Constitutional Review Goes Up in Smoke – And the People Lose Again

LLI.WEST AFRICA BEAURAL.12TH.DEC.2017----Siera Leon

 After three years of arduous work collecting, deliberating and collating views across the country for a new constitution, it looks like Sierra Leone may end up not having one – yet again.

In its official response to the recommendations of the Constitutional Review Committee (CRC), the government issued a white paper in November which made short work of the 680-page, recommendation-laden report of the 80-person committee.

According to the white paper, the committee was mandated to ascertain "from the people of Sierra Leone, their views on the operation of the 1991 Constitution…, in particular the strengths and weaknesses… and articulate the concerns of the people …. on amendments that may be required for a comprehensive review of the 1991 constitution."

The committee claimed to have done exactly that when it submitted a final report to the President in 2016. It reportedly received several thousand suggestions from the public through submission forms, as well as dozens of position papers from institutions and individuals within and outside the country.

 However, the content of the white paper suggested that either the government did not really think that the committee truly represented the views of the people or it simply did not like the views expressed by the people.

Of 134 recommendations set out in the white paper, the government rejected a whopping 102. The main justification was that the provisions in the current constitution are adequate or that existing statutes already addressed the issue.

As far back as 1999, when the warring factions in the country's civil conflict were negotiating for peace, there were calls for a review of the constitution. Article 10 of the resulting Lome Peace Accord called for a review to ensure it "represents the needs and aspirations" of the people.

The country's post-war Truth and Reconciliation Commission, noting that the current constitution was not "the product of a wide, participatory process", felt it was desirable to reformulate the document, particularly its bill of rights, to take into account the full range of the country's international human rights obligations.

The first attempt at constitutional review started in 2007 but fell short of completion. The review commission produced a report in 2008 recommending certain amendments to the 1991 constitution. Unfortunately, it simply gathered dust on a government shelf.

After much fanfare, the new 80-person constitutional review committee was launched by the President in July 2013. The President reportedly called on all to "fully participate and take ownership of the entire review process."

Against this backdrop, it is fair to say that the government's response to the recommendations of the review committee and the subsequent legislative action betray the principles on which the process was built. It also devalues the struggle of the people to build a better post-war society based on rules that reflect their circumstances.

It is important to point out that many of the recommendations from the committee that met the approval of government were either cosmetic in nature or limiting of recognised basic rights. For example the government accepted a recommendation to include the words "human dignity" and "equality" in the chapter of the constitution known as the "fundamental principles of state policy" but rejected the recommendation to make these principles "justifiable."

Similarly, the government also accepted a recommendation to amend the description of the bill of rights section to include in the constitution an obligation to promote human rights, but did not accept recommendations to abolish the death penalty, to ensure the equality of women and men in political, economic, cultural and social spheres, or to include a right to the environment, the rights of the aged, the rights of persons with disability or the rights of children.

As though they were not satisfied with simply refusing improved constitutional protection of rights, they approved a recommendation to include a new "clawback clause" to the existing ones in the bill of rights – by highlighting "national security interests". This is a limitation which will afford opportunities to the government to constrain rights even further.

Being the opportunists that governments are known to be, the white paper also includes some "suggestions" from the government that were not covered in the review committee's recommendations.

For example, the government has proposed a reduction in the threshold for election to the office of president from 55 percent of valid votes cast to "more than fifty percent." It argues that the economic cost of run-off elections and national security concerns necessitate this alteration. But others see it as an attempt to change the rules of the game, with a little over three months left to general and presidential elections.

The Attorney-General's office is now rushing a constitutional amendment bill through parliament to give effect to the government's "suggestions" and make some cosmetic "choice of words" changes to the constitution. 

The governing party has a clear majority in parliament and the bill is expected to pass without any significant challenge.

In its haste however, the government has not been able to mask the deception inherent in the bill, the object of which is ostensibly "to make better provision for the recognition and protection of fundamental human rights and freedoms of the individual….". Sadly, none of the provisions in the amendment bill touch on any of these rights and freedoms, let alone make better provision to recognise and protect them.

The government seems to have an agenda with this bill and it is not about crafting a good constitution or giving effect to the views of the people.

" Good constitutions are not imposed" the President reportedly said at the launch of the review process in 2013, "…they are genuine pacts amongst citizens to constitute themselves into a polity that they would love and honour and whose interests they would put above all else…."

These words ring hollow in the face of government's determination to silence the voice of the people and hijack what is supposed to be a citizen-based decision-making process. Sooner or later, the people will become tired of losing.Also read http://kingssezi.blogspot.com/2017/02/ (Africa's constitutional coup, A threat to Democracy)

Modern Day Slave Trade: Here's What You Should Know About The Sale Of Migrants In Libya

LLI.CONF.30TH.11.2017.

A CNN expose revealing video footage of men being sold at a slave auction in Libya has begun to capture the world’s attention.

Here’s what you need to know about the modern slavery crisis confronting the North African country.

Modern slavery has been a problem long before the video footage was released.

Reports of African migrants and refugees, particularly women and children, being abused and forced into labor and prostitution in Libya made rounds in mainstream media as early as February. However, reports estimate that 89 million people have been forced into some form of modern slavery over the past five years.

Women and girls are disproportionately affected. They account for 99 percent of the victims of the COMMERCIAL SEX TRADE and nearly 60 percent of all other sectors that use forced labor.

The current slavery crisis in Libya stems from the smuggling of migrants — many who seek refuge and opportunities in Europe — who have paid guides (TRAFFICKERS/DEALERS/SPONSORS) to lead them from their home countries. 

However, at transit points along the journey,smugglers have abducted migrants  or held them at ransom for thousands of dollars until the migrants’ families pay to complete the journey. Consequently, many people never reached their destination and are either rounded up in detention centers by government authorities or forced into labor or PROSTITUTION by human traffickers.

Its geography and political instability has made Libya a hotspot for forced labor, trafficking, and abuse.

Because of its location on the Mediterranean coast, Tripoli, Libya’s capital, has become a hot spot for migration and human trafficking. While awaiting deportation to their home countries at government detention centers, migrants become vulnerable to looming smugglers and human traffickers.

Instability in Libya — brought by AMERICA and other western countries  toppling Libya’s Prime Minister, Muammar Gaddafi, in 2011 — has made it more difficult to regulate and control this abuse, making the country "virtually lawless." 

Where are refugees and migrants being forced to work and why are they being victimized?

More than half ( while some estimate up to 90%)  of reported victims of slavery and human trafficking around the globe are forced into private sector work in industries ranging from CHOCOLATE FARMS owned by multinational companies to construction and mining. An estimated five million people become victims of protitution and forced mariages,  and some have even been MURDDERED for their ORGANS.

Enslaving and subjugating desperate workers and vulnerable women and children provides businesses with cheap or no cost labor, provides wealthier families with cheap domestic labor, and provides an income to traders and traffickers with little to no government regulation. Essentially, the market for slavery will continue to exist as long as the PROFIT MOTIVE exists.

Why are people migrating to begin with?

The political and economic crises facing many west African countries — like Nigeria, where the stark drop in oil prices have left many residents desperate for work — has spawned a spike in migration. 

In addition to migrants from Sudan,south Sudan,Uganda, Kenya, DR.Cong and Zambia, reports show that most of those fleeing to Europe through Libya are from the west African countries of GHANA.NIGERIA.CAMEROON.SENEGAL and THE GAMBIA.

The historical context cannot be lost here. The same European countries that destabilized the economies of African nations and stole their resources through colonization and the trans-Atlantic slave trade are those guarding their borders through tough immigration laws. This has helped facilitate the DEADLY and DANGEROUS  illegitimate migration of west Africans today.

While raising awareness of this global crisis and punishing smugglers are important measures, creating policies that can help west African countries and other African countries secure economic stability and limiting Western military occupation of these countries are even more valuable.