Speeches

American Perspective on Human Rights in Sierra Leone

PRESENTATION ADDRESS ON THE
AMERICAN PERSPECTIVE ON HUMAN RIGHTS IN SIERRA LEONE
BY AMBASSADOR THOMAS N. HULL
TO THE PARLIAMENTARY CONSULTATIVE MEETING
ON APRIL 13, 2006
 
 
This is the second consecutive year that the Parliamentary Human Rights Committee has organized a consultative meeting on human rights.  I am glad to see that so many of you have come and that there is a growing audience for this very important discussion.  The arrival last month of Charles Taylor to the Special Court for Sierra Leone was a watershed event for the world, and demonstrates a growing sense in the region that it is time to end impunity for those who are responsible for the most egregious violations of human rights.  Although many obstacles remain before human rights are fully protected in Sierra Leone, this gathering makes it clear that there are a large number of Sierra Leoneans who are committed to making changes to the conditions that led to the atrocities of the past.  The Parliamentary Committee on Human Rights has emerged as a leader in increasing respect for human rights in Sierra Leone.  I hope to see other bodies, such as the National Commission on Human Rights, follow in Parliament’s footsteps soon.
 
I am honored that the Chairman of the Parliamentary Committee on Human Rights, the Honorable Alhaji Dr. Alusine A. Fofanah, has once again decided to use the United States Department of State's 2005 Human Rights Report on Sierra Leone as a point of discussion for strategizing on strengthening human rights protections.  Before I offer my own comments on steps that might be taken to enhance human rights in Sierra Leone, I think it would be helpful to give you some of the history of the Human Rights Report, an explanation of how it is structured, and a short description of how it is prepared.
 
I trust that you have had an opportunity to read the report.  I have no doubt that among you there are some who would take issue with the report, depending on your predisposition, as being too benign or too critical, too neutral or too political, pro-Government or anti-Government, or even as culturally insensitive.  Allow me to say simply at this point that the document is not intended to be a comprehensive compendium of human rights violations, but we have striven to be accurate, objective, and fair.  The report is based on international standards for human rights, but follows a prescribed format that makes such reports from throughout the world consistent in their presentation.
 
Human rights have defined the United States of America for nearly 230 years, dating back to our Declaration of Independence from Great Britain in 1776, which decreed the rights of all people to "Life, Liberty, and the Pursuit of Happiness."   The history of the United States has been, in large measure, an effort to create a more perfect society consistent with those goals.  Slavery, for example, was tolerated for the first 88 years of our existence, but 365,000 Americans gave their lives in our Civil War to end that pernicious practice.  Civil rights for the descendants of slaves and other minorities, for women, for immigrants, for the disabled, for criminals and their victims, and for the dispossessed of our society have required constant vigilance in more recent decades.
 
Human rights officially became part of U.S. foreign policy in 1976 out of a concern among Americans that our security assistance was being used by some authoritarian regimes to oppress their citizens.  A law was passed requiring the Secretary of State to transmit to Congress by February of each year "a full and complete report regarding the status of human rights."  The first Human Rights Reports, released in 1977, covered conditions in 82 countries.  Since then the scope of the reports has expanded, bringing the total, including Sierra Leone, to 196 for 2005.
 
The report on each country details its record and performance on protecting and promoting the rights enshrined in the 1948 Universal Declaration on Human Rights.  The structure of the report is the same for all countries with six broad categories: (1) the integrity of the person, (2) respect for civil liberties, (3) respect for political rights, (4) the government's attitude toward outside investigations of alleged human rights violations, (5) discrimination, societal abuse, and trafficking in persons, and (6) workers' rights.  Within the categories there are more specific sections, for example for freedom of speech, rights of women and children, and transparency and corruption.
 
Each American Embassy compiles human rights information throughout the year from sources across the political spectrum, including government officials, journalists, human rights organizations, academics, and activists.  The process has certain requirements:  precise language to indicate who committed the abuse, verification of reports of abuse, and follow up on human rights violations from previous years, especially if the government took no action.  The distinctions between existing laws and law enforcement are highlighted, since the two can be at odds.  The embassies produce draft reports that are submitted to the State Department's Bureau of Democracy, Human Rights, and Labor, which then produces the final version of each country report in consultation with other State Department offices and outside sources.
 
The State Department also produces two other annual reports related to human rights on each country: the International Religious Freedom Report and the Trafficking in Persons Report.  Sierra Leone has consistently received high marks for religious freedom.  Thanks in part to Parliament’s passage of the Anti Human Trafficking Act in 2005, Sierra Leone’s record in Trafficking in Persons is beginning to improve.  The next step, of course, is to begin enforcing the new law, which includes the activation of a national Trafficking in Persons Task Force, which should develop a National Action Plan and make recommendations to an Inter Ministerial Committee on ways to reduce trafficking.
 
If you have read the Department of State's “Introduction to Country Reports on Human Rights” that I believe you have been given, you will note that Sierra Leone is no longer among the most egregious violators of human rights.  The Introduction notes with concern, however, the human rights abuses occurring in Cote d’Ivoire due to the ongoing political crisis.  This is a stark reminder that peace in the sub-region remains fragile.  The Truth and Reconciliation Commission has been praised for the impact it had on helping Sierra Leoneans cope with their tragic past, but to be effective as an instrument for protecting human rights and promoting stability in the sub-region, its recommendations must be implemented.  The Human Rights Report on Sierra Leone is, on the whole, positive, but it does detail numerous abuses and shortcomings that need to be rectified.
 
Not all of the information in the Human Rights Report is critical.  The report also highlights positive aspects of Sierra Leone’s efforts to protect human rights.  For example, in this year’s report, we highlight the fact that the judicial branch took action to improve excessively long pretrial detentions by dismissing charges, releasing detainees on bail, and beginning delayed trials.  We also reported that the chief justice introduced a code of conduct for judicial officers in an attempt to reduce corruption in the judiciary.  Another bright spot on the horizon was with the police: human rights training is now standard procedure for new recruits, and the police complaints division disciplined approximately 150 police officers in response to citizen complaints.  In addition to Sierra Leone’s strong record of protecting citizens’ rights to religious freedom, Sierra Leone’s record of guaranteeing freedom of association is also strong.  I hope that both the government and ordinary Sierra Leoneans maintain this direction as the 2007 election season looms. 
 
Since my appearance before Parliament last year to discuss the Human Rights Report, Sierra Leone has made progress.  However, the areas of particular concern remain generally the same: arbitrary arrests, excessive detention without trial, prison conditions, criminal libel, the status of women and children, and trafficking in persons.  Sierra Leone is not a systematic violator of human rights, but many of the human rights problems are persistent because of the Government's resource and capacity constraints, as well as the broader issues of poverty and corruption.  In this environment in which Government cannot provide basic services or even pay its workers a living wage, the prevalence of corruption is not surprising but still unacceptable.  Official impunity remains a serious obstacle to public trust in government.  Perhaps the most difficult human rights issues are those stemming from entrenched cultural traditions: female genital mutilation, forced marriage, and trafficking in persons.
 
Although the United States recognizes these constraints and obstacles, we retain our expectation that Sierra Leone will continue to make progress in eliminating human rights abuses.  We measure performance, so good intentions must be matched by results.  There are actions that the Government and people of Sierra Leone can take to improve the human rights environment despite the circumstances of the country.
  
I call on the Government of Sierra Leone to assist Parliament in passing legislation that will bring Sierra Leone up to the international standards that you have already committed to by international treaty. For example, although Sierra Leone has passed its Anti Human Trafficking Act, Sierra Leone has not ratified or acceded to the international protocol on trafficking in persons.  Also, Sierra Leone has ratified both protocols for the Convention of the Rights of the Child, but the Child Rights Bill is still pending in Cabinet. 
 
I am happy to see that the Attorney General’s Office has begun to forward legislation drafted by the Law Reform Commission to the Cabinet and Parliament.  The first such draft law is the amendment to the Sierra Leone Citizenship Act.  The Law Reform Commission has forwarded 11 other draft laws to the Office of the Attorney General, and I encourage that office and the Cabinet to forward these draft laws to Parliament expeditiously for consideration.
 
I also encourage the Parliament to exercise its authority to introduce private member bills as a way forward in supporting human rights legislation.  A prime opportunity would be to nationalize legislation implementing the Convention for the Elimination of Discrimination Against Women, or CEDAW, an international treaty to which Sierra Leone is a party. 
 
Human rights organizations and civil rights NGO's can play a key role by mobilizing public support for legislative reforms.  One example is support for Freedom of Information legislation.  In the United States shortly after World War II, an association of journalists began to advocate for freedom to combat what had become a culture of government secrecy.  Passage of the first Freedom of Information Act did not occur until 1966, and the law had to be amended later because there was no timeline for compliance, penalties for noncompliance, or oversight.  The Act was amended a number of times in succeeding years and was pushed along by public disdain of government officials during the Watergate scandal in the early 1970s.  Although such legislation is new to Africa, we in the United States have learned over time that government accountability rests on a fair degree of transparency.  South Africa led the way in implementing Freedom of Information legislation on the African continent in 2000, and other African countries, such as Botswana, Ghana, Kenya, Lesotho, Nigeria, and Uganda, are beginning to follow.   
 
Progress does not depend entirely on Government and donors.  Civil society can and should make a difference.  In every country - mine included - there will always be individuals who commit human rights violations.  Civil society organizations can protect citizens against such abuses by educating them about their rights, by encouraging their participation in civic life, and by pressuring for a system that will protect victims and punish violators.
 
The United States is committed to helping Sierra Leone with democratization and governance, fighting trafficking in persons, and supporting civil society to promote human rights. The State Department produces another annual report called Supporting Human Rights and Democracy.  I have brought a copy of the full 2005 report for Chairman Fofanah, and copies of the Sierra Leone portion for you.  The report describes U.S. Government support for the Special Court, women’s rights, reduction of child labor, and local government.  In 2006, we will continue to support human rights through new or expanded programs to reform the electoral system, to combat trafficking in persons, to reform the diamond sector, and to strengthen community radio.
 
One of the ways we promote democracy at the grass roots is through the Ambassador's Fund for Democracy and Human Rights. We are constantly seeking appropriate proposals from indigenous civil society organizations for small-scale projects. In 2005, we funded projects to bring Parliament’s operations closer to the people and highlight human rights concerns through drama, among others. Details and applications are always available from the Self-Help Office at the American Embassy.
 
I would like to thank Dr. Fofanah for inviting me here to discuss human rights and more specifically the Department of State's Human Rights Report. I hope that my comments will be helpful as you address our common concern for human rights in Sierra Leone.  The international community is supportive of your efforts, but ultimately progress will depend on the will of the Government and people of Sierra Leone. The implications are huge. Human rights are the foundation of democracy, and if democracy is to succeed and if development assistance is to increase, human rights must be respected.
 
Thank you for your attention.