Speeches

American Perspective On Human Rights In Sierra Leone

May 5, 2005

KEYNOTE SPEECH ON THE AMERICAN PERSPECTIVE ON HUMAN RIGHTS IN SIERRA LEONE BY AMBASSADOR THOMAS N. HULL TO THE PARLIAMENTARY CONSULTATIVE MEETING ON MAY 9, 2005

This consultative meeting on human rights, supported by the UNDP, between Members of Parliament, human rights organizations, civil society groups, and international NGO's shows the progress that Sierra Leone has made in recovering from the situation of just a few years ago when human rights atrocities were a daily occurrence. The Parliamentary Committee on Human Rights is another indication of increasing respect for human rights in Sierra Leone, as is the recently passed law to establish a National Commission on Human Rights.

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 2004 Human Rights Report on Sierra Leone as a point of discussion for strategizing on strengthening human rights. 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.

This concern for human rights extends to America's foreign policy. President Bush, in his second inaugural address in January, said, "From the day of our founding, we have proclaimed that every man and woman on this earth has rights, and dignity, and matchless value because they bear the image of the maker of heaven and earth. Across the generations we have proclaimed the imperative of self-government, because no one is fit to be a master, and no one deserves to be a slave. Advancing these ideals is the mission that created our nation."

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 2004.

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. In case you are wondering, Sierra Leone gets high marks for religious freedom and low marks for trafficking in persons. The Secretary of State will release the 2005 Trafficking in Persons Report on June 1. In the absence of a Trafficking in Persons law, Sierra Leone’s improvement will be marginal.

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 not among the most egregious violators of human rights. In fact, Sierra Leone is praised for progress in recovering from internal conflict. The work of the Truth and Reconciliation Commission is cited, but to be effective as an instrument for human rights, it must be published and its recommendations 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.

Some areas of particular concern in Sierra Leone are arbitrary arrests, 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. Unlawful arrests and unfair verdicts are manifestations of this in law enforcement. It has also rendered civil libel judgments meaningless, making reform of seditious libel in the archaic Public Order Act of 1965 more difficult. 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.

In March, the United Nations Secretary General appealed to heads of state to sign and ratify or accede to 9 human rights-related treaties that will be among the 32 multilateral treaties that will be the focus of the UN Summit in September. Of the nine, Sierra Leone has signed two, ratified three, and acceded to three. Sierra Leone has not yet signed the Convention on the Prevention and Punishment of the Crime of Genocide. By accepting this Convention, Sierra Leone could easily enhance its reputation for respecting international norms.

This Parliament could be more assertive in the legislative process by passing legislation that will bring Sierra Leone up to the international standards that you have already committed to by international treaty. Sierra Leone has ratified both protocols for the Convention of the Rights of the Child, but the child rights bill is still pending. Similarly, Sierra Leone has signed, but not ratified or acceded to, the international protocol on child trafficking, and draft legislation against child trafficking is still before Parliament. I am looking forward to meeting with members of the Parliamentary Committee on Human Rights very soon to discuss the anti-trafficking issue ahead of their travel to educate constituents about this legislation. Passage of this legislation is imperative not only for the condition of children, but also for continuation of American aid.

More laws have been proposed by the Law Reform Commission, but too often they are languishing in the Office of the Attorney General. Although the commission has proposed several law reforms on many issues, not one draft law has reached the Parliament. Two draft laws pertaining to human rights are pending with the Attorney General: the Sexual Offenses Act of 2004, which would modernize and strengthen the current judicial procedures for sexual offenses particularly against children, and the Citizenship Amendment Act, which would permit dual citizenship. Another important draft law will soon reach the Attorney General's Office: The Law of Succession and Inheritance which will ensure all Sierra Leoneans, regardless of gender, religion, or ethnic background, equal rights to succession and inheritance. Two other law reforms are in the formative stage: a Law on Disabilities and a more Comprehensive Amendment to the Citizenship Act that would end discrimination against women and people of non-African ancestry.

Greater political support for the Law Reform Commission might expedite the submission of draft laws by the Attorney General to the Cabinet and Parliament for approval. Human rights organizations and civil rights NGO's can play a key role by mobilizing public support for legislative reforms. Parliament itself could be more pro-active by agitating for expeditious release of such legislation, and could make a major contribution to the condition and reputation of Sierra Leone by promptly considering draft laws when they reach Parliament. A positive and productive relationship between Parliament and the Anti-Corruption Commission would enhance the effectiveness of anti-corruption efforts.

Now that the legislation establishing the National Human Rights Commission has been enacted and signed, the law needs to be implemented as soon as possible for the benefit of the citizens of Sierra Leone and for the confidence of the international community in the Government's commitment to human rights. Establishing laws is important, but implementing them is essential. Progress on human rights, including related progress on judicial reform and anti-corruption, will influence donor country decisions on support for Sierra Leone's Poverty Reduction Strategy Program. The appointment by the President of Human Rights Commissioners would be a simple way to reaffirm the Government's commitment. The Commission could possibly take responsibility for producing Sierra Leone’s own Annual Human Rights Report, as proposed by Chairman Fofanah.

Some human rights problems are easier to rectify than others. The replacement of the century-old, overcrowded Pademba Road Prison is an urgent need, but it requires resources and time. Law enforcement reform and training are essential, especially for the police, judiciary, and prison guards, which the DfID Commonwealth Program is thankfully providing. I expect the United States as well to sponsor training programs this year to improve the professionalism of the police. Sierra Leone is also fortunate to have the British IMATT program which is training the military about its proper relationship to civilian authority.

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 American Embassy intends to cooperate closely with the Parliamentary Committee on Human Rights to advance our mutual concerns. More broadly we are 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 2004 report for Chairman Fofanah, and copies of the Sierra Leone portion for you. The report describes U.S. Government support for local elections, decentralization, professionalization of journalism, paralegal training for human rights, advocacy on FGM, reducing child labor in diamond mining, IMATT participation, and the Special Court for Sierra Leone. In 2005, we will also 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.

Before concluding, I would like to draw your attention to 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 2004, we funded projects to monitor prison conditions and to raise FGM awareness, among others. Details and applications are 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.