadequate.
(30) The wife is eligible for support only if her husband deserts her, and the
amount prescribed by law is minimal: 20,000 leones (US$6) per month.(31) As it
is considered difficult to prove desertion, women are often left without access
to even the minimal maintenance to provide for their children. Many
women told Amnesty International that they had tried without success to pursue
maintenance cases with the police – through the recently created Family Support
Units located within the Police Service – but had been encouraged to go back to
their own families, go to the Chief or simply survive on their own. The Ministry
of Social Welfare, Gender and Children’s Affairs, also responsible for
addressing these concerns, is understaffed and therefore has limited capacity to
do so.
Although many women desire to work, own land, and have access to
property in order to be financially independent of their husbands, their options
are limited. Few skills and a lack of education make it difficult for women to
find paid work, which would allow them to rent a home or buy a small plot to
grow some food. Even when women do have some money, landlords often refuse to
rent to women and will only deal with men.
This discrimination feeds
into a more vicious cycle of wider human rights violations and abuses in the
country. A lack of income and economic independence perpetuates a cycle of
violence, with women being forced to stay in abusive or violent relationships
because they have no other options.
c. Personal/civil status and the
informal legal sector Women have experienced discrimination in cases
related to their personal or civil status claims, which are often handled by
Chiefs. Laws governing marriage, divorce, maintenance, property, and inheritance
are guided by customary law and impact upon women in every aspect of their
lives.
Under customary law women’s status in society is equal to that of
a minor. This has resulted in women’s unequal relationship with men throughout
their lives which impacts upon their ability to seek justice or remedies of any
kind for any abuses they have suffered. Before marriage, a woman is subordinate
to her father or brother, and after marriage, to her husband. If her husband
dies, she is subordinate to her male relative, usually a brother, until she
remarries. Married women are expected to devote themselves to maintaining the
family and taking care of the home.
As demonstrated above, Amnesty
International’s research demonstrates that for many women, the process of
pursuing remedies with regard to divorce, maintenance , property or inheritance
is too expensive, too confusing and as a result, is inaccessible. Laws
pertaining to personal or civil status are unwritten; rulings based on customary
law are not systematically recorded, and are influenced by region and religion.
Further, laws defining civil status differ depending upon which Chief in which
district is administering it. Women’s unfamiliarity with laws and procedures as
well as the lack of an ability to question Chiefs’ rulings leave women
vulnerable to arbitrary and unjust rulings in matters which impact their very
ability to exercise their human rights.
Custom allows for Chiefs to
advise on civil and personal matters if they are approached by members of the
community, including the women themselves. However the Local Courts Act 1963
prohibits Chiefs from charging fees for service. Despite the illegality of the
practice, summons or “"hearing”" fees are regularly charged prior to the
carrying out of any procedures. The amounts and types of fees charged fluctuate
significantly from one Chiefdom to the next. Under Sierra Leonean law personal
or civil status claims such as seeking a divorce falls under the jurisdiction of
the Local or Magistrate court. However due to financial or physical
inaccessibility, and the unfamiliarity of the courts which exist within the
formal legal system, women often seek resolution with the Chief.
One
woman in Kenema town, Kenema district told Amnesty International:
“"When I had a fight with my co-wife over my husband I went to the
village Chief where my co-wife and my husband live. The Chief brought us
together but it did not resolve the dispute. I then decided to go to the local
Chief from my village. This strategy did not work, as my co-wife did not respect
the authority of my Chief. I decided then to take the matter to the Town Chief.
This did not work either because my mate’s relatives told him that they would
handle the case within the family. The Town Chief agreed and asked for a
withdrawal fee of 20,000le ($US8) from each of us. Despite the promise that my
mate’s family would resolve our dispute, the fighting between us continued. I
went back to the Town Chief and told him that the case had still not been
settled and he recommended that I take the case to the Local Court.”" (32)
One woman in a town outside of Makeni town, Bombali district told
Amnesty International:
“"I am 25 years old. I left the house with the
children and went to live with my own family. My husband, even though he was
living with us, he was not paying for anything at all. I charged him with
failing to take care of his children. When I complained about it to my family or
to other women they told me to be patient and just forgive the man. I just want
to leave the man. I want to get a divorce. The Chief charges us 60,000 leones
[US$18] for a divorce. He also makes us wash the man—so that the man will be in
a position to marry another woman—as a clean man. I don’t support the idea of
washing the man and also the money involved is too much! In general though I do
not like taking these cases to the Chief as he does not take these matters
seriously. He just asks us for money and then the matter does not really get
solved. My friend told me about human rights as she said they helped her to
solve her problem.”"(33)Both customary and formal law in Sierra
Leone discriminate against women in matters of divorce. The financial burden of
both pursuing a divorce and living with the financial consequences of having one
make it almost impossible for women to survive on their own. Restrictions on
petitioning for a divorce within the first three years of marriage, applicable
to both men and women, may force a woman to remain with her husband even if he
is abusing her because of the financial implication she would encounter if she
left him.
The Matrimonial Causes Act of 1960 provides for divorce on the
grounds of cruelty, adultery, or desertion for either party. In customary law,
divorce is considered difficult to obtain because of the multiple variations in
the law. However, either party to the marriage can initiate divorce proceedings
in the Local Court. However, again due to the poor allocation of maintenance
made available for children, women rarely follow this route in practice.
Chapter III - International Standards
In addition to ensuring the observance of its own laws, the
Government of Sierra Leone has an international obligation to respect and
protect and fulfil the spirit and the letter of women’s human rights.
International law obliges Sierra Leone to refrain from committing violations of
human rights and to protect women from human rights violations committed by
agents of the state, but also from abuses committed by private individuals or
groups. International law has developed the standard of
due diligence as
a way to measure whether a government has acted with sufficient effort to live
up to its responsibilities to uphold human rights, including in cases where the
perpetrator is not an agent of the state.(34) Sierra Leone must have laws and
policies in place to protect against discrimination, but also should adopt a
wide range of measures to protect women’s human rights, and provide redress and
reparation to those women whose rights have been violated.
Sierra Leone
is a party to the Convention on the Elimination of All Forms of Discrimination
against Women (the Women’s Convention) and its Optional Protocol, as well as the
two international covenants – the International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on, Economic, Social and Cultural
Rights (ICESCR) – which place an obligation on states to ensure the equal right
of men and women to the enjoyment of all the rights set forth in them. As a
party to these human rights treaties, the Government of Sierra Leone is not only
obliged to amend discriminatory legislation, but also to actively legislate
against discrimination and violence against women.
In both the ICCPR and
the ICESCR, Article 2 contains a general clause specifying that rights should be
implemented for all, without discrimination. Article 3 elaborates the general
principle enshrined in Article 2, specifically on the issue of sexual
discrimination, underlining that equality of men and women in enjoyment of
rights should be made a reality in law and practice.(35) The scope of the
application of the right to equality between men and women contained in ICCPR
and ICESCR has been developed by both the Human Rights Committee and the
Committee on Economic, Social and Cultural Rights.(36)
At the regional
level Sierra Leone is a party to African Charter on Human and People’s Rights
and it has signed, but not ratified, the Protocol to the African Charter on the
Rights of Women in Africa. Article 2 of the African Charter on Human and
Peoples’ Rights also requires states to implement rights equally between men and
women.
Under Article 2 (f) of the Women’s Convention state parties
undertake to “"take all appropriate measures, including legislation, to modify
or abolish existing laws, regulations, customs, and practices that constitute
discrimination against women.”" Article 5 of the Women’s Convention further
states that state parties shall take all appropriate measures “"to modify the
social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customs and all other practices
which are based on the idea of the inferiority or the superiority of either of
the sexes or on stereotyped roles for men and women.”"
a.
Discrimination against Women The Women’s Convention defines
discrimination against women as “"any distinction, exclusion or restriction made
on the basis of sex which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and fundamental
freedoms the political, economic, social, cultural, civil or any other
field”".
Article 2 of the Women’s Convention expressly
states:
“"States Parties condemn discrimination against women in all its
forms, agree to pursue by all appropriate means and without delay a policy of
eliminating discrimination against women and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their
national constitutions or other appropriate legislation if not yet incorporated
therein and to ensure, through law and other appropriate means, the practical
realization of this principle;
(b) To adopt appropriate legislative and
other measures, including sanctions where appropriate, prohibiting all
discrimination against women;
(c) To establish legal protection of the rights
of women on an equal basis with men and to ensure through competent national
tribunals and other public institutions the effective protection of women
against any act of discrimination;
(d) To refrain from engaging in any act
or practice of discrimination against women and to ensure that public
authorities and institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against
women by any person, organization or enterprise;
(f) To take all appropriate
measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices which constitute discrimination against
women;
(g) To repeal all national penal provisions which constitute
discrimination against women.
b. Abolition of discriminatory
legislationArticle 2 (a) of the Women’s Convention requires states
parties to “"embody the principle of equality between men and women in their
national constitutions or other appropriate legislation if not yet incorporated
therein and to ensure, through law and other appropriate means, the practical
realization of this principle.”" Similar provision is contained in article 2(1)
(a) of the Protocol to the African Charter on the Rights of Women in Africa.
Article 26 of the ICCPR also states that “"the law shall prohibit any
discrimination”" on grounds such as sex.
Under the human rights treaties
it has ratified, Sierra Leone is obliged to bring its domestic law into
conformity with these treaties. Article 27 of the Vienna Convention on the Law
of Treaties clearly states that a State Party 'may not invoke the provisions of
its internal law as justification for its failure to perform a treaty'. It flows
that Sierra Leone can not invoke provisions in its national laws, including its
Constitution, to fail to implement effectively the human rights provisions
related to equality between men and women described above.
In so far as
the Sierra Leonean Constitution allows discriminatory norms of customary law to
continue to apply, it should be amended to reflect the obligation of Sierra
Leone under international human rights law.
c. Right of equality
before the lawArticle 15 of the Women’s Convention recognized the
right of equality between men and women before the law. Similarly, article 26 of
the ICCPR requires equality before the law and requests that the law prohibits
any discrimination and guarantee all persons equal protection against
discrimination on ground such as sex. The Human Rights Committee (HRC) has
stated that the “"right of equality before the law and freedom from
discrimination requires states to act against discrimination by public and
private agencies in all fields.”"(37)
The CESCR has clarified that, with
regards to article 3 of the ICESCR, “"the principle of equality in the law must
be respected by the legislature when adopting laws, by ensuring that those laws
further equal enjoyment of economic, social and cultural rights by men and
women. The principle of equality before the law must be respected by
administrative agencies, and courts and tribunals, and implies that those
authorities must apply the law equally to men and women.”"(38)
Right to
equality before the courts also mean that Sierra Leone must ensure that access
to justice and the right to a fair trial, as provided for in article 14 of
ICCPR, are enjoyed by women on equal terms with men. Any obstacles, by law or
practice that prevent women from direct and autonomous access to the courts
should be removed. Women status as witness and her evidence should be treated
without discrimination. Similarly, women should have equal access to legal aid,
in particular on family matters.(39)
The unlawful detention of women
based on decisions by Chiefs is in clear violation of the right to liberty and
the right to a fair trial recognized in the International Covenant on Civil and
Political Rights and in the African Charter on Human and Peoples’ Rights to
which Sierra Leone is a party.(40)
d. Right to effective
remedyA key obligation arising from the ratification of human rights
treaties is that of ensuring that individuals whose rights under the treaty are
violated have access to effective and enforceable remedies. These include not
only redress at judicial level, but also through administrative
mechanisms.
Providing effective remedies includes an obligation on states
to ensure that individuals whose rights have been violated receive reparations.
The scope of reparation is wider than monetary compensation alone, and should
include other forms of reparations, such as restitution, rehabilitation,
satisfaction and guarantees of non-repetition.
e. Right to equality in
marriageArticle 16 of the Women’s Convention and Article 23 of the
International Covenant on Civil and Political Rights recognize the right to
equality in marriage, including “"same rights and responsibilities during
marriage and at its dissolution”". Sierra Leone is under an obligation to
guarantee,
inter alia, equal rights in respect to ownership or
administration of property and in relationship to inheritance.
f.
Obligation to prevent, stop and to punish violence against womenThe
UN Declaration on the Elimination of Violence against Women states in Article 1:
"…the term ‘violence against women’ means any act of gender-based
violence that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or in
private life."According to the UN Committee on the Elimination of
Discrimination against Women, gender-based violence against women is violence
"
directed against a woman because she is a woman or that affects women
disproportionately."
While the Women’s Convention makes no reference
to violence against women, the contemporary understanding of this violence
grounds it, to a large extent, in ongoing, pervasive discrimination against
women and their subordination in daily life. As the UN body monitoring the
implementation of this Convention, the Committee on the Elimination of All Forms
of Discrimination against Women, explained,
"
Gender-based violence,
which impairs or nullifies the enjoyment by women of human rights and
fundamental freedoms under general international law or under human rights
conventions, is discrimination within the meaning of article 1 of the
Convention. These rights and freedoms include: (a) The right to life;
(b) The right not to be subject to torture or to cruel, inhuman or
degrading treatment or punishment; (c) The right to equal protection
according to humanitarian norms in time of international or internal armed
conflict; (d) The right to liberty and security of person;
(e) The right to equal protection under the law; (f) The
right to equality in the family; (g) The right to the highest
standard attainable of physical and mental health; (h) The right to
just and favourable conditions of work."
This means that gender-based
violence against women may constitute a violation by the state of its
obligations under Women’s Convention where the state fails to exercise due
diligence to prevent, stop or punish it.
According to article 4 of the UN
Declaration on the Elimination of Violence against Women "
States should
condemn violence against women and should not invoke any custom, tradition or
religious consideration to avoid their obligations with respect to its
elimination."
g. Reporting to treaty monitoring
bodiesThe Government of Sierra Leone, with UNIFEM’s assistance and
women’s organizations are preparing the initial report to the CEDAW Committee,
the body established to monitor states’ implementation of their obligations
under the Women’s Convention.
Amnesty International believes that this
represents an opportunity for Sierra Leone to monitor and review its legislation
and practices and encourage public scrutiny of the actions of the
government.
Sierra Leone has 30 overdue reports to the UN treaty
monitoring bodies, including 13 reports which are more than 10 years overdue.
The Government of Sierra Leone should begin immediately the process of drafting
its overdue reports in accordance with the relevant treaty bodies’ guidelines.
In doing so it must include information on the steps taken to ensure equality
between men and women and to redress violations and abuses of women’s human
rights.
Chapter IV - Conclusions
Amnesty
International has found that women in rural Sierra Leone face grave human rights
abuses at the hands of men in their homes, their communities – as well as at the
hands of the Chiefs who act illegally in imposing fines, punishments and in some
cases, arbitrary detention. Further, the Government of Sierra Leone has failed
to protect women from these abuses by stopping or preventing Chiefs from acting
illegally and by failing to enact legislation which prevents discrimination in
sectors relating to personal or civil status.
The inability to challenge
the authority of Chiefs who illegally adjudicate in the informal legal system
perpetuates a cycle of abuse and violence that is impossible for individual
women to break on their own. Efforts at several levels by the Government of
Sierra Leone are required in order to improve women’s access to justice. These
include amending the Constitution to ensure that it is not discriminatory either
in law or in effect, supporting a transparent process of legal reforms on
marriage, inheritance, divorce and sexual offences, and supporting the
development of legislation which will provide effective redress against domestic
violence.
The government must also play a role to stop human rights abuses at the local
level by imposing punitive measures against Chiefs and other members of the
community who act outside or against the law. Measures should also be put in
place to ensure that cases are properly handled in Local Courts and that those
courts function properly. Amnesty International is aware that efforts are now
being made to make the Chiefs’ role understood as a part of the Local Courts Act
currently under amendment and looks forward to its implementation throughout the
149 districts in Sierra Leone.
Steps must be taken to ensure that women can exercise their right to an
adequate standard of living for themselves and their families, including
housing. They also have a right to the opportunity to earn a living and must be
allowed to pursue this.
Amnesty International has found that paralegal and legal aid organizations
have been playing a role as an ad hoc measure in the post conflict period to
support the rural poor, including women, to access justice. The Justice and
Peace and Human Rights Commission of the Roman Catholic Church, the Lawyers
Centre for Legal Assistance in the district capitals and Freetown, and Timap for
Justice in Magburuka and Bo have been providing paralegal and legal aid services
to many women in district towns and surrounding villages. However, all these
organizations told Amnesty International that they were completely
overstretched, with many more cases than they could handle.(41) These
organizations require further support in order to take effective steps towards
meeting the need for free legal advice, mediation between family and community
members and representation in court cases.
These organizations also require further support in order to continue with
their work of conducting workshops to raise awareness about human rights among
local communities and local government officials. Amnesty International’s
interviews with rural women in Sierra Leone in 2005 showed that as women became
more aware of their rights under the law and Constitution, they were able to
challenge and appeal against rulings which they felt were unjust or unfair.
In the longer term, the Government of Sierra Leone should take steps to
ensure that these types of services are available for all Sierra Leoneans, and
especially women in view of the structural inequalities and discrimination they
face.
Chapter V –
Recommendations
Amnesty International calls on the Government
of Sierra Leone to take the following actions, without delay, to end abuses
against women by Chiefs and to end discrimination against women in law and
practice:
Bring an end to discrimination and violence and other abuses against
women
· Enforce the prohibition of unlawful punishments – including arbitrary
imprisonment and punitive fines – and other human rights abuses inflicted on
women in the name of custom and tradition;
· Prohibit all violence against
women, including “"chastisement”", as assault and a crime against the person and
prosecute the perpetrators;
· Rape and other sexual violence against women
should be treated as offences against the woman and any reparation, including
compensation, should be awarded to her as an individual;
· Ensure that
Family Support Units fulfil their responsibility to protect women against all
forms of gender based violence in the family and in the wider community and do
not in any way attempt to persuade women to remain in situations where they are
subjected to such violence;
Undertake Legal and Institutional Reforms
· Secure an amendment to article 27 sec (4)c of the Constitution
which currently allows for discrimination relating to customary law;
·
Ensure that disputes under customary law are referred to the Local Courts in
compliance with Sierra Leone law, and prohibit unlawful adjudications of
customary law matters by Chiefs and their imposition of arbitrary and other
unlawful punishments;
· Provide clear directives and training to chiefs
about the limits of their powers, and prosecute any Chiefs who persist in
attempting to adjudicate unlawfully;
· Institute the recording and
publishing of customary law enforced by the Local Courts rulings and actions,
and ensure that it does not discriminate against women and conforms to
international human rights standards, including the Women’s Convention;
·
Strengthen oversight of Local Courts and training of Local Court officials by
Customary Law Officers, in the Ministry of Justice especially with regard to
recording rulings and standardizing penalties.
Strengthen Protection for Women’s Human Rights·
Ensure that Chiefs, Local Court personnel, the police and formal legal personnel
are trained in human rights principles, in particular as they apply to women,
including a recognition that VAW is a crime, and that when exercising any
mediation functions, they do not use their influence to coerce women to remain
in violent or abusive relationships, impose unlawful fees, or attempt to
unlawfully adjudicate in matters which should be referred to the police,
Magistrates and High courts;
· Ensure that paralegal and legal aid
services are available and accessible on a systematic basis throughout the
country, in order to ensure effective access to justice. Strengthen paralegal
and legal assistance for women, including by support to non-governmental
organizations that provide these services, and by enabling women themselves to
become trained as paralegals in relevant areas of the law and legal
procedures;
· Conduct effective public education throughout society with
the aim of modifying social and cultural patterns and of eliminating prejudices
and customary and all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped roles
for men and women, as required by Sierra Leone’s obligations under the Women’s
Convention. This should include raising public awareness of women’s human
rights, particularly their rights to freedom from discrimination and unlawful
punishments.
********
· (1) Rural Sierra Leone is considered all
areas outside of the capital, Freetown.
· (2) Sierra Leone 1991
Constitution Sec. 170.
· (3) Sec. 27 of the Constitution provides that no
law shall contain any provision that is discriminatory, either in itself or in
its effect and prohibits discriminatory treatment by any person acting by virtue
of any law. However the Constitution nullifies much of the promise of equality
provisions in section 27 (4) (d) by making exception to the prohibition of
discriminatory laws with respect to laws dealing with marriage divorce and
inheritance or other interests of personal law.
· (4) Local Courts Act,
1965
· (5) Local Courts Act, 1963
· (6) Amnesty International
interview with human rights worker in Bo town, Bo District.
· (7) Local
Courts are more extensively described in Amnesty International, No one to turn
to: Women’s lack of access to justice in Sierra Leone, AI Index: AFR
51/011/2005.
· (8) Alterman, Owen, Binienda, Aneta, Rodella, Sophie, and
Varzi, Kimyia, The Law People See: The Status of Dispute Resolution in the
Provinces of Sierra Leone in 2002, A National Forum for Human Rights
Publication, Freetown. p. 10
· (9) A 2005 study found that of 128 people
interviewed throughout rural Sierra Leone, approximately 42 per cent said they
would go to the Chief to resolve personal and family conflicts. Campaign for
Good Governance, Report on the project – short term inputs to support the
informal justice sector component, a study carried out on behalf of the UK
Justice Sector Development Project June 2005.
· (10) Alterman, Owen,
Binienda, Aneta, Rodella, Sophie, and Varzi, Kimyia, The Law People See: The
Status of Dispute Resolution in the Provinces of Sierra Leone in 2002, A
National Forum for Human Rights Publication, Freetown, p. 23
· (11) Ibid
p. 32
· (12) Amnesty International interview in Kenema town, Kenema
district October 2005
· (13) Part VII Section 40 states that "Any person
who shall within the area of the jurisdiction of any duly constituted Local
Court exercise or attempt to exercise judicial powers, otherwise than in
accordance with the provisions of any Act or sit as a member of such Court
without due authority, shall be guilty of an offence and shall on conviction be
liable to a fine not exceeding 25 pounds or to imprisonment for a term not
exceeding three months or to both such fine and such imprisonment. No
prosecution under this section shall be instituted with the consent in writing
of the Judicial Advisor.
· (14) It is unlawful for Chiefs to adjudicate
on cases of witchcraft. There is no crime of "witchcraft" in Sierra Leonean law,
and thus any such charge is arbitrary and violates international human rights
standards.
· (15) The Justice and Peace and Human Rights Commission have
been operating since February 2005, and provide legal advice and representation
to women, children and young people. The project was developed after a study
found that 98 per cent of people, living in a generally impoverished community
had no access to justice at all. The project held rallies or marches, workshops
and daylong discussions about the impact of violence against women and children,
to raise awareness particularly among local leaders who have been reluctant to
take up these issues. Training sessions focused on legal procedures for
investigating and prosecuting violent crimes, the role of community leaders and
the police, and the mental and physical impact of violence upon the victims.
· (16) Amnesty International interview Makeni town Bombali district
October 2005
· (17) Local Courts Act, 1963
· (18) Consultations
carried out by the human rights section of United Nations Mission in Sierra
Leone (UNAMSIL) throughout all rural areas in Sierra Leone for the 2005 UN
Stakeholder’s conference reported this to Amnesty International.
· (19)
A study by Knowledge, Aptitude and Practise study carried out as part of a pilot
project in 2005 for the Access to Justice Project of the Roman Catholic Church
in the northern towns of Makeni, Kambia, and Kabala in Bombali and Tonkolili
Districts.
· (20) Joko Smart, H.M., Sierra Leone Customary Family Law,
Fourah Bay College Bookshop Limited, 1983. p. 108
· (21) Ibid p.109
· (22) Physicians for Human Rights, War Related Sexual Violence: A
population based assessment.
· PHR Washington 2002 p. 10
· (23)
Graca Machel is married to Nelson Mandela and has been very active
internationally and is world-renowned for her commitment to children's and
women's rights, education, and development. She served as President of the
National Commission of UNESCO in Mozambique, as a delegate to the 1988 UNICEF
Conference, and on the steering committee of the 1990 World Conference on
Education for All. In 1994 UN Secretary-General Boutros Boutros-Ghali appointed
Graca the independent expert in charge of producing the U.N. Report on the
Impact of Armed Conflict on Children, and Graca spent 1994-96 traveling to
investigate the plight of children in countries beset by war.
· (24)
Graca Machel is , speaking at Opening Plenary of 2001 Conference of Widows
Rights International,
http://www.widowsrights.org/index.htm
· (25) Amnesty International interview in Magburuka town, Tonkolili
district October 2005
· (26) The husband always inherits his wife’s
property, whether they have children or not.
· (27) Joko Smart, H.M.,
Sierra Leone Customary Family Law, Fourah Bay College Bookshop Limited, 1983. p.
152
· (28) Amnesty International interview Makeni town, Bombali district
October 2005.
· (29) Amnesty International interview Bo town, Bo district
October 2005
· (30) Married Women’s Maintenance Act, Cap. 100 of the laws
of Sierra Leone, 1960.
· (31) Ibid
· (32) Amnesty International
interview Kenema town, Kenema district October 2005
· (33) Amnesty
International interview Makeni town Bombali district October 2005
· (34)
See African Commission on Human and Peoples’ Rights, Communication 155/96, The
Social and Economic Rights Action Centre and the Centre for Economic and Social
Rights v Nigeria, paragraph 44 stating: "Internationally accepted ideas of the
various obligations engendered by human rights indicate that all rights – both
civil and political rights and social and economic rights – generate at least
four levels of duties for a State that undertakes to adhere to a human rights
regime, namely the duty to respect, protect, promote and fulfil these rights.
These obligations universally apply to all rights and entail a combination of
negative and positive duties… Each layer of obligation is equally relevant to
the rights in question."
· (35) The International Covenant on Civil and
Political Rights (39) states in Article 2 (1): "Each State Party to the present
Covenant undertakes to respect and to ensure to all individuals within its
territory and subject to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth
or other status." Article 3 states: "The States Parties to the present Covenant
undertake to ensure the equal right of men and women to the enjoyment of all
civil and political rights set forth in the present Covenant." Similarly, the
International Covenant on Economic, Social and Cultural Rights,(40) in Article
2(2), requires States Parties to: "undertake to guarantee that the rights
enunciated in the present Covenant will be exercised without discrimination of
any kind as to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status." Article 3
requires that States Parties: "undertake to ensure the equal right of men and
women to the enjoyment of all economic, social and cultural rights set forth in
the present Covenant.".
· (36) See Human Rights Committee, General
Comment No 28 and Committee on Economic, Social and Cultural Rights, General
Comment No 16.
· (37) See Human Rights Committee, general comment No 28,
paragraph 31.
· (38) See Committee on Economic, Social and Cultural
Rights, general comment No. 16, paragraph 9.
· (39) See Human Rights
Committee, General Comment No 28, paragraph 18.
· (40) Article 9 of the
International Covenant on Civil and Political Rights states that, inter alia,
that "No one shall be deprived of his liberty except on such ground and in
accordance with such procedure as are established by law". Article 14 also
states that "In the determination of any criminal charge against him, or of his
rights and obligations in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and impartial tribunal
established by law."
· In its General Comment N. 3 the Committee on
Economic, Social and Cultural Rights states: "among the measures which might be
considered appropriate, in addition to legislation, is the provision of judicial
remedies with respect to rights which may, accordance with national legal
system, be considered justifiable". The Human Rights Committee has also
clarified, in relation to Article 2 of the ICCPR, that "Article 2, paragraph 3,
requires that in addition to effective protection of Covenant Rights States
Parties must ensure that individuals also have accessible and effective remedies
to vindicate those rights."
· (41) Interviews with members of Timap for
Justice, October 2005 an unpublished article by Vivek Maru, a co-founder of
Timap for Justice, provided much of the background information here.
AI Index: AFR
51/002/2006 |
|
17 May 2006 |