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NEWS STORY
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Sierra Leone: The Truth About the TRC Recommendations
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AllAfrica
By Sunit Bagree & Francis Harding
April 3, 2008
The Truth and Reconciliation Commission (TRC) in Sierra Leone was established as a result of the Lome Peace Agreement (signed on 7 July 1999) between the Government of Sierra Leone (GoSL) and the Revolutionary United Front.
On 27 October 2004, the TRC published its final report, which aimed to help Sierra Leoneans to understand the causes and dynamics of the armed conflict. The TRC was keen to stress that many of the problems which gave rise to widespread violence continued to pose serious threats to the country.
Mr Ping says 'recommendations reflected the will of Sierra Leoneans' The report also contains hundreds of recommendations which, according to the TRC would 'serve as a roadmap towards the building of a new society in which all Sierra Leoneans can walk unafraid with pride and dignity'. Recommendations were divided into four categories (in descending order of priority), 'imperative', 'work towards', serious consideration', and 'calls on'.
At the launch of the final report, United Nations General Assembly President Jean Ping (Gabon) said that the recommendations 'had reflected the will and determination of Sierra Leone to rebuild unity and eradicate impunity'. However, almost 3½ years following the publication of the report, implementation of the recommendations has been highly uneven. This is of great concern to many citizens of Sierra Leone, and also to the wider international community.
Bishop Humper was chairman of the TRC It is deeply disappointing that even those recommendations considered the most important (i.e. 'imperative') have been implemented in a very inconsistent manner. It is necessary to point out that some of the either recommendations (e.g. with regards to right to information and reparations) are extremely important, and could convincingly be argued as warranting 'imperative' status. However, this article focuses on the status o f implementation of the (officially designated) 'imperative' recommendations.
Undoubtedly, there have been some genuine achievements. For instance, a National Human Rights Commission (NHRC) has been created to defend and promote human rights and, crucially, the nomination process for Commissioners is widely considered to have been open. Another major landmark was reached in 2006 with the adoption of a binding Code of Conduct for Judges and Magistrates. Further examples include the range of laws enacted last year to further the realization of women's rights (the three pieces of legislation commonly referred to as the Gender Justice Acts) and child rights (the Child Rights Act).
It is important to note that serious questions remain regarding the enforcement of these instruments.
Moreover, the majority of the 'imperative' recommendations are either struggling in a drawn-out implementation process, or have simply not been implemented at all.
One significant reason for the slow pace of reforms is that important bodies such as the Constitutional Review Commission and Public Service Commission have yet to present their respective final reports to parliament. In addition, there are fears regarding the quality of their work, as both have failed to adequately engage with civil society. A fundamental problem is these bodies and those officially associated with them (i.e. certain parastatals and Ministries) have not publicly explained what problems they are facing and what solutions are being developed to remain on tract.
The stark fact is that there has been no tangible progress on a great number of 'imperative' recommendations. Such recommendations cover a range of issues, such as: repealing undue restrictions on freedom of speech; stopping arbitrary arrest and detention; broadening representation on the Judicial and Legal Services Commission, and increasing representation on the Bar; creating legally-binding rules and regulations governing the behaviour of the security services; ensuring a minimum level of representation for women in all public elections; ensuring that all laws with regards to children conform with international obligations; ensuring that prosecution of corruption cases is free from political interference; disclosing payments and expenditure related to extractive industries, and regulating mining companies; achieving of, and formulating rules and procedures for access to, TRC documentation.
Women stand to benefit from the TRC recommendation. A common perception is that a lack of resources has hindered implementation of the TRC recommendations.
There is an element of truth to this argument. The international community has failed to provide adequate support for implementation of the recommendations. But since the publication of the TRC's recommendations, the GoSL has not managed available resources in the most effective manner, as evidenced by dubious budgetary allocations and widespread corruption.
Moreover, many recommendations do not actually require a huge amount of resources to implement, suggesting a lack of political will on the part of the GoSL (past and present).
Perhaps it is of little surprise that there are so many gaps when one considers that two out of the three 'imperative' recommendations for a Follow-Up Committee - related to civil society representation and public communications - have not been met. Surely these straightforward issues represent an obvious starting point for a sustained push to complete the task of implementation?
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