To build a shared commitment, and promote and ensure national cohesion and address the deep-seated causes of social injustice in Sierra Leone, we need to rise above our partisan differences, says the country’s Vice President, Dr. Mohamed Juldeh Jalloh.
Speaking at the international conference to celebrate the legacy of the Special Court for Sierra Leone (SCSL) on 26th February 2024 in Freetown, Dr. Jalloh says the only way that the SCSL will be a guiding light for generations to come is to do more and continue to work harder.
“We have come a long way and we still have a long way to go. We have to do more to promote national cohesion. We have to do more to improve the delivery of justice. We have to do more to protect human rights and build a human rights culture.
“As a country, we need to rise above reductionist partisan dramaturgy to build a shared commitment to promote national cohesion and address the deep-seated causes of social injustice. Make no mistake, this is the cornerstone of a stable democratic polity.”
The following is a transcript of the Vice President’s remarks, as recorded by Ticha Lemp Lemp:
Today, we gather here to commemorate a significant milestone in our nation’s history – the 22nd anniversary of the establishment of the Special Court for Sierra Leone, a remarkable institution that has played a pivotal role in our journey towards justice, reconciliation, and peace. Equally, we want to particularly mark this day as a reflection of the legacy of the court and our Government’s commitments looking into the future.
Twenty-two years ago, after extensive consultations and negotiations between the Government of Sierra Leone and the United Nations, the Agreement creating the Special Court was adopted and ratified by the Sierra Leone Parliament. The court’s mandate was clear-“to prosecute those who bore the greatest responsibility for war crimes, crimes against humanity, and other serious violations of international humanitarian law committed in Sierra Leone from November 1996 to the end of the conflict in January 2002”. The court was not just a symbolic gesture; it was a tangible manifestation of our determination to seek justice for the victims and to hold perpetrators accountable for their actions.
The civil war that engulfed our country was a period of immense suffering, loss, and devastation for our people. The establishment of the SCSL was a testament to our unwavering commitment to upholding the rule of law and ensuring that those responsible for the most egregious crimes against humanity would face justice.
Through the unwavering effort of the court, justice has been served. The judgements rendered by the court sent a resounding message that impunity will not be tolerated in Sierra Leone. The legacy of the Special Court is therefore one of justice, accountability, and the recognition of the inherent dignity of every Sierra Leonean.
As we commemorate this significant anniversary, it is imperative that we also acknowledge the integral role played by the Truth and Reconciliation Commission (TRC) in our pursuit for peace and stability. This year marks 20 years since the TRC concluded its work and handed its report to the then-president of Sierra Leone. The Special Court and TRC worked simultaneously, each fulfilling a unique and complementary role in our journey toward healing and reconciliation, and justice. While the Special Court held individuals accountable for their crimes, the TRC provided space for truth-telling and healing, where victims and perpetrators alike could openly share their experiences, grievances, and aspirations for a better future. The TRC went beyond just truth-telling, by making several important recommendations that catalyzed positive change, leading to the establishment of vital institutions that have strengthened our democracy and promoted good governance, accountability, and protection of human rights.
One such institution is the Anti-Corruption Commission (ACC). The ACC plays a pivotal role in combating corruption, which was one of the root causes of the civil war and an impediment to our development and stability. With its mandate to investigate and prosecute corruption cases, the ACC has become a symbol of our commitment to fighting corruption.
Another such institution is the Human Rights Commission for Sierra Leone (HRCSL). This independent body is tasked with promoting and protecting human rights, ensuring that the rights of every individual are respected and upheld. Through its efforts, the HRCSL has become a vital safeguard for human rights, contributing to the building of a human rights culture.
More than twenty years later, Sierra Leone continues to see, in visible terms, the legacy of the SCSL through the work of the Legal Aid Board as one of the vehicles for investments in access to justice. This pioneering institution replicates the Special Court for Sierra Leone´s legal aid system and provides free legal services to indigent citizens and vulnerable groups. The establishment of a National Witness Protection Office is also essential for the effective functioning of our judiciary.
Beyond the establishment of key institutions, the SCSL also shaped processes that continue to improve the rule of law and governance architecture. These include better investigation techniques for our law enforcement personnel, improvements in our case management systems, witness protection mechanisms in our justice system, especially for sexual offenses, etc. We are taking final steps to enact the revised Criminal Procedure Act in Sierra Leone. This draft Bill, which once enacted will replace the Criminal Procedure Act of 1965 has taken on board the spirit and intendment of the International Covenant on Civil and Political Rights, and the principles enshrined in the African Charter on Peoples and Human Rights. This is a testament to how we have taken on board the practices and processes obtained in Special Court proceedings into our justice system. The rights of persons who come into conflict and in contact with the law, expeditious trials, admission of electronic evidence, protection of vulnerable witnesses, suspended or alternative sentences for certain offenses, etc., are notable provisions in the draft Criminal Procedure Bill.
Both these institutions and processes continued to strengthen good governance and human rights protection.
In addition to shaping institutions and processes, these mechanisms helped nurture domestic reflective capacities and competencies. We must also acknowledge that Sierra Leonean personnel who worked with the Court have gone on to work in various justice sector institutions in the country—the Anti-Corruption Commission, the judiciary, the Human Rights Commission, diplomatic missions, and other important positions in government. If we add these to the several lawyers in private practice, police officers, correctional service personnel, civil society activists, personnel and judges who serve on the Special Court’s residual mechanism, those who worked as security, porters, human resource personnel, courtroom managers and clerks, etc., we can proudly say that the Special Court has made an immense contribution to our human capital development as it relates to the justice sector and rule of law strengthening.
We are also proud that we have not only kept the knowledge acquired at the Special Court to ourselves. Through the work of Sierra Leoneans who previously worked at the Court, Sierra Leone is proud to be exporting this knowledge to other mechanisms as part of ensuring accountability and promoting peace and stability around the world. We have former SCSL personnel working at the International Criminal Court in The Hague, the International Law Commission, the Special Tribunal for Lebanon, the International Tribunal for the Law of the Sea, and other important international bodies. From being recipients of peacekeeping services, we are proud to have used our peace and stability, and our knowledge acquired in the process, to contribute to peacekeeping missions abroad. This is part of the Special Court’s legacy. The Special Court’s contribution to the discourse and training on international humanitarian law made it possible for Sierra Leone to train and deploy military and police personnel to peacekeeping missions in other conflict-affected countries on the continent.
It is therefore noteworthy that we are celebrating the Special Court’s legacy at a time when Sierra Leone is taking up its seat as an elected member of the United Nations Security Council in the non-permanent category. Just over twenty years ago, our country was benefiting from the Security Council’s decisions through the deployment of peacekeeping missions as well as the accountability process through the Special Court for Sierra Leone. Today, we are part of the decision-making process to promote peace and stability around the world. This remarkable journey is part of the enduring legacy of the Special Court for Sierra Leone. We are therefore committed to using our unique experiences with these very important transitional mechanisms in Sierra Leone and their respective legacies during our time on the United Nations Security Council.
While the Special Court for Sierra Leone has successfully fulfilled its mandate, our work is far from complete. Building upon the foundation laid by the court, our government is committed to strengthening our domestic judicial system to effectively handle human rights as well as other serious crimes. We will continue to provide specialized training for judges, prosecutors, and investigators, as well as investing in the necessary infrastructure to support the fair and efficient administration of justice.
Government will continue to prioritize the protection and empowerment of vulnerable groups, particularly women and children, who have disproportionately suffered during times of conflict. That is why we are very proud of our government’s enactment and implementation of the Gender Equality and Women’s Empowerment Act, 2022 (GEWE Act). This landmark legislation seeks to address some of the institutional barriers to women’s empowerment and equality in our country through a guaranteed quota for female representation in elective and appointive positions, as well as gender mainstreaming in all aspects of government programming. We have amended the Sexual Offenses Act to provide for stronger protection for women and girls and ensure accountability for sexual offenses in our country.
Moving forward, it is essential to promote a culture of accountability and respect for human rights among our citizens, particularly the younger generation that did not experience the war. The government will therefore prioritize the integration of transitional justice education in schools and universities.
Furthermore, the government will collaborate closely with our international development partners and civil society organizations to fortify our legal framework by making certain international human rights instruments part of our domestic laws. This will include working with parliament to finalize the domestication of the Rome Statute of the International Criminal Court. Sierra Leone was one of the first countries to sign onto the Rome Statute, demonstrating our dedication to fighting impunity for transnational crimes. As a nation that has played an important role in the fight against impunity, we cannot overlook the significance of fully domesticating the statute.
Today, as we reflect on this legacy, we must also acknowledge the establishment of the Residual Special Court for Sierra Leone. The Residual Special Court ensures the completion of outstanding tasks, maintains archives, and promotes justice and accountability. The Residual Special Court also manages the Peace Museum at the former site of the Special Court, thus ensuring that we continue to remind ourselves and provide much needed education to members of the public about the journey we have walked from war to peace. By upholding the principles of truth, reconciliation, and the rule of law, the Residual Special Court reinforces our commitment to confront past atrocities and build a society rooted in justice, peace, and national cohesion. I must acknowledge the work of the Residual Special Court in this area. Together, the Special Court and the Residual Special Court exemplify our dedication to lasting peace and the pursuit of justice in Sierra Leone.
In that spirit, the government therefore wishes to announce its intention to transform the Special Court’s site into a Justice Sector Complex as a one-stop justice center that is equipped to host all our justice sector institutions. These include the Office of the Attorney General and Minister of Justice, the Sierra Leone Human Rights Commission, the Office of the Ombudsman, the Law Reform Commission, the Justice Sector Coordination Office, the Legal Aid Board, etc. We do hope that this complex will also serve and benefit international justice institutions such as the ECOWAS court and the ICC as an outpost in Africa.
I would like to take this opportunity to express our heartfelt gratitude to our esteemed international development partners mainly, the United Nations, for their unwavering support in our pursuit of justice and accountability. We also thank those countries that made voluntary contributions to support the work of the Special Court for Sierra Leone. Your commitment and collaboration have been instrumental in the establishment and success of the Special Court for Sierra Leone. Your continued support will undoubtedly play a pivotal role as we strive to consolidate our achievements and advance the cause of justice and human rights.
In conclusion, as we commemorate the 22 year anniversary of the establishment of the Special Court for Sierra Leone, let us remember the victims of the civil war and honor their memories by renewing our commitment to justice and accountability. Let us seize this opportunity to build a better future for Sierra Leone – a future, where the rule of law prevails, where human rights are protected, and where every citizen can live in peace and dignity.
Let me state at this juncture that Neo-institutionalist scholars remind us that building institutions is one thing, but internalizing the routine practices that will continue to shape our experiences is another thing.
