Speeches

AMERICAN PERSPECTIVE ON HUMAN RIGHTS IN SIERRA LEONE

BY AMB. THOMAS N. HULL TO THE PARLIAMENTARY CONSULTATIVE MEETING ON APRIL 18,2007.

This is the third 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 impending trial of Charles Taylor by the Special Court for Sierra Leone 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, and the new National Commission on Human Rights has raised expectations that recommendations in the Truth and Reconciliation Commission Report and the Government White Paper will be implemented.
 
I am honored that the Chairman of the Parliamentary Committee on Human Rights, the Honorable Alhaji Dr. Alusine A. Fofanah, has decided to use the United States Department of State's 2006 Human Rights Report on Sierra Leone as a point of discussion for strategizing on strengthening human rights protections.  At this point 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 that the document is not intended to be a comprehensive compendium of human rights violations.  The report follows a prescribed format that makes such reports from throughout the world consistent in their presentation.  The examples we cite are intended as illustrative.  I acknowledge that in some instances a single example understates a problem, and in others it may exaggerate the perception of the problem, although that is not our intent.  The credibility of the report depends on its accuracy and we go to great lengths to verify reports and allegations.  If you think we have been inaccurate, or unfair, we want your feedback (send me a letter), because we want this report to be objective and credible. 
 
Human rights have defined the United States of America for 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, and that effort continues in human rights to this day.  As Secretary of State Condoleezza Rice said recently, “We do not issue these reports because we think ourselves perfect, but rather because we know ourselves to be deeply imperfect, like all human beings and the endeavors that they make.  Our democratic system of governance is accountable, but it is not infallible. We are nonetheless guided by enduring ideals:  the inalienable rights of humankind and the principles of democracy toward which all people and all governments must continue striving.  And that includes us here in America.”
 
Human rights officially became part of U.S. foreign policy in 1976 when 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 2006.
 
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 other annual reports related to human rights on each country, for example 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 has improved.  The next step will be to for the National Action Plan on trafficking to be implemented.
 
Although the Human Rights Report cites many deficiencies, it also highlights positive aspects of Sierra Leone’s efforts to protect human rights.   The most notable of these was the creation of the new National Commission on Human Rights which was only sworn into office in December.   If you read the Human Rights Report on Sierra Leone in isolation, it might appear extremely negative.  But, if you read the report in the context of the 196 other reports, Sierra Leone’s performance is better than many countries that have totalitarian rule, extrajudicial murders, torture, political disappearances, suppression of the free press, and oppression of major segments of society.  For example, contrast Sierra Leone with the report on Zimbabwe and you will see a significant difference.

Despite the progress that Sierra Leone is making, such as the recent legalization of dual citizenship, areas of particular concern remain:  arbitrary arrests, prolonged detention without trial, prison conditions, and the status of women and children, to cite some examples.  We recognize that Sierra Leone is not a systematic violator of human rights.  We also acknowledge that many of the Government’s human rights problems persist because of the Government’s resource and capacity constraints, as well as the broader issues of extreme poverty and corruption.  In this environment where Government cannot provide basic services to citizens or even pay its workers a living wage, the prevalence of corruption is not surprising, but it is still unacceptable by internationally recognized standards.  Perceptions of impunity remain a serious obstacle to public trust in government, and stronger anti-corruption efforts are necessary.

The most controversial issues at the past two seminars on the U.S. Human Rights Report are those that many Sierra Leoneans do not see as human rights violations, but as cultural traditions, such as female genital mutilation, forced marriage, and trafficking in persons.  People everywhere in the world find cultural comfort and identity in their traditions, but where traditions involve harmful practices, they need to be modified to meet human rights standards, and that can be done without compromising cultural values.  Respecting individual freedom of choice, for example the freedom to choose one’s husband or wife, strengthens a society and does not weaken the culture.  Sending children to “bush schools” can be valuable in acculturating them and preparing them for adulthood, but as the High Commissioner of another African country recently told me, his people have retained the bush schools, but have stopped circumcising children as part of their indoctrination.  Sierra Leone committed itself along with 18 other African countries in the Dakar Declaration in 2006 to renounce the practice of FGM, but those words must yet be translated into deeds.

I call on Parliament to continue to pass legislation that will bring Sierra Leone up to the international human rights standards that you have already committed to by treaty.  Although Sierra Leone has passed the Anti Trafficking Act, you have not ratified or acceded to the international protocol on trafficking in persons.  Sierra Leone has ratified both protocols for the Convention of the Rights of the Child, but now the Child Rights Bill before Parliament needs to be passed.  President Kabbah has endorsed the Gender Bills, but the Attorney General must send them to Parliament for a vote before it is dissolved in June.

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.

Human rights and civil rights NGO’s can play key roles by advocating reforms and by mobilizing public support for legislative action.  For example, one organization has proposed to Parliament a Freedom of Information Act for Sierra Leone to increase government transparency, and the media and others have called for reform of the Public Order Act of 1965 to address the issue of criminal libel and concerns about freedom of assembly.  I urge Sierra Leone’s next Government and Parliament to be responsive on these issues. Incidentally, the American Government has recently enunciated ten guiding principles regarding the treatment by governments of non-governmental organizations, which we hope Sierra Leone and other countries will abide by since NGO’s are essential to the development of free societies and vital to ensuring accountable, democratic government.

It should be evident from all that I have said that democracy offers the best hope for advancing and protecting human rights.  The United States produces Human Rights Reports because it is strongly committed to advancing personal and democratic freedoms across the globe.  As our Assistant Secretary of State for Democracy, Human Rights, and Labor recently explained, “We focus our efforts on three core components of a working democracy that must be present if human rights  are to be effectively exercised and protected: one, a free and fair elections process with a level playing field to ensure genuine competition; two, good governance with representative, transparent and accountable institutions operating under the rule of law, not rule by law, including independent legislatures and judiciaries; and three, a robust civil society and independent media that can keep government honest, keep citizens engaged, and keep reforms on track.”

Sierra Leone has these components, but they need to be improved and strengthened.  This is why, for example, the American Embassy, through USAID funding for the National Democratic Institute and IFES, is working closely with the National Elections Commission, the Political Parties Registration Commission, the United Nations, and fellow donors to ensure that Sierra Leone’s upcoming elections have a level playing field that will make them free and fair, transparent and credible.
 
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.  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 2006, we funded projects to expand access to justice; monitor local courts, detention centers, and prisons; to publish the Sierra Leone Journalism Review, and to provide civic education through community theater to promote citizen participation in this year’s elections.  The administrator of that fund, Mrs. Anna Piazza, is here today.  You can see her today for details and applications, or you can contact her later at 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 human rights must be respected.
 
Thank you for your attention.