Appendix 2, Part 1: Submissions

APPENDIX 1

SUBMISSIONS TO THE SIERRA LEONE
TRUTH AND RECONCILIATION COMMISSION (TRC)

NATIONAL FORUM FOR HUMAN RIGHTS
SUBMISSION TO THE TRC

Introduction

The National Forum for Human Rights (NFHR) is a federation of local human rights and rights related, an organization that coordinates collaboration and networking among local human rights groups. It was represented at the signing of the Lome Peace Agreement and has since being involved in activities around the TRC, one of the tenets of the Agreement. NFHR has more especially played a leading role in sensitizing traditional rulers and communities that suffered the brunt of the wars about the importance of the Truth and Reconciliation Commission.

As one of its main activities, The National Forum was part of a network of both international and national human rights organizations that closely monitored and in some cases documented gruesome human rights violations/abuses during the armed conflict. Our experiences have revealed to us accusations and counter accusations by individuals and groups as to who is responsible for the enormous damages caused to the people of Sierra Leone. Everybody seems to vindicate his/her self of the role he/she played in the armed conflict. The question then is; who is responsible if everybody claimed not? This question is hoped to be answered by the TRC, thus the reason for the enormous importance the National Forum has attached to the work of this commission.

It is in this regard that the National Forum for Human Rights is forwarding this humble submission as requested by the Commission.

ROOT CAUSES OF THE CONFLICT IN SIERRA LEONE

l. The emergence and perpetration of undemocratic governance since independence in 1961

The Sierra Leone People's Party (SLPP) was the party that formed the government immediately after independence and the All People's Congress (APC) formed the opposition. The subsequent election that was conducted in 1967 proved to be very controversial with each party allegedly getting 32 seats. Six seats however went to the independent candidates. Sierra Leone then started to experience serious political upheavals through the cracks of the aftermath of the 1967 general elections that saw the subsequent seizure of power by members of the armed forces.

The political scene continued to deteriorate and culminated into a military coup d'etats led by Brigadier Lansana, and a counter coup which established the National Reformation Council (NRC) with its leader as Juxon Smith. After about thirteen months in power they were toppled by non commissioned officers who formed the Anti-Corruption Reformation Movement (ACRM), which reinstated Siaka Stevens and his APC party. The APC feeling threatened started working towards a one party state, which they inter alia boycotted when the then ruling party (Sierra Leone Peoples Party) tried to introduce and establish. This was an indicator that the country will be plunged into violent and complex conflict.

Electoral fraud or rigging is another causative factor of the ten years war. From the 1967 election, which introduced stalemate in the general election, the political history of Sierra Leone continued to demonstrate this same tendency in other subsequent elections. The perpetration of electoral fraud and election rigging by politicians in power even after the expiration of their mandate, engendered distrust and dissatisfaction among the Sierra Leonean populace.

As a corollary to the above, was the stage-management of coups to get rid of political opponents. Supporters of politicians who were extrapolated in these alleged coups were executed. This resulted to factionalism as some sections of the Sierra Leonean society became disgruntled and to some extent vindictive.

In addition to this, is the over centralization of state machinery to the exclusion or isolation of rural communities. This is more the reason why it is generally echoed that 'Freetown is not Sierra Leone'. This resulted to severe inequalities in the distribution of state structures and functions, to the dissatisfaction of greater majority of the population.

During the above stated period especially in the late 1970 to 1991 the rights of people were grossly violated with impunity. The rights to freedom of association and assembly, freedom of the press and expression, political participation etc were egregiously violated by the state administration. Citizens were disenfranchised and party stalwarts made to go unopposed.

This environment served as a fertile ground for the recruitment of these resented politicians and citizens into the rebel movement.

2. Political intrusions into the State Security Agencies

Few years after independence, the main scene in Sierra Leone was military coups, of open military intervention in political life, the establishment of military governments or installation of military presidents, sometimes accompanied by the dissolution of political parties and heavy restrictions on democratic activity of civilian society, at other times buttressed by a single party political system. On the other hand where the governments was officially civilian, the army was playing a major role in every decision they took.

There were serious lapses in the security institutions due to political interference. Since independence, there were deliberate and calculated moves by politicians, to politicize the law enforcement institutions. The recruitment into the police, army and the Special Security Division (SSD) was purely on the basis of nepotism and not on qualification.

The card for recruitment was then introduced wherein recruitment into the forces were only based on the possession of a card from a politician or party stalwart. The recruitment into the forces therefore gradually became skewed in favor of a particular sect up to the outbreak of the war in 1991, the majority of whom were close relatives of the politicians.

The involvement of senior mi1itaty and police officers into the day-to-day political activities during the one party era (1978-1992) also added to the factors that led the military to become unprofessional. Heads of the police and military were members of parliament, thus becoming more of politicians than security agents. Attempts by pressure groups to force the APC to introduce multi party democracy was therefore met with the stiffest resistance from the law enforcement agencies not based on principle but on personal interest.

Through this mean a lot of people were sent on exile while others were forcibly alienated from actively participating in the politics of the country. Most of these people became part of the main vanguard of the rebel movement.

3. Weakening of the National Judiciary System

The judiciary has not been independent for the past two decades. The executive arm of government was directly involved in the judicial processes, which invariably inhibited access to justice. Backlog of cases became the order of the day as the courts became overcrowded with cases. "Justice delayed is justice denied". People were held custody for long periods without trial. Most Magistrates and judges were accused of being notorious for bribe taking and were known to have adjudicated matters in favour of their clients.

The instruments and structures used by the judiciary were and are still obsolete. Most of the laws are not in consonant with international standards and therefore only protected the political aspiration of the ruling party.

The customary judicial system levied fines that were not commensurate with crimes committed. To some extent, this led to migration of some youths who became dissatisfied with the system. There are instances where such returnees as rebels have wrecked mayhem and destruction in return for the ill treatment meted out to them in the past.

4. Breakdown in the Socio-Economic structures

Widespread and endemic corruption and mismanagement in both the private and the public sectors, incapacitated the state machinery resulting to the notorious 'vouchergate/squnadergate' saga of the late 80s. It was a general belief that officials of government were to be tipped to undertake jobs for which they were paid. There was no care for government property as people used them to achieve their own purposes. In short, corruption was institutionalized. In addition to this, massive unemployment coupled with poor conditions of service militated against efficiency.

Education was seen as a privilege and not a right. The high rate of fees, which the average Sierra Leonean did not afford due to poor conditions of service left many children without access to education. Government's inability to pay salaries, which led to the infamous go-slow system further exacerbated the situation, thereby grinding the entire system to a halt.

Lack of essential items like rice, petrol, etc., in in the market brought about the 'queue' element that created so much dissatisfaction among the populace to the extent of loosing confidence in the government and looking forward for a Moses to free them from bondage.

On the issue of tribalism, jobs were not given on merit but by 'connectocracy' resulting to square pegs in round holes. These categories of people were not only inefficient but also corrupt. They embarked on selfish ploys in raping the country of its resources. At the same time, these half-baked square pegs were basking in economic prosperity and and affluence while the mass of the Sierra Leonean populace were languishing in misery and poverty. The short cut to economic emancipation for the youth in particular was to flood the mines where illicit mining and smuggling was the way of life supported by state agents who are supposed to guide.

The above stated conditions served as stimulli for the conception and execution of the war as the only means of correcting the unfavorable state of affairs in the country.

ROLES OF ACTORS

The actors in the conflict included RUF/AFRC, Government forces, ECOMOG/ UNAMSIL and the Civil Militia.

RUF/AFR
Amputation
Arson resulting to burning of houses, Churches, markets, Mosques etc.
Killings
Rape
Torture
Ambushed commercial transportation
Recruitment of child soldiers
Widespread looting
Child labour and enslavement
Extermination
Acts of terror
Abduction of civilians and UNAMSIL peacekeepers
Revenge killings

CIVIL MILITIA
Killings
Serve as state defacto security
Torture
Looting
Recruitment of child soldiers
Ambushes
Extermination
Revenge killings

GOVERNMENT FORCES
Revenge killings
Rape
Torture
Looting
Use of child soldiers
Collaboration with RUF (Sobel)

ECOMOG -1997 to 2000
Killings - Military intervention and repelling the 1999 January 6 invasion of Freetown by rebel forces
Disarmament
Provided security for the ruling administration
Restoration of democracy and government authority in 1998

UNAMSIL
Disarmament
Restoration of government authority.

COUNTRIES
Liberia
Involved in diamond trade in exchange for arms
Provided mercenaries for the RUF/AFRC
Fuelled the war
Exploited the country during the war years
Harbored the rebels
Served as arms transit point

SUBMISSION BY AMNESTY INTERNATIONAL

AMNESTY INTERNATIONAL                             Tel: (232)(22) 227354
Sierra Leone Section                                        Fax: (232)(22) 222053
16 Pademba Road, PMB 1021 Freetown         Email: aislf(d,sierratel.sl
Wednesday, March 26, 2003

Rt. Rev. Joseph C. Humper Chairman
Truth and Reconciliation Commission
Brookfields
Freetown

C/O    Executive Secretary
          NGO Laison Officer

Dear Sir,

SUBMISSION OF REPORTS

Reference to your letter of 29t1' November 2002, and the subsequent reminder sent early this year, I forward herewith copies of relevant documents received from our International Secretariat in London which could be important to your work in the commission. These documents are classified as follows:

a. PRESS RELEASES: Thirty-two press releases covering the period June 1995 - January 2002

b. URGENT ACTIONS: Twenty-five Urgent Actions appeals on Sierra Leone ranging the period

c. 1992 – 1998.

d. ANNUAL REPORTS: Excerpts of our Annual Reports relating to Sierra Leone from

e. 1992 – 2002.

f. BRIEFING DOCUMENTS: Seventeen Briefing Documents dealing with specific documents

g. covering period May 1994 - September 2001.

These documents reflect the organisation's views on the background to the conflict, the role of actors and institutions, and recommendations on how to avoid a repetition of conflict.

We therefore hope that the documents hereby submitted will be useful to your work for sustainable peace in Sierra Leone.

Respectfully yours
Momoh A. Jimmy
Campaign Coordinator and Group Development Officer

Please see the attached documents sent: -

1. PRESS RELEASES
DATE: HEADLINES
21/1/2002: An independent prosecution must be assured.
24/9/2001: Renewed commitment needed to end impurity.
7/9/2001: DIAMONDS: International certification system assured to help end killings abduction and torture of civilians
4/5/2001: GUINEA AND SIERRA LEONE BORDER: Fighting continues endanger civilian lives
24/4/2001: The International community's resolve to end impunity must be strengthened.
13/2/2001: The UN Security Council must make the Special Court effective and viable
31/8/2000: Action needed to end use of child combatants; ending impunity an opportunity not to be missed.
30/6/2000: Amnesty International calls for fast and effective action on diamonds.
30/6/2000: Rape and other forms of sexual violence must be stopped.
21/6/2000: Voices of victims of Human Rights abuses from Sierra Leone.
17/6/2000: Government must clarify charges against detainees.
15/6/2000: Amnesty International condemns continuing RUF attacks on civilians.
31/5/2000: Cutting the links between diamonds and guns.
17/5/2000: Human Rights violators must be brought to justice.
10/5/2000: Civilians face real and immediate threat to their fundamental human rights.
30/11/1999: Escalating human rights abuse against civilians.
4/8/1999: The Security Council should clarify the United Nations position on Impunity.
22/1/1999: UN human rights presence reduced as abuses worsen.
14/1/1999: Escalating human rights crisis requires urgent action.
20/l0/1998: Executions of 24 soldiers after an unfair trial, a blow to reconciliation.
12/10/1998: 34 soldiers could face imminent execution.
27/8/1998: Amnesty International appeals for commutation of 16 death Sentences.
8/5/1998: Amnesty International receives shocking information about Mounting atrocities in Sierra Leone.
11/2/1998: Civilians deliberately killed as fighting engulfs Freetown and the provinces.
31/l0/1997: The next six months must see an end to arrests, torture and killing
25/6/1997: A month after the military coup, Amnesty international again calls For human rights to be respected.
28/5/1997: New military rulers must respect Human Rights.
25/9/1997: A decisive time to protect human rights
May 1996: Denial of rights to see asylum: Liberian asylum seekers aboard The VICTORY REEFER
13/9/1995: Amnesty International calls for an end to Human Rights abuse in war against civilians.

URGENT ACTIONS
DATE: HEADINGS
20/10/1998: Further information on imminent executions (34 persons)
12/10/1998: Imminent execution/Death Penalty/Concern (34 Persons)
2/ 4/ 1998: Further information on Torture or ill- treatment (36 Persons).
2/ 3/ 1998: Further information on torture and ill-treatment (3 persons)
23/ 2/1998: Further information on fear of torture and ill-treatment (1 person -student).
6/ 2/ 1998: Further information on torture or ill-treatment (14 people)
5/ 2/ 1998: Fear of torture or ill-treatment (1 person – student)
28/1/ 1998: Further information on torture (3 persons)
Jan 1998: Torture or ill treatment, B.S. Massaquoi and several others.
20/ 1/ 1998: Torture or ill treatment, 3 journalists.
30/20/1995: Death penalty/ Legal Concern - Three Soldiers.
27/10/1995: Further information on fear of death sentences (8 persons)
4/10/ 1995: Fear of death sentence and executions, (7 persons)1
12/ 1/1995: Death penalty: Lt. Col. CHERNOR M. DEEN
9/ 9/ 1994: Death Penalty: Amara Conteh.
29/ 1/ 1992: Executions: James Bambay Kamara and 25 others
21/12/ 1993: Legal Concerns: 264 political detainees
2/8/19/1993: Fear of Torture: Seven persons.
2/ 8/ 1993: Legal and Health concerns of 264 detainees
June 1993: Legal and Politcal concerns
March 1993: Fear of Torture and Extrajudical Executions: Seven Persons.
11/ 1/ 1993: Death Penalty: 26 People
10/ 6/ 1992: Legal / Health Concerns: Dr. Moses Dumbuya
31/12/1992: Death Penalty: James Bambay Kamara and 25 others.

EXCERPTS FROM ANNUAL REPORTS
Excerpts on Sierra Leone from Amnesty International's Annual Reports for 1992,1993,1994,1995,1996,1997, 1998,1999,2000 and 2001.

BRIEFING DOCUMENTS – REPORTS

DATE: HEADLINES
24/ 9/ 2001: Renewed Commitment needed to end impunity.
14/11/2000: Recommendations on the Draft Statute of the special Court.
31/ 8/2000: Childhood - A Casualty of Conflict.
26/ 7/2000: Ending Impunity – not to be missed..
26/ 6/2000: Rape and other forms of sexual violence against.
Nov 1999: Amnesty International's Recommendations to the Commonwealth Heads of Government Meeting, Durban, South Africa, 12 - 15 November 1999.
June 1993: Political Detainees at the central prison, Pademba Road, Freetown.; Prisoners of War? Children detained in Barracks and prison Renewed Commitment needed to end impunity.; The Extrajudical execution of suspected rebels and Collaborators.; A Disastrous setback for human rights.;Recommendations to the international contact Group on Sierra Leone - New York 19 April 1999
24/7/1998: The United Nations special conference on Sierra Leone:The protection of human rights must be a priority for the international community.
Nov. 1998: 1998 - A Year of atrocities against civilians.
25/ 9/1996: Towards a future founded on human rights.
12/ 5/1994: Arrests of former Government Ministers.
13/ 9/1995 : Human Rights abuses in a war against civilians.

Thematic Presentation- ON Governance
By Sundia Cleo Hanciles

INTRODUCTION

The challenge of all human societies is to create and institute a system of governance that promotes, supports and sustains human development-especially for the poorest and most marginal. But the search for a clearly articulated concept of governance has just begun. (UNDP)

Governance refers to the process by which "diverse elements in a society wield power and authority and, thereby, influence and enact policies and decisions concerning public life and economic and social development".¹

Among it's attributes are; the rights of citizens and groups to articulate their interests - exercise their rights, meet their obligations and mediate their differences; consensus building - good governance is a government based on consensus between the govern and governed; participatory democracy, transparency and accountability.

The concept and ideal of good governance is relatively new in Sierra Leone, as in the rest of Africa. The increasing recognition and emphasis on governance as the necessary prerequisite for lasting peace and sustainable development in Africa is born out of our recent tragic post independence experience with bad governance. The history of pre-war Sierra Leone from the 1970s to early 1990s can be aptly described as the imposition and perpetuation of bad governance par excellence. Conversely, the recent history of post conflict Sierra Leone is the relentless search and struggle to rid the country and society of the vicious cycle of bad governance and replace it with the virtuous cycle of good governance. It is a unique and exciting experience, which have seen the emergence of civil society as a potentially potent force for change and sustaining good governance.

2. METHODOLOGY
This presentation, with certain limitations, is made within the TRC methodological framework and will focus on the following:

1. The Genesis of the struggle for good governance in pre-war Sierra Leone 1870s-80s.
2. Shortcomings of and roadblocks to the institutionalisation of good governance in post conflict Sierra Leone.
3. The dilemma of social change.
4. The Manifestation of the Divergence Syndrome in Pre and Post Conflict Sierra Leone.
5. Recommendations and Conclusion.

GENESIS

Bad governance, characterised by extreme centralization and personalization of power, flagrant violation of human rights, social and political exclusion, social injustice, economic mismanagement and rampant corruption, was the root cause of the ten years Civil War in Sierra Leone. However, this trampling of democratic rights and values did not go unchallenged. The mid 1970s to mid 1980s witnessed the emergence of a nascent anti-one party dictatorship resistance and pro-democratic movement.

Undeniably, Fourah Bay College, University of Sierra Leone was the hotbed of resistance to bad governance in Sierra Leone. It was spear headed by students, young intellectuals and progressive minded youths under the guise of students social and political groups such as, (the Gardeners Club), Movement for Progress in Africa (MOPA), Pan African Union (Panafu), Friendship societies (Juche Club) or Study Groups (Green Book Study Club). Their visions, stance and programs were articulated and propagated nation wide through the medium of newspaper such as the Tablet and Awareness Magazine founded by ex-students.

Student resistance against and confrontation with State and University authorities was in direct response and reaction to the ramifications of bad governance felt throughout the country. "In the contracting political space, students became the leading opposition to APC dictatorship and the main advocate for social and political change. The confrontation between students and the university administration continued throughout the 1980s and it had the effect of both radicalising campus politics and linking college and youth together (Rashid 1997, Abdullah 1997). Between 1970s and 1980s, this cultural, sociological and political nexus between radical college and urban youth had produced both a culture of confrontation 'and a language of revolutionary change of the `system'. The termination of 3 lecturers, expulsion of 16 students and suspension of 26 others produced a chain of events that spawned the Revolutionary United Front, National Provisional Revolutionary Council (1992), the Pro-Democracy Movements, the Resistance against the AFRC and the restoration of the democratically elected Government of Pres. Kabba in 1998. (I.Rashid 2003). I have given a detail explanation of my personal role in this phase of the struggle within and without Sierra Leone in my submission to the Commission and I see no need for repetition here. What I want to emphasise here is that, the affected lecturers and students in particular and the nation in general still want to know from the College authorities why they were summarily dismissed, expelled and suspended. We demand a public hearing. This must and should be an integral aspect of the reconciliation process.

From the foregone, one can plausibly argue, that despite its unintended and disastrous outcome in some cases, the generation of students and youths of the 70s and 80s, despite merciless Suppression and oppression, created the conditions for the overthrow of bad governance and the restitution of democratic government in the 1990s.

SHORTCOMINGS

Perhaps one of the didactic lessons most enlightened Sierra Leoneans learnt from the horrendous Civil War with all its horrible consequences, was that our pre-war system of governance was fundamentally flawed. Therefore, in post conflict Sierra Leone, the emergent national resolve is that, never again must the vast majority sit passively by and allow few people, motivated by nothing other than insatiable greed and naked lust for power to misrule and abuse us, and in the process drag the nation down the abyss of destruction. Sierra Leone belongs to all of us. Therefore, we have the natural right to actively participate in making and taking all the major political, economic and social decisions affecting our lives. The most practical manifestation of this new social awakening, is the national emphasis on the institutionalisation of good governance. But even so, this vision is not nationally shared. There are glaring contradictions. On the one hand the country today awash with liberator concepts ideas and movements such as; good governance, democracy, accountability, transparency, civil society, poverty alleviation, anti-corruption, reform of the judiciary, civil service, police, military, food security, reintegration, reconciliation, respect for human right and gender equality, to name a few. For the well informed, even before the formal end of the war, Government in partnership with International donors and Civil Society Organizations, are doing everything within their powers to institutionalise these laudable ideals throughout the length and breadth of the country.

On the other hand, the old legacies of bad governance die-hard, namely; corruption, endemic poverty, mismanagement, weak institutions, social injustice, excruciating poverty, economic hardship, mass unemployment and poor social service. In other words, the nation is still faced with the dilemma of how to replace the vicious cycle of bad governance with the virtuous circle of good governance.
Meanwhile, the interplay of these contradictory-organizing principles of society augurs ill for our national quest for rapid post-war recovery efforts, peace building and consolidation and sustainable development. It has given rise to two contrasting images of the present and future direction of the country. -One pessimistic, the other optimistic.

2.3. DILEMMA OF CHANGE

The pervasive hold of the bad governance culture in post-conflict Sierra Leone confronts us with the chicken and egg dilemma of social change i.e. 'Change is eternal Nothing ever changes'. For the majority of Sierra Leoneans the war had brought no changes in its wake. The old pre-war attitude and mentality are still intact. With the end of the war, it's back to business as usual. The privileged few continue to prey on the under privileged majority. Anti-people institutions are still in place.

But for far seeing and thinking Sierra Leoneans, the war has brought in its wake far-reaching changes, some positive, some negative. Among these are the changes in the governance environment. We have moved from dictatorship to democracy, the rule of law as enshrined in the Constitution is gradually being enforced. The culture of impunity is being tackled and confronted. New societal values or organizing principles as highlighted above are not only being aggressively propagated but are gradually applied by government in partnership with Civil Society organizations and the International Donor Community at all levels. The ultimate goal is to uproot, root, stock and branch the obsolete structures, institutions and mentality implanted in the body politic by decades of bad governance, and replace them with new values based on good governance, transparency and accountability.

But much of what is changing before our eyes is not discernible to the vast majority of Sierra Leoneans. The pertinent question here is, why is this so? There are many reasons for this. The main reason is the way we look at, think about and interpret society. In the face of earth shaking changes that are suffocating and engulfing us, we doggedly cling to outmoded tools of analysis to understand a qualitatively different social environment. Consequently, lacking a systematic framework for understanding the clash of forces and societal values in post conflict Sierra Leone, we are like a ship's crew trapped in a storm. To find our way, let us try to understand the concept and dynamics of the manifestation of the social divergence syndrome in our social system.

2.4. THE DIVERGENCE SYNDROME

"The divergence syndrome in social systems manifests itself in the social complexity of human life not only as an extreme sensitivity to any change or fluctuation in political, economic conditions, but also as an acceleration of social change beyond the ability of society to control their direction and intensity." Applied within our context the challenge facing post conflict societies like ours is; how instead of serving as a cause for social crisis can the divergence syndrome be the "bearer" of positive transitions in society.

It is not possible to look at the recent history of Sierra Leone and not be struck by how tellingly the divergence syndrome showed itself.

Firstly; we witnessed the sensitivity of society to major fluctuations. There are many who would have preferred to maintain the obsolete one Party system because of the stability it offered to the series of military and civilian implosions called revolutions that destabilised and destroyed their lives and properties.

Secondly; we all witnessed and experienced our inability to stop change. The divergence syndrome demonstrated through acceleration of change and growth can be understood as serving both as a cause and requirement of transformation. For example; despite our understandable revulsion and vexation with the rebel uprising, after this nightmarish experience we all agree that we must address its root causes and transform society accordingly.

Thirdly; there is the existence of a "punctuated social equilibrium, particularly in a post conflict society like ours. This means the occurrence of countervailing tendencies or forces that get easily amplified by social, economic and political conditions into a crisis. For example, because of their roles in the rebel uprising, the importance of finding tangible solutions to our youth problem has been realised; poverty alleviation is now an obsession with government because we realised the danger its existence posed to national stability and security; Sierra Leoneans still feel insecure because of the ongoing rebel war in Liberia.

The inescapable conclusion we can infer from all this is that, the inevitability of the divergence syndrome in the social complexity of human life requires the use of new methods of thought capable of dealing with its vibrant vitality. So we rehash and seek to answer the pertinent question: what do we need to do as a nation to ensure that the divergence syndrome currently 'prevailing in our country becomes the bearer of positive transformation? Within the context of the discourse, how can we institutionalise the ideals and praxis of good governance as outlined above in post conflict Sierra Leone?

2.5. RECOMMENDATIONS

Being aware of its unavoidable occurrence in the dynamics of social processes, what we need to do is to be guided by two key principles in our search for solid and practical recommendations to achieve good governance in post conflict Sierra Leone.

Firstly; the process of social transformation from a dictatorship to democracy is one of the most difficult of human undertakings. Those of us espousing new societal values of good governance, participatory democracy, human rights, gender equality, decentralization of power, social justice in harmony with the yearnings and aspirations of the vast majority of our people are actually planting the seeds, the vision of a new system of governance in Sierra Leone. We need to muster patience and perseverance to sustain the process until it becomes the new societal values.

Secondly, we must accept that the old societal values rooted in bad governance are still entrenched. It will not give way to the new easily. There are entrenched social classes, `powerful faceless actors' (political, economic, social), the product and beneficiaries of yesterday's dictatorship who are hostile to these new social values, because their realization threatens their wealth, privileges and status. Therefore, they will pay lip service to these ideals but practically, they will ensure that nothing changes.

The challenge is how to cross this barrier of resistance to change that is so prevalent in every quarter in post conflict Sierra Leone'?

2.6 New Political Culture

Commitment to the ideals of good governance (as defined above) demand the seedling of a new political culture based on active popular participation of the populace in the process of decision making at all levels. Currently, what prevails in Sierra Leone is the old political culture based on passive participation of the people in decision making which in most cases is limited to voting once every five years for political representatives and after which the voting machine is switched off. This is a far cry from participatory democracy.

2.7. Participatory Democracy

Participatory Democracy in essence means empowerment of the people to effectively involve themselves in creating the structures and in designing policies and programs that serve the interest of all. To achieve this ideal requires considerable input by a11 stakeholders namely; the awakened people themselves, but more importantly the actions and policies of the State and International Community to create the enabling environment.

The good signs are these ideal of people empowerment is being gradually applied in Sierra Leone by the Government, Civil Society and International Community by way of participatory consultative meetings, workshops and sensitisation campaigns. But this process is still in its nascent phase and is often limited to few participants. There is still the dire need for mass public civic education to teach our people new democratic values in order to win them away from the decadent social values of bad governance. Experts have forcefully argued on Governance that in moving from authoritarian rule to democracy, there is a risk that societies could become too divided and partisan. The building of capacity for different groups as a collaborative exercise can help build consensus about the new national values and provide a basis for equitable social and economic development. We need to heed and apply this in post conflict Sierra Leone.

2.8.Development of Civil Society and Non Governmental Organisations:

There is increasing recognition of the importance of Civil Society and Non Governmental Organisations in good governance. Civil Society NGOs are important in propagating and implementing the new societal values to good governance. They hold government accountable, make sure the people get the government they want. In their daily operations, Civil Societies provide experience of governance and democratic practices on a small scale with widespread participation. Thus providing a cultural environment that fosters and protects good governance at the local and national levels. Civil Society is important as the main initiator and engine of development. Moreover, the development of Civil Society brings people a better quality of life.

Thus, strengthening Civil Society is not only a means to development but also a goal of development.

Over the last couple of years we have witnessed an exponential growth of Civil Society and Non Governmental Organisations in Sierra Leone. The pertinent question here is how effective are these organisations? Do they meet the criteria outlined above`? What must Government and International NGOs do to develop their capacities?

Civil Society/local NGOs in Sierra Leone require capacity building developing skills and attributes that will promote a healthy society. Simple skills such as book keeping and literacy are important for governance. Many of them lack the capacity to participate effectively in the policy formulation process. They lacked the capacity for policy analysis, and access to up to date information. Government and International NGOs must help to develop capacity building for such organisations without destroying their autonomy.

For this to happen at the governmental level there is the need for a new relationship between the state and officials on the one hand and members of the Civil Society on the other. Until the 1990s, the relationship between the two was adversarial. The challenge in the present time is to transform this adversarial relationship into an advisory one.

A new vision of society, it is argued calls for new forms of organisation and methods of operation. Civil Society /NGOs in Sierra Leone as elsewhere are the gadflies of good governance. They have to practise what they preach. However this is not the case. Many NGOs exhibit the same characteristics for which they rightly criticise the government. They lack transparency and accountability. Some of them are the personal properties of one or few people who practise extreme centralisation of power.

In Sierra Leone, we have too many NGOs or Civil Society championing the same cause such as; human rights, youth problems, gender equality. They all seek financial and material Support from the same International Non Governmental Organisations. The resulting competition ensuing from this is that we are beginning to notice that rather than working together CSO and NGO are working against each other. Such like criticism against CSO, local and International NGOS in post conflict Sierra Leone abound.

However, of central importance in the search and quest for good governance in Sierra Leone is what needs to be done to build effective pro people organisations on the ground. How can CSO/NGOS become the effective link between the people, the government and international community to lay the solid foundation of good governance in Sierra Leone?

2.9. CAMPAIGN AGAINST NATIONAL INDISCIPLINE

There are a number of disturbing facets in the life of post conflict Sierra Leone which any keen social observer cannot help but notice. Many of these touch on our very existence as a nation, and the path its development will take and follow. Therefore, it is proper that this malaise with far reaching implications for our social existence be identified, diagnosed and cured, One such malaise, is the social cancer that has eaten deep into the body politic of our nation is national indiscipline.

The current mentality, attitudes and values of most Sierra Leoneans are anti-ethical to the realisation of good governance or the rapid transformation of the country. If we are serious about moving forward, we perforce have to find a way not only to address this attitudinal problem but solve it.

In the era of participatory democracy the way to eradicate national indiscipline is not just by passing harsher legislation in Parliament nor putting more police in the streets or building more prisons. We have to explore new ways and means such as; the self organisation of the people at the micro and macro level to identify and solve the problem. The thrust of the public policy against national indiscipline must and should be to use participatory methods to encourage active involvement in identifying, diagnosing, and implementing solutions to the problem.

INSTITUTIONAL REFORM

In post conflict Sierra Leone good governance and maintenance of international standards are the operational principles of government. Good governance program is enshrined in the national recovery plan which is itself a product of a participatory consultative process involving over two thousand Sierra Leoneans. It has seven key elements amongst which are; institutional restructuring, combating corruption and strengthening the judiciary and legal system to safeguard human rights. In all these areas reforms are on-going and with time they will positively impact on all aspects of our national life.

However, from the public perception nothing is going on. The so called revolution of heightened expectation makes government an arduous and challenging task. According to public perception only the faces in the seat of power have changed but the system remains. High sounding words like good governance, participatory democracy, transparency and accountability are derisively dismissed as political sloganeering in their daily encounters with the state or public institutions they come into contact with public servants who still operate on the old dictatorial ethos of masters rather than servants of the people.

More so the public is very critical about the age old disjuncture between public policy formulation implementation and evaluation: in their candid view laws are made today only to be forgotten tomorrow. This atmosphere of cynicism and suspicion is certainly inimical to the growth and development of a new democratic culture in post conflict Sierra Leone. Great nations are not built by cry babies. But bold and creative people who having learnt and discovered the pitfalls in their society take decisive steps and actions to correct it and move ahead.

What all this points to is that there seems to be breakdown of communication between the govern and the governed in post conflict Sierra Leone. Good governance among other things is consensus building between the govern and the governed to agree or disagree as to what new direction the country should take, the sacrifice all and sundry need to make in the national interest. What is really essential is education.

Public Hearings of the
Truth and Reconciliation Commission of Sierra Leone

Statement by the
United Nations Development Programme (UNDP)
May 7th, 2003

Mr Chairperson and members of the Commission: I am honoured to represent the United Nations Development Programme, Sierra Leone Country Office, in making a statement at these public hearings of the Truth and Reconciliation Commission. We understand this process as the effort of Sierra Leone, with international support, to establish the truth about eleven years of recurring violence against its citizens and against the state. We hope the disclosure and documentation of the truth will lead to national reconciliation and to personal healing for so many aggrieved individuals.

Yours is the mandate for historical inquiry, to uncover the truth by asking the right questions. Ours is the mandate to respond to those questions, as it is the task of development to prevent the recurrence of war by addressing its causes.

We are not the repositories of the information you require to document the truth about Sierra Leone's years of conflict. We may assist your work, however; by sharing the analysis that underpins the work UNDP is doing in this period of post-conflict recovery and stabilization.

After 11 years of conflict, Sierra Leone was left with massive destruction of livelihoods and infrastructure and a traumatized population, more than half of which had suffered repeated and/or long periods of displacement. In 2002, Sierra Leone was ranked 173 out of 173 countries with enough data to be considered in the Human Development Index. (Eighteen countries were not ranked). What this status report does not take into account is that in 1991, when the war started, poverty was endemic, corruption was rampant, injustice was the rule, and marginalisation was a fact for most young people and women.

The causes of the war go back well beyond the nineties, and are rooted in the erosion of good governance, arbitrariness and injustice by traditional and state authorities, abuse of fundamental rights, described often by Sierra Leoneans as marginalisation of youth and women, and economic and social exclusion resulting in abject poverty.

Breakdown in Citizen Security and the Collapse of the State

The breakdown in citizen security at the village level which manifested itself in the early episodes of the war, eventually led to the collapse of state security in Sierra Leone There was a progression in what can be described as two stages of the war. During the first stage, before the Armed Forces Revolutionary Council (AFRC) Coup of 1997, the war was a !ow-intensity insurgency almost entirely directed at village targets in the Southern and Eastern provinces, using tactics of terror to recruit child combatants, cause civilians to flee their villages, and humiliating traditional authorities into submission or flight. This rendered the areas under rebel control ungovernable by the national government, and unliveable for the villagers who fled as refugees to neighbouring countries or became internally displaced persons in the safe havens of Bo and Kenema, provincial capitals secured by contingents from the West African forces, ECOMOG.

After the 1997 coup, with the alliance of the Revolutionary United Front (RUF) rebels and the AFRC, the rebels took control of the North, the provincial cities, most of the diamond-producing areas and the capital, Freetown. A national condition of un-governability ensued, due to extensive "civil disobedience" or civilian defiance, until ECOMOG troops, assisted by Civil Defence Forces loyal to the Constitutional government, pushed the AFRC/RUF alliance out of Freetown, and the Constitutional government returned from exile. International sanctions, the depletion of the AFRC/RUF stock of loot, and other factors of a stalemate brought the rebels to the negotiating table.

The fundamental reason for success and escalation of such an insurgency in the first place was the inability of government security structures to cope with it in its early stages, manifested by the deterioration of the discipline and performance of the army, and culminating in its treason and alliance with the rebels. Thus, weaknesses in governance and security structures were responsible for the breakdown in citizen security, which eventually led to the breakdown in the security of the state.

A longer discussion would consider in greater detail the "root causes" of the collapse of the state, and specifically how and why security structures became so ineffective. There was also a general degradation of all sorts of social organizations, as reflected in the level of poverty, economic stagnation and other characteristics of the combination enclave-and-subsistence economy of Sierra Leone prior to the war. The crisis of governance in Sierra Leone developed over many decades. Elected local governance disappeared in 1972.

Despite the many negative features of governance, it is important to acknowledge some positive turning points, even during the trouble-packed nineties. Some analysts assert that military rule in 1992 was not unwelcome at first, given the abuses of previous governments. It became increasingly unpopular as it did not fulfill citizens' expectations of improving welfare, and failed to bring peace to rebel domination of many rural areas. Nevertheless, it was the military government that agreed to relinquish power to an elected government in 1996, pressured by civic movements, particularly a coalition of women's organizations and activists.

Whereas the newly elected government was not victorious over the rebels, and the first peace agreement (Abidjan) fell apart, nevertheless the Lome Peace Agreement reinforced constitutional democracy, as the RUF acknowledged the legitimacy of the constitutional government, and accepted post-conflict roles in appointed office.

The role of international security forces is also important to an understanding of post-conflict challenges. In Sierra Leone, some elements of the security mosaic that brought closure to the war were: UNAMSIL peace-keepers; West African ECOMOG forces: the Civil Defense Forces (CDFs), that secured parts of the South and East of the country: the Guinean army on its border, that closed off the Northern escape and supply route in the final stages of the war; UN sanctions (diamond sanctions and general sanctions), that reduced the scope of the Eastern supply routes and international economic staging grounds; British military assistance, that dismantled the West Side Boys, broke the most violent remnants of the AFRC/RUF alliance, began retraining the army, helped maintain discipline in the CDFs, and maintained the threat of direct British engagement; United States training of ECOMOG forces, that increased the military capability of the West African contingents in UNAMSIL, and increased the potential threat of future Nigerian/ECOMOG force.

The role of UNAMSIL in post-conflict Sierra Leone has been determinant in maintaining the peace, in the year since the official end of disarmament and demobilization (January 2002). UNAMSIL entirely replaced the functions of the army for a certain period of time, while national forces could be vetted, retrained and gradually deployed. The withdrawal of UNAMSIL will depend on the successful restoration of government authority in all areas of the country, and the creation of viable security structures. To this end. benchmarks are systematically monitored to ensure progress on a detailed program of institution-building and capacity-building.

The link between justice and security is the same link as that between citizens rights and the security of the state, and it is a causal link. Injustice and violation of citizens' rights ultimately lead to a weak state, as reflected in weak institutions. In the extreme case, this leads to a failed state. This is an important point to consider in the institutional strengthening in a post-conflict period.

UNDP Interim Assistance 2002-2003

During the complex emergency in Sierra Leone, the UN system provided assistance primarily related to humanitarian and peace-keeping needs. In 2002. framed by the Millennium Development Goals, which seek to reduce extreme poverty by fifty per cent by the year 2015, UNDP created three practice areas: recovery, poverty reduction and governance. This reflects the consensus among Sierra Leoneans that the decade-long war was rooted in a breakdown in governance and the exponential increase in extreme poverty.

Recovery

Following the war, the restoration of state authority to all areas of the country has been a key priority of the government. Restoring district-level administration and services has been difficult, and government institutions are still weak and lack the capacity and means to effectively discharge their responsibilities. Moreover, outside Freetown the judiciary is largely absent and the courts, police stations and prisons dilapidated or destroyed. Though much is already done, many courts, Court Barrie and police stations and most prisons and lock ups still need interventions. The same goes for district government facilities where some offices have been rehabilitated though the majority are working from temporary premises and lodging facilities. Furthermore they work under severe conditions, lacking mobility, communications, furniture, office equipment and stationery.

The basic needs of the most vulnerable people (including water & food security, shelter, basic health and primary education) are of highest priority and pose considerable challenges for the government considering the number of displaced, others affected by the war and the devastation of infrastructures. Over 300.000 houses were destroyed and the majority of water sources, health posts and schools are either completely destroyed or need major interventions. Of the Primary Schools, 78% need minor/major rehabilitation or reconstruction and only 13% of those have been addressed.

Sierra Leone has a particularly youthful population: over half the population is estimated to be under 15 years of age, and average life expectancy is only 38. Marginalisation of youth was one of the primary factors that led to the war, creating resentment and a sense of hopelessness in the first place, and ensuring the existence of a willing pool of recruits for the fighting factions. During the war, youth have been exposed to more trauma, responsibility and experience of power and authority than ever before. As a result, they are now more politically aware and carry greater expectations for involvement in decision-making and desire for economic opportunity than ever before. For both short and long term national stability and growth, it is therefore essential that youth be engaged and involved in planning, decision-making and implementation at all levels.

Women form a major component of the rural workforce in Sierra Leone, planting, weeding and threshing, conducting backyard vegetable and poultry production to supplement the household's nutritional intake, cooking, and collecting water and firewood. However, women face enormous barriers; lack of encouragement or opportunity to stay at school due to demands of domestic chores: increased exposure to medical risk, due to multiple births with grossly inadequate medical support available: lack of opportunity to vote for chiefdom authorities, to name but a few.

From both a short-term and long-term recovery perspective, therefore, it is vital that positive steps are taken to ensure the full participation of women in all political, economic and social interventions and processes.

While most areas in the country have been resettled and communities are reverting to normalcy, some are still receiving resettling populations and grappling with problems of occupied property, security established but fragile, high number of ex-combatants waiting for their reintegration projects and local governments without means or skills to address the problems. All these factors are more pronounced in the border areas, particularly in the East.

Based on a needs assessments conducted at the district level, a "Sierra Leone Recovery Strategy for Newly Accessible Areas" was finalized in May 2002. A comprehensive National Recovery Strategy, focusing on immediate actions to address essential needs of the population, was ready by September 2002 and is now the main document for the recovery process.

The Recovery interventions constitute an effort by the Government to restore its leadership role while capitalizing on the support received from its partners. It is promoting a people-centered approach, seeking community and Civil Society empowerment with increased and broader participation in the recovery process.

UNDP's Interim Recovery & Peace-Building Programme includes the following components:

1. Consolidation of State Authority by ensuring that district-level administrative functions are operating effectively by the end of 2003. Support rehabilitation of government infrastructure, including radio and telex over radio communication and furnishing of buildings.

2. Rebuilding of communities through rehabilitation of feeder roads and markets, and small quick impact projects; rehabilitation/reconstruction of infrastructure or production units; and through community based shelter provision using locally produced materials, with skills training and participatory community processes.

3 Youth engagement and supporting job opportunities for youth, including support to a nationwide youth gender sensitive network, workshops, development of training modules, training of trainers, income generating activities, organisational skills development, sensitization campaigns. civic education, HIV/AIDS prevention and similar activities.

4. Support to the National Recovery Committee and its district representations for policy development, data gathering and monitoring capacity.

UNDP-supported activities are coordinated with projects implemented through the National Commission for Social Action (NaCSA), the Human Security Fund in partnership with the National Commission for Disarmament. Demobilisation and Reintegration (NCDDR) and the UNAMSIL Disarmament, Demobilisation and Reintegration (DDR) section, using funds from Government, HIPC funds and other donors.

Poverty Reduction

Poverty in Sierra Leone is endemic and pervasive. Eleven years of conflict only exacerbated its depth and severity.

The human development and social indicators, including illiteracy, primary school enrolments, life expectancy, maternal deaths, malnutrition, and child mortality rates, are among the worst in the world. The infant mortality rate (IMR) is about 182/1000, while life expectancy at birth is about 38 years compared to 45 years for Sub- Saharan Africa. The adult literacy rate is estimated at 30%, while the population with access to safe drinking water is about 34%. Endemic diseases, especially malaria and HIV/AIDS, loom as a menace. About four-fifths of the population lives in absolute poverty, with expenditures below US$1 a day.

The major causes of poverty in Sierra Leone are multi-dimensional and include high unemployment and underemployment, high debt burden, poor growth performance and lack of access to basic social services.

The long-term stability of Sierra Leone will depend in large part on the efforts of government and its development partners in mobilizing the population for reducing poverty.

UNDP's Poverty Reduction Strategy is a collaboration with the Government and other international donors through interventions in five key areas, as follows:

1. Preparation of the PRSP and its implementation
Support to:

• Key PRSP preparatory activities such as the sector reviews, developing and strengthening the consultative processes and promoting participatory tracking of budget inputs and outcomes.

• Build institutional capacity through the creation of an incentive package to attract skilled professionals, particularly Sierra Leoneans in the Diaspora in the PRSP formulation process and the subsequent implementation of poverty reduction programmes, and related national re-building programmes.

2. Capacity building in key poverty related institutions and organisations

Support for:

• Capacity development of civil society organisations and community based organisations for promoting national dialogue and advocacy on poverty issues, promoting participatory tracking of poverty budget inputs and monitoring outcomes

• Capacity development for enhancing pro-poor policy formulation poverty analysis and monitoring in key government ministries:

• Increasing awareness campaigns on the Millennium Development Goals (MDGs) and tracking progress for preparation of the Millennium Development Goal Reports (MDGRs).

3. Private sector development

Support for:
• Creating an enabling environment for private sector investment in small and medium scale enterprises (SMEs) as a means of promoting self-employment and income opportunities for the poor,

• Building indigenous business enterprise capacity to ensure the effective participation of local entrepreneurs and small business operators in competitive trade and industry, through SME development skills, strengthening of Micro Finance Institutions (MFIs) and access to micro credit

4. Improving the livelihoods of the rural poor

Support for:

• Increasing access to productive assets for poor farming households through the provision of appropriate and sustainable micro-finance facilities, including special facilities for increasing women's access to farm resources.

• Agricultural extension services to improve farmers' education in farm management for increasing productivity and output, minimizing post-harvest losses and promote the income security of small farmers.

• An integrated rural development programme through the review and establishment of a framework for harnessing renewable energy resources to alleviate the energy needs of the rural poor.

5. Increasing the income opportunities of youth and women in productive economic activities

Support:

• Assessment of the employment and income opportunities for women and youth to identify potential income-earning activities for their involvement.

• Skills training and access to resources for small business development.

Governance

Sierra Leoneans affirm that two fundamental causes of the war are bad governance, leading to the collapse of state authority and services, and "disenfranchisement" or marginalisation of youth, including massive illiteracy and lack of opportunities for employment and social mobility. To build lasting peace. good governance needs to be created and youth need opportunities for a better life, through education and income-generating employment.

An Interim-Poverty Reduction Strategy Paper (I-PRSP) was finalized in June 2001 under the co-ordination of the Ministry of Development and Economic Planning. It calls for a transitional phase with emphasis on: national security and good governance: re-launching the economy; and provision of basic social services to the most vulnerable social groups. UNDP's Interim Governance Project 2002-2003 (IGP) provides for immediate implementation of the governance priorities identified in the I-PRSP.

The problems of governance, identified by Sierra Leoneans as causes of the war, are also the causes of poverty; thus there is synergy and complementarity between the governance effort and the poverty reduction effort, to achieve the Millennium Development Goals (MDGs). Specifically, problems of marginalization of youth and women from political influence, and from access to savings and investment, are rooted in the same political structures at the local level.

In August and September 2002, UNDP supported four Governance Round-Tables (Freetown and three up-country regions) which provided an opportunity for broad consultation with government, representatives of civil society organizations, the academic community, journalists, representatives of ex-combatants in process of reintegration, and religious and traditional leadership. Special attention was given to spokespersons of youth and women, particularly in the regions.

The Governance Round-Tables informed the preparation of the Interim Governance Programme, with five strategic areas of focus. These focus areas are briefly described as follows, with some key intended outcomes and activities that are being carried out in 2003.

1. Decentralisation And Local Governance

Support to the Decentralisation and Local Government Task Force to prepare a new Local Government Act with definition of services to be decentralised, local authorities to tax and spend, and new mechanisms for accountability and transparency; support for local government elections: training of local government officials and staff; enhanced capacity for citizen participation in governance, especially at district level; increased participation of women and youth in elected and appointed office.

2. Justice, Rule Of Law And Human Rights

Improved access to justice by citizens, especially improved access by women and youth to statutory law institutions; equip and train Justices of the Peace, clerks and bailiffs for nation-wide service; public information/sensitisation on human rights standards, especially for women and youth; support to local NGO activities related to the Truth and Reconciliation Commission and reconciliation/community healing.

3. Public Sector Services And Public Sector Reform

New Civil Service Code and Regulations adopted and progress on implementation of reforms; comprehensive public procurement reform. including transformation of the Central Tender Board, professionalisation of procurement offices and processes to ensure accountability, transparency and efficiency.

4. Security Sector

Participation with other donors in training and capacity-building of police and offices of security, especially those providing security at the district and chiefdom levels; improvement in the knowledge and practice of human rights by security and law enforcement personnel and institutions; improvement in the protection and respect for women's and children's rights.

5. Capacity Building For Governance And Democracy

Increased capacity of civil society, especially women and youth, to participate in governance activities and in their own development initiatives; enhanced capacity of Parliament, especially to relate to constituencies; improved standards of ethics in journalism; increased interaction between and among government and civil society personnel at all levels.

The cross-cutting themes of anti-corruption, accountability, and opportunities for youth and women are emphasized throughout. Activities are being carried out simultaneously at the district level, where citizens' vulnerabilities manifested themselves early in the war, and in the development of key national institutions of governance.

A Consultative Group of international donors with the Government, meeting in Paris in November 2002, agreed to a short list of security, governance and economic benchmarks of progress. These are also present in the benchmarks of the National Recovery Strategy, which deals primarily with the physical infrastructure and enabling environment for resettlement and reintegration of communities. The Consultative Group benchmarks are as follows.

Consultative Group: Results Framework
Paris, 10-11 November 2002

		2003	2004
	Security		End
		End
.	Additional 2000 police recruited, trained, equipped and deployed.	,
•	Completion of the NCDDR reintegration programme	',	End
•	Reinsertion package developed and offered to demobiiised officers and soldiers	~ January
•	Disbandment of the Civil Defence Forces fully completed
•	Sierra Leone's security forces to assume full responsibility for security in areas	Continuous	Continuous
	vacated by UNAMSIL
	Poverty Reduction
•	Full PRSP completed, with representative participation of 'he poor as well as PRSP	End
	implementers
.	Primary net enrolment rates increased to 60% and girls/boys ratio in the first class	End	Year
	increased to more than 90%
•	Fully immunized coverage increased to 60% national average	End
•	Safe drinking water source and sanitation facilities provided to an additional	January
	346.000 and 5.:0.000 beneficiaries respectively	End
•	Resettlement of IDPs completed	Continuous	Continuous
	and repatriation of at least an additional 50.000 returnees
	Country-wide public awareness of HIV/AIDS
	Governance, Justice and Human Rights
•	Revised public procurement procedures promulgated and operating and results of	June
	the Corruption Survey Published	End
	50°% of cases lodged by the ACC brought to prosecution and/or concluded	End
	Elected district councils functioning		End
	Elected district councils received human rights orientation	June
	Magistrates Courts operating in all Districts
.	Pre-trial detention delays significantly reduced to meet constitutional requirements		End April
	TRC completed its work
	Economic Performance and Production ' Continuous
			End
•	PRGF successfully implemented	' End
•	Production levels of paddy rice increased to 1991 level
•	Diamond exports increased to at least US$ 60 million and rutile production	September
	restarted	End
•	New comprehensive investment code promulgated	End
•	Complete implementation of limited scope CFAA action plan
•	Three public enterprises brought to the point of sale
	Aid Flows and Management	Continuous	Continuous
		Continuous	Continuous
	Aid flows to be sustained to meet financing gap and sector needs
	Annual HIPC funds fully disbursed	March
.	Bi-monthly aid coordination meetings begin and restructured national aid
	coordination unit put in place -

Through the implementation of the Interim Recovery, Poverty Reduction and Governance Programmes, UNDP, in partnership with other donors and assistance providers is supporting the efforts of the people of Sierra Leone to achieve these benchmarks of recovery and stability.

Justice

The institutions of transitional justice in Sierra Leone, the Truth and Reconciliation Commission and the Special Court, are instruments emanating or deriving from the Lome Peace Agreement, for the purpose of addressing war crimes, and helping victims deal with trauma and grief, and ultimately reconciliation, both as a technique for healing, and as an instrument for reintegration of ex-combatants.

Because injustice is identified as one of the causes of the war in Sierra Leone, the expansion of access to the institutions of justice, especially for those who perceive they have been marginalised, is part of the challenge of addressing the causes of the war. Impunity, marginalisation or exclusion from the protection of the law, miscarriage of justice through corruption and patronage, and sheer lack of coverage of the institutions of justice must be addressed.

The reality of deep poverty, competing priorities in reconstruction, and the state of institutional degradation in the judiciary create significant challenges in the justice sector Comprehensive law reform is under way, with multi-donor support, however some urgent attention is required to improve access to justice. An example of some immediate solutions is the training and equipping of Justices of the Peace (Jps).

There are only four Magistrates assigned to duty outside of Freetown, and only ten serving Magistrates for the entire country. Until November 2002, Magistrate courts had not sat in the Northern region for five years, the region most affected during the final stage of the war.

The Government's solution to the paucity of magistrates was to expand the scope of Justices of the Peace, sitting in pairs under the supervision of a Magistrate. With their deployment, the government has been able to expand access to justice for the ordinary citizen, with resident officers of the Court in eighteen locations, a significant improvement over what was in practice for the past decades.

Before deployment, the JPs received intensive training from the Sierra Leone Law School, covering principles of justice, criminal and civil procedure, evidence, limits and description of jurisdiction, customary law, human rights and related topics. Special emphasis was given to historical problems of justice for women and children, international principles and standards of human rights, and issues of transitional justice related to the Truth and Reconciliation process and the Special Court.

This was the first time that human rights was considered part of the core curriculum of legal training in Sierra Leone by the Law School. This was also the first time that the Sierra Leone Law School embarked on paralegal training.

The JPs are supervised by a Magistrate, who visits their location every month, and hears cases beyond their jurisdiction. In addition, UNDP, UNAMSIL and the British Department for International Development (DFID) are building or repairing buildings for Magistrate Courts in these 18 locations. This is an example of the many initiatives that must be undertaken to provide access to justice, in an effort to address one of the fundamental causes of the war.

Time does not permit a full description of UNDP's integrated support in the recovery, governance and poverty reduction areas. We will remit to the Truth and Reconciliation Commission the full texts of UNDP's interim recovery, governance and poverty reduction programmes, as well as a collection of six issues papers written by Sierra Leonean authors on subjects related to reconciliation and creation of governance in the aftermath of the war.

The Basis for Lasting Peace

To build lasting peace, good governance needs to be created and youth need opportunities for a better life, through education and income-generating employment. This analysis is not new. It has been said over and over again since civil society led the movement for democratic elections in 1996. There was hope at that time that Sierra Leone might put the war in the past, but we know that an even more comprehensive collapse occurred in 1997.

Today, Sierra Leone has finally achieved stability. This time we must collectively succeed in addressing the causes of the war to build lasting peace. The temporary strategies for recovery, for dispensation of justice, and the mosaic of security institutions with international support must be developed into durable, inclusive and effective governance institutions. Sierra Leoneans must find a way to reduce the dichotomy between the literate minority with access to wealth and the vast majority of citizens. especially youth and women, whose empowerment to increase their economic welfare will substantiate the peace. But the first step is to deal adequately with the aftermath of violence, through reconciliation and justice.

UNDP Statement: Public Hearings of the Truth and Reconciliation Commission, 7 May 2003. page 1 1 of 11

NATIONAL COMMISSION FOR DEMOCRACY & HUMAN RIGHTS
(NCDHR)
9TH FLOOR, YOUYI BUILDING
P.O. BOX 437
BROOKFIELDS, FREETOWN
SIERRA LEONE
Tel: 241907/242241/240596 Fax: 232-22-234001 E-Mail:This email address is being protected from spambots. You need JavaScript enabled to view it.

29th July, 2003

The Executive Secretary,

Truth & Reconciliation Commission

Brookfields

Dear Sir,

Presentation to the TRC

In response to the request of your Commission for information on the activities of the NCDHR in the area of human rights, I submit the attached summary (10 copies).

Yours Sincerely,

George Coleridge-Taylor
Ag. Chairman

Activities/Programmes of the NCDHR in the area of Human Rights

Within its terms of reference, the National Commission for Democracy and Human Rights (NCDHR) is mandate to:

Formulate, implement and oversee programmes intended to inculcate in the citizens of Sierra Leone an awareness of their civic responsibilities and an appreciation of their rights and obligations as a free people.
Investigate on its own or on complaint by any person any contravention of the fundamental human rights protected by the Constitution, and take such steps as may be necessary for the abatement of such contravention including associating itself with all efforts aimed generally at ensuring the observation of the human rights of the individual.
Recommend to the President effective measures for the promotion of human rights, including compliance by Sierra Leone with any international treaty obligations on human rights.

Our activities in this regard have been in consonance with the requirement of both the UNGA Resolution 57/206 on Human Rights Education and the objectives of Resolution 57/212 on the Decade for Human Rights Education.

Specifically, the following programmes may be cited:

1. The Commission has drawn up a Civic Education curriculum for the formal education system covering the entire primary and secondary school range of which Human Rights Education forms a significant component.

2. Civic education textbooks have also been prepared for all levels in the primary and secondary school system and human rights education themes feature prominently in these texts. Areas emphasized include:

Constitutions and legal rights
Right to judicial protection and a fair trial
Right to protection against discrimination on basis of gender race, or any distinction
Right to security of life and property and freedom from arbitrary arrest or detention, torture or inhuman treatment
Right to privacy and freedom of association, and speech.
Rights to vote and contest elections
Economic, Social and Cultural Rights
Right to employment opportunity
Right to food security, shelter, health, education, information, freedom of worship
Right to free choice of one's partner
Right to enjoy the benefits of international instruments embodying human rights principles and practices, principally the UDHR, CEDAW, CRC and the International Bill of Rights.

The Commission is now seeking funds to print and launch these texts within the next school year before the Decade runs out.

3. This year, a review of our curriculum has been undertaken under the umbrella of the Commonwealth Secretariat to accommodate stakeholders in the preparation of our national civic education programme, but without prejudice to our prepared textbooks.

4. At the tertiary educational level, the NCDHR has collaborated significantly with the Peace and Conflict Studies programme of the University of Sierra Leone in constructing a curriculum which is already operative.

5. In the non-formal sector, human rights education has been pursued

(a) Through radio and television discussion programmes on topics related to human rights awareness, principally:
• Gender equality
• Gender related violence (against women/girls)
• Empowerment of women /girls for political, economic and social emancipation
• Right to the disabled and aged
• Rights and responsibilities of children, parents and guardians
• Meaning and application of human rights
• Human rights, peace & development
• The TRC as an instrument of justice
• The African Charter on Human and Peopls's Rights

(b) Community meetings, seminars, workshops to educate the citizenry and to raise awareness not only of the rights of participation but which also focus on respect for the rights of others. Target groups have been composed of traditional leaders, religious leaders, urban and rural community leaders and members, disadvantaged urban groups, women's groups, youth groups, student unions and other student groups, Awareness Raising Clubs (formed by NCDHR in educational institutional), the police, prisons and military forces, journalists and the business community.

Of special significance was our nation wide series of workshops conducted on behalf of UNICEF to educate both adults and children on the contents of the Convention on the Rights of the Child (CRC) and to elicit their inputs as a prelude to its ratification and absorption into local legislation. It has been quite successful and stimulated a lot of interest and awareness among both children and adults.

(c) Several discussion programmes were held specifically on the TRC as a transitional justice system to address human rights violations and the problems of impunity.

(d) A special pamphlet entitled "The TRC at a glance" was prepared for popular education and, together with a set of "Twenty Questions about the TRC" was translated into the four major local languages and disseminated.

(e) To mark the 50th anniversary of the Universal Declaration of Human Rights (UDHR), it was also translated into the same four major languages and widely distributed.

(f) A Human Rights Newsletter was also put out but was discontinued after a few issues because funds were not forthcoming for its continuation. We had hoped that Civil Society organizations, to which all international funding was being diverted, would continue with a publication to fill the gap, but we were disappointed. UNDP and UNAMSIL between them put out their own publications but local initiatives are also most desirable in areas of education and awareness raising.

(g) Pamphlets and posters have also been published and distributed to educate the public on their rights. Prominent among these are:

Know your Rights
Your Rights at the Police Station
The Constitution at a Glance
The State and the Citizens
Citizens Participation in Government
Civil Society and Democracy

6. Human Rights education cannot be complete, sustained or relevant without programmes of capacity building or the existence of a credible database and appropriate research.

The Commission has therefore sought to improve its own competence as a human rights education agency by:

(a) undergoing training in seminars, utilizing UNAMSIL expertise in the areas of human rights advocacy, monitoring and reporting of violations.

(b) participating in similar external (international) programmes.

(c) establishing a Research and Information Centre which is temporarily stifled as the staff and funds to operate it are lacking.

7. In a recent review and consultative exercise on the post-war agenda for Sierra Leone, a human rights programme was drawn up jointly with 6 Civil Society members. The following excerpts, which relate to Human Rights education, are currently occupying our attention:

- Documentation of human rights violations and abuses in the country
- Nationwide human rights education programme, to be delivered at community, organizational and institutional levels
- Put structures in place where they are non-existent for the promotion of human rights, and strengthen existing ones to monitor and report human rights violations
- Support the work of the Special Court and the Truth and Reconciliation Commission as conflict resolution and peace-building instruments
- Human rights education, advocacy and intervention extension to all in need

8. One of the very useful mechanisms established and operating within the community was the setting up of Monitoring Committees on

-Women and children
-The Police
-Prisons
-General

These committees are constituted by persons from various walks of life and include Parliamentarian, journalists, religious and civic leaders, students, lawyers, teachers, NGO staff, doctors, academics, the police, prisons, traders and other private citizens.

Their task involved constant monitoring of the human rights situation within their specific portfolios and the submission of reports with recommendations to the NCDHR.

Problems with staffing, funding and transportation have made it virtually impossible to sustain these committees but the Commission is anxious and committed to reviving them when operational conditions improve.

The Commission also maintains a Legal Aid and Counselling Clinic which operates twice weekly and is widely used by members of the public. Its main beneficiaries are the disadvantaged, who cannot afford the cost of legal services or are unaware of how to access the judicial and other remedial services. We are assisted by professional volunteers, who receive only minimal honorarium. The clinic has proved itself, especially to young people involved in paternity disputes but cases of child mistreatment, gender abuse and administrative injustice are also referred to us and we refer the latter to the office of the Ombudsman, as this is his prime responsibility.

NCDHR Report to the TRC - 2nd July, 2003.

Mr. Chairman, Honourable Commissioners of the TRC;

Recalling the events which gave rise to the TRC has always been a traumatic experience, even for those whose interest may be only academic. For those of us who have dedicated our life, and work to the preservation and advancement of our motherland, watching its rise and fall has been simply devastating. Our only consolation derives from the realization that the revelations and reflections which engage the attention of this Commission are destined to reverse the course of this nation's fortunes and put her back on the path to recovery through reconciliation.

Against the background of the NCDHR's mandate for the protection and advancement of democracy and human rights, my presentation will be concerned with the ways in which the observance or disregard of these concepts can help to explain our historical past and prepare the way for a historic future.

The people of Sierra Leone have invariably shown a marked preference for democratic values. Bai Bureh declared war because he was required to pay tax but denied representation. Sengbeh Pieh rebelled because he was denied equality, justice and human dignity.

In more recent times, men like the Hon. H. C. Bankole Bright, who opposed the divide and rule strategy of the pre-independence elections, accepted the results because they expressed the will of the majority.

It is not surprising, then, that Sierra Leone was so peaceful through our first years of independence, when free association free expression and commodious living made us the envy and admiration of nations far and wide.

Regrettably, it has to be admitted that this was a reflection of the colonial administration and its after glow. The indigenization of politics unleashed the interactive cultural stresses between the supremacy of the popular will and welfare on the one hand, and the indigenous ideal of a benevolent autocracy which turned out to be negligently malevolent.

Political divisions and loyalties were tribally delineated; wealth and power were co-extensive and restricted to the privileged elite; minorities were either marginalized or excluded and avenues for redress or complaints either non-existent or virtually inaccessible.

In this climate of deprivation, discontent was fomented as a national reaction, resulting in alienation of the masses from the ruling class. In their delusion of security, little thought was given by the rulers to the welfare of the people or the interest of the nation. Poor financial management and disastrous fiscal policies soon led to a catastrophic economic climate in which unemployment flourished among the youth while over - centralization of power and wealth engendered and condoned corruption, injustice, nepotism, disregard for law and order, which together produced a recipe for bad governance.

Powerless and dispossessed, the people waited impatiently for relief to the point of exasperation. Many were even ready to sacrifice an elected government for an autocratic military dictatorship.

As it turned out, it was the politicians who initiated this retrogressive practice. The coup of 1967, the first of an unfortunate series, actually introduced the practice of manipulation of the military by the politicians, thereby opening Pandora's box and preparing the way for future interventions.

The NRC, NPRC and AFRC were logical outcomes of that first misguided act, transforming the noble institution that won honour and glory at Mayoung to the - Sierra Leone version of West Side Story.

Of course, the army had its own gripes, deeply anchored in causes which are happily becoming 'a thing of the past'. They resented the political manipulation which encouraged and invited them to intervene when it was convenient for one side or the other. Recruitment was equally politicized, as politicians sought ethnic and constituency quotas to facilitate election thuggery and strengthen their power bases.

A major and very important fact ignored by these politicians was that soldiers were recruited from civilian populations and carried their discontent with them into the army. The army thus represented a melting pot of incompatible ingredients. On the one hand, tribal divisions were tearing them apart in competitive rivalries as each sector strove for dominance in influence and numbers. In contrast, they were united by discontent with the status quo.

When this situation was compounded by a deliberate policy of marginalizing them, the recipe for revolt and disloyalty was complete and it persisted into the war.

Marginalization manifested itself in low and delayed salaries, inadequate and uncomfortable accommodation, denial of benefits for the family; with holding the supply of arms and uniforms, which constitute the pride of the soldier's profession, and subjecting them to the ultimate indignity of creating a rival and better equipped national security force.

This confluence of negative forces was a dynamic stimulus for violent rebellion, and provided a prominent, persuasive platform for the demagoguery of Foday Sankoh, while the lure of easy wealth, accessible through pillage and banditry, attracted many. For others it provided access to the envied acquisition of inordinate wealth, corruptly acquired and displayed with defiant ostentation by corrupt officials.

As with all civil strife, the nation was plundered. The foundations of its economy were destroyed, its institutions scuttled, citizens killed, violated and displaced. The difference in Sierra Leone was the sub-human depth to which it sank and the bestiality of the atrocities visited on innocent, unarmed civilians. These have already been revealed in tearful and gruesome detail by witnesses before this Commission.

Through these changing scenes of one party rule, military dictatorship and civil conflict teleguided from abroad, the underlying craving for a return to democracy persisted among the majority of the citizens.

This explains the unusual fact that a military regime, the NPRC, should have set up the National Commission for Democracy by Decree in 1994 with the primary aim of cultivating a democratic tradition and advancing the democratic process. The Commission's success has been largely demonstrated by the increased civic awareness of the citizenry and the emergence of a strong and vibrant civil society. It is no secret that the Commission played a leading role in the preparations for the 1996 and 2002 elections and in guiding attitudes to post electoral democracy.

Following the addition of a human rights portfolio to its mandate, the Commission has encouraged and, in some cases, spearheaded human rights awareness through interventions at various levels of the community ...... schools and students, war - affected children, women's groups, youth groups, ex-combatants, internally displaced groups, the business community, security forces and other arms of government. It also initiated the idea and coordinated the participation of civil society groups in the Lome Peace Talks and propagated the Peace Agreement.

Through our involvement with both sides in governance i.e. the government and the governed ......we have embraced and promoted the idea that repentance, forgiveness, reconciliation and respect for human rights are necessary pre-requisites for lasting peace and development. Underlying this equation is, of course, the fundamental adherence to good governance (including equitable dispensation of justice) and responsible citizenship on the part of all.

This dispensation of justice is being admirably actualized by the functioning of your esteemed Commission, the TRC, and the Special Court as transitional justice systems. They are transitional because they are not ends in themselves but we hope you will be the means to a desirable ideal, which is Peace with Justice.

To be of lasting success, however, your institutions must be buttressed by ancillary programmes and systems confronting and addressing the ills which contributed to the darkest chapter in our history.
Having outlined most of them at the outset, I do not wish to repeat those ills here. It is enough to state that good governance and good citizenship demand attitudinal changes among our people.

Patriotism, above all must be enthroned. Our first duty to our nation is to make it peaceful, prosperous, prominent and proud. Only then can we expect to benefit as citizens.

Unfortunately, our orientation has been totally materialistic and this has been the slippery slope to our downfall. We recognize the need for material prosperity and a comfortable quality of life for all. But if we build our future on a culture without values and positive attitudes, then our material prosperity will only lead us to worse doom and destruction than we have ever witnessed or experienced.

This is the greatest challenge confronting us as individuals and as a nation and this is the greatest preoccupation of the NCDHR because it is the core of our mandate. We are committed to the management of attitudinal change in a nation poised for recovery, but we need the men, materials and funds which are in very short supply at the moment.

We are miserably deprived and this is a national mistake that can lead to a national disaster.

In conclusion, I shall use this public forum to appeal to the authorities and the international community to provide every possible support ........ staff, equipment, transportation and programme funding .......to facilitate that task so that we can continue to make a difference.

I thank you.

A PRESENTATION SUBMITTED TO THE TRUTH AND RECONCILATION COMMISSION AT THE THEMATIC HEARINGS ON BEHALF OF THE SIERRA LEONE PEOPLE'S PARTY
(SLPP)

THEME:         (GOVERNANCE)

           ONE COUNTRY ONE PEOPLE



        COUNTRY FIRST!

DR. PRINCE ALEX HARDING Ph.D (Lond.)
NATIONAL SECRETARY GENERAL, SLPP

My Presentation is going to be based on the following sub-headings to enable us to know where we are coming from, where we are now, and where we are heading to:

1    Structure of the Party
2    Historical perspective of the SLPP
3    SLPP in Governance
4    Causes of the war
5    Recommendations

THE STRUCTURE OF THE SLPP

The Sierra Leone People's Party (SLPP) has a highly decentralised organisational structure: it is organised at the national, regional, direct, constituency, chiefdom and zonal levels, to ensure that grassroot members participate in decision-making processes.

The women and young generation wings of the party are responsible for mobilising women and young persons as supporters and members of the party and for organising and coordinating their affairs.

The SLPP also operates overseas branches in the United Kingdom and Ireland, USA/Canada, Israel, Germany, Saudi Arabia and other countries.

The Party's National Conference is the supreme governing organ which constituency, district, regional, national and overseas delegates attend to elect members of the National Executive Council (NEC), nominate the Party' Presidential candidate/Leader and the National Officers of the Party. It is responsible for the general direction and control of the party.

The National Chairman is the administrative Head of the Party but is not qualified to be the Party's Presidential candidate. The Chairman does not only preside over meetings of key committees and councils but also promotes the policies, principles and programmes of the Party.
Whenever the Party is in control of government the National Leader charts the course of government, steers the ship of state and ensures that the policies, programme, operations and conduct of the government and its executive functions are in the best interest of Sierra Leone.

The National Secretary-General is in charge of the day-to-day administration of the Party, including the custody of all records and documents. As the vote-controller he is also in charge of the fortunes of the Party. He/she conducts the correspondence of the party, internally and externally.

The National Organising Secretary is responsible for organising and co-ordinating Party activities and for generating membership for the Party throughout the Country and elsewhere. This officer is the principal liaison between the various arms of the Party.

The National Executive Council (NEC) is the principal administrative organ of the Party. When circumstances and or political expediency demand this body can transform itself into a National Conference and take crucial decisions, all in the interest of the Party to achieve defined objectives. The NEC as well as the Party Conference has membership right across the length and breadth of the Country. It carries out the programmes and policies determined by the Party Conference.

The National Policy Council (NPC) which comprises key national officers is the principal policy articulating and monitoring organ of the Party.

The Parliamentary Council is composed of all members of the Party in the National legislature. It ensures that members regularly and promptly attend sessions of Parliament and its committees. It also ensures that members speak and vote in accordance with agreed party lines.

It is instructive to note that implementation of party policies are partly done by standing committees (normally set up by the NEC) and ad hoc committees set-up by the NEC or the National Secretariat or the appropriate authorities within the established party structures.
Notable standing committees are FINANCE AND GENERAL PURPOSE (F&GP), STRATEGIC PLANNING, ELECTIONS, FUND RAISING, MONITORING ETC, Ad Hoc committees are exemplified by, NATIONAL CONSULTATIVE, CONSTITUTION REVIEW, etc. Ad Hoc committees are transient and are put together for specific purposes at a particular time to address or achieve that purpose.

An organogram is attached to show the relationship between the different administrative strata. Each stratum below the NEC has an elected executive of not less than 10 members, which manages and directs the affairs of the party at that level within broad outlines of the party's principles, rules and objectives.

The SLPP Constitution is designed in such a way that no one man/woman or group is absolutely in control of or owns the Party. This is in stark contrast to other parties formed. In that the demise or prolong absence of their leaders cum owners meant the collapse or total disintegration of the Party. Let me give a few examples: The once vibrant PDP disappeared with the death of their charismatic Leader, Thaimu Bangura; the UNPP disintegrated into different obscured parties courtesy to their dictatorial antics of their "HELICOPTERED" Leader, KAREFA SMART, who is currently hibernating in the USA waiting to come for another election, of course with a return air ticket. The death of Siaka Stevens has left the APC in complete disarray. They are at each others throat and still searching for a Leader.

As for the SLPP, the deaths of the past leaders (eg Dr and Lawyer Margai) have had no lasting negative effect on the SLPP Party. The Party is going from strength to strength.

Mr Chairman I have decided to go to some length to show the inherent democratic nature of the SLPP, an essential virtue for good governance. It therefore becomes a natural instinct for the SLPP to practice good governance at national politics in consonance with the common adages: "that charity begins at home" and `you cannot practice what you don't know'.

When the SLPP was in power before the APC era, we upheld and supported the institution of chieftaincy and local government along democratic lines. This was, however, subsequently bastardised by the APC. They created new ruling houses, anointed their own chiefs, and removed chiefs who were perceived to be opponents of the Party.

Fortunately, with the advent of the SLPP back in power in 1996, we have worked assiduously to restore the dignity of chieftaincy.
Currently, we have allowed election of Paramount Chiefs to be done without any Government interference. This was done in a violent-free atmosphere.

The result is that Paramount Chiefs representing Natural Ruling Houses have been popularly elected.

In addition, modalities are already been put in place for Local Government elections to be held to enable the people at every level within our society to decide on and implement what is good for them.

The "Big Brother" syndrome usually associated with Government has been eradicated. Other areas of governance are following suit, for example in the Ministry of Education, interviews for scholarships are now held at regional levels.

Scholarships are now awarded to deserving students. In essence the SLPP Government has reversed the negative adage that was common in the APC days, eg "Education is a privilege not a right". Today the SLPP is saying that education is a human right not a privilege, especially for the girl child.

Other Government Ministries are also in the process of decentralising. For example in the Ministry of Agriculture and Food Security there are now Regional Directors in addition to the Director General in Freetown, to ensure among others that the appropriate agricultural inputs get to the farmer at affordable price and on time.

In the Ministry of Health and Sanitation, Health Management Boards have been set up, at all District and Regional Levels to work in concert with the Local Government machinery.

Recently, the Vice President Mr Solomon Berewa was all over the country to announce that contracts for projects should be awarded where feasible to local contractors within the beneficiary communities. This policy will surely enhance equitable distribution of wealth and retard the usual on-sided migration to the capital in search of centralised greener pasture.

HISTORICAL PERSPECTIVE

The Sierra Leone People's Party (SLPP) was founded on April 27, 1951 partly in response to constitutional changes effected by the British Colonial Administration after the Second World War and partly to represent the views and aspirations of the people. It was the product of a merger of the Sierra Leone Organising Society (SOS), the Protectorate Educational Progressive Union (PEPU) and the People's Party. The Party was established on the ideals of Unity, Freedom and Justice, which were bequeathed to the nation at Independence.

The Philosophy of "ONE COUNTRY, ONE PEOPLE" was adopted as its motto and the Green Palm Tree as its emblem. The Palm Tree was chosen because of its national geographic coverage, its straight line posture signifying uprightedness, resistant to fire and wind signifying toughness, and of its economic and other utility values - ranging from making bridges, soft timber, roofing, source of food, beaverages to medicine - giving a total of about 28 uses.

Furthermore the Party's Motto underscores the importance which the founding fathers attached to Unity as a solid bedrock of national cohesion, stability, progress and prosperity.

The regional, ethnic and cultural origins of the founding fathers are evidence of the Party's national character and outlook. Amongst others, notable founding fathers were P.C. Bai Farma Tass II, Kandeh Bureh, Siaka Stevens and Dr John Karefa Smart, from the Northern Region, from the Southern Region Dr M A S Margai, Rev Paul Dunbar and P C Bockarie Samba from the Eastern Region, and Rev E M Jones a k a Lamin Sankoh, M S Mustapha and H E B John from the Colony of Sierra Leone, now the Western Area.

It is instructive to note here that it was P C Bai Farma Tass II of Kambia District who willingly relinquished the leadership of the Party in favour of Dr M A S Margai on the legitimate grounds that his duties as Paramount Chief would not allow him sufficient time to devote to national politics. He settled for the deputy leadership of the Party. Other key national officers were A J Momoh, First Vice President, Lamina Sankoh, Second Vice President, Kandeh Bureh, Treasurer and H E B John, National Secretary-General. Thus, the SLPP emerged as a party in which every ethnic group, every region, every religious group and every shade of opinion was well represented.

In the general elections of 1951 the SLPP won (13) thirteen protectorate seats and (2) two colony seats. As leader of the majority party, Dr M A S Margai was invited to nominate five members to become un-official members of the executive council. The following were given responsibility for Ministries in 1953. Dr M A S Margai, Health, Agriculture and Forests; A M Margai, Local Government, Education and Welfare, M S Mustapha, Works and Transport, A G Randle, Trade and Commerce, Posts and Telegraphs, and Siaka Stevens Land, Mines and Labour, P C Bai Farama Tass II was appointed Minister without portfolio. The ethnic and regional balance in this embryonic cabinet was to characterize subsequent cabinet appointments of SLPP leaders.

Other Political Parties were formed before the next elections in 1957 notably, the United Peoples Party (UPP), the Kono Progressive Movement (KPM), and the Sierra Leone Independent Movement (SLIM), but the SLPP won again. It scored forty-four (44) out of the fifty(50) elected seats in the House of Representatives by entering into alliance with successful "independent" candidates. However, in 1958 the internal split between "moderates" under Dr Margai and "radicals" under his brother, Albert Margai, came to the fore with the latter breaking away and forming the People's National Party (PNP), with Albert as Leader and Siaka Stevens as his Deputy.

Indeed, after ten years of political awakening and conscientization, honest dialogue and judicious cooperation with the erstwhile colonial masters spearheaded by the SLPP under the revered and able leadership of Sir Milion Margai, Sierra Leone attained Independence without resort to the use of violence on April 27`h, 1961. Indeed it was a peaceful transition from colonial rule to self-determination.
Consequently, Sir Milton Margai became the first Prime Minister of Modern Sierra Leone. The ensuing seven years of SLPP rule was charactised by peace, political tranquillity, remarkable socio-economic infrastructural development, a robust economy with a strong currency (the Leone), self sufficiency in food production with a normal surplus for the export market, affordable health care and educational facilities, observance of the rule of law and tolerance of organised dissent, an equitable distribution of the national cake, and a negligible level of unemployment. The high standard of education and self-reliance in food production in the country earned it the prestigious names of the "ATHENS" and Bread Basket of West Africa.

In short the SLPP established a culture of respect for the rule of law, meritocracy, honest and dedicated service to the nation and, above all national cohesion.

Between 1960 and 1962 the SLPP was the dominant party in the House of Representatives. Outside Parliament, its authority was challenged by the All Peoples Congress Party (APC), which emerged in 1960 under the leadership of Siaka P Stevens. In 1962, it conducted free, fair, peaceful and transparent General Election in which the APC won 16 (sixteen) seats drawn only from the Western Area and the Northern Province. The APC thus formed the official opposition in Parliament. The SLPP secured a working majority by entering into alliance with successful "independent" candidates who failed to secure the SLPP symbol.

Sir Milton's charismatic and astute leadership as well as his moderate and cautious approach to the problems of nation-building prevented the disintegration of the SLPP. When he died on April 28, 1964, he left behind a legacy of a party system, which was highly pluralistic in nature and highly tolerant of organised dissent.

Section 58(2) of the 1961 Constitution, which empowered the Governor-General to appoint as Prime Minister a Member of Parliament who appeared to him likely to command the support of a majority of the members of the House was invoked by Sir Henry Lightfoot-Boston to appoint Sir Albert as a successor to late Sir Milton Margai.

M S Mustapha who has twice acted as Prime Minster, Dr Karefa-Smart , Y D Sesay and S L Matturi initially challenged Sir Albert's appointment. Their subsequent dismissal as Ministers exacerbated internal conflict in the Party, Dr Karefa-Smart and some Northern Politicians who were dissatisfied with this development left the party to join the APC at once. Furthermore, Albert's attempt to re-organised the Party merely antagonised the conservative elements within its fold.

Indeed, Sir Albert Margai muted the idea of a single party in 1966 and actually passed a Republican Bill in 1967. These in addition to the allegation that he had transformed the SLPP into a Mende-Party provided the opposition with added ammunition which was used to discredit him in the 1967 General Elections.

From the foregoing, it is evident that the SLPP contested the 1967 General Elections as a deeply divided Party. Controversy followed the declared official result of SLPP 32, APC 32, and Independent 2. This created a stalemate which prompted the army to seize power and ushered in a military interregnum, the National Reformation Council (NRC). The elections in 1967 exposed the dangerous state of ethnic and regional tension in Sierra Leone. However, the SLPP went on record as being the first in post-colonial Africa to have conducted free and fair elections with the opposition emerging as winner.

From 1961 to 1967 the SLPP laid the foundation of a solid parliamentary democracy in the country. It provided accessible and affordable quality education and health care facilities for the people. It maintained a stable economy and embarked on infrastructural development projects aimed at accelerating social-economic progress and prosperity.

When the National Reformation Council (NRC) was overthrown by the Anti-Corruption Revolutionary Movement (ACRM) in 1968, the SLPP participated in a government of National Unity under the Leadership of Siaka Stevens of APC. However, the Government was constantly and consistently undermined by the APC and in 1969 the SLPP emerged as the official opposition in Parliament under the distinguished Leadership of Salia Jusu-Sheriff.

Besides the enactment of a series of Laws aimed at undermining the viability of the SLPP as an opposition, the APC used raw violence and intimidation to Kow-tow opposition figures into submission. 1973 and 1977 elections were characterised by unprecedented violence and intimidation against political opponents. A one-party system was imposed on the people of Sierra Leone in 1978. Salia Jusu-Sheriff and eleven Parliamentarians performed the heroic but dangerous role of official opposition to the autocratic and despotic APC.

The sum total of this all is that when the APC wrenched power from the SLPP in 1968, they did not only stop at that, but went further to shatter the foundation for peaceful coexistence by institutionalising and legalising violence as acceptable avenues for attaining political power. It organised and perfected a highly sophisticated syndicate which fixed huge waste pipes on all revenue-generating institutions through which billions of leones drained into private bank accounts in and out of the country, thereby depriving national developments projects of revenue. In short the APC did not only undermine the socioeconomic development of this nation but got it started on the path to persistent economic decline. Ironically and paradoxically as well, the APC became richer than Sierra Leone itself. Little wonder the Chinese Government then refused to hand-over the projects to the APC for implementation. Instead Chinese Government sent Chinese technocrats, technicians, construction personnel including cleaners and painters and materials and implemented all their projects. Thank God for that strategy, today we can boast of the National Stadium, Police Headquarters and Youyi Buildings.

Another significant development albeit retrogressively in the APC era was the legalisation and consolidation of the culture of unbridled corruption: a reversal of the positive gains of the SLPP: The Voucher and Million-gates speak volumes for themselves. Infact, and pathetically the central figure in the voucher gate scandal is still holding high office in the APC and even had the audacity and temerity, shamelessly though, to stand on this platform to accuse the SLPP of corruption.

The two common adages in krio said it all: WU SAI DEN TIE COW, NAR DAE E GO EAT and DEN SAY BAILOR BARRIE YOU SAY DAVIDSON NICOL. Financial and moral corruption reigned supreme.
Let me give a typical example of one of the so-called 99 Tactics the APC employed to deplete the resources into their pockets. The Kabasa Lodge was built with state-money at an unrealistic cost-the excess of course as kick backs. Next it was given to their Leader on one of his numerous birthdays as a state gift. After sometime, he sold it back to the state at exorbitant price. That is the APC basic economics of recycling resources. Uptil now we don't know who actually owns Kabasa Lodge.

Disheartening enough, the judicial system was destroyed with reckless abandon. The Constitution was amended and mutilated to suit the whims and caprices of those in power. The judiciary was converted into an open market place where lawyers, magistrates and judges battered justice for money or favours. In short it denigrated into a state of lawlessness where the so-called "Constructive Nationalism" became "Destructive Nationalism". Justice was denied to the under privileged, sending the signal that there was first and second-class citizens within Sierra Leone.

The re-introduction of democratic pluralism in 1991 witnessed the re-emergency of the SLPP under the dynamic leadership of Salia Jusu-Sheriff. Unfortunately, the democratisation process was interrupted by the Corp d'etat of April 29, 1992 which ushered in the National Provisional Ruling Council (NPRC).

However the NPRC was no better as it helped to prepare the stage for the eventual formalization of the unholy alliance between the soldiers and the RUF. Soldiers abandoned their constitutional role to defined the people of this country but opted instead to butcher them in cold blood: a criminal conspiracy against the defenceless citizens of this country.

Agitation for a return to civilian rule gained momentum in 1995. The Bintumani Conferences (I & II) and external pressures forced the NPRC to reluctantly conduct Presidential and Parliamentary elections in early 1996 in which Alhaji Ahmad Tejan Kabbah and the SLPP emerged victorious. Thus the SLPP came to form a Government after nearly 30 years of mis-rule. It is important to note that other parties including the APC were given and took positions in Government. Expectantly, the SLPP inherited a completely collapsed state. A failed state that is. The soldiers though, half-heartedly handed over power but refused to be confined to the barracks, thus creating problems for the party to root and firmly anchor democracy and good governance in this country.

The first year of SLPP under the charismatic and effervescent Leadership of Alhaji Dr Ahmad Tejan Kabbah was characterised by traditional SLPP trade marks, progress on all fronts- the leone appreciation, inflation dropped from 100 to 6%, prices especially for our staple food, rice plummeted from Le30,000 to Le12,000 a bag on the average, a minimum wage of Le21,000 was introduced, the list goes on.

Again, on Monday 25, 1997 the sobels/rebels violently overthrew the legitimate and democratically elected Government which ushered in nine months of hell-on-earth of junta mis-rule, destroying all the gains made by the SLPP. There was unprecedented human rights violations, reckless destruction of our socio-economic infrastructure, and the wanton rape of the country's treasury and national resources. Luckily, the majority of Sierra Leoneans rejected the AFRC/RUF regime. The Media in particular played a key role, and mostly bordering on suicide to expose and discredit the Junta.

No country in the world recognised the Junta. Eventually the combined forces of the international world led by ECOMOG, combined loyal forces of the Army and Police and the Civil Defence Forces (CDF) drove the AFRC/RUF out of power.

The SLPP - led Government immediately set in strategies to put a halt to the declining situation and opted to bring peace, unity, freedom, justice and national development.

Again on January 6, 1999, the AFRC/RUF and its mercenary allies struck the nation and its city with unparalleled barbarity, looting, rape and arson.

On behalf of the SLPP Party, may I once more take this opportunity to send sincere condolences to those who lost their loved ones or friends during those 10 or so years of rebel activities as well as sympathise with all those who were subjected to human rights violations of any sort and others who lost properties and families who are irreconcilably separated.

THE SIERRA LEONE PEOPLE'S PARTY IN GOVERNANCE

Between 1951 and 1957 the SLPP emerged as the only political party which commanded the confidence and allegiance of majority of the people in the country. It has a comfortable majority in the Legislative Council and the newly constituted House of Representatives. Its leader Dr M A S Margai, was appointed as Chief Minister in July 1954 and towards the end of 1957 as Premier, and by the provisions of the independence constitution of 1961, as Prime Minister. The Party corroborated the efforts of the British colonial administration in laying the foundation of a solid parliamentary democracy in Sierra Leone.
The SLPP, under the charismatic dynamic and astute leadership of Dr M A S Margai, championed the struggle for the political and economic emancipation of the Country. It formed the United National Front (a coalition of political parties) which ushered the country to independence on April 27, 1961

From 1961 to 1967 human rights, the rule of law, freedom of the press, freedom of association and independence of the judiciary were rigidly respected. Political stability, social justice and economic prosperity were the order of the day.

The regional, ethnic and professional diversity of the SLPP Cabinet was and still is, in line with the principles and practice of the politics of inclusion aimed at fostering national cohesion and stability. Sir Milton Margai appointed Dr John Karefa-Smart (Loko), Siaka P Stevens (Limba), Kandeh Bureh (Temne) from the Northern Province, D L Sumner (Sherbro) A J Demby (Mende) and R B Kowa (Mende) from the Southern Province, M S Mustapha (Aku), H E B John (Krio) and R G O King (Krio) from the Western area, Taplima Ngobeh and Salia Jusu Sheriff from the Eastern Region.

The Sierra Leone People's Party was tolerant of organised political dissent. In 1962 it conducted free, peaceful and transparent general elections in which the opposition All Peoples Congress Party (APC) gained a sizeable number of seats in the House of Representatives. In 1967 the Party went on record as being the first in post-colonial Africa to have conducted free and fair elections with the opposition emerging as winner.

The autocratic and tyrannical rule of the APC which followed is a clear testimony to the fact that the SLPP was and still is, a national democratic party. The APC imposed a republican and one-party system against the wishes of the traumatised majority.

The APC misrule and economic mismanagement continued fort 24 years until the military interregnum (April 1991-1996).
After that, the SLPP came to power when it won the Presidential and Parliamentary elections in 1996.

The SLPP, under the dynamic, capable and wise leadership of President Alhaji Ahmad Tejan Kabbah, puts high premium on respect for human rights, the rule of law, an unprecedented freedom of expression, social justice and strict financial and economic accountability and transparency. This has invariably earned the Country considerable international support. The British military and technical presence as well as the proliferation of international NGO's are testimonies to this fact. Moreover, international institutions like the IMF, World Bank, Africa Development Bank, Islamic Bank and others have found the SLPP-ruled Sierra Leone a fertile and safe place to do business.

The SLPP believes that peace is sine qua non for national progress and that a peaceful resolution of the then conflict was a must for national cohesion and sustainable socioeconomic development. Furthermore, sustainable peace and security will provide an enabling environment for each and every individual to maximise his or her potentials. In this regard, the SLPP signed a number of peace accords with the RUF including the Lome, and Abuja Peace Accords, which eventually got us the much sought after peace.

The choice of political leadership at the national and local levels has included all ethnic groups across the length and breadth of the country. Similarly, conscious efforts have been made in other spheres of life to maintain an ethnic balance in the military, the police, the civil service and in civil society generally. It has also opened an arena for unhindered operation of civil society movements.

The major objective of this strategy is to foster and secure the much-elusive national cohesion. There is ample evidence that the SLPP has made giant strides in unifying the Country; one such example is the cordial relationship between the legislative and executive arms of Government.

It is interesting to note that in the last Parliament the SLPP with twenty-seven (27) members in a legislature of eighty (80) was able to enact its bills into laws with minimal hitches.

Our National Leader, H E President Ahmad Tejan Kabbah has played a cardinal role in fostering national cohesion and in preserving democratic values and practices. His Cabinet appointments embrace all ethnic groups.

GENERAL ELECTIONS 2002

The conduct of the last Presidential and Parliamentary Elections ushered in a new era in the politics of Sierra Leone. Local and International observers who monitored the elections were unanimous in their reports that the elections were transparent, free, fair and free from fear.

The SLPP filed in candidates in all the electoral districts of the country a task which other political parties found difficult to accomplish.
The SLPP made significant in roads in areas which were erroneously perceived to be the APC stronghold like the Northern and Western Regions.

Out of 112 seats SLPP had 83 seats, APC got 27 seats and the Angel (PLP) 2 seats, illustrated as follows:

		SLPP	APC	PLP	ALL OTHERS
1	Northern Province	18	22	0	0
2	Western Area	9	5	2	0
3	Eastern Province	24	0	0	0
4	Southern Province	32	0	0	0

It is worthwhile noting that the import of this illustration shows that SLPP did not only get representatives from all regions, but also had representatives from all the districts.
The message from this unique achievement is that the SLPP had finally arrived at the platform of national cohesion as espoused by her sacrosant motto of "One People One Country". By the next election, we hope to improve on this achievement to continue justifying our party's name - Sierra Leone People's Party.
Also in the Presidential Elections, the SLPP .Presidential Candidate H E Alhaji Dr Ahmad Tejan Kabbah won a landslide victory in the first ballot with 70.6% of total ballot; a tall order by any standard.

SOME OF THE ACHIEVEMENTS OF THE SLPP SINCE 1951

1 POLITICAL

The SLPP, under the dynamic and wise leadership of Sir Milton Margai formed the United Front which ushered the country to independence on April 27, 1961 Sierra Leone emerged as a young but dynamic and vivacious nation.

It preserved the democratic principles, values and institutions inherited from the British colonial masters.

Respected and still respect the fundamental rights of the individual and the rule of law.

Maintained maximum peace and stability in the country during its tenure of office.

Respected the independence of the judiciary and never used extra judicial means to attain any political end and, any other objective for that matter.

2 EDUCATION

Encouraged missionaries and Local Government authorities to establish schools throughout the country. Founded the Njala University College and the Milton Margai Teachers College. Awarded scholarships to deserving students to study at home and abroad. Education was a right and not a privilege.

Technical Institutions offering vocational and skilled training were also established. Established the National School of Nursing. Introduced free feeding in Primary and Secondary Schools.

3 HEALTH AND MEDICAL SERVICES

Provided a decentralised and affordable medical system with qualified doctors and nurses. Provided free medical care for students, provided pipe-borne water supply in key towns in the Country, Guma Valley in Freetown and the Degremont Water Supply projects in the provinces.

4 AGRICULTURE

Established the Sierra Leone Produce Marketing Board (SLPMB) to enhance the cultivation and marketing of agricultural produce. Agricultural cooperatives were formed to also help farmers maximise their profits.

Established Rice Corporation in order to provide our staple food at affordable prices and for export to other Countries.

Oil Palm plantations were established.

Piassava was exported from the Sherbro Island, Ginger was similarly exported from the South especially within the Moyamba District.

5 INDUSTRIAL DEVELOPMENT

Encouraged rapid development of efficient manufacturing industries, especially those which utilised raw materials as well as other local resources.

The Wellington Industrial Estate was set-aside for this purpose. Government granted special generous tax concessions to new manufacturing enterprises as investment incentives.

6 TRANSPORT AND COMMUNICATIONS

Built the Deep Water Quay, the National Harbour Improved and maintained the railway.

Established first-class road network in the country. Encouraged river transportation on all of the navigable rivers. Developed the Lungi Airport to international standards and established airfields in all provincial headquarters.

Established the Sierra Leone Road Transport Corporation (SLRTC) in April 1965 to operate Bus services and road haulage throughout the Country at reasonable prices. Sierra Leone Broadcasting Service (SLBS) and Sierra Leone Television, (SLTV) helped to inform, educate and entertain the people.

7 MINING

Renegotiated the Mining lease with the SLST. The Lease was reduced from 99 years to 36 years.

Introduced the Alluvial Diamond Mining policy, which made provision for African participation in the diamond industry. It operated diamond and gold buying and exporting offices in Freetown, Bo and Kenema.

Established Sierra Rutile and SIERROMCO Mines to mine rutile and bauxite in Southern Sierra Leone.

Iron ore was mined at Marampa by DELCO. Chromite was mined within the Kenema District.

Judicious use of the proceeds from the mining industry helped in the structural development of the country.

8 CENTRAL BANKING AND COMMERCE

Established the Central Bank in Sierra Leone and preserved a conducive climate for the operation of commercial Banks. It offered sound and constructive advice on monetary and fiscal policies.

Introduced the decimal currency (the Leone) with a par value with the pound sterling but stronger than the American dollar.

Operated a stable economy thereby enabling the citizenry to live within their means (salaries) with the option to save.

9 ENERGY AND POWER

An adequate and reliable supply of electricity is vital for economic development. There has been an absence of this in Sierra Leone for the past two decades. The infusion of donor funds and substantial subsidies by Government has improved the situation, lately, but power sector requirement are immense.

Through fund provided by the EU and the Government improvement were made to the distribution system. Thanks to these funds, some problems relating to low voltage and poor electricity supply to certain areas of the city have been addressed.

Some substations have been refurbished and vital equipment bought to effect repair to certain areas of the distribution system.

On different occasions a technical audit team from the ADB and the World Bank (WB) team recently reviewed and inspected the Bumbuna operations respectively. Donors (ADB, WB, Italian Government) have now agreed to fund the Project. It is hoped that this Project which will provide 5OMW electricity in the first instance (with a potential of about 350 MW maximum) will soon be initiated with a completion period of 12-18 months. This will greatly enhance Sierra Leone's power generating and supply capacity.

The Guma Hydro-electric plant, which has been non-functional since 1977, will be reactivated this year by Government through the help of the Chinese. When completed it will have an installed capacity of 2.8MW.

Water Supply

The SLPP Government has taken considerable strides in improving both urban and rural water supply.

The Banda Treatment Works at Lungi is being rehabilitated and would soon be commissioned to guarantee 24 hrs water supply to the airport and the environs of the township.

Materials for the emergency water rehabilitation project in Makeni have been procured, and the project completed.

10 TRANSPORT AND COMMUNICATIONS

The Transport and Communications Sector is at the heart of macroeconomic development in most countries the world. -Sierra Leone is no exception.

Most of over 11,000 km road networks were in very advanced stages of dilapidation by this time. The SLPP made a point of maintaining the structural integrity of our roads even during the war as long as access was possible.

Our international airport was a death trap only a few years ago. With improvements on the runway, perimeter fence, edge lighting and terminal building, sanity has been restored. The terminal building is now respectable. Passenger and baggage screening and baggage recovery equipment have been installed to enhance air safety and elevate the airport to ICAO Standards.

With the merging of the Sierra Leone National Telecommunications and Sierra Leone External Telecommunications (SLET), SIERRATEL was born. This single commercial strategy brought international telecommunications right into the bedrooms of many Sierra Leoneans.

The SLPP also radically reformed the sub-sector with the issuing of licence to private operate of all phones and internet cafes. This has really proleterianised and improved the telecommunications service sub-sector. These services are being extended throughout the country.

11 AGRICULTURE AND FOOD SECURITY

In conformity with HE's vision for agricultural food self sufficiency, the Government has recently accepted and adopted an Agricultural master plan for Sierra Leone aimed at charting the country's vision for agricultural development up to the year 2015.

- The SLPP Government has made tremendous strides to restock all forms of livestock

Operations of the North Central Agricultural Development Projects which were suspended due to war have now resume full operation.

The remaining fund of US$3million for the programme will be utilised for agricultural activities in the Tonkolili and Kono Districts.

Funds provided by the ADB will be used for feasibility studies - the following areas:

Rolakoh Rhombhe irrigated rice cultivation

Impact of the combined efforts of all the above is expected to increase agricultural productivity by at least 5 percent every year.

12 SOCIAL SAFETY NET

A novel idea of the SLPP has been the establishment of a "social safety net" otherwise known as the National Security Scheme. The net covers the disabled, the needy and those without regular income, although it focuses on widows and separated children to help them become participators so that they would be re-integrated into society. Another novel SLPP scheme is the National Social Security Scheme. This one is designed for ablebodied Sierra Leoneans between ages 18-60.

Contributors to the scheme will benefit from its various pensions and disability programme on retirement.

13 HEALTH AND SANITATION

Several years of neglect and mismanagement and the destruction of health facilities left 90 percent of our health care delivery facilities nonfunctional. Lack of drugs, equipment, and supplies characterised our health delivery service. Overcrowded and sanitary living conditions exacerbated the situation, leading to a sharp increase in infectious diseases.

The SLPP Government has made steady progress in providing basic health care services to the majority of Sierra Leoneans including those in displaced/refugee camps.

Capacity building for doctors in public health, environmental health, officers, clinical specialists, tutors for the training institutions, MCH and other nurses and 1,355 TBAs were successfully undertaken.

Through the help of donors and from Government funds, drugs were procured and made available on a cost recovery basis in our hospitals.

The Connaught Hospital, the nation's foremost referral health institution, has a modern laboratory facility, and it is to be rehabilitated soon.

SLPP has decentralised health delivery services.

14 NATIONAL COMMISSION FOR SOCIAL ACTION (NACSA)

1 Relief and Humanitarian Assistance

Since its establishment, the commission and its humanitarian partners provided relief assistance to nearly half a million refugees through (UNHCR) and over 1.6 million internally displaced persons and vulnerable communities. Through this effort, war victims benefitted from temporary shelter, health, education, water and sanitation, food and non food items.

2 Assessment Coordination and Resettlement

With marked progress in disarmament in 2001, NCRRR actively coordinated various assessment missions in newly accessed areas in the North and East of the country. District recovery plans were designed and round table conferences held to mobilise resources for each accessible district. In collaboration with UNHCR, government facilitated the return of 60,000 Sierra Leonean refugees in neighbouring Guinea and Liberia through the Commission, and also facilitated the resettlement of over 2million Sierra Leoneans.

3 Re-integration

The Commission's long-term re-integration programme targets ex-combatants as well as war victims in resettled communities who have benefited considerably on a various committee based programmes outlined below:

(a)    Community Based Programme
(b)    SAPA Programme
(c)    Support to Resettlement and Re-integration Project
(d)    Emergency Recovery Support Fund

THE SIERRA LEONE PEOPLE'S PARTY (SLPP) HAS PLEDGED TO CONTINUE TO PURSUE THE FOLLOWING POLICIES WHICH ARE CRITICAL TO FORSTER GOOD GOVERNANCE

PEACE AND INTERNAL SECURITY

Explore and exploit all legitimate avenues to secure sustainable peace and national security in Sierra Leone. Re-organise, modernise and re-equip our security forces.

RESETTLEMENT, RECONSTRUCTION AND REHABILITATION

Mobilise and efficiently utilise local and international resources to resettle displaced people and refugees and to contribute meaningfully in the reconstruction and rehabilitation of their war-ravaged homes.

JUDICIARY

Respect and uphold the Rule of Law, human rights and the principles and practice of democracy.

Provide justice for all irrespective of race, religion, political, social and economic background.

Respect and protect the independence, dignity and effectiveness of the judiciary.

CIVIL SERVICE

Restore honour to the civil service by upgrading standards of operation and renumeration.

ECONOMIC POLICY

Wage a relentless war on corruption and economic indiscipline that have undermined national development.

Device and implement a comprehensive programme aimed at optimising the use of human and material resources in the best interest of the Country.

AGRICULTURE

Promote high agricultural productivity for self-sufficiency, and economic prosperity.

FINANCE

Implement the principles of transparency, accountability and probity in financial affairs.

Review the method of collecting revenue, make judicious use of national resources, and objectively negotiate conditionalities with the IMF, the World Bank and other International Organisations.

Strengthen the Banking system and device policies and programmes to control inflation.

Implement a need oriented, self-reliant, people centred, human development strategy.

LOCAL GOVERNMENT

Uphold and support the institution of Chieftaincy and local government along democratic lines.

TRADE AND INDUSTRY

Enhance opportunities for the citizens to effectively participate in the commerce and industrialization of the nation.

Encourage industries to maximise the utilization of local factors of production in preference to imports.

TRANSPORTATION

Establish a convenient, safe, reliable, efficient and economic transport system for meaningful national development.

EDUCATION

Build on the giant strides already made towards making quality education free at every stratum of the educational system.

HEALTH

Provide efficient, decentralised medical services accessible to all and sundry irrespective of social background.

TOURISM

Work with professionals, foreign governments and NGO's to create a profitable but ecologically sound tourist industry in the Country.

FOREIGN POLICY

Search for diplomatic and other options to end the on-going rebellion.

Establish and maintain embassies which are cost-effective, with status of accreditation.

Respect and honour international treaties and obligations.

MINING

Strengthen the Department of Mines and improve on its international marketing links.

Review the investment policies of the mining sector and seek foreign participation from reputable investors and companies, laying emphasis on the security of Tenure and a win-win situation for all concerned.

Effectively monitor the diamond mining industry not only to minimise/eradicate smuggling but also enhance the realisation of the benefits of this sector for the generality of Sierra Leoneans.

Harmonize the national programmes and policies on mining and the environment with a view to minimising environmental degradation and ensuring the rehabilitation of affected areas.

INFRASTRUCTURE

Encourage the development of community participation in all aspects of infrastructural development, including urban and rural water supply by wells and gravity systems.

ENERGY AND POWER

Ensure that power generation is improved to cater for rural areas as well as urban/industrial/mining areas, with a view to operating these facilities on a sustainable basis, while ensuring a fair distribution of electricity to all parts of the country.

Develop and harness hydro schemes aimed at reducing our dependability on oil for electric generation.

Invite NGO's to help us harness as much solar power as possible on a cost effective basis.

HOUSING

Encourage the development of a housing, building construction industry, taking into consideration the role of the public and private sectors, suppliers of building materials, housing, financing insurance and mortgages, buildings and land tenure, building code, and use control.

GENDER

Develop programmes designed to promote the social and economic status of women, enlarge their legal rights and opportunities for economic development.

Support women empowerment, which will include the setting up of mechanism to guard against the abuse of women and children.

YOUNG GENERATION

Design special, relevant and viable programmes for the young generation.

SPORTS
Formulate a comprehensive programme for the promotion of sports and encourage participation at all levels in order to create a congenial competitive atmosphere.

BAD GOVERNANCE UNDER THE APC WAS CHARACTERISED BY:
1    Electoral fraud
2    Refusal of constitutional rights and protection for political opponents.
3    Elimination of institutional checks and balances.
4    Centralisation and concentration of state power in the office of the President
5    Termination of open party politics by the introduction of the single party system in 1978.
6    Regulation and confinement of political participation within the framework of the recognised Party- the APC.
7    Use of coercive methods to enforce compliances.
8    Recruitment into the Army based on the ticket system and not on merit.
9    Fusion of the Party and national accounts.
10    Promotion of tribal interests over and above the national as exemplified by the Akutay Syndrome. This was buttressed by no less person than the then President and Leader of the APC, Momoh decreed that everyone is at liberty to develop itself along tribal lines.
11    Award of dubious contracts to party members only.
12    The inclusion of the Army and Police in Parliament and Cabinet as far back as 1974.
13    Declaration of an economic state of emergency occasioned by economic mismanagement thereby exposing the military to corruption through manning of economic/financial check points.
14    Declaring the police and the military as self-accounting.
15    Economic marginalisation of areas perceived to be opposed to the APC.
16    Abuse and erosion of the authority of traditional rulers.
War as a political weapon
17    Foday Sankoh chose to launch his war against this nation from the safety of Liberia through the east. Basic common sense will tell you that for a guerrilla war to be sustained in Sierra Leone you need cover offered by the forests in the East and part of the South and a launching pad of relative safety when military withdrawals were needed - Liberia in this instance.

Since the East and South were perceived by the APC as non-conformist to their ideals the war was deliberately kept at bay in those areas as a punishment and a way of decimating the voter population.

The Military regime, NPRC, initially prosecuted the war with vigour and sincerity and therefore temporarily successful. However the APC soldiers in the army broke away and formed an unholy alliance with the rebels to destabilise the Government and the country.

Unfortunately though, the NPRC having tasted the sweet of governance stage-managed the war with the hope of keeping them in power longer.

In addition, Sankoh chose the east and south as the launching pad for economic gains. He did not have the funds to sustain such a war. He cleverly took over those areas - Kono for its diamonds, Kailahun for the agricultural products and Pujehun for diamonds. These areas we all k now are commonly referred to as the bread basket of Sierra Leone. From then on Sankoh had sufficient sources to exchange for lethal weapons needed to kill mother Sierra Leone. It is obviously clear that it is juvenile and expensively ridiculous on the part of anyone to link SLPP to the RUF. If that was true the RUF would have easily turned over the country to the SLPP when we democratically took the reigns of power in 1996. Instead they joined the soldiers to over throw us in 1997. In addition, if the war was our war, why didn't we form an alliance with the RUF or further still merge to contest the 2002 General Elections. Instead the RUF and APC were visibly seen frolicking together during 1997 AFRC/RUF, regime, and during and after 2002 General Elections.

Certain members of the APC served diligently without coercion in the AFRC/RUF junta, and helped in the persecution of SLPP supporters and democratic forces like the media. Paradoxically, an APC Member of Parliament who was obviously part and parcel of the democratic process that was overthrown sought and got appointment as Executive Chairman of a sensitive parastatal. He use the monies belonging to the people of this nation to fund the junta and his personal desires.
At this juncture, I will like to state here without hesitation that uptil now there is no known genuine SLPP Member who took any position in RUF Junta Regime.

Mr Chairman, Commissioners of TRC, Distinguished Ladies and Gentlemen, if I may ask, who then is an RUF Collaborator/Member? The APC or SLPP. The answer is elementary - the APC.

18 The undertaking of White Elephant projects either to gain cheap political popularity and/or for personal aggrandisement. Two such example were the green revolution of the APC where huge sums of money were diverted into pockets, luxury vehicles and other luxuries were paid for while the nation was waiting for the so-called harvest.

The other was the hosting of the OAU Conference in 1980. The economic burden were so unbearable that Sierra Leone's fragile economy completely collapsed. Inflation ate the social economic foundation in the homes and the country at large thereby disturbing peaceful co-existence; the value of the Leone plummeted out of orbit and it is only now that we have managed to bring it into the market economy orbit.

SOME OF THE CAUSES OF THE WAR

1 One of the major causes of the rebel war was greed, hatred and jealousy of the success of others.

2 Furthermore, people refused to play their roles according to their actual potential. Soldiers catapulted themselves into prominent leadership positions knowing fully well that they were ill-equipped to perform such roles. Corporals and Sergeants wanted to become Heads of State. In short, the unbridled ambition of soldiers and the never-do-wells ignited the rebel war.

3 The APC policy dismantling not only the local government structures but also of interfering with Chieftaincy even at the village level was another cause of the war. This obviously eroded the authority of traditional rulers and culture creating indiscipline and lawlessness.

4 Concentration of political power in the hands of members of one ethnic group was another cause of the war. J S Momoh was the President of Sierra Leone, Bambay Kamara was the Inspector-General, the Speaker of Parliament, Mr William Conteh etc were of one ethnic group.

5 The explicit and incontrovertible public pronouncement by J S Momoh that he had failed the nation was also a cause of the war. From that moment the people lost confidence in him, yet he tenaciously held on to power against the wishes of the people.

6 Unbridled corruption coupled with unbearable economic hardship dwindling standard of living of the people was another cause of the war. Mass unemployment was the order of the day providing a comfortable breeding ground for potential recruits into the rebel outfit.

RECOMMENDATIONS

1 Since the current 1991 constitution was made by and for the APC, we recommend that the Constitutional Review Committee made public its findings as soon as practicable.

2 That Local Government elections be held on partisan basis as dictated by the tenets of multi-party democracy. This will also enhance participatory democracy at the grassroots levels.

3 That the forthcoming general elections and subsequent elections be conducted on constituency basis in conformity with the dictates of the national constitution.

4 In that respect, it is further recommended that constituency boundaries be re-demarcated to eliminate the anomalies associated with the APC gerrymandering and to also reflect the current demographic picture.

5 That political contest and regime change be strictly limited to the ballot box. In this regard, all intensive civic education campaign should be launched to sensitise the masses, particularly the young generation, on the need to sustain democracy. Peace studies should also be incorporated into the school curriculum. The military should also be made aware of the fact that the basic tenet of democracy is the subordination of the military to civilian control.

6 That Government should implement without delay the President's policy to solve the youth problem taking on board the fact that youth are in the majority who have been used by the APC, RUF/AFRC to wreak havoc upon this nation and consequently suffered as well.

SUBMISSION BY THE ALL PEOPLES CONGRESS (APC) TO THE TRUTH AND RECONCILIATION COMMISSION (TRC) March 2003

All Peoples Congress (APC) Party - Submission to the TRC

2.0 PREAMBLE

The All Peoples Congress (APC) Party hereby acknowledges receipt of your letter dated 29th November 2002 requesting it to make submission to the Truth and Reconciliation Commission.

(b) The APC considers this an opportunity to present its side of the story relative to the causes of the war which has devastated the country.

(c) The people of Sierra Leone, with the full support of the International Community have won this war. It has not been won by any one man or woman, or by one party or by one tribe or by any particular group of persons.

(d) The APC made significant contributions in ensuring the present Peace. We supported government when me saw it fit to do so and in this regard, our Parliamentary representatives voted with government to make the Lome Peace Accord become an Act of Parliament. Our initiative and full cooperation in introducing the 1991 Constitution (Act No. 6 of 1991), our subsequent participation in both the 1996 and 2002 General Elections also helped in sustaining the current multi party democratic dispensation. Our acceptance of the outcome of both the 1996 and in particular the flawed May 2002 elections is the foundation of the current peace exercise.

(e) The people of Sierra Leone have achieved victory in war. Now the people want prosperity in peace. We have learnt an instructive lesson as a nation that peace is not an abstract thing. To be real, it must be won and it must be worked for.

(f) As we have experienced from the failed Abidjan and Conakry and Lome Accords, Peace Accords do not necessarily guarantee lasting peace.

It is the socio-economic policies and political will which follow the cessation of hostilities that determine the sustainability of peace.

(g) The APC is desirous of sustainable peace and welcomes the Truth and Reconciliation Commission as a conflict resolution mechanism and an instrument for creating an objective historical record.

(h) The APC is convinced that without freedom and justice there can be no peace. The TRC would therefore be required to objectively address the deprivation of both justice and freedom from the depressed people of this country and recommend appropriate measures to prevent any future occurrences.

(i) The people of Sierra Leone deserve and must be assured of a happier future. This must be done quickly and in time to prevent their hopes and aspirations being replaced once again by disaffection and apathy. The APC regards this as a sacred mission.

(j) The APC further hopes that the issues presented to the TRC will not engender TRIBAL, RELIGIOUS OR REGIONAL CONFLICT, but issues that will permanently enhance our NATIONAL DEVELOPMENT, SOCIAL AND ECONOMIC PROSPERITY.

To this end, we hereby submit the position of the APC to the T.RC as our party's contribution towards unveiling the TRUTH as an ingredient for National Reconciliation.

3.0 THE ALL PEOPLES CONGRESS (APC) - A HISTORICAL PERSPECTIVE

(a) The APC was founded in the wake of Sierra Leone's Independence struggle, and was officially declared a political party on the 17,h October 1960. This was in response to the clarion call by democrats to address injustices emanating from the poor colonial dictatorial form of governance that the British were bequeathing to the SLPP in the wake of the wind of change in Africa. A populist grassroots democratic political party, the APC was formed to address the needs of the poor, deprived, abused, underprivileged, depressed and marginalized within the elitist and undemocratic SLPP setup. In addition, there was a demand for "ELECTIONS BEFORE INDEPENDENCE" as was the case in other former British Colonies. Elections are the best form of eliciting the participation or concurrence of the electorate. This demand to involve the masses of the people was flatly rejected by the SLPP Government, hence the formation of the "ELECTIONS BEFORE INDEPENDENCE MOVENIENINT" which later metamorphosed into the APC.

(b) The history of the APC in office is one that is chequered with coups and attempted coups instigated by some SLPP big guns. On the very first day the APC won the 1967 Elections, the late Brigadier David Lansana ordered Lt Hinga Norman (now Minister of Internal Affairs and Co-ordinator of the SLPP Kamajor Militia) to arrest the Governor-General (Head of State), the newly sworn-in APC Prime Minister, Siaka Stevens, and other APC stalwarts at gunpoint, and declared Martial Law. That treasonable action was the genesis of military coups and political instability in our country. We in the APC will always remember that horrible incident and for which we hold the SLPP responsible as the original cause of the continued political instability in Sierra Leone. Because the SLPP refused to bow to the democratic wishes of the people expressed through the ballot box in 1967, free and peaceful elections and consequent peaceful change of government has not been the norm in our country for a long time.

(c) To blame the APC for the devastating war that ruined almost every infrastructure which our Party in government constructed, is not only unfair, but glaringly shows a lack of knowledge of the source of our country's instability. Since the APC was returned to power after the SLPP led Military interregnum in 1968, the ever present threat to remove the party from office by force of arms, forced successive APC governments into a self-defense and state defense posture. In the process, internal security and stability assumed a very prominent place on government agenda thus slowing down the full impact of our development strategies. Even so, the APC is proud to present to this nation significant achievements in nation building, a reality which even our political opponents will acknowledge.

(d) In spite of this stark reality, those opponents have continued to engage in an intensive smear campaign of vilification, mudslinging, misinformation and downright lying against the APC. This evil propaganda gained prominence during and after the Strasser Coup d'etat of April 1992 and the devastating 11-year-old war. Eleven years thence, there is still no discernable national development in the country. We in the APC proudly look back and affirm that the only significant infrastructural development in Sierra Leone since Independence was provided by our party in government.

4.0 GOVERNANCE UNDER THE SLPP - (1961-1967)

The SLPP was the first party in governance following the attainment of independence in 1961. The SLPP was therefore given the opportunity to manage and nurture the new multi-party democratic experiment of the young state. Unfortunately, some of their policies led to most of the problems our country is experiencing today.

The APC is a party formed to put an end to the autocratic rule which the SLPP was wont to continue after independence. The Party, which was initially a movement advocating elections before independence clearly shows its democratic credentials. The Party demanded the participation of the people of the country in determining the type of independence they would prefer. They, wanted for their country an independence without strings attached. The participation of the people in decision-making could only be by election or referendum. The demand for election was denied our party and on the eve of independence, the SLPP under Sir Milton Margai accused our leaders of treason and detained the senior leadership of the APC at Pademba Road Prison. Those detained included - Siaka Stevens - the Party Leader, I. T. A. Wallace Johnson, S. I. Koroma, C. A. KamaraTaylor, S. A. T. Koroma, Ibrahim Ortole Kargbo and many others. They were only released after Independence without charge. Thereafter, obnoxious legislations such as the Public Order Act of 1965 were promulgated.

The APC participated in the first post-independence general Elections in 1962. The SLPP used the advantage of incumbency and converted otherwise contestable Parliamentary seats to the SLPP. This happened even before the elections were conducted. This action of "Unopposed Seats" deprived the APC opposition the chance of a free and democratic contest in those constituencies that had been declared unopposed. At this point vices such as tribalism, nepotism and electoral violence reared their ugly heads. Non-Mende tribes resident in the South and East became victims of SLPP harassment and intimidation and in some cases, naked violence for supporting the APC. This trend characterized subsequent elections up to the controversial 2002 General Elections. The APC together with its ally - the Sierra Leone Independence Movement (SLIM) won 20 seats out of 66 seats in the 1962 general elections. Our Party then accepted the outcome of the election in spite of the massive electoral anomalies.

It is particularly important to acquaint the TRC and the public of abuses of power perpetuated by the SLPP before, during and after the 1967 General Elections. The All Peoples Congress (APC) Party won 32 seats, the SLPP 28 and the Independent Candidates 4 seats. The handpicked SLPP Electoral Commission shamelessly and recklessly concocted the results and announced APC 32 seats, SLPP 32 seats.

This created a lot of confusion and uncertainty.

The Paramount Chiefs Parliamentary results, which were still trickling in were tampered with. The Electoral Commission, in contravention of the law and established convention, announced that all the twelve Chiefs had declared for the SLPP. In fact the Chiefs were a separate class of MPs expected to support the Party which wins the Majority of ordinary member seats. The Governor, who represented the Queen of England, had the authority to appoint as Prime Minister the person who appeared to command the support of the Majority of MPs. Those Paramount Chief Elections results contrary to law were being announced as favouring the SLPP even though it was no longer a secret to the populace that the APC had clearly won the elections. As has been said, the Chiefs in Parliament were expected to support the winning party.

In the face of such blatant display of naivety, callousness, corruption and disregard for the wishes of the electorate, a smooth transfer of power from the SLPP losers to the APC winners through the democratic process became impossible. A gun-toting Lt. Hinga Norman then ADC to the Governor General (now Minister of Internal Affairs and head of the proSLPP Kamajor Militia) arrested the newly sworn-in APC Prime Minister Siaka Stevens and some of his new cabinet Ministers in addition to the Governor General who was representing Her Majesty the Queen of England. Those arrests were at the instance of the then Head of the Military, Brigadier David Lansana himself an SLPP stooge.

It was therefore the SLPP that introduced the soldiers and their coupist ambitions into the politics of our country. When a ruling party uses foul means to hang on to power against the popular wishes of the electorate like the SLPP did in 1967, there can hardly be national concord and reconciliation or the inculcation of a culture of democratic change. The 1967 elections were conducted on the foundation of gross electoral malpractices on the part of the then ruling SLPP. The Justice Dove Edwin Commission of Enquiry into the conduct of the 1967 General Elections clearly documented the fraudulent and flawed nature of the said General Election.

When the APC was returned to power in April 1968, the twice-appointed Prime Minister the late Dr. Siaka Stevens undertook a national reconciliation move by appointing a National Government which included the SLPP and the Independent Candidates as follows:
APC    -    8 Ministers
SLPP    -    4 Ministers
Independents     -    2 Ministers

5.0 SIAKA STEVENS - FOUNDER AND LEADER OF THE APC

Siaka Stevens was the founder and first Leader of the All Peoples Congress Party and he remained Leader until he retired in 1985. He led the Party in the first post-independence General Elections in 1962. The APC won 16 seats, its ally the Sierra Leone Independence Movement (SLIM) won 4 seats and the SLPP 46 seats. Siaka Stevens served as the Opposition Leader until the 1967 Elections, which he won and was appointed Prime Minister. Earlier, Siaka Stevens had been elected Mayor of the Municipality of Freetown when the APC won that City Council Elections in 1964.

As has been noted, the victory of the opposition APC under Siaka Stevens was abruptly ended when an SLPP instigated coup d'etat under the Force Commander Brigadier David Lansana aborted the democratic experiment. The newly sworn-in Prime Minister Siaka Stevens was arrested on 22nd March 1967 on the very day he was appointed. Thirteen months later, in April 1968, Siaka Stevens was re-appointed Prime Minister.

There has been a lot of condemnation of therule of Siaka Stevens spanning the period 1968 to 1985. The APC hereby presents an assessment of his reign in the light of the socioeconomic and political conditions of his time.

• He formed the first opposition Party in Sub-Saharan Africa which unseated an incumbent government in 1967 through the ballot box.
• He formed a government of National Reconciliation in 1968, a year after he was deprived of power giving 4 Cabinet Posts to the SLPP and 2 to Independent Candidates as against 8 seats for his Party.
In the opinion of majority of Sierra Leoneans, Siaka Stevens stabilized our country in the period between 1968 and 1985.

This was the era in West African history when military coups were the order of the day. The 17 years following the fall of Juxon Smith's Military Regime in 1968 saw much stability, development and forward and upward social mobility that no other period in post-independent history of Sierra Leone had recorded. This was the era during which most of the post-independence infrastructural development took place. Roads replaced bush paths, bridges replaced ferries, social services such as Health Care delivery and education, communication and awareness expanded and spread to many parts of the country.
These achievements by Siaka Stevens were neither by accident nor were they by good fortune. On he contrary, they were the results of deliberate policy, prudent calculations, wise counsel and good knowledge of the people and politics of Sierra Leone. These developments are a living testimony to his vision and include, but are not limited to, the under listed:

(a)The Youyi Building
(b)Police Headquarters
(c)Military Headquarters
(d)Aberdeen Bridge
(e)Hill Court Road Bridge
(f)Juba Bridge
(g)The Mange and Kambia bridges
(h)The Masiaka - Bo Road
(i)The Makeni - Kono Road
(j)The Makeni-Kabala Road
(k)The Makeni - Lunsar Roads
(l)Bo - Kenema Road Freetown -
(m)Masiaka Road

Furthermore, Siaka Stevens succeeded in binding and holding the country together clearly using among other things the following combination of techniques:

i. He endeavoured to maintain his image above tribal sentiments by downplaying his own tribal origin.
ii. He brought together as many of the dissenting groups as possible and deployed them at all levels of governance and administration. In short, he instituted a national unity government with a heavy South/Eastern presence through the introduction of a One Party State.
iii. He fostered broad based participation by all tribes in all spheres of social, economic and political endeavours with across-the-board ethnic involvement.
iv. He gave special prominence to the Southern and Eastern ethnic groups in his administration.

Siaka Stevens ensured Military and Police representation in Parliament and Cabinet to ensure their participation in government and cooperation of those vital security institutions.

This had an assuaging effect on their members and for a long time national security and stability were maintained.

By the end of both the administrations of Siaka Stevens and J. S. Momoh, a total of more than 69 senior cabinet posts had been manned by South-Easterners as against a combined total of 40 senior cabinet positions for their Northern counterparts.

6.0 THE ONE PARTY SYSTEM OF GOVERNANCE

Between 1961 and 1978 Sierra Leone had a multi-party system of government. This period covered the reigns of both Sir Milton Margai and Albert Mlargai (1961 - 1967) and Siaka Stevens from 1968 - 1978.

An attempt to introduce a one party system of governance was made by Sir Albert Margai when he introduced a Bill in Parliament in December 1965.

The people of Sierra Leone were ill prepared for this type of government under Sir Albert. The socio-political situation of the country then did not favour a one-party system of government.

The strong-arm tactics and the unguided outbursts of Sir Albert Margai were frowned upon. His arrest of several Senior Army Officers of Northern and Western Area orientation and replacing them with his South-Eastern tribesmen did not go down well.

Sir Albert Margai's maneuvers to introduce the one-party system of government were vehemently opposed by the APC on grounds that he was not trusted at that time.

Sir Albert's enthusiasm was dampened by the decisive defeat of he SLPP in the local District Council Elections held in May 1966. The APC contested 95 seats in the Northern Province and won 72. Earlier in the Freetown City Council elections, the APC won a decisive victory thus unseating the SLPP administration in the Municipality. Siaka Stevens, leader of the APC Opposition in Parliament, was elected as Mayor of Freetown.

When the 1967 Elections were decisively won by the APC, The SLPP instigated the Army to intervene. Since then the Military's ambition to interfere in state governance has been unbridled. A junior officers' coup ousted the NRC Junta of Juxon Smith in196S and Siaka Stevens who had won the 1967 General Elections became Prime Minister. His government contended with several coup attempts as tribal and regional cleavages became exacerbated as a result of the failure of the SLPP to accept democratic change. During the 1973 elections, unprecedented violence was unleashed by the SLPP in the South and East in an attempt to rig the elections. However, the results showed that the APC had a commanding lead in the whole country. After those elections, Siaka Stevens embarked on a national pacification drive to reduce tension in state governance. Much needed development funds were diverted to state security and the maintenance of law and order.

Meanwhile, the APC leadership had appealed to a cross-section of its membership from the Chiefdoms to the District up to the Regional and National levels to open up and accept people from other parties. Thus, the Party was circumspect enough not to force the one party system on the people. The Party leadership refrained from any action likely to give an indication that it intended introducing the one-party system arbitrarily. Eventually, the one-party system became a household topic. Paramount Chiefs and Chiefdom elders particularly from SLPP strongholds in the South and East came to Freetown on delegations requesting the APC government to introduce a one-party system of government. Many prominent SLPP members saw the APC government's all-inclusive and pragmatic approach to state governance as encouraging and voluntarily transferred their allegiance to the APC.

From the above, it became clear that the country needed unity and concord to address the problem of divisiveness at all levels - tribal, regional and religious. The country needed good roads, clean water supply, food, health facilities, etc and only the combined efforts of Sierra Leoneans could provide those services. The country was in a state of economic emergency, health emergency and in short, development emergency. So in May 1978, in response to the national call for a one-party system of governance, a National Referendum was conducted which overwhelmingly endorsed the system.

As has been mentioned in another section of this submission, the country benefited tremendously from the peace and stability which followed the introduction of the one-party governance. Infact, the change from the oneparty to multi-party significantly weakened the state governance apparatus. The country could have better addressed the rebel war if the plethora of political parties had not emerged to vie for power even if it meant destroying the country. The RUF would not have been able to receive support from some sections of the civilian population in the country under the oneparty rule. Opposition parties such as the SLPP and some newly approved parties in 1991 were believed to have given tacit support to the rebels and even encouraged the success of the military coup that toppled the APC, in April 1992..

Most of the major infra-structural development that took place in Sierra Leone occurred during the period of one-party rule. No one can deny the fact that all political talents were integrated in the one-party and every section or tribe contributed to what happened under the system. Political energy was channeled away from tribalism and sectionalism while national development and peace reigned until the reintroduction of multi-partism in 1991.

7.0 PRESIDENT J. S. MOMOH AT THE HELM

President Siaka Stevens was succeeded by Major General Joseph Saidu Momoh as Head of State in October 1985. In the view of the APC, the spate of attempted military coups had in the past hampered national development and created instability in the country. The choice of the Head of the Army as the new Head of State was intended to obviate the grim prospect of the Army usurping power. Consequently, Momoh received overwhelming endorsement at the General Elections in October 1985.

President Momoh ushered in the New Order of Change which many people misunderstood at the time. As soon as his New Order government came into force Momoh initiated political and economic changes. In preference to the IMF Monitored Structural Adjustment Programme, Momoh distanced himself and his government from business tycoon Jami1 Sahid Mohamed, thus removing that tycoon's stranglehold on the economy. Not many African leaders in his era were brave enough like Momoh to introduce IMF programmes.

Momoh was very honest to tell the population after one year in power that his plea for them to - give him their total support having failed, he was unable to remove the country from the economic quagmire he had found it in. He said he would be moving on to accepting the bitter taste of the IMF conditionalities. This statement was quoted out of context by his detractors who said Momoh told the nation that he had failed. The APC submits that Ex-President Momoh has tremendous respect for education and educated people. He had many highly educated people in his cabinet up to the time of his overthrow. At a meeting with Senior Members of the Academic Staff at Njala, he wanted to know the college's capacity in terms of accommodation for students. Momoh was told that thousands of students normally fulfill the academic entry requirements but only a few hundred could be accepted annually because of the limited space. So in addressing students of the college he said those lucky to gain acceptance in that college should count themselves fortunate and privileged since thousands of their kith and kin could not make it. This statement was also quoted out of context. Today, when the SLPP talks about education, they simply say APC said education was a privilege. This is why Sierra Leone is where we are today because of this type of dishonest presentation of people's views.

President Momoh took the bold steps of inviting the IMF and opening up the political process by introducing the 1991 Multi-Party Constitution within a free market economy.

It was not easy for Momoh to reintroduce multiparty democracy and accept the IMF conditionalities. Even Momoh's critics would agree that it takes courage and determination for a leader to undertake economic and political reforms simultaneously. Removing subsidies on fuel, rice and other essential commodities under the IMF Structural Adjustment Programme though courageous, is always at the peril of the government of the day and particularly its leader. Additionally, making the political adjustment from a one-party to multi-party is equally fraught with political land mines inimical to the government of the day and its leader.

Like Gorbachov and his policy of "Glasnosts" and "Perestroika" which dismantled the oneparty system in the USSR, President Momoh introduced the 1991 multi-party democratic Constitution (Act No 6 of 1991) which ended 13 years of one-party rule (1978 -1991). Indeed like Gorbachov, Momoh himself was over-whelmed by those changes and he subsequently became the sacrificial lamb on the altar of both the political and economic reforms he initiated and implemented. Nevertheless those reforms opened up the economy only to be plundered by a youthful, ruthless, corrupt and illegal Military Junta, the NPRC and their sponsors and collaborators, the SLPP.

Precedent to ushering in the 1991 Constitution, Momoh demonstrated a good spirit of National Reconciliation through the rehabilitation of a number of SLPP big guns who had been in selfexile for decades. Beneficiaries of this conciliatory gesture included President Ahmad Tejan Kabbah who was invited home and given back his houses and properties confiscated by the Military junta that took over from the SLPP in 1967.

The question of confiscated properties by Military Juntas in 1967 and 1992 are addressed under a separate heading. But it is relevant and important to note here the fact that even though President Kabbah was in a position to advise against the NPRC seizures in his capacity as the Chairman of the said junta National Advisory Committee, Tejan Kabbah advised the junta to strip his benefactor J.S. Momoh of all his titles, and confiscated his properties and his Military pension. Kabbah had the opportunity to rescind the junta's unconstitutional decisions relating to most of the seizures when he came to power in 1996. As a lawyer, Kabbah knew that the NPRC White Papers on the seizures were mostly at variance with recommendations by the Commissions. Those who were adversely affected were not granted permission to appeal.

When habbah attempted reconciliation, he brought in a West Indian lawyer Justice Cross. Under undue political pressure, Justice Cross left Sierra Leone without completing his job and his conclusions were selective and smacked of vengeance. For example, General Tarawalie who had served as a Commissioner on the BeokuBetts Commission of Enquiry in 1967 that recommended sanctions against Kabbah was singled out for punishment. He did not only lose his properties wrongfully confiscated by the NPRC, Kabbah's white paper on the Justice Cross Commission also deprived him of a building which was not a subject of the NPRC Commission of Enquiry. This is just plain politics of vengence.

In the case of Momoh, President Kabbah ensured that he was deprived of his retirement benefits as President to ensure that he did not pose any threat to him. The sad thing about the Momoh affair was that invitation given to him by President Kabbah to return home was done in bad faith. In 1996, Momoh's wife died in exile in Guinea. When he came to Sierra Leone to bury his wife, he received an enthusiastic welcome from the populace. This did not go down well with Kabbah.

The Cross Commission which was wrongly called National Commission for Reconciliation and Unity was woefully manipulated to the extent that even the NPRC recommendations and decisions were milder than the Cross Commission towards Momoh. That Kabbah orchestrated commission deprived Momoh of everything he had worked for. He came home after Kabbah lured him home to face huge embarrassment at all levels.

The terms of his return home, as clearly stipulated on paper by Kabbah included:

i.    Provision of a house
ii.    A monthly remuneration of Le900,000.
iii.    Provision of security
iv.    Prepaid domestic staff /servants
v.    Office and a secretary
vi.    Monthly allowance of Le250,000 for his wife.

After Momoh returned home on February 22, 1997 those promises ceased to mean anything. The government permitted him to reside in his house, which was in an advanced state of disrepair, with the proviso that the house was government property. In fact it was the APC that undertook the repairs of the house before Momoh occupied it in 1997.

An orchestrated Radio phone-in programme was arranged in which a paid radio audience used unprintable and vitriolic language against a former president. This unsavouiy situation elicited no intervention from the government. In the end, Kabbah told Momoh he could not pay the Le900,000 and the other perquisites promised since students and the radio audience had protested against government paying such benefits. Momoh should be granted the opportunity by the TRC to explain the treatment meted out to him on his return at the explicit invitation of President Kabbah.

As we talk about Truth and Reconciliation we must listen and go beyond the verbal pronouncements of the SLPP leadership which are insincere and only intended to placate the domestic public and the international community. In actual fact, no serious effort has ever been made by the SLPP to encourage genuine national reconciliation. Rehabilitating a former Constitutionally elected president like Momoh would have gone a long way towards bringing national unity and reconciliation. Momoh is today destitute in Guinea deprived of all what he had worked for including his properties and even his Military and Presidential retirement benefits.

Momoh has appealed to the Appeal Court but nothing has yet been done.

8.0 REINTRODUCTION OF MULTI-PARTY DEMOCRACY AND ITS POSITIVE AND NEGATIVE EFFECTS ON GOVERNANCE.

Following the fall of the Berlin wall in 1989, in the wake of Gorbachev's far reaching policy of "glasnost" which resulted in the break up of the Soviet Union and the end of the Cold War, monolithic Party institutions in many African countries broke up. A wind of change ushered in a new era of Democracy, and just as the APC of the seventies succumbed to the fashionable idea of One-Party, so again did it without pressure, respond to the democratic wind of change by re introducing a Multi-Party Constitution in 1991. By this Constitution, the One-Party system of Government first proposed by the SLPP under Sir Albert Margai and later put into effect by Siaka Stevens through extensive consultations among existing political Parties including the SLPP, formerly came to an end.

Opinions will continue to differ in the unending debate regarding the negative and positive effects on society of the two systems of one Party and multi-Party in the Governance of Sierra Leone. In the context of that debate, the APC submits that the change from One-Party to Multi-Party led to intractable weaknesses in State Governance. Those weaknesses to a large measure fuelled the rebel war from its very beginning and eventually led to the overthrow of the Momoh Government by the NPRC Junta.

In the view of the APC, it would have been highly unlikely that under One-Party rule the RUF would have received succour from the civilian population of the Southern and Eastern regions where the rebels first struck. The truth is that both the RUF rebels and hard core SLPP elements took advantage of the dispensation provided by the 1991 Constitution to whip up support for rebel activities from within the civilian population of the East and South of the country. It is also true that as the rebel war raged, the common objective of both the SLPP and the RUF to overthrow the APC Government became inseparable and had to be achieved by all means, foul and violent.

Thus, in the view of the APC, although the reintroduction of Multi-Party Democracy may have given Sierra Leone a new image of acceptability in the eyes of the Western countries advocating democratic systems and practices, it is incontrovertible that the change to multi-party gave rise to serious political cleavages that impacted negatively on our politically uneducated society. The splits into groups of many Political Parties with ill defined agendas and goals prevented the formulation and pursuance of a cohesive national policy needed to initially counter the menace of the marauding RUF rebels when they first struck. Many political parties including the SLPP saw the RUF rebel incursion as an opportunity to gain power once the APC lost it.

A major challenge of the Truth and Reconciliation Commission therefore is to unravel the inexorable Truth about who really started the war and why. Was Foday Sankoh's RUF acting alone from beginning to end of the war? Pin pointing responsibility for starting the war and the reasons for it, is a major challenge to the TRC.
APC's record of bad Governance has often been cited as a reason for the war. However, the nature and conduct of the rebel war, from its very beginning to end, belies that claim. If the RUF objective was the removal of the APC for whatever reason, why did the war continue and increase in its intensity long after the APC Government was removed in 1992? Why were all parts of the country affected especially after the SLPP was voted in Government in 1996? Surely, the unrestrained spread of the war did not happen because of dislike of the APC by the people of Sierra Leone. The spread of the war was deliberately orchestrated by the SLPP to ensure that the Northern part of the country which is the support base of the APC is destroyed.

9.0 SOME OF THE NATIONAL DEVELOPMENT RECORD OF THE APC

Among the many monumental APC infrastructural development are the following:

(a) All the country's good roads and two lane bridges
(b) The National Stadium, Youyi Building, the Police and Military Headquarters, the Kennedy Building, Students Hostels and the Mary Kingsley Auditorium all at FBC.
(c) The Bo, Bumbuna, the Makeni, the Port Loko and Milton Margai Teachers Colleges
(d) The Bo - Kenema power service. The Dodo Hydro Electricity and the BoDanida Thermal Electricity
(e) The Magbass Sugar Factory and several IDA Agricultural Projects in the hinterland
(f) Institute of Public Administration and Management (IPAM), the Law School, the Medical School, the School of Hygiene and the Para-Medical school in Bo.
(g) The Cost Recovery Medical Drugs Programme
(h) The construction of Low Cost Housing
(i) The expansion and construction works of Military Barracks in Bo, Benguima, Jui, Lungi, Makeni and Goderich.
(j) Extension and dredging of the Queen Elizabeth II Quay, extension of Lungi Airport to international standard
(k) The modernization of SIEIRR.ATEL and the provision of Earth Satellite Station.
(l) The construction of OAU village
(m) The building, extension and refurbishing of Mammy Yoko, Bintumani, Cape Sierra and Brookfeilds Hotels
(n) The creation of Sierra Leone Roads Authority (SLRA)
(o) The construction of schools and health care centres all over the country.
(p) The establishment of the Opportunities Industrialization Center (OIC)
(q) The Mano River Union and the Mano River Bridge linking Sierra Leone and Liberia.
(r) Commencement of the Bumbuna Hydro - Electric Project

The above examples show glaringly that the APC left its indelible marks on the development map of Sierra Leone. Since the overthrow of the APC by the NPRC military junta in 1992, the country has been sliding backwards and the situation has been exacerbated by the uncaring SLPP Leadership of Ahmad Tejan Kabbah. The APC submits that there was no need for a rebel war in view of the stability, security, peace and development our party was giving to Sierra Leone. We further submit that the ballot box is the proper medium for change of government.

10.0 THE REBEL WAR

In apportioning blame for the causes of the war, it has been fashionable for the opponents of the APC to falsely put it at the doorsteps of our Party. They say the war started because of bad governance under the APC. This, in our view, is a simplistic and escapist attempt on the part of our detractors to distort the true causes of the war. On the contrary, it has to do to a great extent with the inability of the SLPP to peacefully accept change through the democratic process. One has to look far beyond the APC Administration to have an objective assessment of the causes of the war.

10.1 THE REBEL WAR - A NATIONAL TRAGEDY.
The RUF war is the worst tragedy that has befallen our country. Cpl Foday Sankoh and his cohorts including power hungry politicians in the SLPP took up arms to remove the APC government from power. When they struck and wherever they went, the RUF marauders danced with palm leaves, the symbol of the SLPP. It is an undisputed fact that the SLPP supporters in the South and East warmly embraced the RUF fighters. Soldiers of the Sierra Leone Army suffered great loss of life and limbs as they were wrongly labeled as "Momoh's sojas". While the APC vehemently resisted the RUF incursion and denounced their horrible atrocities and abuses of human rights, the SLPP was dining and dancing with them. The SLPP saw the RUF as an extension of the infamous "Ndorgborwusoi" war of the early 1980s during President Siaka Steven's reign. The RUF fighters in the initial stages of the war included foreign mercenaries thus underlining its international dimension. Foday Sankoh who had earlier been imprisoned for treasonable offences was bent on revenge against the APC. He thus became an easy tool to be manipulated by the SLPP and the international mercenaries who invaded Sierra Leone.

In the end, the RUF menace rapidly escalated throughout Sierra Leone and became a national tragedy. In the wake of the mayhem the entire country became devastated. Large numbers of innocent people were maimed or amputated. In addition social set-vices such as education and health delivery efforts were adversely affected as the economy totally collapsed.

10.2 THE REBEL WAR AND THE INTERNATIONAL CONSPIRATORS
It is relevant to draw the attention of the Truth and Reconciliation Commission to the role of external forces in encouraging rebel wars in West Africa.

The 1960s and 1970s were characterized by military coups in the sub-region. The use of rebels to overthrow governments took center stage in the 1980s and the 1990s with disastrous consequences for the affected countries. Libya became a training ground for West African dissidents. Foday Sankoh, and others were amongst the core group of RUF dissidents who received military training and ideological indoctrination in Libya to stir up insurgency in Sierra Leone. The foundation of our rebel war was therefore laid outside Sierra Leone and it was only a matter of time for our country to experience the bitter taste of rebellion.

Foday Sankoh and his RUF rebels used Liberia as a launching pad to attack Sierra Leone.

The war could not have been started in Guinea since that country's Regime opposed it. At the same time, the pro-APC residents bordering the Northern Frontier of Sierra Leone and Guinea would not have welcomed the insurgents. Liberia was therefore the best conduit through which the war against the people of Sierra Leone could be launched. That is where the SLPP had its strongholds.

The NPFL rebellion against President Doe attracted the attention of the sub-regional ECOWAS group which eventually formed the Economic Community of West Africa Monitoring Group (ECOMOG). Sierra Leone became the main take-off base for the ECOMOG forces and it was not surprising that Charles Taylor quickly used this as an excuse to support a rebellion against Sierra Leone. ECOMOG jet bombers took off from Lungi to bomb NPFL targets in Liberia.

When Foday Sanhoh announced the start of his rebellion and said it was intended to overthrow the legitimate government of Sierra Leone, the West African Heads of States should have been prepared to use ECOMOG to support and defend the country against the insurgents.

But countries like Burkina Faso and the Ivory Coast had actively supported the rebel activities by either directly sending troops to fight on the side of rebels or providing safe havens for them. It was no secrete that Burkinabe soldiers actively fought on the side of the NPFL of Liberia and the RUF of Sierra Leone. Ivory Coast became the training base for RUF insurgents at a place called Danane. There was therefore no early ECOMOG intervention in Sierra Leone.

The APC in governance distanced itself from the Libyan regime by refusing to use the principles contained in the Green Book of Col Ghadaffi. For this reason the Libyan Leader encouraged dissidents from Sierra Leone to destabilize the country.

It is therefore not surprising that Libya went all out to support Foday Sankoh in his war effort against the APC government. These were the external forces at play in Sierra Leone at the time immediately before the war. It is therefore unfair and totally unacceptable to assert that the rebel war was solely caused by internal misrule. Whilst the APC accepts that mistakes were made during the period of our governance of the country, we maintain that international conspirators played a decisive role in fueling the war and destroying our country.

Our diamond resources helped the rebels and their external supporters to prolong the war and thus the suffering of our people.

The TRC might find it useful to investigate the role blood diamonds played in the Sierra Leone rebel war.

10.3 THE REBEL WAR AND TRIBALISM
Under APC governance, tribalism and its negative consequences virtually disappeared. The leadership of the Party initiated and developed a deliberate policy of bringing together all the tribes under the national banner. Before this, each tribe considered itself as a distinct group prepared to defend and protect the parochial interest of its membership.

Unfortunately, tribalism again reared its ugly head in 1991 when the RUF rebels declared war on the people of Sierra Leone. They received support from the South / Eastern tribesmen who swelled the ranks of the RUF. The fact that Foday Sankoh, a Temne, was the Leader of the RUF did not in any way affect the large South/Eeastern composition of the movement. He was a stooge in the hands of the SLPP who used him to "remove hot chestnuts from the fire". The senior cadre of the RUF and the rank and file, were predominantly South/Eastern SLPP supporters and sympathizers.

The truth of the matter is that the rebel war became an expression of the SLPP tribalism with the initial support for the rebels coming from the pro SLPP support base in the South and Eastern Provinces.

11.0 THE 1992 COUP D'ETAT AND THE NPRC JUNTA

On the 29th of April 1992 a group of renegade soldiers left the war front and abandoned their constitutional role of defending the country from the marauding RUF rebels and violently overthrew the legitimate government of Sierra Leone

Reference has been made to close sanguinary ties between the SLPP and majority of RUF fighters hailing from the Mende ethnic group. The RUF was formed to topple the APC government from power and they received support of the SLPP. When elements of the RUF and the foreign mercenaries entered Sierra Leone on 23rd March 1991, they carried palm leaves, the symbol of the SLPP.

Many people dishonestly tried to justify the war by advancing reasons ranging from the non provision of logistics to prosecute the war to corruption of the APC government. The above assertions are erroneous as the APC government robustly resisted the rebel incursion by providing adequate arms other logistical support including increased food rations for the fighting men. By the time of the NPRC coup the rebels had been pushed to a small portion along the Liberian border in the Kailahun District. The NPRC military junta cannot use the lack of logistics as a plausible reason for abandoning their traditional role of protecting the people of Sierra Leone and turning their guns against the legitimate government. Furthermore in an effort to minimize corruption the APC government had by 1991 completed the implementation of political and economic reforms.

Sierra Leone had been given a clean bill of health in August 1991. The IMF and World Bank agreed to provide Sierra Leone between $40 million and $50 million to help pay for essential imports. The European Community agreed to provide similar sum and other donors were prepared to follow suit.

The party initiated economic and political reforms which led to the government securing an IMF Rights Accumulation Programme (RAP). Under this program the requirement for a country to make capital payments to the IMF was suspended. Having successfully put in place the required economic reforms the APC government was granted the right to accumulate amounts under a Structural Adjustment Facility (SAF). By February 1992 the World Bank had funded the importation of essential goods including petroleum and petroleum products. Money had also been made available for the rehabilitation of the Kingtom Power Station. These were all as a result of prudent economic policy initiated by the APC Government under President Momoh.
In 1991 the APC promulgated the multi-party Constitution which had been endorsed in a nationwide referendum thus ending thirteen years of one party governance. With the introduction of the multi-party system of government elections were slated for October 1992. In response to this the following political parties emerged:

(a)    Sierra Leone Peoples Party (SLPP)
(b)    National Action Party (NAP)
(c)    Unity Party (UP)
(d)    Peoples Democratic Party (PDP)
(e)    Democratic Peoples Party (DPP)
(f)     All Peoples Congress Party (APC)

It is against this favourable economic and political climate that both the rebel war and the military coup were unleashed on the people of Sierra Leone! Contrary to the high expectations of their admirers, four years of reckless and treasonable NPRC rule created more problems for this country than they actually promised to solve. The indiscriminate killings of perceived political opponents will be cataloged under human rights abuses in this presentation.

12.0 THE SLPP IN GOVERNANCE- (1996-1997)

When the APC Party agreed to support the SLPP Presidential candidate Ahmad Tejan Kabbah during the 1996 Presidential election run-off, it did so in the knowledge and belief that the SLPP as a Party had connections with the RUF rebel group that took up arms against the APC Party, as well as with the NPRC military junta that subsequently overthrew the APC.

Since both RUF rebels and NPRC junta activities led to nothing but chaos, lawlessness, massive looting and unprecedented violence, it was the view of the APC that their common ally, the SLPP, should be called upon to clean the mess which all of them created. Furthermore the APC realised that the NPRC Junta under Julius Maada Bio could only have handed over power to the SLPP, and to no other party! For the same reason the APC Party also believed that a good chance to strike a peace deal with the RUF rebel group existed only if the SLPP was in power.

The APC believed that the stage for the early attainment of peace with the RUF had been set before the departure of the NPRC Junta under Maada Bio himself a declared SLPP. He had identified Foday Sankoh as the rebel leader and had actually spoken to him by radio to the hearing of many Sierra Leoneans. Prior to that, there were doubts as to the existence of Foday Sankoh as leader of the RUF. All that Kabbah needed to do on assuming power was to deal with Foday Sankoh, with sincerity and determination.

The people of Sierra Leone must consciously recollect that Kabbah, upon assuming office, could not convince himself about the reality of Foday Sanhoh. He took the position that there was no one to talk to.

This explains why peace was achieved only after so much loss of life and property, and shows the extent of President Kabbah's bad judgement for which he should take full responsibility.

Managing the peace process was indeed an important, delicate and sacred assignment that needed careful attention and judgement. Did President Kabbah see it that way? Did his policy, if any, show an urgent desire to achieve genuine peace and reconciliation with the RUF rebels in accordance with the mandate of the people of Sierra Leone through the 1996 election?

The people of this country know very well what happened. President Kabbah misjudged and bungled the situation he inherited. He underrated the force of the RUF and its level of organisation. There was therefore no committed policy to deal with them with a sense of accommodation in order to end the war quickly and reconcile the country.

The Abidjan Peace Accord later signed by President Kabbah and Foday Sankoh could not be implemented because Kabbah signed it in bad faith. After the signing of the said agreement the SLPP government instigated a coup plot against Foday Sankoh by senior RLJF members who had been despatched to Freetown on a mission to consolidate the said Agreement. As it turned out, that coup plot against Foday Sankoh failed woefully when the coupists, upon their return to the bush, got arrested by fellow rebels and charged with disloyalty to Sankoh. Their fate has never been known, but the rebel war raged on because of that failed coup plot. At the same time, the National Army may have become war weary and disillusioned and were perhaps unwilling to fight the rebels any more. As a result, the rebels swept right across the country with little resistance from the army.

At this stage, SLPP anger against their presumed RUF ally reached boiling point because they had failed to acknowledge the attainment of their common objective of forming an SLPP Government. This led some SLPP elements within the RUF rank and file to break away and form the Kamajor Militia, which became fiercely hostile to the RUF.

That SLPP militia, a mono-ethnic force operated far beyond its local vicinity contrary to the operational requirement of a civil defence force.

The Kamajor was accorded full recognition by Government and provided with substantial financial and logistic support contrary to the Constitution. This was at a time when the National Army was ill provided with such support. No other local defence force by any name in the country received any such attention and support as the Kamajor. This led to discontent and disillusionment within the rank and file of the Army.

At that point, Government seemed like dangerously running two opposing Armies. In fact, in some areas this led to hostility and open war between the Army and the Kamajor militia while RUF rebels stood by and watched. It had then become obvious to many observers that sooner or later one of these armies would rebel against the Government of President Kabbah.

It was in fact elements of these disgruntled soldiers who eventually illegally overthrew the Kabbah Government and formed the Armed Forces Revolutionary Council (AFRC). That overthrow plunged our country into the worst political quagmire it had ever witnessed since independence. This gave rise to unprecedented loss of life and property. President Kabbah confessed that he knew of the coup three days before the miscreants struck. Why he failed to put in place the necessary deterrent security measures should be of interest to the TRC. In the opinion of the APC, it bears repeating that President Kabbah and his SLPP Government should be held responsible for such grave human tragedy and the destruction of Sierra Leone, which in every respect was the product of bad policy and poor judgement.

13.0 THE AFRC JUNTA AND FOREIGN MILITARY INVASION

One of the most disturbingly destructive actions of Kabbah's Presidency was that of requesting the late Nigerian dictator, Sani Abacha, to send troops to Sierra Leone to reverse the AFRC coup and restore him back to power, whatever the human and material cost. Dr James Jonah, then Sierra Leone's Permanent Representative to the United Nations, was a strong advocate of that position. Abacha, seeing the invitation as an opportunity to divert Nigerian public and international attention away from his unpopular dictatorial military junta, quickly despatched forces to "restore Democracy" in Sierra Leone. People wondered why Abacha could be so willing to do this while blatantly denying his Nigerian people that so-called Democracy.

On June 2nd 1997 Abacha's army randomly bombarded the city of Freetown from Nigerian naval boats berthed in Sierra Leone's coastal waters of the Atlantic. On that fateful day, over eighty people, most of them civilians, lay dead. From that day on, the story of the Sierra Leone civil war was one of violent confrontations involving the Nigerian army and local forces of the Sierra Leone army, the RUF and the Kamajor militia. In time, each of these forces committed horrendous and serious crimes against poor innocent civilians. The extent of their violations of human rights and the crimes they committed against the civilian population has warranted the setting up of a Special Court in Sierra Leone in addition to the TRC.

To many people, it was obvious that Abacha had miscalculated in his belief that Nigerian military might could dismiss the AFRC Junta in a matter of days. That did not happen. On the contrary, initial Nigerian actions were bungled and unprofessional, contrary to Kabbah's characterisation of it as a professional Army. Local forces overran their positions capturing over three hundred Nigerian soldiers. They were eventually released, but there was no doubting the fact that Nigerian military temple of pride had been broken in Sierra Leone. This led to anger. To restore their battered image, a huge military build up was ordered and within weeks their base at Jui in the outskirts of Freetown had developed into a huge garrison. Dislodging that fortress was an impossible task for the AFRC Junta. Clashes with Nigerian forces led to great loss of life and property.

In order to conceal Nigeria's unilateral military action in Sierra Leone and more so to give it a measure of legitimacy in the face of heavy criticism nationally and internationally, the name ECOMOG was applied to their operations. However, everyone now knows that to all intents and purposes, the Nigerian military intervention in Sierra Leone was based on an understanding between Kabbah and Abacha. It had no UN or ECOWAS sanction or authority before it began on 2nd June 1997.

As it happened, embellishing naked Nigerian action with ECOMOG colours was not going to stand the test of time. Little wonder therefore that upon the death of Abacha the so-called ECOMOG idea also died. Kabbah had to hurry to Lome to negotiate with the RUF rebels at last under pressure from the international community. This was a position he had refused to take early in his presidency when it was most desirable in order to save life and property.

It remains the strong view of the APC that the Nigerian military intervention in Sierra Leone contributed to a large measure in the escalation of the brutal war. Some of the horrifying acts committed by local forces against ordinary citizens may have been intended to send a message of anger, protest and disapproval to Kabbah regarding atrocities and brutalities of Nigerian presence in Sierra Leone.

14.0 THE SLPP IN GOVERNANCE (1998 - 2002)

The SLPP governance since the treasonable invasion of Sierra Leone by foreign forces including Sandline Mercenaries and the forceful reinstatement of President Ahmad Tejan Kabbah in Februray 1998 is the period under focus in this section. During this period, many human rights violations were committed. At the same time President Kabbah's bungling policies during this period created a lot of hardship for the people of Sierra Leone.

14.1 THE HUMAN RIGHTS PROFILE OF THE KABBAH GOVERNMENT
One cannot deny the fact that the setting up of both the TRC and the Special Court in Sierra Leone is as a direct result of serious human rights violations committed since the coming into power of President Kabbah. In other words, the focus is on the Kabbah regime, for no other regime since Sierra Leone's attainment of independence has been wreaked with so much violence and bloodshed.

The human rights record of the SLPP between 1998 and 2002 is abysmal. Evidence of this exists in the statistics of the Pademba Road Prison relating to this period. That prison was designed to accommodate a maximum of 324 inmates. Between February and June 1998, it was overstuffed with 3,928 inmates most of them labeled "collaborators" who were arbitrarily arrested, tortured and detained. Among the inmates were under -aged children, disabled people, pregnant women and suckling mothers. By the end of that year the number of inmates had risen to a staggering figure of 4,685. Human Rights activists described the conditions under which people were held as overcrowded, unsanitary and inhuman.

Most of these arbitrary arrests were done in flagrant violation of the Sierra Leone Constitution, which provides for Fundamental Human Rights and Individual Freedoms as well as Protection from Arbitrary Arrest and Torture. Having ignored these provisions in the first instance, the Kabbah Government subsequently decided to legitimize its actions by introducing a Public State of Emergency with retroactive effect for all previous illegal arrests.

In addition, many other workers in both Public and Private Sectors faced summary dismissals and excessive harassment. These included teachers, journalists, trade unionists, university professors, businessmen, religious clerics of all denominations and distinguished private citizens of all sexes. Even the judiciary was not spared. Its Chief Justice, the Honourable Samuel Beccles Davies was despatched on premature retirement. His offence was that he had administered the oath of office to Johnny Paul Koroma as Chairman of the AFRC Junta. The spread of the net was so wide that only few in society were spared.

It is significant to state that most ordinary citizens arrested had campaigned in favour of a politically negotiated solution to the crisis rather than a military one. Hit lists of persons suspected to be anti-war or just simply opposed to the Government were prepared by SLPP stalwarts with the tacit agreement of Government. Some persons named in that list were summarily executed in the streets when caught. The relatively lucky ones were tortured, publicly frog-matched and dumped in the overcrowded Pademba Road Prisons. Many were eventually charged with treason.

A BBC Correspondent reporting from Freetown on the 14th of February 1998 had this to say: "civilians, mostly youths, are actually going out looking for soldiers, RUF rebels and other sympathizers of the AFRC, and in most cases, actually killing them on the spot".

The APC submits that most of those killed immediately after the restoration of the Kabbah Government were its party supporters. They were deliberately targeted because of their party affiliations, tribal or regional origins. Those killings represented nothing but premeditated vengeance that represents a sad chapter in our country's history.

The APC therefore further submits that the success of the TRC's work shall be measured and judged by the Sierra Leone public and the International Community in terms of the extent to which those responsible for these vengeful killings are identified and brought forward to confess their actions publicly and ask for forgiveness.

14.2 AHMAD TEJAN KABBAH, THE BUNGLING PRESIDENT.
Unlike Ahmad Tejan Kabbah, the Siaka Stevens and Momoh presidencies epitomize the advantages of reconciliation and atonement over vindictiveness, selfishness, intransigence and foolish pride which President Kabbah exhibited at the height of the civil war. The Kabbah administration could have borrowed a page or two from the Siaka Stevens / Momoh eras as a first step in the search for lasting peace in Sierra Leone.

Tejan Kabbah undertook a lot of bungling moves during his first 15 months in power as well as after his re-instatement in 1998. Those bungling moves included the following:

(a)    He signed the Abidjan Peace Accord in bad faith and failed to lay that instrument before Parliament as required by the Constitution.
(b) He pitched the mono-ethnic SLPP Kamajor militia against the Sierra Leone Armed Forces thus causing an escalation of the civil war and general instability in the country.
(c)    He pronounced that the Armed Forces were disbanded thus causing the army to become rebels.
(d) Kabbah unilaterally allowed a military foreign intervention into the Sierra Leone crisis without UN, OAU or ECOWAS approval thus causing mayhem in the country.
(e)    Kabbah violated many sections of the Constitution since he assumed the presidency:

Appointment of Ministers from Parliament.
Failing to declare gifts
Appointment of the current Attorney General (Eke Halloway) without going through parliamentary approval.

(f) The Appointment of Chief Hinga Norman as Deputy Minister knowing too well that he is Commander of the Kamajor Militia.
(g) Kabbah's pronouncement in Makeni that the North should apologize to the rest of the country because Foday Sankoh, the RUF Leader has a northern name and is said to have hailed from the North. This was incitement to regional divide and ethnic animousity.
(h) Kabbah's poor handling of events after his re-instatement in 1998 caused the January 6th 1999 invasion of Freetown by rebels.
(i) When Kabbah was in exile in Guinea in 1997, he informed the world that all those Sierra Leoneans who stayed in Sierra Leone after the AFRC coup were rebels. Conversely, when he was re-instated in 1998, he again said that all those Sierra Leoneans who stayed in Guinea were rebels. It was not surprising then that the hitherto receptive Guinean Authorities unleashed unprecedented violence on defenseless Sierra Leonean refugees in that country.
(j) His failure to halt the rampant corruption in the SLPP government makes him an accomplice to the massive destruction of the Donor Funded Sierra Leone economy.

When all this is said, it is relevant to look outside of Sierra Leone to see how Kabbah is perceived by no less a country than the world's superpower and leading democracy, the USA.

The US Defence & Foreign Affairs Handbook on the Sierra Leone situation describing Kabbah's uncompromising and intransigent stance after his re-instatement; wrote thus:

"The Government of Ahmed Tejan Kabbah continued to press its offensive against the rebels throughout the remainder of 9998, but without any real sign of conciliatory gesture. to build the country. The government continued to rely on ECOMOG forces, mainly Nigerian Armed Forces to sustain itself in power; the Sierra Leone Armed Forces were, to all intents, completely destroyed by the civil war.

On October 19, 1998, in defiance of international and domestic calls for conciliatory gestures, President Ahmed Tejan Kabbah commented an the matter of 34 Military Officers who had been sentenced to death by a General Court Martial on October 12, 1998. He noted- 'I was unable to exercise the prerogative of mercy in favour of 24 of the convicted officers. In respect of these convicted officers, I have allowed the judgement of the court to stand and for the law to take its full course. They have accordingly been executed today'! he commuted the sentences of the remaining 10 convicted officers to life imprisonment. Among those executed included Brigadier Hassan Karim Conteh, one of the former senior military leaders of the country.

President Kabbah's actions were badly received by most of the foreign states which had supported his reinstatement as Sierra Leonean Head of State. Many obswevers had concluded that the original coup had taken place largely because of poor actions by President Kabbah himself, and that his reinstatement had been brought about by the actions of foreign states (particularly Nigeria, other ECOWAS states and Britain), and not because of any leadership by President Kcabbah himself. As a result, his subsequent failure to help bring about conciliatory gestures in the country only served to sustain the rebel war in the countryside."

We have decided to quote the American Handbook to indicate to the TRC how prudent leadership could have averted national disaster by a calculated study of the socio-political and military situation that existed then.

When President Kabbah signed the death warrants for the execution of 24 Senior Military Officers, the military and political situation in the country glaringly had two antagonistic factions facing each other with uncompromising anger and bitterness across a broad and drawn out battle front as follows:

i. Ahmad Tejan Kabbah with his governing SLPP and their protector the Nigerian interventionist army in league with Mr. Hinga Norman's mono-ethnic SLPP Kamajor Militia on one hand and
ii. J. P. Koroma with his renegade AFRC and the bulk of the Sierra Leonean Army in unison with Cpl Foday Sankoh's RUF on the other hand.

Beyond any doubt, those were two formidable military and political forces each with potential to wage a protracted, lethal and destructive war. The capacity of each to muster internal and external support should not have been underrated by Kabbah. Each of these groups had acquired the unsavoury reputation of imposing dastardly cruelty on hapless civilians. All that aside, Kabbah and his newly re-instated SLPP Government did not take cognizance of the fact that associations within each of the major forces may not be particularly stable. The Tejan Kabbah - Hinga Norman alliance had earlier shown cracks and cleavages of such serious nature that there had been talk of a major rift within the southern camp pertaining to the Kamajor Movement.

The people of Sierra Leone including the SLPP suddenly started seeing the Nigerians as an occupation army especially with the insufferable arrogance of their soldiers. History should have taught Kabbah that no country ever continues to stay in love with her conquerors for long. The fact that the position of Army Chief of Staff had been given to a Nigerian Maxwell Khobe, head of the interventionist force, and the fact that a Nigerian military officer was head of the Court Martial that passed death sentences on very senior military officers further enraged the army the bulk of whom were in the hinterland together with the AFRC and RUF forces. The players in the Tejan Kabbah theatre of war will definitely not continue to be agreeable bedfellows for long.

On the other side of the battle line, there was no telling whether and how long the allegiance of the RUF to Lt. Col J.P. Koroma will last. Kabbah should have discerned the unstable nature of this alliance because the incarcerated Cpl. Foday Sankoh remained the Supreme Leader and Mentor of the RUF. The Kabbah SLPP Government should have known that the AFRC / RUF union was an association of convenience, not a marriage of ideology. So when the coalition of disparate forces broke up in 1999, a faction moved on Freetown and the 6th Jan 1999 mayhem was the result.

Kabbah should have anticipated this explosion and stayed action in sanctioning the executions of senior army officers. Those executions may have fuelled the anger of the soldiers / rebels who invaded Freetown in January 1999.

If Kabbah had taken cognizance of the possibility of an explosion taking place within each of the two major belligerent groups, innocent blood spilt during the invasion of Freetown in 1999 could have been avoided. We have mentioned elsewhere in this submission the way President Kabbah mismanaged the Abidjan Peace Accord and later the Conakry Accord. He also did not handle with care the Army / Kamajor and the Army / Civilian relationships. He encouraged the dissemination of destructive propaganda by his pro-SLPP radio station FM98.1 under two people Julius Spencer and Alie Bangura) who were rewarded with Ministerial and Ambassadorial positions respectively. The third person (Hanna Fullah) was eventually made Manager of the said radio station.

The radio totally fueled the war in this country by deliberately misinforming the masses. During the invasion of Freetown in 1999 by the rebels, the radio misinformed the people to the extent that many casualties among the civilian population were directly the result of the misinformation bandied around by Dr. Julius Spencer and others. The role of that radio station should be of interest to the TRC and the Special Court. Spencer and Alie Bangura were the Goebells of Kabbah's regime who engaged in RADIO JOURNALISM similar to that which provoked and fuelled genocide in Rwanda.

15.0 TREASON TRIALS AND COURT MARTIALS

The APC is making reference to the various Treason Trials by successive governments with a view to ascertaining whether due process of the Law was observed. Thereafter, we request that efforts be made to ensure that extra judicial killings are addressed and discouraged. Also, the APC appeals to the TRC to recommend that the Laws of Treason be delicately and scrupulously guarded to avoid abuse and misuse.

15.1 TRIALS DURING THE APC GOVERNANCE
i) Brig. David Lansana and Others
The first treason trial was the case of David Lansana and others in 1968. That case is reported in the All England Law Reports, 1969 (Sierra Leone Edition). The APC stands by the records in those reports. That action by Lansana and Hinga Norman directly aborted our democratic experiment and brought the military into the politics of this country. In spite of this, during the APC administration, David Lansana, Berthan Macauley and others appealed against their conviction and the Court of Appeal presided over by judges of high integrity upheld the appellants appeals and they were accordingly freed.

ii) Brig. John Bangura and Others
The APC inherited an Army and a Police Force that were already very politicized. The first few years of APC rule were spent at repelling coup attempts by the Army and in the process valuable time was spent on consolidating national security. After several attempts by Brig. Bangura to overthrow the government, he was tried and convicted by a Court Martial through due process of the law. The views of the new Leadership of the APC regarding political executions is radically changed and our hope is that the Laws of the country relating to Court Martial would be revised in view of current international human rights considerations.

In particular the APC would urge that the process of appeal be maintained for Court Martial cases.

iii) Mohammed Sorie Fornah and 14 Others
Those treason trials lasted for almost two years and went through the due process of the Law. Death sentences were subsequently carried out. It will be recalled that both Mohammed Sorie Fornah and Ibrahim Taqi were Senior Cabinet Ministers in the first Stevens' government in 1968. They left the APC and formed a new political party which unleashed unprecedented violence in the country. The violence was so extreme that the government was left with no alternative but to ban the Party. In their frustration, they resorted to subversion and treason for which they were tried and found guilty. Records of those trials are a testimony of the truth in defense of the APC and the Laws of Sierra Leone.

iv) G. M. T. Kaikai, Francis Minah and Others
That matter went through all Superior Courts of judicature. In all those courts - High Court, Appeal Court, Supreme Court, Mercy Committee, the verdict was guilty. The Chief Justice at that time was the late M. S. F. Kutubu, a Mende of known SLPP sympathies. That verdict was carried out in accordance with the Laws of Sierra Leone.

15.2 EXTRA JUDICIAL KILLINGS BY THE NPRC JUNTA
The NPRC Junta was an illegal, treasonous, brutal and inhumane regime. The APC believes that no legality could come out of an illegality and we humbly submit that whatever the NPRC did cannot be justified let alone the brutal extra judicial killings they committed.

The NPRC executed 29 people who had been allegedly convicted by a Military Court headed by Lt. Col. Kesboyah for allegedly plotting to overthrow the junta. All those executed with the exception of a handful of military officers including Major A. S. Jalloh and Col. Kahota Dumbuya were already in prison having been arrested on the 29th of April 1992 on the day of the coup. Bambay Kamara the ex-Inspector General of Police and Lt. Col. Yayah Kanu for example had been arrested and detained on the day of the said coup. All 29 people were allegedly tried on the night of 29th December and executed on 30th December 1992. The APC submits that no formal trials were conducted, but rather those 29 unfortunate Sierra Leoneans were tortured and killed extra judicially.

The victims of those extra judicial killings included 19 civilians who were arrested in a drinking pub at Lumpa village. Police had declared all of them innocent of the alleged crime. However, whilst detained at Pademba Road Prisons under the State of Emergency, they were dragged out of the Prisons and killed.

It is strongly alleged that those extra judicial killings were far in excess of 29 persons as announced by the NPRC Junta at the time. We appeal to the TRC to ascertain the number of bodies dumped in a mass grave at Kingtom Cemetery after those executions. In the interest of national reconciliation, the APC appeals to the TRC to recommend compensations to the families of the victims of this heinous crime. In addition we request that the TRC recommends that the ring leaders of the NPRC junta including its leader, Capt Strasser and their Advisors come forward and confess their sins and ask for forgiveness.

15.3 THE 1998 SLPP TREASON TRIALS / COURT MARTIALS
When President Kabbah was re-instated in 1998, he abandoned the pacific and reconciliatoiy line as was required by the fluid military and political situation then. The SLPP vigilantes and Kamajors were let loose like wild dogs on defenseless people. In a most unprecedented manner, Public Servants and many others who were collectively called collaborators were arrested and tortured. It is reported that the number of so-called collaborators who were detained at the maximum-security prison at Pademba Road numbered about 5,000 people. This is a prison with a capacity for less than 400 inmates. Perceived political opponents of the SLPP government were all rounded up, tortured and detained. Many unfortunate Sierra Leoneans were lynched or burnt alive by hysterical SLPP youths and Kamajors. People like Musa Kabia, Sheikh Mustaba, Sakoma and Abu Black - all members of the APC - suffered this fate. Radio 98.1 played a decisive role in instigating those murders.

15.3.a) The SLPP 1998 Treason Trials
Those trials were vengeful acts and a travesty of justice. All suspects were tortured and brought before the three established treason courts. They were described by Solomon Berewa, now Vice President, as "collaborators". The Treason and State Offences Act 1963 has no place for collaborators! Was President Kabbah himself not a collaborator during the NPRC Junta which he served as Chief Advisor?

Public Notice No. 4 of 1998 issued by Vice President Berewa, then the Attorney General, is a disgrace to the integrity of all Sierra Leoneans. By that Public Notice which was issued after the offence of the alleged treason, Solomon Berewa deprived the accused persons of FAIR HEARING and violated Section 25 of the Constitution.
Public Notice No. 4 of 1998 also changed the old age Criminal Procedure Act of 1965 and the standard, historic and the unanimous 12-man verdict of the jury to a politically manipulated 8-man verdict of the jury. This was at the expense of the lives of innocent ordinary citizens of our country.

The treason trials were irregular, unfair and emotionally dressed up as the law even though they were not legal. In a desperate and exasperating effort by the Kabbah/Berewa SLPP Administration to exterminate perceived political opponents, that obnoxious Public Notice was issued. The APC appeals to the TRC to address that miscarriage of justice against political opponents in the interest of national reconciliation

15.3.b) THE 1998 SLPP COURT MARTIAL
Never in the history of Sierra Leone has a government proclaiming itself a democratically elected government of the people, descended to such barbarous depths of brutality and revenge killings. When President Kabbah was re-instated in 1998, he appealed to all rebels and soldiers to surrender and promised that those who surrendered would be protected. A large number of soldiers thus surrendered to ECOMOG or to the Guinean authorities in the Republic of Guinea. Killing surrendered soldiers did not encourage their colleagues in the bush to lay down their arms. As a result, some soldiers joined the RUF rebels in a self-defensive move. It was that group that invaded Freetown, broke into Pademba Road prisons and set free all inmates.
With indecent haste and reckless indifference, the Kabbah SLPP administration having Solomon Berewa as hatchet man, killed 24 (twenty -four) soldiers - most of them Senior Officers - They were shot and killed after a very poorly conducted Court Martial.

The current head of the Armed Forces of Sierra Leone and Nigerian Military Officers helped President Kabbah and Berewa to do this dirty job. No appeal was allowed! Can such act engender national reconciliation in a democracy? The answer is an emphatic No!
Of the 24 soldiers executed, only 2 (two) were coupists - Tamba Gborie and -Abu Sankoh a.k.a Zagallo. Both Gborie and Sankoh confessed in open court but Kabbah and Berewa refused to listen. To satisfy their whims and caprices, they tied valuable lives to stakes and shot them in cold blood. A woman Military Officer, Major Kula Samba in charge of rehabilitating child soldiers and combatants, was amongst those killed in cold blood.

We appeal to the TRC to investigate those Court Martial trials. The APC believes that President Kabbah's revenge arrests, trials and executions cannot promote national reconciliation. They are a bad precedence for our fledging democracy.

16.0 CONFISCATED PROPERTIES AND THE DEPRIVATION OF ENTITLEMENTS, ETC.

The APC strongly requests the TRC to address the issue of confiscated properties to the State by Military Juntas starting with the National Reformation Council (NRC) under the late Lt. Col. Juxon Smith in 1967 to the National Provisional Ruling Council (NPRC) of Capt Valentine Strasser in 1992. Whenever the Military intervenes in the affairs of state governance, they are quickly surrounded by opportunistic opponents of the ousted government who chart a course of action which invariably targets marked individuals of the previous government. Commissions of Enquiry in Sierra Leone have been used by Military Juntas as a quick method of vilifying officials of deposed governments and justifying their illegal act of overthrowing a legitimate government.

Commissions of Enquiry were set up by both the NRC and NPRC Juntas. Whereas the former formulated their white papers and followed the recommendations submitted by reputable judges of the Commissions and based their actions on those reports, the NPRC mostly disregarded the recommendations of the judges and vengefully punished all those they perceived to be implacable enemies of the NPRC from among the selected Ministers and Civil Servants who were summoned to appear before the Commissions. Furthermore, whereas the NRC allowed those adversely affected to appeal against the decisions, the NPRC disallowed all appeals. Also, the NRC published the Reports of the Commissions, but the NPRC refused to publish their Commissions Reports contrary to Article 149(4) of the National Constitution, which stipulates that Reports of Commissions of Enquiry should be published within 6 (six) weeks of their completion.

The NPRC reports were only made available to the Cross Commission four years later, in 1996. The said Cross Commission selectively absolved top SLPP members who were Vice Presidents and Ministers in the overthrown APC government of J. S. Momoh.

President Ahmad Tejan Kabbah and Vice President Solomon Berewa, as Chairman and Member respectively, of the NPRC National Advisory Council, played decisive roles in influencing the bungled Commission Reports for which Berewa was a hostile Prosecuting Counsel.

The treatment meted out to Ex-President J. S. Momoh, his former Vice President Abdulai Conteh and other APC officials by the Kabbah sponsored Cross Commission was very selective and unjust. The decision of the Kabbah government to strip them of all their titles and properties was not done in the interest of national reconciliation. Particularly unfair is the decision to deprive the President and Vice President of their retirement benefits. Former Leader of SLPP Salia ]usu Sheriff and who was also Vice President under Momoh was curiously rehabilitated- by Kabbah in spite of the fact that there was an adverse report against him. Our Party frowns at such high handedness and vindictive injustice handed down to our APC Leaders and Officials.
President Kabbah has been less than candid in his promises to restore to Momoh entitlements due him as a former President of Sierra Leone. The public and the international community are given the impression by Kabbah that he has returned properties confiscated from Momoh and rehabilitated him. President Kabbah told the UN General Assembly in 1997 that he had rehabilitated Momoh and accorded him treatment befitting an Ex-Head of State.

Compare the above treatment meted out to ExPresident Momoh to the humane reconciliatory gesture made by Momoh to President Kabbah when he returned home from his over 20 years self-imposed exile. The gesture included restoration of his own properties earlier confiscated in 1967 by the NRC Junta. President Kabbah ignored the implementation of the provisions of Act No2 of 1986 relating to Retirement Benefits for Ex-Presidents and Vice Presidents.

Even the late Dr Siaka Stevens was not spared the wrath of the NPRC Junta to which President Kabbah was Chief Advisor. The Parent decree establishing the Commissions of Enquiry did not cover the period of the late Dr Stevens' administration. However, a witch-hunt was directed against the late President. In the end, Dr. Stevens' properties were confiscated to the state in an unprecedented show of vengeance.

As if that was not enough, the late Dr Stevens was stripped of all his titles and honours post-humously. In our view, this is a bad precedence which cannot engender national reconciliation and unity.
Against this background, Kabbah is believed to have dished a lucrative retirement package to his erstwhile Vice President Albert Joe Demby. We request the TRC to ensure that Ex-President Momoh and his Vice President Abdulai Conteh are given their gratuities and pensions using the same parameters. National Reconciliation demands compliance with legislative enactments.

The TRC may wish to find out where the NPRC leaders, who assumed a holier-than-thou attitude to their APC victims, stored their loot after they were removed from power. Most of them are believed to have bought mansions in Europe and America. Other civilian NPRC Junta leaders like John Benjamin and John Karimu who championed the 1992 coup d'etat and known to have acquired considerable wealth both within and outside Sierra Leone were also instrumental in the seizures of APC properties under the NPRC Junta. Interestingly, they are today members of the SLPP holding high offices and receiving favours from the current government.

The APC requests that properties confiscated by the various Commissions of Enquiry from 1967 be returned to their owners in the interest of National Reconciliation. The TRC is requested to ensure that retirement benefits deprived of people affected by the Commissions be re-instated.

At this stage, it is pertinent to state that the SLPP Government continues to illegally occupy APC properties. These include the Party's National Headquarters at 39 Siaka Stevens Street and its Multipurpose (We Yone) Building situated at Old Railway Line, Brookfields. These properties were never the subject of any Commission of Enquiry. Their continued occupation by the present SLPP government is unfair and will neither enhance national reconciliation nor promote our new democratic dispensation.

17.0 SUMMARY AND CONCLUSION

i. Our submission ends on the note that the strength of the APC lies in the many infrastructural developments the party undertook all over Sierra Leone. Our greatest pride and strength are found within the pages of the 1991 Multi-Party Democratic Constitution (Act No. 6 of 1991). This is the APC gift to Sierra Leone.

ii. To our political adversaries, the SLPP, we ask that they kindly hold sacred this Constitution in the interest of National Reconciliation, Democracy, the Rule of Law and Freedom of the Press. We regret to note that President Kabbah has deliberately yet consistently violated many sections of this Constitution in his vengeful and autocratic tendency to downplay democracy and strangle opposition to his SLPP administration. Such a tendency cannot enhance national unity and reconciliation.

iii. Politics in our country is an APC / SLPP affair even in the context of Multi-Party Democracy.

iv. Like the chicken and the egg situation relating to which of them is older, so it is with the SLPP and the APC with regard to which party did what and during what period in the history of the country.

v. The SLPP accuses the APC for all the evil befallen Sierra Leone. We in the APC flatly deny this charge and instead, we blame the SLPP, the oldest political party in our country for being the architect of all dirty political tricks and evil that have befallen Sierra Leone including, but not limited to, the under listed:
    a. Nepotism
    b. Tribalism
    c. Corruption
    d. Vandalism
    e. Election Rigging
    f. Military intervention in politics and coup d'etat
    g. The tribal "Ndorgbomvosoi" war in Pujehun District in the early 1980s h.
    h. The Foday Sankoh RUF War of destruction and devastation
    i. Legislation of bad laws: The Public Order Act of 1965
    j. Expulsion from Parliament of Opposition Members of Parliament
    k. Political interference in judicial appointments - the Gershon Collier appointment as Chief Justice and Desmond Luke as Chief justice

1. Political interference in appointment in the Civil Service - the Peter Tucker and John Kallon appointments as Head of Civil Service and Establishment Secretaries respectively in the early 1960s.

m. Banishment of Paramount Chiefs and political opponents from their home chiefdoms into strange lands.

        n. Cannibalism and Ritual Murders
        o. Use of Secrete Societies in politics - Poro Societies. The list of examples is unending.

vi. Accusing President J. S. Momoh of promoting the Limba Tribe through his love of Akutay is as good or bad as accusing Prime Minister Albert Margai of promoting Mende Tribesmen in all sensitive positions during his term as Leader of SLPP and Prime Minister of Sierra Leone.

vii. Can anyone deny the fact that it was Prime Minister Albert Margai who refused to accept SLPP defeat at the polls in 1967?

viii. Can anyone deny the fact that the SLPP Prime Minister Sir Albert Margai urged Hinga Norman and Brig. David Lansana, Head of the Armed Forces to stage the first coup d'etat in 1967?

ix. Can anyone deny the fact that the BeokuBetts Commission of Enquiry into the special coffee deal indicted SLPP President Kabbah in 1967 and declared him unfit to hold public office for which good character and integrity are prerequisites?

x. Is it not a fact that with the approval and blessing of President Ahmad Tejan Kabbah, ECOMOG Forces and Sandlilne Mercenaries invaded Sierra Leone and killed thousands of innocent civilians and destroyed properties in the pursuit of his inordinate desire to be restored to the Presidency? Did he initially obtain ECOWAS and UN     approval? No! No! No!

xi. Is it not true that President Kabbah killed 24 soldiers in October 1998 after a sham Court Martial? Kabbah also got 69 civilians condemned to death for Treason for serving a Military Junta even though Kabbah himself had served the NPRC military junta as Chief Advisor.

xii. These and many more unsavoury actions on the part of the SLPP are hard to forget. They are the issues that make national reconciliation difficult.

xiii. President Kabbah and the SLPP have given the most inhumane treatment to former President Momoh. This treatment of Momoh is the worst any democratic country has ever given a former President. Rehabilitating Ex-President Momoh who is today a destitute in Guinea will be a big step towards national reconciliation.

xiv. Sierra Leone has been torn apart because of the vices of political administrators in the two political parties in this country - the SLPP and the APC. These vices are most prevalent and inherent in the political prostitutes with alternating allegiances. The likes of Dr. Sama Banya, S. B. Marah, Alex Koroma, Solomon Demby, J. B. Dauda, Harry Williams, Alhaji Daramy Rogers, Francis Conteh, Abu Aiah Koroma, Michael Abdulai and many more are dangerous in the context of national reconciliation.

xv. The APC is under political persecution at the hands of the SLPP. Democracy is threatened by the over bearing ambition of the SLPP to continue breaching the Constitution in a desperate maneuver to hold on to political power even against the wishes of the people.

xvi. National reconciliation cannot be achieved with an SLPP hand picked National Electoral Commission. The APC accepted this commission's conduct of the May 14, 2002 Parliamentary and Presidential elections in the interest of National Peace and National Reconciliation.

xvii. The PEACE we are currently enjoying is a result of the resolve of all Sierra Leoneans to have PEACE. The APC congratulates all Sierra Leoneans for accomplishing this feat.

xviii. The APC denounces all evil elements and over ambitious politicians in the ranks of the SLPP for encouraging and supporting the criminal and ruthless RUF to wage war on and destroy this country.

xix. Can the RUF and the Kamajors - CDF and their collaborators justify cutting off hands and feet of our unfortunate countrymen? The APC is saddened at such heartless inhumane treatment the RUF / Kamajors have left as indelible scars of their unnecessary fratricidal war in the name of a conspiracy to overthrow and remove the APC administration from office. In our quest for national reconciliation, the APC submits that AMPUTEES should be appropriately cared for and compensated.

xx. The APC is proud of her records in office and these records are visible developments all over Sierra Leone. However, politics is not saintly and it becomes dirty with greed., impropriety and undemocratic overtures on the part of the players. As we urge our brothers and sisters in the SLPP to play the game according to the rules, we at the same time extend to them and all our countrymen and women, an open and forgiving heart and a hand of friendship and reconciliation. To all who the APC may have hurt in anyway what so ever, we say SORRY. Please forgive the APC and let us move this country forward.

xxi. For and on behalf of the APC, the Honourable Ernest Bia Koroma, Leader and Head of the All Peoples Congress (APC) extends to every Sierra Leonean his personal sympathy for the sufferings all Sierra Leoneans have been through. At the same time, the APC Leader extends to the entire country, love, friendship and good will.

xxii. In the words of Honourable Ernest Bat Koroma, Minority Leader of the Sierra Leone House of Parliament and Leader of the All Peoples Congress (APC) Party -

"The APC has forgiven the many people who connived to dismantle the APC and in the process, destroyed Sierra Leone and Sierra Leoneans"

"The APC embraces the 1991 Constitution, an APC gift to Sierra Leone and Sierra Leoneans"

"I invite Sierra Leoneans, in the democratic spirit, to put country before self and to turn a new page in the politics of this country."

"To all my countrymen and women, please note that a political party is like a soccer team playing a game. The coach and players keep changing and so are the rules governing the game.
The APC blends the old and the new membership and as a party both new and old APC are our valuable assets to play the game of politics.
However, my countrymen and women, be assured that our coach has been changed; our rules of the game are changed within democratic parameters and the current Leadership of this glorious party is an embodiment of change for the betterment of Sierra Leone."

"The All Peoples Congress (APC) is urging the Truth and Reconciliation Commission (TRC) to exercise its mandate without fear or favour. I believe that only the truth can heal the many wounds inflicted on the people of this country and on both sides of the cultural and political divide."

"Forward Ever, Backward Never. Truth crushed to earth shall rise again."

For and on behalf of the All Peoples Congress (APC);

Hon. Ernest Bai Koroma
Leader and Head of the APC

Hon. Victor Chukuma Johnson
National Chairman – APC

Osman F. Yansaneh
National Secretary General - APC

TO: THE CHAIRMAN - TRC
RUFP STATEMENT ON GOVERNANCE
CONTACT PERSON: MR. JONATHAN KPOSOWA SECRETARY GENERAL
15 LIGHTFOOT BOSTON STREET FREETOWN.

RUFP STATEMENT ON GOVERNANCE

We thank the entire TRC for the chance offered us to give our own version on Governance in Sierra Leone.

From the reigns of Siaka Stevens up to the time of elections 2002, the roles played by the rulers and their counterparts had been oblique.

They played in the fountains of autocracy, dictatorship, and as capitalists.

The RUFP is not interested in pointing fingers on the leaders as they are not targets for the war fought commencing form the wings of the RUFP. We are totally against the former systems and not individuals or a certain group. Of course it is clear that a political party cannot write without linting cupboards of other parties.

RUFP will speak here nothing but the truth. We encouraged the TRC to continue her transparent duties without fear or favour.

Fellow citizens, the slogans that circulates on the walls of the TRC are correct especially the one that vows in the tune the truth hurts. It is true that the war is over, but the RUFP is still indebted to the nation. RUFP needs to entrench all efforts to control and consolidate our ex-combatants and the peace. What makes it viable to consolidate peace? RUFP alone cannot consolidate peace if most of the ex-combatants are not employed after their reintegration by the NCDDR. The Governance should create venues for employments like what the president is doing now by encouraging investors into Sierra Leone, getting professionals in offices, sacking all those found guilty of corruptions, giving full power to legal professionals to perform without bribe and corruptive hands and should encourage youths to make decisions through the leaders, through the youth ministry.

Fellow Citizens, many oppressions are facing the ex-combatants now especially the RUFP. We are driven out of family circles, driven from houses and even banished from our homes by people not wanting to encourage peace. Few months ago, I was ignored by citizen's expert when there was an intervention of the NCDDR through a keynote player Mr. Sullay Sesay. We should now reconcile and forgive for a better future.

INDEPENDENCE:
Independence for Sierra Leoneans was called for so that the whiteman does not see the ill-practices of the rulers. Sierra Leone is still indebted to independent principles: Like been able to produce by manufacturing our own goods the rich men should have investments. How many ministers are paying 50 Sierra Leoneans monthly from their pockets? How many are donating vehicles to students, how many Sierra Leoneans are personally sending Sierra Leoneans abroad for studies?

Everybody should not rely on Government. We receive salaries from the Government and give our children scholarships meant for the poor. This is corruption. Independence lacking these factors is not independence but invitations for another neocolonialisms.

HURTY EFFECTS.
Coups and countercoups are not good for Sierra Leoneans. RUFP is pleading to all those hurt by the war to forgive and reconcile as the truth will reveal. RUFP is not ready to bring back wounds but to come up with solutions for good governance.

WHY THE RUFP WAGED WAR.
RUFP waged war on the systems of bad governance, corruptions, nepotisms, ignorance, sectionalisms and Zionism by systems. From the first volume of our footpath to democracy, the anthem never called any name of persons but the president and the APC oriented during the formation of the RUF under Cpl. Foday Saybana Sankoh. The APC Government came into power through bullets, selective sectional bloodshed and other means. Students have been killed by bullets because they demonstrated. RUF feels the only way to have taken such government out of power was through the same bullets.

Why we decided to end the war
After these exercises of the war, we have realised that the governance should be monitored and during the few months of good governance, there are much improvements. As I was seated by my radio, I heard my colleague calling the RUFP a tragedic entity. We are please to inform our friends now that the RUFP is a newly established party different from the RUF. We are obedient, rule abiding and willing to work according to the governing principles of the day.

However, though the governance is partially precipitating, there are still some remnants of corrupt elements of the past. One party or multi-party systems are not our problems in Sierra Leone but what we do to live on our resources?

There are now commissions like Anti Corruption, Anti - illegal Salary Collectors. Why set these commissions and blame the RUF for bringing war when one of the standing accusations has been corruption? Today we have ghosts receiving salaries, swaving of largest diamonds, pronouncements of people charged and convicted of corruptions.

ACHIEVEMENTS
RUFP has achieved in various forms: RUFP has made Sierra Leoneans to accomplish the first mission in the world to stop war for people to have peace,

- Awareness time has been achieved by all Sierra Leoneans.
- Villages that had few houses are piled with houses
- Compulsory education is now in good swing. The governance has in the pipe ambition to build houses for Paramount Chiefs, and provide them with mobility.

Police of today is a force for good, the army is a revised army for Sierra Leone,

- The grassroot system is a good vendor
- If any government in powers praises herself, it is due to the listening of the ruling pilots to the people they rule (masses).

ISOLATED IDEOLOGY
RUFP will not embrace anyone/party to go to war because of bad governance in Sierra Leone because the ideology RUFP brought went through no success. No one won the war.

HOW TO AVOID VIOLENCE
- Concisely government can avoid violence by avoiding tribalism, nepotism and sectionalism.
- Avoiding and punish all convicts of crimes incompatible to good governance
- Government should be transparent and accountable
- Government should take all politicians highlighted by political parties as been underground injectors to bad governance of the former systems out of governance immediately.

Let us set our eyes on the injection of RUFP into AFRC. During that reign, RUFP was still looked at to be vividly responsible for all bad acts. Sierra Leoneas should know that RUF was under a high command, Mr. Johnny Paul. This was in 1997. Any loyal personnel especially in the army takes command without excuse or no no in the army.

ATTENTION FOR EX-COMBATANTS
RUFP is now a party force, not a fighting force. We will allow only those who will abide by principles of governance and work adhesively with them. Don't ever accept aggravations by anyone to fight against your fellow Sierra Leoneans. RUFP will not fight in bullets any longer but to find solutions for good Sierra Leone. NCDDR is your way forward to good future plans.

NGO
We wish to thank the NCDDR family for her positive roles in the reintegration of all ex-combatants. We also express gratitude to other donors like:

DFID
UNICEF
NaCSA
NACWAC etc

Yet fellow compatriots, the reason for any prolongation of war is when the fighters are not reintegrated and employed. The RUFP will appreciate it highly were you to continue using your offices to find good jobs for these men after their various courses of interest. We are calling upon employers that government cannot do all. The criteria set for employments despite ex-combatants are very null. Software has been introduced in Sierra Leone not quite two years. How can an employer call for fifteen years experience?

Let us help.

I thank you.

Mr. Jonathan Kposowa Secretay General - RUFP

PLANTED PLANS FOR PARTICULAR TARGETS

RUFP has:
A. To sensitise people on methods of voting and how to bring up the party RUFP that failed in 2002 elections.
- To persuade the people to get more partisans for 2007
- To rebuild some structures of public importance destroyed during the war through centralised contributions and supporters under deep encouragement.
- To lobby in countries adapted to us either by ideology or had helped our political stand out.
RUFP will also defy negatively the notion that the RUF is responsible for atrocities in Sierra Leone, killing massively, destroying economy, raping and amputating citizens.
- To build clinics free for the poor especially for our target groups like the vulnerable, students, old age and below five children.
- To provide at least daily bread for most disabled people and make settlements for them in a form of lodge.
- To provide affordable school system with three session format for morning, afternoon and evening to enable workers pursue further and better education.

B. My work prior to the conflict was professional classroom teaching. I experienced during the conflict that many lives and properties were lost by all warring factions and atrocities were also committed by the factions.

CURRENT ACTIVITIES BY RUFP ARE
- Finding avenues to get finance for the next 2007 elections, persuade supporters, improve the living conditions of our ex-combatants by encouraging them to go through the NCDDR for a better bench to start in Agriculture, auto-mechanism, computer training, academic and other vocational know how. This method will help our human resources.

- To discuss, and positively suggest to the GOSL issues for better governance.

- To request for our ex-combatants to be employed by NGO, because GOSL cannot host all Sierra Leoneans.

- RUFP has planned to encourage good governance and eradicate corruption partially, the goal for which the war was waged.

- To make sure the masses are listened to for decision-makings in the country - GOSL often listens to the masses. D/E - the RUFP is monitoring the legal, political, and systems including the economy. If any fault is found, we will give in suggestions through the oppositional branch the APC for our voice to be heard faster for a redress.
F. Socially, the GOSL is improving. Artists are encouraged by the openings of clubs, hotels, etc. youths are involved in cleanings willingly, and GOSL is pleading for employments and vocational trainings are gong on by the help of NGOs. The war has been put to a halt, the restructuring of tourist houses by the GOSL like Bintumani, Cape Sierra, Lac, Paddys and so many are functioning.

Notwithstanding the economy of the state is OBLIQUE (not transparent). The constitution calls for the utilization of the resources in the state for the state. We are blessed with bigger diamonds now but they are always not accounted for by those who are responsible for them. Recently, we heard 1,004 carats changed to 104 and the 104 cannot again be found. We need transparency and accountability to boost the moral of Sierra Leone to cage democracy.

RUFP - RECOMMENDATIONS

The RUFP is pleased to recommend the following reforms and practical resolutions:

- That the parliamentarians pay at least a monthly visit to their areas of representations every three consecutive months to hear, dialog and bring up to Freetown the problems affecting his citizens for a redress. This scenario should not be objected because we believe the GOSL is providing vehicles, which are only driven to places of individual interests.
- The GOSL should try harder to talk to the international community to provide the trust funds that were to given to each political party (registered parties)
- That all secondary schools encroach three sessions (morning Afternoon and night) for those presently employed. Professionalism should not stop this opinion because seminars can provide most forms five or six students roaming the streets of Sierra Leone to teach better.

Raping - Raping has become the topic for each day though Sierra Leoneans felt it was done by RUF, CDF, SLA, ECOMOG, Etc. RUFP is recommending that anyone who rapes, caught and found guilty under the due process of the law, should be sentenced or serves imprisonment not less than seven years. The prison yard must host a verse area for farming. Our self-sufficiency in Sierra Leone will come faster agriculturally. No negotiations, no bail for convicts.

- That all investors to Sierra Leone should provide electricity, lodge, and good pipe borne water systems for the community in which the investor wants to operate. These dimensions should be preconditions to better investments and benefits.
I thank you.

THE CAUSES AND ANTECEDENTS OF THE WAR IN SIERRA LEONE

SUBMISSION TO THE TRUTH AND RECONCILIATION COMMISSION

On March 23 1991 Liberia's two year-old war spilled over the border into neighboring Sierra Leone. Liberian rebels gave two reasons for this incursion. Firstly, it was claimed that the Sierra Leone government supported and harboured their adversaries. Secondly, Sierra Leone was being used as a base for cross border raids. After almost sixteen months of the incursion, Sierra Leoneans were coming to terms with the scale and effects of rebel activities in almost forty percent of the landmass of the country.

The perplexity of the Sierra Leonean born Revolutionary United Front (RUF) leader Foday Sankoh of leading foreign bandits and murderers in the name of the National Patriotic Front of Liberia (NPFL), and few detractors of the RUF to kill many Sierra Leonean countrymen and desire to know the actual objective of destroying their properties which they have sweated to accumulate over the years is something many people pondered over.

People believed that Mr. Charles Taylor was the chief planner, chief architect, and chief executive official of the rebel war. Indeed, he was a kind of hub around which everything relating to the war that spilled over into Sierra Leone. Speculations about his personal ambitions for which the war was waged were abound, but pointers to his real ambition were not conclusively identified.

Prior to the March 23 invasion by the Revolutionary united Front (RUF), Charles Taylor, the leader of the National Patriotic Front of Liberia (NPFL), had vowed over the BBC report, sometime in October 1991, that he would ensure Sierra Leone taste the bitterness of war. The reason he advanced for this position was that Sierra Leone had allowed herself to be the base ECOMOG base. Also that ECOMOG operated not only to bomb his strategic military positions and installations, but also to otherwise prevent him from achieving his objective of capturing the Presidential seat in Monrovia- the Executive Mansion.

At the time of the October 1991 outburst by the NPFL Leader against Sierra Leone, there was no mention of a Foday Sankoh's so-called National Liberation plans. The March 23 1991 armed attack in Bomaru in kailahun district signaled the beginning of the war. The attack on the sovereignty and territorial integrity of this country could therefore be attributed directly to and be taken to be in fulfillment of the vow that Taylor had made.
Despite the initial denial by Charles Taylor, it was clear that Foday Sankoh was a mere surrogate to him, and that Taylor was giving all the manpower, equipment and logistical support to Foday Sankoh to destabilze Sierra Leone.

The RUF led by Foday Sankoh claimed it was fighting a war of National Liberation. If the real cause, as distinct from declared causes, of Foday Sankoh's effort was to liberate and if he had no hidden agenda, then why was the trend of his attacks directed mostly at the PRODUCTIVE AREAS of the country? And why did he not find a common group with the National Provisional Ruling Council of Sierra Leone, (NPRC), which equally was opposed to the system Sankoh was decrying?

An added reason, advanced later, by the NPFL Leader for being fiercely in arms against Sierra Leone was the presence of ULIMO, United Liberation Movement for Democracy in Liberia, an ethnic coalition of the late Samuel Doe and the alleged support given to it by Sierra Leone against NPFL.

Despite the foregoing argument against both Charles Taylor and Foday Sankoh, the general socio-economic climate and other circumstances prevailing in J.S. Momoh's Sierra Leone at the time of the invasion, would appear to call for some deep reflection and national introspection to determine whether sufficient “provocation” did not exist to aggravate a rebellion or revolution. In Sierra Leone, taking all factors into account, including the nature of the startling revelations of the NPRC commissions of enquiry that were held, the answer would be a definite “YES” in favour of the revolution of the NPRC type, if only to make a change from deplorable situations.

Sierra Leone's economy was in ruins and social and economic life was in shambles. The poor people were getting poorer, while the few rich were getting richer at the expense and detriment of the poor. The ministers of government exploited the people inhumanly. They did not care for the suffering masses and they continued to amass wealth even in times of great economic deprivation for most of the population. The standard of living dropped and morals were not rejected since people had to find ways and means to at least keep on living. Embezzlement, prostitution, smuggling became rampant and accepted vices.

Education in Sierra Leone was no longer a right but a previledge. Only those who could afford it acquired better education for their children. Private schools were preoccupied with the sons and daughters of ministers and government officials. Government schools were totally neglected as they strive to cater for the under previledged.

Politically, for thirty years, different governments had misruled Sierra Leone. As is evident in the African setting, political heads act Ultra Vires by manipulating the constitution in order to perpetuate themselves in power. In the Sierra Leone scenario, the All People's Congress (APC) under the leadership of the Late Siaka P. Stevens skillfully maneuvered the said document, which kept them in power for nearly three decades. Sierra Leone was declared a one party state. This process effectively blocked the political participation of other political parties in the political process. These political parties were compelled under the prevailing circumstances to align themselves with the already powerful APC party. Others that sought not to affiliate themselves to the APC backed out of the process and subsequently lost their public profile.

In the Judiciary, the justices became so conspicuous that Sierra Leoneans were treated as second class citizens. There was lack of independent judiciary. Also a lack of independent media and civil society. There was no popular participation in political and governance systems. These acts became the order of the day. Infact, the judges were remote controlled by the then government officials. Where justice cannot defend the indefensible, one was definitely not going to seek justice in the court of law.

The problem of unemployed also contributed to the causes of the war in Sierra Leone. There was social exclusion, which led to the marginalization of whole groups. That is, groups like the youths, the rural poor and women. There was total economic decline; declining trends in poverty inflation, access to social welfare. There was a growing legacy of unresolved conflicts. Failure to implement dispute resolution mechanisms in any institution in governance therefore these conflicts became deeply embedded in grudges and hatred. It even became of concern when these preoccupied themselves in ghettos and other places where they could be consoled. The youths were not empowered adequately, therefore it was not impressed on them the sense of national participation and development. It became no surprise therefore that, these volatile youths were identified to unleash terror and violence on the opposing forces to the government in power. The mass poverty and illiteracy gave way to the culture of violence. Thuggery and victimization became the order of the day. House breaking and thievery became so rampant that the Police could do little to effect a change or even combat the situation.

The private sector of Sierra Leone was totally disregarded. The Lebanese people controlled the economy of this country. The indigenes were not granted loans to undertake business activities. The reasons proffered were that they couldn't withstand the competition with the Lebanese who are trustworthy. Contracts and businesses were awarded on the 'Quota' system. Because of their access to capital the Lebanese flourished while the indigenous population did the opposite. Resentment towards them grew.

Amidst all these problems, one would be compelled to say, tribalism, nepotism, corruption to name a few, played an integral part which led to the war in Sierra Leone. But are these the root causes of the war in Sierra Leone? The answer is definitely no. Thirty years of misrule are the antecedent, which precipitated Sierra Leone into war. All the problems could be defined in two words: Bad Governance”. Biblically, it is recorded in the book of Proverbs chapter 29 verse 2 that, “when the righteous are in authority the people rejoice, but when a wicked man rules the people groan”.

According to this biblical quotation, a good ruler should be able to identify the needs of its people. When these elements are properly addressed, we can say such a government has a semblance of good governance. On the contrary, when the elements are neglected, there is a great outcry. It becomes apparent therefore that, bad governance is prevalent in such a government.

These and many more were the causes and antecedents of the war in Sierra Leone. The water could no longer hold and a war broke out in Sierra Leone on the 23rd March 1991 in Bomaru in Kailahun district. Kailahun, Pujehun, Bo and Kenema were the first districts affected; Kono and Bonthe were added at the end of the year. Eventually, it engulfed the entire nation.

Submitted by
Michael Kakpindi Jamiru
Print Correspondent
Search for Common Ground (SFCG)
Talking Drum Studio-AS Lone
44 Bathurst Street,Freetown

A PRESENTATION SUBMITTED TO

THEMATIC, EVENT-SPECIFIC AND INSTITUTIONAL HEARINGS BY THE TRUTH AND RECONCILIATION COMMISSION

"THE ROLE OF CIVIL SOCIETY AND IMMIGRANT COMMUNITIES" -PRESENTED BY CIVIL SOCIETY MOVEMENT- SIERRA LEONE (CSM-SL)

1. INTRODUCTION
Mr. Chairman, fellow civil society activists, distinguished ladies and gentlemen. The Civil Society Movement-Sierra Leone (CSM-SL) would like to associate itself with the Truth and Reconciliation Commission (TRC) in its endeavor to document events of the ten years rebel war so that the history of this country will be complete.

Civil Society Movement in Sierra Leone and all its membership share the view that sustainable peace can only be attained in this country when the truth is said and root causes of the conflict are identified and addressed.

2. WHAT IS CIVIL SOCIETY MOVEMENT?
Mr. Chairman, historical events in this country will be incomplete if civil society as a movement and as groups fail to add their voice to such a history. Our story can best be understood if people are informed about where we are coming from as a movements and what we stand for. Loosely defined, Civil Society Movements are independent and voluntary people's movements/organizations acting collectively to serve a common public purpose.

Civil Societies emerged into the world stage at the end of the cold war, which allowed people's movements; popular participation in public events; and discussion on human rights, and so on. These movements came into the scene as a result of the failure of authoritarian regimes that fostered top-down and centralized models of development. This newly recognized power of people's movement sought to bring about major political and socio-economic changes in the world.

Against this background, Civil Society Movement all the world over are committed to the following:

(a) Resisting corrupt and illegitimate regimes and struggling for a leadership elected by democratic means.

(b) Building foundation and strengthening mechanism for a new socio-economic and political order.

(c) Building up and sustaining mechanisms for preventing and dealing with conflict and the protection of the rights of citizens.

(d) Working to bring about a transformed community and to foster a strong and self-sustaining civil society.

With the above goals in mind, Civil Society Movement in Sierra Leone (CSM-SL) has, since its inception in 1998, made considerable gains in its effort to restore democracy; protect the rights of the citizens of this country, protect the security of the state, and setting up of structures and strengthening them in order to carry out its mandate countrywide.

Mr. Chairman, Civil Society Movement in this country has its membership drawn from commercial Motor Drivers and Transport Owners; Petty Traders Association, the Sierra Leone Teachers Union, Youth Groups, Mine Workers Union, Women's Groups, other labour unions and a number of local Non-Governmental Organizations in the country. We are a constituent member of the Mano River Civil Society Movements through which the three Mano River Union countries (Sierra Leone, the Republic of Guinea and Liberia) are jointly pursuing the restoration of peace and economic stability within the three countries. The first Mano River Union Civil Society Movement Conference was held in Freetown in October 2001 - with CSM-SL as convener and the Second MRUCSM was held in Guinea in May 2002 with CSM-Guinea as the host. The instability in Liberia has not allowed the third MRU-CSM Conference. We are working with other civil society groups within the sub-region in Nigeria, the Gambia and the Republic of Senegal.

3. CSM-SL VISION, MISSION, MOTTO AND PROGRAMME PRIORITIES

Our Vision

The Civil Society Movement-Sierra Leone envisions a Sierra Leone that is free from arms conflict, violence, and a country that is peaceful and that has a culture of human rights, good governance and sustainable growth.

Mission Statement

The Civil Society Movement-Sierra Leone is committed to the promotion and consolidation of the culture of peace, good governance and human rights; designing and facilitating participatory programmes to mobilize the citizenry for positive actions that will transform institutions, communities and individuals for peace, democracy and sustainable development in Sierra Leone.

Motto

The Motto of the Movement is "Vox Populi, Vox Dei" (The voice of the people is the Voice of God)

Programme Priorities

The programme priorities of the Movement include the following:

Capacity Building
Citizen Education
Sensitization and Information Dissemination * Advocacy/Lobbying
Peace and Development Initiatives
Development and Humanitarian Affairs
Research and Documentation
International Networking

4. CAUSES AND CONSEQUENCES OF THE WAR
Mr. Chairman, it has become common knowledge that the major causes of the ten years rebel war are bad governance, mismanagement of public funds, bribery and corruption and the lack of accountability and transparency in public offices, nepotism, tribalism, sectionalism, regionalism which is a divide and rule technique that hinders cohesiveness to address issues of national concerns.

The consequences of the war are also too familiar. Sadly enough, our membership, especially commercial motor drivers, petty traders, women and the youth bore the greatest brunt of the war.

The war came to a point when the Sierra Leone Army and the rebels pitched camps together and turned their guns against defenseless citizens. The high ways all over the country were no longer safe as a result of ambushes. Motor drivers and traders who braved the roads in those dark days stood the risk of being ambushed, goods looted, vehicles burnt down, women abducted and rapped and other persons killed in cold blood. As a result, thousand of civilian lives were lost for no just cause. When our members particularly the petty traders decided to use the waterways and boats, just to earn their daily bread, the high seas and water routes soon became dangerous. There are a lot of instances in which the boats either ran into fatal accidents or were again attacked on the high seas; looted and made to drown.

Mr. Chairman, the Civil Society Movement of Sierra Leone, in its present form, consolidated itself initially as a defense force in December,1998 when the rebels (RUF, SLA) were closing in on Freetown- they had by then been around Waterloo. Two weeks after a mass rally held at the cotton tree in Freetown, the rebels invaded the city on January 6,1999. Prior to the invasion, the Citizen's Security Movement was formed with the initiative coming from the leadership of some civil society groups such as the Civic Development Unit (CDU), the Sierra Leone Labour Congress, the Sierra Leone Teachers Union, and the National Union of Students.

It was on the January 6, 1999 invasion and upon the expulsion of the RUF/AFRC from Freetown by ECOMOG that the leaders of these civic groups reflected on the role of civil society in ensuring sustainable peace, security and the promotion of social justice; human rights and national development. In the light of these considerations the name was changed to Civil Society Movement of Sierra Leone and soon had its structures set up in order to take a national dimension.

Since then, Civil Society in Sierra Leone has continued to impact upon the unfolding social and political developments of the country to the extent that it has earned a name for itself as one of the most vibrant civil society movements in the region.

Following the arrest, disarming and detention of the UN Peace Keepers and other security threats, CSM-SL and Parliament jointly organized a peaceful demonstration match to the residence of Cpl. Foday Sankoh RUF leader in May 8t" 2000 to know his position on the issue and demand the release of the UN Peace Keepers. The reaction of the RUF leader to the intention of the demonstrators was negative which led to the death of 22 civilians. These included:

1. Harding Kallon
2. Kabba Bangura Jr.
3. Foday Brima
4. Abu Bakarr Conteh
5. Alhaji Sesay
6. Peter A. Kargbo
7. Musa Kamara
8. Mariam Gassama
9. Saioma Marrah
10. Ballah Turay
11. David Jusu
12. Kumba Brima
13. Soaman Conteh
14. E.T. Kamara
15. Kemoh Jusu
16. Lamin Massaquoi
17. Lucy Cole
18. Josephus Conteh
19. Manso Sesay
20. Foday Bangura
21. Suliaman Bah
22. Alie Koroma

Ladies and gentlemen let us stand up and observe a minute silence for our brothers and sisters who lost their lives in their cause to liberate the nation and the UN Peace Keepers.

The ugly incident led to the subsequent arrest of Foday Sankoh that placed him behind bars. This urged international attention to involve in the crisis, notably the role of the British forces to help stabilize the situation. The Civil Society Movement, despite the gains made has considerable challenges to grappled with. We shall examine these challenges in detail.

5. WHAT ARE IMMIGRANT COMMUNITIES?
We have been requested to discuss the role of immigrant groups resident in Sierra Leone. This is justifiable because these groups are part of civil society. The role some of them play in national development, peace and security is enormous. The major immigrant communities that have made significant contributions include the Lebanese; the Indian community; the Nigerian, Ghanaian, Gambian, Guinean, Senegalese and Liberian communities resident all over the country, particularly in urban and Diamond Mining concentrations.
Immigrant communities who are mainly involved in commercial activities have had their own share in the atrocities of the ten years rebel war. The story is too familiar to us all. Supermarkets, shops stores and goods belonging to immigrants were looted, vandalized or burnt down and thousands of human lives perished.

In peace time, key immigrant groups such as the Lebanese, the Indians have provided grants to support the education of Sierra Leoneans up to University level; they have supported National and grassroot development schemes such as school construction, promotion of games and sports, construction of roads and public infrastructures. It is worth noting that some of these immigrants played negative role resulting to the wanton destruction of lives and properties

6. ROLE OF IMMIGRANTS AND THE CIVIL SOCIETY
What then is the role-played by civil society groups and immigrant communities in the consolidation of peace and national recovery? Immigrant communities on their part, can only undertake economic activities in sustainable basis if there is peace and stability. Certainly, security can be ensured if immigrant communities comply with immigration regulations of the state; immigrant communities, particularly those involved in commercial activities can enhance economic recovery if they comply with tax regulation as well as curb smuggling. Immigrant communities can help to maintain state security if they assist security and state intelligence personnel by providing vital tip offs on any security threats. Considering the fact that immigrant groups are part of civil society, it is suggested that they be involved by the Civil Society Movement of Sierra Leone in future projects that are of national interest.

The greatest challenge facing CSM-SL is to be more proactive rather than reactive. For example a good number of rallies were organized by civil society movement in the early years of its formation shown to be reactive. Civil Society leaders should reflect upon and analyze political, developmental and state security with the view of forestalling any undesirable consequences.

Furthermore, CSM-SL should intensify its present Programme of educating the people on issues relating to active citizenship of their rights and responsibilities and in preparing them to exercise such rights and responsibility.

CSM-SL is on the right track by its ongoing sensitization project of the population at chiefdom level on the activities of the TRC, the Justice system, Anti-Corruption Commission and the Special Court. This will enable communities to participate more effectively in the activities of these vital institutions.

7. PROSPECTS
Civil Society now plays a critical role in matters dealing with security, state stability and socio-economic welfare of Sierra Leone and its people. CSM-SL will continue to play significant roles in this direction.
The present government, in particular the presidency has made it clear that its doors are always open to enter into dialogue with civil society.

Civil Society has a pool of human resources, committed and dedicated to render invaluable services to the movement and the nation.

8. CONCLUSION
In concluding, I wish to make it clear that the success of Civil Society Movement in Sierra Leone depends on the collective efforts of all. When civil society speaks, it should speak with one voice, when civil society acts, it should act with one accord. And if civil society should speak with one voice and act with one accord for its voice to be heard and its action to make impact, then civil society must function as a unified force

I thank you for your attention.

MARK MAHMOUD KALOKOH
CIVIL SOCIETY MOVEMENT-SIERRA LEONE - (CSM-SL)

THE ROLE OF CIVIL SOCIETY AND IMMIGRANT COMMUNITIES
A PRESENTATION BY THE SIERRA LEONE TEACHERS UNION (SLTU) TO THE TRUTH AND RECONCILIATION COMMISSION (TRC) OF SIERRA LEONE

INTRODUCTION
This presentation highlights the SLTU perspective of the role of Civil Society and immigrant communities in the drive towards Quality Education For All, the challenges and prospects.

First of all, I would like to briefly consider what is meant by `Civil Society' in regard to our work in the education sector. The term `Civil Society' should be understood as inclusive of all groups and associations that are non-governmental and non-profit in nature. For UNESCO, Civil Society embraces NGOs and Campaign networks, teachers Unions and religious organizations, community associations and research networks, parents associations and professional bodies, students organisations and women's groups.

I am aware that the definition of Civil Society is subject to much debate. Should it include political parties? Should it include the private or corporate sector?

There is a need for greater Clarity regarding who constitutes Civil Society and why? Different concepts and contextual experiences influence our understanding, and these call for further thought and analysis on our part.

However, in the context of governance in general and in social development in particular, we underline the importance for Civil Society to be as inclusive as possible.

Immigrant Communities in Sierra Leone include such influential groups as the Lebanese and Indian communities of non-Sierra Leone nationals.

In Sierra Leone, an attempt at mobilizing Civil Society groups under one umbrella which was necessitated by the civil war Crystallized into the formation of the Civil Society Movement of Sierra Leone (CSM-SL) in 1998 with the SLTU as one of its founder members. CSM seeks to grapple with the task of fully participating in the fledgling democracy, the peace process and nation building in a sustainable manner.

NATURE OF WORK OF SLTU
The Sierra Leone Teachers Union is an independent professional Trade Union organization that strives to promote the professional, social and economic interests of its members and sensitise them to work for the development of education, the Sierra Leone Society and the world at large.

The organization provides the means for the cooperation of teachers and the expression of their collective voice on matters affecting the interest of education generally and the teaching profession, in particular.

Our focus area constitutes the whole arena of education with our target group transcending the teacher, to cover also the pupil, the parent and all it takes to ensure effective teaching and learning.

We do not only advocate for improved conditions of service for our members but also improved conditions of learning for the pupils. We see teaching and learning to be intricately intertwined and therefore inseparable.

The Civil conflict in our country seriously devastated the union both materially and in human terms.

Schools and other educational infrastructure were destroyed. Our offices were vandalized, some of our officers and a good number of our members were killed.

In fact, in most cases our identity as teachers was unfortunately a licence for us to be killed, presumably because of our avowed stance against undemocratic and unconstitutional rule. This put us in the firing line of those who cherish rule by the gun rather than by the ballot!

Our clarion call as an organization has always been that EDUCATION IS THE KEY TO DEVELOPMENT and must be given the seriousness it deserves. The union embarked on series of campaigns even before the war about this fact.

We all know that one major contributory factor to our conflict is the high level of illiteracy or the lack of education. Education in its proper sense should be seen as an instrument of peace and progress.

The programme priorities of SLTU include:

Capacity building of our membership
Advocacy/lobbying
Development initiatives
Human Rights
International networking
Research and documentation

Our work continues to be that of service-providers of education in pre-primary, primary, secondary and tertiary levels. We have a membership that spans the length and breadth of Sierra Leone which strategically puts us in good stead as information disseminators. This enhances one important role of Civil Society.

Our profession is regarded as noble and our members are so often considered to be `role models' and `change agents'. These are indeed lofty expectations of the teacher in society.

A recent UNESCO publication on conflict refers to teachers as `the quiet peacemakers' because of their immense influence on the young minds of their pupils within the walls of the classroom and even beyond.

EXISTING SHORTCOMINGS
The existing shortcomings in the system such as inadequate financing of education and the seeming lack of commitment by government and other partners in education undermine the very goals of education as an instrument of peace and development.

A sample of key constraints facing the education sector also include:

Inadequate teaching and learning materials.

Not enough trained and qualified teachers in the system.

Inadequate salaries, manipulation of the vouchers by some education authorities, late payment or non-payment, unauthorized deductions are all disincentives to teaching.

Pupil/teacher ratio is too high in the classrooms.

Parents are not carrying their load of the responsibility for education of their children. Discipline is a problem and the teachers are not getting the support of the parents and family members.

Lack of proper accountability and transparency for resources given to the mission authorities on behalf of the schools.

Inadequate sensitization and information sharing within the system and adversarial approach to implementation among education stakeholders.

The SLTU believes that Education For All (EFA) will only be achieved if it is rooted in a broad-based societal movement and nourished by viable government/civil society partnerships. Our reasons are based on both principle and realism. The full achievement of the EFA goals requires that the marginalized and excluded are provided with educational opportunities.

Civil Society Organisations are more capable of reaching the unreached and especially in the area of non-formal education, they have devised methods and approaches which are more attuned to the needs and life-conditions of the poor.

Moreover, we must acknowledge that in the majority of developing countries, like Sierra Leone, the public authorities have been unable to satisfy the demand for free and compulsory primary education of good quality for all children. The thousands of school-age children who are out of-school, high rates of repetition and dropout, and the large numbers of adults who are illiterate are evidence of the fact that the size and complexity of the education challenge are too great for governments alone to address, even with the best of intentions and efforts.

Consequently, there is a need to both reinforce the state's responsibilities and complement its role in 'order to ensure quality basic education for all, especially for those who have been ill-served by or left out of mainstream education. Therefore we need partnership drawing on the particular strengths of each partner.
In the tradition of modern democratic nation-states, elected governments are recognized as the legitimate authority to take decisions on national education policy choices, including such key areas as curriculum development, teacher education and system reform.

Many states, including Sierra Leone, have shown great capacity in establishing national public education systems and ensuring, at least in principle, free education for all children and offering training opportunities for youths and adults.

If these youths and adults are not well catered for, they constitute a threat to the peace of society.

Governments manage the national education budget and, in the case of Sierra Leone as a developing country, mobilise and negotiate foreign aid. The public authorities, moreover, provide the framework of legislation, regulation, inspection and monitoring.

It is very certain that Civil Society organisations cannot replace the state in the areas of its core educational responsibilities and authority.

What, then, are the types of roles that Civil Society Organisations including immigrant communities play in regard to education which has a multiplier effect on other development sectors.

In considering this question, it is increasingly apparent that the role of Civil Society Organisation cannot be reduced to that of merely complementing the efforts of the state; moreover, such a narrow conception ill-serves the needs of the Education For All movement.

I now outline some major roles performed by Civil Society Organisations in regard to the Education For All drive. In the first place, as suggested earlier, CSOs often act as alternative service providers where state-provided services are either absent or insufficient. We have witnessed CSOs organising programmes for literacy, skills training and other forms of learning, thereby helping people to improve their livelihoods and living conditions.

In Sierra Leone, CSOs such as SLADEA have shouldered major responsibilities for non-formal education programmes entrusted to them by government and funding agencies. CSOs have the advantage of being more flexible than the state, closer to the grassroots and local cultures and, in many cases, more innovative in approach.

CSOs have emerged as leaders and major actors in the provision of non-formal and alternative education, with experience in linking education to other development sectors and building partnerships at different levels.

CSOs may also perform a second role, within and beyond national boundaries as innovators, as sources of new thinking and new practices, especially concerning the impact of globalisation on education. The EFA vision cannot remain fixed and immutable but must respond to changes and generate new initiatives. As well as the resource gap affecting the achievement of EFA, there is also an `ideas gap' which Civil Society Organisation can help to fill in collaboration with other education partners.

On the basis of the first two roles, CSOs often perform a third role as informed critics and advocates. The last decade witnessed the emergence of new forms of Civil Society expression and policy dialogue on a whole range of development issues. This is where we want to see the Civil Society Movement of Sierra Leone (CSM-SL) being more proactive than ever before; not to wait for a crisis before we respond to it.

According to Martin Luther King (Jr.), "we begin to die the very moment we decide to stay silent on the things that matter".

As informed critics and advocates we must not be seen only as pro-government masqueraders. Of course, if the government does right we must commend them although not as professional sycophants would do. Civil Society must challenge national issues of the day such as the filth in the city, the near total absence of basic amenities such as electricity and clean water, mass hunger and deprivation among our people, the many problems affecting education including the perennial inadequacy of facilities in the schools and colleges and the deplorable conditions under which our teachers continue to work for this nation. There can be no peace without justice!

THE WAY FORWARD
To move Sierra Leone from last place in the human development index a focus on education is required to ensure resources intended for investment and expenditure in that sector are used efficiently for the target beneficiaries.

Questions must be raised about how to organize a meaningful dialogue with a constituency as large and diverse as Civil Society. Who has the legitimacy to represent the interest and opinion of Civil Society Organisations in dialogue with the government? Who can speak for whom? How does Civil Society's role fit within or alongside established mechanisms of electoral politics and democratic representation? And what is the real capacity at the level of Civil Society to negotiate policy choices in substantive areas of EFA? These and other questions need to be seriously addressed within a perspective committed to increasing Civil Society participation in policy dialogue.

SLTU is convinced that a new culture of policy dialogue for EFA is needed if we are to connect the international political will for Civil Society participation with national and local realities.

In general terms, the new policy culture should be participatory, democratic, open, transparent and accountable. It should transcend hierarchical and institutional barriers and should focus on issues of direct relevance to people's lives.

All education stakeholders should be included in the development of any policy with regard to quality education. Information and communication about these policies and consultation about issues is important from the implementing Ministry. Most importantly CTAs who could play a pivotal role in monitoring and supervision are nor empowered enough through training, information and sensitization to take part.

As far as ownership and proprietorship of schools are concerned, the schools are owned by the missions and the communities feel completely disempowered in that particular relationship. Often they are used to building a school from local materials and the proprietors do not improve on these buildings. The communities want schools in their communities but are sidelined in the pursuance of educational objectives.

Communities need to take an ownership role in the achievement of quality education for all. They need more awareness and education about their own role in the process, the policies, the issues and a place at the table for discussion and implementation.

Basic Education must not only be made free but compulsory and supervised. Education opportunities must be made openly and evenly accessible to all without discrimination. Special incentives for trained and qualified teachers to work in the provinces are essential so that discrimination in quality education is avoided.

When government attempts to remove the payment of tuition fees in primary schools, we do not wish to see in its place the must higher payment of `school charges'. Parents, teachers, community leaders and other education stakeholders believe that poverty is an inhibitor of quality education. Because of extra and illegitimate charges children are being deprived of education.

Government must ensure the prompt payment of fees subsidies needed by school administrators to make the schools operational.
We want to see the incorporation of PEACE EDUCATION into our curricula at school and college levels.

There should be much greater government financing of education by not only increasing budget allocations but by the judicious management of funds.

Education personnel especially teachers must be well catered for with improved conditions of service befitting the so-called nobility of their profession. Refresher training of Heads of Schools and other teachers through study leave and others, is crucial to keep people motivated. The new-teacher recruitment process needs to be shortened.

The private sector including immigrant communities need to be' encouraged to, make inputs in the financing of education perhaps through legislation.

We believe in the desirability of creating, through dialogue and partnership, an enduring national consensus on the goals, strategies and modalities for achieving Quality Education For All.

The `ideas gap' must be addressed through debate, and dialogue so that the national development agenda moves forward but with a shared vision.

We are optimistic because the seeds for the growth of a new culture of policy dialogue do exist in Sierra Leone. There is no single blueprint suitable for all circumstances but there are ideas, experiences and innovations to learn from. Let us listen and learn together.

Government must nurture the culture of dialogue among partners in policy formulation and implementation. Let us all intensify the clarion call of UNITY, FREEDOM and JUSTICE for sustainable peace and development in our country.

CONCLUSION
In concluding this paper, I refer to the TEACHERS' MESSAGE which is a post-war lamentation, thus:

"Remember, we suffered because many ignored our message and many more had no opportunity to listen to us. Let's all support free quality education.

Our contributions in promoting EDUCATION, PEACE and DEMOCRACY make us proud to declare this millennium an era of QUALITY EDUCATION, PEACE AND DEMOCRACY.

We remain committed to our motto:
"SERVICE TO THE NATION", so help us God".
LONG LIVE TEACHERS SOLIDARITY!
LONG LIVE SIERRA LEONE!

INDIAN MERCANTILE ASSOCIATION PO BOX 340
FREETOWN, SIERRA LEONE TEL., 224676, 228208

May 7, 2003

Mr. Franklyn Bai Kargbo Executive Secretary
The Truth and Reconciliation Commission
Brookfields Hotel
Freetown

Dear Sir,

RE: INVITATION TO THEMATIC, EVENT-SPECIFIC AND INSTITUTIONAL HEARINGS

We refer to your letter ref no. TRC/FBK/20 Dated April 23,2003 regarding above matter.

We are enclosing a copy of our presentation to the Commission.

We regret the delay in submission.

Thanking you,
Yours truly,

(Anil Chopra)
Ag. Secretary

THE ROLE OF THE CIVIL SOCIETY AND IMMIGRANT COMMUNITTIES
A PRESENTATION SUBMITTED TO THE TRUTH AND RECONCILIATION COMMISSION
BY INDIAN MERCANTILE ASSOCIATION

INDIAN BUSINESS COMMUNITY IN SIERRA LEONE

A BRIEF BACKGROUND
From the information available, the first Indian traders came to Sierra Leone in 1882. The numerical growth of Indian business community over the years has been largely from the emergence of businessmen who had previously been employees of the business houses but later on set up their own businesses using their knowledge and experience of the economy and society of Sierra Leone. Normally the Indian community has been concentrated in Freetown and only a few ventured in the major town of up country starting branch offices of their business. The business persons, their staff and families account for 90% of the Indian community in Sierra Leone whilst the remaining 10% consist of professionals and experts of International organizations.

Prior to political conflict in Sierra Leone, the strength of Indian community was around 800, but this number has dwindled down to 450 at present. The principal activity of the Indian community in Sierra Leone has always been importation of general merchandise with subsequent wholesaling and retailing. Some business houses have ventured into the manufacturing sector and this business trend is on the increase, thus contributing to industrialization of the economy and creation of jobs locally.

INDIAN MERCANTILE ASSOCIATION (IMA)
Indian Mercantile Association is the representative body of the Indian business community in Sierra Leone. The Association was formed in 1966 with the following objectives:

a. To assist the Indian mercantile community in Sierra Leone in trade, industry and other business matters.
b. To promote better understanding between members and all departments of the Government of the Republic of Sierra Leone.
c. To promote social relationships between members and Sierra Leoneans and other communities resident in Sierra Leone.

The Association has also been actively engaged in various charitable activities by contributing financially to needy institutions in Sierra Leone. It regularly awards scholarships to deserving students to promote educational development in the community. Infact the main focus of the Association over the years has been to fulfill the social responsibility of the business community to the host community.

NATURE AND WORK OF INDIAN MERCANTILE ASSOCIATION
As mentioned above, the main objective of the Association is to act as a liaison body between the Government of Sierra Leone and Indian business community. It informs the members of various business regulations and new legal enactments made by the Government. It also organizes meetings and seminars with officials of various Government departments to inform the members of implications of the business laws to facilitate better implementation. It also represents the views of the business community to Government functionaries

EXPERIENCES DURING THE CONFLICT
During the political conflict in Sierra Leone, most of the members of Indian business community suffered major financial losses. The shops and manufacturing premises of many members were looted and burnt down. Four members of the community lost their lives. Some community members were forced to close down their businesses for good due to financial losses and relocated elsewhere whilst others had to scale down their operations by closing their branch offices in Freetown and up country.

During the conflict, the Association had to arrange evacuation of members and their families three times to neighbouring countries, at a big financial cost, thus causing major monetary hardship in difficult times. The education of school going children was completely disrupted.

Due to absence of the majority of its members, the working of the Association went into a limbo and it could not engage into any activities to fulfill its objectives.

With the return of normalcy in Sierra Leone, the economic environment has greatly improved and business activities are again gaining ground in Freetown as well as up country. The membership of the Association has though reduced significantly; it has again started charitable and social activities with generous contributions from the members.

TARGET GROUP
The Association mainly works with the Indian business community as is enshrined in its objectives. With the return of political normalcy in Sierra Leone, the improved business environment has given sufficient confidence to members to once again commence commercial activities up country, which definitely is a very positive development. Also many more new trading and manufacturing ventures are being set up, thus bringing in much needed investment in the economy.

ISSUES
The return of democratic set up and absence of any political conflict has been a very positive development after a decade of conflict and has boosted the confidence of the business community. The recent announcement by the Government that a new investment code will shortly be enacted will definitely lead to increased foreign and domestic investment in the business sector.

RELATIONSHIPS
The Indian business community has always maintained a very cordial and harmonious relationship with the host community and other communities resident in Sierra Leone. The Association has always encouraged its members to be law abiding and contribute positively to the development of the host community thus fulfilling its social obligations.

CONSIDERATIONS
The conflict in Sierra Leone had a very devastating effect on economic, political and social life of all communities resident in Sierra Leone. But with the return of democratic set up and end of conflict, and the efforts being made by Government of Sierra Leone and other International agencies toward economic rehabilitation, positive developments in social and cultural context will definitely follow.

CONSEQUENCES
The main consequences of the conflict have been disruption of economic activities in all sectors like agriculture, mining, manufacturing and trading with concomitant social problems.
The improvement in political and business environment will definitely provide much needed remedies for social problems.

LESSONS LEARNT
The main lesson learnt from the decade long conflict is that war and confrontation do not provide solutions but only increase the existing problems. It is always easy to destroy, but very difficult to rebuild it again. In the words of Mahatma Gandhi, a great Indian leader:

'An eye for an eye will leave the whole world blind.'

In the present era of economic globalization, economic activities are key word for holistic development of any society. Hence Government and people of Sierra Leone should concentrate on economic rehabilitation to become part of a prosperous global community.

FROM: THE OFFICE OF THE PRESIDENT OF THE
LEBANESE COMMUNITY.

7 Lightfoot Boston Street, P. O. Box 114 Freetown Telephone: 227063/227058 Mobile: 076-614-279 - 076-654 -326

The Executive Secretary
Truth and Reconciliation Commission
Brookfields
Freetown

15th May, 2003

Dear Sir,

I am enclosing as per the request of the Chairman and Commissioners of The Truth and Reconciliation Commission, documents prepared by Mr. Martin E. Michael with regards to the Laws of Sierra Leone on Citizenship, and its application on members of The Lebanese Community who were born in Sierra Leone.

I do hope that this is what the Commission required.

Yours faithfully

Samir K. Hassanyeh
President of the Lebanese Community in Sierra Leone.

Martin E Michael LL.B (HONS) B.L
BARRISTER - AT - LAW & SOLICITOR OF THE HIGH COURT OF SIERRA LEONE
40 RAWDON STREET, FREETOWN. SIERRA LEONE
TEL: -f-+ 232-22-227612 FAX: -F-F 232-22-227130
E-MAIL: This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it.

DISCRIMINATION
I have been asked by the President of the Lebanese Social and Cultural Association Mr.Samir Hassanyeh to briefly write a short article on the citizenship laws of Sierra Leone and how they affect persons of Lebanese origin born in Sierra Leone with particular reference to the purchase of land. I must at this stage claim full responsibility for the views expressed in this article. As the reader will see I have not assumed any political stance nor do I have any intention of doing so. All I have done is to highlight certain irregularities, which need urgent review.

BACKGROUND
Historically, the Lebanese came to and have lived in Sierra Leone since the 1890s. There is a big disagreement between the Michael family and the Bamin family as to who was the first to arrive here. However this writer being a Michael claims victory in this debate. Many of these migrants married Sierra Leoneans and many have served this country with distinction. The Lebanese community has on a yearly basis offered scholarships to deserving students and has made vast contributions to the refugees and displaced. Many of the third and fourth generation Lebanese living in Sierra Leone have made here their homes. However the laws relating to citizenship continues to discriminate against them. The 1991 Constitution, the supreme law in Sierra Leone, purports to guarantee and safeguard the rights of all persons regardless of race, colour or place or origin. However, the same Constitution provides that this protection from discrimination does not apply in respect of the citizenship laws. Furthermore the laws of Sierra Leone also discriminate against the Creoles particularly in relation to acquisition of land in the provinces.

The law relating to citizenship is found in The Sierra Leone Citizenship Act 1973 as amended by the Sierra Leone Citizenship (Amendment) Act 1976.The 1973 Act recognises citizenship by birth and citizenship by naturalisation. The 1976 Act amended amongst other things that portion in the 1973 Act that dealt with citizenship by naturalisation.

CITIZENSHIP BY BIRTH
I am often asked by members of the Community who were born in Sierra Leone why they are not entitled to be called Citizens by birth particularly as many of them were born to parents who are naturalised citizens of Sierra Leone. As unjust as any answer might seem to this question the answer is found in Sections 2, 3, 4, 5 & 6 of the 1973 Act.

Basically a person is a citizen by birth if either of his parents are of Negro African descent. If both your parents are of Lebanese descent though you and forefathers were born in Sierra Leone, you will not be regarded as a citizen by birth. Furthermore, if your parents are naturalized Citizens you are still not entitled to be called a citizen by birth. This scenario is even more unbelievable when you take the example of this writer.

My family is regarded as being the very first Lebanese to arrive in Sierra Leone in the 1890s. My great grandfather, grandfather and father were all born in Sierra Leone. I was born in Sierra Leone. My forefathers were all naturalized citizens of Sierra Leone. I am a 4th generation Michael. Our family has been in Sierra Leone for well over 110 years. Yet by virtue of the 1973 Act I am not regarded as a citizen of Sierra Leone. I must instead naturalize under the 1976 Act if I want to become a citizen of Sierra Leone.

I personally find the portion of the 1973 Act that deals with citizenship by birth to be discriminatory repulsive and archaic and should be amended immediately to cure the undoubted injustice it causes to people like myself and many others in Sierra Leone today. The Constitution as I have earlier said protects the rights of all persons regardless of race colour or origin yet that same Constitution provides that such protection from discrimination does not apply to Citizenship Laws. As a first step I would recommend that all those born of naturalized parents should be immediately recognized as citizens by birth.

Secondly I recommend that children born to parents who have lived in Sierra Leone for ten years or more and regardless of their nationality must be regarded as citizens by birth. Citizenship by birth would not extend to those who were born in Sierra Leone to parents who were not citizens by birth, naturalized citizens or had not lived in Sierra Leone for ten years or more.

England for example does not recognize children born in England of foreigners as citizens by birth. But by the same token all children born of parents who had acquired British Citizenship are regarded as citizens by birth. These children do not need to naturalise subsequently as is the procedure in Sierra Leone.

CITIZENSHIP BY NATURALISATION
The 1973 Act restricted naturalization to those of Negro African descent or those women who were married to Sierra Leoneans. However this area of the law was amended by the 1976 Act and it allowed any person, neither of whose parents is a person of Negro African descent, who is resident in Sierra Leone and has been continuously so resident for a period of not less than fifteen years be apply for naturalization. The procedure here is to apply to the President for naturalization. After filling out the necessary forms the applicant has to undergo a series of interviews at the Immigration Headquarters the Criminal Investigation Department and the Income Tax. Thereafter the Minister of Foreign Affairs chairs a final interview. The panel is made up of inter alia the Attorney General the Minister of Trade and The Head of Immigration. This committee forwards its recommendation to Cabinet for approval. The President has the final say on the application. The successful applicant swears the oath of allegiance and is issued with a naturalization certificate. It is interesting to point out that the last time any one was naturalised was sometime in 1995.

OWNERSHIP OF PROPERTY
A naturalised citizen is entitled to own land in Freetown but just like the Creoles he is not entitled to own land in the provinces. In some respects when it comes to ownership of land in the provinces there is absolutely no difference between the Creoles the naturalised citizen and the foreigner. Furthermore a person born in Sierra Leone but who is not a citizen of Sierra Leone is not entitled to own freehold property any where in Sierra Leone. Though he may have lived in Sierra Leone for over fifty years he is not entitled to own freehold property in Freetown yet this same person who is not allowed to invest his income in property in Sierra Leone is condemned when he buys a house in London or Beirut.

RESTRICTIONS
However there are restrictions on the naturalized citizen. He cannot hold parliamentary or Ministerial positions or stand for elected office. His citizenship may be withdrawn and he may be expelled. In fact following the return of President Kabbah's Government in 1998 22 Lebanese were deported from Sierra Leone and quite a number of the deportees were naturalized citizens of Sierra Leone. Generally he is not entitled to all the rights enjoyed by a citizen by birth. If one juxtaposes this with the position in England there is a clear difference. In England once you acquire citizenship you acquire all the rights a citizen by birth has including the right to stand for political office.

CONCLUSION
From the foregoing, it is obvious that the Citizenship laws of Sierra Leone and the laws relating to ownership of property do require some reform. Times have changed. We live in a society which prides itself on 'One Country One People.' Our laws must clearly reflect this. The rights of the individual is now of paramount importance. Discrimination in any form whatsoever can and should no longer be tolerated. The Lebanese Community is now very much a part of the Sierra Leonean Community. There are members of the Lebanese Community whose ties with Sierra Leone are much closer than with Lebanon. This is a hard fact, which must be accepted by all. The laws must reflect such changes and must accommodate those who have genuinely made this their home. Discrimination must not be allowed to overcome common sense. Apart from the Lebanese there are other nationalities in Sierra Leone who find themselves in this same position and any call for change is in their interest as well.

Finally it is an undisputed fact that no one can forget his background or his heritage. The Italians and Irish who live in the States and are American citizens continue to celebrate and embrace Italian and Irish culture, the Africans who have acquired British citizenship continue to embrace African culture and continue to practice their culture in England. The Lebanese are no different. There is no shame in embracing your culture and your heritage even though you may have acquired a new nationality. However having acquired that new citizenship it is imperative morally or otherwise that the individual embraces his new culture and does everything in his capacity to help his fellow citizens and to work for the national development of his new country.

THE ROLE AND EXPERIENCES OF THE NIGERIAN COMMUNITY IN THE SIERRA LEONE CONFLICT AND RESTORATION PRESENTATION BY THE NIGERIA NATIONAL UNION IN SIERRA LEONE TO THE TRUTH AND RECONCILIATION COMMISSION (TRC)

MAY 9TH 2003

PRESENTATION BY THE NIGERIA NATIONAL UNION S/L.ON THE TOPICS

1. THE ROLES PLAYED BY ANY GOVERNMENT (S), GROUPS, INDIVIDUALS OR INSTITUTIONS BEFORE LEADING TO OR IN THE COURSE OF THE WAR.

2. THE ROLE AND EXPERIENCE OF NON SIERRA LEONEAN COMMUNITIES IN THE CONFLICT AND ITS RESTORATION:

Honourable Commissioners, distinguished Ladies and gentlemen. On behalf of the Nigeria National union, Sierra Leone, I submit the following presentations.

The cordial and mutual relationship between the Republic of Sierra Leone and Federal Republic of Nigeria could be dated back to a very long period in history. At least 200 years ago. It is evidently clear that as today, nothing will ever succeed in splitting them apart. The two sister nations remain strongly United in spite of all difficulties and temptations. It is this cordial relationship that led to Nigeria's involvement in ECOWAS sponsored intervention military force (ECOMOG) to restore and upkeep democracy in Sierra Leone.
The Nigerian government has a history of assisting other African countries in their political developments. South Africa, Former Zaire (Now DRC), and Liberia are examples.

When the Nigerian government decided to intervene in the political crisis of Sierra Leone at the request of the Sierra Leonean government, opponents of the government of Sierra Leone diverted their frustration on peaceful and innocent Nigerians living in Sierra Leone; despite the fact that Nigerian civilians living here have no say whatsoever in decisions taken by the Nigerian Government in Abuja.

On a critical analysis, majority of the Nigerian Community resident in this country are legitimate and genuine business people and professionals. They go about their business legally. Their businesses are all registered and licensed. They have all genuine residence permit documents. They pay their taxes accordingly and all goods brought into the country pass through the required channels, thereby paying their proper custom and excise duties as and when due. We can see how Nigerians contribute their own quota to the economic development and the welfare of the country.

Before the advent of war, Nigerians were seen in every nook and cranny of this country doing their legitimate businesses. Their participation in the business activities of this country has helped a lot in boosting the economy. We have been creating and continue to create a wide range of employment opportunities for the citizens of this country.

Today, we continue to contribute in so many areas of human endeavor, making life more comfortable and easily affordable to an average Sierra Leoneans. From all intent and purposes, our presence here is for a good and noble intention to the people of this great country. Our intents are among other things, to reduce the hardship and business difficulties of an average Sierra Leonean.

Let us examine just few areas that the impact of Nigerian contribution are greatly and seriously being felt.

NIGERIAN PROFESSIONALS

ACADEMICS

Not all Nigerians in this country are businessmen, as most people tend to believe. There are many Nigerians in the teaching profession right from the primary school to tertiary institution. There are Nigerian doctors here; Judges, lawyers, and many more. They are all imparting valuable and lasting knowledge into their Sierra Leonean brothers and sisters.

BANKING

Two distinct and fast improving Banks are presently located in Freetown. They compete favourably with other banks (including government owned banks) in the country. They have added immensely to the employment creation efforts. These banks give loans to Sierra Leoneans without any prejudice.

OIL INDUSTRY

Petroleum Scarcity is very rare in this country. All other types petroleum products are in regular supply. Nigerians as it concerns this particular resource always make this constant availability and ease in our quality of life possible here.

AVIATION INDUSTRY

The cost of flight from Lungi to Aberdeen by Helicopter was reduced because a Nigerians tycoon got involved in the industry. Now that he is no longer in the business, the Aberdeen-Lungi has gone up again.
The other Airline that links Freetown with the entire West Coast is operated and owned by Nigerians. Even in times of war, they still remained on the route and did not abandon the country - A sign of special regard, the airline - Bellview has its head office in Sierra Leone even though it is owned and operated by Nigerians

COMMERCIAL ACTIVITIES

Now to the business of buying and selling: Nigerians are well known world wide as business people. It is clearly observable that in every sector of our business life, that progress is reported, a Nigerians is involved as a 'closer look. In all areas of genuine business activities ranging from motor spare parts, Electronics, Electrical Communication, Stationeries to General goods and clothing's, Nigerians are involved in all. Our participation in these fields has brought similes to the faces of many Sierra Leoneans. Let's consider some few years ago, when spare parts, Electronics like Video, VCD, Television and radio/cassette tapes were very expensive. Most homes could not afford them. What about generators? These were all luxury for greater percentage of our people here. But today, with Nigerian involvement, their prices are reduced to highly affordable rates. Almost all families here can now boast of these goods. They now become essential Commodities, which every home must have just because of their highly reduced prices even at the same reasonable quality. Nigerians introduced majority of Sierra Leonean young men and women who are in business today into the trade. And almost all of them are successful. They are living witnesses. The services of Nigerian Importers are now being extended directly into Sierra Leone like most other countries in Africa, hence the drastic decrease in prices and great afford ability to every average citizen. The good changes in the average business and economic activities here today are made possible by Nigerian participation. Otherwise if still left under the hands of some specially selected few, prices will be highly outrageous and the consuming masses will suffer the subsequent inflationary costs.

In spite of these contributions and even more, some Sierra Leoneans don't find anything good in any Nigerian. Our experiences ever remained that of the proverbial fowl used for sacrifices in all occasions. The parties to the conflict on every occasion see us as enemies. We always bear the brunt of all clashes in the country. We were forced to begin to review our decisions and rethink our stand with worries on our mind. What we have actually committed as offences or wrongs to follow Sierra Leoneans. The involvement of our home Government in the political conflicts here were at their own level, not ours. There were no consultations whatsoever, on us by our Government before their actions. We were not there and we have no say when Nigeria's foreign policy decisions are taken. Nothing concerns us all about Nigeria's role in Sierra Leone. We are not soldiers, we had never fought before. We have been living peacefully here without problem. Some of us have spent more years of their life here than in Nigeria. Yet we are seen as harmful enemies. After all, it was not only Nigeria that was involved in the problems here, some other countries are, but also we are singled out as targets. Even on the Streets, in the buses/taxis in Sports arena, markets, Schools, residential areas, what we hear of Nigeria is incredible and unimaginable. People don't ever say any good thing about Nigeria. I don't know if those good Sierra Leoneans who value our activities and appreciate good things are afraid of speaking out. The voices of our detractors always overshadow that of our admirers (if any). All our genuine goodwill is turned into bad and evil.
We were visited with lots of heartless punishments. Let's review them on the scale, times and cases of their occurrences:

MAY 1997:

This was the period our fate became hopeless, hapless and helpless simply because Nigeria soldiers were among the leading opposition to the Military coup of May 25 1997.

Our shops, business premises and even our residences were vandalized and destroyed. Our women were raped, our Sierra Leonean wives were humiliated on the streets, and many of our people were killed. Some were maimed and rendered destitute. Some lost their properties and everything they possessed to the hoodlums. Some managed to escape into the bush where they lived miserable lives until 1998. Only the Almighty God, on whose mercies we relied, saved us and ensured our inexplicable survival. We lost less than 100 Nigerians within this period. Among many other pathetic and unforgettable experiences, the one at Mammy Yoko Hotel on the morning of June 2nd 1997 stood out.

On that day, nearly all the Nigerian citizens in Freetown sought refuge at the hotel awaiting evacuation to Guinea. The only help the Nigerian government could render was for those who could make it to Guinea.

On this day, AFRC/RUF forces attacked the hotel from the sea and land, launching heavy military artillery at the building with hundreds of Nigerians in there. A Nigerian army detachment (NANTAG) was then lodged at the Mammy Yoko hotel. They put up a fight and the heavy firing went on till evening when the Nigerian Army surrendered after mediation by the RED CROSS, because of the consideration about the possibility of heavy civilian casualties.

Civilians were then allowed to board an American helicopter on standby nearby. As the civilians (mostly Nigerians) left the hotel, they were stripped of virtually all they owned all their lives by AFRC/RUF fighters. Cash, jewelries and other priceless items were forcibly taken from Nigerians fleeing the country. Some were taken to Military headquarters for detention and to be used as human shield in case of a Nigeria-led attack on the military base.

JAN. 6 1999:

When we were passing through the ordeals of 1997, little did we know that the worst was awaiting us. The Freetown invasion of January 1999, it was like the end of Nigerian Community in Sierra Leone had come. The invading forces actually did everything within their powers to wipe off our existence but all as, the Almighty God, our Holy Saviour is ever living. Nobody on earth would have stopped them but God, as we were entirely at their mercies. They went about searching all houses of Nigerians, killing and maiming any one on sight. Houses were burnt to ashes, just because a Nigerian is suspected to be living there. Even Civilian nationals were fishing out Nigerians and handing over to the rebels to (in their own words) " finish him up" Women were heartlessly raped to death. We don't talk about shops, residential houses and our entire properties any longer. Those ones were preys to the bandits. Unlike 1997, when some of our people were captured, tortured and later released to tell the story, 1999 case was quite different. Nobody on rebels' sight was ever spared once you are an identified Nigerian. Some Sierra Leoneans were killed just because they were mistaken for Nigerians. These rebels completely forgot that we are not soldiers and that we are wholly harmless and innocent. We knew nothing about the war.

In fact, it was like hell to us during this period. A period we will never forget in hurry. A period we will continue to remember in shivers. The rebels did the Massacre of Nigerians in jubilation. Each time a Nigerian is being slaughtered, they were full of joy, fun, singing, dancing, jubilation and satisfaction. We have numerous numbers of horrible stories to tell of this period. Most other foreign nationals were not touched, disturbed and some even moved about on the streets. Some Nigerians had their arms chopped off, while some had their bodies half burnt with petrol and fire, are still living today as testimonies. There is a case of a Nigerian young man whose two hands were mercilessly cut off by the rebels and his front view (between the chest to stomach and laps) was burnt. His picture is with us presently but he is now in Nigeria languishing in poverty, hopeless, helpless and miserable condition. His poor parents are now begging for aid to keep him alive.
At the end of the January 1999 brief occupation of Freetown by the rebels. We counted about five hundred Nigerians who died at their hands mainly for the simple fact that they were Nigerians.
If we can trace back a little to the Sierra Leone Nigeria relationship, our intermarriage did not start today. The bulk of Krios are Nigerians. Many Sierra Leonean today have Nigeria origin and Nigerian names. E.g., Kashope, Bodurie, Ajibola, Olayinka and many more.
Also, Some towns and villages here are the names of Nigerians who came and settled here in early times such name like Calaba Town, reflect the Calabar people in Nigeria. You have the Ibo Town at Waterloo. History has it that an Ibo from Nigeria came and settled there hence the name today. Let's see the Fireborn, off eastern police; it was the Yoruba of western part of Nigeria that settled there. Most names we answer here today are a reflection of one Nigeria language. A good example is some krio languages, which contains many Yoruba words.

Today, some prominent Sierra Leoneans are in top positions of Nigeria Civil service. We have a Major General in Nigeria Army who is sierra Leonean. There is very Senior Director of Nigeria Airways who is a Sierra Leonean. Come to the judiciary, you find some Sierra Leonean lawyers, judges and Senior advocates. The medical profession has quite a reasonable number of Sierra Leonean as Doctor. Some are into politics and broadcasting.

A very prominent and senior broadcaster in Nigeria with the Nigeria Television Authority Cyril Stober is a Sierra Leonean.
In Nigeria, you hardly distinguish between a Nigerian and a Sierra Leonean. Many don't obtain resident documents any longer. They are assumed to be Nigerians. Anybody here today who has been to Nigeria will surely testify to this case. The numerical strength of Sierra Leoneans in Nigeria almost double that of Nigerians in Sierra Leone.
Sierra Leoneans who live or have been to Nigeria can testify to these; and the fact that Nigerians did not take and would NEVER take any action that would even suggest revenge for what we went through here.

Nigerians were tortured, brutalized and humiliated. A reasonable number lost their properties. Some were rendered destitute. We were forced to leave the Country without any of our hard earned money or property. We returned home to face the realities of life. Caring for our families were almost impossible. Our ordeals then were numerous. These unimaginable acts were meted out to us simply because we are Nigerians.

CONCLUSION
The various atrocities, commercial losses and number of lives lost cannot be compensated for in monetary terms. For instance, the estimated cost of property and other merchandise lost by Nigerians in Freetown alone between May 25 1997 and January 30 1999 alone is about $5,550,000 (Five million, Five hundred and fifty thousand USD).

As a community, and in the spirit of reconciliation, we are prepared to forgive all those who have aggrieved us and continue to work for the development of Sierra Leone and the friendship between Nigeria and Sierra Leone.

REPARATIONS
We ask for reparation from the United Nations and other necessary organizations. We should be assisted and compensated to put back our lives on track. If assistance could be rendered to internally displaced persons, refugees and all war-affected people of this country, why not us the Nigerians?

We have some of our people today who live on begging as a result of their conditions. Some have nothing to go back to business. We are ready to respond accordingly if when called upon for more details.

We also ask for consideration for the widows and children of Nigerians who were married to Sierra Leoneans before their untimely and painful deaths.

We need assistance to save contain souls as a matter of great necessity and urgent importance. These are people who suffered because just because they are Nigerians living in Sierra Leone.
Kindly save some pitiful souls. May God Almighty bless you all, the government and people of Republic of Sierra Leone land Federal Republic of Nigeria. Thank you for your time.

SUBMITTED ON BEHALF OF THE NIGERIA NATIONAL UNION SIERRA LEONE

BY CHIEF BARRY N. NWOSU PRESIDENT

NOTES FOR PRESENTATION TO THE
SIERRA LEONE TRUTH AND RECONCILIATION COMMISSION

Freetown, June 2003
Lansana Gberie, Partnership Africa Canada

The Heart of the Matter

Sierra Leone has just gone through a decade of brutal conflict in which tens of thousands of people were killed, almost all its limited infrastructure destroyed, and millions of its citizens displaced and brutalized in a systematic campaign of terror almost beyond belief. It is therefore necessary to take an accounting of this conflict, to try and understand why it happened, and, out of this cathartic process,-to make sure it does not happen again. This is why Partnership Africa Canada (PAC), which has played a role in investigating the dynamics of the conflict and drawing international attention to it, fully endorses the Truth and Reconciliation Commission (TRC).

One of the truly paralyzing facts about the just-ended conflict was its absolutely crass nature. This was not a war about political disputes, about ethnicity or religion, about ideological differences. There was nothing marginally nationalistic about the Revolutionary United Front (RUF), which spearheaded the conflict. And there certainly was no evidence of a reformist tendency among its leadership or rank and file. This was a war of pillage and destruction, a war driven by a quest for loot and power. It was a war that became preoccupied with the illegal exploitation and smuggling of Sierra Leone's diamond resources, much of it directed by outsiders, in particular President Charles Taylor of Liberia.

The Heart of the Matter: Sierra Leone, Diamonds anti Human Security, Published by Partnership Africa Canada (PAC) in January 2000, recounted the corrupting of Sierra Leone's diamond industry, from peak exports of two million carats a year in the 1960s. to less than 50,000 carats by 1988. Other PAC reports have estimated that as much as one-fi(1h of the world's rough diamond trade may be `illicit' in nature, characterized by theft tax evasion and money laundering. Local and international aspects of the diamond industry are important issues for postwar Sierra Leone. Given the secretive and unregulated nature of the international diamond trade, it was a very simple matter for the RUF and its Liberian backers to move millions of' dollars worth of diamonds into the legitimate trade, and to use the proceeds to buy weapons. Without adequate local and international regulation of the diamond industry, the potential for future diamond-related conflict will persist.

The PAC report made wide-ranging recommendations, including the establishment of a `Permanent Independent Diamond Standards Commission' under UN auspices 'in order to establish and monitor codes of conduct on governmental and corporate responsibility in the global diamond industry.' It recommended the deployment of `Special long-term UN security forces' in all the major diamond producing areas of the country, and it recommended a UN Security Council ban on trade in diamonds said to be of Liberian origin. Following the Lome Agreement, the UN deployed its largest military force in the world in Sierra Leone, and the Security Council appointed a Panel of Experts which in December 2000 produced a report amplifying the PAC findings. Like the PAC report, it blamed Liberia's President Charles Taylor as the RUF lifeline, with pillage a bigger objective than politics. The UN report estimated the RUF's diamond trade at something between $25 million and $125 million a year.' Targeted sanctions were soon after imposed on Liberia and the RUF; similar sanctions were imposed on Sierra Leone's diamonds until a UN monitored certification system was introduced in September 2000. A ban was maintained on Sierra Leone diamonds not accompanied by a government diamond certificate until June 5, 2003 - in deciding not to renew the ban, the UN cited the Government of Sierra Leone's increased efforts to control its diamond mining areas and industry and its full participation in the Kimberley Process.

The dissolution of the RUF does not mean that threats to Sierra Leone's long-term stability_ have disappeared. Hundreds of ex-RUF and ex-CDF combatants have been hired by both Charles Taylor and his rebel opponents, Liberians United for Reconciliation and Democracy (LURD), to fight in Liberia's intensifying civil war and across the border in Cote d'Ivoire. This is mercenarism, with many ex-combatants in Sierra Leone remaining unemployed and disillusioned by the absence of jobs and reintegration benefits. This bodes ill for Sierra Leone. Since Taylor launched his war in Liberia, in 1989, Sierra Leone's fortunes have been intimately tied to those of Liberia, and Sierra Leone's decade-long war was a derivative of Liberia's. There is no evidence that Charles Taylor has renounced his long-standing economic and political ambitions in the region.

Conditions in the Diamond Areas
The conditions under which tens of thousands of artisanal miners work have always been harsh, and successive governments in Sierra Leone have been largely neglectful. That conditions got immeasurably worse when the RUF captured these areas, comprehensively destroying towns and reducing miners to abject servitude, is beyond dispute. Under the RUF's brutal command, hundreds of millions of dollars worth of diamonds were mined and smuggled out through Liberia.

Past attempts to redress the situation have always been feeble. They have included the restriction of artisanal miners' and agents' licenses to Sierra Leonean nationals, and the banning of non nationals from traveling to actual mining areas. In fact, however, many non-indigenous Sierra Leoneans, particularly Lebanese and Maraka traders f'rom other ECOWAS countries, have acquired Sierra Leonean passports which allow them to travel in mining areas and to participate directly in the extraction of the minerals. As a manger of the country's diamond, the Ministry of Mineral Resources has been a neglected institution. It has few, if any vehicles. Officials, particularly Mines Monitors and Wardens, are poorly paid, and in the absence of strong oversight and security in the mining areas, the incentive for corruption is overwhelming.

The Lebanese Factor
Lebanese entrepreneurs have been the primary buyers and exporters of Sierra Leone's diamonds over the past two decades, since the nationalization and corruption of the formal diamond mining industry in the 1980s. Given the almost complete collapse of official diamond exports through the 1980s and 1990s, it can only be surmised that most of the production was being smuggled out - with tacit official connivance- by the primary traders.

This has led to other complications. The Lebanese in West Africa, even those born here, have remained and continue to remain intensely aware of events in Lebanon. The more successful have property and other investments in the middle east. This is a source of mistrust throughout the region, for many have never fully integrated into the countries in which they live. Some of the wealthiest businessmen in the Middle East are Lebanese who made their money in West Africa. In Lebanon they are referred to as `Africans', and many have made regular contributions to factions in that region's never-ending conflicts.

There is now considerable evidence linking the RUF with the al Qaeda network. The Washington Post stated that al Qaeda `reaped millions of dollars in the past three years from the illicit sale of diamonds mined by [RUF] rebels in Sierra Leone,' and that one of the RUF's senior officials, Ibrahim Bah, who had Senegalese and Burkina Faso origins, acted as `a conduit between senior RUF commanders and the buyers from both al Qaeda and Ifezbollah, a Shiite Muslim organization linked to Lebanese activists who have kidnapped numerous Americans. hijacked airplanes and carried out bomb attacks on US installations in Beirut. The links between Lebanese diamond traders and the RUF, and between West Africa's Lebanese diaspora and global terror networks is the work of a few individuals only. But both cases are supported by generations of shady business practice, and by the strong interest of some Lebanese in the toxic politics of the Middle East.

Foreign Investment
In 2000, The Heart of the Matter described the dubious role of junior mining firms in Sierra Leone. `Juniors' are small prospecting and exploration companies which work on the edge of tile industry, looking for new diamond fields, generating funds on international stock markets, sometimes mining diamonds but more often than not eventually selling out to larger companies if² 'AI Qaeda Cash Tied to Diamond Trade', Washington Post. 2 November 2001. Many more details of the RUF-al Qaeda connection are provided in For a Few Dollars Mom. How al-Qaeda Into the Diamond Trade, Global Witness, London, April 2003

Presentation - Partnership Africa Canada

They are successful. Many are registered on Canadian stock exchanges, and in the case of Sierra Leone, two of them became the subject of widespread interest because of their apparent connections during the 1990s with two major international security firms, Executive Outcomes and Sandline.

Dubious investors are the best that countries with poor governance and unstable conditions can attract. The diamond industry is riddled with such companies. Sierra Leone will only attract and keep good corporate investors if it makes them welcome, and if it has an effective regulatory framework that benefits and protects both Sierra Leoneans and investors.

International Regulation: The Kimberley Process

The `Kimberley Process' was initiated by the Government of South Africa in May 2000, in an effort to grapple with the problem of conflict diamonds. Concerned about how diamond-fueled wars in Angola, Sierra Leone and the Democratic Republic of the Congo might affect the legitimate trade in other producing countries, more than 35 countries have met, along with NGOs and diamond industry leaders, on a regular basis to develop an international certification system for rough diamonds. Sierra Leone was one of the first countries to participate fully. The system came into effect on January 1, 2003, and some 70 countries are now participating, using a certification model that was pioneered in Sierra Leone.

Provisions for regular independent monitoring of national control mechanisms have not, however, been agreed, and remain an item of serious contention for those concerned about the system's credibility and effectiveness.

Conclusions
Diamonds in the region have been implicated in terrible wars, and have compounded the corruption and misrule that have had such corrosive effects. The UN Panels of Experts on Angola, Sierra Leone, Liberia and the Democratic Republic of the Congo have demonstrated authoritatively that in the conflicts that ripped these four African states apart, diamonds were an overriding factor. Reform of the diamond sector is not simply a matter of convenience, to demonstrate compliance with international agreements. It is an important security, developmental and nation-building consideration. The regulation of diamonds is, therefore, a matter of sound economies.

Recommendations
Recommendation 1: Security in the Diamond Areas: President Kabbah has stated that his government will now concentrate on agriculture rather than diamond mining `which has caused so much devastation in this country.' The reality, however, is that Sierra Leone will rely on its extractive sector, especially diamond mining, for its foreign exchange earnings for the time being. And regardless of government policies, the external demand for high quality gem diamonds, like those found in Sierra Leone, will continue. It is therefore important and a matter of urgency to ensure that the diamond industry is made secure.

Individual security operations managed by each mining firm, however, will be costly and inefficient. They could also become anarchic and lead to human rights abuse.

It would be unrealistic - and undesirable - to expect the UN to provide protection for foreign commercial firms. The use of Sierra Leone government forces, which are already overstretched, would also be undesirable. Historically, diamonds have been the primary corruption of law enforcement and military personnel, and this is the last thing post-war Sierra Leone can afford.

The TRC should consider supporting the call for an integrated private security force. It should be well-armed and well-equipped, and should be established to provide security to all mining operations in Sierra Leone. The force should have a clear and transparent mandate, with joint oversight provided by the Sierra Leone government and the UN for at least 10 years. While the primary emphasis would be on the diamond areas, the cost should be pro-rated across all mining operations: Insecurity in the diamond areas affects all mining operations.

Recommendation 2: The UN Security Council: The TRC should urge the UN Security Council to continue its ban on weapons imports to, and diamond exports from Liberia until there is credible evidence that Liberia has stopped sheltering and arming dissidents from neighbouring countries. The UN Security Council should take a wider view of Liberia's role in regional destabilization, focusing on the government's use of timber revenues to fund its military activities and money laundering, as well as continuing weapons imports and the role played by diamonds.

Recommendation 3: The Kimberley Process: The Kimberley Process international certification scheme for rough diamonds came into effect on January I, 2003. Given the huge discrepancies between known production capacities in Ghana, Guinea and Cote d'Ivoire and what is said to be imported from these countries into Belgium and other countries, it is imperative that credible, independent reviews be undertaken of these countries' ability to comply with Kimberley Process minimum standards, as soon as possible. The TRC could provide important assistance by recommending that the Kimberley Process institute a regular system of independent monitoring of all national control mechanisms. Without this, it will have little meaning in countries where a long-corrupted diamond trade simply ignores borders and regulations.

Another, perhaps more important argument in favour of an effective Kimberley Process is usually understated. Many diamond-producing nations in Africa are very weak, and are unable to provide the kind of regulation that would make international oversight and monitoring unnecessary. The industry in Africa is thus extremely vulnerable to criminal predators, foreign as well as local. What the past decade has demonstrated beyond dispute, is that such predation has grave human security implications: it has fed to war and terror and banditry on a vast scale.

Recommendation 4: The Lebanese Community: Corruption among diamond traders in Sierra Leone, especially Lebanese diamond traders, needs to be curbed dramatically. The Lebanese community itself should make a strong effort at self-reform. Many were born in the country and a large number are third or fourth generation Sierra Leoneans. They have much to lose if things do not change. The highly respected President of the Lebanese Community in Sierra Leone has often called on the Lebanese to contribute more towards nation-building in Sierra Leone. He should speak out more often against corruption. A mechanism of `naming and shaming' should be introduced, aimed at isolation and/or prosecution.

Recommendation 5: Foreign Investment: The private sector and donor governments repeatedly emphasize the importance of foreign investment to the long-term development of Africa. The Government of Sierra Leone welcomes foreign investors. Unfortunately, however, the problems of the past and those that remain act as a disincentive for large reputable mining firms. The TRC should recommend that bilateral donor agencies work with the Government of Sierra Leone to devise ways in which dependable and meaningful long-term investment can he attracted to Sierra Leone.

Recommendation 6: Investments in Justice, Economic Development and Peace: The international community and Sierra Leoneans themselves have invested heavily to ensure that peace finally prevails in this troubled country. There is a real opportunity now for this to occur, and the opportunity should not be squandered. But peace is not just the absence of fighting. Peace, like democracy, is a positive attribute. It entails justice, economic improvement, and the opportunity to better oneself in an atmosphere of fairness, openness and freedom. These are only possible, in any measure that really counts, in the context of genuine economic development. (n Sierra Leone this will depend, at least for the short run, on proper management of its extractive sector, in which diamonds will continue to play a prominent role.

In The Heart Of the Matter two and a half years ago, we included a paragraph which is as valid today as it was then: In addition to the diamond-specific recommendations in this report, the development of sustainable peace in Sierra Leone will require major investment by the government of Sierra Leone and by donors in long-term basic human development and the creation of democratic institutions. Diamond-specific initiatives must be integrated into wider programs aimed at building fundamental human security and democracy, involving parliamentarians, journalists, teachers and a broad cross-section of civil society.

Thank you.
Presentation - Partnership Africa Canada June 2003

Sierra Leone Truth and Reconciliation Commission

THE MANAGEMENT OF MINERAL RESOURCES AND ISSUES OF CORRUPTION

THEMATIC PRESENTATION FOR THE TRUTH AND RECONCILIATION COMMISSION

A PRESENTATION BY THE ANTICORRUPTION COMMISSION
MAY, 2003

Mr. Chairman, Commissioners of the Truth and Reconciliation Commission (TRC), distinguished ladies and gentlemen. May I on behalf of the Anti-Corruption Commission (ACC) extend our appreciation to the TRC for inviting us to their thematic presentations. We at the Anti-Corruption Commission share the view that if the causes that led to the decade long war in this country are not shared and addressed; there is a possibility that society may slide back to where it was in the past. These thematic institutional hearings are therefore very important so that we could all learn from our mistakes and work actively towards a concerted solution.

Before I proceed, may I state that this presentation is limited in terms of our work, to the period after the war as the Commission only started operations in the year 2000 when the Act was promulgated. My presentation will also be limited to the issues of corruption, with a minimum interference on the management of mineral resources as the Anti-Corruption Commission Act 2000 does not make provision for economic crimes except where they relate to bribery, tax evasion and other corruption related matters.

NATURE OF THE PROBLEM

Sierra Leone in the recent past has suffered many cruelties from armed conflict, injustice, human rights abuses and deprivation due to bad governance. Perhaps a cardinal factor to the decade long war in this country is corruption, perpetuated by politicians and entrenched by a weak judiciary. Corruption has given rise to a very low standard of living of our people, and the poorest nation in the world-"UNDP Development Index 2002".

Corruption, either grand (the looting of state funds by those in public trust, the illegal trading in diamonds) or petty (the charge demanded by a low ranking official for a service that should be free), remains endemic in Sierra Leone. Society has come to accept, and even expect corruption. As always, the poorest suffer most, and the poorest of the poor most of all. This same view was shared by the former Secretary of State for International Development, the Rt. Hon Clare Short MP, in her speech on Corruption and Governance, at the British Council Auditorium in Freetown on 27t" February 2002.

Poor people are denied access to education, health care and medicine because they cannot afford to make the extra payments demanded by corrupt officials.

They are denied justice when bribery and nepotism twist the legal system. And they suffer when corruption diverts scarce resources away from development or deters essential domestic and international investment. The system for prosecuting those found out to be corrupt, is it self corrupted by inertia, and the failure to punish those responsible.

Too many people entering politics and the public service in Sierra Leone do so in order to line their pockets. Personal gain or loyalty to family, tribe or party is put before national interest. The consequent effect of this is that the society was plunged into a civil conflict that is considered as one of the most brutal in human history. For the first time, Sierra Leoneans, with the help of some aliens, took up arms against their own brothers. Some as a means of seeking redress for their pent up resentments against the system, while others was for their own selfish reasons. Our natural resources which could have been used for the development of our country were transformed into fuel for destruction. Our diamonds and other resources were taken to rogue states in exchange for arms and ammunition. What was supposed to be a blessing became a curse.

By the end of the war and the reinstatement of the government of Dr. Ahmed Tejan Kabba that was ousted by the AFRC in 1997, the Government of Sierra Leone with the help of the British Government saw that it was necessary for the establishment of the Anti-Corruption Commission. The aim was to address the impunity perpetuated by corrupt individuals or groups so as not to allow our society to slide back to where it was, and to foster speedy economic recovery and development.

It is important to note that several attempts have been made in the past to deal with corruption and other economic crimes, through various commissions of enquiry but the problem still persists and is escalating. From voucher gate when the quantum of money involved was in the thousands, to squander gate when it was in the hundreds of thousands, and then to the million gate involving millions of the Leone. Now we are talking about billion gates. We can see that corruption is pervasive and is not restricted to position or individuals.
The failure in the past has been greatly due to the lack of an effective punishment system and the absence of a well structured public service that is corruption resistant. If a corrupt individual is removed from a position of authority but the system that allows him to be corrupt is not removed, then someone else might come to that same position and be corrupted, perhaps more than his predecessor.

Also in the past, those found out to be corrupt were fined a minimal amount and set free. The next thing you will hear of them is that they are driving luxurious cars and building mansions at the expense of state funds. Some went back to their former jobs while others were given new appointments as if to compensate them for the wrongs they have committed. With time, Sierra Leoneans became proud of stealing large sums of money from state funds and go unpunished. Those who had their children in the public service incited them to grab their own share of the loot.

Hence, to address this problem of corruption which has become so endemic in our society, the Anti-Corruption Commission was established by an Act of Parliament on 3rd February 2000 with a specific mandate to provide for the prevention of corrupt practices;

• By taking necessary measures for the prevention of corruption in Government Ministries/Departments and other public bodies including instructing, advising and assisting any person or authority on ways in which corrupt practices can be reduced or eliminated

• By educating the public away from involvement in corrupt practices and by soliciting public support in the fight against corruption

• By investigating instances of alleged or suspected corrupt practices referred to it by any person or authority or which comes to its attention by way of complaint or otherwise.

The Commission hopes to achieve this through our values for quality service delivery, personal and professional conduct, constitutional and legal principles and coalition building.

ORGANISATIONAL STRUCTURE:

The Commission is organised in accordance with the following structure:

1. The Commission: Comprising the office of the Commissioner and the office of the Deputy Commissioner

2. The Directorate: Comprising the Corruption Prevention Department, Community Relations Department, Investigations Department and the Research and Development Department.

3. Support Services: Namely Administration and Accounts.

The Commission uses three-pronged approach in the fight against corruption in Sierra Leone. These approaches are Community Education, Corruption Prevention and Corruption Investigation
Community Education: The Anti-Corruption Act makes provision under section 5 (2) (c) & (d) to: (c) Educate the public against the evils of corruption; and (d) Enlist and foster public support in combating corruption.

In other words we should educate and enlist the support of the public. That is, get them to change their perceptions and attitude in the interest of combating corruption. However, what we expected to be a sprint became a marathon, as the attitude of the people, especially those in government offices continue to be resistant to change.

Since its inception, the Commission has undertaken many sensitisation meetings, community theatre, workshops and seminars towards this drive. Radio and Television discussions as well as soap operas have also been undertaken to sensitize the public about the evils of corruption and the benefits of a corrupt free society. The print media was also not left out in this campaign. In addition, we also publish our quarterly newsletter called "The Eye" to further educate and inform the public about issues of corruption and also to entertain our readers. At the end of every year, an annual report is presented to the President on our activities for the year under review.

Further to this, the Commission has also to some extent succeeded in enlisting the support of the public in combating corruption through the establishment of a coalition with Civil Society groups, Non Governmental Organisations (NGO's) and other governmental institutions.

Corruption Prevention:

The Commission also has a corruption prevention Department whose strategic objective is to promote and enhance best practices and service delivery across all public sector institutions, through the examination of systems and procedures of clients in order to eradicate or minimise corruption opportunities. It also has the mandate to instruct and advise where necessary. This is contained in Section 5 (2) (a) and (b) of the anti-Corruption Act 2000.

A number of government institutions have been targeted based on a public perception survey that was conducted by Dr. Joe Lappia on the most corrupt institutions in the country. In that report, the Ministry of Education, Science and Technology was ranked the most corrupt, followed by the Ministry of Health and Agriculture. Since then, our focus had been these ministries, and we have worked intensively with them in reviewing their service delivery and revenue collection. I am sure if another survey is conducted today, this trend must have changed in terms of the magnitude of corruption. The Prevention Department has also been looking at the activities of NGO's in order to ascertain whether their activities are consistent with their mission statements, if any. Other Departments we have looked at are; the customs and Excise Department, Sierra Leone Ports Authority and the Births and Deaths. Good practice guides on the operations of these agencies are underway. The Department has also provided support to various institutions needing our assistance.

In addition to these functions the Prevention Department also receives complaints from the Report Centre sent to it by the public on corruption related matters for intervention. These cases are examined by officers and a report of findings and recommendations presented for the attention of Senior Management of the Commission. When approved, the final report is sent to the complainant and the accused. Where it becomes apparent that a corrupt practice is perpetuated, the matter is then referred to the Investigation Department for further investigation and prosecution.

Corruption Investigation:

The Anti-Corruption Act makes provision for the investigation of corrupt practices under section 5(1) which states that the object for which the commission is established is to investigate instances of alleged or suspected corruption referred to it by any person or authority or which has come to its attention, whether by complaint or otherwise and to take such steps as may be necessary for the eradication or suppression of corrupt practices.

Many attempts have been made by the Investigation Department to investigate instances of alleged corrupt practices. Some of the reports received however do not fall within the purview of the Commission but bother on fraud, maladministration and other criminal activities. Those that fall within our purview are investigated and sent to the office of the Attorney Genera) and Minister of Justice for Prosecution.

The ACC Act is forward looking and do not seek to criminalize anybody for offences committed before the 3"d of February, 2000 when the Act was promulgated.

Research and Development:

This Department does the information gathering, processing and storage for the Commission. It also provides useful data to other Departments when required about individuals in society and institutions in general. The Department maintains a report Centre that received reports in the form of complainants from the public and with the advice of Senior Management, makes referrals to the various agencies concerned.

For the year ending 2002, about 1,062 reports were received by the Commission through the Report Centre and distributed to the following agencies in and out the Commission.

Investigations - 144
Prevention - 33
Research and Development - 217
Other Agencies (e.g. Police, Public Sector etc) - 668

Reports sent to other Agencies are those which in the opinion of the Commissioner do not constitute a corrupt practice and are sent to the respective institution for their action.

Most of our cases are now in court while others are awaiting prosecution. Many however have been put on hold for lack of evidential material.

INSTITUTIONAL PROBLEMS

In spite of the many strides made by the Commission to stamp out corruption, there are many problems which seem to beset us.

1. The low remuneration of public sector workers which appears to be a motivation for corruption in this country.

2. The lack of a special prosecutor to advise and prosecute our cases in court and where possible a Special Court for Anti-Corruption cases.

3. Slow judicial system that causes delay in our matters in court.

4. The apathy to change and the lack of compliance sanctions on preventive recommendations.

5. The absence of our physical presence in the provinces.
The Commission has been widely criticized for its inability to produce tangible result in the exercise of its duties mainly as a result of the above mentioned problems.

In addition, the Anti-Corruption Act 2000 only makes provision for corrupt practices and not economic crimes. In effect, the Commission has not been able to successfully intervene in the diamond industry, except however in cases where taxes on the sale of such diamonds are evaded. The case against a now Member of Parliament Hon. Momoh Pujeh is still lingering in the courts.

In countries like Botswana, Honkong, Australia etc where similar Commissions have been successful, economic crime is also part of their Commission's activities. This is not the case for us in Sierra Leone. Our scope is narrow.

I would like to conclude with the words of the Commissioner in the Anti-Corruption Commission Newsletter of December, 2002;

"Much continue to be written and spoken about the activities of the ACC with expressions of a wider range of views and opinions on the increase. I see this as an increasing positive trend. The ACC will continue to lend an attentive ear, taking into good part all that is being said and written by our partners in the fight against corruption. This trend will no doubt continue greatly in helping this young organization map out future strategies that will enhance the Commission's work and its relentless drive to live up to the expectations of you the public.

At this time when the year 2002 has just passed us by, ushering us into the New Year, we at the ACC have made it our collective resolve to do all that is humanly possible to carry on with the sacred mission to fight corruption in all its manifestations and help make Sierra Leone a better place in the interest of the common good"

I THANK YOU.

Submitted please.

Shollay Davies (Mr.)
Prevention Officer Anti-Corruption Commission

SUBMISSION BY THE GOVERNMENT GOLD AND DIAMOND OFFICE
2nd Floor, Bank of Sierra Leone Building, Siaka Stevens Street, Po Box 30, Freetown, Sierra Leone
Telephone: 226501 Ext 118 226000. Fax 2299064. This email address is being protected from spambots. You need JavaScript enabled to view it.

BACKGROUND INFORMATION

The Government Gold and Diamond Office came into being in 1985 in pursuance of Government's avowed policy to remedy the acute shortage of foreign exchange in the country.

The functions of the Government Gold and Diamond Office (GGDO) as set out in Sierra Leone Gazette Vol. cxvll No 100 of Tuesday 17th December 1985 are as follows:

1 To buy Gold and Diamond at competitive prices

2 Examine, assort, value, parcel, market, and export Gold and Diamond

3 The export proceeds of the goods shipped by GGDO shall accrue as income to the whole nation

4 Put the marketing of Gold and Diamond on an organized and sound basis, thereby increasing the free flow of foreign currency through the local banking system.

5 Institute more effective measures in the marketing of Gold and Diamond by ensuring that valuation is done with the highest standard of efficiency, professional competence and integrity.

6 To provide a strong credible basis for government to raise external loans using its stock of Gold and Diamond if necessary.

From the inception of GGDO the following functions were carried out:

1. Purchase and sale of Diamonds.
2. Valuation of Diamond and Gold
3. Collection of Income tax on behalf of government.

The GGDO did not succeed in stockpiling diamonds to be used as collateral if necessary for government to raise external loans. The GGDO never bought or sold gold and only started assaying gold in 1993 and stopped when GGDO lost all Gold assaying equipment as a result of the fire that burnt all the assaying equipment in May 1997. The buying and selling of diamonds had to cease because of lack of adequate funds. Nevertheless GGDO conducts tenders on behalf of private individuals in special cases.

MANAGEMENT

The GGDO is managed by a management team headed by the General Manager. Management is responsible to a Board of Directors comprising of eight members.

• Mr. D.B. Quee - Chairman
• Alhaji M.S. Mustapha - Permanent Secretary Ministry of Mineral
Resources (statutory) Member
(mi) Alhaji A.R. Kabba Members
(mii) Mr. S. C. Lansana Member
(miii) Mr. S.P. French Member
(miv) Dr. K.B. Sannoh Member
(mv) Mr. M Sahid Kamara Member
(mvi) Mr. L. Ndola-Myer General Manager Member

GGDO at present has a staff complement of 23 comprising

3 Executive Staff
5 Management Staff
2 Senior Staff
2 Juror
11 Support Staff

OPERATION

GGDO initially derived its revenue from 1.5% of exports and profits from sale of diamonds. In 1990, with the advent of DO as consultants with the responsibility of administering the GGDO, the revenue from exports was reduced to 1 % and in 1993 the buying arm was closed so GGDO could not make any money from the sale of diamonds.

GGDO was able to survive on the 1 % revenue from the export of diamonds because of reserves accumulated from the profits made form the sale of diamonds. Then came the fire of 26th May 1997, which burnt a11 our properties in our offices on the 7th floor, West Wing, Bank of Sierra Leone, Siaka Stevens Street. At the time when we resumed operations in 1998 we had huge arrears of salaries and allowances to pay to employees and Board Member and we also had creditors whom we had to pay. These creditors included the Government and corporate bodies. Our income could not measure up to our expenses so we had to lay off some staff and suspend our medical scheme and overseas trips for the General and Deputy General Manager. There was also the ban on export of diamonds, which compounded our financial problems. We are now operating permanently on a huge deficit. Our financial situation was exacerbated in January 2001 when our income from exports was reduced to 0.75%.

In anticipation of the Certification regime GGDO had to buy valuation equipment, computers and furniture to meet the requirements for certification of all diamond exports. In this regard we have to thank HRD for helping us out by providing us with a data base computer and a digital camera, which ushered us into digitisaiton. HRD also provided us with some other equipment and not only that but they sent an expert who came to our office and installed the computer and put our staff through on its use. GGDO on its own bought a computer, scanner, a digital camera and coloured printer together with furniture for the office.

GGDO paid Le 19 million (Nineteen Million Leones), on 8th August 2002 and Le 17 million (Seventeen Million Leones) on 15th October 2002 to the Bank of Sierra Leone being arrears of rent and current rent respectively. GGDO had to sell the only utility vehicle it had to reduce its expenditure, as the vehicle was over ten years old. We have been able to buy one vehicle for the General Manager. GGDO moved into the East Wing of the Second Floor, Main Bank Building on 28th October 2002. A conservative estimate for furnishing our new offices is Le 80,000,000.00 (Eighty Million Leones).

PROCEDURE FOR EXPORT OF DIAMONDS

1. The exporter must have a Licence.

2. `The exporter should present the goods for valuation together with a copy of a Schedule "B" form (already filled up to the Government Valuer).

3. Valuation will be done in the presence of a Senior Mines Monitoring Agent, the Customs Officer and the exporter before the parcel is sealed.

4. Obligations of exporter:

1 Consolidated Revenue 0.75%
2 GGDO Operation Costs 0.75%
3 Mining Community Development Fund 0.75%
4 Independent Valuator Fees 0.40%
5 Mines Monitoring Fees

5. All payments will be made in US Dollars for which receipts will be issued to The Exporter. The Government Valuer will make sure that every exporter presents a Bank Guarantee that the value of goods exported will be repatriated to Sierra Leone.

6. The Government Valuer will cause the particulars of the package (Electronic Date about Certificate of Origin in Excel data-file and photos) to be sent to Belgium.

7. On the compilation of all formalities and payments having been made, the Exporter will be handed his parcel sealed for export.

CERTIFICATE OF ORIGIN:

In pursuance of UN Resolution 1306 the Government of Sierra Leone with the help of the Diamond High Council (HRD) of Belgium has put in place a system wherein every diamond exported by the government is accompanied by a Certificate of Origin. This is aimed at ensuring the export of conflict free diamonds. It is also aimed at minimizing smuggling (Global Certification). It is also intended to help major diamond importing countries like Belgium to keep an accurate statistics of legitimate exports from Sierra Leone.

There is now a direct electronic data base link between GGDO and the Department of Economic Affairs of Belgium that is expected to report back findings of both the valuation and other related mishaps. At the end of every export procedure in GGDO every data of the export including photographs of diamonds, certificate, diamond parcel, is transmitted to Belgium immediately by Email.

So far the system is working. All major dealers and exporters in Sierra Leone have cooperated with impressive results so far. All are anxious to be considered as above Board. It has become evident that some exporters are exporting far larger figures now than before. This could be seen in the large increases in exports in 2000 as compared to the past two years (1998 and 1999).

STATUS REPORT ON DIAMOND EXPORT - 2003

The year 2003 started on a very optimistic note and has registered sustained growth throughout the past months. The first quarter of this year recorded a total export of 108,032.62 carats of diamond, which were valued for US$ 16,526.536.98. As at 19th May the figures stand at 179,791.43 carats valued at US$ 27,652,544.76. This gives an average monthly export figure of 36,000 carats at US# 5.53M. Continuing at this pace for the rest of the year will meet the target of US$ 60M as was forecasted earlier this year. However with the Kimberly mining operation now in progress, expectations are high that the monthly average will soon rise to a more significant level, which will be way above the present.

The driving force behind the rapid growth in exports seems to be the Certification Systems. In October 2000, when the National Certification System was implemented, exports volume quickly rose from a level of US$0.39M a month to US$2.18M, in a space of three months. Though it could be said that those figures included stockpiles, the growth still continued. In 2001 exports rose to about 160% (US$ 26,022,492.27) more than 2000, giving a monthly average export of about US$ 2.17M. In 2002, the performance was exemplary. The first time in the history of GGDO or the diamond industry as a whole, the yearly export figure rose above a US$ 41M mark - a 60% increase in 2001.

The bloody nature of African Civil Wars especially that which occurred in Sierra Leone and Angola and the callous use of diamond ("Conflict Diamonds") to fund and perpetuate the wars, brought these countries to the attention of the International Community. As Gay Ralfe of DeBeers put it '`Although the trade in conflict diamond is unquestionably small, just one diamond dealt with in such a way is one too many''. A concerted effort by the International Community to stem the source of funding for rebels to continue their wars led to the implementation of the Global Certification Scheme that has come to be known as the Kimberley Process Certification Scheme. An important difference between the KPCS and the National Certification System of Sierra Leone is, in the case of KPCS, diamonds are exported to or imported form only participating countries. In the latter the GGDO had no power over the destination of exports. This has now changed.

Since the implementation of the Kimberley Process Certification Scheme in January 2003, export have soared to unprecedented levels, as at 19 May 2003 a total of 179,791.43 carats of diamonds valued at US$ 27,652,544.76 have been exported. This gives a monthly average export of 36,000 carats for US$ 5.53M. The chart below shows just how events have turned for the better.

It is believed that increase in official exports brings about a corresponding decrease in smuggling and a corresponding positive change in fortune for the members of diamond industry and the nation as a whole. It is therefore of vital importance to all to support the Kimberley Certification System. The participation of both diamond producing and importing countries have been very encouraging. Below is a list of countries, which joined the K.P.C.S. on January 1, 2003:
Angola
EC-Denmark
America
EC-Finland
Botswana
EC-France
Brazil
EC-Germany
Burkina Faso
EC-Greece
Canada
EC-Ireland
Central Africa Rep.
Gabon
Canada
Ghana
Democratic Rep. Of Congo
Guinea
EC-Italy
India
EC-Luxembourg
Israel
EC-Netherlands
Ivory Coast
EC-Portugal
Korea (S)
EC-Spain
Lesotho
EC-Sweden
Mauritius
EC-United Kingdom
Mexico
EC-Austria
Namibia
EC-Belgium
Norway
People's Rep. Of China
Tanzania
Hong Kong
Thailand
Philippines
Ukraine
Russian Federation
Unite Arab Emirates
Sierra Leone
South Africa
United States of America
Swaziland
Zimbabwe
More countries have promised to join at a later date.

FUTURE
It is the desire of the Ministry of Mineral Resources, the Board and Management to:

1 Acquire land for the purpose of putting up a building to be called Diamond House, to house GGDO and other related offices

2 Set up office in Bo, Kenema, Makeni and Kono for the purpose of assisting diamond miners and other persons involved in the diamond and gold business indisposing of and buying diamond and gold at prices as close as possible to prices in the world market which is in consonance with the purpose for which GGDO was set up.

3 Train valuers and assayers initially and to cater for further training for valuers and assayers overseas.

4 Cater for the well being of GGDO staff by increasing their salaries and allowances in order to encourage them to be transparent, accountable and efficient.

5 Following our participant in the certification system period October 2000 to now.

GOVERNMENT GOLD AND DIAMOND OFFICE - SIERRA LEONE
DIAMOND EXPORTS UNDER CERTIFICATION REGIME

01	YEAR	MONTHS OGT013ER	28,450.60	28,450.60	4,470,424A1	4,470,424A1
02	2000	NOVEMBER	12,128.75	40,579.35	1,079,695.58	5,5501t9.99	⁷12-1.⁹1!0^'
03 04		DECEMBER JANUARY	9,702.16 13,486.10	50,281 .51 13,486.10	983,014.60 1991,TT3.84	6₁533,134.59 1,991,773.84
05		FEBRUARY	15,384.67	28,870.77	1,909,276.29	3,901050.13
O6		MARCH	20,056.63	48,926.40	2,685,334.87	6,586,385.00	133.89
07		APRIL	14,4d0.58	63,366.98	1,821,327.48	8,407,712.48	126.13
08		MAY	16,996.96	80,363.94	2,156,765.00	10,564477.48	126.89
09	₂₈₈₁	JUNE	15,65229	96,016.23	2,154,917.36	12,T79,394.84	137.67
10		JULY	18,161.11	114,177.34	2,154,668.90	14,874,063.74	118.64
11		AUGUST	16,509.67	130,687.01	2,280,402.42	17,154,466.16	138.13
12		SEPTEMBER	29,706.68	160,393.69	2,194,349.36	19,348,815.52	73.87
13		OCTOBER	24,097.92	184,491.61	2,488,445.46	21,837,260.98	103.26
14		NOVEMBER	21358.88	206,850.49	2,152,522.95	23,989,783.93	100.78
15		DECEMBER	16,669.34	222,519.83	2,032,708.34	26.0:2,492.<'7	116.94
16		JANUARY	20 890.75	20 890.75	1,436,669.50_.	1,436,569.50	68.77
17		FEBRUARY	16,988.55	37,8T9.30	1,782 848.73	3,219,418.23	104.94
18		MARCH	13,280.94	51,160.24	1,590,819.50	4,810,237.73	119.78
19		APRIL	25 761.T2	76,921.96	3,772,768.36	8,583,006.08	146.45
20		MAY	29,781.27	106,703.23	3,241943.81	11,824,949.89	108.86
21	2002	JUNE	29,660.43	136,363.66	4196,749.43	16,021,699.32	141.49
22		JULY	37 479.73	173,843.39	4,920,889.11	20,942,588.43	131.29
23		AUGUST	32,250.28	206,093.67	4,311 832.52	25,254 420.95	133.70
24		SEPTEMBER	49,460.13	255,553.80	5,265,133A0	30 519,554.36	106.45
25		OCTOBER	29,449.95	285,003.75	3,770,189.09	34,289,743.44	128.02
26		NOVEMBER	33 686.78	318,690.54	3,753,079.00	38,042,822.44	111.41
27		DECEMBER	33,168.69	^`37862.99	3,689,307.86		118.60
28		JANUARY	37,852.99		4,612,174.44	4,6121T4A4	121.84
29		FEBRUARY	40 612.74	78,465.73	7,087,005.08	11,699,179.52	149.10
30	2003	MARCH	29 566.T9	108,032.52	4,827,357.46	16,526 536.98	152.98
31		APRIL	45,259.88	153,292.40	7,363,137.98	23,889,674.96	155.84
32		MAY	41,334.48	194,626.88	5,526,897.44	29,416,572A0	151.14
		JUNE	24,543.75		3,431,251.03		r^,Rv*m
		TOTAL	843,C31 .2v		107, • 35 ₅5 20 -59		126.96

NT GOLD AND DIAMOND OFFICE
DIAMOND EXPORTS UNDER CERTIFICATION REGIME

2000-2003 AS OF 9TH JUNE 2003

DESTINATION	NO.CERT	CARATAGE	VALUE
BELGIUM	468	827,149.07	101,880,088.04
USA	49	4,157.80	1,890,942.15
_ ISRAEL	17	5,486.92	1,627,128.81
UK.	33	4,183.51	1,040,633.74
POLAND	3	505.93	74,955.11
GERMANY	4	501.92	68,300.00
LEBANON	3	140.92	61, 533.81
NIGERIA	1	281.00	57,000.00
SOUTH KOREA	2	67.83	48,022.72
UKRAINE	2	60.15	43,209.83
CHINA	1	43.55	35,670.00
GAMBIA	2	128.03	32,975.40
ITALY	1	156.02	28,102.32
PUERTO RICO	1	37.45	20,950.00
CANADA	2	134.39	46,000.00
SOUTH AFRICA	1	26.61	13,536.91
INDIA	1	221.27	12, 522.74
GREECE	1	116.94	10, 592.70
JAPAN	1	19.58	10, 500.00
HONG KONG	1	230.32	69,096.00
HOLLAND	1	25.36	10,397.60
SWITZERLAND	1	20.70	4,500.00
SWEDEN	1	7.46	3,776.61
BRUNEI	1	1.07	214.00
UAE	1	103.79	35,432.10
ANDORRA (SPAIN)	1	23.61	9,500.00
CANCELLED	36
	636	843, 831.20	107,135, 580.59 ~

DIAMOND EXPORTS UNDER CERTIFICATION

AS AT 9TH. JUNE

2000

2001

2002

2003

DESTINATION

NO.

CERT

CARATAGE

VALUE ($)

NO.

CERT

CARATAGE

VALUE ($)

NO.

CERT

CARATAGE

VALUE ($}

NO.

CERT

CARATAGE

VALUE ($)

ANDORRA

1.00

23.61

9,500.00

BELGIUM

50,126.12

6,458,577.59

114

211,289.19

23,121,883.93

195,

349,188.54

40,827,307.16

133

216,545.22

31,472,319.36

BRUNEI

1.07

214.00

JAPAN

19.58

10, 500.00

CANCELLED

CANADA

84.82

14,000.00

49.57

32,000.00

CHINA

43.55

35,670.00

GAMBIA

10.38

5,915.90

117.65

27,059.50

GERMANY

501.92

68,300.00

GREECE

116.94

10,592.70

HOLLAND

25.36

10,397.60

HONG KONG

230.32

69,096.00

INDIA

221.27

12,522.74

ISRAEL

4,146.52

1,232,652.21

1,148.49

280,571.48

191.91

113,905.12

ITALY

156.02

28,102.32

LEBANON

106.36

48,552.57

34.56

12,981.24

NIGERIA

281.00

57,000.00

POLAND

464.32

64,854.11

41.61

10,101.00

PUERTO RICO

37.45

20,950.00

SOUTH AFRICA

26.61

13,536.91

SOUTH KOREA

67.83

48,022.72

SWEDEN

7.46

3,776.61

SWITZERLAND

20.70

4,500.00

UK.

135.81

64,057.00

3,167.01

627,332.28

388.19

146,511.36

492.50

202,733.10

UKRAINE

56.76

41,559.83

3.39

1,650.00

USA

2,246.15

754,624.55

533.54

265,170.59

1,378.11

871,147.01

UAE

103.79

35,432.10

50,281.51

6,633,134.59

183

222,519.83

26,022,492.27

254

351,859.23

41,732,130.30

167

219,170.63

32,847,823.43

GOVERNMENT GOLD AND DIAMOND OFFICE - SIERRA LEONE DIAMOND EXPORTS UNDER CERTIFICATION REGIME

	YEAR	MONTHS	_i	SUBTOTAL CARATS	VALUES ($)	SUBTOTAL VALUES	Ri E C A T

01		OCTOBER	28,450.60	28,450.60	4,470,424.41	4,470,424.41	157.13
02	2000	NOVEMBER	12,128.75	40,579.35	1,079,695.58	5,550,119.99	89.02
03		DECEMBER	9,702.16	50,281.51	983,014.60	6,533,134.59	129.98

04		JANUARY	13,486.10	13,486.10	1,991,773.84	1,991,773.84	147.69
05		FEBRUARY	15,384.67	28,870.77	1,909,276.29	3,901,050.13	124.10
06		MARCH	20,055.63	48,926.40	2,685,334.87	6,586,385.00	133.89
07		APRIL	14,440.58	63,366.98	1,821,327.48	8,407,712.48	126.13
08		MAY	16,996.96	80,363.94	2,156,765.00	10,564,477.48	126.89
09		JUNE	15,652.29	96,016.23	2,154,917.36	12,719,394.84	137.67
AUGUST16,509.67130,687.012,280,402.4217,154,466.16138.1310	2001	JULY	18,161.11	114,177.34	2,154,668.90	14,874,063.74	118.6411
12		SEPTEMBER	29,706.68	160,393.69	2,194,349.36	19,348,815.52	73.87
13		OCTOBER	24,097.92	184,491.61	2,488,445.46	21,837,260.98	103.26
14		NOVEMBER	21,358.88	205,850.49	2,152,522.95	23,989,783.93	100.78
15		DECEMBER	16,669.34	222,519.83	2,032,708.34	25.42'2,492.2?	115.84

16		JANUARY	20,890.75	20,890.75	1,436,569.50	1,436,569.50	68.77
17		FEBRUARY	16,988.55	37,879.30	1,782,848.73	3,219,418.23	104.94
18		MARCH	13,280.94	51,160.24	1,590,819.50	4,810,237.73	119.78
19		APRIL	25,761.72	76,921.96	3,772,768.35	8,583,006.08	146.45
20		MAY	29,781.27	106,703.23	3,241,943.81	11,824,949.89	108.86
21	2002	JUNE	29,660.43	136,363.66	4,196,749.43	16,021,699.32	141.49
22		JULY	37,479.73	173,843.39	4,920,889.11	20,942,588.43	131.29
23		AUGUST	32,250.28	206,093.67	4,311,832.52	25,254,420.95	133.70
24		SEPTEMBER	49,460.13	255,553.80	5,265,133.40	30,519,554.35	106.45
25		OCTOBER	29,449.95	285,003.75	3,770,189.09	34,289,743.44	128.02
26		NOVEMBER	33,686.79	318,690.54	3,753,079.00	38,042,822.44	111.41
27 28		DECEMBER JANUARY	33,168.69 37,852.99	37,852.99	689,307.86 4,612,174.44	4,612,174.44	118.60 121.84
29	2003	FEBRUARY	40,612.74	78,465.73	7,087,005.08	11,699,179.52	149.10
30		MARCH	29,566.79	108,032.52	4,827,357.46	16,526,536.98	152.98
31		APRIL	45,259.88	153,292.40	7,363,137.98	23,889,674.96	155.84
		TOTAL	777,962.97		98.177A32,12		~ 12S.2g ~

SIERRA LEONE GOVERNMENT
Minister of Mineral Resources
St' Floor
Youyi Building

12th May, 2003.

The Chairman,
The TRC
Block A, Brookfield Hotel
Jomo Kenyatta Rd
Freetown.

Dear Mr Chairman,

APPEARANCE AT PUBLIC HEARING OF THE TRC

I acknowledge receipt of your letter on the above subject and note that the Commission is willing to grant a one day extension so that I could make my presentation on Wednesday, 21t May, 2003, in the afternoon. I appreciate this consideration on the part of the Commission, especially the afternoon appearance, as Wednesdays are normally Cabinet days.

I also note that the Commission is quite concerned about the limited cooperation it has received from government institutions. I cannot speak for other government institutions, but for my part the only correspondence I have received from the commission was the letter of invitation, to which I reacted promptly by a phone call to the Chief in Information Management. He claimed that he had despatched a number of letters to my Ministry. The same may apply to other government institutions none of which was received. The mailing system should therefore be examined.

I forward a copy of my presentation with attachments and look forward to meeting you on the appointed date.

Yours Sincerely

Alh. M.S. Deen
Minister of Mineral Resources

MANAGEMENT OF MINERAL RESOURCES AND ISSUES OF CORRUPTION

PRESENTATION AT THE PUBLIC HEARING OF THE TRC

Formal mining started in Sierra Leone in the early 1930s with iron ore mining by the Sierra Leone Development Company Ltd. (DELCO) in the Marampa Chiefdom, Port Loko District, chromite mining by the Sierra Leone Chrome Mines Ltd. (SLCM) in the Nongowa chiefdom, Kenema District, and diamond mining by the Sierra Leone Selection Trust Ltd. (SLST).

The chrome mines closed down in the early 1960s after independence when the subsidy on the transportation by rail was lifted, and the depleted ore reserves could not support higher transportation costs.

The mining policy of 1969/70 which mandated that government could take majority shares in any mining company forced DELCO to close down prematurely in 1975 to escape the perceived problems of operating a mine with majority government shareholding.

Government actually acquired 51% shares in SLST to form NDMC (National Diamond Mining company) Ltd. In 1970, which turned out to be a disastrous decision for this company and the mining industry in general. SLST was already paying 70% corporate tax to government, and with 51% of the remaining 30% profit (about 16%) as dividend the government total take was about 86% of profit. Because government could not pay for its shares up front it was allowed to pay from dividends, which meant that the company was forced to pay dividend every year until 1980 when the accounts showed a loss for the first time since 1933. Because dividends were paid every year, there were no reserves to purchase essential spares and to replace worn out equipment. The demise and collapse of the company was therefore imminent even before the rebels attacked the mine in October 1992.

Exploration and mine development came to virtual halt because of the 1970 mining policy. Rutile and bauxite mining started in the 1970s and eventually compensated for the loss in revenue from iron ore and formal diamond mining activities. Before the rebel war intensified in 1994/95 the mining industry contributed 20% to GDP, 70% foreign exchange earnings and 15% government revenue. The bauxite and rutile mines were operating 16 miles apart and both mines were attacked by the RUF rebels in the same week in January 1995, and up till now there has been no formal mining operations (large scale operations), only the artisanal diamond mining has been providing foreign exchange earnings from diamond exports.

It is the function of my Ministry to adopt appropriate policies to attract investment capital and promote the mining industry to take a lead in kick-starting the economy of Sierra Leone which has been battered by the rebel war.

In this regard, government is lending $25 million Euro obtained from the EU as a grant to the rutile mine for resumption of operations. In addition to the repayment of the principal, an interest of 8% will be charged. The company is due to restart operations in the second half of 2004 with about 1000 jobs for Sierra Leoneans and over $15 million revenue to government per annum.

The bauxite mine is expected to start operations next door in July 2004 with over 300 jobs for Sierra Leoneans and over $5 million per annum in revenue to government.

In Kono the Kimberlite diamond mining is expected to start production in August/September this year with over 200 jobs for Sierra Leoneans and about $5 million per annum in revenue to government.

The global capital investment in exploration and mining is dwindling every year with only 5% coming to Africa; 3% of this 5% goes to Southern Africa and the remaining 2% goes to the rest of Africa. The competition is rather keen, therefore, with every country fighting to have a slice of this tiny cake.

With Sierra Leone coming out of a devastating war my Ministry is engage in a promotion campaign, and our first effort is a supplement of the leading mining magazine - the MINING JOURNAL in February 2003. I attach a copy to this presentation.

Because of our experience with the 1970 disastrous mining policy - the majority shareholding policy, in our 1995 and 1998 policies the emphasis shifted towards a private sector enterprise where the government would not take any shares in any mining company; rather, government's role is to adopt a policy of facilitation and providing the appropriate business climate for investors in the mining sector.

The management of the artisanal and small scale diamond mining has presented considerable difficulties to succeeding governments since the colonial times. Sir Morris Dorman had cause to expel a certain group of foreign africans in 1950s for persistent illicit diamond mining (IDM) and diamond smuggling. This government is facing the same problems today. But three recent events have combined to ease the problem somehow.

The first is that government has introduced a scheme whereby a certain amount from the export fees collected from diamond exports is disbursed to the diamond mining chiefdoms to finance a project which will benefit the entire chiefdom - a court barri, a clinic, school, bridge, any infrastructural project that will benefit the chiefdom people, and not an individual. This is called the Diamond Mining Area Community Development Fund (DMACDF). The amount is distributed in proportion to the number of diamond mining licences operating in the Chiefdom. This creates some amount of competition among the chiefdoms with each aiming to maximise its share from the Fund. The scheme is very popular with the chiefdom authorities, this is the first time that any government has considered the interest of the diamond areas with all the damage that diamond mining operation causes to good farming land, the authorities therefore pledge to help in the fight against IDM in their chiefdoms.

The second event is the appointment of chiefdom mining committees to allocate land for diamond mining with the Paramount Chief as Chairman, and four (4) others; two elders and two youths, male and female each. This is mainly in Kono, Tongo and Kailahun where the rebels occupied and controlled mining for extended periods when the local people had no access to their land for mining and farming. This scheme has returned the rights and ownership of the land to the chiefs and local authorities and is very welcome. They therefore help to arrest IDM in areas that are not allocated by the committee.

The third event is certification scheme introduced by the United Nations Security Council resolution 1306 (2002) of July 2000 with prohibits the import of diamonds from Sierra Leone without a certificate issued by the government of Sierra Leone to show that the diamond were exported under the authority of the Sierra Leone Government. The object of this resolution was to deny the RUF rebels the access to world market with illicit diamonds which they sold and purchased weapons to prolong the conflict, hence the term conflict diamonds.

In addition to this UNSC resolution Sierra Leone is also a founder member of the global certification scheme known as the KIMBERLY PROCESS CERTIFICATION SCHEME. This scheme, because of its global application, covers an even wider area.

Diamond exports have increased considerably since the UNSC resolution was introduced in October 2000. I attach the export records from October 200 to April 2003.

The issue of corruption in the diamond mining and marketing sector derives from the very nature of a diamond; easy to conceal, high value and in great demand worldwide. From the foregoing it can be seen that government has adopted a number of schemes and policies to minimise corruption in the artisanal diamond sector and laws have been introduced to provide deterrent to corrupt practices, but the law enforcement officers, mines officers, the police, the army, foreign and national court officials, have all fallen short of expectation and yielded to the attraction of the perceived wealth created by the DIAMOND. The Government and everybody, citizens and foreigners owe it to this country to fight corruption in any and every circumstance.

I thank you for your attention.

RE: MANAGEMENT OF MINERAL RESOURCES AND ISSUES OF CORRUPTION-KASSIM BASMA.

I believe I should first and foremost thank the commission for giving me this opportunity to make my own submission on the background of some frivolous allegations levied against me in previous submissions not too long ago.

I wish to inform the TRC that I have been dealing in diamonds for the best part of my life; ever since I was in my early thirties to date. and if you take a look at me it is quite easy to discern I'm already living in my bronze age. that, I'm sure gives you an indication of my wealth of experience in the diamond sector.

I first started as a diamond dealer that was sometime back in 1970 and gradually rose to the present status of diamond exporter. I should hurry to pronounce that all transactions effected under these licences were legitimate and in full compliance with the Mines and Minerals policy i.e. receipts were issued for all the diamonds which were bought by me and such transactions were duly recorded in rough and uncut minerals record book supplied to me by the Ministry of Mineral Resources.

Alongside the marketing of diamonds, I ventured into the mining aspect of the product which led me to incorporate my own mining company in the late seventies. the name of the company was K.B. Mining Company with mixed shareholders -partly Lebanese and partly indigenous Sierra Leoneans.

The company, like many other mining companies also became a victim of the civil conflict. All its equipment and machines were vandalized, burnt down or stolen. and we had plenty of mining machinery and equipment ranging from vehicles, earthmoving machines to treatment plants, jigs, pumps, dredges, and electric generating units.

Coming back to the issue of the conflict, like I previously informed you I am a businessman perched in my diamond office and expecting to do business with the public i.e. people who come up with the product and wish to make a deal with me. Sometime, if you're lucky you know that these person or group of persons in front of you are licensed and offering a diamond stone for sale, which is your focus as a businessman, you are therefore enticed to entertain that person or group. In the process you primarily determine the weight of the stone, next you take a close look at the stone with the use of a loop (magnifying glass) to examine for cracks and possible inclusions. After all this you then begin to haggle over the price being offered until, you arrive at an agreeable amount. Documentation of the transaction then follows and which includes preparing a receipt in accordance with the approved format by the Ministry of Mineral Resources. This involves providing very useful information about the name of the seller, the type of licence under which the diamond is sold, the weight of the stone and the amount received as proceeds. Such data are crucial in tracking the product in the event of disputes and also ensure that the product is not eventually smuggled out. Indeed, inspite of the effort of the Ministry of Mineral Resources in combating smuggling through policy review and the enactment of stringent penalties as a deterrent, it is an open secret that smuggling was the order of the day. However, the establishment of the Certificate of Origin scheme for the exportation of diamonds and now Kimberley process has dramatically diminished the smuggling of our precious minerals. This is evident in the current volume of diamonds being legally exported through G.G.D.O. at this juncture, I wish to appeal to the' government not to relent in supporting the Kimberley process and also recommend the continuation of the present policy relating to precious mineral exportation.

I can remember vividly that in 1995 and 1996 consecutively, I was classed the number one diamond exporter in Sierra Leone i.e. in terms of the volume and value of diamonds which were exported through G.G.D.O. also in the year 2001, my business house came first and the following year 2002 was rated second to another successful buying office.

Well, successes often come with opportunities and alongside these opportunities there are threats that accompany such success. My successes in the diamond business often come with more threats than opportunities; particularly during the period of 1997 to the end of 1999.- for example, on the day of the AFRC coup, which I can still remember was a Sunday, soldiers suddenly started raiding my residence. Some came requesting for money others to loot and commandeer vehicles while some groups did both. This harassment continued until I had to hide away my family from my residence. Actually, what finally precipitated my moving out of the house was when I narrowly escaped being shot by a group of soldiers obviously mixed with some RUF rebels. One of them brandished a pistol and threatened to shoot me in the leg; stubbornly repeating his desire to leave a scar on me. I only succeeded in dissuading him by allowing them to take a way the carton of money I had in the house and which was meant for the Kono branch diamond office. Another instance I wish to site was that while I was in hiding I got a telephone call reliably informing me that some RUF personnel in Kono were planning to kidnap my son Jihad together with my daughter and son-inlaw. They were the ones responsible for the running of my diamond office in Kono. On hearing this I immediately linked up with Jihad who confirmed that infact the RUF made a futile attempt the previous day to capture them, but thanks to the assistance they got from some good neighbours who risked their lives to hide them. Jihad further informed me that he had already sent a runner to the Executive Outcomes at the D.O. barracks to request for assistance in moving them out of the town. I later learnt that one Major Yan did heed to their request and got them out of their hiding place in a military convoy and took them over to their camp. They passed the night peacefully with the South Africans and the following day were airlifted to Freetown to join the rest of the family.

In Freetown, we suffered embarrassment and because of the social unease coupled with the unpredictable nature of the happenings of the time, I finally decided to send my family over to Lebanon in June 1997 then one week later I followed suite. I had to slightly delay my departure in order to officially close down my establishment before leaving.

In respect of interaction, I think I enjoy quite a warm and cordial relationship with every sector of the communities where I have an establishment.

As a diamond businessman, having a healthy public relations is always a priority. and because of that I am always ready to contribute when called upon to community development programmes. Also of importance is the fact that I coincidentally held the office of chairman, Lebanese Community and subsequently provided liaison between the Lebanese community and others with a view to creating social, economic and cultural harmony for the wider community.

May I at this stage thank you all for your indulgence in listening to my submission. and wish to emphasize that this is my true story and all that which has been previously reported is totally false and was maliciously designed to smear my reputation and defame me.

Thanks so much

A PRESENTATION SUBMITTED TO THE TRUTH AND RECONCILIATION COMMISSION AT THE THEMATIC HEARINGS ON BEHALF OF THE SIERRA LEONE PEOPLE'S PARTY (SLPP)

THEME: MANAGEMENT OF MINERAL RESOURCES AND ISSUES OF CORRUPTION

ONE COUNTRY! ONE PEOPLE!

COUNTRY FIRST

BY: DR. PRINCE ALEX HARDING PH.D (LOND.)
NATIONAL SECRETARY GENERAL, SLPP

MANAGEMENT OF MINERAL RESOURCES AND ISSUES OF CORRUPTION

Sierra Leone we all agree is a country beset with a series of unfortunate paradoxes: e.g. fertile soil and good weather conditions all year round, but we import most of our staple food (rice); possess diverse minerals yet so poor; the list goes on.

Amongst the many reasons proffered to account for our demise, inappropriate policies as outlined in the June 7, 1996 Presidential address stands out clearly to be the critical factor.

Although the long-term economic future of Sierra Leone lies in productive agriculture, the bridge to link us with the future is in today's mining. The truth is that mineral wealth is needed as a driving force for our economic emancipation, more so now and the foreseeable future.

Sierra Leone has a fairly bit of history in mining; household names like Sierra Leone Selection Trust (SLST) for diamonds, DELCO for Iron Ore, SIEROMCO (bauxite), SIERRA RUTILE (Tio2), contributed meaningfully to the socio-economic and political stability of our nation. However, with the exception of SIERRA RUTILE which was decimated by rebel activity, most of these companies collapsed due to negative political interference and institutionalized corruption.

A case in point is the diamond mining company SLST. It first came into existence in the 1930's, which later metamorphosed into a formidable partnership between a British Consortium and the Sierra Leone Government in the SLPP days. It provided, in addition to the much-needed foreign exchange, meaningful employment and educational and technical training for our Human resource base.

With the advent of the APC, SLST was virtually nationalized and baptised National Diamond Mining Company Ltd (NDMC). Political appointees under the guise of Government Representatives interfered with every aspect of the company and sat right in the Diamond Separator houses, siphoning gems for their political masters and self, thereby depriving Mother Sierra Leone of her rightful share. Profits evaporated and the company descended into a convulsion of loss making.

The final nail in the coffin occurred when the BP shares was grabbed by PMMC, a local company that was a puppet for the APC. NDMC was liquidated and buried.

MINING POLICY

The SLPP strongly believe that a comprehensive policy outline is the critical pathway to the full realization of our economic potential in the mining industry. In this respect the SLPP applauds the Tejan Kabbah SLPP Government in producing the new policy which is structured to enhance the aims and objectives of two previous policies (1995 and 1998) which was to create an enabling environment for much needed foreign and local investments in the mining sector. In addition, this policy also enhances the social and economic benefits to the country, mining community as well as the investors and importantly addresses the vexing questions of security of Tenure for Licences and Leases and the Environment.

DIVERSIFICATION AS THE KEY

Mining as we all know has been going on for a long time and it should be expected that well known minerals like alluvial diamonds, bauxite (aluminum) etc. to be depleted for economic large-scale production. The saving grace however is in our mineral diversity and the possible exploitation of the sources of known minerals like Kimberlite diamonds and LODE GOLD.

Sierra Leone is known more for diamonds than any other mineral. The future however is dependent on the successful exploitation of other solid minerals, gas, and petroleum.

South Africa's position as the number one in Africa is due to their exploitation of Gold, diamond, platinum etc. Guinea's third position again is due to her exploitation of other minerals as well as diamonds.

1. Iron Ore: It is pleasing to note a company is about to re-start mining operations.

2. Rutile: Sierra Ruble needs to come on stream within the next few months as is now expected.

3. Gold: Apart from mining of alluvial gold (subsistence mining) no lode production has been recorded. As an information, the country has one medium-sized Achaean greenstone belt (source of Gold) about 80 miles long and ten miles wide and several smaller ones. One of such small ones at Baomahun that was at an advanced exploration stage by BAOMAHUN GOLD MINES, before the rebels struck, showed a reserve of one million plus ounces and that in financial terms is well over US$350 million dollars. Baomahun and other areas probably more endowed should be exploited as early as possible.

4. PLATINUM: is more expensive than gold probably due to its rarity. The Freetown Peninsula has evidence of platinum and it is heartening to note that Government had attracted investors who have undertaken exploration exercises for this precious mineral. (Resource Finance Ltd and Resource Securities Ltd).

5. DIMENSION STONES: A novelty in building and cemetery design is another mineral that needs exploitation. The SLPP Government granted a mining lease to Olympus Mining Limited, a wholly owned South African Company in 1997.

6. PETROLEUM: This is yet the ultimate in mineral wealth. In the early 1980's when the APC was at its Zenith, Amoco and mobile sunk two drill holes (wildcatting) after a few seismic studies. These holes showed some indications of hydrocarbon (petroleum) in the sediments. However these international oil companies abruptly left due to alleged undue demands by the then powers-that-be. Infact the expectations of personal aggrandizement was so high in the APC government circles that a senior Minister resigned his Ministerial post to enable him to be perfectly positioned to take over the top job of running a National Petroleum Company that was to be set up. Needless to say when the Amoco and mobile left the National Petroleum Company remained a mirage.

However with the advent of H.E. Alhaji Dr. Ahmad Tejan Kabbah and his SLPP Government, an internationally renowned company TGS NOPEC was invited with no request for kickbacks to do an extensive seismic survey. The result has attracted credible international investors to bid for exploration blocks. Hopefully the opening of the bids by July will signal the beginning of the successful exploration of our Petroleum Potential.

DIAMONDS

Depending on the source, our country can boast of two types of diamonds, alluvial and kimberlite.

Alluvial diamonds are scattered all over the country but concentrated mainly in the south and east. Incidentally, we have well over one million Sierra Leoneans directly involved in alluvial diamond mining, who therefore are generally self-employed. Government should leave this area purely to the Sierra Leoneans and limit herself to playing supporting roles. One such area is for Government to hire equipment at reasonable rates to groups of miners/cooperatives. This will break the cyclical Shylock-type economic dependence on foreigner support thereby increasing the earning power of the indigenes whilst retaining self-esteem. Also Government could be visible in monitoring the movement of diamonds against smuggling.

KIMBERLITE DIAMONDS

Kimberlite Diamonds: These are diamonds which are embedded in solid rocks, mostly deep in the earth crust. They are the source of all alluvial diamonds. They were first discovered in Kimberly, South Africa, hence the name KIMBERLITE DIAMONDS.

Kimberlite mining is highly technical and capital intensive, well beyond the reach of the individual miner or small companies. These Kimberlite dykes and pipes tend to be highly localized about some meters in length and breadth. These features augur well for monitoring purposes as in the case of Botswana; they have only Kimberlite diamonds which certain political opponents naively compare with our alluvial diamonds which is scattered all over the country and is nigh impossible to monitor 100%.

Up to date Kimberlite dykes and pipes have been identified in Kono and Tongo Fields, all in the east. Two of such pipes in Kono are currently being bulk-sampled for possible mine development by Branch Energy Ltd.

The Tongo dyke system has given rise to 40-carat stones but these diamonds though essentially clean are smaller than the Kono diamonds (which gave up 973 carat, star of Sierra Leone).

It is firmly believed that there is a multitude of sources of other rich pipes and dykes yet to be discovered, that accounts for isolated alluvial deposits in areas like, Jojoima, Mateu (east), Pujehun (south), Koinadugu, Kambia, and Bombali (North).

It is therefore of priority for the Kono and Tongo Kimberlites to be developed into mines within the shortest possible time. Added to that, credible investors are needed with modern exploration expertise to locate these sources especially those for the very fine colour stones that command a premium on the market found in the Makpele area (south). The SLPP is of the view that the future with regards to diamonds, is in the successful exploration of Kimberlites. The Tongo dyke alone under Rex Mining was estimated to be around US$4 billion (courtesy Reuters).

LIMITED PARTICIPATION

The global economic trend is yet firmly tilted towards the Open Market economy. One of the pillars is that Government divulges itself form doing business. The government is then expected to formulate and implement policies and acts as a collector of taxes. The vogue although had some measure of universal acceptance might not adequately address our present unique circumstances.

Time and again diamonds from alluvial source have only been subjected to about 3% tax of its value and only when exported. Government should endeavour to form partnerships with investors with the wherewithal. The operation to be monitored by government and the profit shared on perhaps 50/50% basis. The arrangement will be the government providing the land and the investor the capital. The new mining policy is also embracing this.

PROSPECTING AND EXPLORATION

It is established fact that no mining industry can realize its full potential without an active and vigorous prospecting and exploration sector. When the SLPP took over in 1996, the Mines Ministry can only boast of one prospecting licence for dimension stones, held by Olympus Mining Ltd. The SLPP Government immediately set to work to create the necessary enabling environment i.e. Publicity of our good geological potential, instituting good policy measures chief amongst them, the security of tenure etc. This attracted investor confidence in our mining sector as exemplified by the number of prospecting and exploration licenses which stood at sixty-five just before the coup d'etat in 1997. The income in terms of licence fees alone was slightly over Le500,000,000, with an average employment possibility of 13,000, and as a source of social and economic benefit for other ancillary business ventures and surrounding towns/villages.

It is heart warming to note that the government has reactivated this important sector thereby attracting old and new investors. Infact, recently at Hastings airport, H.E. Alhaji Dr. Ahmad Tejan Kabbah commissioned an aeroplane loaded with sophisticated machinery for the purpose of aeromagnetic survey. The plane is owned by a Canadian company, which has lease rights to transverse the North-East part of Sierra Leone to accumulate data which will hopefully indicate reserves of known mineral and identify yet to-be-discovered minerals. Such data can then strengthening the bargaining position of government in situations where mining rights are given amongst other possible scenarios.

However, experience has it that the mining field should not be left solely to foreign players. The Ministry should play the leading role through the Geological Department in the search for minerals.

START-UP DATES

For too long some `investors' have been in the habit of acquiring prospecting/exploration licenses, `sit' on it for several months or years without doing anything to the Land. In the end they either simply disappear in thin air or sell the prospect at an astronomical price and disappear with the loot. The country in the end loses economically and otherwise. The SLPP is of the view that all holders of such licences should be required first to have put together visible measures to start up dates operation within three months and expected to start proper within six months. Failure to adhere to the above should lead to the withdrawal of the licence, exempting unavoidable circumstances like force Majeure etc.

DEVELOPMENT PROGRAMMES

The SLPP holds the view that the issuance of prospecting/exploration licences should be dependent on the provision of basic amenities like schools, clinics, markets, court `Barras', good drinking water etc. This will be expected to go concurrently with the prospecting and exploration activity. This procedure has the added benefit of easily separating the bogus from genuine companies. Finally, Mining Companies with long mining leases will be expected to put together far more comprehensive development projects.

In this regard the SLPP would like to congratulate the President Alhaji Ahmad Tejan Kabbah and his government for instituting a novel idea whereby certain percentage from mining chiefdoms are returned to the said chiefdoms to undertake developmental projects of their choice. This strategy has had the added benefit of reducing illegal mining since the Quantum of money any chiefdom will get increases arithmetically in relation to the number of licences obtained in the Chiefdom. In essence the chiefdom authorities have joined hands with government to police the mining fields.

ENVIRONMENTAL ISSUES

Mining as outlined earlier has contributed to national development in Sierra Leone. Accordingly, prior to closure, Sierra Rutile alone contributed about 6% to the country's GDP, 49% (US$71 million) to the total foreign exchange earnings and 11% to the national wage earnings in 1991 (SLR - Environmental Assessment, March 1997). Mining operations, however, cause diverse environmental impacts. Chief amongst them has been the loss of traditional agricultural activity through loss of land. Since the days of household names like SLST (NDMC), DELCO, SIEROMCO etc there have never been any credible environmental plan to implement for the much-needed rehabilitation of mined-out lands for agricultural land and/or social purposes. The average miner, small companies and partnerships have also contributed in no small way to cause untold damage to the environment.

The present world environmental awareness coupled with the frightening fact that minerals are non-renewable assets compels us to institute urgent policies to rehabilitate the environment (land etc.).

At this juncture, the SLPP applauds the Government's policy to ensure that medium to large-scale mining industry mine in a safe and environmentally responsible manner in accordance with approved environmental management plan. At a lower level, a rehabilitation fund has been set-up for small-scale rehabilitation and land reclamation.

MONITORING

Just as prospecting/exploration is vital for the expansion of mining, monitoring is extremely important for the realization of the benefits of mining. It is been said that prior to the assumption of power by the SLPP-Government, smuggling of our precious minerals (Gold and Diamonds) was put at 80%. Although there is a popularly held belief that smuggling cannot be eradicated completely, the SLPP Government has put a lot of effort to reduce smuggling. One such strategy is the appointment of over 100 Mines Monitoring Officers. In the main, they have scored notable successes in tracking potential smugglers. Their effectiveness is however hampered by the lack of adequate logistics in terms of mobility and detection techniques, the legal teeth to enhance arrest and the limited number of field personnel taken on board the national spread of mining activity. In addition the initial reporting mechanism of the monitors to report directly to the Minister should be re-considered. After all, one of the roles as envisaged of the Mines Monitors is to report on any unholy alliance or activity of Government officials and other players like Miners, Dealers, Exporters etc.

The other telling strategy that has been employed by the SLPP Government which has gained currency the world over is the Kimberley Process. This a process whereby, diamonds for export are parcelled and their details are electronically transmitted to the receiving country. This includes such details as colour, clarity, cut and caratage commonly called the 4Cs. Remember there are up to a thousand characteristics of a diamond but only visible to the connoisseur's eyes. Any tampering with such a sample distorts the overall characteristics of the sample which renders the parcel for confiscation and any attendant penalty. Also countries using the Kimberly process will not touch any diamond outside the said process. The sum total of this all is that diamond exports have dramatically risen.

PUBLICITY

The oxygen on which any organisation or establishment thrives is publicity. Our immediate past blurred our image on the international mining map. The situation is compounded further by the fact that we are competing with other African countries with similar or better geological potential for available investment funds which stands at a dismal rate of about 5% of the world's total. South Africa alone attracts half of the available 5%, the rest of Africa including Sierra Leone is competing for the remaining 2.5%.

The SLPP urges the Government to continue making presentations at international conferences to sell our geological potential and investor-friendly policies through speeches, newsletters, exhibitions etc at most conferences held on each of the following Continents - USA/Canada Africa, Europe, Asia. For as the view holds that certain Conferences attract similar delegates, the location of Conferences also have a distinct bearing on the composition of delegates. The SLPP therefore wishes to applaud the Government for producing a well-thought mining brochure in 1997 and a newsletter a few months ago.

TRAINING

There is a current paucity of training personnel in the Ministry, which is undermining the credibility of the Ministry. Although Sierra Leone has a long history of mining activity, our technical institutes and colleges cannot boast of a Department excepting Geology, capable of producing any of the various graduates necessary to take our mining industry into the unknown future; notable examples are mining engineers, mineral economists etc. This unfortunate paradox should not be allowed to continue much longer. Before May 25, steps were at any advanced stage for the establishment of a Mining Department at Fourah Bay College. Upon request the Institute of Public Administration and Management had already devised a short-term programme for mines monitoring officers to enable them to be effective. It is expected that similar programmes will be prepared covering all levels in the Ministry which could have necessitated a training school, to produce new and update appropriate technical staff.

MINERAL PROCESSING FACTORIES

It is common knowledge that third world countries like ours are not paid fully for their products. This is because apart from political and market forces we have mainly concerned us to producers of raw materials and have hardly ventured into the lucrative area of processing. In order for us to start realizing fully from our mineral wealth, certain stages if not all, in processing of minerals should be encouraged to take place on our soil. Examples of these include Gold Smelting, Diamond Polishing, Iron Ore Palletising and Jewellery factories etc. Again before May 25, a licence for the establishment of a Diamond Polishing Factory had already been granted to an American-owned company and an Iron Ore Palletising Factory was established at Pepel by a Dutch Company that was recently issued an Iron Ore prospecting licence and inquiries were received from prospective investors thinking of setting up a Gold Smelter.

GOVERNMENT GOLD AND DIAMOND OFFICE (GGDO)

The initial role of GGDO was to buy at competitive prices, assort, value, parcel, market and export both gold and diamonds. However, the dictates of the market economy prevents economic entities like GGDO from being both player and referee. The office therefore concerns itself only with the valuation aspect and collecting on behalf of Government the prescribed 3% export tax on gold and diamond.
In order to attain the highest standard of efficiency, professional competence and integrity and to build confidence in the exporters to shy away from smuggling, consultant valuers are hired for a fee eg. Diamond, Counsellor International (DCI) of Valuz Lichstenstein was one such consulting group. The SLPP believes this system should be maintained until a better system evolves.

Suffice to remind that in the earlier SLPP era DICORWAF (Diamond Corporation of West Africa) representing De Beers paid very good prices for our diamonds. In addition, the company trained Sierra Leoneans for highly specialised and rewarding skills like diamond polishing thereby creating jobs. Here again the APC debilitating policies drove them away.

NATIONAL AND FOREIGN PARTNERSHIP

Nigeria has now been recognised as a champion for the restoration of democracy in the sub-region. She is also known for her supportive role in bringing together her nationals and foreign investors to create successful partnership. Whilst benefiting from their diplomatic stance, it is but proper that we copy with certain modifications their positive approach in enabling its citizens to control the business sector.
Short of any legislature, Government should encourage investors (companies) to go into partnerships and/or employ Sierra Leoneans for all levels of manpower excepting professions that we lack the requisite expertise. Prior to May 25 1997, a lot of diamond dealers/exporters had positively responded to this clarion by employing local people and teaching them the trade. For by such association is one sure way of effectively replacing the foreigners.

SUB-REGIONAL RELATIONSHIPS

As the sayings go "one swallow doesn't make a summer" and "unity is strength", the Ministry should endeavour to collaborate with counterpart Ministries within the subregion on all mining matters. These will range from exchanging information on defaulters (like smugglers) to putting together joint-venture projects.

RECOGNITION OF ROLE OF TRADITIONAL RULERS IN MINING

The SLPP Government have re-instituted the policy whereby the custodians of land in the provinces (the chiefs) play a significant role in issuing mining licences. This has helped stem down the usual conflicts between land-owners and investors wherein only Ministry officials were involved in the issuance of licences.

In the past APC days, land was leased to investors or taken over by the Party apparatchiks without reference to the chief and/or the owners.

In the NPRC days the whole of Kono including Koidu Town was leased to different investors, most of them absentee landlords, by the Minister sitting in Freetown without any consultation with the local populace including the chiefs. Most of the new landlords were touting these leases on the international stock exchange markets without actually mining the land. Infact most of these leases became the breeding ground for illicit mining and hence smuggling. Needles to say that with the advent of the SLPP Government those lands were returned to the Kono people and a committee comprising Chiefs, Ministry officials and notable personalities in the localities was set up and charged with the responsibility of issuing licences.

In Tongo the NPRC devised a ticket system to fund the so-called war-effort. A small plot was given to anyone for about Le50,000 a month to mine. The proceeds were not monitored which encouraged wide-scale smuggling.

This ticket system yielded close to 1 billion a month but only about a third was actually reported to the treasury.

CORRUPTION

Corruption, a noun, as defined by the new Oxford Dictionary is dishonest or fraudulent conduct by those in power, typically involving bribery.

As the definition clearly shows, corruption thrives in the absence of honesty. And we all know that honesty is an elusive criterion. As a collary, everyone has a price or is it? These truisms and many more have given rise to the belief that corruption can never be completely eradicated in any society. In that regard progressive societies have been able to put together policies that have reduced corruption to a level that would not adversely destroy the social fabric of their country. Can we call it negligible corruption?

In the Hey days of then omnipotent APC, corruption was legalised and institutionalized and therefore admired. Today Sierra Leone is paying the price, it will take a whole generation, perhaps, to completely reverse the trend to the old SLPP days of transparency, accountability, probity and prudence in the state machinery.

Under the current leadership of our noble President, Alhaji Dr Ahmad Tejan Kabbah, the SLPP is maintaining Zero Tolerance to corruption at any level. The SLPP have no Sacred Cows or Sacrificial Lambs with regards corruption. Let me just take the liberty to name a few instance to give credence to our stance against corruption, unpalatable through they might seem:

First, a judge has been convicted and jailed by the courts.

Second, a Senior Minister has been convicted for corruption but has appealed against the judgement. It is his constitutional right to do so.
Third, two Parliamentarians (one an SLPP man and other APC) have both been arraigned before the courts on corruptive practices. Infact the APC Man's charges are more serious then the SLPP-Man's but it seems no one seems to notice it or even recognised that an APC Parliamentarians is also in court.

That besides, I would like to raise certain issues for clarification purposes.

In the first instance our political rivals had frowned at the penalty rendered to the Minster, failing to recognised that there are specific charges for most crimes and in certain cases the degree and type of punishment is left to the discretion of the Presiding Judge.
As for the case of the SLPP Parliamentarian the same group of people are bellowing for instant justice, jungle-style, forgetting that our legal system presumes everyone innocent until proved guilty beyond all reasonable doubt in a court of law.

Anyone, including the President, attempting to interfere into the court's jurisdiction will be committing a criminal offence. Let's remember that the judiciary is an independent arm of Government. Remember Bill Clinton who was impeached for such attempts.

The SLPP Government, we must admit, has been forthright in dealing with corruption. We have openly admitted that our society is laced with corruption. In this regard we have taken the Bull by the Horn, so to speak, by creating the Anti-Corruption Commission (ACC) staffed by men and women of impeccable character. This is a notable first in Africa and in the greater part of the world. Of course the ACC has suffered certain teething problems as you will expect in all new ventures of that type but glad to say that such problems has not eroded the credibility or effective functioning of the commission. Quite the reverse! Infact to expedite procedures within an environment of impartiality, the Government has asked for and is therefore expecting from the Commonwealth a Judge ands two investigators.

To round-up I wish to mention corruption in mining and how to minimise it. I have already mentioned the Kimberley process and the report mechanism of the Mines Monitoring Officers amongst others.

It is an undeniable fact that very large sums of money are always circulating in the diamond world, and therefore capable of undermining any well-intended policy.

The 40% value of confiscated minerals to the "arresting " personnel is a laudable venture to help reduce smuggling. The process of disbursing such payments should be speeded up.

Next, official licences fees should be publicly known in all languages in the mining localities to help put a stop to corrupt officials asking for more. In the same vein extra field allowance should be made available to such field workers to eliminate the tendency to charge extra fees for their journeys.

More Mines Monitoring Officers should be hired to monitor the diamonds from the point of processing at the mines until exported.

The salary scale for the operators in the field should be made realistic to make them more corruption resistant.

Another incentive system is to give national awards to take full cognisance of other important players in the mining industry. Best Miner, Dealer, Exporter etc. Through this means it is possible Government might appeal to the conscience of the majority to be patriotic and for foreigners to identify themselves with our developmental aspirations.

Mr Chairman, Commissioners, Ladies and Gentlemen I must admit all these measures will come to naught if the individual is not patriotic. The SLPP is urging Government to relentlessly pursue sensitisation programmes to imbibe the culture of patriotism. The SLPP Government should continue to maintain the Sacrosanct stance of Zero Tolerance for Corruption. Through those means we have the tangible chance of lifting this once SLPP -induced prosperous nation from the APC - induced economic Abyss. So that we can once more be called the paradise of West Africa, to say the least.

I THANK YOU ALL FOR LISTENING

DR PRINCE ALEX HARDING
NATIONAL SECRETARY-GENERAL, SLPP

TO: THE CHAIRMAN - TRC
FROM : THE RUFP
TOPIC: MANAGEMENT OF MINERAL RESOURCES AND ISSUES OF CORRUPTION
CONTACT PERSON: MR. JONATHAN KPOSOWA SECRETARY GENERAL
15 LIGHTFOOT BOSTON STREET FREETOWN.

Fellow Citizens:

- Again we in the RUFP chamber wish to embrace the TRC for her farsighted views on the economy of Sierra Leone.

- Without been superfluous (bush beating), RUFP is here to speak nothing but the truth. The ultimate objective of the TRC is to make sure the truth prevails for and everlasting reconciliation.

However the 10 copies of any production of the topics to be spoken on might not be computerized as our equipment since vandalized May 11, 2002 had not been replaced adequately.

Many thanks to UNAMSIL for their advanced assistance.
Considering the Topic, Management and issues of corruption on Mineral Resources, the whole warring factions: RUFCDF-SLA-ECOMOG-EXECUTIVE OUTCOME - AND the civilians fall within the files of this topic.

Each group was indebted to a commander. The commanders received quotas for the government they were entitled to - called government property or due.

1. Who was the Government during the time of quota collections?

2. Who was entitled to give a quota to Government?

3. How much to each account now?

• Where is the account?
• Who is responsible for the mismanagement (not management again) and the issues of corruptions?

If no account at this time is presented to the central government, then all the parties named have mismanaged and corrupted.

Let us concentrate on, Kono where everybody is crying for as if Kono was the only place for diamond in Sierra Leone. The citizens of Kono mined during the war. RUF is not here to pinpoint.

According to the constitution of Sierra Leone, the natural resources are to be utilized for the betterment of Sierra Leoneans. We hope better policies will be made for good managements. I am personally saying that if the main objective of the mineral resources in Sierra Leone is not shaped positively, then we are all (factions) indebted to good management and the eradication of corruption.

His excellency, the President cannot buy all the diamonds in this country neither Chief Norman nor Mr. Issa Sesay. People cry with these names because they are commanders. Everyday, we read papers on corruption. There is corruption in Sierra Leone. This is why the GOSL has formed an Anti-Corruption.

EDUCATION AND HEALTH

The GOSL should stop these people from corrupting or else teachers will sell supplied stationeries while health workers will sell medicines and equipment under mismanagement and corruption. Salaries must be paid at appropriate times. Reconciliation starts from the mind. I thank you.

Jonathan Kposowa.

THE TRUTH AND RECONCILIATION COMMISSION

Presentation for and on behalf of Campaign for Good Governance by Mrs. Jamesina King, LLM International Legal Studies, Leadership Advocacy For Women in Africa Fellow, Women's Law and Public Policy Fellowship Program, Georgetown University Law Center U.S.A., Barrister & Solicitor of the High Court in Sierra Leone

Theme - "The situation of Women and Girls in the Pre-conflict, Conflict and Post Conflict Sierra Leone."

Political and legal status of women - a historical perspective

The Sierra Leone Women's Movement (SLWM) was established in 1951. Its goals were to improve the status of all Sierra Leonean women whether born in the Colony or in the Protectorate, to seek female representation on government bodies concerned with education, social welfare and the economy. Inspite of the success of SLWM in its goals to improve the status of women in education and their contribution to the economy, it did not achieve much success in obtaining representation of women in government. In the 1957 elections, the Sierra Leone People's Party nominated Patience Richards and Constance Cummings John as its candidates for Freetown. Both women won the elections but election petitions were entered against them; they did not succeed in gaining membership in parliament. In 1930 the women in Freetown were granted the right to vote provided they met the property or income qualification. There was no representation by women in the executive and legislature during colonial rule until 1957 when Paramount Chief Madam Ella Koblo Gulama was elected to one of the twelve seats reserved for Paramount Chiefs in parliament.

On 16th March 1960 on the eve of independence, SLVVM leaders published a petition presenting their stands on constitutional talks scheduled between the British and the Sierra Leoneans. They declared that the Government had deliberately overlooked the fact that they formed 50% of the population and demanded that the new constitution should clearly define the status of women, establish safeguard for their political, economic and social rights, and reform marriage and property laws which discriminated against women. Long-standing provisions on matrimonial and inheritance law derived from English common law, and adopted in 1960, had a decidedly negative impact on the property rights of women. In addition, customary law practised in certain communities, which was and is still largely unwritten, clearly discriminated against the interests of women in certain areas such as marriage, property rights and political participation. These laws that the women protested against in 1960 have not been reformed and still apply today. In April 1961 Sierra Leone gained its independence from Britain and adopted a new constitution. The women's demands for their status to be defined in the constitution were not met. Even though they participated and obtained support for the party that won the elections their efforts were not rewarded notwithstanding that they were qualified and prepared to take up decision-making positions in government. In September 1961 Sierra Leone joined the international community and became the one-hundredth member of the United Nations.

Women continued to be marginalized politically and economically after independence with only a handful of women some of who were Paramount Chiefs that participated in Government. Women's involvement in politics was limited to voluntary labour, organising catering, entertainment, raising and collection of funds and providing moral support. Independence was followed by many years of bad governance, poverty, lack of development especially in the rural areas, economic and political repression of the people by an insensitive political elite and a decline in the national economy. A breakdown of democratic institutions, coupled with military coups and political instability created an environment in which conflict became inevitable. As a result of the eleven-year rebel war many women lost their husbands or were killed. Women, were abducted, raped, had their limbs amputated and forced to be sex slaves or combatants.

The RUF Forces perpetrated systematic, organised and widespread sexual violence against girls and women including individual and gang rape. The widespread rape arid killing led to a sharp increase in single mothers and women-headed households. Forced migration led to overcrowding in the major urban towns in the country and an overburdening and complete deterioration of health and residential facilities. Unemployment and homelessness increased as victims of the war who were previously small farmers became internally displaced or refugees. Women and children have become psychologically traumatized affecting their health and general well being. The economic hardship and unemployment has increased women's risk of AIDS and other sexually transmitted diseases.

Sexual and gender based violence

A culture of silence and impunity existed prior to the conflict and reports on sexual and gender based violence was hardly -reported and seldom prosecuted. Laws relating to sexual and gender based violence are nonexistent or grossly inadequate. Law enforcement officers and judicial personnel lacked the necessary experience, skills or logistics to investigate and prosecute sexual and gender based violence as it was considered to be a domestic, family or private matter to be settled amicably or ignored. In the recent past there was only one police doctor to service the entire western area. This attitude discouraged women from pursuing their remedies and the culture of violence against women thrived. Furthermore very little advocacy existed on sexual and gender based violence, and because majority of the women and girls were economically and socially marginalized or dependent on some of the ~ offenders, they had very little incentive to report and prosecute offenders.

During the conflict

The widespread acts of brutal and horrific forms of sexual violence committed against women during the conflict were a direct consequence of the culture of impunity and silence that existed prior to the conflict. Women and girls were ruthlessly robbed of their human dignity and lived in constant fear of been attacked. In addition to the general killing and amputation of limbs which the general populace, including women and children suffered, women and girls were targeted, raped, captured and used as sex slaves or combatants. Even pregnant women were not spared of these atrocious experiences. Women also had to witness their children and husbands been killed. Not surprisingly many women are still battling to overcome the trauma of their experiences. Today, the laws have not changed regarding sexual violence and even though there has been an unprecedented increase in reporting and prosecuting offenders, yet Government has a lot more to do to address the problem.

Social and cultural consideration

The unequal power relations among men and women generally, and particularly in the traditional customary setting puts women and children in a vulnerable position and susceptible to be abused. Girls are forced into marriage without their consent. The spouses of these girls are old enough to be their grand fathers and out of fear, they succumb to the traditional rule of obeying their husbands, brothers and even sons. Polygamy is also prevalent in the society and men are free to marry and abandon as many wives as they can. In traditional customary setting the women have no rights in the home and may sometimes be regarded as a chattel to be inherited. Inheritance rights within the various legal systems discriminate against women. Absence of affordable and accessible quality health care in the community is responsible for the high incidence of maternal and infant mortality.

Economic considerations

Women find it difficult to move way from a home where they experience domestic and sexual abuse as they are economically and financially dependent on their husbands even though they will be responsible for all the labour that brings finances to the home. The maintenance laws for the children of both the married and unmarried woman are grossly inadequate and not implemented as the sums awarded under the laws are ridiculously low. Divorce laws under the various systems that discriminate against women should be repealed. The daily struggle of women within and outside the home towards sustaining their families is often overlooked and given monetary value during divorce proceedings.

Recommendations

(a) Sexual and gender based violence

The rules of procedure and the rules of evidence applicable in rape cases and other sexual offences, which require corroborative evidence, perpetuate a culture of violence against women as offenders go free when the evidence does not meet the stringent criteria of proof required. Rape and other sexual crimes should be reviewed so that offenders will be adequately punished and the culture of impunity addressed. Procedures adopted during the investigation and prosecution of sexual offences, including the attitude of law enforcement and judicial personnel which discourages women to report violation of their rights and perpetuating the culture of silence among victims should be regularly reviewed, assessed and amended.

Government should enact legislation regarding witness protection measures, shelters for victims of domestic violence and psychological and medical support for victims. Government should enact and enforce legislation with appropriately severe penalties against the perpetrators of acts of violence against women including rape, sexual assault, sexual exploitation and sexual harassment. The proposed legislation should be comprehensive, providing for sexual offences to cover prosecution of rape, incest, trafficking, sexual assault, sexual harassment and other forms of sexual abuse. This legislation should also provide the rules of procedure and rules of evidence to be adopted in the prosecution of such crimes.

(b) Constitutional provisions

The Constitution should be amended or a new Constitution should be enacted to include provisions for the protection of the rights of women and girls including measures to ensure that they are free from violence. These provisions should have supremacy over customary or religious laws that may require practices that violate the -rights of women and children. Section 27(4)(d) of the 1991 Constitution which allows the enforcement of discriminatory laws which particularly affects women should be immediately repealed. The Constitution should be amended to incorporate CEDAW, which has been ratified by Government. The Constitution should guarantee to women and men equal rights upon entry into marriage, during marriage and at its dissolution.

(c) Marriage and family law

Government should adopt 18 as the minimum age of marriage for both men and women, which should be a uniform statutory law applicable to all marriages. Government should enact legislation prohibiting the marriage of children below the age of 18. Government, should enact and enforce laws prohibiting violence within the family. Government should enact legislation that will prohibit marriage made without the free consent of both intending spouse. Government should enact and enforce laws that will give and protect women's property and inheritance rights. Provisions should also be made for the rights of cohabiting couples who are unmarried. Inheritance rights of children whose parents are unmarried should be recognized and enforced. Customary marriages should be registered similarly as Christians, civil and Mohammedan marriage and Government should enact a customary marriage Act that will govern customary law marriage. Divorce laws should be reviewed to give women equal rights at the dissolution of marriage. Such laws should have gender neutral provisions and the daily struggle of women' within the home, in the formal and informal sector should be considered and given monetary value when property rights are determined during divorce proceedings.

(d) Adolescents

Government should enact laws to make primary school attendance mandatory for both sexes and encourage education for girls through the secondary and tertiary level. Government's policy on AIDS should include specific programs and education campaigns specifically aimed at adolescents because of their vulnerability to AIDS. The schools must include in their curriculum a comprehensive and age appropriate sex education and counselling. Government should initiate and encourage programs to sensitise the community, including health care providers and law enforcement officials regarding the need to protect the girl child and adolescents against all forms of sexual violence, including rape, incest, and harmful traditional practices like child marriage, FGM and trafficking. In addressing the high infant and maternal mortality rate, the government should enact laws and pursue policies that will give access to an effective and affordable reproductive health care including safe pregnancy.

(e) Women's rights and HIV/AIDS

The status of women in the society particularly in the rural area denies women the power to insist on safe and responsible safe sex practices. They have little access to information and services prevention and treatment. Women and girls are at a higher risk of HIV infection due to' the prevalence of polygamy, sexual abuse, the practice of female genital mutilation and other harmful traditional practices. The problem is further compounded by the lack of an effective health care service. There, is an urgent need for the Government to increase public awareness of the risk of HIV infection and AIDS, with special attention to the rights, and needs of women and children, to the factors relating to the reproductive role of women in the society which make them especially vulnerable to HIV infection. Discriminatory laws denying women the right to own property should be repealed to prevent women living with AIDS from been forced out of their homes by their family.

Laws preventing discrimination and attack directly towards people living with AIDS particularly women should be enacted so that they can enjoy their basic human right. Infected people who reveal their HIV status should be protected from violence, stigmatisation and other negative consequences. The Government must as a necessity vigorously provide programmes which Will provide an effective health care centre that are obligated to provide guidance counselling, information and education regarding HIV/AIDS. Laws should be put in place to ensure that persons living with AIDS are not discriminated against in employment, housing, education and health care. Legislation combating practices that increase women's susceptibility to the HIV infection should be enacted and enforced. Government should provide and increase financial and institutional support for an effective and affordable access to drug treatment, including anti-retroviral drugs.

(f) Economic empowerment of women

Land distribution and inheritance rights

Land ownership is needed to enable women to achieve economic empowerment. Land is needed not only for agriculture where women make up a majority of the workforce, but also to be used as collateral for loans. In view of the present increase of single mothers and women headed households, government should adopt affirmative measures to ensure that these women are provided with the opportunity to own land. This measure will redress the grievances of widows who have been forced out of farm land owned by their late husbands. This problem is more acute in the rural area where land held by the Chiefdom Council in trust for their community is allocated mainly to male family heads. Reform of all policies and laws relating to land and land settlement schemes must give women more access and control over land to address the historical imbalance of ownership in land. Women's economic empowerment will serve as a catalyst for an increase in participation in politics.

(g)General

Government must review, assess and review all laws and policies to ensure that they are gender sensitive. NGO's have a major role to partner with the government and civil society groups in order to achieve this goal. Particular attention must be paid to women access to higher education, safe drinking water, affordable health facilities, women's role in the military and peace building. The employment of women in both the formal and informal sector should be closely monitored to ensure that they are accorded equal rights before, during and on the termination of their employment. Government should as a matter of urgency enact legislation to incorporate the major international conventions relating to human rights particularly CEDAW and CRC and ensure that they are effectively implemented and enforced.

Truth & Reconciliation Commission
Presentation At Thematic Event-Specific And Institutional Hearings

By Christiana Thorpe,
Founding Chair Forum For African Women Educationalists - FAWE Sierra Leone Chapter - Thursday 22nd May 2003

TRUTH AND RECONCILIATION COMMISSION: SIERRA LEONE
Presentation at Thematic, Event-Specific and Institutional Hearings - By Christiana Thorpe, Founding Chair Forum for African Women Educationalists - FA WE Sierra Leone Chapter - Thursday 22nd May 2003.

Topic: THE SITUATION OF WOMEN AND GIRLS IN THE PRE-CONFLICT CONFLICT AND POST CONFLICT SIERRA LEONE

Introductory Section

Mr./Madam Chairperson, on behalf of my Organisation Forum for African Women Educationalists - FAWE Sierra Leone Chapter I want to express our thanks to the Chairman and Commissioners of the Truth and Reconciliation Commission for the invitation to FAWE to share its experiences on this platform with you and the nation.

Organisation and Structure

FAWE Sierra Leone is one of 33 FAWE National Chapters throughout Africa with headquarters in Nairobi Kenya. FAWE Sierra Leone is registered with the Ministry of Development and Economic Planning as a local Non-governmental Organisation DODEP/D3/471 - September 1995 - NGO/060.

Established by me on 23rd March 1995, FAWE-Sierra Leone continues to focus on its mandate of "Supporting girls and women to acquire education for development." The Chapter has a total full membership of 501 women from all walks of life in seventeen branches nationwide at:

Freetown - Western Urban Area
Waterloo - Western Rural District Gbangbatoke & Moyamba in the Moyamba District
Mattru Jong and Mogbwema in the Bonthe District
Gobaru - Pujehun District
Bo Town - Bo District
Kenema Town - Kenema District
Daru - Kailahun District
Koidu - Kono District
Makeni - Bombali District
Magburaka - Tonkolili District

Lunsar, Port Loko and Lungi in the Port Loko District
Kambia Town - Kambia District

There are three other categories of membership, Associate members, Honorary members and Friends of FAWE. The Organisation is governed by the National Executive Committee and an Advisory Board. Both bodies have a two-year term of office that is renewable once. The Chapter's National Secretariat is situated at No. 4 Hill Street, Freetown.
FAWE works in collaboration with three line ministries, Ministry of Education Science and Technology. Ministry of Social Welfare, Gender and Children's Affairs and Ministry of Development and Economic Planning, as well as UN Agencies, International, National and Local NGOs, CBOs and local communities.

The Chapter implements all its activities through its Branches, monitored by the National Secretariat. Most of our funding is obtained through project partnership with International NGO's and other Donors, membership dues and donations from benefactors.
Activities

As FAWE Sierra Leone was born in the middle of the Conflict period in 1995, all its activities up to December 2002 had hinged on establishing coping mechanisms in conflict situations especially for our women and girls".

Our activities therefore fall into two categories: Regular programmes and Emergency programmes.

Regular programmes include:

a. Education Programmes: Pre-primary, formal and non-formal primary education, vocational skills training centers for pregnant girls/girl mothers, Adult literacy.

b. Scholarship Programmes: For deserving and needy girls in Primary Junior Secondary, Senior Secondary, Vocational Training Centers.

c. Training Programmes: Training local communities in mediating skills through Education for A Culture of Peace. Training of Facilitators in remote areas in methodology for non-formal Primary Education.

d. Counselling Programmes - Vocational, Psychosocial, Marital Group and Individual Counselling Sessions in schools, clubs, Institutions, homes and communities.

e. Research Advocacy and Awareness Raising Programmes - Our Resource Center gives assistance to Secondary, Vocational and Tertiary institution researching on girls education and women empowerment, and the impact of the war on the Development of Sierra Leone. Our Branches also identify school age girls that are out of school for admission into Educational Institutions in their locality and collaborate with local FM Stations for awareness raising and sensitisation programmes.

Emergency Programmes:

As stated earlier FAWE - Sierra Leone was born during the war, so developing coping mechanisms in conflict situations was vital to our very survival as well as that of our beneficiaries.

FAWE made three major emergency interventions during the conflict period to help redress violations of basic human rights of our children, young people and women.

The first two interventions were Educational. One in country and one in exile, to ensure that the right to Basic Education of our children and young people are addressed.

A. Emergency Camp School Programme - SLPMB compound
Wellington - May- September 1995

Barely two months after it was officially launched, FAWE - Sierra Leone had to address the issue of thousands of school children, displaced from the East and Southern provinces, especially Kailahun and Pujehun Districts who were roaming the streets of Freetown.

With collaboration from Plan International, U.N. agencies and European Union the poultry shed of SLPMB compound in Wellington was rehabilitated and a primary and JSS school programme was conducted by our members for four thousand, five hundred children between the ages of 6 - 18 years.

The European Union constructed ten new five-classroom block buildings against September 1995 to absorb these students into regular school programmes, in collaboration with the school proprietors.

It was during the registration for this Emergency programme that FAWE first observed that girls as young as eleven and twelve had been subjected to rape and were pregnant. Since these girls could not be placed into normal schools like the others, FAWE started the Skills Training Center for pregnant girl/girl mothers at Grafton in 1996 to help them continue their education. This center has served as a prototype for all ten Skills Training Centers that FAWE now run in the country.

B. Training programme for Externally Displaced Sierra Leonean children and youths - Resident in Conakry.
December 1997 - March 1998.

The aftermath of the coup d'etat of 25th May 1997, saw a mass exodus of Sierra Leone families into countries of the sub-region. The educational, social, political and economic sectors of Sierra Leone had been forced to a halt. The security of lives and properties especially of vulnerable groups like women, children and the elderly was greatly threatened. There was blatant abuse of basic human rights by members of the military junta and their collaborators.

The Republic of Guinea being the most accessible in terms of proximity and cost became the haven of most Sierra Leoneans seeking asylum. Those who stayed in Conakry were not officially regarded as refugees but as externally displaced Sierra Leoneans resident in Conakry. On arrival, they were faced with a major language barrier; having fled from home without financial support and forced under deplorable conditions to live in exile, parents and guardians lacked the necessary logistics for the inclusion of their children and wards into the regular Guinea Educational System. Many became destitute, frustrated and lost all hopes for the continuation of their children and ward's education.

Ten members of FAWE Sierra Leone Chapter were among this group, including our beloved Late First Lady - Mrs. Patricia Kabbah. Little did we realise at the end of our first emergency intervention in 1995 that two and a half years later, FAWE would be falling back on the experience gained for a similar but more daunting exercise outside of Sierra Leone.

With assistance from FAWE-Guinea we embarked on a programme with the primary aim of positively occupying our children and young people in Conakry during the period in order to minimise the risk of them clashing with Guinean law enforcement agencies. The programme sponsored mainly by UNDP and FAWE Nairobi, was officially opened by an official of the Guinean Ministry of Education, while the Late first lady, Mrs. Patricia Kabba gave the keynote address.
In all three thousand one hundred and fifty two children and young people benefited from the twelve weeks programme.

Achievements of the Programme
The programme succeeded in achieving its primary aim of positively occupying displaced children and youths for a period of twelve weeks. In addition the following achievements also surfaced.

(i) Games and Sports Programme

Games and Sports did not only serve to keep sound minds in the bodies of our trainees. They were also useful in developing friendly relationship with Guinean school children through a series of competition such as football, volleyball and basketball between the Sierra Leonean and Guinean school children. Games and sports also served to dissipate, negative use of energy, bottled up from frustration, anger and disorientation, which was causing our young people to be in constant clash with law enforcement agencies in Conakry.

Mr. Chairperson, FAWE believes that the culture of violence that our young people exhibit today has a direct correlation to their repressed but unexpressed emotions experienced during the conflict. We therefore welcome the creation of a separate Ministry of Youths and Sports by His Excellency the President to address the needs of our young people. This Ministry deserves the support of every parent, especially those who attribute the misdemeanours of their children to so called "bad companions."

(ii) Drama Programme

The Drama programme helped to detraumatised the younger children as it encouraged them to vent out some of their repressions through speech, actions, songs and poems. This reduced their level of stress tremendously towards the end of the programme.

(iii) Trauma Healing/Peace Education Sessions

This aspect was by far the most successful unplanned outcome of the programme. Volunteer trainers gained a lot from the programme. The exchange of ideas and experiences among staff yielded much dividend. It helped a great deal in exposing each person to worse stories of situation than theirs. This was therefore a place or venue where all could come with various shades of problems to meet and spend the day in consolation and emotional healing of each other. It was through these interactive sessions that the idea of developing Training Module for Education for a Culture of Peace emerged. We see the need for Trauma Addressing units manned by trained personnel to be established in all Institutions across the country.

Mr. Chairperson, Sierra Leoneans are still traumatised. The positive outcome of these sessions encourages FAWE to recommend that Trauma-Addressing Units, manned by trained personnel be established in all Offices, Schools and Institutions across the country. The frequency of the sessions will gradually decrease as participants become healed of their trauma.

FAWE would be willing to share its expertise in this area with government and other interested groups.

C. ASSISTANCE TO VICTIMS OF GENDER BASED VIOLENCE

Our third and perhaps major emergency intervention which is still going on came from our determination to restore dignity to our women and girls, through our programme of Assistance to victims of gender-based violence in Internally Displaced camps, areas of settlement in host communities, to returnees and juveniles in Domestic settings. For this programme our major funding partners included M.S.F. Holland, UNHCR and CordAid - Netherlands and IRC.

In February 1999 immediately after the ECOMOG regained control of Freetown from the rebels some of our displaced students from both the primary school at Fort Street and the Skills Center at Grafton reported being raped while the rebels were retreating. As some of these victims were already subjected to rape from their areas of origin, FAWE decided to address the issue of rape once and for all, break the silence and create a culture that says `no' to violence against women.

The invasion of January 6 necessitated an intervention, which included medical and counselling services for abducted girls and later boys too. FAWE's mandate of helping the girl-child to be educated to her full potential compelled the intervention. After deliberations with other agencies, the Raped Victims Programme was started. The initial collaborating agencies were FAWE, SLAUW, MSWGCA and MSF - Holland. Each local partner contributed counsellors while MSF (H) conducted counselling workshops to help improve skills. Later in the programme UNICEF also became a strong partner.

The first step of the intervention was public sensitisation on radio and television. During the first three months, April to June 1999, the programme was supported by FAWE International with MSF - Holland providing the drugs. By the end of June over one hundred and twenty-nine (129) victims had been treated medically and counselled.

The need to continue the programme became evident as abductees escaped or were released in batches. After consultations with MSF Holland, FAWE was able to get additional support from them in the form of funding for the whole programme.

In collaboration with other agencies the rape victims programme started. We then set up the following teams - Sensitisation team, medical team, counselling team, skills training team and co-ordinating team.

The reporting session was held fortnightly for a period of three months, then monthly as the programme stabilized and other agencies began to address the issue as well.

Sensitisation Programme

To begin with, it could be said, that the sensitisation work of FAWE together with SLAUW (Sierra Leone Association of University Women) was very successful, as most of the counsellors report, that a big part of their clients were informed about the programme by radio-and TV-announcements. Since March 99, FAWE got a media-campaign started, providing information about the rebel atrocities as well as the situation of rape victims, and radio-and TV programmes in local languages (Krio, mende, limba, in planning stage: temne and others) were broadcast on average once a week.

The messages were meant to break the taboo of rape, increase the responsibility of the communities to care for rape victims and above all give information about the services of FAWE.

AS FAWE's entry point to their work is education, they sought together with SLAUW to minimise the adverse effect on girls' education. A joint committee visited secondary schools and informed pupils and teachers about the rape and abduction issue and the available assistance. A collaboration of School Guidance Counsellors (SGC), and the Parents Teacher Associations (PTA) was initiated as an effective way to reach the communities, and a sub-committee of School Guidance Counsellors for rape victims was formed.

This sensitisation through schools into the communities obviously reached its goal, as community-members started bringing children to FAWE.

Leaflets, handouts and posters were distributed in schools, public places, supermarkets, hospitals and pubs to sensitise different target groups.

Process

When the victims report, they were registered and given initial counselling and then referred to an appropriate doctor on the team. The doctors assessed and treated them until they are certified fit. Records were kept of clients. For those girls/women who were pregnant, the services of the doctor were available until their confinement. They also benefited from post-natal care by the doctors, - Marie Stopes and ICRC.

Clients both male and female, ranging from six to sixty years were seen once a week individually. Counsellors did one to three-house sessions twice a week according to their pre-arranged schedule. When it was evident that a client was beginning to be less stressed-out and gaining confidence, they were asked to visit on alternate weeks. A few clients of those victims who came after July had to have two sessions regularly and benefited from the healing process. Group experience sharing was undertaken; and clients who were very particular about confidentiality felt relaxed to recount some of their experiences, which initially they were reluctant to share.

Usually, the sessions included prayers (Muslim/Christian), a discussion of educational activities, family members or self before the invasion. Clients were also encouraged to talk about their aspirations during which times it became evident that the programme as it was, was only a beginning. They requested needs such as shelter, clothing, food, educational support and seed money to restart business. As a number of the under-eighteen were pregnant they were worried about the possibility of continuing their education, provision for their babies or what to do with them. Their fears were usually allayed.

On the whole over 2000 victims were counselled, both at the FAWE secretariat and the Ministry of Social Welfare Gender and Children's Affairs (MSWGCA).

Achievements

1. All of the girl-mothers counselled were able to accept their babies and decided to keep them. Those who could went back to school willingly without fear of castigation.

2. More than 100 school-going victims went back to school, including some who have had their babies. Some have also benefited from scholarships for a year.

3. Baby kits were provided for the mothers.

4. Some of the non-school going clients began to rebuild their lives. A lot got engaged in petty trading.

5. Girls who only met during counselling sessions became friends.

6. Clients became advocates for the programme, and began sending or bringing fellow victims to benefit from the services.

7. Seven Doctors, thirty Counsellors a Drama group twenty six awareness raisers including a drama group and ten skills trainers participated in the programme.

8. As reflected in the doctor's reports, surgical operations were successfully carried out. Antenatal and post-natal services were also successfully undertaken.

9. 2,110 abductees benefited from this programme in the Western Area of whom 1,168 were raped victims.

Provincial Interventions
Provincial interventions were made in collaboration with UNHCR and IRC at the following locations:

Gerehun Displaced camp
Gondoma Displaced camp
Badajuma Displaced camp
Displaced camp
Bard settlement
Lokko Massama settlement
Daru Town
Koidu Town Kenema Town

The sensitisation, medical, counselling and skills training methods were used and over seven thousand raped victims were assisted between 1999-2002.

A Research was conducted to assess the rate of exposure to sexual violence by Displaced women and the Data was analysed as follows:

Analysis Of DATA Collection Conducted To Assess The Rate Of Exposure To Sexual Violence By Returnees At One Provincial Displaced Camp In May 2001
100 respondents within the campsite were interviewed.

CHART 1

AGE RANGE	NO. OF RESPONDENTS
4-19	18
20-29	40
30-39	30
40-49	6
50-56	6
	_ 100

All of the 4 years - 56 years age ranges interviewed stated that the main reason for fleeing to the Republic of Guinea was to avoid persecutions by the RUF rebels.

The responses to question 2 differ not only according to age group range but also with the occupation of the women at the time they fled from the area. Below is a tabulation of their status at the time of the rebel attack.

CHART 2

AGE RANGE	RESPONDENTS	STATUS
4-19	4	Attending school.
	7	Engaged in farming.
	6	Engaged in petty trading 4 years
	1	old - not going to school.
Total	18
20-29	12	Engaged in petty trading
	13	Farmers
	4	Small scale business
	1	Student
Total	30
30-39	21	Engaged in farming
	10	Small scale business
	5	Engaged in gardening.
	4	Traditional birth
		attendance.
Total	40
	6	Small scale business
40-56	2	Farmers
	1	Trader
	3	Traditional birth attendants
Total	12

At the time the respondents were displaced all 100 were at home.
All 100 respondents stated that they were sexually abused by the RUF rebels their captors.

THE EXPERIENCE OF RESPONDENTS DURING THE ASSAULT ARE RECORDED BELOW AS SHOW IN CHART 3

CHART 3

AGE RANGE 4-19	20-29	30-39	40-49	50-56
All were trying to escape	All were escaping when	All were escaping when	All were escaping when	All were escaping when
when they were	they fell into the hands	the rebels attached the	they were captured by	they fell into the rebels
captured by the rebels.	of the rebels	location.	the rebels.	hands.

THE RESPONDENTS GAVE HARROWING EXPERIENCES OF THE FREQUENCY OF RAPING BY THEIR REBEL CAPTORS WHICH IS DOCUMENTED IN CHART 4 BELOW

CHART 4

No of Respondents - 18	No of Respondents 40	No. of Respondents 30	No of Respondents	No of Respondents
4-19 years	20 - 29 years	30 - 39 years	6-40-49	6-50-56
Multiple Rape R2 - 3	R1-5	Multiple R2 -2
R3 - 4	R2-3	R4 -2	R1 - 2	Single raped R 1 - 3
R4 - 1	R3-2	R5 -5	R3 - 2	R 2 - 3
R5- 3	R4-4	R6 -5	R5 - 1
R6 - 2	R5-2	R7 -7	R10- 1
R7 -1	R6-2	R8 -5
R8 - 3	R7-6	R12-1
R10 - 1	R9-2	R15- 1
	R10-8	R16- 2

THE OTHER HARROWING EXPERIENCES STATED BY RESPONDENTS ARE SHOWN IN THE ANALYSIS IN CHART 5
CHART 5

AGE RANGE (in years)	4-19	20-29	30-39	40-49	50-56
a. Administered drugs	50% were	50% were	75% were	None	None
b. Used as rebel collaborators to commit crimes	None	10% were	None	None	None
c. Pregnancy resulting from rape	20% pregnant	25% were pregnant	25% were pregnant	None	None
d. Gave birth to babies	None gave birth	25% gave birth, but 25% suffered abortion/miscarriage	25% gave birth but 25% suffered abortion/miscarriage	None	None
e. Where are the babies?	None gave birth	20% still have the babies, but 5% lost their babies	25% have their babies	None	None
f. Sexually transmitted infection	All suffered STI	All suffered STI	All suffered STI	None	None

EXPOSURE TO SEXUAL VIOLENCE RECORD CARD
Reference No:............................ Locality:.....................................
Name:................................................................................................... Address.............................................................................Age:................... Sex:....................... Date of exposure:?......................
1. Why did you go to Guinea?..............................................
2. What was your job before you fled your home?.....................................
3. Where did you live at the time you were displaced - Home Camp 11
4. Were you sexually assaulted?................... Yes............... No...........
5. Were you abused?.................................. Yes.............. No ............

6. If yes, Can you relate your experiences during the time you were assaulted?
a. Single rape
b. Multiple rape
c. Used as Laborer - abductee
d. Used as Sex Slave.

7. a. Were you given drugs? Yes= No=
b. Were you used to commit atrocities yourself? Yes= No=
c. Did you get pregnant as a result of rape? Yes= No=
d. Did you have a baby? Yes= No=
e. If yes, Where is the baby?..........................................
f. Did you suffer from STI/STD Gonorrhoea, Syphilis, after rape Aids-others?.................................................................................

8. Were you traumatised after the incident?................. e.g. Weeping, loss of appetite, depression, loss of weight, rejection.
9. How has your general health been?.............................
10. How would you describe your state of mind since your displacement?

Reaction after encounter
They were all traumatised after the incidents resulting in various forms of after effects such as:

a) Depression, loss of appetite, loss of weight, weeping.

They all complained of bad feelings and completely demoralised. From the above analysis it is obvious the rape was committed with impunity and violence. This is also confirmed by the following excerpts from two of our Doctors report.

Quotation from medical reports
A. Western area -
55.4% of the abductees were raped and some of the girls were raped by one, two, three or even ten men. Two women particularly were raped by 15 and 30 rebels respectively. The former had only given birth to a baby two weeks before being raped. Both patients suffered from prolapse of the uterus (the womb descending out of the vagina). The former woman had a repair to replace the uterus in its proper position. The latter woman had a major degree of prolapse and therefore the uterus had to be taken out - (a total hysterectomy was done).

B. Southern province
Attached is a compilation of services rendered to Women returnees who were sexually abused during the war. The injuries seen were from small scars to big lower abdominal laparotomy wounds through which rebels traumatically opened the womb of a 5 month pregnant lady to remove the unborn child for fun. There is a dire need to surgically revisit this woman to correct any internal scars that may jeopardise her well being later. Other women had diseases, which we deem, fit to also correct surgically to avert complications.

These cold cases (not emergent) are not cared for by other NGOs delivering health. The quality of care rendered by FAWE for the limited number of women is frankly very enviable in camps of thousands.
We are of the opinion that a lot more of silent sufferers of Rape will surface for your help. We recommend where possible to extend your mandate numerically and consider victims who will need surgical procedure.

Most were also demoralised and were just managing, as there was no other means of consolation.

Conclusion/Recommendation
The plight of the women interviewed is a pathetic representation of the thousands of silent sufferers of rape who have still not yet been reached. FAWE hopes that the TRC would use the dramatic strides made to create public awareness of women traumatised as a result of the raping spree committed by the armed factions over the last ten years of civil conflict to publicise the horrors inflicted on women. We request the TRC to recommend the establishment of accessible counselling units throughout the country. Free medical, psychosocial and other assistance that would facilitate their return to normalcy within the Sierra Leone community should be made available and accessible.

Poverty Alleviation
Before the war girls and women were marginalized in the educational sector. Girls and women were not trained in certain skills that would alleviate poverty. Therefore it is recommended that girls and women be trained in income generating skills before giving them micro credit loans to alleviate poverty.

Poverty seems to intensify. Micro credit without entrepreneurial skills has become a waste of resources leaving the women to worry a lot when they couldn't pay back the loan. Most used the money to pay school fees for the children for a year, and found themselves back to square one when they can no longer pay back the loan and cannot continue to pay the fees for their children.

Employing authorities are to be encouraged to offer living wages to keep women on the job.

Male employers to be strongly advised to restrain from sexually harassing female workers.

Rape seems to be on the increase probably because of delayed justice and corrupt judicial system that tends to overturn justice.

Legal Reform
That the Legal machinery be capacitated to expedite the trial of rape cases in every Magistrate Court in the country.

National Sensitisation that a young girl's dignity takes precedence over family honour/dishonour in cases of domestic rape or incest.

Trauma-Addressing Units, manned by trained personnel be established in all Offices, Schools and Institutions across the country
That UNAMSIL personnel stop encouraging school age girls in the commercial sex trade especially in Freetown, Lungi, Port Loko and Kenema

Ministry of Youths and Sport to receive all support of every parent, especially those who attribute the misdemeanours of their children to so called "bad companions."

Ministry of Youth and Sport be assisted with funds to print adequate copies of the new Youth Policy for national distribution after it's launching. Since the implementation of that policy will be crucial to stemming the tide on the culture of violence our young people display both in and out of Educational Institutions.

Unedited Recommendations From Rape Victims And Their "Care-givers"
Public to be sensitised about acceptance of these victims in the communities.

They should be given some skills training support as to enable them become self reliant for a lifetime.

Provide start-off financial assistance.

Government and NGOs to provide medical assistance and screen them thoroughly against STDs (sexually transmitted diseases).

Free medical care to be offered to all rape victims with special care to those "gang raped".

Raped girls and women should be offered regular Guidance Counselling services.

The Government of Sierra Leone to provide free educational services from primary to tertiary level including the acquisition of tech/voc education or skills training. For those in skills training, start-off kits or micro-credit schemes to be provided in order to help them start life.

Individual families to encourage victims and expose them to social and recreational activities as a way of boosting their self-esteem and dignity.

Girls and women who were raped should be allowed to vent out their opinions to allow them recover from their traumatic experience.

Suitable institutions to be provided for them and under-aged girls to be encouraged to be enrolled in schools with special attention from Government and TRC.

A culture of tolerance for these violations is apparent.

Restore lost opportunities and provide more facilities for female education.

Financial compensation and support to neglected survivors of GBV.

Counselling Centres be established countrywide and Government to put mechanisms in place to ensure survivors safety and security after the public hearings.

Although individual benefit is never possible, the general benefit for all victims should reach them. Education, Medicals, Skills training Programs and micro-credit facilities.

Children of the rape and abused women should be giving special care in a way that mothers seeking their children's adoption to be allowed to share their views.

Continuous Counselling and Education on HIV & AIDS prevention and control.

Other areas not visited by TRC should be encouraged to support the public hearing.

The Situation of Women and Girl Child in Sierra Leone. - Pre-conflict, During Conflict and Post Conflict. Submission to the TRC Hearings on Women and Children May, 2003 from The Women's Forum (Sierra Leone)

Chairman and Commissioners of the TRC, sisters in the struggle for political, social and economic empowerment, ladies and gentlemen, this is an epoch-making event, one in which women are being given the opportunity to air their views and articulate their concerns. The Women's Forum (Sierra Leone) appreciates this move. Sierra Leonean women are optimistic that this time around decisive actions will be taken to enable women to walk with pride and participate fully at the highest levels of politics and public service without fear or harassment that their desire to live in a country where every woman is safe from all forms of abuse, all forms of violence including rape, sexual and other forms of abuse will become a reality.

The situation of Women and Girls 1961 -1991
During the period under review, Sierra Leone became an independent state (1961), had its first military coup and counter coup 1967 - 1968, became a one party state (1978), a republican state in 1971, and hosted the OAU Conference in 1980. it is worthy to note that the years 1961 -- 199! were characterized by bad governance which also had repercussions for women and girls.

Women and Girls occupied backstage positions in development issues. Male patriarchy and entrenched cultural beliefs persisted to the extent that women who form,50% of the population continued to languish in silence while their male counterparts exercised `power over' them 'and forged ahead. Sad to say, the law did not offer much to women even though constitutional provision existed for the protection of every citizen. This is not say that there were no women actors on the stage. For example the late Mrs. Constance Cummings-John and Madam Ella Koblo Gulama played active roles in local and national government. Quite apart from these, women were given positions as Mammy Queens primarily for the purpose of mobilizing their compatriots for action. However their activities did not yield much on two counts; firstly there were very few women in the forefront so the much desired `critical mass of women leaders who would have made a difference was no-existent; secondly, most of the women brought into the fold, especially the `mammy queens' were relegated to positions of praise singers, `ashoebi clad` women dancing to the tune of male politicians who formed a big majority. Women in those times were not adequately equipped and/or sensitized to challenge the structures that suppressed them.

Some of the reasons for this scenario include:
1. There was a great disparity between men and women in education. The adult literacy rate for women was low. Fewer girls attended school and there were high drop out rates among those who attended school. Those who completed schooling took on traditional women's occupations i.e. teaching nursing and sewing. Very few attended university which put them at a disadvantage to occupy high decision-making positions. Thus they could not participate actively in public life. Besides, there was inadequate sex-disaggregated data which would have highlighted the true plight of women and girls.

In the economic sector, men had greater access as they had control of the cash crop production while women were engaged in subsistence farming. In the informal sector there was gender stereotyping as men were given greater opportunity to engage in more lucrative occupations such as carpentry, masonry, auto mechanics etc; women were left to pursue low income activities such as soap-making and petty trading, which were mainly carried out by individuals and not groups with hardly any leadership and management skills acquired. In the 1988/89 Labour Force Survey, 69% of petty traders were women whereas 86% of service workers were men and 67% of professional technical workers were also men. Women could not make meaningful strides in economic activities because of inadequate skills, knowledge and lack of access to substantial credit facilities and property. Besides, market women often operated in poor sanitary environment where conditions were not conducive for more enterprising business. When it came to marketing their goods, women suffered hardships in terms of high transportation costs, poor road networks and inadequate transportation facilities. With all of these disadvantages, women still laboured under the strains of cooking, washing, fetching water and wood caring for the home and lack of resources to rise above acute poverty levels.

In the health sector, women and girls experienced difficulties, especially in the rural areas. They lacked access to medical facilities and reproductive health facilities; these, coupled with malnutrition, contributed to high maternal mortality rates.

To crown it all, legal impediments put women `on the spot' they could not own land, neither property; widows were evicted from their homes by relatives mainly because of the perpetration of customary law. There was also no minimum age for marriage and so young girls could be married off without their consent; they were also exposed to sexual abuse at early ages.

From the foregoing, it is clear that in the thirty years following independence, women suffered from discrimination at various levels; their rights were violated even though the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAV) had been adopted by the UN in 1979 and the Convention on the Rights of Children (CRC) came into force in 1990; the Sierra Leone Government is a signatory to both documents. Even though efforts to address women's issues from an institutional standpoint gained momentum in 1988 when the Women's Bureau was established in the Ministry of Rural Development, Social Services and Youth at the time, not much was done to address strategic gender needs of women.

2. 1991-1999
In 1991, the rebel war erupted in Bomaru, Eastern Sierra Leone. Many reasons have been advanced for the cause of the war, chief of which are the long years of bad governance. Whatever the reason(s), it is clear that the war impacted negatively on women and girls.

During the war women and girls in Sierra Leone bore the brunt of the atrocities committed by all factions of the war. Evidence abounds of the indignities suffered by women and girls.

In its annual report 2000The Campaign For Good Governance documented several instances on which `women and girls were reportedly gang raped for days on end, brutally raped , kept in sexual servitude, abducted and terrorized'.

In a Human Rights Watch release on `Sexual Violence within the Sierra Leone conflict', reports are made about the `widespread and systematic sexual violence against women and girls including individual and gang rape, sexual assault with objects such as firewood, umbrellas and sticks, and sexual slavery. In thousands of cases, sexual violence has been followed by the abduction of women and girls and forced bondage to male combatants in slavery like conditions often accompanied by forced labour. FAWE has documented many incidents of rape and sexual assault against women. In the report presented at the Sierra Leone National Workshop on Women and Men in Partnership (2001) it is reported among other things that 55.4% of survivors i.e. those during the January 6'h 1999 invasion of Freetown had been raped. Some children even witnessed their mothers being raped and gunned down. A total of 2,350 survivors were registered between March 1999 - 2000 under FAWE's Rape Victims programme.

In a study conducted by Women's Forum among returnees - in transit in Loko Masama Chiefdom in 2001, out of 113 respondents, 36.3 of the sample had suffered multiple rape, while 42.5% were given drugs; 23.9% engaged in combat. 78.8% of the sample reported that they had contracted sexually transmitted diseases after being abused. In fact 61.9% of these did not receive immediate medical attention after contracting the disease.

The issues of sexual assault and rape are crucial in determining the future of women and girls in Sierra Leone as this is a gross violation of fundamental human rights and when committed during war is a grave breach of humanitarian law. Culturally this was the limit any African woman could endure especially as middle age women were raped by boys as young as eleven years and in public; even fathers were forced to watch while their wives and daughters were raped.

Chairman, Commissioners, Sisters, Ladies and Gentlemen, may I ask WHY? Why defile the dignity of women and girls? Where is justice? We the women are crying for justice. Do something to restore our dignity. Victims of rape and other sexual abuses are needing support, psychosocial, economic, medical and legal. What does society have to offer to the babies born as a result of sexual abuse and rapes, especially those abandoned by their mothers.

Specific effects of the war on women and girls were also seen in the following:

1. Abductions of girls and women countrywide e.g. In 1995, hundreds of school children were abducted in Kambia the majority of whom were girls. To date the fate of most of these girls is still unknown.

2. During the August 18, 1997 students' demonstration in Freetown, a number of female students were arrested and detained unlawfully. It is said that many of them were raped.

3. Widespread displacement and refugee status. It is said that women formed over 70% of this category of people in the camps.

Camp life proved difficult for women in particular; they had to care for their children with scant resources; displaced women in Kenema expressed concern about their inability to control their girl children in particular because they could not provide their basic needs.

In the camps, women were deterred from participating in project activities aimed at economic empowerment. Also women were discouraged or sometimes violated by their male partners/husbands in order to prevent them from taking up positions on camp committees or voting. Some of them were denied rations until they could offer sexual favours.

The issue of prostitution became a cause for concern and also heightened the incidence of STI's/STDs and HIV/AIDS.
Women who had joined forces with their husbands and male partners to provide for their families in the camps were able to participate in decision-making at the domestic level but upon their return home, their husbands told them categorically that their decision-making roles could no longer be tolerated/accommodated.

In cases of single parents, women assumed positions of heads of households without adequate skills. This posed a big problem for them.

With regard to the education of girls, their schooling was disrupted in rebel occupied areas and in the case of Freetown, schools closed down during the AFRC junta regime from May 1997 to February 1998. Most of these girls never went back to school when conditions became normal as they had either become pregnant or taken to the streets.
Market women lost their ware and capital due to sustained looting by combatants. In the agricultural sector, women who participate in 62% of agricultural activities were unable to continue as the country side was unsafe. "Credit loan schemes for female farmers and small scale female entrepreneurs were suspended because of the war thus depriving women of the opportunities necessary to facilitate their economic independence and empowerment". (The Situation of Women and Children in Sierra Leone 1999).

The war was brought to an end through a series of negotiations leading to the. signing of the Lome Peace Agreement. It is worthy to mention that very few women participated in these talks. Also article 28 of the Lome Agreement which made provision for promoting the welfare and specific needs of women and children has still not been implemented.

Women have not only been victims of the war. A tiny minority were also perpetrators. Most of these claim that they were forced to commit atrocities such as burning of houses and property, looting and assault. Others provided support for combatants as girlfriends, suppliers of food items, vendors of looted goods and trafficking of drugs and small arms as well as serving as intelligence agents.

During this period, women tried to mobilize and make their voices heard in spite of the odds. The Women's Forum was formed in 1994; women attended international conference in Dakar, Beijing and Ethiopia to name a few and here they cried aloud for peace. At home, a Peace March was held in 1994 to call for cessation of hostilities. They played active roles in Bintumani I & II Consultative Conferences and were instrumental in returning the country to civilian rule of which the highlight was the 1996 elections and the restoration of the democratically elected government. In 1997 the AFRC coup took place and many women fled to neigbhouring countries and to displaced camps. They returned in 1998 to continue the struggle. Let me take this opportunity to recognize the efforts of those women who continued to work for women's empowerment even while in exile and even those who stayed on in the country to watch their homes destroyed by fire and other atrocities committed.

Also recognition should be given to the UNHCR and other NGOs who supported women and girls particularly through provision of psychosocial counseling and other basic needs.

At this point, Chairman, Commissioners, sisters, ladies and gentlemen, may I humbly ask that we all rise and observe a minute's silence in memory of all those women who lost their live during the war............ May their souls rest in peace and may light perpetual shine on them.
c. Post War Period - 2000 and Beyond Impact of the War and Lessons learned. Women and girls have continued in their struggle to gain social, political and economic empowerment. The UNHCR, NACSA and other NGOs have facilitated the return of displaced and refugee women and girls to their original homes. The entire nation is in the process of reconstruction and rehabilitation. The President declared at the Symbolic Arms Destruction Ceremony in Lungi in 2000 that `de war don don'. In terms of cessation of hostilities, combatants have been disarmed. Chairman, Commissioners, Sisters, ladies and gentlemen, may I ask, to what extent have we gone to disarm our minds and reorient our attitudes towards doing things that would accord every man and woman their just rights?

One major consolation for women and girls is that although social and cultural attitudes regarding the status of women persist, the war has opened up opportunities for the reconstruction and renegotiation of gender relations. Women are now being called upon to mobilize, build their confidence and self-esteem in order to take advantage of the opportunities available. The problem is that even in cases where structures have been created for women to participate as equals, there is still some reluctance as women do not feel they are adequately equipped with relevant stills, support of their men and social systems to combine productive and reproductive roles.

Women still lack the political capacity to effect change; at present there are only 3 women ministers, 3 Deputy Ministers and 16 Women Parliamentarians, there is no woman Paramount Chief in the North. Quite apart from this, women need to rise above mere voting at elections; they should follow up the process well after the lections results have been declared. As long as women continue to be satisfied with half measures the problems we have lived with over the years will remain unsolved. Even though we failed to achieve the 50% representation in parliament, we still press for 30% representation in this up coming local elections.

Specific problems that are still with us and which need urgent attention include: Rampant indiscipline in society and breakdown of the moral fabric of society.

-Increased use of drugs.
-Many street children.
-Rise in teenage pregnancy
-Women are still deprived of basic facilities, especially in the rural areas - inadequate shelter, lack of safe drinking water, food security, lack of access to information about health care and health facilities including reproductive health care.
-Rampant rape involving religious leaders, Policemen, Teachers, Elderly men perpetrated against very young children and girls. Stiff penalties are required to serve as a deterrent. Parents should support law enforcement agencies and not accept money from perpetrators.
-Returnees , the majority of whom are women, are facing situations of extreme poverty and deprivation.
-Rise in the HIV/AIDS pandemic (4.9%).
-Many single teenage abductees or girl mothers who have returned face pregnancy, child birth, social isolation, stigma and trauma on their own at a young and vulnerable age.
-Breakdown of the family unit and moral values and the rise in prostitution.
-Increased number of school children and too few school spaces, also the need to grapple with the problem of quality education, within the context of the 6-3-3-4 education system, free education, and the call for quality basic education for all by the year 2015.
-Finally there are a good number of vocational centers for girls country wide. These girls need support at the end of their training to practise the skills acquired.

Post-War Initiatives
Chairman, Commissioners, Sisters, Ladies and Gentlemen, let me end the presentation by highlighting some initiatives put in place for moving the process of the empowerment of women and girls forward.

- Formulation of the National Policies on Gender Mainstreaming and the Advancement of women, by the Ministry of Social Welfare, Gender and Children's Affairs.
- Consultative meetings held by the Women' Forum to discuss issues relating to aspects of the Sierra Leone Constitution which discriminate against women especially with regard to Inheritance, Adaptation and Marriage.
- Publication of the Women's manifesto by the 50/50 group to articulate concerns about the status of women.
- Formation of the Women Task Force For Human Rights who are collaborating with other women's groups to ensure that the issue of sexual and gender violence is given prominence by the Special Court.
-Series of Peace Building, Conflict Prevention, Management and Resolution Workshops and psychosocial services organized by various women's organizations and NGOs.
- Addressing issues of poverty and lack of access to resources through micro credit schemes by SAPA and other NGO's.
- Formation of Women's Helpline and the Family Support Unit of the Sierra Leone Police Force for victims of Sexual and Gender Violence.
- Formation of the Mano River Women's Peace Network (MAWOPNET) whose main aim is to build the capacity of women in the sub-region for more active participation in peace building processes and to promote their economic empowerment.
Chairman Commissioners, Sisters, Ladies and Gentlemen this is our story. At this point let me reiterate that the women are optimistic and have every confidence in the Truth and Reconciliation Commission that their report will contain forthright recommendations geared towards ensuring parity of esteem for women and girls and eradicating sexual and gender violence against women at all levels. You will yourselves deduce from this presentation all that needs to be done. In sum we want justice, the law should protect us, our human rights should be recognized and practicalized, we should he given opportunities to participate in mainstream development, cultural barriers impeding the progress of women should be removed; we need the help of all including the traditional authorities to enable us take our rightful place beside our men.

Women, come out, this is our chance. The tide is flowing, let us not allow it to ebb without us achieving our goals. Come on, join in the harvest for the labourers are too few to make a difference. Chairman, Commissioners, will you keep your promise to the women and girls?

Think on these things.

Once more I thank you for the invitation extended to the Women's Forum to add our voice to the debate on the situation of women and girls in Sierra Leone.

References
1. Survey Report on the Status of Women and Children in Sierra Leone at the End of the Decade - House hold Survey Report. Ministry of Development and Economic Planning Government of Sierra Leone November 2000
2. Human Development Report 2002 UNDP, 2002
3. New Education Policy For Sierra Leone Department of Education, July, 1995.
4. National Policies on Gender Mainstreaming and The Advancement of Women Ministry of Social Welfare, Gender and Children's Affairs 2000
5. The Women's Manifesto 50/50 Group 2001
6. Situation Analysis of Women and Children in Sierra Leone
- Government of Sierra Leone in collaboration with UNICEF, UNFPA, CCF and Plan International April 1999.
9. Selected Reports from, various Women's Organizations.

WOMEN'S FORUM (SIERRA LEONE) {Network of Women's Organizations/NGOs/Associations/Groups}
23 Pademba Road,
Freetown

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

28 February 2003.

M. Ozonnia Ojielo
Head, Information Management Unit,
The Truth and Reconciliation Commission,
Block A, Brookfields Hotel
Jomo Kenyatta Road
New England
Freetown.

Dear Sir/Madam,

RE: SUBMISSION TO THE COMMISSION

We write to acknowledge receipt of your correspondence ref: (TRC/M00/20) of 6th February, 2003 on the above and note your concerns.

Please find attached an attempt to clarify the issues raised. Further information will be supplied if the need arises.

May I thank you for seeking our views on pertinent matters relating to the advancement of women.

Yours sincerely

Rosaline M'Carthy
Task Force Chairperson Women's Forum - Sierra Leone.

ADITIONAL INPUT TO THE TRUTH AND RECONCILIATION COMMISSION (TRC) FROM THE WOMEN'S FORUM

1.0 Women's Rights in Sierra Leone.

1.1. Background:

The issue of women's rights in Sierra Leone is an age old problem which needs to be addressed if women who form 52% of the population should play an active role in promoting sustainable peace in post-war Sierra Leone. Even before the war women's rights had been violated in various spheres of life which has led to discrimination and low socio-economic status. It is worthy to note that this situation had been exacerbated by the war.

Contributory factors to this scenario can be traced to traditional, cultural and religious norms, low level of literacy among women, male chauvinism, unfavourable laws upheld by the pluralistic legal system and a seeming reluctance on the part of the authorities to institute a comprehensive system of legal reform to promote the status of women and equality of women and men.

At present, there exists inherent inconsistencies between the national legal framework and those of international conventions, (e.g. CEDAW declarations and pronouncements).

1.2. Specific Violation of Women's Human Rights: These stem from the following:

1. General Law - which is defined in the Local Courts Act No.2 of
1963 Laws of Sierra Leone except in so far as they are concerned with Customary Law'.

2. Customary Law - this is largely unwritten and refers to laws governing the various ethnic groups in the country except the Creoles and varies from locality to locality.

3. Muslim Law - which governs people of the Muslim faith.

4. Family Law - the right available to a woman during and after marriage depend upon which form of marriage was contracted.
The Christian Marriage Act and the Civil Marriage Act apply to marriages contracted under the General Law and these are monogamous in nature.

Marriages under Customary Law and Muslim Law are polygamous in nature. The former type of marriage is by far the type of marriage that discriminates most against women and this is the marriage contracted by the majority of women in Sierra Leone.
The above pluralistic system causes confusion and contributes in no small measure to denial of women of their equal opportunities not only in regard to their male colleagues but also as against their female counterparts living in different regions of Sierra Leone or governed by different traditions and customs.
It is significant to note that Women in Sierra Leone suffer serious setbacks in the human rights movement because of the little recognition given to the role and worth of a woman in her community and country as a whole. Generally speaking the traditional role of women is regarded as inferior to that of the man notwithstanding the fact that in peace time or even in times of conflict she plays a significant role as a mother, farmer, gardener and in most cases during the war, becomes the sole breadwinner of the family.

Issues emanating from the above relate to maintenance of spouse (not bound to maintain his wife), age limit for marriage, divorce, dowry inheritance and custody of children. In most cases, a woman who contracts a marriage under General and Civil Law is thought to be in a better position, even where the law discriminates against women especially if the husbands dies intestate. Infact if a women dies intestate the whole of her estate goes to her husband whereas in the case of a husband who dies intestate leaving children only one third of his estate goes to his wife. In case of cohabitation, the law does not protect the woman if the male partner dies leaving property.

To sum up, section 27 of the Constitution of Sierra Leone Act No.B of 1991 has serious implications in respect of discrimination against women in Sierra Leone. This Act, even though in section 27(1) guaranties equality before the law and equal protection of the law to all without discrimination, does not protect women in matters relating to marriage, divorce, adoption, burial or devolution of property on death. Thus it states in section 27(4) that subsection 29(1) shall not apply to any law in so far as that law makes provision as stated under 27(4d) and 27(4e). The conditions represented in the provisions show clearly blatant perpetration of gender bias against women, in precisely those areas where women most need protection and in respect of which they have continue to suffer from systemic gender discrimination.

1.3. Areas for Legal Reform and Timely Action:

- Harmonization of the General Law, Customary Law and
Muslim Law in order to cater for women from all walks of life irrespective of their religion, socio-economic status, cultural origins and literacy status, to enable them enjoy their basic human rights e.g. law relating to inheritance (Cap.45 gives the mandate to a man to inherit all the property of his wife at her death if she leaves no will'. Cap.96 of the Muslim marriage Act of 1905 makes no clear provision for Muslim women who divorce their husbands and the 1888 married Women's Maintenance Act.

Government should implement the provisions of the U.N. Convention on the Elimination of Discrimination Against Women (CEDAW 1981). The Protocol To The African Charter On Human and Peoples' Rights on the Rights of Women in Africa and other human rights declarations/treaties. Government is to institute mechanisms for the adaptation of these provisions into General National Laws.

Government should fulfill its obligations of sending regular reports on the efforts to implement CEDAW as prescribed. It should as a matter of urgency put mechanism in place to submit its first report which is outstanding since 1983.

Government should enact and implement various acts to eradicate the incidence of rape, domestic, sexual and gender violence. Stiff penalties should be given to perpetrators of rape in particular to serve as a deterrent.

Public Awareness Campaigns should be mounted among civil society, especially women, about actions to be taken to report cases of violations and support the authorities to prosecute such offenders.

Advocate for the elimination of socio-cultural and traditional barriers that hinder the active participation of women in local and national governance. Section 27(l) of the Constitution of Sierra Leone merely pays lip service to the guaranteeing of equal protection of the law to all without any discrimination. Since Section 27 (4) in its purport infringes on the rights of women to equality and protection before the law, it ought to be removed from the constitution. The human rights of all women, as guaranteed in Section 15, chapter 3. Act No.6 of the 1991 Sierra Leone Constitution need to be ensured.

Moves should be made to support the education of the girl child especially in view of the EFA goal of providing quality basic education for all by the year 2015.

The provisions of the Lome Peace Agreement (1999) should be implemented fully especially Article 28 which caters for the welfare of women and vulnerable groups in society. In particular to respond effectively to needs (medical, psychosocial/rights of female survival of sexual violence).

The National Policies on Gender Mainstreaming, the Advancement of Women and the Beijing Platform for Action (1995) should be implemented with regard to priority areas of concern in which gender balance in Power and DecisionMaking, Economic Empowerment, Media and Communication, the Management of the Environment and the Situation of the Girl Child is addressed.

The Women's Forum (Sierra Leone) to implement its strategic plan (2002 - 2007) in identified areas - Sustainable Peace, Human Rights of Women and Capacity Building. It should seek support from agencies which give women's assistance in the field of Human Rights, Women's Rights and Peace Building and Conflict Resolution.

Support women's sensitization and other initiatives on the dangers of small arms in the West African sub-region. Women's Forum, with support, to intensify and sustain advocacy work on women's inheritance rights, and other area of family law.

Take action to put in place mechanisms for implementing U.N. Resolution 1325 (2000) on Women, Peace and Security in which "all actors involved in negotiating and implementing peace agreements to adopt a gender perspective that would take into account the special needs of women and girls during repatriation, resettlement, reintegration and post-conflict reconstruction; as well as putting in place measures that support local women's peace initiatives and indigenous processes for conflict resolution and involve women in all of the implementation mechanisms of the peace agreements".

Experiences of Women and Girls During the War:
Women and girls suffered untold misery, molestation, deprivation and severe trauma during the war. Specific examples relate primarily to sexual and gender based violence

- high incidence of rape and sexual assault
- Abductions especially among girls of school going age
- Some women abductees are still in sexual slavery
- Forced prostitution and unwanted pregnancies
- High levels of displacement and refugee status
- Severe deprivation as a result of looting, depletion of resources, damage to life and property, arson and killings (especially among husbands, sons and other male relatives) as a result of which they were catapulted into assuming positions of heads of households for which some of them were ill equipped.
- The splitting open of the abdomen of pregnant women to ascertain the fetus.

The women's Forum conducted a survey in Lokomasama Chiefdom and participated in registration of returnees in the Grafton Area in 2001. Figures reveal that about 75% of women in this category had been raped. This brings to the fore the high incidence of HIV/AIDS and sexually transmitted diseases (STDs) prevalent among such women. The issue of support for victims of such violations was also brought up.

WOMEN'S FORUM (SIERRA LEONE)
(Network of Women's Organizations/NGOs/associations/ Groups)
23 Pademba Road,
Freetown

Email: This email address is being protected from spambots. You need JavaScript enabled to view it. Tel: 232 22 221540
31st January 2003.
The Office Manager
Truth & Reconciliation Commission
114, Pademba Road
Freetown.

Dear Sir/Madam,

SUBMISSIONS TO TRUTH AND RECONCILIATION COMMISSION

I forward recommendations on the causes of the conflict in Sierra Leone and how it can be avoided the future, as requested by you're the Truth and Reconciliation Commission.

Thanking you in advance.
Yours faithfully

Rosaline M'Carthy
Task Force - Chairperson

WOMEN'S FORUM SUBMISSION TO THE TRUTH AND
RECONCILIATION COMMISSION
1. Causes of the Conflict

Decades of bad governance
One Party rule and its nature and characteristics of:
violence, corruption, nepotism, tribalism, thuggery, absence of free and fair elections
corrupt judiciary and high levels of injustice
Socioeconomic decline
High unemployment, high cost of living failure of the formal school system, poor health and social services
absence of technical, vocational education
Existence of disenchanted who youth became easy recruits of the rebel force
army not professional - reflected in poor leadership and disloyalty
a ill-motivated public servants characterised by greedy and selfish
a High level of illiteracy resulting in lack of understanding key issues pertaining to development in the country
Inequitable distribution of countries resources

2. The Roles of Actors, Institutions and Countries
1. In perpetuating the conflict and atrocities

Certain countries in the sub-region and beyond including Liberia, Burkina Faso, Libya, Ivory Coast, France and Ukraine, helped fuel the war by providing arms and ammunition, and mercenaries to fight in Sierra Leone in exchange for the country's rich mineral resources
Disloyal soldiers who joined the rebels forces "sobels" forces and participated in the looting, killing and maiming of civilians
Civilian rebel collaborators that aided and abetted rebels
Although their role was to protect civilians some ECOMOG soldiers and the Kamajor milita were also involved in looting and inflicting atrocities on civilians

2. In resolving the conflict

ECOWAS, ECOMOG, UNOMSIL/UNAMSIL and other international bodies played a critical role in brokering peace between the waring fractions as well as providing military backup to the Sierra Leone Army
The British government intervened with decisive military action to rid Sierra Leone of the junta regime
Civil Society
Inter-Religious Council played a role in mediation and intercession
Various NGOs including the Women's Forum and other Civil Society groups played roles, in the areas of conflict resolution, reconciliation, peace building
Humanitarian Assistance
The UN System, friendly governments and international NGOs played a role in providing humanitarian assistance, to displaced, refugee, returnee and other vulnerable groups affected by the conflict.

3. Recommendation in regard to how a repetition of the conflict can be avoided

Practice of true democracy/good governance - minimize corruption
Massive civic education campaign - empower NCDHR and civil society groups to education on their rights and civic responsibilities
Proper dissemination of information in maintaining human rights
Ensure that internal security is strengthened and control of the flow of small arms
Promote education - both formal and non-formal and encourage the establishment of more vocational training centers
Empowerment of youth and women through education and access to income generating activities
Improve on the provision of social service by rebuilding the educational and health sectors
Revamp the economy
Halt diamond smuggling and institute proper mechanisms whereby the mineral wealth of the country can be better utilized to the benefit of the entire citizenry
Practice of transparency and accountability in public sector appointments, promotions and budget management
a Building of loyal, tribal balanced and educated police and military force
a Rebuilding the legal system and ensuring neural and independent judiciary
a Free independent press - spread of information services to all parts of Sierra Leone

4. How victims may be assisted to overcome their suffering and their dignity restored

All categories of victims - amputees, orphans, women, children and elders should be provided with medical assistance and other
relevant social services to ensure that they live on their own with sustained and participatory governance
Enabling victims to develop their capacities, through skills training, employment and other financial assistance
Implementation of the relevant sections for the Lome Peace Agreement especially with regard to setting up a Trust Fund for victims
Scholarships for victims children
Proper counselling and follow-up service should be provided to victims of rape and suffering of other atrocities

5. How perpetrators may be reintegrated into the society in order that the nation may be healed and this society rebuilt

Sensitization of community through the media, massive civic education, multisectoral approach - religious, social, professional bodies, NGOs and Government
Should be regularly counselled on the significance of peaceful coexistence
Their capacities should be developed through skills training programmes
Involve perpetrators in recreational activities
Teach perpetrators basic literacy, numeracy and peace building skills
Counsel our children to understand the plight of and how to interact positively with perpetrators
Sensitize and assure perpetrators by the evidence of God's word that God can forgive them

30^th January, 2003

SUBMISSION BY THE WOMEN NGOs COLLABORATION TO THE TRUTH AND RECONCILIATION COMMISSION, SIERRA LEONE
MAY 2003

Read by: Mrs. Hannah

Women's Desk

Methodist Churches Sierra Leone

The Women's NGOs collaboration submission was drafted by the following members:

1. Forum for African Women Educationalists, Sierra Leone chapter (FAWE)
2. Methodist Church Sierra Leone
3. Action Aid Sierra Leone
4. Lawyers Centre for Legal Assistance
5. Council of Churches in Sierra Leone
6. Women's Forum
7. Society for Women and AIDS in Africa, Sierra Leone branch (SWAASL)
8. The Ministry of Social Welfare, Gender and Children's Affairs collaborated fully with the NGOs.

The Women's NGOs Collaboration for TRC came together as an urgent need to create a conducive environment for women and girls to testify before the TRC and to give the necessary support to the TRC and women witnesses to achieve this objective.

The Women's NGOs Collaboration also wants to ensure that the experiences and needs of women victims and women in general are reflected in the reports and recommendations of the Commission.

This submission is made out of our collaboration in addition to individual submissions made by some members of the collaboration within their individual mandate, to ensure that areas not covered within our respective areas of work are brought to the attention of the Commission.

IMPACT OF THE WAR ON THE HEALTH STATUS OF WOMEN IN SIERRA LEONE

Women have the right to the enjoyment of the highest attainable standard of physical and mental health. The enjoyment of this right is vital and their life attainable Standard of physical and mental health. The enjoyment of this right is vital to their life and well-being and their ability to participate in, all areas of public and private life. Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Women's health involves their emotional, social and physical well-being and is determined by the social, political, cultural and economic context of their lives, as well as by biology'.

Bearing in mind the above definition, reproductive health rights embrace certain human rights that are already recognized in national laws, international human rights documents and other consensus documents. Many of these rights are reflected in existing International human rights instruments, in particular the Covenant on Economic, Social and Cultural Rights and the Covenant on Civil and Political Rights (ICCPR) as well as in the Convention against Torture and Other Cruel Inhuman and Degrading Treatment or Punishment (CAT) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

The Truth and Reconciliation Commission ("TRC") has an important historic opportunity to fully examine and record the crimes of sexual violence that are inflicted against Sierra Leonean women during the conflict. It cannot ignore violations of economic, social, and cultural rights and still fulfill its mandate under the law.

War related violence in Sierra Leone has resulted in unimaginable health consequences for women. Further, they have also had psychological and economic implications for individual women, family, community and the entire nation at large.

This submission also draws upon Sierra Leone's constitutional law and international human rights law to show how some violations of women's health rights constitute ill and of themselves severe ill treatment, and thus are violations that TRC must acknowledge.

Last but not least, we appeal to the TRC to ensure that their recommendations to the Sierra Leonean government and the international community take into consideration the particular health needs of the women survivors.

1. GENERAL HEALTH STATUS OF WOMEN
World Health Organistion (WHO) defines health as a status of complete physical, mental and social welfare and not merely the absence of disease or infirmity. The health status of a country is generally determined by the health of the women and children who have special health needs. Thus programmes an maternal and child health, safe motherhood, primary health care and other health related fields such as HIV/AIDS are recognised by various national and international non- governmental organisations and donor agencies as impacting directly on women's health. The section on women and health, one of the most controversial topics in Beijing, was ground breaking as it included reproductive and sexual health and rights."

The WHO found an alarming high prevalence rate of HIV/AIDS amongst Sierra Leone Army Soldiers. Some sexual violence victims are sure to have been infected by the virus, given that the probability of the transmission of HIV and other sexually transmitted diseases is greatly increased greatly during violent sex. The existing health services for women in Sierra Leone have always being inadequate, expensive and inaccessible to especially rural women. In national and international forums, women have emphasized that to attain optimal health throughout the life cycle, equality, including the sharing of family responsibilities, development and peace are necessary conditions. Women's health is also affected by gender bias in the health system and by the provision of inadequate and inappropriate medical services to women.

Sierra Leone records one of the highest maternal mortality of 1,800 deaths per 100,000 live births. Frequent pregnancies and childbirths; unsafe abortion and sexually transmitted infections (STI), physical abuse, malnutrition and poverty are responsible for the majority of maternal deaths. Due to long hours of daily work, women also bear a lot of stress that contributes to their poor health status.

2. Access to Health
Women have different and unequal access to use of basic health resources, including primary health services for the prevention and treatment of childhood disease, malnutrition, anaemia, diarrhea disease, communicable diseases, malaria and other tropical diseases and tuberculosis, among others. Women also have different and unequal opportunities for the protection, promotion and maintenance of their health. In many developing countries, the lack of emergency obstetric services is also of particular concern.

In Sierra Leone like in many countries, especially developing countries, a decrease in public health spending and, in some cases, structural adjustment, contribute to the deterioration of public health systems. In addition, privatization of health-care systems without appropriate guarantees of universal access to affordable health care further reduces health-care availability. The backbone of any effective health care system is the facilities and the medical personnel. T he war further degenerated the health care system in Sierra Leone. Noting that health was a luxury to a majority of women before the onset of the war, it is appalling to learn,that was from 1991 to 1999, access to adequate health care services was relatively inadequate. The level of rebel activities in specific administrative areas determined to a large extent women's access to health care. By 1997, only 70 per cent of all health facilities were functioning. The rest were looted, damaged, burnt down or abandoned as a result of the war. Community Health Posts Maternal and Child Health Posts that sexual and reproductive health to women were hardest hit. It is said that 55 per cent and 63 per cent respectively of these facilities were currently functioning by 1997. These were further rendered dysfunctional in 1998 and 1999 when rebel activities intensified.. Diseases, suffering and death are associated with all armed conflicts because of the lack of adequate health care during and immediately after the war.

It is therefore indisputable that the already poor health stealth of women was severely hampered during this period. This situation not only directly affected the health of girls and women, but also placed disproportionate responsibilities on women, whose multiple roles, including their roles within the family and the community, were often not acknowledged; hence they did not receive the necessary social, psychological and economic support. Good health is essential to leading a productive and fulfilling life, and the right of all women to control all aspects of their health, in particular their own fertility, is basic to their empowerment. Sierra Leone women's right to the enjoyment of the highest standard of health must be secured throughout the whole life cycle in equality with men.

II. HEALTH STATUS OF WOMEN DURING THE WAR

Women are victims of general violence and lack of health care that all categories of population in situations of conflict suffer. However women's reproductive and sexual health and their social status ascribed by virtue of their gender place them at relatively disadvantaged situations during conflict. The culture of violence against women and children was used as a weapon of war. With the onset of the rebel war violence against women became more open and less private. Thus women and girls faced severe health risks and problems associated with these brutal and horrendous acts of violence that they were forced to experience. These took the form of physical and psychological violence. Physical violence bore directly on individual women's health and their families. Indirect physical violence had to do with acts of rendering existing health facilities dysfunctional and non beneficial to women. Psychological violence relates to acts that will dehumanise individual women, families and whole communities. It was and is always a consequence of direct physical violence.

(a) Physical Assault
During the civil war, women as well as men endured very horrific experiences and were subjected to diverse forms of torture and assault. These phenomena affect all categories of people targeting them sometimes indiscriminately and some times deliberately. However, while we acknowledge that men and women may have had some similar experiences of abuses, it is very important to our history to recognise that they also experienced the war in different ways. Women endured specific forms of violence as a manifestation of the gender relationship and unequal power relations between women and men. These Violations targeted women's femininity and sexuality.
Women were subjected and made objects of physical abuse. These ranged from beatings, injuries, amputations, forced labour, sexual violence including rape and forced marriages. In a study by Physician:s for Human Rights conducted in displaced camps, virtually all households randomly surveyed in a 2001 reported at least one person having suffered abuses in the past ten years. These abuses include abduction, beatings, killings rape and other forms of sexual violence, forced labour, gunshot wounds, serious injuries and amputations (PHR 2001).

(b) Physical Torture
The number of war-related deaths in Sierra Leone cannot be ascertained. However it is assumed that more men than women may have died directly from the war. This is because the majority of men were conscripted into the armed forces. For women who were killed, they were first sexually brutalised in the presence of their family particularly their spouses.

Women were used as object for sadistic fantasies. One of the most gruesome but isolated forms of abuse was committed against mothers and pregnant women. Targetting this category of women symbolises attack on motherhood, a much valued social status of women in traditional societies like Sierra Leone. It is also used as a weapon of war to demoralise and dehumanise families and communities. Such brutal acts involved for example disembowelling pregnant women in the presence of family and sometimes community members that result in almost all the cases in the death of the women and the babies. The perpetrators, in their own words, committed such horrendous acts, because they were desirous of knowing the sex of babies before delivery. Some of these acts were committed on bets. These acts of terror were used as weapons of war. Babies were also hacked to death. Some were even pounded alive in mortars into pulp.

A woman narrates a horrible scene.

"...They were snatching babies and infants from their mother's arms and tossing them in the air. The babies would free fall to their deaths. At other times they would also chop them from the
back of their heads to kill them, you know like you do when you slaughter chickens.... One time we came across two pregnant women. They tied the women down with their legs eagle-spread and took a sharpened stick and jabbed them inside their wombs until the babies came out on the stick. "

(c) War Wounds and Amputations
As a country we now have to live with the painful and unpleasant history of amputations, a brutal and horrific act of violence and torture. Though amputations were feature of the war since 1991, unprecedented incidence of amputations occurred during the three-week occupation of the city by RUF and AFRC in the January1999. It was during this period that the almost all of the amputees in the amputee camp lost their limbs. Other survivors have ended up with a lost limb as a consequent of gun shot wound/injury that could not be treated immediately after sustaining the injury.

Amputations include single and double amputee of the arms and legs and of varying degrees ranging from the ankle, knee and above the knee for those who lost their legs. From the arms, amputations range from the elbow above the elbow to the shoulder joint. Therefore the degree of social and economic dependence of an amputee is determined by the type and level of loss of limbs

In 2002, the number of amputees in amputee camp in the Western Area was recorded as 1.208 (NaCSA 2002). 42 (19%)of the 225 registered number of amputees in the Southern Region are women. 23% (55) of all war wounded and amputees (239) who are beneficiaries of Norwegian Refugee Council's Amputee and War-wounded Housing Project are women.

Sexual Violence and Gender Violence Crimes
Goldblatt and Meintjes (1996) agrees that sexual assault in the context of war are institutionalised acts that make public the private. Women's experiences of sexual violence include all its forms from threat, assault, interference, exploitation to molestation without physical harm. The most common form of sexual violence was rape. The widespread and systematic use of rape and other sexual violence during the ten-year civil war in Sierra Leone is documented in a new Human Rights Watch report released today. The 75-page report "We'll Kill You If You Cry:" Sexual Violence in the Sierra Leone Conflict, presents evidence of horrific abuses against women and girls in every region of the country by the rebel, Revolutionary United Front (RUF), as well as other rebel, government and international peacekeeping forces.

Many young girls and women who were exposed to sexual violence had to deal with unwanted pregnancies and unwanted children. The majority of them were exposed to sexually transmitted infections including HIV. Some of them sustained injuries some of which led to the development of Vesico Vaginal Fistula (VVF) that require urgent medical attention.

In 1999, PPASL (1999) provided services to 230 clients who were abductees and referred from CCSL, MSF, UNICEF, ADRA and MSWGCA and PPASL Youth Peer Counsellors. Counselling was provided to 210 females and STI screening and treatment to 65 clients. Thirty-seven reported unplanned pregnancies resulting from sexual abuse. Two gynaecological cases were referred, one for prolapse uterus and one for vesico vaginal fistula. The majority of the clients were women and were within the ages of 4 to 47 years.

Most of these physically related abuses were perpetrated against young girls. They were the ones most subjected to sexual violence, beatings, forced labours and other forms of tortures. Girl X was one of the survivors of the January 6 invasion of Freetown by the coalition forces of the RUF and the defunct AFRC forces. She narrated her experience:

"I initially endured rape and was later abducted by the rebels. While living 40 kilometres outside the city with the West Side Boys, one of the combatants forcefully took me as his wife. 1 was a seven-month pregnant by the time I was released. I now have a daughter to look after, a responsibility I was never prepared for. Her child can never enjoy the joy of being brought up by both parents."

In 1999, FAWE through its Rape Victims Programme received 1384 girls and women out of a total of 1438 abductees. Treatment received included surgery, medication and counselling. 133 girls and women reported to have been sexually abused in 21 villages in the Lokomasama Chiefdom in the Northern Province (GRADOC 2001). They experienced multiple rapes and single rape. 42.5% of them were forced to take drugs. At the time of the survey, about 60% of them had not received medical treatment while 78% of them had STIs that kept recurring.

(d) Psychological Torture and Exertion

A lot of women and children now suffer from war-related trauma as a consequence of a number of social factors. Temporary separation and death as a result of rebel attacks or abduction of children, spouse, other family members and even themselves causes a lot of stress and grief for women.

Mama Fatu recounts her ordeal:
".... I had been married to my husband for years... We built a house before the rebel war. On this fateful day, a man called my husband and accused him of been a rebel so he should be killed. My husband wanted to defend himself but the man interrupted and said my husband was a lawyer if he was allowed to talk he'll be set freed so my husband was denied explanation. They carried him away and killed him. After killing him, they brought his head and said I should buy it. I had Le1000 that I gave them and they refused saying it was small. They took a cutlass and chopped me tearing the clothes 1 was wearing...."

Those women who lived in rebel occujpied territories had to endure additional stress of coping with the violence they experienced on one hand and withnessed on the other hand.

One of the social challenges therefore associated with war is family disintegration. In displacement, virtually all women require to seek alternative sourcess of income in strange lands. Women hardest hit are those who become heads of households through death, separation or are single. Women affected by the war as single parents are socially and economically overburdened with family care.

Fatmata has to live with unpleasant memories of how she lost her son. She had this to say:
"We hid and left the town and reached a village called Fabu where we rested We took the route to Senehun a town on Bo highway to get transport for Bo town. Upon reaching the town, we saw a crowd of people standing on line; everyone was again asked to dance. Son-in-law was to dance with their mother-in-law, sons with their mothers etc. My son and I started dancing. The instruction was we should hold each other's private parts and asked it how it was doing. There was a song for this exercise. My son, being shocked and filled with shame and fear couldn't follow the instructions properly. I danced it properly so that the rebels won't take notice of my son's stubbornness and kill him. However, after the dancing exercise my son was slaughtered right in front of me. They gave me his head, 'which I refused to hold. At this point, I fled with other people and the rebels started shooting behind us but as God could have it we managed to cross the river.

Many women in displacement either in camps or communities have relatively less access to reproductive health. Culturally most women do not enjoy reproductive. and sexual rights because they are either not aware of such rights or cannot exercise them if they do. Therefore, almost all of them have no power to refuse sex. Thus women's role as childbearers become more demanding and challenging in the midst of limited economic and medical resources required ensuring safe motherhood.

IV THE PERPETRATORS
The key perpetrators of sexual violence, including sexual slavery, were the rebel forces of the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC), the West Side Boys, a splinter group of the AFRC and women. Human Rights Watch documented over three hundred cases of sexual violence by the rebels; countless more have never been documented. From the launch of their rebellion from Liberia in March 1991, which triggered the war, the RUF perpetrated widespread and systematic violence. The AFRC, which consisted of disaffected solders from Sierra Leone Army (SLA) who in May 1997 overthrew the elected government of President Ahmad Tejan Kabbah, were also responsible for subjecting thousands of women and girls to sexual violence, including sexual slavery.

The prevalence of peace sexual violence peaked during active military operations when the rebels were on patrol. Even in times of relative peace, however, sexual violence continued to be committed against the thousands of women and girls who were abducted and subjected to sexual slavery by the rebels. No region of Sierra Leone was secure.

Presenting a balance submission on women's experiences of the war requires an analysis of the roles of women as perpetrators of violence. Women as well as men enjoyed , leadership positions within the various ranks of the armed groups. Women served as ,officer commanding of armed units. Though in a relatively small proportion to men, men were conscripted as combatants. They also influenced decision as partners of male combatants. Thus, like their male counterparts, they exercised control and power over others in very negative and harmful ways that affected women's health in particular.
Women instructed and in some cases led attacks on communities and villages. There are instances of women maiming civilians.

As spies, some women actually influenced the torture or killing of civilians who they reported as enemies. They would infiltrate communities and camps to solicit information. During attacks or occupation of communities, they would identify people on the other side who in almost all cases are singled out for torture.
Women acted as part of a complex social system within which violence was institutionalised. In attempting to explain why women actively participated in violence especially against women does to yield a simple response. Economic and social reasons have been highlighted as one justification for women's involvement in violence. Their engagement provided them with guarantee for security against violence to themselves and to their families and loved ones as well as for survival. Others have been sited as having participated in the conflict against their will. Like children affected by the war, some women's involvement in violence was a manifest of their propensity to fight back any form of inhuman situation they may have subjected themselves.

Participation in the violence may have also been one way in which some women demonstrated that they did not fit the stereotype of women. Social pressures and wanting to be like the others also account for women's active involvement in violence. Understanding that women were capable of perpetrating violence enables us to see that women are not monolithilic in their outlook as a group and are not bearers of certain essential qualities such as kindness and compassion (Golblatt and Meintjes 1996). Social, economic, cultural and political environments shape women's behaviour as they do men.

IMPLICATIONS FOR WOMEN'S HEALTH

War-related violence in Sierra Leone has resulted in unimaginable health consequences for women. They also have psychosocial and economic implications for individual women, family, community, and the nature. During the decade long conflict from 19919001, thousands of women and girls were subjected to widespread and sexual violence, including individual and gang rape, and rape with objects such as weapons, firewood, umbrellas, and pistols. According to Human Rights Watch, the victims or rape were of all ages, ethnic groups and socio-economic classes. The sexual violence was perpetrated by both the rebels and the government but mostly by the rebel forces. The rebels sought to dominate women and their communities by deliberately undermining cultural values and community relationships.

(a) Sexual and Reproductive Health Needs
Reproductive health is a state of complete physical, mental and social well-being and not only the absence of disease or infirmity in all matters relating to the reproductive system and to its functions and processes. Reproductive health therefore implies that people are able to have satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and often to do so. Implicit in this last condition are the right o effective, affordable and acceptable methods of family planning of their choice, as well as other methods of their choice for regulation of fertility which are not against the law, and the right of access to appropriate health-care services that will enable women to go safely through pregnancy and childbirth and provide couples with the best chance of having a healthy infant. In line with the above definition of reproductive health, reproductive health care is defined as the constellation of methods, techniques and services that contribute to reproductive health and well-being by preventing and solving reproductive health problems. It also includes sexual health, the purpose of which is the enhancement of life and personal relations, and not merely counselling and care related to reproduction and sexually transmitted diseases.

Health problems such as obstructed labour, menorrhagia, incontinence and sterility are some of the severe complications that women victims of sexually abuse present. Cases of VVF are now becoming known and being recognised.

Women and girls have generally become more vulnerable to violence and sexual exploitation as a resulted of psychosocial and economic problems associated with the war. Women with disabilities face far greater risk of exploitation than men. The lack of social guidance at family and community level has also exposed many young girls to risky sexual behaviours. In Sierra Leone, like in most countries the neglect of women's reproductive rights severely limit the opportunities in public and private life, including opportunities for education and economic and political empowerment. Shared responsibility between women and men in matters related to sexual and reproductive behaviour is also essential to improving women's health.

In Sierra Leone, HIV/AIDS and other sexually transmitted infections become fertile ground thereby resulting to a devastating effect on women's health, particularly the health of adolescent girls and young women. Many women abducted and sexually assaulted suffered from STIs. Many women and girls have still not been treated since their exposure to sexually violence. This is mainly because they have little access to information and services for prevention and treatment. This category of women needs to be captured as they do have reproductive health needs that have not been addressed. There is inadequate information on the incidence of sexually transmitted diseases during the war. Data from clinical records show a rising trend in the number of cases identified. For example positive cases for STDs, as a percentage of women screened, rose from 60.8 percent to 69.6 percent in 1997 (PPASL 1998).

Compelling evidence has shown that conflicts have become a critical factor in the spread of STIs and HIV. Renewed fighting in Angola saw the HIV prevalence rate rose from 1.2% in 1995 to 8.6% in 2001. This is also evidence in Rwanda that had 10% in the urban areas and 1% in the countryside before the war in the mid 1990s. By 1997, the urban and rural rate had soared just over 11%. HIV infection raised 6 fold amongst formerly rural people who fled to refuge camps. Therefore, post conflict Sierra Leone is an added problem that increases the vulnerability and exposure to infection. This could have been a contributing factor to the growth of prevalence in Sierra Leone from 2.99% end of 1999 to 7% in 2001.

Escape for these women and girls were regularly exceedingly difficult. Intimidated by their captors and by the circumstances, these women and girls often felt powerless to escape and were advised by other female captives to tolerate the abuses as it was a war situation. Even though many women did manage to escape, some escaped, from one rebel faction or unit only to be captured by another. An unknown number of women and girls still remain with their rebel 'husbands', even though the war was declared over on January 18 2002.
In addition, women were the indirect targets of violence directed at their loved ones and their children. Women and girls were raped and sexually attacked in front of their families, mothers, fathers, husbands, children: as a means of heighten the crime against them, torturing their loved ones and terrorizing the community. As a result their human rights as women which include the right to have control over and decide freely and responsibly on mattes relating to their sexuality and including sexual and reproductive health, free from coercion, discrimination and violence was thereby breached.

(b) Effect on Social and Psychological Well Being
Unplanned and unwanted pregnancies and children are a direct effect of rape and sexual slavery and exploitation. Considering the rampant and indiscriminate rape of young girls and women, individual women have to deal with situation. Overcoming stigma associated with rape on one hand and children resulting from such acts on the other hand pose severe psychosocial problems for girl mothers, children of former combatants and their ;'families. Some of the girls who were abducted and later returned pregnant or with ~. children have faced social isolation and family rejection.

While some women who separated with their spouses and lived in rebel held areas were never able to live with them again because they had been 'other men's wives', some have pretended that nothing happened and are living with it. Whichever the circumstance, women are forced to cope the social outcomes of these situations.

Women amputees have special social health challenges: Maintaining personal hygiene, child bearing and child care, domestic and general family care for example pose tremendous challenges on women. Living with such disabilities, depending on which degree makes them heavily dependent on a especially women members of their family
o for social care, and on their spouse or other members of their: family of economic support in cases where they cannot ,earn direct independent and regular income. Amputations also' generally impose social and economic burden on family, community and the nation.
The incidence of domestic violence, sexual harassment of young girls, displaced and refugee women has also increased.

(c) Mental Health
The results of a recent study or, Mental health and Substance Abuse in Post Conflict Sierra Leone show that more than 90% of the sample have a significant traumatic exposure, 50-75% of the sample have a moderate symptoms, while 15-25% score more severe symptoms (Jensen 2002). About 5-10% of the these might need mental health interventions or at least a qualified evaluation to explore the needs. It concludes that there is enormous need for medical treatment and psychosocial follow-up. The study also reveals that the prevalence of mental health problems and war related experiences,,does not significantly -relate to gender. This implies therefore that women as much as men require mental and psychosocial services.

IV INTERNATIONAL HUMAN RIGHTS LAW
Many elements of international human rights law relate to sexual violence and to crimes that target women and girls in a discriminatory manner.

Article 9(1) of the International Covenant on Civil and Political Rights (ICCPR), for instance, provides that: "Everyone has the right to liberty and security of person." The ICCPR (article 3), like many other human rights instruments, is explicit in affirming that "the equal right of men and women to the enjoyment "of all rights its covers. The ICCPR as well as the Convention against Torture and Other Cruel Inhuman and Degrading Treatment or Punishment (CAT) prohibit torture under all circumstances. Article l of the convention defines torture as "any act by which severe pain or suffering, whether physical or mental, is internationally inflicted on a person .... when such pain or suffering is inflicted or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."

The Convention of the Elimination of All Forms of Discrimination against Women (CEDAW) is the only major UN human rights treaty devoted to the equality of women. It was adopted by the United Nations in 1981, and is monitored by the Committee on the. Elimination of Discrimination Against Women, usually known as CEDAW Committee. CEDAW defines violence against women as a form of gender-based discrimination. In 1992, the Committee affirmed that both public and private forms of violence ("all forms of discrimination") against women are human rights violations in the CEDAW Committee's Reconnection 19, which establishes the links between violence and discrimination.

CONCLUSION
In most countries, the neglect of women's reproductive rights severely limits their opportunities in public and private life, including opportunities for education and economic and political empowerment.
Shared responsibility between women and men in matters related to sexual and reproductive behaviour is also essential to improving women's health. Sexual and gender-based violence, including physical and psychological abuse, trafficking in women and girls, and other forms of abuse, trafficking in women and girls and other forms of abuse and sexual exploitation especially in conflict situations place girls and women at high risk of physical and mental trauma, diseases and unwanted pregnancy. Such situations often deter women from using health and other services.

In addressing inequalities in health status and unequal access to inadequate health-care services between women and men in Sierra Leone, the government and other actors should promote an active and visible polity of mainstreaming a gender perspective in all policies and programmes., so that, before decisions are taken, an analysis is made of the effects for women and men respectively.

2. Recommendations for Action To Both the TRC and the Government of Sierra Leone ~ 4b
From the foregoing, it is clear. that medical, structural, social, economic,, legal and political support is required for rehabilitation of women survivors of the war and for women generally so that that post reconstruction efforts guarantee a just and peaceful social environment for women.

Finally, this submission makes the following recommendations to the TRC and the Government of Sierra Leone. Though the primary responsibility for its implementation rests with the government at the national level, the international community through development cooperation and other activities, various entities of the UN system, NGOs and organizations of civil society, including the private sector, are also targeted and assigned responsibility for action.

Recommendations to TRC
Public education

• Ensure that TRC findings are accessible and disseminated, in various formats to the Sierra Leonean population in all areas of the country.
• A public education campaign on the report's findings should be designed in collaboration with civil society including the Council of Churches. Through this public education campaign, the TRC should promote public awareness of women's health rights and gender issues.
• Suggested outreach methods are- using media, mobile community outreach teams, information resource centers, plays, videos, cartoons, among others.
• Increase awareness to access prompt medical services for women who require emergency health care with VVF and STI;
• Encourage women to speak out about their experiences in the war especially sexually related violence.
• Provision of life skills to all single mothers, girl mothers and women amputees

RECOMMENDATIONS TO THE GOVERNMENT OF SIERRA LEONE
Consequently the TRC report should make recommendations to the Government to address and strengthen the promotion and protection of women's reproductive health rights. In accordance with the Beijing declaration, the government should work towards implementing the Platform and ensuring that a gender perspective is reflected in all policies and programmes on health.

• Urge sexual and reproductive service providers to extend their services to those who especially had not sought medical attention since their exposure to sexual violence and who may be living in remote or poorly accessible areas;
• Intensify sexual and reproductive health education for women and men for the achievement of gender equality, through gender mainstreaming.

The government of Sierra Leone should establish an inter-ministerial taskforce with representatives from Non Governmental Organisations/INGOs to integrate conflict-related sexual violence and related current problems including psychosocial care service affecting women and girls in all community projects that benefit women most affected by the war with an aim of improving legal, medical and social responses to women.

• Urges government and other stakeholders to implement the recommendations of the study on mental health in Sierra Leone on developing a comprehensive mental health programme with a community oriented approach, involving all stakeholders;
Support and encourage community healing activities for survivors of violence.

Design and implernent, in cooperation with women and community-based organisations, gender sensitive health programmes, including decentralized health services, that address the needs of women throughout their lives and take into account their multiple roles and responsibilities.

• Skill acquisition and employment creation opportunities for women survivors to be able to among others access medical care for themselves and their families

Initiate and strengthen existing household food security projects in war affected communities.

Strengthen nutrition education at community level.

Initiate and strengthen activities geared towards overcoming stigma and discrimination associated with sexual violence.

Develop strategic alliance and networking with NGOs on meeting the comprehensive need of abused women and girls.

THE IMPACT OF THE WAR ON THE ECONOMIC STATUS OF WOMEN IN SIERRA LEONE

STATUS OF WOMEN DURING THE WAR

During the war, 75 percent of the population was displaced. Some people became refugees in neighbouring countries while others were internally displaced in search of safe heaven. The war brought about a chain of crucial social and economic problems that warrant critical analyses and a long-term integrated approach for sustainable development.

During the war people were forcibly evicted from their houses, many houses and public buildings were burned down, looted, vandalised, furniture removed, savings forcibly taken from people and all livestock consumed. The livelihood system of the people was severely disrupted, there was loss of source of income, economic activities ceased, thereby increasing the level of poverty. Women and children were hardest hit. They were totally dispossessed of their worldly possessions and meagres savings. Spouses and other male breadwinners were either killed, made redundant or separated from their families
Madam Koloneh Jusu, leader of an association of Women Farmers at Peacock Farm, who were supported with farming tools, vegetable seeds and seed rice, had this to say:

"Our house was burnt down during the war. We stayed in a displaced camp for six (6) months. When we came back, we put up a temporary structure where me started rebuilding our lives again."

It was the same story for most of the women in this association. We had no means of livelihood. Our husbands were either- killed in the war or made redundant, because the industrial estate that employed them has closed down due to the wanton rebel destruction.

Women carried the burden of caring for their households. There was therefore a significant increase in female-headed households and a subsequent increase in antisocial behaviours.

Madam Musu Ndanema, a community member has this to say:
"The ten year rebel war completely crippled us, all our possessions were burnt dow, while our meagre savings were carted away by the Revolutionary United Front rebels. We were not able to send our children to school, because we had no means of livelihood. Conflicts emanating from gossip and idleness became rampant among the women in the communities. Homes were broken and families torn apart due to hardship. "

The women were faced with the problem of food insecurity because the vast majority of them are illiterate, unskilled and unemployed. They heavily depend on agriculture for their livelihood. But the land tenure system in the country is very rigid, which makes it very difficult if not impossible for women to have access to land for cultivation, especially during the war. Women therefore sought new means of livelihood some of which were positive (new skills acquired quarrying, brick making, etc) and others negative (prostitution, child labour). As part of their coping mechanism, women became informants to the warring factions in order to survive. Their new environments or status brought about dramatic changes in their lives. Some of them were introduced to decision-making and control of resources, which are traditional roles of male members of the family.

Another option used was to reduce dependence on rice, which was supplemented with bread, "gari" (farine), tuber crops, breadfruits, bulgur wheat and maize mill. However, these substitutes were usually not backed up with adequate protein because of the high cost involved. Similar cuts and substitutes were made in terms of use of fuel energy and clothing by the lighting of single lamps in houses for short periods and the purchase of used clothing respectively.
For most of the families, both mothers and older children, mostly the girls, engaged in odd jobs and petty trading in order to maximise the family income. While this may be positive, it deprived the children of going to school and left the younger children un-attended.
Among women, the most common coping strategies include participation in savings schemes (OSUSU) to raise money for critical household expenditures, involvement in petty trading, quarrying and vegetable gardening.

Outright and discrete prostitution were also coping strategies for women of poor family descent though others made claims on wealthy relatives and friends both at home and abroad. But the opportunities for these claims were also severely eroded by the looting of the upper and middle classes during the war.

The illiteracy and school drop out rates increased, because the costs of education became high and the facilities limited, which deny many children, especially the girl chi?d, access to basic education, because their parents or guardians could not afford the charges. The enrollment rate therefore very low.

POST-WAR PROBLEMS FACING WOMEN

Women make a vital economic and social contribution to Sierra Leone, despite the fact their generally low economic and social status that has relegated them to positions of dependency and hardship. Women- in both the rural and urban areas work for long hours but receive little or no income. The disparity in education between men and women tends to further contribute to this situation. The literacy rate of women is only 12 percent while that of males is 31 percent. Although access to education is open to bath sexes, it is estimated that the primary school enrollment is 43 percent for girls as compared to 57 percent for boys.

Primary school enrollment for girls was 38 percent compared to 62 percent for boys. Girls have a higher drop out rate from school. In 2000, those taking the SSS-leaving examination (the WASSCE) totaled only 1,899 students, of whom 42 percent were females (793). At SSS level in 2001,only about 23,000 students attended, of -whom less than 10.000 were female. Secondary schools are also heavily concentrated in urban areas. A key impediment for many girls is the lack of funds for school feels and other educational costs due to widespread poverty. It is estimated that some 90 percent of rural women are illiterate.

Although 90 percent of rural women are engaged in agricultural activity, most women do not have title to the land they work on..

Since the end of the war, women continue to face pressing problems. Men continue to be dominant players in decision-making, even though women shoulder most reproductive. productive and community management responsibilities, many of which are not re-numerated. Women who have lost everything have to start again. Some women have been displaced and are now unable to return to their home areas. Others have been widowed and have become single heads of households. Because women are economically and educationally more disadvantaged, many have had to turn to prostitution as a means of income. This is especially common among single parent, female headed households.

The violence and displacement created by the war has broken down family and community structures and placed heightened pressures on the limited social services. The extended' family network that served as a safety valve for large numbers of people has been stretched beyond its limit. . .

The proportion of women living below the poverty line remains higher than men. Numerous studies indicate that reducing gender inequities and increasing women's access to productive resources are strongly correlated with improvements in family health and well-being and increased economic productivity. Statistics show that rising female educational levels are directly linked to falling fertility and mortality rates. It has also been demonstrated that female and male farmers can be equally efficient and productive if the) benefit from the same levels of input and human capital. Household food production relates directly to household nutrition and -female farmers tend to, be more involved in food production than their male counterparts. Gender inequality can lead to economic inefficiency as it exacts costs in terms of lower output and lower development of human resource cost.

Recommendations

• Increase funds available for micro-financing lending to women.
• Ensure women are included in all aspects of development programmes.
• Strengthen support for the informal sector as women are the majority in this area with significant implications for the economy as a whole.

Impact of the War on displacement and migration

INTRODUCTION AND BACKGROUND

Situation before the war was not that rosy. There was rural urban migration in search of jobs and opportunities but this was voluntary. There was increase in rural - urban migration triggered by the war because urban areas were relatively safe until the attack on urban cities. This movement into cities and towns led to a proliferation of slum settlements with limited social services and infrastructure substandard housing and increase in poverty, crime, unemployment and underemployment.

The armed conflict in Sierra Leone started -in March 1991. It started as an incursion by RUF from the South East point of Sierra Leone. This developed into a full-blown armed conflict with major players the RUF, AFCR, CDF and Government troops. The Armed conflict led to a systematic displacement of thousands of people. Men were called to fight while women and children were forced to flee their homes. There was massive displacement. This massive displacement was of two groups. The internally displaced population who were displaced within the country not in places of origin. They were uprooted from homes. They moved from Village to village, Town to Town and from one region to another. There was high rate Rural to Urban Migration.

These were still under the protection of the national Government. These "are persons or groups of persons who have been forced or obliged to flee or leave their homes or places of habitual , residence, in particular. as a . result of armed conflict, violations - of human rights, human made: disasters and who have not, crossed "an, internationally recognized state. border:" (Guiding principles on internal Displacement)

The other set of displaced persons are those who crossed national boundaries and in other countries therefore no longer had protection of Sierra Leone government so they needed international protection.

They are referred to as refugees. UNHCR ensures their protection. According to the 1995 conventions a refugee is some who:

- Is outside the country of origin i.e. has crossed as international boundary
- Has a well founded fear of persecutions for reasons of Nationality, Religion, Political views, Race
- Member of a particular social group
- Lacking National protection

In Sierra Leone situation 60% of Refugees were in Guinea, 30% in Liberia and 10% in other countries and 53% of Refugees were, women. At the height of war there were about,1.2 million internally displaced populations 400,000 were in camps and the rest stayed with friends and relatives. In the two scenarios stated above women and girls in addition to being victims of an armed conflict were increasingly used as weapons of war. The absence of men and older boys in many situations of forced displacement exposed women and young girls to a life of constant fear, violation, ill - treatment and abuse. Women and children suffered consequences of physical and psychological violence and were left traumatized by amputations, beatings and rape.

As with all aspects of war, displacement has specific gender, dimensions. Women are more lilely than men to end up as displaced persons and to become the sole caretakers for children. Women and girls had to learn to cope as heads of household, often in environment where even in peacetime, a woman has few rights. And having fled, they found themselves vulnerable to attacks and rape while they were escaping and even where they found refuge. Some became trapped between opposing factions in areas where there was no humanitarian access.

In a hostile environment without access to basic services, women were expected to provide the necessities for themselves and their families. In the urban towns and camp situation this forced women to provide sexual services in return for assistance or protection. Many women and girls due to the armed conflicts had no choice but to become sex worker in order to support their families. Women with their children became street beggars, hawkers of firewood etc.

CONCERNS
1} Violence against women

Population displacement, particularly during flight to safety often result in the separation of families and women and. girls during flight using unprotected, routes are exposed to sexual abuse by border guards, armed personnel and other male aggressors.

Case I: Jina's story - "We had to flee our village due to heavy attack by rebels. There was great carnage I was fortunate to have with me my three daughters the eldest been 15 years. We headed for Liberia. Border guards stopped us. We were asked to produce document. I did not understand what traveling document is in time of war, having abruptly left our house. i had to pay for the document by giving to them my daughter as wife so they said; I had to plead with them that my daughter is under aged. For that statement they beat me and tied me until I could accept before they I could release her. I was not ready to leave my daughter with them. They were merciless they continued to beat me my children were crying. The continuous crying of my children brought an older border guard who told them to free me. We continued in constant fear. Life was stressful for me as a single parent. While in camp in Liberia at night armed men entered over booth and took all we had because there was no man."

Case II: Fatmata's story - "During the rebel attack on our Town we had to flee. During the fight i was separated from my husband. I had to continue with my son. We fled to another village. There was also an attack on the village. I was captured together with my son. The victims were all asked to sing for Foday Sankoh.
We danced and sang. I was called to sing and dance with my son. We were asked to dance in nude. My son was instructed to dance facing me and touch my private part I did likewise. At the end of the dance, they killed my son. It was terrible for me. I was asked to take his head. I eventually arrived in Bo without husband and son but God will protect me"

Case III: Hawa - "I became displaced when I was a suckling mother. We moved from village to village in Kono. During one of our flights rebels captured us. The commando captured me. He said I should be his wife and also said that I should "wean" the child by having sex with him. I told him that my child was yet two (2) months old. During the cause of our stay he forced me I had no option I yielded. I was now moving with him he provided for me. My child died whilst I was pregnant. During another attack I had to escape. I gave birth to the child but since them I have not seen the commando."

From the testimonies collected from the two women, and girl there is indication that there are thousands of women and girl who might have gone through similar, physical, psychological and sexual violence during the wartime especially during flight.

Women and girls suffered all forms of violence both in camps, and' urban displacement with relatives and friends. Women talked with especially.single parents often say they don't feel safe in camps. In camps there/are not enough protection officers or female staff. The place is dark. Domestic violence increase, and women and girls face sexual violence and discrimination in the distributing of social services-from food to plastic, sheeting 60% of National IDP camp population distribution was in western area (source NACSA and the highest population of Displaced people not in camps were also in the Western Area Freetown in particular.

In Guinea, there was massive incidence of rape when the rebels from Liberia attacked the camp communities. This necessitated the relocation of Refugees from South East to North Central Guinea. A 1988 report of the UNHCR. observes that Refugee women frequently suffer family violence due to part: -up frustration and fragmentation of community life despite the fact that policies to prevent violence against women are in place they are not being implemented. Some humanitarian workers in camps are. Contributing to violence against women. In -Apri1 2002 UNHCR and Save the Children UK issued a report of sexual violence and exploitation committed by peacekeepers and humanitarian workers in camps in Guinea, Liberia and Sierra Leone.

95% of camp management--structure was comprised of men. Humanitarian organizations are dominated by men. Foods supplied in camps are not staple food (rice). To supplement or subsidize food and toiletries expose women and girls to exploitation and abuse. The young girls are told of missing cards for food rations for refusing to have sex.

2) Poverty And Lack Of Economic Empowerment
Poverty in general in Sierra Leone is caused by Bad Governance and economic mismanagement, poor growth performance increased vulnerability from the civil war, unemployment and underemployment, lack - of Access to Basic Social Services and other factors.

Women and girls face economic hardship in refugee and displacement situation many lack income - generating skills, land, family labour force and startup capital for business. Single female-headed household find themselves responsible for a large number of children. Women's inadequate access to financial resources that would provide for seeds tools and technical assistance make way for poverty.

To combat poverty, and become self-sufficient, economic empowerment of women and girls through income generating activities and training diverse fields are essential. Without access to economic means, the poverty experience may create grounds for renewed tension and conflict. The land tenure system and inheritance Laws is crucial to returning Displaced people especially women who might have lost husbands.

3) Education And Training
"Education is a human right and as essential tool for achieving the goals of equality, development and peace ............Literacy of women is an important key to improving health, nutrition, and education in the family and to empowerment women to participate in decision making in society ............" (The Beijing platform for Action)

Promotion of education is a key to empowerment. The displaced women and girls may be returning with or without skills learnt during displacement. Those skilled and returning are mostly not provided with start-up-kits to facilitate the establishment of their own business enterprises.

Most of the Human right abuses on the Displaced were due to the high level of illiteracy. These were marginalized and exploited. For sustainable development during return, focus must be made on this group.

5) Repatriation And Resettlement
The ten-year of war caused the internal displacement of more than 1.2 million people within Sierra Leone. UNHCR has estimated that, in successive waves of flight at and return, more than 500,000 people have at some point had to flee Sierra Leone into neighbouring countries. UNHCR exceptionally facilitated the voluntary repatriation of refugees from Guinea due to the dire circumstances in Guinea. The voluntary repatriated refugees could not get into place of origin due to insecurity at that time. These had to resettle in temporary camps until the government of Sierra Leone facilitated-resettlement into areas deemed sufficiently safe for the return of displaced people in safety and dignity. There was spontaneous repatriation of Refugees as condition became unbearable for them in place of Refugee. Voluntary/spontaneous repatriation continued from 2000.

Sierra Leone Refugees Repatriation In Figures by Year

2000 -	11,917
2001 -	124,787
2002 -	98,891
2003 -	4,430

Source NaCSA R&R database - February 20, 2003

Mode of Transportation

Road	-	30.651
Sea	-	50,184
Air	-	440
Spontaneous/Foot		158,744

Source NaCSA R&R database - February 20, 2003

From the number a larger number arrived on foot because they were desperate. It could be noted that most of the returnees on foot were women and children - one could imagine the hazardous journey it took them, only to come and face further shock of devastated villages and towns with even unrecognized family house site.

Displaced persons regularly loose much of their property when displaced. The destruction of the bombing, burning of buildings confiscation or forcible occupation of private;homes by military or other forces is among the experiences faced by displaced persons.

Because of their vulnerability, displaced returning also need protection for the property left to them or acquired during displacement. When displaced persons return to their home they may find their property occupied by other people. The return of property is of crucial importance for a dignified return.

Access to land especially for the rural population for agricultural purposed is crucial for the sustainability both in short term, medium and long term otherwise returning displaced become dependent in assistance.

In the Sierra Leone scenario it will be difficult. Returnees are given 2 months food ration. This is only for registered IDPs and displaced returnees right to property for Sierra Leone women are the most challenging aspect of return. Right to property often must be protected by domestic law (Customary Law), which in most cases are not in favour of women.

Within the returning groups are a number of vulnerable groups deserving special attention during the resettlement process. These include:

- Female - headed households
- Pregnant and lactating women
- Separated/abducted women
- Mentally and physically handicapped including amputee and - war - wounded
- Orphans
- The infirm
- Elderly

This group will face consideration challenges in returning to their resettlement areas and in rebuilding their lives particularly those who do not have extended families or able - bodied children to support them. Special attention needs to be give to them for reestablishing their basic requirements, such as shelter, rebuilding their livelihood and protecting them from sexual violence. Maximum attention should be given to, them to enhance their ability to cope during the transitional period.

Separated/Abducted Women.

Displacement during armed conflict often affects whole communities. Dispersing not only community members but also entire family and community members as left with no knowledge of the where about of their relatives and other members of their community village " women are major component of this group women have been the victims of abduction and sexual abuse throughout the course of the war.

Separated from their families and community these women, the majority' of whom have young children are in need of special attention which not only assist them in funding their families but also address their social . reintegration sensitization counseling and community based initiatives should target these women in their resettlement.

The Disabled
There are more than one thousand amputees and war wounded who required resettlement rehabilitation reintegration assistance. These have been disabled during the armed during the armed conflict period either during flight or callously disabled in their homes. Assistance to the war wounded and amputees consists primarily of the essential task of physical reconstruction such as through the use of prostheses and physiotherapy as well as psychological rehabilitation. These should be supported to reengage in meaningful economic activities. The pilot programme of low-cost housing schemes for amputees and war wounded should extend to all part of the country.

NaCSA has planned Community - base Resettle assistance which includes based service provisions i.e. water, sanitation and education.-

- Livelihood start-up assistance
- Agricultural start-up support
- Non-farm start-up - livelihood support in urban areas
- General start-up livelihood support activities include.

Agriculture Roads rehabilitation and sanitation and community infrastructure rehabilitation.

Community-based reconstruction and rehabilitation.

Activities may include Agriculture fisheries and livestock rehabilitation, shelter, promotion and vocational scheme, capacity-support programme will include activities by partners like UNHCR, DFID, EC UNAMSIL, NGO's International Organizations UN Agencies and line ministries.

It is hoped that these will enhance building communities and focus on women paramount.

RECOMMENDATIONS

We call upon the perpetrators of gender - based violation especially on displaced women and girls to admit publicly their role in and responsibility for these violations to also pledge publicly that neither they nor their movement/ organization will commit such violations in the future and to commit publicity to contributing to a programme of reparation to victims of their past violations.

2) The commission obviously requires knowledge of those who have suffered gross human rights violations before it is able to assist them. Nevertheless the commission needs to be mindful of the fact that many victims will find it extremely difficult to approach the TRC for help. The reparation and rehabilitation process should not simply be available for those who want it. Despite the possibly limited resources available for reparation, which we do advocate for, and despite the already huge workload facing the commission, the TRC should not shy away from actively encouraging, people to come forward to claim reparation.

The rural consideration should be given. The Truth and Reconciliation process needs to be one aimed at healing the whole society. This places positive obligation on the commission to begin this process as comprehensively as possible by seeking out those who are in need of help for example: The amputees, war widows disabled women and girls, war wounded grossly sexually abused girls and women. In formulating a reparation and rehabilitation policy the commission needs to consider whether women have specific needs and interests.

3) Displaced and Refugee women are the witnesses of war's devastation and can provide personal testimony for the need to negotiate for peace, therefore these could be in cooperated in peace mission in the sub- region and at international level. Women's continuing role in sustaining peace must be acknowledged and maintained.

4) That the Government/NGO's and international Agencies develop operational and policy level initiatives to implement and institutionalize gender-and-age sensitive approaches in its protection and assistance activities, more specially on issues affecting Legal Security of Women.

5) It is essential that women and children actively participate in Reintegration and rehabilitation programme to achieve sustainable peace and Development. To also encourage the formation of women community based NGO's to be actively involved in the reintegration and Rehabilitation programme

6) Protection must be provide for women especially single parents who are returning to reclaim property especially land through inheritance and otherwise.

7) TRC must place special attention on sensitization to address stigmatization especially in areas of Resettlement.

8) Psychosocial support and reproductive health services for women affected by conflict should be an integral part of assistance to enhance reconciliation and sustainable peace. Special attention should be provided to those who have experienced physical trauma, torture and sexual violence. There should be an increased number of psychosocial counseling, and referral centers.

9) It could be rioted that since the war started in 1991 there has been thousands of displaced people - men, women and children. The Displacement led them to become Refugees in another country. This will pose, social and cultural problems for children reared in two settings. We need to take note of these chances and put in place mechanism that could address their plight.

GENDER DISPARITIES AND THE LAW

Women in Sierra Leone face discrimination in many different spheres of life. These discriminatory provisions can be found in a number of provisions of the laws of Sierra Leone.

Chapter three of the 1991 Constitution provides for the Recognition and Protection of Fundamental human rights and freedoms of the individual. Specifically Section 1 5 proclaims "irregardless of sex a person has a right to life, liberty and security of person, the enjoyment of property and the protection of law as well as protection from deprivation of property without compensation."

RECOMMENDATIONS AND SUGGESTIONS

The Limited amount of Law reform that has taken place in the recent past has meant that a Progressive attempt at Law reform has not been attempted. All the various provisions of our laws that discriminate against women need to be reformed. By proposing law reform it is hoped that the law can become a driving force for beneficial change for the women of Sierra Leone. However, it is important to keep in mind that the law operates within society. We must therefore examine the socio-economic, political and cultural aspects to women's subordination that can determine the effects that the law has on the lives of women.

International instruments such as the Convention on the Elimination of all Forms of Discrimination against women (to which Sierra Leone is a Party) call on governments to intervene in and radically alter society as it is recognized that only this can change 'the patterns of domination and human rights abuses that women face all over the world.
We have identified a number of key areas relating to women in Sierra Leone in which there must be important changes in order far the law reforms to have the desired effects.

1. Legal Rights Awareness/education
If the rule of law is to 'be upheld the population needs to be aware of their rights and the legal system that exists to protect them. A program of basic legal education is especially important for women, as they have often been denied education and experience asserting their rights in the public sphere. It has traditionally been assumed that the husband or some other male family member would assert her rights for her. However it is often these men that deny the women their rights.

We have already discussed the importance of changing societal attitudes going alongside law reform. Just passing on information about laws and judicial procedures is not enough. There must be a critical awareness of the laws. It is only if women can identify with the social values and reasoning behind the law that change in attitude and practices is possible.

Knowledge of legal rights car, be useful even if there are no functioning police stations or civil courts in your area. Community level dispute resolution mechanisms and traditional legal structures can be strengthened to uphold the rule of law by people who are aware of their legal rights. It is important that the community is involved in the education process. If community members are to internalize their legal rights and obligations, then they must feel like they are part of the learning process.

Legal rights education can also facilitate popular participation in the reform of laws. As women get to know laws and the inadequacies of laws they can agitate and mobilize for changes that they see as necessary.

2. Domestic Violence
Domestic violence is an example of one such area where the law is not the primary impediment for women achieving justice. Assault, including, domestic violence, is a criminal act under the 'Offences Against the Persons' Act 1861. However the legal system in Sierra Leone has generally given little protection to female victims.
Domestic violence continues because it is widely accepted in Sierra Leonean Society. According to a study done by Physcians for Human Rights more than 60% of women, Internally Displaced Person's (IDP's) surveyed believed that their husbands have the right to beat them. In some areas of Sierra Leone domestic violence is even seen as an overt show of a man's love for his wife.

Traditionally there has been reluctance for the police to intervene in domestic matters. Domestic violence has been ~ perceived as a family problem that the state. has no responsibility to act in. Gradually c:hanging societal attitudes and women's right activists have forced the issue into the public eye. In Sierra Leone the pursuit of these cases by law often depends on the initiative of the victim, not the state. There is often a lot of pressure put on the victim by other family-members to give up the prosecution. If she does so the case will be dropped.

It should be the responsibility of the state to punish those who commit violence. Given the complex family relationships that surround domestic violence it is even more important that the government take a leading role in this regard. Adopting a policy that guaranteed state prosecution for every domestic violence matter is recommended. This would show that the government is sincere in its commitments to eradicate domestic violence. It would also raise awareness that domestic violence is a serious issue that will not be taken lightly.

The police have shown some acknowledgement of the need for them to become more responsive to women with regard to domestic violence. We welcome the setting up of the Family Support Unit to investigate gender-specific crimes and to provide psychological and legal counseling as well as an emergency service for battered or abused women and children. Under this unit there will also be a domestic violence officer who will provide support and guidance to victims of domestic violence throughout the investigation process and court hearings39. We recommend that this unit be expanded so even more women are given the support necessary to feel that they are able to prosecute if they have been abused.

Domestic violence is a world-wide problem that is linked with the unequal power relationship between women and men. Although it will only cease as a systemic problem when women have attained true equality with men there are some short-term practical steps that government and other organizations can take to decrease its prevalence.

• Education for police officers on gender issues
• Change in child/women's maintenance laws- women must not feel that they are trapped in abusive relationships because the man will stop providing for the wife and children. Functioning child/women's maintenance laws will protect,her in this regard.
• Should sign, ratify and apply the Declaration on the Elimination of Violence against Women. The declaration sets out steps which states and the international community should take to ensure the elimination of all forms of violence against women, whether occurring in public or private life.
• That it is not up to the victim to prosecute.

3. Economic self-sufficiency/Employment
Although the law is supposed to treat everyone equally regardless of their class or economic situation, those who are most vulnerable to Human Rights abuses are often those who lack the social and, economic capacity to defend themselves. Women in Sierra Leone often have limited economic power and independence working in either low wage jobs or unpaid childcare or household tasks. Domestic violence provides an example of how this can affect the rule of law. Often women cannot afford to leave husbands who are abusive because they are unable to support themselves and their children and the child maintenance, alimony and divorce laws in Sierra Leone (mentioned above) do not serve them sufficiently.

It has been established that some measure of economic independence for women can have dramatic effects on the status and power relations within the family and therefore within society in genera1.40 The sexual division of labour and social perceptions about the importance of domestic work are of pervasive importance in gender inequality, particularly in sustaining female deprivation in many poorer countries. '

If women are to increasingly become economically self-sufficient there must he a corresponding shift in the male attitude to contribute more in the way of household and childcare tasks. Otherwise the woman will find herself working what has been referred to as the 'double-shift', doing a full day at work outside the home and still being responsible for all the household responsibilities.

An examination of the Structural Adjustment Policies (SAP) imposed on many developing countries over the post couple of decades have been shown to adversely effect women and children. These often include privatization, economic deregulation, and liberalization of trade and the cutting back of civil service and government social spending. The burden -of the cutbacks often falls disproportionately on women and children. Leaving aside the debate on whether these policies are beneficial for developing countries, this shows that economic and social planning should always be examined from a gender perspective.
In Sierra Leone women are in a disadvantaged position with regard to economic and employment position because of discriminatory laws, lower education levels and discriminatory labour practices and social attitudes.'There is a continued categorization of certain jobs as unsuitable far women which results in women being trapped in the low wage and unpaid sector. Also because of inheritance laws and discriminatory practices women find it harder to get credit and therefore run a business.

4. Functioning Legal System
Ten Years of civil conflict coupled with decades of corruption and economic Mismanagement have left the Sierra Leonean legal system in disarray throughout the country. If the legal and constitutional reforms recommended are to have arm effect, the rule of law must be upheld by a functioning judicial system. Women'.s rights can he impaired not only by discriminatory laws but also by the failure of the government to put in place the institutional machinery essential for the realization or practice of the right.

Most citizens of Sierra Leone have no legal recourse if they feel that their rights have been infringed upon. They cannot afford a private lawyer and the government does not provide legal aid. If the rule of law is to be upheld there must be a functioning legal aid system so that all members of society receive legal representation. This is especially important for women who often do not have the financial independence to be able to afford the services of legal representation.
Cases such as child support or alimony can drag on for such a long time that women are tempted to settle out of court and often end up accepting a settlement that is less than they deserve.

Many of the reforms that we have recommended in this report require interpretation by a judicial system that has not been sensitized to gender issues. Although judges and magistrates are skilled and knowledgeable people they are also products of a discriminatory society. Several of our recommendations for law reform call for greater judicial discretion. In order for this discretion to be exercised in a way that will have the intended benefits judicial education on gender issues is necessary.

There are also other officials that work in the legal system who must be trained in a gender sensitive manner.

Courthouses have often been described as `temples of justice'. As such it is vital that the courtroom is the model of social equality and rules and procedures that discriminate against women should be eliminated. Archaic rules that require women to wear scarves on their head and skirts are indicative of the attitude that women should show more humility in the courtroom than men. In order for the courts to be the temple that upholds and safeguards equality the court rule and procedures must be amended.

5. Women's participation in Public Life
If women's interest are to be properly represented in public life there must be more women working in decision-making and policy making positions within government, civil service and the judiciary. While democratic systems have improved women's opportunities for involvement in political life, economic, social and cultural barriers still limit participation. Although the right to vote is essential, it is not in itself sufficient to guarantee the rear and effective participation of women in the political process. Furthermore it is important that the government takes advantage of the expertise and knowledge of women's groups in civil society that are representative of women's views and interests and consult them when drawing up policies and legislation. In Sierra Leone there has been little participation of women in government and policy. This is a basic necessity if government policies are going to represent the interests of over half of the population.

In its National Policy for the, Advancement of Women the: Government acknowledges women,'s rights to work in any level of government and participate in decision making at all levels. It also agrees to create mechanisms to ensure that these rights are respected. It is no use to have right if in effect the proportion of women that hold meaningful positions of power are still a tiny fraction of that of man. What is important is for the government to take concrete steps to increase the number of women in these positions.
Many women have also raised as a concern to us the fact that as they are excluded from paying tax they are also unable to vote for the paramount chief. In this respect they are being excluded from their views being represented in the public sphere.

6. State and Non-State Actors
When examining legal and human rights it is important to talk of duties that go along with the rights. It moves the debate towards implementation, what actually has to be done for the rights to be realized. Government should be the major protector of its citizen's rights, but in Sierra Leone, as in many other parts o(' the world, problems such as inadequate resources, corruption and a weak legal system make this protection insufficient. The international community bears some responsibility for encouraging, and where necessary pressuring, the government to improve their policies towards women and citizens in general. This role is especially important in Sierra Leone because of the large role that the international community is playing in the county's post-conflict reconstruction. Civil society and NGO's also have a vital role to play in monitoring the achievements of and failings of government.

7. The Government - (Ministry of Gender and Children's Affairs)
We welcome the setting up of the Ministry of Gender and Children's Affairs and the creation of the two national policy-documents setting out the government's gender related policies. However this Ministry is held back by an extreme lack of funding and capacity. These policies will be meaningless if they are not implemented and have little actual effect on the lives of women in Sierra Leone. There are also no concrete plans for law reform of certain laws, as mentioned above, that are discriminatory against women.

8. International Community
Taking into account the problems that Sierra Leone has faced, the international community has a large role to play and holds a huge responsibility in post conflict reconstruction. With the government having limited resources and facing so many demands it is important that the international community plays a role in standing up for the rights of women who traditionally have not been a powerful constituency in advocating for their interest.

Unfortunately it has been noted though that a disproportionate level of resources are used -through international NGO's rather than local structures. It is important that the international community plays capacity-building role so Sierra Leone can stand on its own in the future. UNICEF has provided resources and expertise for the Government to implement the Convention on the Rights of the Child (CRC) and create what is effectively a Bill of Rights for Children in Sierra Leone. This shows that with the assistance of the international community reform can be achieved.

CONCLUSION
As a result of the, Sierra Leone armed conflict women were victims of unbelievable horrific atrocities, and injustices.' As refugees, internally displaced persons women and men experience conflict differently. Women rarely have the same resources, political rights control over the environment. Their care taking responsibilities and engagement limit their mobility and ability to protect themselves. Of the thousands who died during the war men and women died differently while more men are killed in war, women experience violence, forced pregnancy, abduction sexual abuse and slavery. being infected with HIV/AIDS; The harm, horrible experience and shame women experience during Displacement is pervasive, their redress almost non existent. The situation of women in armed conflict has been systematically neglected and displacement taken for granted and prostitutions as survival strategy employed.

The Lome Peace Agreement was signed 7th July 1999 and the end of war peace and safety declared January 2002. This submission highlights many facets to the pain and suffering that violence in Sierra Leone caused to women and girls. These abuses are still occurring although within an altered political context. By raising these issues within TRC process we cannot simply put them behind us and assure that abuse of women has been neatly death within our past and reconciliation has occurred. Examining the conditions, which allow women to be harmed and violated should focus all our attentions in the need to eradicate this ongoing abuse. TRC must lift the veil of silence hanging over the suffering of women especially displaced women and must incorporate the struggle to end this suffering in the struggle for human rights in our country and work towards a vision of a transformed society and never again to go through the war situation.
We believe that the TRC process is not just aimed at healing our generation's pain. It is also aimed at setting in place the framework for the building of a human rights culture to be treasured by future generation.

REFERENCES

AASL (2001) Documentation of Action Aid Sierra Leone's Experience in Gender Mainstreaming. Freetown.
GRADOC (2001) Research Report on Sexually Abused Women and Children in Lokomasama Chiefdom ( Phase One), Gender Research and Documentation Centre (GRADOC) for Women's Forum, May 200'..
Goldblatt and Meitjes (1996) Gender and the Truth and Reconciliation Commission. A Submission to the Truth and Reconciliation commission in South Africa. May 1996
GOSL/UNICEF (1999) Situation Analysis of Women and Children in Sierra Leone April 1999.
Jensen (2002) Mental Health and Substance Abuse in Post Conflict Sierra Leone. WHO, October 2002.
MOGCA (1996) National Programme of Action. Ministry of Gender and Children's Affairs 1997 - 2001
MOSGCA (2001) National Policy on the Advancement of Women. Ministry of Social Welfare Gender and Children's Affairs. 2001.
NRC (2003) Amputee and War-wounded Housing Project, Norwegian Refugee Council, 2003:
PPASL (1998) Annual Report 1998. Planned Parenthood Association of Sierra Leone. Freetown
PPASL (1999) Report on Reproductive Health Services 1999.
PHR (1998) War-related Sexual Violence in Sierra Leone, Physicians for Human Rights, Boston. Washington D.C.
Rehn E and Hohnson Sirleaf E-(2002) Women War Peace The Independent Expert's Assessment. Progress of the World's Women 2002. Volume 1
' Convention on the Elimination of All Forms of Discrimination against Women, (CEDAW ) Article I
" The human rights of women: International Instruments and African Experiences Ed. Wolfgane Benedek, Esther M. Kisaakye and Gerd Oberleitner Zen Books Limited, London. p. 20
"' Paragraph 38 of the Declaration
" Respectively, paragraphs 57, 79, 105, 123, 141, 164, 189, 202, 229, 238, 252, and 272 of the Platform for Action.

Coalition for Women's Human Rights in Conflict Situations

SUBMISSION BY THE COALITION ON WOMEN'S HUMAN RIGHTS IN CONFLICT SITUATIONS TO THE TRUTH AND RECONCILIATION COMMISSION SIERRA LEONE
MAY 2003

The Coalition on Women's Human Rights in Conflict Situations is comprised of lawyers, legal scholars, women's rights activists and nongovernmental organizations concerned with international justice, whose mandate is to ensure that crimes against women are adequately examined and prosecuted. The Coalition seeks solutions to the invisibility of women's human rights abuses in conflict situations, to condemn the practice of sexual violence and other inhumane treatment of women as deliberate instruments of war, and to ensure that these are prosecuted as war crimes, torture, crimes against humanity, and crimes of genocide, where appropriate. Working at the local and international levels, Coalition members act as a resource for consultation and debate on substantive issues related to the integration of a gender perspective in post-conflict transitional justice systems. Coalition efforts also seek to strengthen international and regional capacity to monitor women's human rights conflict and post-war situations through the creation of appropriate mechanisms of accountability and the assessment of their transferability to other contexts.

This submission was drafted by Coalition members (in alphabetical order): Gaelle Breton-Le Goff, McGill Working Group on International Justice; Rhonda Copelon, International Women's Human Rights Law Clinic (IWHR), City University of New York School of Law; Isabelle Solon Helal, Rights & Democracy (International Centre for Human Rights and Democratic Development) and Binaifer Nowxojee, Harvard University Carr Center for Human Rights Policy; with the help of intern Karine Belair. The work of Human Rights Watch and Physicians for Human Rights is gratefully acknowledged and heavily utilized in this submission.

Members of the Coalition also include Jennifer Green and Ixene Baghoomians, Center for Constitutional Rights; Ariane Brunet, Rights & Democracy (International Centre for Human Rights and Democratic Development); Annie Bunting; Betty Murungi, Urgent Action Fund; Jane Rocamora, Harvard Immigration and Refugee Clinic at Greater Boston Legal Services; and Anne Saris, McGill Working Group on International justice.

INTRODUCTION
FK., a fifteen year- old girl was raped by the RUF in Lunsar in Port Loko district in May 2000 and witnessed the sexual mutilation of a pregnant woman as well as the killing of her three male relatives, and six amputations:
"I was raped when the RUF attacked Lunsar in May 2000 by four rebels including one man called "Put Fire, " who had made me his rebel wife from 1997 to 2000."

Rape of women in wartime is an act of hatred, dominance and violence that targets women's sexuality and gender roles. Women are generally treated as the property of the community the soldiers seek to conquer and subordinate. They are a form of "booty" rewarding soldiers for their bravery and to keep them fighting. Rape and sexual violence are also weapons of war serving military and political goals of the conflict. Through rape and sexual violence, one group of men assert their hatred of and masculinist superiority over women by inflicting unspeakable physical and emotional brutalities, isolating them through stigma and degradation, and rendering them, in some cases, incapable of reproduction or participation in family and community life. Rape and other sexual violence also humiliates and indirectly tortures, disrupts and destroys family relations, and the integrity and culture of the community. In some cases, the goal is genocide and ethnic cleansing; in others, it is conquest, subordination, terrorization, and social degradation. Combatants who rape in war often explicitly link their acts of sexual violence to their hatred of women and to the goals of destruction and domination of the community at large.

Sexual violence against women is one form of gender violence that can be committed against both men and women. Gender in international law refers to the differently constructed roles of men and women and the hierarchy of power between men in women in which the masculine is associated with power and superiority and the feminine with weakness, dependency and inferiority. The essential character of gender violence is an attack motivated by or intended to reinforce dichotomized and unequal gender relations, to strike at gender identity as traditionally constructed or to suppress resistance to traditional gender norms.

The Truth and Reconciliation Commission (TRC) has an important historic opportunity to fully examine and record the crimes of sexual violence that were inflicted against Sierra Leonean women during the conflict. Sexual violence has remained Sierra Leone's invisible war crime. Until recently, little attention has been paid either nationally or internationally to this human rights abuse, although sexual violence was committed on a much larger scale than the widely reported amputations for which Sierra Leone became notorious. The underreporting is a reflection of the failure of most observers, documenters, and the media to investigate and report the attacks on women. The lack of publicity is also the result of the subordinated status of women and girls in Sierra Leone that further disadvantages them and downplays their suffering. The stigma and internal shame that makes survivors unwilling to come forward publicly for fear of rejection by their family and communities is also another reason for the silence.

The TRC has an opportunity to rectify that neglect by ensuring an enabling testifying environment that will encourage rape victims to come forward with whatever comfort and privacy they may require. In writing up its findings, the TRC can ensure that the experiences of women during the war are fully reflected. In its consideration of rape and other sexual violence crimes, the TRC should frame its findings fully to take note of the expanding definitions in international law that are set out in this submission in order to avoid arcane formulations that may downplay or trivialize women's experiences during the war. Lastly, we urge the TRC to ensure that their recommendations to the Sierra Leonean government and the international community take into consideration the specific needs of the women survivors.

1. VIOLENCE AGAINST WOMEN DURING THE CONFLICT²
Isata, a young girl, was abducted and gang raped by rebels: "I was at home when they came and kidnapped me... They demanded money. My family has no money. They demanded Le 200, 000. 00 ($83.00) ... they said to my parents, come and see how we use your children. They undressed five of us, laid us down, used us in front of my family and took us away with them."³

This section is entirely based on the findings of Human Rights Watch, except when otherwise specified.

1. Sexual Violence Against Women During the Conflict
During the decade-long conflict in Sierra Leone from 1991 to 2001, thousands of women and girls were subjected to widespread and sexual violence, including individual and gang rape, and rape with objects such as weapons, firewood, umbrellas, and pestles. According to Human Rights Watch, the victims of rape were of all ages, ethnic groups, and socio-economic classes. The sexual violence was perpetrated by both the rebels and the government, but mostly by rebel forces. The rebels sought to dominate women and their communities by deliberately undermining cultural values and community relationships.

These crimes of sexual violence were generally characterized by extraordinary brutality and frequently preceded or followed by other egregious human rights abuses against the victim, her family, and her community. Child combatants raped women who were old enough to be their grandmothers, rebels raped pregnant and breastfeeding mothers, and fathers were forced to watch their daughters being raped. Women were made forced "wives" of combatants. Young women and girls whom the rebels thought were virgins were particularly targeted for rape and forced "marriage." Many of these younger victims did not survive these crimes of sexual violence. Adult women were also raped so violently that they sometimes bled to death or suffered from tearing in the genital area, causing long-term incontinence and severe infections. Many victims who were pregnant at the time of rape miscarried as a result of the sexual violence they were subjected to, and numerous women had their babies torn out of their uterus as rebels placed bets on the sex of the fetus.

Thousands of women and girls were abducted by rebels and forced into sexual slavery by their combatant "husbands." These abducted women and girls also remained vulnerable to sexual violence by other rebels. Many survivors were held for long periods by rebel forces and some even gave birth to children fathered by rebels. Some abducted women and girls were forcibly conscripted to fight and were given military training, but even within the rebel forces, women still held much lower status and both conscripted and volunteer female combatants were assigned "husbands." For civilian abductees, aside from sexual violence their brutal life with the rebels included being made to perform forced labor, such as cooking, washing, carrying ammunition and looted items, as well as farm work. Combatants within the rebel forces had considerable latitude to do what they wanted to abducted civilians, who were often severely punished for offences as minor as spilling water on a commander's shoes.

Escape for these women and girls was often extremely difficult: Intimidated by their captors and by the circumstances, these women and girls often felt powerless to escape and were advised by other female captives to tolerate the abuses, "as it was war." In some cases, the rebels made escape more difficult by deliberately carving the name of their faction onto the chests of abducted women and girls. If these marked women and girls were caught by pro-government forces, they would be suspected of being rebels, and often killed. Even though many women did manage to escape, some escaped from one rebel faction or unit only to be captured by another. An unknown number of women and girls still remain with their rebel "husbands," although the war was declared over on January 18, 2002.

In addition, women were the indirect targets of violence directed at their loved ones and their children. Women and girls were raped and sexually attached in front of their families, mothers, fathers, husbands, children, as a means of heightening the crime against them, torturing their loved ones and terrorizing the community.

2. The Prevalence of Sexual and Gender Violence in the Conflict⁴
In 2001, Physicians for Human Rights (PHR), conducted a population-based assessment of the prevalence and impact of sexual violence and other human rights abuses among internally displaced persons in Sierra Leone. PHR found that internally displaced women and girls in Sierra Leone have suffered an extraordinary level of rape, sexual violence and other gross human rights violations during their country's civil war, with half of those who said they came into contact with the Revolutionary United Front (RUF) forces reporting sexual violence. Approximately one of every eight household members (13 percent) reported one or more incidents of war-related sexual violence. Nine percent (94/991) of respondents reported war-related sexual violence.

Participants reporting war-related sexual violence related the following types of abuses: rape (89 percent), being forced to undress/stripped of clothing (37 percent), gang rape (33 percent), abduction (33 percent), molestation (14 percent), sexual slavery (15 percent), forced marriage (9 percent), and insertion of foreign objects into the genital opening or anus (4 percent). In addition, 22 (23 percent) of the women who experienced sexual violence reported being pregnant at the time of the attack with an average gestation of three months.

When the total number of war-related sexual violence incidents reported by the survey participants is extrapolated to the total female internally displaced population in Sierra Leone, some 50,000 to 64,000 Sierra Leonean internally displaced women may have suffered sexual violence. If non war-related sexual violence among females who are not internally displaced is added to the totals (assuming a 9 percent prevalence rate) for the internally displaced women, as many as 215,000-257,000 women and girls in Sierra Leone may have been affected by sexual violence.

3. The Perpetrators
The main perpetrators of sexual violence, including sexual slavery, were the rebel forces of the RUF, the Armed Forces Revolutionary Council (AFRC) and the West Side Boys, a splinter group of the AFRC. Over three hundred cases of sexual violence by the rebels were documented by Human Rights Watch; countless more have never been documented. From the launch of their rebellion from Liberia in March 1991, which triggered the war, the RUF perpetrated widespread and systematic sexual violence. The AFRC, which consisted of disaffected soldiers from the Sierra Leone Army (SLA) who in May 1997 overthrew the elected government of President Ahmad Tejan Kabbah, were also responsible for subjecting thousands of women and girls to sexual violence, including sexual slavery.

After the signing of the peace agreement in Lome, Togo, in July 1999, sexual violence, including sexual slavery, continued unabated in RUF-controlled areas and was also perpetrated by the West Side Boys, who operated outside of the capital, Freetown. The human rights situation worsened after the May 2000 crisis when fighting broke out again, until relative peace was re-established, with United Nations and British assistance, by mid-2001. The prevalence of sexual violence peaked during active military operations and when the rebels were on patrol. Even in times of relative peace, however, sexual violence continued to be committed against the thousands of women and girls who were abducted and subjected to sexual slavery by the rebels. No region of Sierra Leone was spared.

A limited number of cases of sexual violence by pro-government forces, the SLA and the militia known as Civil Defense Forces (CDF), the latter consisting of groups of traditional hunters and young men who were called upon by the government to defend their native areas have been documented by Human Rights Watch (HRW). Further, HRW has not documented any cases of sexual violence by the SLA occurring prior to 1997. This may in part be due to the fact that survivors would have often found it difficult to distinguish between rebel and government soldiers, as the latter frequently colluded with and disguised themselves as RUF forces. Sexual violence was committed relatively infrequently by the CDF, whose internal rules forbid them from having sexual intercourse before going to battle and who believe their power and potency as warriors depends upon sexual abstinence. Some of this internal discipline, however, was lost as CDF moved away from their native areas and traditional chiefs and were given more responsibility in national security. HRW has documented several cases of rape by the largest and most powerful CDF group, the Kamajors, who operate predominantly in the south and east.

There have been reports of several cases of sexual violence by peacekeepers with the United Nations Mission in Sierra Leone (UNAMSIL), including the rape of a twelve year-old girl in Bo by a soldier of the Guinean contingent and the gang rape of a woman by two Ukrainian soldiers near Kenema. There appears to be reluctance on the part of UNAMSIL to investigate and take disciplinary measures against the perpetrators. Reports of rape by peacekeepers with the Economic Community of West African States Monitoring Group (ECOMOG), the majority of whom were Nigerian, deployed at an earlier stage in the war, were rare. Both ECOMOG and UNAMSIL peacekeepers have sexually exploited women, including the solicitation of child prostitutes, whilst deployed in Sierra Leone.

4. The Context: Women's Second Class Status in Society
Women and girls in Sierra Leone are subjected to structural discrimination by practice, custom and law. They face discrimination in terms of education and employment, in the political arena, and in other walks of life. Both customary law, which governs the majority of the population, and general law, which was inherited from British colonial law and is primarily applied in Freetown, discriminate against women and girls in terms of family law, as well as property and inheritance rights. In addition, the provisions pertaining to rape under general and customary law offer inadequate protection. The misinterpretation of the complicated provisions of general law by the police and courts means, for example, that those who are alleged to have sexually assaulted a minor are generally charged with "unlawful carnal knowledge of a child," for which the sentence is lighter, rather than rape. Under customary law, the perpetrator is generally required to pay a substantial fine to the victim's family as well as to the chiefs. The victim may also be forced to marry the perpetrator.

The concept of sexual violence as a crime in itself is a very recent one in Sierra Leone's patriarchal society. Only rape of a virgin is seen as a serious crime. Rape of a married woman or a non-virgin is often not considered a crime at all: as in many countries, there is often a belief that the woman must have consented to the act, or she is seen as a seductress. The virtual destruction of Sierra Leone's already corrupt and inefficient court system and police force during the war, moreover, created a climate of impunity that persists, allowing perpetrators of sexual violence (as well as other crimes) to escape justice.

The lack of attention to conflict-related sexual violence means that few assistance programs have been established for women and girls who were subjected to sexual violence, including sexual slavery. Survivors not only live with the severe physical and mental health consequences of the abuses suffered, but also fear ongoing non-conflict- related sexual violence, largely perpetrated with impunity. Women have a crucial role to play at this critical phase in Sierra Leone's history, but they will only be able to contribute fully in a civic culture in which women and girls are respected as equal partners and gender-based abuses are not tolerated.

II. INTERNATIONAL CRIMES OF SEXUAL VIOLENCE
Bola N. said: "My first captivity was when the nine men raped me ... I was not assigned to just to one man, as long as you are good looking, you have intercourse with all of them."⁵

1. Historic Trivialization and Impunity
Sexual and gender violence against women and girls in situations of armed conflict has long constituted, in theory, a clear violation of international law. Nonetheless, rape until recently has been mischaracterized and dismissed by military and political leaders as a private crime or simply the unfortunate or inevitable behaviour of a renegade soldier. It has been trivialized and accepted precisely because it is so commonplace. Under a scheme of victors' justice, when all the belligerents do it, no one can be held responsible. Even when, for political reasons, the issue of rape has surfaced as an atrocity in the midst of conflict, it has most often been forgotten or hidden in its aftermath. Thus, until recently, impunity has been the order of the day. As the U.N. Special Rapporteur on Violence Against Women, Its Causes and Consequences emphasized: "[Rape] remains the least condemned war crime; throughout history, the rape of hundreds of thousands of women and children in all regions of the world has been a bitter reality."

Reversing this legacy remains the obligation of every transitional justice institution charged with examining or prosecuting crimes committed during conflict. It is critical to ensuring inclusive and non-discriminatory justice as well as to combating the stigma and blame that are at the core of the shame, isolation and abandonment suffered by women in post-conflict situations.

While rape has long been prohibited by international humanitarian law, it was written into the original international humanitarian convention, the 1907 Hague Convention, not as part of the violence of war, but as an offence against honour and dignity.⁷ This characterization is based, however, on the notion of women as property and sexual violence as a moral affront described in largely moralistic terms. The word honour thus alludes to chastity, sexual virtue and good name and refers equally to the honour of the male-husband or father-with whom the woman is related. Thus, the traditional view of rape as an offence against honour failed to recognize women with rights to autonomy and protection, and thus failed to treat rape and sexual violence as a crime of violence an attack on women's physical and mental integrity. The notion of honour also obscured the atrocious nature of the crime and further contributed to the widespread misperception of rape as an "incidental" or "lesser" crime by comparison to killing, torture or enslavement.

The London Charter did not include rape explicitly and the International Military Tribunal at Nuremberg, though hearing some evidence of rape, did not mention it in the Judgement.⁹ The Allied Powers in Germany had the authority to prosecute rape in the continuing war crimes trials of the Nazis, by virtue of Control Council Law No. 10, which named rape as a crime against humanity and thus illustrates that the severity of rape was fully recognized. But rape was never prosecuted. By contrast, even without explicit naming of rape in its Charter, the International Military Tribunal for the Far East did document and convict certain defendants for the blatant and widely publicized examples of mass rape, such as attended the Japanese conquest of Nanking and other cities. This reflected the understanding that rape was implicit in the named crimes of violence. But that Tribunal also completely ignored the extensive system of military sexual slavery known as the « comfort women)) system whereby over 200,000 women from Taiwan, Korea and the conquered countries of the Far East were forced to sexually serve the Japanese Army.¹¹ Thus, the failure to prosecute in the post-war Tribunals and War Trials lies not in the absence of adequate legal prohibitions, but in the international community's willingness to tolerate sexual abuse against women.

The post-war codifications of the laws of war in the Geneva Conventions did not build on even the limited steps taken by these war crimes trials. In the Fourth Geneva Convention, rape continued to be characterized as an attack on women's honour and the list of grave breaches or Common Article 3 do not refer explicitly to rape. 12 When, in 1977 in Protocol II, offences of sexual violence were explicitly included, they were again categorized as offences against dignity and honour or humiliating and degrading treatment and listed as rape, forced prostitution and any other form of indecent assault, » (emphasis supplied), 13 terms which in both context and language emphasized the moralistic nature of the offence carry-stigma for the victim. As a consequence, women, whether combatants or civilians, have been consistently targeted for sexual violence such as rape, sexual mutilation and sexual slavery, while for the most part their attackers go unpunished. In addition, women shoulder in painful silence the blame or dishonour that is the result.

Thus, although rape and sexual violence are, in fact, comparable in gravity to, and often constitute, torture, mutilation and enslavement, they have, with rare exception until recently, not been exposed or condemned or otherwise treated as equivalent to these other non-sex-specific violations. Recent developments in international law, including the adoption of the Rome Statute founding the permanent International Criminal Court and the jurisprudence of the ad hoc International Tribunals make clear that this is no longer acceptable. Care must be taken to fully include and emphasize the seriousness of sexual violence as well as to avoid arcane formulations in order to reverse the ingrained and discriminatory attitudes which are the product of historically discriminatory law.

2. Recent Developments: Accountability for Sexual and Gender Violence
Over the last decade, 14 women's human rights activists and the survivors of this violence have brought about a change in the treatment of rape and other forms of sexual violence. The 1993 World Conference on Human Rights in Vienna was a watershed. In the document that resulted, the world community recognised violence against women as a priority concern and noted particularly the need to end 9impunity for sexual violence in war and conflict. Subsequently, the charging practices and jurisprudence of the ad hoc Tribunal and the codification of sexual and gender violence crimes in the Rome Statute of the International Criminal Court provide the basis for examining and prosecuting these crimes as international crimes today.

The Ad Hoc Tribunal

The statutes of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) explicitly listed rape as a crime against humanity under their jurisdictions and have convicted defendants of these crimes. Both Tribunals have also prosecuted rape and sexual violence as war crimes and treated rape as torture and sexual violence such as forced nakedness as inhumane treatment. The ICTR, after initial resistance to investigate and charging rape prosecuted and adjudged rape as a crime of genocide in the case against Jean-Paul Akayesu, the former mayor of Taba commune in Rwanda. This verdict marked the first time an international court found rape to be an act of genocide. In 2001 in the Kunarac case involving the Foca prison, the ICTY convicted the Bosnian Serb defendants of rape as a crime against humanity and treated rape as also torture, and enslavement committed in Foca. The severity of rape and other forms of sexual violence has been emphasized have emphasized by the fact that in several instances, the ICTY has devoted entire cases exclusively to sexual violence.

The Rome Statue of the International Criminal Court

The gravity of rape and other forms sexual and gender violence and persecution and their rightful place among the gravest crimes of international dimension was settled in the negotiations for the permanent International Criminal Court (ICC). Largely as a result of the efforts of the Women's Caucus for Gender Justice, other committed non governmental organisation and delegates, the Rome Statute of the International Criminal Court (Rome Statute) lists a significant range of sexual crimes as both war crimes and acts constituting crimes against humanity. These include rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and any other form of [serious or comparable] sexual violence. In addition, the Rome Statute recognised persecution based on gender as a crime against humanity. Persecution consist of an 'intentional and severe deprivation of fundamental rights' by reason of one's group identity and thus embraces more than gender-based violence.

In addition to the explicit naming of these crimes of sexual and gender violence, the ICC encompasses the principle of 'gender integration' implemented by the ad hoc Tribunals, meaning that to avoid discrimination, these crimes may also be prosecuted as other non-sex crimes of violence. The subsequently negotiated annex to the Rome Statute entitled 'Elements of Crimes' (hereinafter ICC Elements) designed as a non-binding guide to the Court, which details the suggested elements for each crime, makes clear that crimes of sexual violence can also be prosecuted as other crimes of violence such as torture or mutilation, thus adopting the approach of the ad hoc Tribunals as well as further confirming the Akayesu determination that sexual violence can constitute acts of genocide.²² This process of treating sexual and gender violence as also constituting the non-sex specific crimes is crucial to avoiding the re-marginalization of sexual violence and the discrimination against women that creates the persistent and recurring efforts to minimize or ignore this violence. When, as is now the case, rape is clearly recognized and prosecuted as the crime of torture,²³ it is exceedingly difficult to pretend to justify a failure to vigorously investigate and prosecute it.

While the Rome Statute does not apply to the events occurring in Sierra Leone as the treaty is not retroactive, the Rome Statute represents a codification of the minimal international consensus as to the international customary norms and the core, or gravest, international crimes. These norms are, therefore, properly applicable by the TRC.

The Rome Statute also codifies as among the « general principles » applicable to the Court, the principle that the interpretation and application of the statute shall be consistent with human rights and non-discrimination based, among others, on grounds of gender. The principle against discrimination is a customary norm applicable to all proceedings and institutions, including this Truth and Reconciliation Commission.

It is worth noting here that, unfortunately, the Statute of the Sierra Leone Special Court (Special Court) ignores the more forward-looking position of the Rome Statute, and utilizes the wording of Article 4(2)(e) of the Additional Protocol II (referring to rape, forced prostitution, and any other form of indecent assault). This does not reflect the recent evolution of the international law. Even before the Rome Statute was concluded, the ICTY Prosecutor began charging rape as torture, a characterization based on the violation and assault of a woman's physical integrity rather than on moralistic nature (a violation of honour).²⁴ The Coalition for Women's Human Rights in Conflict Situations (Coalition) urges that the TRC, in its-consideration of rape and other sexual violence, avoid the arcane formulations of the past and acknowledge the expanding definitions of sexual violence under international law.

Threshold Requirements for the Core Crimes

As a result of these developments, perpetrators of rape and other forms of sexual violence must now be held accountable for rape and other sexual violence as a war crime, as crimes against humanity, or as acts of genocide, if this conduct meets the respective threshold elements of those crimes, as follows:

To constitute a war crime, an act of sexual violence against a civilian must take place in the context of and be associated with an armed conflict. ²⁵ It is important to note that one act of rape or sexual violence can constitute a war crime and that rape need not be committed during war or as a weapon of war to qualify as a war crime. It is sufficient if war provided the opportunity for the illegal conduct.²⁶ The perpetrator need only be aware of the context of war.

To constitute or be a part of crimes against humanity, there must be widespread or systematic attack on any civilian population. "The concept of `widespread' may be defined as massive, frequent, large scale action, carried out collectively with considerable seriousness and directed against a multiplicity of victims."²⁷ But massive or large numbers are not required; rather the attack may be widespread based on the proportion of the targeted population affected or the patterns repeated in different places. "The adjective `systematic' signifies the organized nature of the acts of violence and the improbability of their random occurrence, although systematic does not preclude that crimes against humanity can emerge spontaneously and proceed in an organized or patterned way. The patterns of crimes-that is the non-accidental repetition of similar criminal conduct on a regular basis-are a common expression of such systematic occurrence."²⁸ The attack constituting crimes against humanity need not be a military attack; nor need crimes against humanity be linked to war.²⁹ The Rome Statute includes the requirement that the attack be pursuant to or in furtherance of a state or organizational policy to commit the attack.³⁰ However, this requirement is not accepted in the jurisprudence of the ad hoc Tribunals.

In addition, the ICC requires that the perpetrator must be aware of the attack but need not know the details.³¹ The perpetrator "must have known or considered the possibility that the victim of his crime was a civilian"³². However, the mens rea element does not refer to the personal motives of the perpetrator and, except for the animus required by the crime of persecution, no specific intent or animus is required.³³

Sexual violence or gender-based persecution, if itself widespread or systematic, can constitute crimes against humanity. In addition, if it is a part of a broader range of crimes such as murder, torture and inhumane treatment, this violence will also constitute crimes against humanity. Thus it is not necessary that rape or sexual violence itself be widespread or systematic to constitute crimes against humanity. An individual can be responsible for a crime against humanity even if he or she commits one prohibited act with the required awareness of the larger attack. "As long as there is a link with the widespread or systematic attack against civilian population, a single act could qualify as a crime against humanity.... an individual committing a crime against a single victim or a limited number of victims might be recognized as guilty of crime against humanity if his act were part of the specific context [of an attack of the civilian]."³⁴

III. APPLYING INTERNATIONAL LAW TO THE SIERRA LEONE CONFLICT

1. The Applicable Thresholds.
With respect to the thresholds for war crimes and crimes against humanity, the interviews conducted with victims by Human Rights Watch and Physicians for Human Rights indicate that the sexual violence committed in Sierra Leone meets the elements of war crimes and crimes against humanity and, therefore, constitutes these international crimes.

As to war crimes, for example, there is no question that sexual violence against women was closely associated with war in that it occured as part of the rewards of war, and as a weapon of war-that is, of humiliation and degradation of women, and of the enemy men, and of the community. Further, the infliction of sexual violence was temporally related to the war and war provided the opportunity and sense of entitlement for the most grotesque and brutal forms of violence against women. Thus every act of sexual violence, having this association to war, constitutes a war crime.

The threshold for crimes against humanity appears also to be clearly met whether one examines the sexual violence in isolation from other aspects of the attack or as part of a larger attack. The Statute of the Special Court adopts the broad formulation of the jurisprudence and includes crimes committed "as part of a widespread or systematic attack against any civilian population.³⁵ As reported by the PHR Survey discussed in Part I of this statement, it is estimated that 9% of respondents suffered some form of sexual violence and that the individual crimes of sexual violence may have affected over 200,000 women and girls. Such numbers are not required to demonstrate crimes against humanity; but here they attest to the enormity of suffering. The prevalence and patterns of sexual violence; the testimonies indicating approval by those in the hierarchy, among other characteristics, also indicate that the sexual violence was not simply coincidental but rather systematically employed.

Thus it appears that sexual violence crimes alone constitute crimes against humanity. Alternatively, there is no doubt that the sexual violence crimes also constituted part of the larger attack on civilian populations in Sierra Leone.

2. The Sexual and Gender Violence Crimes
The Rome Statute and the Statute of the Special Court of Sierra Leone list the sexual crimes of rape, sexual slavery, forced pregnancy, enforced prostitution, enforced sterilization, and other sexual violence. While the Rome Statute includes these crimes as both crimes against humanity and war crimes, the Statute of the Special Court does not explicitly include enforced sterilization and Section 3 does not explicitly recognize any of these sexual violence crimes, except for the crimes of rape and enforced prostitution, as war crimes. Nonetheless, it is incumbent upon the TRC to consider all internationally cognizable crimes.

Based on the jurisprudence developed by the ICTR and the ICTY, and the Rome Statute and annexed Elements of Crimes, the following is a brief summary of the crimes applicable here. The examples documented by human rights groups are relentless. Below are a very limited number of examples that we anticipate will be reflected in various ways in the report of the TRC.

Rape³⁶
The ICTR and the Celibici Trial Chamber of the ICTY have defined rape as a physical invasion of a sexual nature.³⁷ The ICC Elements and other ICTY jurisprudence have added more detailed descriptions of the invasion.³⁸ Under the more detailed definition, rape involves penetration however slight of the vagina or anus by a penis, object or other body part or of any other body part by a penis. The definition of rape (as well as of forced prostitution and other sexual violence) includes a broad concept of force including threat thereof and coercion, "such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent."³⁹ Coercion can result from threats to harm the victim or to harm a third party, including but not limited to a family member, with the knowledge that it will operate as coercion for the victim. The force/coercion element is intended to be broad and the jurisprudence indicates that in certain circumstances, like for example, armed conflict, or the military presence of militiamen or combatants exercising, coercion may be inherent.⁴⁰ Thus, the presence of armed combatants in a village exerting temporary power and control would be sufficient to meet the coercive element. The Kunarac Trial and Appeal Judgments added that it is sufficient if shown that the invasion was against the woman's will.⁴¹

Examples of rape from Sierra Leone include:

- Vaginal, anal invasion and gang rape:
R.T. was about sixteen when she was brutally raped vaginally and anally by ten RLTF rebels in the forest near Koidu in Kono district in January 1997. "I was raped by the ten rebels, one after the other. They lined up, waiting for their turn and watched while I was being raped vaginally and in my anus. One of the child combatants was about twelve years. The three other child soldiers were about fifteen. The rebels threatened to kill me if I cried."⁴²

In terms of the element of force or coercion, the examples in Sierra Leone reflect both situations of both force and coercion. The Rome Statute, echoing the jurisprudence of the ad hoc Tribunals, provides in its Rules relating to evidence of sexual violence and applicable to rape and to other crimes of sexual violence, that even if the victim agrees or fails to object, rape is committed so long as the coercion undermines the victim's capacity to given genuine consent.⁴³ Sexual invasion of minors, so prevalent in Sierra Leone, is per se rape.⁴⁴

- Invasion by objects or body parts:
H.K., the sixteen-year-old Freetown student forced to be the wife of Colonel "Jaja," had an umbrella shoved up her vagina as part of the torture that followed her being accused by "Jaja" of stealing his money: "Once a boy named Junior came by and put his hand inside my vagina. He brought out his hand, which was all bloody and said, "Look at your blood, you're sick " All the civilians seeing this felt sorry for me, but of course they couldn't say anything."⁴⁵

J.M. described how rebels brought her into the village square, forced her to lie down and then poured boiling palm oil into her vagina and ears: "Several of them pulled her legs apart and held her tightly. They poured a pan of boiling palm oil into her vagina and then into her ears. This terrified us. She started shaking all over and was bleeding from the nostrils and mouth. While on the ground they struck her with a gun and danced around her saying, "When you were loving with the old man [Sankoh], you didn't show us any respect, but now your time for punishment has come. " She died about an hour later. The rebels said they were sent by Sankoh who was living in Kailahun about seven miles."⁴⁶

- Checking virginity:
Fatmata, 38 years old, witnessed young girls being given an examination to determine if they were virgins or not: "Inside the compound of the house next to where we were being searched, I saw five young girls between thirteen and sixteen, lying completely naked on the ground with one or two rebels holding each one by the arms, another two holding the legs apart and a female commander named Rose putting her fingers inside the vagina of each one to determine if she was a virgin or not."⁴⁷

Sexual slavery⁴⁸
The two essential elements unique to the crime of sexual slavery are the "exercise of any or all of the powers attaching to the right of ownership over one or more persons..." and the forced participation in one or more acts of sexual violence.⁴⁹ The ICC adds the requirement that this be accomplished by such acts as "purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty" which can include reducing a person to a servile status under international law or forced labor.⁵⁰ However, the requirement of a commercial element or the limiting definition of liberty in the ICC Elements have been decisively rejected by the Kunarac Appeal Chamber. The Coalition urges that the Appeal Chamber's approach, which identifies various indicia of slavery, none of which are mandatory, be utilized. For example, while confinement is an indicia of slavery, it is not required and the possibility of some free movement or escape does not obviate the enslavement condition. Sexual slavery is a form of enslavement identified by the fact that the perpetrator must cause the victim[s] to engage in one or more acts of a sexual nature.

Forced "marriage" is a form of sexual slavery as is the detention of women in "rape camps" or any circumstances under which women are subjected repeatedly to rape or the threat of rape or any other sexual violence. In Sierra Leone, as well as many other conflicts, women and girls were given as "wives" to commanders and combatants. These sexual slaves are widely referred to in Sierra Leone as "bush wives." When forced "marriage" involves forced sex or the inability to control sexual access or exercise sexual autonomy, which, by definition, forced marriage almost always does, it constitutes sexual slavery, as recognized by the Special Rapporteur for Systematic Rape, Sexual Slavery, and Slavery-Like Practices during Armed Conflict⁵¹

Examples of sexual slavery from Sierra Leone include:

- Detention: AJ, a fourteen-year-old student was abducted in Pujehun and tortured by the RUF from February to May 1994:
"I was put under the control of Commander Patrick, a Liberian. (...) Once, after the commanders had gone to the warfront, Neneh told one of our guards to open up the cage where I was being held and take me out. She said, "My husband is interested in you. If you accept him to have sex with you, I'll kill you, so be forewarned.""⁵²

- Abduction and forced "marriage":
H.K. testimony: She was assigned as the wife of "Jai a" and was so badly treated by him that even the other rebels sometimes tried to prevail on him to be less violent: "Jaja was already "married" to another abductee, and when she saw what he had done to me, she escaped. He always beat both of us. He used to sex me twice every night . He made me take his penis in my mouth. I tried to refuse him but he always threatened to kill me. He was actually an SLA soldier but had joined the RUF His CO. was Colonel Stagger, who used to criticize him for how he treated us. Colonel Stagger used to say, `Look, when we take these kids, we should take care of them and now you beat her for nothing. ' Jaja used to say it was not Stagger's business. Stagger's own abductees were treated pretty well. He never beat them."⁵³

Forced pregnancy⁵⁴
As a result of highly contentious negotiations, both the Rome Statute and the ICC Elements provide an excessively narrow definition of forced pregnancy: "The perpetrator confined one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law."⁵⁵ In the case of Sierra Leone, there are reported examples of women raped who become pregnant and were not permitted by their rapist or another to obtain abortion. In the view of the Coalition, the torture imposed upon a woman forced to bear a child of rape and/or under circumstances of enslavement and/or for the purposes of increasing the population available to the captor or for marking the identity of the ultimate child constitute violations of international law. The concept of "forced pregnancy," first articulated officially in the Vienna Declaration and Programme of Action⁵⁶ referred however to the confinement or other means of preventing pregnant women from obtaining abortion. The Coalition urges that the broader understanding of forced pregnancy be utilized by this Commission.

Examples of forced pregnancy from Sierra Leone:
IS., a 27 years old student who was abducted by the AFRC during the January 1999 invasion, tried to abort, but was unsuccessful:
"When I got pregnant I didn't tell my rebel husband for months. I asked a woman who knows about medicine to give me herbs to abort the baby, but it never worked and after my belly started to swell, he found out. He warned me that if I tried to flush the baby out, he'd kill me. He said he wanted the baby and that he hoped it would be a boy."⁵⁷

"M. W., the abducted nurse, also mentioned that medical personnel were instructed by a rebel doctor, Dr. Lahai, not to perform abortions, give birth control, or advise that traditional herbal treatments be taken, as the rebels felt that too many people had died and they needed to increase the population."⁵⁸

Enforced sterilization⁵⁹
The ICC Elements define enforced sterilization as follows: "The perpetrator deprived one or more persons of biological reproductive capacity" and "the conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent."⁶⁰ It includes acts committed upon women, including during the war in Sierra Leone, such as the removal of fetus, uterus, castration, destruction of reproductive organs, as well as medical sterilization without consent. Although this crime is not listed in the Sierra Leone Special Court Statute, mutilation of Sierra Leonean women that results in sterilization should be recognized as enforced sterilization at the same time as these acts also qualify as "other sexual violence." The numerous attacks reported against pregnant women, including the cutting the fetus out of a pregnant woman's uterus and the mutilation of her organs thus constitute enforced sterilization as well as mutilation and inhumane treatment.

Examples of enforced sterilization from Sierra Leone:

K.M. who was abducted during the 1997 attack on Kabala, witnessed the killing and sexual mutilation of a pregnant woman near Kono in Kono district:
"They captured a Koranko woman who was pregnant. Two RUF, Captain "Danger" and C. 0. "Cut Hand " argued about the sex of the child. They bet 100, 000 leones [approximately U.S. $50] on the sex of the child. Then they shot the woman dead and opened her belly. The RUF held up the baby with the placenta, which they shook in the air. The baby cried and then died. I wanted to run away but my husband said that the civilians would think that I was a rebel and that they would kill me."⁶¹

Sexual violence⁶²
Sexual violence as a war crime must be "serious" in dimension or, as a crime against humanity, of "comparable gravity" to the other crimes against humanity.⁶³ The ICC Elements define sexual violence to encompass both involuntary sexual assaults and sexual performance, and thus applies to coercion resulting in sexual entertainment or nakedness.

The scope of sexual violence is broad. As the Akayesu Trial Chamber opined, "[s]exual violence is not limited to physical invasion of the human body and may include acts which do not involve penetration or even physical contact."⁶⁴ It relates to the lack of sexual autonomy, which is violated wherever the person subjected to the act has not freely agreed to it or is otherwise not a voluntary participant."⁶⁵ It could include biological and medical experimentation of sexual nature or experimentation on reproductive capacities, sexual mutilations, harassment and threats of rape or other sexual violence. Forcing a woman to lick a penis (which might also constitute rape) or to perform sexual acts that are not rape, such cutting or sexual touching of the body or breasts are forms of sexual violence.

It should also be noted that most of what is sexual violence today was incorporated historically in the concept of offense against honour and humiliating and degrading treatment, now independently codified as a war crime in the Rome Statute, Article 8(2)(c)(ii).⁶⁶ The adoption of the clause describing the sexual violence crimes in the war crimes articles-"also constituting a grave breach of [or for non-international armed conflict, a "serious violation of article 3 common to the four"] Geneva Conventions"⁶⁷ was specifically intended to declare the status of the sexual violence crimes as comparable to the grave breaches, which are the most serious violations recognized under humanitarian law.⁶⁸ While sexual violence can be charged under both rubrics, it is important not to utilize the rubric of humiliating and degrading treatment to diminish the understanding that all forms of sexual violence, whether or not they involve touching, constitute physical and/or mental violence against the person. In sum, the Rome Statute rightly recognized the historic failure to treat sexual offenses as among the most severe violence and it named them explicitly as crimes of violence. As discussed below, the ad hoc Tribunals' jurisprudence has largely adopted this approach as well. For that reason, we do not separately consider humiliating and degrading treatment here.⁶⁹
Examples of Sexual Violence from Sierra Leone:

- Sexual cutting and mutilation:
A.J., a 14 years old girl:
"Two weeks later, the four young men managed to escape. When the rebels found out, they blamed us for what happened. They said the boys were really SLA soldiers that were there to get information on the RUF I was then tortured by a Liberian RUF commander named C.O. Rackin. He said I was "bright and bold " and must have known how they escaped. He interrogated me, asking me if the boys were SLA's. During the interrogation he cut me in twenty-one places with a knife including a deep cut on my left breast. He drew a small, small circle in the dirt and told me to step inside and walk around in it. Any part of my body left outside he stabbed with a knife ".⁷⁰

- Forced Nakedness:
J.M.'s testimony: "The RUF rounded up about seventy of us civilians, including Abi and Janneh, and accused us of making a plot to arrest Sankoh .... So Janneh was the first to be killed. The rebels grabbed her, stripped her and threw her down in front of the whole village"⁷¹

Fabian, twenty-one, and eight other women were brought into a room on January 21 and forced to strip naked in front of eleven rebels after a picture of President Tejan Kabbah was found in the parlor. She described how they were terrorized and humiliated for over two hours:
"As soon as the commander summoned us to the room he said, also you are Kabbah's children; the ones calling in the jets to bomb us. He then ordered us to strip naked and stand in a line in front of him with our legs spread two feet apart. I begged him to leave me as I had my three-month-old infant in my arms but he tore the baby from my arms and threw him against a wall."⁷²

3. Other Gender-Based Crimes Developed by Jurisprudence through Gender Neutral Qualifications
Sexual and gender based crimes constitute crimes against humanity through gender neutral qualifications when they meet all the elements of crimes of torture, enslavement, persecution, other inhumane act in crime against humanity (widespread or systematic attack, against civilians with the knowledge that the crimes constitute a part of the attack). This "gender-integrated" understanding of gender-based violence has been accepted by the ICTR and ICTY and is a critical protection against gender-based discrimination.

4. Gender-Based Persecution (Crime against humanity)
The Rome Statute includes gender as a ground of persecution in recognition of the significance of attacks targeted on the basis of gender at both women and men. Article 7(1)(h) identifies as a crime against humanity "[p]ersecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court".⁷³ Article 7(2)(g) then defines persecution as the "intentional and severe deprivation o f fundamental rights contrary to international law by reason of the identify of the group or collectivity." Article 7(3) then defines gender as "refer[ing] to the two sexes, male and female within the context of society." The second clause in this definition encompasses attacks directed against women because of their status or gender-dictated roles as well as because of any perceived resistance to that dictated role.⁷⁴

Article 2 (h) of the Special Court Statute does not, however, take into account the aforementioned provision of the ICC Statute, but rather adopts the wording of ICTR and ICTY Statutes. This is unfortunate, but again, it need not limit the scope of this Commission's consideration of the crime of persecution. We note as well that the ICTY jurisprudence clarifies the scope of the actus reus of persecution in recognizing rape as well as others physical assaults as a part of the crime.⁷⁵ Indeed, the bases of persecution are not fixed but must be considered in each context where an identifiable group or collectivity is targeted. To ignore gender-based persecution would be inconsistent with the general principle against gender-based discrimination.

The definition makes clear that the international crime of persecution includes but is broader than the infliction of violence upon a person.⁷⁶It includes as well restrictions on rights such as freedom from detention or custody, of movement, of the rights associated with security of person and family life, control of access to one's body or autonomy of the body as well as restrictions of rights of access to justice, health, education, and work, and freedom of political opinion and religion. "It is not an individual act, but rather their cumulative effect that matters."⁷⁷ There is no question that the combination of sexual and gender violence and the ongoing threat of forced marriage, rape and other sexual violence alone resulted in the intentional and severe deprivation of fundamental rights constituting gender-based persecution in addition to other grounds of persecution.

It is worth noting that in the Sierra Leone conflict, in addition to rape and sexual violence directed at women, the brutal attacks on children, pulled from women's protection, was a form of gender violence. Violence designed to feminize and thus humiliate men, such as raping women or daughters in front of them is a form of gender violence directed at both the men and the women or girls. The abduction and conscription of young boys designed to prevent them from growing up into enemy soldiers was a form of gender violence.

While this testimony focuses on the gender violence directed at women, it is important that the TRC also give attention to the manifold aspects of gender violence perpetrated in this conflict.⁷⁸

IV. INTEGRATING SEXUAL AND GENDER VIOLENCE INTO NONSEX-SPECIFIC CRIMES
It should already be clear that rape and other forms of sexual and gender violence also constitute acts which meet the criteria of other non-sex-specific crimes such as torture, mutilation, enslavement, and inhumane or cruel treatment. As discussed above, it is important for the TRC to emphasize the applicability of these crimes as it assists in countering deeply engrained cultural and legal attitudes that tend to minimize rape and sexual violence. In addition, the recognition of the crimes against women in Sierra Leone as among those long universally accepted as the most grave also tends to assure to the survivors the full measure of both dignity and equality to which they are entitled. Accordingly, in this part, the Coalition provides brief discussion of their applicability.

Torture (crime against humanity and war crime)
In the international criminal instruments, the crime of torture is codified as both crimes against humanity (Art. 7 (1) (f) of the Rome Statute and Art. 2(f) Special Court Statute) and war crimes (Art 8 Rome Statute and Art. 3(a) Special Court Statute). In the Rome Statute, the actus reus of torture as a crime against humanity requires only the "infliction of severe physical or mental pain or suffering on one or more persons... [who] were in the custody or under the control of the perpetrator." Torture as a war crime requires in addition that the severe pain or suffering be "for such purposes as: obtaining information or a confession, punishment, intimidation or coercion for any reason based on discrimination of any kind." In this sense the latter definition is more similar to the purpose requirement contained in the UN Convention Against Torture and Other Cruel Treatment or Punishment⁷⁹ It should be noted that the purpose requirement is not a specific intent requirement, but is to be objectively determined as was originally intended to broaden beyond interrogation the recognized goals of torture. It should be noted as well that the right of not to be tortured is one of the fundamental rights of a nonderogable nature, i.e. it is a jus cogens norm.⁸⁰

Rape and other forms of sexual violence also constitute torture under human rights and humanitarian law. This is not only clear from the horrific examples provided heretofore, but it has been recognized explicitly in the ICTY and ICTR decisions as well as in the Rome Statute, as discussed above. Most recently the Kunarac Appeal Chamber made clear that the severity of pain and suffering inflicted by rape constitutes torture. It should be noted that, despite error in an early ICTY opinion, there is no longer any requirement [as is required by human rights law] that the person committing the torture have official status when the torture is committed in the frame of war or crimes against humanity.

It must also be underscored that torture may be inflicted against a person through the infliction or threat of infliction of sexual or other violence on a third person. When children or spouses or parents are sexually threatened or assaulted in front of another family member, that is recognized as a form of torture. Thus in Sierra Leone, it is torture when daughters, including virgin daughters, are raped in front their fathers or mothers, when a breastfeeding woman is raped in front of her husband and children, when a post-menopausal woman is raped in front of her son. It has also been judged that forced observance of sexual violence inflicted on a woman engaged with a man caused him severe physical and mental suffering.⁸¹ Torture is also committed when family members are killed while others are forced to observe. The seizing of a child from its mother and killing it in front of her is also a particularly gendered form of torture, targeted as it is at her role as mother.

Examples of sexual and gender violence as torture from Sierra Leone:
One woman also reportedly had pepper put in her vagina as the RUF suspected her of being the wife of a SLA soldier. Rebels inserted burning firewood into the vagina of twenty-five-year-old F.T. and another woman during the January 1999 invasion of Freetown:
"Once we were on the ground all the rebels surrounded us, and a tall rebel well over six feet went to the kitchen of Parliament House and took a piece of burning firewood from the fire. He then squatted down and with his two hands inserted it into my vagina. Then he returned to the fire and got another piece and then a third. I felt like I was being stabbed inside. (...) He did the same to the other woman. While they did this to us, I heard them say "This is the way we are going to fuck you. We are not able to do to you half of the things we do to people in the provinces. You bastard civilians, you hypocrites; as soon as you see ECOMOG, you start to point fingers at us."⁸²

Later in the same year, K.M.'s baby was killed in front of her in Kambia district by a rebel captain who wanted to rape her: "Captain "Danger" pulled my baby from my back and before I could do anything he sliced my child in two. I was told not to cry as otherwise I would be killed as well.⁸³

S.G., a fifty-year-old widow, was raped by a teenage rebel called Commander "Don't Blame God" and subsequently had both arms amputated in Mattru village in Bo district prior to the 1996 elections:
"Commander Don't Blame God said: "I have a letter for you but wait for the cutlass man to come. " Then the one with the machete came and told me to put out my left arm. It took them three chops with the cutlass to cut off my arm. After this I begged them not to cut my other arm but they struggled with me and a rebel held it down and cut it off. The cutlass man said, "We belong to Foday Sankoh 's group." Then one of them took my left arm and put it under my vagina and kicked me twice in the vagina ... very, very hard."⁸⁴

Enslavement (crimes against humanity)
Enslavement is named as crimes against humanity (Art. 7 (1) (c) Rome Statute and Art. 2(c) Special Court Statute). It is also prohibited by numerous international human rights and humanitarian law instruments and is one of the original universally condemned crimes under customary international law. Likewise enslavement is a jus cogens violation.⁸⁵

The sexual form of enslavement is now codified as "sexual slavery." Beyond that enslavement takes many forms, some of them gendered. Young girls and boys, men and women can be enslaved in one of many ways: in domestic labour, mining, arms factory, de-mining and medical experiments. It becomes a gender crime when an individual is enslaved because of his/her particular function in the society: women used for domestic labor (cooking, washing, cleaning, serving, educating children), men for transport or fighting, young girls for spying, girls and women for sex and reproduction.

In the Kunarac Judgement, the ICTY recognized that both forced domestic labour and sexual services of women and girls constituted enslavement⁸⁶ The essential element of enslavement is, as discussed above the exercise of any or all of the powers attaching to the right of ownership. The indicia have been elaborated by the Kunarac Appeals Chamber and include restriction or control of an individual's autonomy, restriction of freedom of choice or freedom of movement, extraction of forced or compulsory labor or service, often without remuneration though not necessarily, involving physical hardship; sex; and human trafficking. Enslavement may be accompanied by a claim of exclusivity; torture, cruel treatment and abuse, including sexual; and other means of psychological as well as physical control. Enslavement does not require a showing of non-consent since the exercise of free will by the victim may be irrelevant or impossible because of the coercive environment. It also does not require detention or the absence of any avenues of escape. It may also be the product of a commercial exchange but this is clearly not required.⁸⁷

Examples of enslavement from Sierra Leone:
See M.P. testimony telling that she was abducted and confined in a RUF camp from until February until May 1994: "Two weeks later, the four young men managed to escape. When the rebels found out, they blamed us for what happened. (...) Then a commander called Momoh Rogers, who was the battalion commander, ordered that my cousin and I be put in a wooden cage smaller than one square meter. He said that if our brothers who had gone to tell the SLA came to attack, it would be very easy for them to kill us. The cage was what the village people used to store their husk rice in and it had almost no ventilation. We were only let out to defecate. They told me I had to pee on myself in the box. They poured water into the cracks but it was never enough and was dirty. Sometimes they dropped cassava and boiled bananas into the cage, feeding us like we were animals. The stab wounds I had got infected and I got sores all over my body. They were painful and smelled very badly."⁸⁸

The crimes committed during the detention of this girl could also be qualified as torture and eventually as other inhumane acts.
See also examples and testimonies above in the sexual slavery section of this submission.

Other inhumane acts (Crimes against humanity)
Other inhumane acts are also categorized as crimes against humanity (Art. 7(1)(k) Rome Statute and Art. 2(i) Special Court Statute) and encompass acts that are of similar gravity and seriousness by comparison to the enumerated crimes. These will be acts or omissions deliberately cause serious mental and physical suffering or injury or constitute a serious attack on human dignity."⁸⁹ Such acts need not amount to the severity of torture although the distinction is not a clear one and needs to be examined in context. To the extent there are serious sexual and gender crimes that are not mentioned in the Special Court Statute (e.g. enforced sterilization and gender-based persecution), they would clearly qualify as other inhumane acts. The perpetrator need not intend the suffering but only know that the acts will cause such suffering.

Examples of other inhumane acts:
See A.J. testimony as cited above: "He interrogated me, asking me if the boys were SLA's. During the interrogation he cut me in twenty-one places with a knife including a deep cut on my left breast."⁹⁰
See Katmara B. testimony: "At this point we were given guns and cutlasses, and told that we were to go and cut hands off."⁹¹
See F.K. testimony: "They bet on the sex o the baby so they decided to check it. Kill Man No Blood split open her belly. It was a boy. One of the other rebels took the baby out and showed everyone that it was a boy. The baby was still alive when he threw it on the ground next to the woman but died shortly after"⁹²

Mutilation (war crime)
The crime of mutilation has been listed as a war crime by Art 8(2)(c)(i) of the Rome Statute and the ICC Elements explain mutilation as permanent disfigurement or permanently disabling or removing an organ or appendage under circumstances that are not medically justified. ICC Elements, Article 8(2)(c)(i)-2. Consequently, sexual mutilation includes disfiguring or removing a woman's breasts, face or other part of the body; removing the uterus or fetus of a women; burning and cutting sexual organs and breasts, burning and cutting the vagina. It is clear that the reported cases of cutting open women to remove the fetus constitute mutilation as well as torture and enforced sterilization.

Cruel treatment (war crime)
Cruel treatment involves an act or omission that knowingly causes serious mental or physical suffering or injury, or constitutes a serious attack on human dignity.⁹³ Treatment that does not meet the purpose requirements of torture may constitute cruel treatment.⁹⁴ For example, the following acts constitute "cruel treatment": forced nakedness and terrorizing and threatening physical and sexual violence.

V. INTERNATIONAL HUMAN RIGHTS LAW
Many elements of international human rights law relate to sexual violence and to crimes that target women and girls in a discriminatory manner.

Article 9(1) of the International Covenant on Civil and Political Rights (ICCPR), for instance, provides that: "Everyone has the right to liberty and security of person." The ICCPR (article 3), like many other human rights instruments, is explicit in affirming "the equal right of men and women to the enjoyment" of all rights it covers. The ICCPR as well as the Convention against Torture and Other Cruel Inhuman and Degrading Treatment or Punishment (CAT) prohibit torture under all circumstances. Article 1 of the convention defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person .... when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is the only major UN human rights treaty devoted to the equality of women. It was adopted by the United Nations in 1981 and is monitored by the Committee on the Elimination of Discrimination Against Women, usually known as the CEDAW Committee. CEDAW defines violence against women as a form of gender-based discrimination. In 1992, the Committee affirmed that both public and private forms of violence ("all forms of discrimination") against women are human rights violations in the CEDAW Committee's Recommendation 19, which establishes the links between violence and discrimination. CEDAW reinforces state responsibility in ensuring "without delay" that any "act or practice of discrimination against women" be stopped (article 2(d)). The CEDAW Committee has enumerated a wide range of obligations of states related to combating sexual violence, including ensuring appropriate treatment for victims in the justice system, counseling and support services, and medical and psychological assistance to victims. CEDAW also has an Optional Protocol, which is a mechanism that offers victims of rights violations the possibility of real remedy in two ways: through a complaints procedure (Article 2) which allows individual women and women's groups to file a complaint directly to the Committee; and, through an inquiry procedure (Article 8), which enables the Committee to initiate direct inquiries and seek information to verify complaints of systematic CEDAW violations in a state party. It also establishes a followup procedure where governments may be required by the Committee to submit a progress report on remedial efforts taken regarding complaints (Article 9). However, domestic remedies must be exhausted before a complaint can be submitted to the Committee.

In a significant development in 1993, the United Nations General Assembly adopted the Declaration on the Elimination of Violence against Women" (A/RES/48/104, December 20, 1993, issued on February 23, 1994) in which it declared that prohibiting gender discrimination included the elimination of gender-based violence and that all nation "should pursue by all appropriate means and without delay a policy of eliminating violence against women." While not technically, binding, the resolution is increasingly regarded as a source of customary international law. In Article 1, it defines violence broadly: "Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.' The Declaration specifies particular forms of violence as encompassed in the definition: violence within families, including sexual abuse of children, dowry-related violence, marital rape, female genital mutilation and "other traditional practices harmful to women"; violence in the general community such as sexual harassment and intimidation in the workplace and educational, institutions; and all forms of violence perpetrated or condoned by the State. Further, it explicitly recognizes that women in situations of armed conflict are especially vulnerable to violence. One major obstacle to women's equality worldwide has been the tendency for nations to invoke "traditional values" as a justification for discrimination against women. The Declaration makes a strong stand against arguments of "cultural relativism" in the context of violence against women. Article 4 states that "States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination." Article 4 (c) also urges states to take all appropriate measures to eliminate violence against women, whether perpetrated by the state or private actors in the home or in the community.

The Declaration analyzes violence against women, not as the result of individual acts of aberrant behaviour, but as a "manifestation of historically unequal power relationships between men and women." It states that "violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men." The Declaration implies that violence both contributes to, and maintains, women's inequality and that its eradication will require fundamental societal restructuring.
Article 19(1) of the Convention on the Rights of the Child (CRC) requires states parties to protect children from "all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse." States are also enjoined to provide special protection and assistance to a child "temporarily or permanently deprived of his or her family environment" (article 20(1)). A child's right to "such measures of protection as are required by his status as a minor" is also guaranteed by the ICCPR (article 24 (1)).

The African Charter on Human and Peoples' Rights guarantees the "elimination of every discrimination against women ...and protection of the rights of the woman and the child" as well as the right to integrity of one's person, the right to be free of "all forms of exploitation and degradation .... particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment" (articles 3,4 & 5).

VI. CONCLUSION
The above-described sexual violence crimes committed against women and girls continue to haunt the survivors long after the abuses are committed, leaving lasting scars on the physical and mental well-being of survivors. Other related consequences of the war that women suffer include loss of family members, stigma and loss of social position, poverty, and shortages of food, water, clothing, shelter, health care and sanitation.

Additionally, it is foreseeable that an armed conflict such as the one in Sierra Leone, involving widespread sexual violence, will serve as a vector for sexually transmitted disease. A World Health Organization report found an alarming high prevalence rate of HIV/AIDS amongst Sierra Leone Army soldiers. Some sexual violence victims are sure to have been infected by the virus, given that the probability of the transmission of HIV and other sexually transmitted diseases is greatly increased during violent sex. In addition, in post-conflict situations, women continue to remain marginal and vulnerable to violence and exploitation, be it by former perpetrators still in the community, within community or in the domestic sphere.

The relative lack of attention paid to the widespread and systematic acts of sexual violence, sexual slavery and their consequences means that there are few assistance programs for survivors. The international community and the government of Sierra Leone need to drastically increase funding to ensure that desperately needed health care, education, adult literacy, skills training, trauma counselling, and income-generating schemes are provided. Rape and other forms of violence against women continue to remain largely unpunished in the domestic legal system. The TRC can play a role in pushing for the government and international community to meet the urgent needs of the women survivors.

VI. RECOMMENDATIONS TO THE TRC

Acknowledgment of the Crimes Committed during the Conflict

• The final report of the TRC should document and highlight the full range of sexual violence crimes committed against women during the Sierra Leone conflict and the fact that these crimes were widespread and systematic. Additionally, the TRC should seek to identify all the perpetrators responsible for this violence, including rebel forces, government soldiers, civil defence militias, and U.N. peacekeepers.
• The TRC should recognize that the sexual violence directed against Sierra Leonean women represent a crime under international humanitarian and human rights law. It is important for the TRC to identify these international sexual violence crimes as a step toward countering the deeply engrained cultural and legal attitudes that tend to minimize rape.

Public Education

• Ensure that the TRC findings are accessible and disseminated, in various formats, to the Sierra Leonean population in all areas of the country. A public education campaign on the report's findings should be designed in collaboration with civil society. Through this public education campaign, the TRC should promote public awareness of women's rights and gender issues using media, mobile community outreach teams, information resource centers, plays, videos, cartoons, among other means.

Assistance to Survivors

• Recommend that the government implement the plan to create the special fund for war victims-which the parties to the Lome Peace Agreement made a commitment to establish-and that priority be given to the reparation and rehabilitation of sexual violence survivors, among others.

Make Recommendations to the Government of Sierra Leone

• The TRC report should make recommendations to the Sierra Leonean government to address and strengthen the promotion and protection of women's human rights, including:

Regarding Women's Rights

• As a priority, the government should take steps to uphold women's human rights. The judiciary, police, security forces, prosecutors and staff of local courts in Sierra Leone should receive human rights and gender training.
• All necessary measures should be taken to ensure that former rebels release all women and girls abducted during the armed conflict who continue to be held, and provide them with the necessary social and economic options to enable them to leave these often abusive relationships.
• The government of Sierra Leone should establish an inter-ministerial task force with representatives from nongovernmental organizations to deal with the conflict-related sexual violence and related current problems facing women, with the aim of improving the legal, medical and social responses to women's and girls' needs.

Women and the Law

• The Sierra Leone legal system should be reformed from a gender perspective, to ensure that the domestic laws and courts are not discriminatory and meet international human rights standards. In particular, to combat impunity and work toward changing societal attitudes toward sexual violence, the government of Sierra Leone should: Revise or revoke existing laws (general, customary and Islamic) that discriminate on the basis of gender, and ensure that they meet international human rights standards. The necessary steps to amend the constitution must be taken to remove the provision exempting personal law and customary law from the prohibition on gender-based discrimination. Provide training on these new laws for the judiciary, police, prosecutors, and staff of local courts, and more generally, ensure that human rights education, including women's rights, be made an integral part of training of health, legal, education, military and law enforcement professionals.
• Strengthen the capacity of its police force and judicial system adequately to address cases of sexual violence including rape. Efforts should include the recruitment of female police officers, training in appropriate means of obtaining evidence, development of procedures that protect the rights and privacy of victims, protection for victims and witnesses, development of forensic capacity, and social services.
• Work with professional organizations and international experts to establish gender-based violence reporting procedures that are effective, sensitive, and that protect victims.
• Repeal the provision in the 1999 Lome Peace Agreement Act that grants amnesty to all warring parties, so that individuals who committed acts of sexual violence (and other crimes) during the war may be prosecuted in the domestic courts.
• Establish an independent national human rights commission as provided under the Lome Peace Agreement that will contribute to the promotion and protection of human rights beyond the lifespan of the Special Court for Sierra Leone and the Truth and Reconciliation Commission.

Women's Health

• Ensure that sexual violence survivors receive the assistance and help they need in order to achieve a maximal rehabilitation in society. Special attention should be paid to the needs of sexual violence survivors.
• Prioritize the nationwide establishment of free reproductive health clinics for women and girls that can provide testing and treatment for sexually transmitted diseases, including HIV/AIDS treatment, along with other services.
• Establish programs (medical care, trauma counselling and mental health programs) that will help to rehabilitate the survivors of sexual violence and provide them with desperately needed assistance. The government of Sierra Leone must redress its neglect of survivors' protection needs by drastically increasing funding and encouraging donor funding for this purpose.
Increase the number of female clinicians/health care workers and to increase the number of health care workers trained in women's health.
Formulate and execute a national strategy to address HIV/AIDS to facilitate treatment and prevention, and to encourage donor funding to support those efforts.
Women and their General Rehabilitation into Society
• Establish earmarked assistance programs for women in the areas of education, jobs/skills training, and income-generating schemes.
• Strengthen women's civil society groups through capacity building and leadership training.
• Take special efforts to encourage community acceptance of both rape survivors and their children as they reintegrate into society, while ensuring that the physical, emotional and economic well-being of the children born as a result of rapes are protected. • Engage in a nationwide public awareness campaign, in collaboration with women's groups, in order to educate women, men and youth on issues relating to sexual and domestic violence against women and to women's rights. This could include promulgation of information through radio.

Make Recommendations to the International Community

• The TRC report should make recommendations to the international community to address and strengthen the promotion and protection of women's human rights, including:
• Urge the international community-the U.N., donor governments and humanitarian organizations-to provide technical and financial support to the Sierra Leonean government and civil society groups for legal reform and training and assistance to sexual violence survivors. In particular, prioritize initiatives directed at women including legal reform, increased judicial and police capacity to respond to the problem of sexual violence, reproductive health, and skills training. Call on the international community to assist and develop the capacity of Sierra Leonean civil society organizations promoting women's rights.
• Ensure that Security Council Resolution 1325 on Women, Peace and Security requiring greater involvement of women in all peacekeeping and peacebuilding measures is implemented by the peacekeeping operation in Sierra Leone. Ensure that the peacekeepers include women in all aspects of planning for peace, humanitarian relief efforts, demobilization, reintegration and rebuilding and support local organizations working to promote women's full participation and rights. Take steps to discipline and hold accountable any peacekeeper responsible for sexual violence, abuse or exploitation of Sierra Leonean women.

ENDNOTES
¹ Human Rights Watch, "We'll kill you if you cry ", Sexual violence in the Sierra Leone Conflict ", January 2003, p.35. (hereinafter HRW report, "We'll kill you if you cry").
² Note that this section is entirely based on the findings of Human Rights Watch, except when otherwise specified. See HRW report, "We'll kill you if you cry ", supra note 1, pp. 3-5.
³ Physicians for Human Rights, "War-related sexual Violence in Sierra Leone: a Population Based Assessment", January 2002, p. 78, available on http://www.phrusa.org/ hereinafter PHR report).
₄ The statistics reported below are taken from PHR report, Ibid, pp. 1-3. ⁵ PHR report, supra note 4, p. 65.
⁶ Preliminary Report submitted by the Special Rapporteur on Violence against Women, its Causes and Consequences, Commission on Human Rights, Fiftieth Session, November 1994, U.N. Document E/CN.41995/42, p. 64.
⁷ See, for example, Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulation concerning the Laws and Customs of War on Land, 18 Oct. 1907, 3 Martens Nouveau recueil (Ser. 3), 461, art.46, 187 Consol. T.S. 227 (entered into force 26 Jan. 1910) art. 46: "Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected."
⁸ Article 6( c) states that crimes against humanity are "Atrocities and offences, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, or other inhuman acts conunitted against any civilian population or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal whether or not in violation of the
domestic law of the country where perpetrated." The Nuremberg Charter, as amended by the Berlin Protocol, 59 Stat. 1546, 1547 (1945), E.A.S. No. 472, 82 U.N.T.S. 284
⁹ Trial of the major war criminals before the International Military Tribunal, Nuremberg, 14 November 1945-1 October 1946, Vol. XXII (1947-1949) 49.
¹⁰ Allied Control Council Law No. 10, 20 Dec. 1945, (Official Gazette of the Control Council of Germany), No. 3, 22. See generally Diane Orentlicher, "Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime," The Yale Law Journal (New Haven, CT), vol. 100, no. 8, June 1991, p. 2537.
¹¹ See the Women's International War Crimes Tribunal on Japan's Military Sexual Slavery, Judgement on the Common Indictment and the Application for Restitution and Reparation, (Tokyo, 2000), delivered at The Hague, The Netherlands, 4 December 2001.
¹² Article 27 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3516, 75 U.N.T.S. 287. (Geneva Convention IV) prohibits "any attack of [women's] honour, in particular against rape, enforced prostitution, or any form of indecent assault." Common art. 3 (1) c) refers to " outrages upon personal dignity, in particular humiliating and degrading treatment", whereas art 147 describes grave breaches.
¹³ While Common Article 3 to the Geneva Conventions, applicable to internal armed conflict left rape implicit, Protocol II to the Geneva Conventions forbids rape explicitly, but characterizes it as « outrages upon personal dignity » comparable to « humiliating and degrading treatment » rather than as a physical assault. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, opened for signature December 12, 1977, Article 4.2(e), 1125 UNTS 3, 16 ILM 1442 (1977) [Protocol 11].
¹⁴ Declaration and Programme ofAction, UN World Conference on Human Rights, adopted in Vienna on June 25 1993, A/Conf. 157/23 . Even the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) adopted in 1979, has no specific provision on violence against women. In 1985, the Nairobi Forward-looking Strategies had acknowledged the problem of violence against women, and urged governments to respond, but there was no explicit recognition that violence against women is a human rights issue. In the years following Nairobi, the issue of violence against women received consideration within the ECOSOC, particularly by the Commission on the Status of Women. In addition, in 1992 the Committee on the Elimination of Discrimination Against Women, the body created to monitor the CEDAW, adopted a general recommendation on "Violence against Women" (CEDAW General Recommendation 19). It stated that "the definition of discrimination includes gender-based violence" and that "gender-based violence ...seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men". While CEDAW has extended the notion of discrimination to include violence against women, the impact of its work is largely confined to those nations that are parties to the Convention.
¹⁵ The Prosecutors of the ICTY have issued indictments treating rape as a crime against humanity in, for example, Prosecutor v. Meakic and Others, Indictment as amended 2 June 1998, Case No IT-95-4; Prosecutor v. Jankovic and Others, Indictment Case No IT-96-23, as amended 7 Oct 1999; for the ICTR, see for example Prosecutor v. Semanza, Indictment, Case No ICTR-97-20.
¹⁶ FurundzUa and Celibici Judgments, supra note 15; Prosecutor v. Drago jub Kunarac, Radomir Kovac and Zoran Vukovic, IT-96-23& IT-96-23/1-A, Appeal Chambers, 12 june 2002 (hereinafter, Kunarac Appeal Judgment); on rape as torture and forced nakedness as inhumane treatment, see Prosecutor v. Jean Paul Akayesu, Trial Judgment, Case ICTR-96-4-T, Ch.I, 2 sept 1998 (hereinafter, Akayesu Trial Judgment) para. 687 and 697.
¹⁷ Furundzija Judgment, supra note 15; Kunarac Appeal Judgment, ibid.
¹⁸ Rome Statute of the International Criminal Court, 17 July 1998, UN Doc. No. A/CONF.183/9, 37 LL.M. 999, entered into force on July 1 2002,(hereinafter Rome Statute). For discussion of the negotiation of the sexual and gender crimes, see Cate Steams, "Gender Issues" in Gender Crimes in R Lee ed, The International Criminal Court: the Making of the Rome Statute-Issues, Negotiations, Results, The Hague. Kluwer Law, 1999; Rhonda Copelon, "Gender Crimes as War Crimes: Integrating Crimes Against Women into International Criminal Law" (2000) 46 McGill L.J. 217; Barbara Bedont, "Gender Specific Provisions in the Statute of the International Criminal Court", in F. Lattanzi, W. Schabas (eds), Essays on the Rome Statute of the ICC, Naples, Editoriale Scientifica, 1999.
¹⁹ Rome Statute, ibid, Article 7(1)(g) and Article 8(2)(b)(xxii) and 8(2)(vi)(e). '01-bid., Article 7(1)(h) and 7(2)(g).
²¹ Ibid., Article 9. Elements of Crime, U.N. Doc. PCNICC/2000/1/Add.2 (2000) (hereinafter ICC Elements).
²² See Introduction to ICC Elements, ibid., para. 9 and article 6 (genocide). We have not studied the crime of genocide in this statement to the TRC since we believe that the crime was not committed in the context of the Sierra Leone conflict.
²³ Kunarac Appeal Judgment, supra note 18.
²⁴ See ICTY, Prosecutor v. Anto Furundzija, Case No IT-95-17/1, Judgment (10 Dec 1998) (hereinafter, Furundz~a Judgment) and Prosecutor v. Delalic and Others, Case No IT-96-21, Judgment (16 Nov 1998) (hereinafter Celibici Judgment) , where sexual violence was charged as torture.
²⁵ Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, Trial Judgment, Case IT-96-23T, 22 Feb 2001, para. 487 (hereinafter Kunarac Trial Judgment); Kunarac Appeal Judgment, ibid.; ICC Elements, supra note 23, 8 2) b) xxii)-1 (3)
²⁶ Kunarac Appeal Judgment, supra note 18.
²⁷ Akayesu Trial Judgment, supra note 18, para. 580.
²⁸ Kunarac Trial Judgment, supra note 26, para. 429. ²⁹ ICC Elements, supra note 23, art 7 (Crimes against Humanity), Introduction, para. 3.
³⁰ Kunarac Appeal Judgment, supra note 18.
³¹ Rome Statute, supra note 20, Article 7(1). See also Kunarac Trial Judgment, supra note 26, para. 244 and 434. Kunarac Appeal Judgment, J bid. It should be noted that one aspect of the chapeau elements for crimes against humanity was highly contested and dubiously resolved, i.e., the question of whether the state or organization must actively pursue the forbidden attack or whether passive tolerance of the attack is sufficient. In our opinion, the threshold requirements of the ICC Elements are neither authorized by the Rome Statute nor consistent with international legal standards. See Kunarac Appeal Judgment, ibid.
³² Kunarac Trial Judgment, supra note 26, para. 435.
³³ Prosecutor v Tihomir Blaskic, Trial Judgment, Case IT-95-14-T, 3 March 2000 9 (ICTY).
³⁴ Kunarac Trial Judgment, supra note 26, para. 431.
³⁵ See art 2 of the SC-SL statute.
³⁶ Rome Statute, supra note 20, Article 7 (1)(g)(crimes against humanity) and 8(2)(e)(vi)(non-international war crimes); the para.llel provisions of the ICC Elements, supra note 23, Articles 7(1)(g)-1 and 8(2)(e)(vi)1; and SC-SL Statute, ibid., Article 2 (g)-l.
37 Celibici Judgment, supra note 15.
³⁷ ICC Elements, supra note 23, Articles 7(1)(g)(i) and 8(2)(b)(xxii) and 8(2)(e)(vi). See Furundzya Judgment, supra note 15.
³⁹ The concept of "invasion" is intended to be broad enough to be gender-neutral. It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity. See art.7(1)(g)-1 of the elements of crimes and procedure, NU, Doc. Off. ICC-ASP/1/3.
⁴¹ Akayesu Trial Judgment, supra note 18, para. 688.
⁴² Kunarac Trial Judgment, supra 26; Kunarac Appeal Judgment, supra note 18. a2lbid., p.29.
⁴³ Rules of Procedure and Evidence, ICC-ASP/1/3. Rule 70 a) b) c).
⁴⁴ It should be noted that the ICC Rules contain very strict provisions against the admission of prior sexual conduct of the victim. Ibid., Rule 71: "In the light of the definition and nature of the crimes within the jurisdiction of the Court, and subject to article 69, paragraph 4, a Chamber shall not admit evidence of the prior or subsequent sexual conduct of a victim or witness".
⁴⁵ HRW, "We'll kill you ifyou cry", supra note 1, p.34-35. ⁴⁶ Ibid, p.33.
⁴⁷ HRW report, "Sierra Leone, Getting away with Murder, Mutilation, Rape", July 1999, p. 50, available on http:// www. hrw.org/. (hereinafter, HRW report, "Sierra Leone, Getting away with Murder,Mutilation and rape ").
⁴⁸ For a further discussion on sexual slavery, please refer to "Enslavement (crimes against humanity)", infra p.25. Rome Statute, supra note 20, Articles 7 (1)(g) and 7(2)(c) and 8(2)(e)(vi); ICC Elements, supra note 23, Articles 7 (1)(g)-2 and 8(2)(e)(vi)-2; and SC-SL Statute, supra note 37, Article 2 (g)-2.The Statutes also recognize the crime of « enforced prostitution. » Articles 7 (1)(g) and 8(2)(e)(vi) of the Rome Statute and parallel provisions of the ICC Elements and Article 2 (g)-3 of the SC-SL Statute. Although the elements of sexual slavery and enforced prostitution differ, enforced prostitution has long been an euphemistic and stigmatizing way of referring to sexual slavery. Even the factor of a pecuniary exchange in the context of force, required for enforced prostitution in the ICC Elements, does not operate to distinguish slavery from forced prostitution. Because there is no example known to us in the Sierra Leone situation which is not also sexual slavery, the Coalition counsels against utilizing this nomenclature because of its detrimental impact on women.
⁴⁹ Rome Statute, ibid., Article 7(2)(c) and ICC elements, ibid., cited above.
⁵⁰ ICCElements, ibid., Article 7(1)(g)-2. See ICCelements, supra note 23, art. 7(1)(g)-2, note 18: "It is understood that such deprivation of liberty may, in some circumstances, include exacting forced labor or otherwise reducing a person to a servile status as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children."
⁵¹ Final Report Submitted by Gay McDougall, Special Rapporteur for Systematic Rape, Sexual Slavery, and Slavery-like practices during Armed Conflict, UN Doc. E/CN.4/Sub.2/1998/13 (12 June 1998), para. 45.
⁵² HRW report, "We'll kill you ifyou cry", supra note 1, p. 43.
⁵³ Ibid, p. 44
⁵⁴ Rome Statute, supra note 20, Articles 7 (1)(g); ICCElements, supra note 23, Articles 8(2)(e)(vi) and 8(2)(e)(vi)-3; SC-SL Statute, supra note 37, Article 2 (g)-3.
⁵⁵ ICC Elements, ibid., Article 7(1)(g)-4 f. ⁵⁶ Supra note 16.
⁵⁷ HRW report, "We'll kill you if you cry", supra note l, p. 42-43. ⁵⁸ ibid., p. 42-43.
⁵⁹ Rome Statute, supra note 20, Articles 7 (1)(g) and 8(2)(e)(vi); ICCElements, supra note 23, Articles 7 (1)(g)-5 and 8(2)(e)(vi)-5. The SC-SL Statute, supra note 37, does not list this crime.
⁶⁰ ICC Elements, ibid., Article 7(1)(g)-5. The deprivation is not intended to include birth-control measures which have a non-permanent effect in practice. It is understood that "genuine consent" does not include consent obtained through deception
⁶¹ HRW report, "We'll kill you ifyou cry", supra note 1, p.35.
⁶² Rome Statute, supra note 20, Articles 7 (1)(g) and 8(2)(e)(vi; ICCElements, Articles 7 (1)(g)-6 and 8(2)(e)(vi)-6; and SC-SL Statute, supra note 37, Article 2 (g)-5.
⁶³ The ICC Elements, ibid., require that the sexual violence be of compara.ble gravity to the other sexual and reproductive crimes. To the extent that might result in a lower standard for inhumane treatment than for sexual violence, this addition in the ICC Elements would either be discriminatory or the lesser form of sexual violence would have to be prosecuted as inhumane treatment
⁶⁴ Akayesu Trial Judgment, supra note 18, para 688.
⁶⁵ Kunarac Trial Judgment, supra note 26, para. 457. 66 For definition of this crime, see ICC Elements, supra note 23, Article 8(2)(c)(ii). The ICTY has also defined the crime in similar terms: "An outrage upon personal dignity is "any act or omission which would be generally considered to cause serious humiliation or otherwise be a serious attack on human dignity. [...] The statute does not require that the perpetrator must intend to humiliate his victim, that is, he perpetrated the act for that very reason. It is sufficient that he knew that his act or omission could have that effect".
⁶⁶ Kunarac Trial Judgement, supra note 28, para. 507 and 773-774. See also Zlatko Aleksovski Trial Judgment, Case IT-95-14/1-T, 25 June 1999, para. 54, 55, 56 confirmed on appeal, Case IT-95-14/1-A, 24 March 2000, para. 28. Apart from sexual violence, offense against honour and humiliating and degrading treatment can apply to such acts such as: the impossibility to bury the bodies of a person's relatives or the impossibility to respect the dead rituals that condemns a person to damnation, the loss of home and land because they are synonymous to the loss of identity and self-esteem, the violation or destruction of cemeteries or rituals locations, the obligation to eat with the wrong hand, or the public performance of certain acts, the presence of laugh and applauds exacerbate the humiliation.
⁶⁷ Rome Statute, supra note 20, Articles 8(2)(b)(xxii) and 8(2)(e)(vi) ⁶⁸ See Cate Steains, "Gender Issues", supra note 20.
⁶⁹ See Ariane Brunet and Stephanie Rousseau, « La reconnaissance des violations specifiques des droits fondamentaux des femmes : une condition indispensable de la lutte contre 1'impunite » in CIDPDD Campagne contre l'impunite : portrait et plan d'action, Montreal 1997, p.207-236; Rhonda Copelon, Surfacing Gender: Re-Engraving Crimes Against Women in Humanitarian Law, Hastings Women's Law Journal, vol 5 (1994) pp.243-265.
⁷⁰ HRW report, "We'll kill you ifyou cry", supra note 1, p.31. "
⁷¹ Ibid., p.33.
⁷² Human Rights Watch, "Getting Away with Murder, Mutilation, Rape New Testimony from Sierra Leone" July 1999, p. 54, available on http://www.hrw.org/
⁷³ Rome Statute, supra note 20, Article 7 (1) h.
⁷⁴ Cate Steains, "Gender Issues", supra note 20; Rhonda Copelon, "Gender Crimes as War Crimes: Integrating Crimes Against Women into International Criminal Law", supra note 20.
⁷⁵ Kupreskic Trial Judgment, Case IT-95-16-T, 14 January 2000, (ICTY) para.571, 615(b). Some accused by the ICI'Y also pleaded guilty to the count ofpersecution that encompasses sexual assaults. See, ICTY, indictments of Stevan Todorovic, Blagoje Simic, Milan Simic, Miroslav Tadic, Simo Zaric.
⁷⁶ Prosecutor v. Kvochka and Others, Indictment, as amended 1 Oct. 1999.⁷⁷ Kupreskic Trial Judgment, supra note 77, footnote 894.
⁷⁸ See for instance " Rape and Other Sexual Violence against Boys and Men by Male and Female Rebels" in HRW report, "We'll kill you if you cry ", Ibid, p. 42.
⁷⁹ Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, 23 ILM 1027, entered in force 26 June 1987.
⁸⁰ See Furundzya Trial Judgment, supra note 15, para. 153 and 154. See also, ICJ, Barcelona Traction Light and Power Company Ltd, 1970 Report 3, 32, para. 32-34.
⁸¹ Furundz~a Trial Judgment, ibid., para. 267.
⁸² HRW report, "We'll kill you ifyou cry", supra note 1, p.34.
⁸³ Ibid., p.33.
⁸⁴ Ibid., p.36.
⁸⁵ See Cherif Bassiouni, "Sources and Theory of International Criminal Law" in International Criminal Law, Vol I, Crimes, 2°d Ed., Transnational Publishers inc., Ardsley, New-York, pp.79-80, and 663. See also, ICJ, Barcelona Traction Light and Power Company Ltd, 1970 Report 3, 32, para. 32-34.
⁸⁶ The elements have been developed in Kunarac Trial Judgment, supra note 26, para. 542 and 543. ⁸⁷ Kunarac Appeal Judgment, supra note 18.
⁸⁸ See HRW report, "We'll kill you if you cry", supra note 1, p. 31-32.
⁸⁹ ICTR, Kayishema Trial Judgment, Case ICTR 95-1-T., Ch.II, 21 May 1999, para. 15 1.⁹⁰ HRW report,. We'll kill you if you cry", supra note 1, p.31.
⁹¹ PHR report, supra note 4, p.69.
⁹² HRW report, "We'll kill you if you cry ", supra note 1, p.35.
⁹³ ICTY, Celebici Trial Judgement, supra note 15, para. 552. See also ICC Elements, supra note 23, Article 8(2)(c(i)-3.
⁹⁴ Ibid, para. 552.

PLANNED PARENTHOOD ASSOCIATION OF SIERRA LEONE
SUBMISSION TO THE TRUTH AND RECONCILIATION COMMISSION
SIERRA LEONE

"THE SITUATION OF WOMEN AND GIRLS IN THE PRE-CONFLICT, CONFLICT AND POST CONFLICT SIERRA LEONE".

INTRODUCTION
The Planned Parenthood Association of Sierra Leone is a voluntary and non-profit making local NGO which was established in 1959. Its role is to supplement the efforts of government and other NGOs in promoting and providing appropriate gender sensitive Sexual and Reproductive health Information, Education, Communication, Counselling and Services, thereby contributing to the reduction of HIV prevalence, maternal mortality, unsafe abortions and increase the contraceptive prevalence rate in the country.

PRE-CONFLICT PERIOD
Before the advent of the war in Sierra Leone, the general socio-economic and health status of women and girls were quite low particularly in the rural areas where the bulk of the population lived. The level of illiteracy was high especially among women. There was early sexual activity and this was mostly done in wedlock in many traditional settings. As a result, these girls started child bearing at an early age. With limited access to health care facilities they were at risk of developing problems/complications related to pregnancy and child birth. Also young girls who lived in urban areas and who were school going resorted to unsafe abortion which sometimes resulted in disabilities or even in death. All of the above contributed to the constant high maternal mortality rate recorded over the years. May I hasten to say that data on unsafe abortion is not readily available as abortion is illegal in Sierra Leone. In addition the total fertility rate is estimated to be 6.5 children per women. Despite this high level of fertility, many women never had the previledge to decide freely & responsibly on the number and spacing of their children. Family planning services led to a relatively low level of contraceptive practice especially in the rural areas were it was estimated to be 13.6% and 20.1% in urban areas (SWAC Survey 1998).

With the above information highlighted, one can clearly see that there were many unmet health needs in Sierra Leone. In order to address some of these unmet needs, the Planned Parenthood Association of Sierra Leone with funding form the International Planned Parenthood Federation was able to establish family planning programmes in various communities in Freetown, Bo, Kenema, Makeni, Port Loko and Kono. Information, education, counselling and contraceptive services were provided in communities and branch clinics in the operational areas. During the early 60s, family planning was not popular as there were lot of misconceptions but with intensive education and sensitisation, it gradually gained momentum. By mid 70s, the Association in collaboration with the Ministry of Health was able to provide family planning training for health personnel in the Ministry as well as others from private clinics and military hospitals both in the urban and rural areas. Logistical support including contraceptives and incentives were provided to these personnel who integrated family planning services into their existing health programmes. Inorder to increase access to family planning services local residents were identified in their communities and trained to provide family planning services as well as STI prevention in both urban and rural communities.

Namely: Western Rural - Newton and Songo
Kono District - Nimikoro and Tankoro Chiefdoms
Bo District - Valunia, Komboya, Nyawa Lenga, Gbo, Tinkonko, Bumpe, Jaiama Bongor, Baoma, and Lugu chiefdoms
Port Loko - Kaffu Bullom, Loko Massama and Maforki chiefdoms
Moyamba - Rutile.

Other health related services offered included; laboratory test for cervical cancer, sexually transmitted infections, various blood, urine and stool. Also counselling and treatment of STIs, infertility, immunization and treatment of minor ailment are provided.

CONFLICT PERIOD
During the conflict, there was massive destruction of lives and properties including health facilities in both urban and rural areas. Also there was mass migration of people, many bread winners lost their lives, children were separated from their parent and wives from their husbands. Thousands of young girls and women were abducted and raped some by individual/gang of rebels or Sierra Leone Army Force personnel. The war worsened the plight of women and children, young girls turn to commercial sex inorder to cater for their parents and or siblings whilst others got engaged in high risk sexual behaviour. This led to an increase in the incidences of sexually transmitted infections which is an area of serious concern as the presence of STIs further increase the risk of contracting HIV. Displaced camps were set up in various locations in the country. The Association provided IEC and free clinical services to displaced persons in a number of camps in Freetown, Bo and Kenema. Some of the women and youth were trained in income generating skills such as soap making, garri and bread production. In addition some were trained as community based distributors to provide services in the camp. We collaborated with FAWE to provide counselling and clinic service for returnees in Freetown and Bo. Outreach activities were adversely affected thus some staff were redeployed to relatively safe areas.

The Association like many others suffered losses during the conflict. We lost four of our land cruisers, one familiar Peugeot, one mini bus which were assigned to Bo, Makeni and Freetown with damaged to properties in Kono, Kenema and Makeni. Kono and Makeni clinics were later closed down as a result of the escalation of the war and the staffs were made redundant.

POST CONFLICT PERIOD
After the invasion of Freetown in 1999, abductees were provided with counselling and free medical services. A total of 230 abductees were seen in our clinic of which 210 were females many of whom had been raped. Victims were between the ages of 10 & 41 years. Services offered were counselling to all the victims and those relatives who accompanied them to help them cope. 65 cases were counselled and treated for sexually transmitted infections. 35 pregnant women and girls were counselled, examined and referred to the PCM Hospital for appropriate management. *Note that all of these pregnancies were unplanned. In addition two had miscarriages and were managed. 41 cases received treatment for minor ailments, three were treated with physical injuries, 2 cases with gynae problems were referred to PCM Hospital and 1 drug addict was also referred for rehabilitation. With the inception of the DDR programme, staff from PPASL provided reproductive health information and education to ex-combatants at the Lungi, Port Loko and Bo camps. Condoms were also distributed to both male and female ex-combatants.

Now that the war is behind us the country is faced with many challenges some of which include the dire need for accessible and affordable quality reproductive health services for adolescents, women and men in all the regions in the country. To meet these challenges, PPASL is currently providing RH services at various communities and clinics in Freetown, Bo, Kenema and Port Loko. Services are mainly youth focused and are provided by trained health personnel and community based service providers. We also collaborate with UNICEF, UNAIDS, UNFPA, Ministries of Health, Education, Social Welfare Gender and Children's Affairs as well as other NGOs and Institutions to address the issues of STI including HIV, gender based violence and family planning.

RECOMMENDATIONS TO THE COMMISSION
To effectively address the reproductive health problems faced by women and girls in conflict situations, centres must be established with trained personnel to provide compassionate care in all regions in the country. Secondly women and girls must be empowered economically inorder to make them more independent both in social and traditional settings. Strict penalties must be imposed on perpetrators of gender based violence irrespective of their socio economic status.

I thank you all for listening.

SUBMISSION BY International Rescue Committee Submission to the TRC

Introduction
Founded in 1933 by Albert Einstein, The International Rescue Committee is a leading non-sectarian, voluntary organization providing relief, protection and resettlement services for refugees and victims of oppression or violence conflict. The IRC is committed to freedom, human dignity and self-reliance. This commitment is reflected in well-planned global emergency relief, rehabilitation, resettlement assistance, and advocacy for refugees and others displaced by conflict.

2. The IRC established an office in Sierra Leone at the end of 1998 to address the enormous humanitarian needs arising from a decade of conflict. Today the IRC operates out of its headquarters in Freetown, and its field and sub-offices in Kenema, Koidu, Bo, Gerihun, Zimmi, Daru, Kambia, and Kailahun. Program sectors include Health, Education, Gender-Based Violence Prevention and Response, Refugee Camp Management, Child, Protection,Water and Sanitation, Refugee Youth Programs, and Community Empowerment.

The IRC Sierra Leone provides reintegration services for Sierra Leonean returnees and internally displaced persons, and facilitates post-conflict development as it transitions into long-term development strategies. The IRC Sierra Leone serves the needs of Liberian refuges through emergency response and humanitarian aid.

2.1 The IRG Gender-Based Violence Program in Sierra Leone started in 1999 as a component of an emergency reproductive health program. The health program ,recognized that the specific health and psychosociai needs of the women and girls raped and sexually assaulted during the war were not being adequately addressed. Since-it's inception, based on beneficiary needs, GBV has evolved into an independent sector and has assisted over 800 survivors of conflict and post conflict related gender-based violence. Under the legal component of the GBV program more than 70 cases of-post-conflict rape and sexual assault have been charged to court, of which 10 cases have been successfully prosecuted in Sierra Leone.

The IRC GBV program looks at G3V programming from a holistic perspective and addresses prevention and response from the health; psychosocial, legal/justice and security sectors. IRC G3V currently operates in 3 Liberian Refugee Camps, as well as in Kono, Kenema, Kaiiahun and Freetown. In the provinces the program works with communities to establish Women's Community Centers and establish Women's Action Groups (WAGs). These groups are then provided training on gender based violence issues and serve as agents of change in the respective communities. In Freetown IRC has helped to start a Sexual Assault Referral Center called the Rainbow Center. In the next two years the GBV program will establish two more Sexual Assault Centers, one of which will be in Kenema and the other will be in a location to be determined.

In an attempt to get an approximate idea of the number of women raped or sexually assaulted during the war, Physicians for Human Rights (PHR) conducted a population based assessment of war related sexual violence in Sierra Leone. This report officially released in 2002 estimates that 50,000 – 62,000 Sierra Leonean, IDP women may have suffered war related sexual violence. According to the assessment the prevalence of war related and non war related sexual violence was 17% which means that an estimated 94,000-122,000 women in Sierra Leone may have experienced some form of sexual violence in their lifetime.

While the GBV program was originally started to provide emergency health and psychosocial service to survivors it has also started providing post conflict activities in Sierra Leone. This transition to post conflict services was based on the high number of incidents of post conflict violence against women reported directly to IRC staff or collaborating agencies. In addition nine percent of the 991 participants directly interviewed during the PHR assessment reported sexual abuse by family members, friends or civilian strangers in their lifetime (non-conflict related). Based on this the GBV program started targeting non-conflict related gender based violence.

IRC did no program in Sierra Leone before the war and no baseline data about gender based violence in pre -conflict Sierra Leone is available. Therefore we cannot state whether or not the prevalence of violence against women has increased or remained constant. In this document IRC will report on what it has observed in its operational areas specifically related to post conflict gender based violence.
Anecdotally, some Sierra Leoneans blame the existence of sexual violence on the conflict and say that it was very taboo before the war. Other Sierra Leoneans say that it was common before the war. It is clear however that a culture that accepts violence against women and girls exists in Sierra Leone.

In all of its operational areas IRC has observed sexual and physical violence against women. Domestic violence or wife beating is extremely common and accounts for over 50% of the cases documented by IRC. IRC has documented cases where women have been beaten unconscious by husbands or boyfriends. Flogging or beating a women with a stick is seen as acceptable as long as she does not sustain 'serious' injuries. Injuries are not considered serious unless thee is bleeding or open wounds. IRC has also documented cases where husbands want to take other wives and try to force the first wife out of the home. This is done by withholding money for food and necessities.

In one case a woman that was 8 months pregnant was beaten and kicked by her husband until one eye was swollen, shut and she had bruises all over her body.

In another case a woman was beaten by her husband for failing to prepare food. The beating was so severe that the woman was unconscious for 24 hours.

In another case IRC assisted a woman who had been forced to marry a 40 year old man when she was 16. Her husband wanted to take another wife and had stopped giving her money for food, clothing and schoolfees or any necessities. If she asked for these things he would tell her she was stupid and ugly. She had sought assistance from the chief and elders but her husband had her arrested for shaming. She walked 20 miles to the IRC office to seek assistance because she had heard 'they deal with women's issues.'

Provincial (Kenema, Bo and Kono)
In the last nine months IRC has documented over 70 cases of sexual assault in Kenema, Bo and Kono. There have been more than 210 cases of wife beating and 10 cases of sexual exploitation. IRC has documented 15 cases of girls being forced to marry. In at least half of those fifteen cases the girls were forced to leave school to marry older men.

In one case a 14 year old girl was sent to fetch water. On her way a man tried to get her to stop and talk to her. She refused and tried to run away. The man caught her and tried to remove her pants. The girl struggled and the man beat her severely. Consequently, the girl's eye had to be removed.

A husband wanted to have sex with his wife and she did not want to have sex with him. He accused her of having a boyfriend and took her to the chief. The chief fined the woman and sent her home. The husband again asked the woman to have sex and she said no and he stripped her naked in public.

Urban
From March 3rd to April 30th 2003, the IRC supported Sexual Assault Referral Center (SARC) located at the Princess Christian Maternity Hospital received 91 sexual assault survivors. Of these 91 clients 98.9% were female with the most frequently reported sexual assault being rape (78%). in 88% of the cases the perpetrator was known to the survivor and 47% of the assaults were committed by neighbors or co-tenants.

In Freetown a four year old was grabbed by two men. One of the men held her down while the other raped her.

In another case a girl reported being raped to her mother. Her mother blamed her and shaved her head as punishment.

1. Legal system shortcomings
There have been consistent obstacles to survivors of gender based violence accessing justice. These obstacles exist in both rural and urban settings but are more pronounced in the provinces.

These include:
The Sierra Leone justice system currently operating in the provinces is overburdened with work and seriously understaffed. Judges, magistrates and state prosecutors cover more than one district, thus weeks may elapse between court sittings in one district.

Many survivors are poor and are unable to afford transportation from rural areas to court, and if, due to multiple adjournments, they are required to return on repeated occasions, they are likely to drop their cases before conclusion. Such adjournments are commonplace due to absence of witnesses or key court personnel, insufficient evidence, or missing documents.

Court staff including Magistrates, bailiffs, and prosecutors lack training, knowledge and understanding of issues of gender-based violence and the needs of survivors. Survivors are openly blamed for the violence perpetrated against them and this is reflected in the treatment they receive in the judicial system. For the most part, survivors' cases are heard in open chambers, and survivors must tell their stories and respond to questioning and cross-examination in an often crowded court room.

Perpetrators are given the opportunity to directly question survivors in court. Thus you have situations where a 50 year old perpetrator may be interrogating his 13 year old victim in open court. This re-victimizes survivors who may already be experiencing feelings of shame due to the social stigma they face. This is a deterrent to survivors pursuing their cases in court.

Survivors have a limited understanding of the law and the pluralistic legal system. Because of this they are at a disadvantage when it comes to understanding and advocating for their legal rights. In addition to this, in the provinces there is limited or no legal aid available, particularly legal aid specifically for survivors of GBV. There are few, if any, female lawyers or lawyers specifically trained in GBV in Sierra Leonean law in the provinces.

For survivors who wish to pursue the matter legally, they must obtain a medical certificate from the police doctor or doctor identified by the Ministry of Health and Sanitation to conduct forensic examination. Only one such doctor is available in each district in the provinces; none of these doctors are female; few if any have received training in responding to the health needs of survivors. It is not clear how the Police doctor is chosen arid arbitrary decisions regarding this are made regardless of the doctor's interest, skill or knowledge level.

If the designated police doctor has traveled qr is busy the survivor must come back for treatment and to get the P-3 form signed if she wants to pursue legal action. Having to wait increases the already serious potential health consequences survivors face.

In several provinces the identified forensic doctor levies a fee for medical certificate to the survivor; such fees are above and beyond fees for medical services as determined by Ministry of Health's policy. The IRC GBV Program has documented cases in which the fee levied was as high as 50,000 Le. Few, if any, survivors are able to afford these fees and thus are unable to pursue legal action as the police doctor may refuse treatment.

In at least 30 cases the doctor's in Bo and Kenema have refused treatment to the survivor because she is unable to pay the Le 30,000 – Le 50,000 fee. In one instance a 7 year old girl was sent away with no medical treatment after being raped because her family was unable to pay. While IRC facilitated these survivors receiving health care at a clinic this is not a long term solution.

In one case an 8year old girl was raped and her father wanted to report the matter to the police. Because of the distance to the police station the man sold his portable radio for transport money. When he and the girl arrived at the police station he was sent to the hospital. At the hospital the man was charged Le 50,000 which he did not have. He returned to the Family Support Unit and told them that he was returning to his village to stab the perpetrator so then both he and the perpetrator would be brought to the police station.

Police personnel in the provinces receive inadequate training to conduct interviews with survivors, many of whom are children. Police interviewing techniques have been observed to be harsh and judgmental of survivors. Additionally, police investigations are often poorly conducted, whether due to insufficient training or insufficient resources or, both.

In many cases perpetrators are not arrested or are released due to lack of evidence. In some instances perpetrators collude with police or other legal personnel to botch an investigation or lose valuable evidence thus leading to dismissal in court. In other instances perpetrators threaten or coerce survivors and/or family members into dropping charges or not appearing in court.

The IRC GBV Program documented one case in which the police officer knowingly and purposely documented the statement of a survivor inaccurately; this was discovered because the survivor's family member who present was literate and able to read the statement.

In another case a woman was raped and wanted to bring charges against the perpetrator. Unbeknowning to her, her husband had met with the perpetrator and agreed to allow the perpetrator to pay him money not to bring charges. The perpetrator was subsequently released.

2.6 Physical Health Consequences of GBV
Survivors may suffer physical health consequences including death, injury (wounds, broken bones) or disability, urinary tract infections, irritable bowl system, injuries to the reproductive system (menstrual irregularities, childbearing problems, infection, chronic pelvic pain, WF may result from early pregnancy in cases of rape or forced early marriage), STI's and/or HIV/AIDS, unwanted pregnancy, miscarriage, unsafe abortion,depression leading to Oronic physical complaints or illness (real physical problems with no actual diagnosed disease-such as headaches, for example).

Due to cost of services or medications or distance to health facilities, many survivors do not seek healthcare services after an incident of GBV unless they experience physically debilitating symptoms. Thus, many serious health consequences, such as STIs or damage to the reproductive system may go undiagnosed and untreated.

For those survivors who do seek treatment, they often receive poor or inadequate services as healthcare providers are for the most part untrained in the diagnosis and treatment of GBV-related health problems. For example, emergency contraception is rarely offered to a survivor of rape. Health care providers are not trained in screening for survivors of violence.

Additionally, the MOHS has not put forth standard protocols for the treatment of survivors of rape, domestic violence, or other forms of GBV. Adopting such protocols as the World Health Organization's Clinical Management of Rape Survivors guidelines could prevent HIV or STI infection as well as unwanted pregnancy.

10. RECOMMENDATIONS
Clear policies should be set forth from the different government ministries regarding GBV prevention and response that are consistently implemented at national as well as regional levels.

The respective ministries should develop standards of care and provide appropriate training in order for police, court personnel, native administration, healthcare providers, to provide appropriate response to survivors that will ensure survivors' choice and dignity are respected.

The MOHS should clearly post the fee for services survivors should be expected to pay. The MOHS should take steps to hold doctors who refuse treatment to survivors accountable.

The MOHS should adopt and train all of its staff in the World Health Organization's Clinical Management of Rape Survivors.

The Government of Sierra Leone work with GBV and other programs to design and implement a national prevention strategy to reduce all forms of violence against women. This should be targeted at the general population as well as specifically to youth, teachers, civil servants, police, military, peacekeepers.

Ensure that gender equality reflected in political agenda and provide increased opportunities for women to participate in political process. "
Poverty reduction initiatives targeting women should be implemented.
Law reform initiatives that seek to eliminate gender discrimination from customary, statutory, and religious laws; such initiatives would be guided by international human rights standards.

Take steps to improve the legal system's response to cases of GBV, including the development of strategies for timely prosecution and the protection of survivors.

Adopt a Zero-tolerance policy to GBV that illustrates the political commitment to preventing and responding to GBV.

THE ROLE OF MARKET WOMEN IN THE CONFLICT AND THE EFFECT OF THE WAR ON MARKET WOMEN

BACKGROUND TO THE FORMATION OF THE SLMWA
Our group, the Sierra Leone Market Women Association, was formed in August 1996. The objectives for the formation of the association were to bring all market women together, educate them on their roles, rights and responsibilities and to contribute in nation building.

Our mission statement is "to promote the economic empowerment of our members". We believe that if we are empowered economically we will be in a better position to make independent decisions politically, socially and psychologically. We can also be in a better position economically to educate our children to be better citizens than ourselves and to give us a better old age. Since we do not have any pension schemes, we believe that our educated children are a guarantee to a better old age.

CAUSES AND EFFECTS OF THE WAR - CONTRIBUTION OF MARKET WOMEN IN THE CONFLICT AND AFTER
The decade long conflict in Sierra Leone has devastating effects and brought immense suffering on the women especially the Market Women.

There is an overwhelming consensus that women in general Suffered disproportionately as victims of atrocities unleashed on the civilian populace. There was a tremendous increase on sexual and gender based violence such as abduction, rape and killing of women and the girl child. There was an increase of women headed households.

Despite all these, market women still continue to do their daily activities, which is buying and selling of our goods, risking their lives to go beyond rebel lines to buy goods to support their families.

Before the war, as we travelled across the country to buy various goods for sale to support our families, educate children, and attend to the general social welfare of our people and our country, and despite the fact that our contribution was, and still not taken into consideration in calculating the GDP - that is the Gross domestic product, we played and continue to play a substantial part in the country's economy. We have been and will continue to be stakeholders in this country called Sierra Leone. Most of us have husbands that are unemployed; redundant while some others are widows, divorced or unmarried.

The discrimination against us as women in Sierra Leone is an issue of concern to us who wish to see the development of women in this country.

We as market women are the lowest in the cadre and have suffered serious marginalisation and discrimination both by educated women, men and the government for over a long period of time. In fact, this has been the case as far back as the time we gained independence.
Most governments only recognize us market women when it is time for elections, campaigning and using us as instruments to get political power. We will then be assembled like herds of sheep and masqueraded for the public and the international community as COOKS AND ASHOBE DANCERS. Elaborate promises will be made to us about the education of our children, providing housing and health care for us - promises that have never been kept. Any attempt by us to contact them ends up in embarrassing us and accusing us of being nuisances. Over the years we have become pawns in a game of politics that we do not understand.

The most embarrassing situation is when a market woman is fooled by a politician to be a campaign manager for his/her party, after he/she wins the elections that politician will abandoned her. The worse she can do then is to visit that person's house. The relatives of that politician will then treat you as if you have come to hijack their wealth from them. This behaviour over the years has humiliated and demeaned us as women.

Our participation into politics has always been on an individual basis for individual politicians. We became involved collectively as a group in the 1995 -96 campaigns for election and democracy against the military. We formed the majority of women that marched into the street against the military, mobilised our women for both the Bintumani 1 and 2 conferences.

The Military men flogged many market women at the Aberdeen Bridge because they suspected that we were campaigning for elections before peace. We never relented, but marched forward and joined our educated women folks in the struggle forward.

During this struggle, we not only suffered the beating by the military, but many us lost our resources as well as our homes as some of our husbands became very intimidated by the boldness of their wives and divorced them.

90% of us market women are breadwinners in our homes. When the war intensified in 1996, a lot of the expatriate, diplomatic communities, educated and professional Sierra Leoneans fled the country and we thus lost the majority of our customers. This saw a reduction in our income or revenue, yet at the same time we became heads of households as our husbands lost their jobs overnights, which meant an increase in our responsibilities.

The war and the several coups also brought a complete breakdown on the economic activities of the country. This created a lot of suffering for us as market women. Most of us had lived on commission basis to earn our living and look after the children. We take goods from wholesale stores, sell them on a retail basis and pay back the cost and take the profit. We did not have the resources to purchase the goods ourselves.

In 1997 when the AFRC coup took place we condemned the coup of the AFRC and encourage our members not to support the newly created political class of the AFRC. Because of this, market women suffered both economically and physically. Our goods were looted, our tables burnt down or uprooted and broken down. Some of' our women were physically assaulted and molested. We could not travel out of the country, because we did not have the financial means as well as the educational capacity to live in exile. We stayed behind and continued to do our selling to sustain the lives of the remaining populace in the country.

Despite not being politically active, we still suffered casualties to some of the AFRC atrocities and some of our women and children lost their lives in road and sea accidents in a bid to escape the rampant shooting and mayhem that was being unleashed on the general populace. Let me also highlight the very terrible incident at Mabayla where a bombing incident took place killed many people including one of our members and her entire family. Another member who was pregnant was seized, her pants taken off and mercilessly flogged in public by the AFRC at Guard Street market.

In 1998 after the Intervention, many ECOMOG soldiers were wounded and admitted at the Military hospital at Wilberforce. Our association contributed and prepared food for the wounded soldiers.

We also contributed to the 40th day ceremony of the late General Mitikishi Maxwell Khobe at the National Stadium.

Over the years we have become active members of the Sierra Leone civil society network, and participated in almost all civil society initiatives. We were part of the delegation to Liberia and Guinea to establish linkages between the civil society in Sierra Leone and the civil society in the Mano River Union countries in September 2001, to form the Mano River Union civil society network.

We also played our part in the promotion of the peace process after it was signed in Abid.jan. We were among the civil society who visited Corporal Foday Sankoh to talk to him to release the 500 UNAMSIL peacekeepers that were abducted by the RUF in Kailahun in 1999. We also mobilised our women in the demonstration against him in May 6 and 8 2000 that saw his final arrest. Our association was fortunate not to have lost anybody amongst those that were killed, but we were fully involved in the funeral arrangement and the welfare for those that were killed and wounded.

In June 1999 when the negotiation of the peace process was going on in Lome, the Market Women Association was one of the strong associations amongst the civil society organisations, that organized the second protest in the form of civil disobedience in Freetown for the slow pace of the peace process and to also caution the government on the way it was giving political positions to the RUF. We attended security briefings on the security situation of the country at the Wilberforce Hockey Pitch on a daily basis to help mobilise support against the RUF/AFRC rebels.

We formed the bulk of those who participated in the nationwide peace march organised by UNAMSIL and Campaign for Good Governance on April 2001.

After the return of the democratically elected government of President Kabbah in March 1998, some of our members were accused of collaborating with the AFRC .junta. I am convinced that most of those who joined the AFRC regime did it out of ignorance of the consequences. But during the intervention, some of them were molested for supporting the regime and called collaborators, whilst on the other hand some of our members houses were burnt down by the RUF because they considered them as pro-government. So the market women suffered on every side, that is pro and anti government.
After 1998, we started our first micro credit program. We had our first grant from the United States Democracy and Human Rights. This enabled us to provide micro credit to the various Chair ladies of the markets in Freetown, train our members on human rights especially on the rights of women, domestic and sexual violence.

Over the last few years we have received support for Micro credit assistant from The British Department for International Development with the help of Campaign for Good Governance, the Sierra Leone Women's Forum, Association for Rural Development (ARD) and few others. We have established branches in Moyamba, Mattru Jong, Kambia, Bo, Kabala, Kono, Kailahun, Tombo, and Waterloo.

We have introduced a Human Rights component and established linkages with other Human Rights organisations like Campaign for Good Governance which is providing legal representation for us, National Forum for Human Rights and FAWE for counselling and the protection of our members, so that we can refer domestic and sexual violence cases to those organisations. We were founder members of the Women's Help Line so that market women can have access to a refugee and counselling Centre whenever their husbands beat them. We are hoping that in the near future, we will be able to create a shelter for abused market women to take refugee and get some psychosocial counselling.

We also do refer market women who have Gyneanocological problems to the Marie Stopes Clinics and to the Reproductive Health Centre at PCM Hospital.

We invite people to deliver talks at our monthly meetings for heads of market. We have listened to talks on HIV, Civic Education from NCDHR, the Community Relation Department of the Police, Reproductive Health, Marie Stopes Clinic, Special Court and various others.

The referral of domestic and sexual violence such as wife battering, rape, child maintenance and children custody and other abuses are in progress. We are in the process of training all the Chairladies and Secretaries of our various markets on leadership skills, and Human Rights monitoring to enable them to monitor abuses in their market places to minimise this.

We are also trying to replicate the food preservation and hygiene program, which we have collaborated with NaCSA and conducted for 300 market women in the western area. We want to continue this program for all market women who are selling non-washable foodstuffs in all markets for better impact.

INFORMAL/PRIVATE SECTOR.
Most governments in Africa, including our government in Sierra Leone always tend to forget about the informal sector, failing to realize the valuable roles the informal sector plays in the economic development of the country. The contempt with which we are held still continues. We are treated with disdain and contempt, dismissing us as a bunch of illiterate women. We are never consulted when economic policies of the country are being decided. We do not benefit from government patronage unless and until you are a member of the ruling party. We cannot access credit from commercial banks as -we do not have collaterals. This has made it impossible for our small-scale businesses to grow beyond a certain level.

Despite our numbers, and the role we play in the economy of the informal sector, we have not been given the recognition and support we deserve as citizens of this country. We have been manipulated, humiliated, abused and abandoned like everybody else. We are an essential part of society, but we have not been treated thus.

These and others are some of the things that are depriving Sierra Leone from moving forward. Politicians and educated people know that majority of us cannot read and write and we have always been and still are being taken advantage of.

It is therefore not surprising that most of our members are requesting for adult literacy programs and Campaign for Good Governance is helping us in it. We have made several efforts, but nobody is responding to us. We want to be part of the world around us. We want to understand our children, read their school reports, access the banking system, read our bank balances, know how much money we deposit, how much money we withdraw, own properties, and fight for our rights. We want to be respected citizens of this country, who can walk with pride and proud to call ourselves the Market women of Sierra Leone. We deserve all these and even more. We are the backbone of the family and the economy. But this has not been reflected in the way we are treated.

The Freetown City Council constructed 25 markets in western area since colonial time, when the trading activities were only in the hands of few Sierra Leonean.

None of these markets have any facilities needed by us i.e. water pumps, stores for our goods, security, electricity, sweepers cold rooms etc. We have always paid our market dues, but because we are a bunch of illiterate women the city council feels that they cannot be accountable to us. Who are we, illiterate bunch of women, to demand accountability?

We have been contributing on a daily basis amongst ourselves to pay for people to clean our markets. Why then do we pay dues? The City council has never given us an account of how much money they have been collecting over the past thirty years. For us as market women, it is the most corrupt Institution in this country.

On a daily basis in Freetown and the rest of the country the very City Council and the police is constantly harassing us for street trading, without even trying to identify an area where it can relocate our people. This "no street trading exercise" started in the late 80s by the then Mayor Alfred Akibo-Betts, but up till now all the previous governments and the present one have not set up a system whereby they can re-locate trading and business activities in a bid to address this situation. All they do is harass us and collect bribes from us. The city council even collect market dues from areas prohibited from trading.

The inconsistency and improper documentation of custom duties has always been another concern raised by some of our members who are travelling to neighbouring countries to buy goods. At any time they travel to buy goods, they will meet new taxes on their return. They cannot distinguish between police and custom officers. But as far we are concerned, these are the same people as they are only concern about extorting money from us, failing to realize that all those monies will be retrieved from the civil populace

GENDER EQUALITY/ TRADITIONAL SET UP
As market women of Sierra Leone we suffer more from the legal discrimination against us, because of traditional, cultural and religious laws especially Mohammadan laws that control most of our lives. Even the constitution discriminates against women probably because it recognises customary and religious laws. The inconsistencies in the legal system affect different women at different times because of the intermarriage.

The worst case is the North, where the only role a woman can play is to show support of decisions taken by the men by clapping, even if it is against the women. There are so many taboos to help men secure the customary law, just to suppress or prevent us women from participating in decision-making in their locality.

HIV/AIDS.
Most our members are married in polygamous homes, sharing their husbands with another woman. We are very concerned that we will become main victims of HIV and being breadwinners, maybe will die before we can educate our children.

FINDINGS
Although all efforts are being made to consolidate and build a sustainable democracy, yet the instances of bad governance, which contributed to the root causes of the conflict, are on going. I.e. neglect of the rule of law (lawlessness), injustice, corruption, high rate of unemployment and unskilled citizens, marginalisation of youth and women, discrimination against women even in the constitution, manipulative politics, centralization of power, lack of confidence in the judiciary, the police, the non- duality education and the brain drain are all still prevalent.

10: RECOMMENDATIONS.
1. When a political party wins an election, it ceases to be a political party. It becomes a government and should represent the interest of the whole country and not just those that voted for it.

2. Contracts should be given to respectable and genuine business people and not fake party supporters. Only qualified Sierra Leoneans can be given jobs, or promoted, or given scholarship.

3. The constitution should be amended and international conventions that recognises and guarantee the rights of' women should be enacted into our national laws. All laws that discriminate against women especially the customary law should be codified or abolished.

4. The government in good faith should accept constructive criticism; it will help to correct situation.

5. Give priority to Education especially for the girl child, and Health and Sanitation

6. Continuous and genuine consultations on roles and rights of citizens should be organised by the government. We want to move forward.

7. Government functions should be decentralised and elected local structures as low as village level, should be established. Women must be given special quota system.

8. Women must learn to support and work with each other. There are too many petty rivalries amongst educated women and their various organisations.

9. The barrier between the elite, rich, illiterate and vulnerable must be broken. We are all interdependent. Let us try to appreciate each other's roles in society, because everybody's role is useful for the development of this country.

10. Sierra Leoneans should and must be given priority in terms if investments, loans and other business ventures. It has come to our notice that over the years, foreigners are given more priority than our own citizens and by our own governments and fellow Sierra Leoneans. This breeds bad blood in the society and sets the arena for corruption among other things. We want to own our economy, our resources and our entire nation.

11. The 1969 non-citizen trade Act must be implemented to enhance a good trading atmosphere for business people especially market women.

12. Bigger markets with necessary facilities must be constructed all over the country, especially in the city and other big towns to avoid the harassment of business people and street trading.

Compiled by
Marie Bangura (Mrs)
Secretary General
Sierra Leone Market Women Association

The Situation of Women and Girls in the Pre-Conflict, Conflict and Post-Conflict Sierra Leone

A Thematic Presentation
BY
Prof Amy E Joof on Behalf of

GENDER RESEARCH AND DOCUMENTATION CENTRE (GRADOC) University of Sierra Leone Mount Aureol
PRESENTED TO THE TRUTH AND RECONCILIATION COMMISSION (TRC) 23rd May 2003

INTRODUCTION
In 1992 the Senate of the University of Sierra Leone as one of its structures approved the establishment of the Gender Research and Documentation Centre (GRADOC). A task force was appointed to set up the Centre and later in 1995 a Director was appointed to administer its activities.

The Mission of the Centre was to assist the government of Sierra Leone to implement its national human resource development policy for the empowerment of women and men. This purpose is pursued through mainstreaming gender studies into the University and other educational institutions generally, and through research, sensitisation, seminar, advocacy and networking, and outreach to the wider social system.

The institutional structure comprises a Director, a standing Committee for administrative functions, Librarian/Typist, Two Lecturers and four Technical Committees to address major issues within the structure. These technical committees are:

The Curriculum Committee
The Research Committee
The Publication and Documentation Committee
The Net Working Committee

These are to initiate and provide gender studies at the University of Sierra Leone and other educational institutions, develop statements of goals and appropriate administrative management authority to review, co-ordinate and monitor relevant GRADOC activities.

The mainstreaming proposal was justified on the grounds that the national development process envisaged for equitable advancement of women and men to the year 2000 and beyond can only be operationalized through strategic interventions at all levels of policymaking, planning and programming. University level is an intervention point because of its high-level leadership output. In mainstreaming gender studies at this level, GRADOC also seeks to fulfil specific objective B4 paragraph 85(g) of the Beijing Platform for Action, which encourages academic institutions to:

Support and develop gender studies and research at all levels of education, especially at the postgraduate level of Academic Institutions and apply them in the development of curricula including University curricula, textbooks and teaching aids, and in teacher training.

OBJECTIVES
Similarly in response to The University's advocacy for gender to be an area of concern in higher institutions, GRADOC has designed the aims and objectives of its programme to:

Contribute to gender studies as an academic discipline through gender sensitive research and dialogue on culturally relevant framework;
Facilitate mainstreaming of gender studies at all levels of University education, both undergraduate and postgraduate
Improve opportunities for both gender and especially for the girl child in the Sierra Leone school system through creating an awareness of their needs.
Increase awareness of and sensitivity to the implications of policies and plans for Gender Equity and Empowerment among teaching staff at all levels of education through advocacy, sensitisation and training programmes.
Develop gender positive teaching and learning materials specific to the African cultural context, and facilitate their incorporation at various levels;
Improve contact, networking and information sharing through high level personel doing research on gender issues in Sierra Leone and other countries and those involved in policy making;
Provide consultancy, readership and referral services through a fully functioning documentation and service centre.

THE NATURE OF WORK
GRADOC' S first achievement was the link with the Centre for West African Studies at the University of Birmingham in the United Kingdom.
In 1996 (26-29 March) GRADOC organised a workshop in collaboration with the British Council on the theme "Setting an Agenda for Gender Studies at the University of Sierra Leone". The formation of the four technical committees mentioned above was an outcome of this workshop.

There are already gender studies components within the course structure of the Department of Education where teachers are trained to teach at secondary school level and where other cadres of students come to pursue Master's courses in Education.

GRADOC Research Centre currently holds over 500 books, journals, bibliographies and articles. The centre has become of immense value to researchers in academic community because of its focus on Information Sharing. Current materials and update information are obtained from British Council, UNDP and other interested partners.

The networking with organisations/institutions interested in gender issues has been favourable, for example with the British Council, UNDP/SEGA, Ministry of Social Welfare, Gender and Children's Affairs, FAWE Women's Forum to name a few. However, linkage with offices such as Forut, and Action Aid have been effected. Intra University linkage is also affected with University Research & Development Services URDS and the Department of Education, FBC.

The Gender in Education courses at the Department of Education, Fourah Bay College was started three years ago for Postgraduate Diploma and Masters students. Enrolment in these courses is rising steadily over the years even though the number of female enrolment is increasing upwards yet it is still lower than the male. This however reflects the total enrolment pattern and trends in general in the educational system in Sierra Leone.

The GRADOC and the University Research and Development Services (URDS) at the University of Sierra Leone have been working closely for the purpose of information sharing and networking.

AREAS OF FOCUS AND ACTIVITIES CONDUCTED
It has planned to introduce gender studies as an academic discipline into the curricula of the University of Sierra Leone; at both undergraduate and graduate levels, in the Department of Education, Institute of African Studies M.A. programme, Foundation Courses in Languages and Linguistics, Adult Education, etc.

It has conducted research, focusing on issues; such as violence against women, women in Science and Technology, women in management in higher education, empowering women at grass root level through education and skills training.

It is trying to document information on gender issues in the country as and when they become available i.e. build a directory of completed work or those in progress, such database can facilitate gender responsive development planning, policy formulation and implementation.

That GRADOC is stretching out its arms in various ways to larger society through networking and advocacy:

A Gender Research and Documentation Centre was established and equipped with materials, equipments and personnel, that is open to the University Community Population and the Public at large.
A workshop on "Setting an Agenda for Gender Studies at the University of Sierra Leone" was organised that brought together thirty-nine senior academic and administrative staff drawn from various faculties, department, colleges and other institutions. Three workshops have been conducted so far, Concepts and Methods in Gender Studies was the second workshop. Other workshops held in December 2000 and February 2001 were on modularisation of the Masters in Gender Studies courses and another on Gender and Sexual Violence involving rape victims.
Gender Studies has commenced in the Department of Education FBC at the Postgraduate Diploma and Masters levels.
An approved Curricula finalised into modules has started in the Department of Education, FBC. The commencement of the Masters in Gender Studies programme took off in October 2002/2003 academic year.

MASTERS IN GENDER STUDIES PROGRAMME COMMENCING 2002/2003
The third year of the link between GRADOC, USL and Centre for West African Studies CWAS, University of Birmingham involves modularisation of 12 courses for the Masters programme.
The course number and title of the modules are as follows:

1st Semester
*1. Gen 611 - Gender and Development
*2. Gen 621 - Gender Relations in African Societies
*3. Gen 631 - Gender Awareness Research

2nd Semester
*4. Gen 612 - Gender Population & Development Studies
5. Gen 622 - Gender and Education
6. Gen 652 - Gender Conflicts & Human Rights
7. Gen 662 - Gender and Environment/Agriculture

3rd Semester
*8. Gen 641 - Research Projects *
Programmes in Gender Studies
9. Gen 651 - Gender and Health
10. Gen 661 - Gender and Employment/Income

4th Semester
11. Gen 672a - Research Projects
12. Gen 682b - Research Projects
*Compulsory courses

The Masters course, which started October 2002, and will run for two years as a research based Masters programme involving six months of research. Course such as Gender, Conflicts and Human Rights will serve to correct the unequal power relations between men and women in our society. Gender and Environment/Agriculture will focus on women as caregivers and farmers and their role in conserving resources such as fuel wood in our environment. Gender and Employment/Income will focus on the stark under-representation of women in careers in Science and technology. Gender and Education will focus on engendering women so as to close the gender gap in literacy rate and leadership and managerial positions in our society. Gender and Development will bring out how structural adjustment programmes hit our women the hardest. Gender and Health will focus on women as primary health providers for their families and draw our attention on some of the current health risks like STDs including AIDS in our society. Gender Relations in African societies will focus on the unique nature of our African societies and how some gender roles have been misconstrued. The two research methodology courses, in which students will have a feel of conducting group gender research, will involve documenting their findings and using the data as advocacy and lobbying tools. Various theoretical framework in all areas of study will be taught.

These courses will help us achieve the first and second objectives of GRADOC as stated on page 2-3.

MOUNTING SENITIZATION CAMPAIGNS FOR THE PROMOTION OF GOOD GOVERNANCE
GRADOC has in the pipeline a project involving sensitising the public to promote good governance by including the visits of women in decisionmaking in both in-country government and international organisations at the highest levels. The democratisation process involves including all minority groups in all of society's legal enterprises. It is therefore crucial women should be empowered and advocated for, if Sierra Leone should develop and their voices should be heard.

CONCLUSION
GRADOC has addressed the needs of women and girls in Sierra Leone ensuing from the conflict and this fits in with the service role of GRADOC to the community. We would like to see more medical help and psychological counselling being offered to rape victims, but this is outside our mandate. We have recently been working with women's FORUM on the SGVV project and hope to continue doing this on a wider scale.

In addition to teaching and capacity building through training, promotion of research activities and application of findings is one of GRADOC's main objectives.

Consequently during and after the conflict period in Sierra GRADOC conducted a major research on Gender and Violence known as the GAV Research Project, as its contribution towards knowledge and understanding of what was happening in Sierra Leone.

CONTRIBUTION OF GRADOC TO NATIONAL RECONSTRUCTION IN SIERRA LEONE 2000 /2001 ACADEMIC YEAR AND BEYOND POST CONFLICT PERIOD

1. THE GENDER AND VIOLENCE (GAV) RESEARCH PROJECT
GRADOC embarked on creating a database of rape victim's experiences during the ten-year war in Sierra Leone in November 2000, a research project that was funded by DFID and managed by the British Council. So far 338 rape victims have been interviewed and GRADOC is documenting their experiences. A needs assessment survey was also done alongside the interviews and fifty scholarship and twenty grants for skills training are being disbursed to sexual gender violence victims (SGVV) as interventions to help meet their needs.

The project is on-going and the target for the database is one thousand rape stories. The findings of this project were disseminated at a one-day workshop held at the British Council Hall in February 17th 2001 to about 60 participants including some of the rape victims and to the larger society through radio broadcast and newspaper article following the workshop. A lot of feedback from the public was received as to show how to prevent a recurrence of such atrocities and GRADOC is embarking on some of the projects emanating from these ideas as phases II and III of the project.

The main objective of the survey was to provide primary and secondary data of the incidence levels and nature of physical violence committed against women and girls during the January 6 rebel incursion into Freetown and its environs. It has since been extend to Kenema and Lokomasama, Lungi. The data is being used to design development projects for these victims. The information will be used as a lobbying tool to impact policies of government, national and international human rights organisation, and to develop programmes to promote the rights of education of women and children will impact poverty alleviation and sustainable development. It will encourage men, women and girls to come forward and be sensitised and helped medically.

SEXUAL AND GENDER BASED VIOLENCE
The International Context
Over the last 25 years, the subject of Gender and Violence has been named as `violence against women', `sexual violence' or `gender violence'. It is a global perspective which following the convention on the Elimination of Discrimination Against women (CEDAW) 2001 has been influential in effecting a more recent shift to the language of gender violence.

CEDAW (2001) stated that the general prohibition of gender discrimination includes gender violence - that violence which is directed at a woman because she is a woman or which affect women disproportionately. It include acts which inflict physical, mental or sexual harm or suffering, threats of such acts, coercion or other deprivations of liberty".

CEDAW affirms that violence against women constitutes a violence of women's rights. The changed global context also highlighted by the United Nations Fourth World Conference on Women 1995, and subsequent conference, like the 1996 International conference on violence, abuse and women's citizenship, according to (Brighton,) has resulted in the inclusion of feminist, activists and researchers in consultative process by International bodies and many national and local governments. These initiatives were informed by feminist's understandings of and research on gender violence, its nature, impacts, prevalence and critiques of the limited responses on the part of the law, the police and the community.

The change in International context has also had an important influence on National governments. Signatories to the Beijing Declaration are now required to report regularly to the United Nations on progress made on `critical areas of concern relating to the "advancement of women and the achievement of equality between men and women" as a matter of human rights (United Nations, 1996: 33)

Violence against women and the `persistent discrimination against and violation of the rights of the child' are respectively the fourth and twelfth critical areas' and such are issues centrally included in government reports to the UN. That feminists research and activist features significantly in many reports is a testament to the widespread influence of feminists work in this area.

In Africa gender violence as most believe, seem to have been socially and culturally instituted and ascribed as a result of sex roles. Most African societies are highly patriarchal and inequality exists in terms of women's role in decision and policy making, which has implications for family roles, stereotyped roles of boys and girls culture of silence, incest and taboos.

According to the African Charter of Human and People's Rights, all International instruments governing Gender violence of which ever form need to be addressed using instruments governing Gender violence of which ever form need to be addressed using local and international means available.

Rape and sexual abuse of women have long been part of international and internal armed conflict, but have not figured prominently in war crimes proceedings, while violence not associated with armed conflict has continued in diverse forms across all societies.

There are a number of complex explanations to this gender blindness, firstly, the true level of global violence against women has remained covered. Violence against women remains widely unreported and therefore it is not officially recorded. Economic and social dependency upon the men who are abusing them prevents many women from reporting the violence they suffer. In many instances where violence is reported, legal officials regard it as a private matter and fail to respond as they would to public violence and other forms of criminal assault. Traditional and cultural assumptions about gender violence within society are used to justify continued oppression and subordination of women. Challenging these is seen as socially destabilizing and as a threat to family social cohesion.

The National Context - Sierra Leone
The ten year long civil war in Sierra Leone caused mass exodus of refugees to neighbouring countries as well as displaced hundreds of thousand of citizens countrywide. Refugees and internally displaced persons have suffered unimaginable acts of violence as a result of the conflict. Women and young girls have been particularly affected by the war and many raped, maimed forced into prostitution and involved in unwanted relationships.

On the 6th January 1999, Revolutionary United Front (RUF), Armed Forces Revolutionary Council. (AFRC) Forces invaded the city of Freetown and hundreds were amputated, beaten and abducted including men, women and children. Houses were set on fire and properties carted away and burnt. There were also widespread rape and sexual violence and abduction of women and children of both sexes. About two thousand three hundred and fifty (2,350) cases of sexual abuse were reported at FAWE, SLAUW, MSF, and MSWGCA (FAWE, 200) all that time and the number revealed later were considerably higher. Men under a patriarchal system actually enjoy war at the level of our outlet for aggression liking the rules and strict hierarchy and delighting in the technology that enables them to kill.
Men often justify their violent behaviour as a response to feeling of frustration, anger or fear of a level of power (Hearn 1996: pg27) Men that are violent to women are making a choice to be this way because even within a patriarchal ideology men can choose not to be violent, and not to use their institutionalised power to coerce women into acquiescence.

The level of violence used in such sexual encounters and the other atrocities will be revealed in the Sierra Leonean war rape stories, for example abducted women and girls were forced into marriage. Abducted women and girls were forced into marriage and turned into sex slaves as a result of which were many unwanted pregnancies contraction of HIV, sexually transmitted diseases, gynaecological, psychological and emotional problems.

Sierra Leone Association of University Women (SLAUW), Forum For Women's Educationalists (FAWE), Ministry of Social Welfare Gender and Children's Affairs (MSWGCA), MSF Holland set up a baseline survey in planning intervention programs for furthering the education, promotion of health of girl's raped/sexually abused during the rebel incursion. These institutions have branches in all parts of the country.

The Social Issue of Rape
The incidence of rape during wartime has been attributed to the evidence of hate, which accompanies the act. During war, power and the hate, sex and lust seem to reinforce the male domination, cultural expectations and unequal power relations between the sexes that, contributes to the lust factor. Would more education serve to reduce lust in a society?

A society without violence was described by Collins in the South Pacific in the island of Martinique (Cousins 2001). The adults have autonomy over their own bodies and their society precludes rape. Complementary adults marry. This situation however may not be due to much education but to a utopian vision of the world as emphasized by reconceptualists. Infact though rape can be prevented in some African societies because of recognizable structures of female solidarity, it may be difficult to.convert men to African feminist cause. Some men in Sierra Leone are compelled by tradition to dominate their wives. And for some ethnic groups the meaning of marriage causes the problem of violence.

In a transformative feminism however, both women's equality with men and rules of conduct challenge structures that support gender based violence (Cousins, 2001). Is rape caused by psychologically deranging men? Why is rape so common in a society at war? Are men aggressive? Is the pattern of rape shown in Sierra Leone war functional, intentional and patterned? Stranger rape is much more understandable than familiar rape and police rape. How can we correct this masculine misbehaviour?

Is it due to the ownership in marriage that is prevalent in the African society ? Is it why wives are beaten and raped even in the absence of war? Stories of rape have involved contradictions, absence, silence and attacks. Strategies of resistance to rape can be built up through use of legal system and female solidarity. Do these challenge social structures? It is hope that the debate which this research will bring about will address all such concerns in the Sierra Leone society and reduce the incidence of rape particularly today in war torn Sierra Leone.

Rationale/Justification
Rape has been a social problem in Sierra Leone even before the rebel war but is now of high unimaginable incidence because of the war. Many women and young girls have suffered and are now suffering because of these abuses committed during the war. There is dire need for violence to be addressed as we move from conflict to post conflicts in the design of actions/programs, polices and strategies in alleviating the problems of women and girls. Over one million persons have been affected.

Objectives of the Study/Research
The main objectives of the survey is to provide primary and secondary data of incidence levels and nature of physical violence committed against women and girls during the January 6 incursion into Freetown and its environs.

Specifically,

• To create awareness of the incidence of rape and other forms of sexual abuse.
• To use the data collected as a lobbying tool to impact policies of national and international institutions.
• To assist Human Rights organisations to develop programs aimed at promoting the rights of women and children.
• To design and develop programs in education and health for rape victims.
• To identify gaps in providing inputs to poverty alleviation programs and strategies.

Strategy
The project outputs are:
1. Visibility - data, which make visible the physical violence suffered by women and children at the hands of the rebel.
2. Proper planning - data which would inform us about development interventions for victims.
3. Lesson learnt; ideas about preservation strategy of the future generation.
4. Intervention programmes, some of these victims have expressed concern about formal education and may benefit more informal programmes and other development initiatives

Impact
The project shall serve as an eye-opener to the world on the plight of Sierra Leonean women and Children as a result of rebel war and its consequences. Long term beneficiaries - Traumatised women and girls, their families and the community at large. The victims of rebel atrocities have begun to provide us with data on their experiences and what would be welcomed by them.

As a result of on-going repatriation and rehabilitation of displaced women and children, the project has been divided into two phases.

Phase I - Survey Undertaken
From 1999 - 2000
Freetown, Kenema and the Environs in Sierra Leone.

Phase II
2001 Jan. - 2001 June - 6 months
Regional headquarters towns and highly commercialised resettle areas. Lokomasama Chiefdom, Lungi, Sierra Leone.

Phase III
On-going; It is envisaged that the survey would provide the basis of creating a database linked up with the Internet:
• sexually abused girls violence
• gender-based violence institutions/organisations

Target Group
Initially 500 victims of rape and violence were targeted for the project. Due to current repatriation and resettlement activities only the first phase of the project has been completed. A total of 226 victims were interviewed, mainly in the Western Area and Kenema and its environs. The second phase was partially completed in November 2001. Modalities for the intervention stage are being look into such as management of psychosocial stress and support needy people.

METHDOLOGY
A semi-structured interview schedule for rape victims was designed and administered. To supplement information obtain from interviews conducted, experiences of rape victims were recorded, transcribed and data coded for analysis.

RESPONDENTS' ENQUIRIES
At the end of the interviews, respondents were given an opportunity to ask questions. Questions were raised about the contact address of the interviewers (12.8 percent), the motive for conducting the survey (8.4 percent) the outcome (4.9 percent) and obtaining help in the form of credits (10.2 percent). Also 8.4 percent of the respondents enquired about course support, 9.3 percent about loan repayment, 0.9 percent about medical assistance, and 1.3 percent about child support. Respondents also asked about what they would benefit from the survey.

SUMMARY
The conduct of the survey was necessitated by the need to document incidence of sexual abuse suffered by young girls and women in Sierra Leone particularly during and immediately after the invasion of Freetown in January 1999. The information collected and analysed shows that the victims of such sexual violence are scattered all over the country. The next phase of study would also take the spatial spread of the victims all over the country.

THE FOLLOWING ARE HIGHLIGHTS OF FINDINGS:

• Over 50 percent of the respondents currently reside in Freetown Environs.
• Almost 70 percent of them live in private residences and 29.6 percent in camps
• A total of 74.8 percent of the respondents is outside Freetown.
• Over 80 percent of respondents are between 15 and 29 years.
35.8 percent of the respondents are currently unemployed but only 16.4 percent were in this category before the incident.
• 32.7 percent of respondents were students before the incident. Many, of these lost the opportunity of continuing with education, which would have enhanced their status in the future.
• Respondents requested for support to either pursue their education or promote the business they already engage in.
• Over 60 percent of respondents were gang raped leading to widespread incidence of STD's of various types.
• The use of drugs was also widespread and was distributed to all age categories of respondents but more especially to those 15 years and over.
• All respondents were traumatised and suffered from depression weight loss and loss of appetite.
• Also 27 percent became pregnant as a result of the rape but only 15 percent had babies who are surviving. Others lost their babies or had abortions
• 28.8 percent got no medical attention and 18.6 percent no counselling.
• All respondent indicated that they needed support of various types.

CONCLUSION
It is crucial to note that as a result of the incident many school children lost the opportunity of furthering their education, which is so vital to the improvement of their status. Those who have surviving children are faced with the problem of caring for themselves and their children in the face of the high levels of unemployment among them.

More importantly, it is possible that those who did not receive medical or counselling services may be facing serious physiological and psychological problems, the implications of which can be far reaching. This is by no means assuming that those who received there services were healed of the various afflictions they suffered as victims of rebel war in the country

DISCUSSION
Of the total sample of 226 rape victims interviewed 67.3% suffered multiple rape i.e. 152 victims of SGV (Sexual and Gender-based Violence). The range of experience with the rebels varied. A summary discussion on the issue of rape as experienced in the Sierra Leone war will now be made from the range of experiences with the victims.

The experiences range from women who suffered a prolapsed uterus following rape, as well as several cases of serious injury among women who have had objects inserted into their vaginas. Sexual assault was committed with objects such as firewood, umbrellas and sticks. Other experiences during attacks against a hamlet, village or town included abduction of victims who were then forced to become sexual partners or "wives" to their rebel captors. Once captured, victims often described trying to attach themselves to one rebel so as to avoid gang rape, be given a degree of protection and be subjected to less hardship. They often become pregnant, had children and remained with the rebel for years. Some received military training, were given drugs and later themselves became perpetrators of serious abuses.

These abuses involve finding and later abducting young girls to be later raped by their commanding officers (Higonnet, 2001).
The incidence of sexually transmitted diseases is very high among the victims of sexual violence. The incidence of HIV/AIDS in rape victims is currently unknown but of great concern given rising infections generally. There are effectively no programs available to test for infection. Girls as young as twelve have fallen pregnant as a result of rape. Twenty-seven percent of sample of SGVV became pregnant. Only 15 percent of the sample had surviving babies and 11.5 percent did not state whether or not they had babies.

According to health practitioners, victims of sexual violence often suffer anxiety and depression that lasts for years. Sierra Leonean society attaches a strong stigma to rape and women are commonly blamed for having been raped or sexually assaulted. Some victims stayed with the rebels for fear of being rejected by their family. This was particularly the case for those who become pregnant and later had a child (Higonnet, 2001).

The perpetration of sexual violence is often marked by the systematic breaking of taboos and the undermining of cultural values. At times, fathers were forced to watch the raped of their daughters, middle aged women were raped by boys as young as eleven, women were raped in public places and girls were raped during sacred coming-of-age rituals. As in other countries, the abuse of women in the Sierra Leonean conflict is rooted in the persistent rights violations that push women into a lower status with limited rights in all spheres of their lives, from home to work (Higonnet, 2001).

In thousands of cases, sexual violence has been followed by the abduction of women and girls and forced bondage to male combatants in slaverylike conditions, often accompanied by forced labour. These sexual crimes are most often characterised by extraordinary brutality and are frequently preceded or followed by violent acts against other family members. The rebel factions use sexual violence so as to terrorise, humiliate, punish and ultimately control the civilian population into submission.

While it is usually the case that women know the perpetrators of these violations, very few have dared to bring charges for fear of reprisals against them and their families. However, those girls who have either been released or managed to escape rebel captivity indicate that the overwhelming majority are sexually abused. The violence has affected thousands of girls and women of all ages - between 9 and 80 years.
While members of the Revolutionary United Front (RUF) and Armed Forces Revolutionary Council (AFRC; the renegade members of the Sierra Leonean Army who led the 1997 coup, now sometimes also known as the West Side Boys) have been the most common perpetrators of sexual violence, members of the civil defence force - the biggest and most powerful of which is the Kamajors - and the loyal Sierra Leonean Army have also been implicated.

Sexual violence within the Sierra Leone conflict is not only a war crime, but - given its widespread and systematic nature - is also a crime against humanity. Rape and other forms of sexual violence also constitute torture when they are intentionally inflicted on a victim by an official or with instigation, consent or tolerance, for purposes such as intimidation, punishment, or elicitng information. Grave breaches of the laws of war, torture, and crimes against humanity are crimes of universal jurisdiction: any nation may prosecute the perpetrators, regardless of their nationality, the nationality of victims or where the crimes took place. However, it is not necessary to find that rape and sexual violence take place systematically or on a wide scale in order to prosecute the perpetrators under national law. Just as a single case of murder of a civilian can be prosecuted, so too can a single rape (Higonnet, 2001). The S.G.V.V. (however) are not willing to bring the perpetrators to justice because of the stigma attached to rape in the Sierra Leone society. Maybe cases are held in camera, albeit within the Truth & Reconciliation Commission, there might be more hope of justice being done.

In case one, age 18 years, is presently doing Tailoring with FAWE, narrates her experience with the Rebels to us: "I was in Makeni when the rebels attacked us, my mother was killed and my sister was taken away. I have not set eyes on my sister since then I was taken away by a different rebel group from the one that killed my mother and took away my sister. While I was with them three men raped me brutally before the captain of that group took me as one of his wives. I was taught how to use the gun but never got to use it in battle. I was given drugs. Escaped from them after a month and 2 weeks back in town I had some STD problems and psychological breakdown but never got help. I would like to be helped financially so that I can continue with my tailoring when I finish with FAWE."

Case number two explained: "I was with my husband and child when they attacked us. We ran to the bush to hide it was here that they killed my husband. I managed to escape with my child and we came down to town meet my brother-in-law for about seven months then we returned to Kono. After six days in Kono we were attached again by the rebels, we ran to the bush and we were there for three months during that time my child was feeling sick, the rebels caught up with us but due to my sick child they let me go. From the bush we went back to Kono but my parents had been killed and our house burnt down, I returned to town and found FAWE. I got no medical assistance because I could not afford it, but got counselling from FAWE."

In case three, she was 27 years old, now explains: "I was staying in Joe Town when the rebels attacked and took me away, by then I was two months pregnant. I was taken to the bush with them. First day with them I was raped by three men, the other days varied from one to three. I was with them for a week. I lost my pregnancy. I escaped when they sent me to buy food for them from a nearby village. I had STD but got treatment and counselling from FAWE. I would like to be help financially so that I will do business to support myself."

In case four, this lady who was 16 years old explained: "I was held in the village and my parents were kill. I was taken away in the bush and raped. I was with them for 1 year 3 months. During which I was used sexually, given drugs and taught how to use the gun, I was also used as a beast of burden. I managed to escape back in town I suffered from stomach ache and vaginal discharge but manage to get medical treatment. I usually get counselling from friends and relatives who sometimes talk to me to encourage me."

In case five the lady was 22 years old explained: "On January 6 at about 1 p.m. I heard gun shorts all around me and saw house going up in flames. I could not run fast enough because of my children, my husband had gone to work. My house was set on fire and the process of trying to run out my eldest child was left back in the house. I escape with only my 3 months old baby into the bush, where I was later captured by the rebels under gunpoint. I was with them for about five days during which I was taught to use gun, served as cook and was sexually abused by two, three, four men a day, regardless the fact that I had a baby with me. I was offered drugs but refused to take it because of that I was beaten and threaten. I escaped from them when I was sent to the market to buy food with my baby. I suffered from some STD and psychological trauma. I got some assistance from my aunty who is a nurse. I get no counselling."

In the light of the above the following recommendations are put forward.

RECOMMENDATIONS
It is recommended that GRADOC in collaboration with her partners, speedily put the necessary mechanisms in place to implement the programme meant to make interventions that would enhance the coping strategies which victims have already put in place for their well being and that of their children.

THE EX COMBATANTS

Ex-combatant should be made to understand the consequences of committing such spate of violence against women.
Immediately refrain from sexually abusing girls.
Provide sensitisation and education campaign for all ex-combatants and commandos on the rules of the war and standards of Humanitarian Law.
Avail themselves for unhindered investigation of widespread sexual abuses by coming forward for reconciliation.

TO THE GOVERNMENT

Formulate strategic alliance and networking with NGO's on meeting the needs of abused women and girls with a view of promoting social, medical and legal response.
Government to ensure effective education and information campaign on rape and sexual abuses.

TO THE INTERNATIONAL COMMUNITY

All International Convention and Charters on Sexual abuse and war crimes be fully exploited to prevent re-occurrence.
The mandate of UNAMSIL and TRC be tailored to create a forum for addressing such crimes committed during war and come up with recommendations for necessary support base.

TO THE NON-GOVERNMENTAL ORGANISATION

NGO's to intervene on strengthening the provision of existing capabilities for:
FAWE to meet the educational and childcare needs of victims.
Other NGO's to involve in similar moves to bridges the gaps
Skills training to be provided in other relevant areas.
Development of strategies for training and education of victims
Human rights education to be fully pursued.
Other areas of benefit.
Medical assistance and support on STDs/HIV and reproductive health.
More support to be provided for trauma healing.
More intervention to be targeted at returnees whether in private homes or camp, or in the resettlement area.

TRUTH & RECONCILLATION COMMISSION
PRESENTATION AT THEMATIC EVENTSPECIFIC AND INSTITUTIONAL HEARINGS
BY ABATOR THOMAS
PRESIDENT
THE 50/50 GROUP
OF SIERRA LEONE
SATURDAY 24TH MAY 2003

Presentation at Thematic, Event-Specific and Institutional Hearings - Abator Thomas, President of the 50/50 Group of Sierra Leone,
Saturday 24th May 2003.
TOPIC: The Political and Legal Status of Women and Girls in post conflict Sierra Leone.
Introduction

Mr/Madame Chairperson, on behalf of the 50/50 Group of Sierra Leone, I wish to express our sincere thanks to the Chairman and Commissioners of the Truth and Reconciliation Commission for the invitation to the 50/50 Group to make this presentation on this platform to you and the nation.

Background
Although women are always the best campaigners, they are marginalised after the election. They are not in the decision-making bodies in political parties and only a few are found in the executive of such parties. Only a few are in positions of power.

What is the 50/50 Group?
Sierra Leoneans formed this group in November 2000 to empower women to participate effectively in politics and other leadership and decision making positions. It is an all-party campaign for more women in Parliament, local government and public life.

The group has various activities including the training of women and men in campaigning, lobbying and public speaking skills.
To date, with help from The British Council, many women and supportive men have benefited from various training sessions. As a result of this, and more recently with help from the National democratic Institute (NDI) and the Westminster Foundation for Democracy, over 165 women contested in the last general election. We currently have 14% representation in Parliament.

We have seen:
(mvii) the first woman deputy speaker
(mviii) the first woman presidential candidate
(mix) the first women presidential candidates
(mx) an increase in the number of women M Ps and ministers

Mission Statement
To increase the level of female participation in good governance both central and local and to ensure gender parity in all works of life

Membership
Membership of the 5O/5O Group is open to all concerned women and supportive men from all backgrounds and ethnic groups

Membership benefits include:
• training in campaign, presentation and other relevant skills including the internet
• information
• civic education on the electoral process.
Objectives
• To increase women's participation in democratic politics and other decision making bodies.
• To lobby for the Zipper system of representation in politics. i.e one man one woman on party lists.
• To make women candidature attractive to political parties.
• To sensitise women about the importance of standing for parliament and local council and make a difference in the lives of Sierra Leoneans.
• To positively change Sierra Leoneans' perception of women in politics.
• To reduce the marginalisation of women by giving them training in skills that would enable them to enter the political arena and other decision-making position with confidence.
• To provide advice and encouragement that will enable women to participate in politics.
• To advocate that barriers against women going into politics be removed.

ACTIVITIES
• Training of aspirants for general and local election and other leadership positions;
• Research, documentation and information on all political parties, arms of government and institutions;
• Lobbying civil society on the rights of women through vigorous media campaigning;
• Civic education on the electoral process and good governance;
• Ensuring gender balance in current legislature and other aspects of governance;
• Establishing 50/50 Group branches in all districts and educational institutions;
• Production and regular review of our training manual;
Developing an institution for training women in leadership, personal development and other empowering skills
• Developing and maintaining a talent database for women.

ACHIEVEMENTS
• Since its inception in 2000, with the help of the British Council, over 600 women and supportive men have benefited from approximately 50 training sessions
• British Council sponsored 2 women to travel to the UK to shadow 2 British MPs in the June 2001 Elections
• Production of a training manual
• Production of a participants handbook
• Production of Sierra Leone women's manifesto - this manifesto addresses the needs of all women in this country - what they need to make their lives tolerable
• Worked with National Democratic Institute for International Affairs (NDI), to recruit and train 60 female aspirants for the May 2002 General Elections
• Worked with Westminster Foundation For Democracy to conduct 20 sensitisation workshops through out the country
• The setting up of a Website
• As a result of this, m May 2002, 165 women contested m the May 2002 Presidential and Parliamentary elections. Today, we can boast of 16 female parliamentarians compared to 8 in the last parliament, 3 full women Ministers and 3 Deputy Ministers compared to 2 women Ministers and 2 Deputy women Ministers in the last cabinet.

Our contact:
The Secretariat
C/o The British Council
Tower Hill
Freetown
Sierra Leone
West Africa
Tel: cell: 232 22 76 662
Office: 232 22 221104
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Business Hours
Monday-Friday
9.00a.m.-4.00p.m.

It is against this background, and in accordance with our mandate, we make the following recommendations on the Political and Legal Status of women in the post war period. We hope these recommendations if adopted will bring about the changes needed to make the lives of women a lot better than what it has been in the past.

Sierra Leone signed the Convention on the Elimination of Discrimination Against Women (CEDAW) on the 21St September 1988 and ratified the same on the 11 th November of the same year. A good number of legislation in force in Sierra Leone are pre 1988, therefore the objectives of the convention were not considered when these legislation were being enacted. Sadly, this means that the practical realization of the convention will not have any effect except positive steps are taken by the legislature to provide the legal framework.

The constitution of Sierra Leone 1991, Act no 6 of 1991 embodied the broad principal of equality between the sexes and non-discrimination as required by act 2(a) of the convention.

The constitution also gives all, opportunities and benefits before the law based on merits. This general principle of equality though enshrined in the constitution falls short of what is expected in the convention.

There should be enacted a sex discrimination act prohibiting discrimination in employment, approval of sureties, acquisition and disposal of property, administering of estate etc. Specific provisions should be enacted giving equality to women in the areas of succession, entry into contracts especially in leases and receiving loans.

With the enactment of these legislation to ensure that the provision of CEDAW are observed and maintained it is imperative that there is in existence tribunals of courts dealing with cases where sex discrimination is alleged and there should also be right of access to these tribunals.

The introduction of these tribunals will necessitate the setting up of centers where advice will be provided and also the establishment of Legal Aid funding system. There will also be the need for speedy procedures to be put in place in processing the allegations or setting the claims.

The Convention requires state parties to take appropriate measures to abolish practices, which constitute discrimination against women act 2(f). One such practice that must be abolished by legislation is that of maternity related dismissal, particularly in organisations and companies. There must be protection of pregnant women at work, entitlement to a reasonable period of maturity leave and automatic payment of employees salary and normal benefits during maturity leave. In effect there must be statutory leave pay.

It has now been realized that sexual harassment and violence against women can amount to sexual discrimination. A substantial amount of work has to be done in that area. One light at the end of the tunnel in this area is the new specialized branch in the police force with officers being trained in counselling, handling and advising victims. These officers must appreciate that cases involving husband and wife, boy and girl fried should not be disposed of as domestic matter but must be treated under the correct head of violence and harassment. There is a need for special legislation in this area to take violence against women out of the general law involving offences against the person. Steps should be taken to raise awareness among the general public about the destructive and degrading effects these wrongful practices can have in society, especially on children.

Apart from legislations, which should involve sanctions, it is important that Government makes it a policy to ensure sex equality and non-discrimination is all aspect of life.

It is also necessary to put in place systems to monitor policy and activities in government Ministries and departments.

Attitude towards women's involvement in politics in Sierra Leone is changing gradually especially since the establishment of the 50/50 Group two and a half years ago. This group has trained a number of women all over the country and encouraged them to stand for political positions with the support of the British Council, the NDI and the West minister Foundation. As a result women in Parliament has increased from 8 to 16 women as well as 3 full women Ministers and 3 deputy women ministers.

In spite of this increase the political arena is still male dominated. It is recommended that there should be a statutory provision stating the minimum percentage reserved for women in these bodies - this will ensure that the views of women are considered in all issues.

The 50/50 Group will soon be launching a massive campaign as well as training for women in all the districts to promote women's participation in the coming Local Government Elections.

Some discriminatory practices which must be abolished especially in the North of Sierra Leone, is the practice of not allowing women to become Paramount Chiefs or given the right to acquire and own property in their own names.

Finally, the problem of teenage pregnancy as it adversely affects the girl involved. She inevitably drops out of school with a stigma and is unable to complete her education. This means she will not be in a position to secure a good job, which makes her capacity to function in society generally limited. It is clearly discriminatory for the boy to be allowed to further his education while the girl is not. This problem needs to be addressed urgently if we want to empower women to attain equality.

What is the way forward? We need to identify all laws, customs and practices that are discriminatory, abolish them and set up an effective machinery to monitor the implementation of CEDAW.

We hope the Truth and Reconciliation Commission (TRC) would help in this direction by including Law Reform of these discriminatory laws in their recommendations. These laws affect women adversely.

"Sierra Leonean women are not only asking for a slice of the pie, they are saying that they have learnt the lessons of the past and now want to make a difference to how the pie is shaped."

MINISTRY OF SOCIAL WELFARE, GENDER AND CHILDREN'S AFFARIS
SUBMISSION MADE TO:
THE TRUTH AND RECONCILIATION COMMISSION
ON THE THEME:
"THE SITUATION OF WOMEN AND GIRLS IN THE PRE-CONFLICT, CONFLICT AND POST CONFLICT SIERRA LEONE"
AT
THE Y.W.C.A. NEW HALL, BISMACK JOHNSON STREET FREETOWN
ON THURSDAY 22nd MAY, 2003
SUBMISSION MADE BY:
THE MINISTER
MINSTRY OF SOCIAL WELFARE
GENDER AND CHILDREN'S AFFAIRS
FREETOWN,
SIERRA LEONE.

INTRODUCTION

His Excellency the President Alhaji Dr. Ahmad Tejan Kabba in his address on the occasion of the state opening of the first session of the First Parliament of the second Republic of Sierra Leone on Friday the 7th June 1996 informed the nation of the creation of the Ministry of Gender and Children's Affairs.

According to him, the President realized that “Women and Children make up the bulk of our population, yet they continue to play an insignificant role in decision-making. To address this anomaly, a new creation of the government is the Ministry of Gender and Children's Affairs. Its role will be to advocate and ensure a more equitable allocation and national ease of financial and organizational resources at all levels of society particularly women and children”.

To demonstrate the government's commitment to the enhancement of women and children, it pleased His Excellency the President to appoint Mrs. Amy Smythe as Minister of this new creation.

Prior to the creation of this Ministry, issues relating to women and children in Sierra Leone were being addressed by various government sectors like the Women's Bureau and National Council for Children (NCC). The then Ministries of health and Social Services, Education and Agriculture also played their own part in addressing related issues. This became a source of concern to our international donor agencies like UNDP, UNICEF and UNFPA because there was no established and effective coordinating mechanism for the mobilization and optimal utilization of their assistance.

The creation of the Ministry of Gender and Children's Affairs was therefore very timely because it has become the central point through which development programmes for women and children could be channeled. The mandate of the Ministry of Gender and Children's Affairs is quite explicit.

Among other responsibilities, Ministry of Gender and Children's Affairs is the principal government's machinery for monitoring and coordinating all activities including existing structures relating to women and children. It is supposed to coordinate efforts of NGOs, UNICEF and other donor agencies in addressing the needs of children and women.

The Ministry also raises awareness and recognition of the gender gap and takes positive steps to narrow gender disparities, child abuse, violence against women and marginalization in the country.

After the Armed forces Revolutionary Council's (AFRC) interregnum and with the return of the democratically elected government of His Excellency Alhaji Dr. Ahmed Tejan Kabba in 1998, the Ministry of Gender and Children's Affairs was merged to the Ministry of Social Welfare. It is presently known as the Ministry of Social Welfare, Gender and Children's Affairs. This Ministry is made up of two divisions: the Social Welfare division and the gender and children's division.

MISSION OF THE MINISTRY
The mission of this ministry is to ensure the provision of services to socially marginalized, disadvantaged groups, less privileged particularly children and women, the disabled, whether groups or as individuals, family units and the needy in our communities.

In this regard, the ministry's mission is to promote and advocate for the needs and rights of these vulnerable groups mainly in the area of resource mobilization and allocation and to ascertain any necessary law reforms.

The mandate of this ministry is to provide services for the socially marginalized and disadvantaged groups in society. Its programmes therefore are geared towards creating a conducive atmosphere for these categories of persons. Its activities embrace families, communities, women, children, the aged, mentally and physically disabled and street children.

Realizing however, that the Truth and Reconciliation Commission is determined to carry out its mandate particularly with regards to capturing the experiences of women and children, my Ministry will now attempt to make a presentation on the situation of women and of women and girls in the pre-conflict, conflict and post conflict Sierra Leone.

PRE-CONFLICT SIERRA LEONE
By pre-conflict Sierra Leone, I mean the stage before the outbreak of the full-scale rebel war. Here I will attempt to look at the situation of women and girls during this period. As we all know, women make up about 52 per cent of Sierra Leone's population and play a key role in production, reproduction and community management in the country.
In the rural areas where 62 percent of the Sierra Leone population lived, women's importance is first and foremost associated with their reproductive value.

Domestic work and reproduction - related activities take most of the time of women. They rear and take care of the children as well. Although these duties are vital at all levels in the society, they are hardly noticed on attributed any value. As a result, women are given very little support to reduce their work load. Indeed the contribution of women is not included in national accounts and cannot even be accurately measured for lack of appropriate classification.

Nevertheless, the Sierra Leone women during this period continued to toil for the good and welfare of the home and for the society in general. The socialization process in the family and in the community at large rested squarely on her shoulders. In both the rural and urban settings, she was responsible for the upbringing of her children on to adulthood. When the girl child who will then be of a marriageable age enters marriage she must be found a virgin. Credit then goes to the mother, if not, the mother will be blamed and shamed for the defaulting child.

The issue of good manners, discipline, self-restraint, respect for elders and fear of God, etiquette and good education and vocational training, was the order of the day and norm in society.

I am talking of the good old days before independence and even after independence. The women were held in high esteem; and the mother was founded by traditions and the norms in society to bring up her girl child well. Then the phrase "little girls are to be seen and not heard" was a household cliche. There was peace and tranquility in the land. Everybody was one another's keeper. A child misbehavouring on the street was the sole responsibility of the neighbour or ordinary passer-by to discipline such a child; and he or she got the concurrence of the mother.

It was a taboo to hear pf pregnant school girls on even girl mothers. This phenomena was unheard of. Mothers educated their girls as to the stigma attached to such behaviour. Those girls who fell victims to early pregnancies found it difficult to forge ahead, only an insignificant number of women were in policy and decision-making levels both at traditional an central governance. "A woman's place was in the home" was an adage subtly adhered to culturally,, lack of access to own land, customary laws governing inheritance rights, child bearing -practices contributed largely to the many inequalities suffered by women.

Access to and control of resources were based in gender relations. In Agriculture, where land is collectively owned and inherited through the traditional system, the opportunity for women to gain access to this resource depended on their status in the family. Generally, women had the right to posses land but not to own it. Consequently, they were reluctant to invest in land a it could be withdrawn from them at anytime. The incidence of rape or incest with young girls was very infinitesimal.

Then came the 1967 and 1973 general elections in Sierra Leone and things started going down hill. Thuggery was introduced into our once peaceful society. Girls as well as boys who were now youth were trained to be thugs and many became drug addicts; women were molested, young girls tampered with. The element of "Sugar Daddism" reared its ugly head.

The students uprising in 1977 signaled to this nation and those that governed that all was not well. For the first time in history of Sierra Leone, "thugs went up to Fourah Bay College beat up students and some female students raped. By this time, a good number of women have lost their moral values for money and ill-gotten wealth- corruption was now firmly entrenched. With hosting of the OAU in 1980, Sierra Leone was generally characterized by deteriorating economic and social circumstance which led to civil disturbances and growing instability. Then came the structural adjustment policies and 1.M.F conditionalities which helped to dismantle the traditional systems of protection and social security established by governments or by the family.

Budgetary cuts, the removal of subsidies on basic commodities, currency devaluation, high-interest loans reviews of pricing policies, privatization and market liberalization have all had a negative impact on the situation of women and girls in pre-conflict Sierra Leone, and these women have largely borne the brunt of these difficulties.
Cost recovery policies and increase in direct Service. Cost diminished women's and girls access to basic social services. With regard to health, the reduction in hospital beds increased the work load of women who consequently had to take care of patients at home.

The life of our women and girls at this time was reduced to a mere druggery. Most women who were conscientious, had to engage themselves in all kinds of petty trading in order to support and help sustain their families. Families were disunited, corruption and bribery were rife and a lot of square pegs were put in round holes.

By the late eighties to early nineties, the seed of discord was already sown in Sierra Leone, women could no longer feed themselves properly let alone their children. Values dropped and the weak populace especially our women and girls get enticed and swallowed by ill gotten wealth. Visibly one could see a simmering and threatening volcano of pent up emotions and problems which could erupt at any time.

THE SITUATION OF WOMEN AND GIRLS IN CONFLICT SIERRA LEONE
One of the greatest obstacles to the development of a country is the little recognition that is given to the role and work of a woman in her community and in her country as a whole. Her traditional role is seen to be inferior to that of the man and she is still type cast as mother and home maker. In times of conflict and crisis, however, her role undergoes a dramatic and significant change. Often she is forced to become the sole bread winner and the person who has to make all the major decisions in order to protect her family.

Sadly however when normalcy and peace return, that selfsame woman is again relegated to her inferior position behind the man and the kitchen or pump, despite the active role she may have played during the conflict.

So it was with the women of Sierra Leone. When the ten year rebel war occurred they rose to the occasion by their myriad coping strategies and the ministry of Social Welfare, Gender and Children's Affairs was always ready to pander to the whims and calls of women and girls who came to them for help.

It gives me greatest sadness when I reminisce on the situation of women and girls during the conflict in Sierra Leone. Violence against the civilian population and acts of gender based and sexual violence against women and girls including rape and gang rape and abductions, beatings, killings, torture, forced labour, gun shot wounds, serious injuries, amputations and forceful recruitment of children were increasingly common features of the Sierra Leonean rebel war. Physical and psychological consequences for the women's right who had been raped, for their families and for future generations especially taking cognizance of the fact that not only was the core of our social fabric shattered but also the immense of rampant spread and prevalence of HIV/AIDS.

The overwhelming sense of loss (of home and family) and stigmatization, contraction of the deadly disease, HIV lack of hope for the future affected the mental and physical health of a lot of women and girls which today leads to an increase in risk taking behaviours by these victims/ survivors. During the conflict period, the women's and girls physical and social vulnerability increased. Our ministry saw how stress and malnutrition endangered the health of pregnant and lactating women and their children.

The conflict brought about the breakdown of family and social networks which left many households headed by women, who were forced to offer sex in exchange for food, shelter or protection. This breakdown of social network mentioned earlier in particularly damaging to the girl-child because these networks provided the emotional and psychological support to guide their sexual development.

The girls behaved a if they were older than their age. Most of them drank alcohol and smoked at an early age. During the rebel war many of these girls saw their relatives and neighbours die and even on the way to refuge, they lived through the ordeal of hunger, exhaustion, cold and more violence. Most of them ran the highest risk of sexual violation, some turned to prostitution in order to survive. When we visited the Jembe Camp on Bo/Kenema highway as a ministry, during the war, we found out that the boredom, hopelessness, uncertainty, insecurity and frustration of refugee life resulted in risk-taking behaviour such as unsafe sexual activities, tobacco, drug and alcohol abuse. It is estimated that 50,000 - 64,000 women/girls may have been sexually abused during the war by combatants-many of these were gang raped; most of these never received medical care. The incidence of women as heads of household during the conflict is either phenomenon of empowerment or an indication of their precarious situation. Whatever the case it is reality that is overturning the conventional definitions of gender relations and social roles.

In many villages during this conflict period, the exodus of men and the brutal death of men, has made women head farmers) although the family structures do not consider them as heads -and women do not enjoy the legal and fiscal rights attached to these positions. The gap between the reality of their status as recognized within the family can no longer be ignored.

For women, the loss of a husband in the conflict has a very significant impact on her status in her community widowhood meant the loss of status. A lot of ills happened to women and girls and all kinds of atrocities were practiced on their persons. Nevertheless the resilience and iron will of our women and girls were strongly exhibited, and these were made manifest by their sheer desires and drive to survive in the midst of all these terrible conflict.

The conflict however did not pass the women and girls without some positive touch. A sizeable amount of the women who were illiterate were craving to be taught saleable skills for their survival and that of their family. There was the ardent urge in them to go back and rebuild after the war. The ministry was involved in the provision. A lot of psychological trauma counseling, gender based violence interventions, medical and educational and humanitarian assistance to women and girls to keep them healthy and mentally sound for the task of reconstruction after the end of the war.

In collaboration with its development partners the ministry also established a family tracing and reunification network for separated children and their families at national level. Life for our women and girls during this conflict period was very sad and deflating for a greater majority, whilst some of the experiences were invigorating and challenging for other women and girls.

Notwithstanding, the women of Sierra Leone proved themselves a force to be reckoned with when they exhibited their resilience in ensuring the promotion of the peace process. They demonstrated their capability in unity when they facilitated an action that set the pace for the subsequent fall of a tyrant in an era of this country's history. The-historical march of women on May 6th 2001 at the residence of the former RUF Foday Sankoh, in protest against continued bloodshed and violations of human rights was unprecedented. This action was followed by a protest demonstration by the civil society which resulted into the cold-blooded deaths of civilians and the eventual fall of Foday Sankoh on 8th May, 2001.

THE SITUATION OF WOMEN AND GIRLS IN POST CONFLICT SIERRA LEONE
Surviving after a horrendous rebel war like ours was not an easy task. Therefore our women and girls who survived are winners and victors. In post conflict Sierra Leone, the issue of restructuring, rehabilitating and rebuilding are very strong. Every faction both perpetrator and survivor must be involved in the process of reconstruction and peace building. It was with this in mind that a national consultation was organized by the Ministry of Social Welfare, Gender and Children's Affairs, in collaboration with the Commonwealth Secretariat, UNDP, the British Council and UNICEF in May 2001.

The consultation focused attention on the fact that a decade of armed conflict and political unrest in Sierra Leone has affected women and girls; men and boys in different ways. The devastating human cost, in terms of suffering and death, loss of livelihoods, rape, torture and mutilation, the use of child soldiers, the spread of HIV/AIDS and other sexually transmitted infections and refugees and displaced persons has been borne in different ways by women, men and children.

In the same view, the destruction of basic infrastructure such as housing, water and sanitation, health services and schools has affected women and girls, men and boys in different ways. In Sierra Leone it is clear that the conflict has caused extensive damage to the entire social, economic, legal an political fabric of the country.

Our women and girls of Sierra Leone will never be the same again. The post conflict era has come with a lot of enlightenment and challenge for our womenfolk. The conflict which made them face dreadful moments have strengthened their resolve to live and to contribute positively in the development of Sierra Leone.

A lot of sensitization and awareness raising workshops on human rights and peace building is proving to be beneficial to our womenfolk. Vocational and skills training centres teaching saleable skills are springing up all over the country. The culture of silence is being broken as women can now speak in foras like political meetings, reconciliation commission meetings. They are now actively engaged in politics and are beginning to enter the same domain of decision-making in the country.

The education of the girl-child has gathered more momentum and significance, and in this vein, the Ministry of Social Welfare, Gender and Children's Affairs is helping a limited number of youths with some funding for their schooling. Our women and girls are now very anxious to be educated. The country is moving, and we hope, in the right direction.

Conclusion
From observation, Sierra Leone will never be the same again as our women's opinions of themselves has greatly improved. What the government of Sierra Leone needs to do is to put modalities in place that will improve the lot of women and girls for good; and what better place for such tools than the Truth and Reconciliation Commission. It is with this is mind that the Ministry of Social Welfare, Gender and Children's Affairs will make recommendations on behalf of the women and girls of Sierra Leone.

Recommendations through the Truth and Reconciliation Commission
1. The Government of Sierra Leone should take concrete steps to build and strengthen the capacity of the Ministry of Social Welfare, Gender and Children's Affairs to play the lead role in integrating gender into post-conflict reconstruction.
2. The government of Sierra Leone should take action NOW through the Law Reform Commission to review and reform the laws which are weighted to against women, such as laws relating to inheritance, violence against women divorce, rape etc.
3.i. Investment opportunities, particularly for women and girls, should be enhanced by: facilitating the acquisition of capital in the form of low-interest credit from reputable financial institutions;
(ii) Providing agricultural and other related inputs including processing, transportation and marketing facilities for rural residents particularly women;
(iii) Providing access to training to enable women to operate businesses an other income-generating activities with more expertise.
4. The government of Sierra Leone should create women centres in the four regions of the country under the purview of the ministry to facilitate saleable skills training for women.
5. The government should empower the Ministry of Social Welfare, Gender and Children's Affairs to open community-based rehabilitation programmes to address the needs of war-wounded survivors with disabilities. This community-based initiative should provide training for the making/manufacturing of rehabilitation aids e.g. crutches and wheel chairs.
6. Programmes should be launched at community level throughout the country to address special educational and training needs of school dropouts, especially girls.

AMNESTY INTERNATIONAL SIERRA LEONE SECTION
16 Pademba Road, P.M.B 1021, Freetown
Tel; 227354, Fax: 222073

PRESENTATION BY AMNESTY INTERNATIONAL, SIERRA LEONE ON WOMEN AND GIRLS

Mr. CHAIRMAN, Commissioners, other workers of the TRC, distinguished guests, colleagues and all present for this Thematic Hearing, I want to bid you all Good Morning.

I am here on behalf of Amnesty International Sierra Leone Section, to make a presentation on issues relating to Women and Girls because we also agree that this category of the population have been particularly disadvantaged in many ways thus making them susceptible to many human rights violations.

This presentation is therefore a response to the invitation made by the TRC to our organisation for a Thematic Presentation on issues that have affected and are affecting the rights and well being of Women and Girls before and during the war.

In this presentations I will also attempt to the best of my ability to highlight the work done by my organisation and make recommendations towards upholding the rights of Women and Girls.

In view of what i have just mentioned, I will like to start by giving an overview of what Amnesty International as a movement stands for.

Amnesty international Sierra Leone, belongs to a worldwide voluntary movement which fights to promote and protect the rights of individuals and groups as stated in the Universal Declaration of Human Rights and other human rights standards.

In view of what Amnesty as an organisation stands for our main focus of Campaign has been to work for the freedom of all prisoners of conscience - which are people detained for their beliefs or because of their ethnic origin, sex, colour, language, national or social origin, economic status, birth or other status who have not used or advocated violence.

• The Organisation also seeks to ensure fair and prompt trials for political prisoner.
• Abolish the death penalty, torture and other cruel treatment of prisoners.
• We also work against or seek to prevent exh-ajudical executions and disappearances.
• Our movement also opposes abuses by opposition groups, hostage taking, torture and killing of prisoner and other deliberate and arbitrary killings.

Amnesty International also recognising that Human Rights (HR) are indivisible and interdependent works to promote all the HRs enshrined in the Universal Declaration of Human Right (UDHR) and other international standards through HR education.

In view of the fact that issues of Human Rights transcends, sex, our effort both globally and locally have also been targeted at helping women and girls to live in respect and dignity as we believe this also is an essential ingredient of peace, stability and development in our country.

Amnesty International therefore noting the importance and prevalence of human rights abuses against the women and girls of Sierra Leone during the period under review, took up the case of rape and other forms of sexual violence against girls and women in the year 2000. The effort culminated in the production of an Amnesty International document on 29th June 2000 in which it was highlighted that abduction, rape and sexual slavery of girls and women had been amongst the most abhorrent and distressing features of the nine-year internal armed conflict in Sierra Leone. Several testimonies were collected and documented and then submitting to other organisations for their attention and action. These recommendations which were submitted to the parties involved in the war, the United Nations Mission in Sierra Leone and other members of the international community helped to galvanise action for an end to the ten - year rebel war. It is our opinion that the cases of rape and abduction of women and girls were widespread during the war period because successive governments had neglected Human Rights Education in schools, communities and the forces before during and after the war. It would therefore be judicious if this commission will strongly recommend to the Sierra Leone Government that the teaching of basic human rights standards should be a must for the forces, and schools.

The local Section of AI in Sierra Leone also established a womens group and an International Women Network to advocate and campaign on issues that fall within our mandate. Women in this group have therefore formed the requisite structures to help in campaigning on issues affecting the rights of women. It is my recommendation at this stage that human rights issues be mainstreamed into the activities of women organization and groups so that they too would be empowered enough to advocate for their rights in Sierra Leone.

During the 10 year war, organizations such as Amnesty international discovered that the majority of those who fled the borders of Sierra Leone were women and girls. Many of these women and girls who fled the war were found to be sexually exploited by NGO workers. As a result, the International council Meeting which is the highest decision making body in Amnesty international focused its attention on increased Human Rights violations against displaced people.

AI therefore from the start of the war, researched on the flow of refugees and IDPs to obtain concrete information on the circumstance in which they live. AIs research delegation visited Sierra Leone refugees in camps in Liberia and Guinea and specifically took up reports of ill treatment of women and children in the camps. AI as a follow-up to this report urged the UN to investigate the allegations of AID workers making sexual request for aid favours in the camp. The circulation of these findings on this HR violation of S/Leonean women and girls also moved the International Community for action against such Human Rights violations. It is therefore our recommendation that NGO workers be given clear codes of conduct based on human rights principles. This should be the case especially for those NGOs working with women.

It is also worth noting at this stage in the history of Sierra Leone that successive governments in the country have neglected the sacred responsibility of domesticating international standards that protect women and girls into the laws of the land. International standards such as the Convention on The Elimination on All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC) with specific emphasis on the rights of the girl child should be properly reviewed for the purposes of domestication into our National Laws. Such efforts will not only provide a solid basis for the protection of the rights of women and girls, but it will provide a basis for human rights activism by the women themselves and many other organizations interested in advocating for the rights of women and girls.

As our nation strides towards sustainable peace and development, it is my humble submission that promoting and protecting the rights of women and girls will undoubtedly increase the contribution of this category of the population to National Development.

Faithfully Submitted,

Momoh A Jimmy
Campaign and Development Officer
Amnesty international
Sierra Leone Section

DRAFT UNIFEM SUBMISSION
TO THE SIERRA LEONE TRUTH AND RECONCILIATION COMMISSION

1.0. BACKGROUND INFORMATION ON UNIFEM
The United Nations Development Fund for Women, UNIFEM, was established in 1976 by General Assembly Resolution 13/125 in response to a specific request by some delegates to the first United Nations World Conference for Advancement of Women, held in Mexico in 1975, for the establishment of a UN women's fund.
UNIFEM works for the promotion of women's human rights and its

Support innovative and experimental activities benefiting women in line with national and regional priorities.
Serve as a catalyst, with the goal of ensuring the appropriate involvement of women in mainstream development activities, as often as possible at the pre-investment stage.
Play an innovative and catalytic role in relation to the United Nations overall system of development cooperation. 'GA Resolution 13/125).

In pursuit of the above, UNIFEM works with governments and nongovernmental organizations (NGOs), providing financial and technical assistance to innovative and strategic programs that promote women's human rights, political participation and economic security.

Within the UN system, UNIFEM fosters collaboration and provides technical expertise on gender mainstreaming and women's empowerment within the framework of the United Nations Development Assistance Framework, linking women's issues and concerns to national, regional and global agendas.
UNIFEM works in collaboration with the United Nations Development Programme, and also in partnership with other UN agencies..
UNIFEM's operational activities are through 14 regional offices in various parts of the world led by Regional Program Directors. Sierra Leone is under the Regional Office for Anglophone West Africa, based in Lagos. Nigeria. In January 2002, a Program Specialist was recruited for Sierra Leone in partnership with the United Nations Population Fund (UNFPA) to support programme implementation around gender mainstreaming within HIV/AIDS, post conflict and reconstruction and transformational leadership and governance. In addition to the Programme Specialist, a Regional Adviser for Gender, Peace and Security was recently appointed for the West African sub-region, covering Sierra Leone and based in Dakar.

Globally, UNIFEM focuses on the following three areas:

Strengthening women's economic security and rights and empowering women to enjoy secure livelihoods.
Engendering governance and peace building to increase women's participation in the decision-making processes that shape their lives.
Promoting women's human rights and eliminating all farms of violence against women to transform development into a more equitable and sustainable process)

Five core strategies guide UNIFEM's work:

Strengthening the capacity and leadership of women's organizations and networks.
Leveraging political and financial support for- women from a wide range of stakeholders.
Forging new partnerships among women's organizations, governments, the UN system and the private sector.
Undertaking pilot projects to test innovative approaches to women's empowerment and gender mainstreaming
Building a knowledge base on effective strategies for engendering mainstream development.

UNIFEM is also guided by the Beijing Platform for Action (BPA) agreed by governments at the 1995 Fourth World Conference on Women and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), internationally recognized as the "women's bill of rights" and ratified by 165 countries. UNIFEM works within the rights framework, in support of women's empowerment, and particularly within conflict and post conflict reconstruction.

In Sierra Leone, UNIFEM has been working for the promotion and protection of women's human rights, especially in the areas of HIV/AIDS prevention and transformational leadership. UNIFEM has provided technical assistance to the Ministry of Social Welfare, gender and Children's Affairs to assist In the establishment of a functioning Gender Department that will take the lead in making gender a crosscutting issue in all government ministries and departments, to ensure that all government policies, programmes and budgeting reflect gender, sensitivity.

We have also at UNIFEM, signed a Cooperation Agreement with the National HIV/AIDS Secretariat to bring expertise to include gender sensitivity in SHARP, and continue to make available our technical expertise in gender and human right mainstreaming for policy and decision makers to contribute to making HIV/AIDS a priority in post conflict reconstruction plans.

UNIFEM is also presenting collaborating with the United Nations Population Fund (UNFPA) to bring gender and human rights perspectives to HIV/AIDS prevention activities within peacekeeping, both for United Nations Peacekeepers and their host communities.

2.0. UNIFEM'S WORK ON PEACE AND SECURITY
UNIFEM's work on peace and security has been centred around the protection of women and their rights in time of conflicts, and ensuring that their participation, experiences and coping strategies during wars and conflicts are an integral part of peace building and reconstruction efforts. For nearly a decade, UN1FEM, in co-operation with governments, other United Nations bodies, international and national organizations and non-governmental partners, has assisted women in conflict situations and supported their participation in peace processes.

This work is guided by international humanitarian and human rights standards. UNIFEM provides strategic and catalytic support to mainstream gender and to support women's participation in all efforts to build peace and resolve conflicts. The extent and number of advocacy activities carried out by UNIFEM and partners on promoting peace and security viewed from a gender 'Lens, led to the groundbreaking security Council Resolution 1325 on Women, Peace and Security. Mitigating the impact of armed conflict on women requires an understanding of how conflict affects women and girls differently from men and boys. UNIFEM's support for peace building is a central aspect of its governance work.

UNIFEM has been working on the peace front in Somalia since 1993, and with Somali women and other partners, celebrated a major victory when they included women's place at the negotiating table in 2000. The Transitional National Assembly met in Arta, Djibouti in August 2000 to elect Somalia's first president since 1991. With most warlords agreeing to restore formal government structures, women acquired 27 seats in parliament.

In post genocide Rwanda, UNIFEM supported Rwanda women parliamentarians to work closely with the Rwandan Constitutional and Legislative Commission charged with the drafting of the new Constitution. Modalities were established for detailing women's key concerns for incorporation into the Constitution, and support for an ongoing consultative process to ensure an engendered Constitution as a first step in a long process of protecting women's human rights in a post conflict situation.

In Burundi, UNIFEM in collaboration with the Mwalimu Nverere Foundation supported a Burundi Women's Peace Conference to make recommendations for the establishment of mechanisms that will guarantee women's security and rights. In a historic move, 19 of those recommendations were adopted and incorporated into the Arusha Peace Process.

The Democratic Republic of Congo continues to be in turmoil, with a lot of humanitarian crises, with women still being brutalized. However the Inter-Congolese Dialogue set in motion a consultative process to find a way out of the quagmire. Unfortunately at the beginning of the process, women were not represented. The current peace facilitator of the ICD process, Sir Masire however invited UNIFEM to be part of the negotiations in follow up to the UN Security Council Resolution 1325. As a result of this collaboration, all the signatories to the Lusaka Ceasefire Agreement were required to include women in their delegations to the negotiation tables.

UNIFEM has also been involved in facilitating dialogue across regions as a key strategy for peace building. In 2000, UNIFEM brought women's experience from peace processes in Guatemala, Uganda, South Africa, and Eritrea to the peace negotiations in Burundi.
Recently in Afghanistan, UNIFEM has worked to ensure women's participation in the rebuilding of the country. In December of 2001, the Afghan Women's Summit for Democracy and UNIFEM convened a Round table on Women's Leadership in Rebuilding Afghanistan in Brussels, the outcome of which included strategic action plans for gender mainstreaming in the Yeconstimctiori of Afghanistan and the appointment of a women's minister in the interim Afghan Government.
UNIFEM has been working using 4 strategies. The first is the Early Warning and Prevention strategy to carry out situational assessments of the impact of conflict on women in a number of countries as a preliminary step in formulating larger programmes and to raise the awareness about the gender dimensions that programmes must address. These assessments have been carried out in Sierra Leone, Casamance, Senegal, the occupied Palestinian Territories, and East Timor. UNIFEM has continued to provide relevant information to the Security Council and facilitated the Council's direct interaction with women affected by conflict both during the Council's field missions and at the Arria Formula meeting on Women, Peace and Security.

The second strategy is the Protection and Assistance, which focuses on women and girls, who quite often neglected in the delivery of protection and assistance during conflict. UNIFEM helps mobilize protection, humanitarian, psychosocial and economic assistance for women. Special focus is given to preventing gender-based violence and sexual exploitation.

The third strategy is ensuring that Peace Processes and engendered and include the participation of women. UNIFEM supports women's participation in peace-building and helps to leverage the political, financial and technical support needed for these efforts to have an impact on peace processes nationally, regionally and internationally.
The fourth is Gender Justice and Post-Conflict Peace-Building, During the transition to peace, UNIFEM takes advantage of the opportunities that exist to put in place a gender-responsive framework for a country's reconstruction. As a central element of peace-building, UNIFEM has begun to develop a body of principles, policies and guidelines addressing constitutional, legislative, judicial and electoral processes and reform in societies emerging from conflict that will take promote and protect the rights of women and girls.

3.0. UNIFEM AND POST CONFLICT SIERRA LEONE
The TRC as established by the Parliament of Sierra Leone provided an important opportunity for UNIFEM to engage in consultative processes in not only documenting abuses and gross violations of women's human rights during the conflict, but more importantly to provide women's faces, and their needs for post conflict reconstruction and peace building to the reconciliation processes.

The TRC was established with a wide mandate to create an `impartial historical record of violations and abuses of human rights and international humanitarian law related to the armed conflict in Sierra Leone, from the beginning of the Conflict in 1991 to the signing of the Lome Peace .Agreement. More importantly, it is tasked to `address impunity, to respond to the needs of the victims, to promote healing and reconciliation and to prevent a repetition of the violations and abuses suffered.

The TRC is also tasked to `investigate and report on the causes, nature and extent of the violations and abuses, to the fullest degree possible, including their antecedents, the context in which the violations and abuses occurred, the question of, whether those violations and abuses were the result of deliberate planning, policy or authorisation by any government, group or individual, and the role of both internal and external factors in the conflict.

The TRC also has as part of its mandate, the restoration of the `human dignity of victims and promote reconciliation by providing an opportunity for victims to give an account of the violations and abuses suffered and for perpetrators to relate their experiences, and by creating a climate which fosters constructive interchange between victims and perpetrators, giving special attention to the subject of sexual abuses and to the experiences of children within the armed conflict.

As we are all aware, women, girls and children bore the brunt of the brutality during the decade long conflict. The gross abuses perpetuated against women and girls during the conflict have been well documented, and already presented by survivors and organizations working with women to the Commission.

While the outside scars are beginning to heal, women still continue to bear the brunt of trying to survive the aftermath of the conflict in their every day lives. The war provoked a great deal of migration from the rural to the urban areas. Women are forced to live in camps with little economic activity on which to sustain their family. As a result of the war, many women have become -heads of households with little access to resources, occasioned by .patriarchal traditional structures and weak government structural support for them to perform these roles. This has contributed to the increase in prostitution between refugee and displaced populations with the antecedent risks for STDs and HIV/AIDS infection.

Sierra Leone before the war was one of the poorest countries in the world, and the aftermath of the war has created further breakdown of social services like health and education, with increased burden on women who have to provide unpaid care services to their immediate families, war orphans, and people living with HIV/AIDS. The lack of access to health to basic health facilities also increased infant and maternal mortality rates, with the reproductive health and rights of adolescent women particularly becoming vulnerable.

As a result of the systematic rapes, brutalisation, and other forms of violence perpetuated against women, a number on women in Sierra Leone now suffer different forms of health-related diseases. deteriorating mental health. and battered reproductive systems. While physical health diseases are easier to deal with, the psychological effects of the war on women and girls remain a more difficult terrain. This is especially so in a country and region that views mental health as an aberration of some sorts.

The war has meant a destruction of agriculture in Sierra Leone, but more importantly, an important source of livelihoods for women since women in Sierra Leone constitute over 80% of farm labour.

The presence of peacekeepers also has implications for the situation of women and girls. In a country of extreme poverty and limited options for girls, the demand to engage in commercial sex work is great especially with the presence of a large number of young and unaccompanied men with access to money.

The possibility of involvement of some of these sex workers in international sex trade cannot be overlooked. A significant number of Sierra Leonean and Liberian girls who accompanied ex peacekeepers home can be found in various cities in Nigeria without the necessary financial means to return home.

Women ex-combatants continue to face difficulties in being accepted and re-absorbed in their communities. They are treated with hostility and suspicion for breaching both gender and sex roles.

The impact of conflict has however exacerbated gender role changes in the economic situations in Sierra Leone. The fact that women had to take on non-traditional socio-economic roles and obligations; including as breadwinners and combatants has opened up spaces for them to be engage in the economic transformation of the country.

Working with women in Sierra Leone and other countries where women were systematically abused during periods of conflicts, the overwhelming witness of women have not been that of revenge or hatred, but a deep concern to be treated as persons with their own rights, and to be involved in peace processes to ensure that such violations against women, girls and children do not occur again in their communities.

The amazing strengths and resilience of women were also well documented in the UNIFEM commissioned Experts' Assessment on the Impact of Armed Conflict on Women and Women's Role in Peace-Building. The assessment was carried out in selected countries, including Sierra Leone, to mark the second anniversary of the UN Security Council Resolution 1325 and examine the international community's progress in implementing the Resolution.

The two independent experts, Ms. Ellen Johnson Sirleaf and Ms. Elisabeth Rehn appointed by UNIFEM found compelling new evidence that while women are effective agents of peace, they still have little access to power and peace negotiations. At the same time, the shift in the nature of warfare causes massive suffering; women and girls are singled out for atrocities with few consequences for perpetrators. In the Independent Experts' report, women from conflict zones speak out, insisting that military security has done little to protect them. Rather, the presence of arms as well as the psychological impact of war has caused conflicts to escalate, resulting in massive suffering and shattered states and communities.

"Women's bodies have become a battleground over which opposing forces struggle," the Experts write. "Women are raped as a way to humiliate male relatives; who, are often forced to' watch the assault. In societies where ethnicity is inherited, through -the male line, 'enemy, women are raped and forced to bear children. Women who are already pregnant are forced to miscarry through violent attacks. Women, are kidnapped and used as sexual slaves to service troops, as well as to cook for them and carry their loads from camp to camp. They are purposefully infected with HIV/AIDS, a slow, painful murder. The assessment however concludes that it is the women who are keeping the ideals of justice and peace alive.

The Executive Director of UNIFEM has also spoken out on the need t`o redefine global security focusing on the human dimensions. Previously security has been almost exclusively defined in military terms. Women are now insisting on a broader vision, one that puts human life and human rights at the forefront. One that includes lives free of violence, including violence against women and HIV/AIDS. And one that fully recognizes women's participation and leadership in peace processes and reconstruction.

Women interviewed for the assessment wanted, post conflict, education for themselves and their children, opportunities to participate in and influence peace building and post conflict reconstruction of their countries, legal reforms and constitutions that established codes of conduct that protected and promoted their rights in times of peace and war, the need to ban the proliferation of small arms, opportunities and access to resources, and, to be productive, freedom from violence and HIV/AIDS and an opportunity to raise a future generation based on the transformative ideals of justice, equality and participation. The opportunity presented by the TRC for UNIFEM to make this presentation, is an opportunity for not only the women of Sierra Leone, but for all women whose lives were nearly shattered by wars and conflicts, but have somehow found incredible strengths and force of will to want to broker peace that will heal their communities and their families. The TRC further presents an opportunity for Sierra Leone to address the root causes of gender inequality that are manifested through inequitable access to resources, inequitable and discriminatory laws and practices, be it based on traditional culture or religion, government structures and policies that make women inferior, lack of access to decision making; inequitable budgetary allocation and impact, and non recognition of the lived experiences and potentials that women can bring to peace building and nation building.

4.0. UNIFEM RECOMMENDATIONS ON BEHALF OF WOMEN OF SIERRA LEONE
What are the major concerns that the TRC needs to consider and address in its deliberations, conclusions and recommendations? The Commission, in accordance with its mandate and deriving from the testimonies of the people, especially women, of Sierra Leone, has to address concerns that may be grouped into three (3) broad categories.

A. Concerns relating to the immediate needs of women as survivors of the conflict

1. General Basic Needs
There are significant difficulties for the people of Sierra Leone in trying to satisfy basic needs, including food, shelter, and medical care. Testimonies from men and women will have highlighted this difficulty.
There are specific gender dimensions of this problem that the Commission should take into consideration. Women generally have the social role to feed their families, care for children, the elderly and the sick. Although no systematic studies have been done, the number of female-headed households has increased significantly since the war. There is an urgent need for programmes that support the enhancement of women and men's capacity to provide for themselves and their families. Such programmes need to go beyond provision of very small credits that, as the Ministry of Social Welfare, Gender and Children Affairs has observed end up being used to meet urgent daily needs (food, medicine etc) rather than support an income generating activity. The programmes, designed with women's participation, will also need to address the issue of survival sex, in which young girls and some boys are currently involved.

Recommendation: Government working together with development partners (UN system, bilateral agencies, INGOs and local NGOs) to urgently collect, on a sex and gender -disaggregated basis, data on the situation of the people of Sierra Leone. This is imperative to support equitable programming and allocation of resources in meeting the short-term needs of the people, and for proper planning for reconstruction and development.

Recommendation: Government working together with development partners (UN system, bilateral agencies, INGOs and local NGOs) should develop, support and strengthen programmes that combine relief-oriented services with initiatives for sustainable livelihoods for women and youths.

2. Immediate Needs Arising from Gender-based Violence
As the UNIFEM-commissioned Independent Experts Assessment Women, War and Peace concludes, "the magnitude of violence suffered by women before, during and after conflict is overwhelming". 'Women survivors of rape, gang rape, sexual slavery and other forms of sexual abuse have specific health requirements. The needs will include surgery to repair torn tissues, treatment for sexually transmitted diseases, screening for HIV/AIDS (supported with pre- and post-testing counseling), to long-term psychosocial support. Survivors of sexual violence need safe spaces to go to for help and mutual support, protection from further violence and some degree of hope that justice will be done. Cultural and social stigma, towards survivors of sexual violations, needs to be countered at the highest level of government. Women who bore children from rape and sexual slavery may require other support including resources or the establishment of mechanisms for caring for such children if the mother is psychologically not able to cope. The children themselves born out of sexual exploitation need social services, medical, educational and psychosocial attention:²

Recommendation: psychosocial support and reproduction health services for women affected by conflict to be an integral part of emergency assistance and post-conflict reconstruction. Special attention should be provided to those who have experienced physical trauma, torture and sexual violence. All agencies providing health support and social services should include psychosocial counseling and referrals. The Ministry of Social Welfare, Gender, and Children Affairs, which has social welfare officers throughout the country should be strengthened and resourced" The officers will require refresher training so that they can provide appropriate services. NGOs offering similar services should be supported with funding and training.
Recommendation: Gender-sensitive training should be organized for law enforcement officers including judicial officers; and the police. This forms part of the recommendations from the National Consultations on women and men in partnership far post-conflict reconstruction in 2001.³ This will contribute towards fostering a sense and atmosphere of security from further gender-based violence for those survivors who are already traumatized by sexual violations during the war.
Concerns relating to the strategic needs of women in Sierra Leone
It has been said that a mere cessation of hostilities does not bring an end to today's intra-state conflict.

"To end conflict, the creation of sustainable peace by fostering fundamental societal changes is required. These include democracy, good governance, human rights,'and rule of law and gender equality. If half of the population - women - are excluded, these fundamental changes will just not occur. The study shows that in many conflict areas such as East Timor, Guatemala, Kosovo, Mano River, Somalia, South Africa and others, women sometimes working with men, are beginning to transform societies by changing social: institutions, traditional gender roles and influencing warring parties".

For the TRC to comply with its mandate it must take into account the more strategic interests of women arid girls, as well as those of men and boys in Sierra Leone. Strategic interests are more long-term concerns that move women and the country towards gender equality, empowerment and development. The challenge for the Commission is to took beyond the immediate consequences of the conflict, and to identify those aspects of socio-economic life in Sierra Leone that perpetuate inequality. It is that inequality and exclusion, on whatever basis including gender, that need to be addressed to form the foundation for reconciliation, reconstruction, peace and development.

This analysis must be from a gender perspective. The following must be highlighted:

1. Women's participation in decision-making processes
Women are excluded from political and other decision-making processes at the national, provincial; community and even at family level. The exclusion is in time of way, conflict resolution, mediation and negotiation, peacekeeping, demobilization and post-conflict reconstruction. The roles that women play in conflict resolution and holding communities together during and after conflict are either ignored or minimized. It is often not documented. The exclusion of women is also in time peace.⁴ Statement by Ms. Angela E:V'. Kirg, Special Adviser on Gender Issues and Advancement of Women at the Open Meeting of the Security Council on Conflict, Peacekeeping and Gender, New York, 25 . 2002.She was referring to the Study Wofitem Peace and Security commissioned by the UN Security Council and published in October 2002. The study draws on the collective experience of the UN system. It analyzes the impact of armed conflict on worren anc: girus; jescrabes the relevant international legal framework and assesses its implementation; and reviews the~gender perspectives in peace processes as well as in peace operations; humanitarian operations, rehabilitation, including DDR processes. The study includes recommendations for action to ensure greater attention to veader perspectives in all these areas of work.

Statistics from the Commonwealth Secretariat are indicative. In 1996, no Commonwealth country had reached the critical mass of 30 per cent women in national parliaments. The closest were Seychelles (27.3 per cent), Grenada (26.7 per cent) and South Africa (26.5 per cent). By January 2000, 7 Commonwealth countries had achieved 20-30 per cent of women in Parliament with one country, South Africa, reaching the 30% critical mass benchmark. Even in local governments women's participation remains low. In 1995, 7 Commonwealth countries reported as having women in 30 per cent or more of local government seats. By January 2000, though only 6 Commonwealth countries - Seychelles (54%); Uganda (40.8%); India (33.5%) and Canada (30%) - recorded well over 30 per cent of women in Local Government seats, the majority (62%) of countries with a Local government system had over 10 percent of women representation.

Women's participation in decision making is not just a fundamental human right which Sierra Leone has committed to respect, promote and protect, it is also key to a culture of peace, good governance and development. Women have a lot to contribute to the peace, reconstruction and development of the country. Sierra Leone is a party to CEDAW which, provides thus:

"States shall take: all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular shall ensure to women, on equal terms with men, the right: To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government."⁵

Recommendations: a) increase representation of women in decision-making for the prevention, management and resolution of conflict and peace processes. Sierra Leone is at a crossroads requiring broad involvement in the resettlement, reconstruction and peace building processes. Government and international agencies, including the UN System and humanitarian organizations, involved in these' processes should make conscious decisions and plans for effective participation by women at all levels. Government must promote public debate in post-conflict regions concerning gender-based abuses, ensuring that men and women benefit from external reconstruction initiatives in the process;

b) Government should take urgent steps to enable women to participate in governance structures. Local government structures present an immediate viable opportunity for women to contribute to the governance of the country. Measures to be taken may include special measures under Article 4 of CEDAW. There is empirical data that such measures have enhanced the numbers of women in politics globally, but also that they have impacted on the issues, nature and quality of decision-making. NGos working towards this goal should be supported and strengthened by Government and the donor community.

2. Women's Human rights and Access to Justice
Sierra Leone is party to a number of regional and international human rights instruments, including CEDAW, and the African Charter - on Human and Peoples' Rights. Sierra Leone has also ratified the Rome Statute that establishes the International Criminal, Court. Central to all human rights treaties is the right to equality and to be free :from discrimination on any basis, including one's sex.1 Women are entitled to furl and equal enjoyment of the right to life, education, personal integrity, association, health, and work, among others. Freedom from gender-based violence is integral to the enjoyment of these rights.

While ratification is a step to be commended accountability requires the state to take active steps to respect, promote and protect the rights. Respect for human rights is part of the foundation for peace and development.

In Sierra Leone, there is legislation that is discriminatory against women. Women have difficulty in accessing real justice due to application of discriminatory traditional- norms and lack of gender sensitivity-, of -law enforcement agencies, 'including courts. While the conflict. exacerbated the, problem by destroying the Judicial system, it -presents a real opportunity of' transformational reforms that can protect women's 'human rights.'

Recommendations:
a) The Government of Sierra Leone should within a specified period of time (2 years?) review and reform the laws that are weighted against women. These include laws governing inheritance, ownership of land, violence, against women, and marriage and divorce. Given the literacy levels among women and the lack of information about applicable laws, the government and its development partners must invest in creating public awareness, targeting men, women and children, about the rights of women.
b) The government should take specific measures for securing for women a right to access justice, in a timely and inexpensive manner. Such measures should include conducting training programmes for judges, police and, traditional rulers, on gender and human rights in the context of their work. Donor agencies are urged to support this process. UNIFEM and other organizations with significant technical expertise in this regard should assist the government. Government and its partners should support and strengthen the Family & Child Protection Unit of the Sierra Leone Police eventually integrating the development of special skills for handling gender-based violence in the Police basic curriculum.

Similar strategies should be, adopted to integrate gender and women's human rights training in the judicial and bar curriculum.

3. Economic security
Women are generally poor before war and the war makes them even poorer. This 7s true of Sierra Leone. The country is ranked last of 173 countries featured in the 2002 Human Development Report. Poverty and the allocation of public resources coupled with perceived corruption contributed to the outbreak and sustenance of the conflict.
It is important that urgent poverty reduction strategies be developed.

Within this framework it is imperative that gender perspectives be taken into consideration. The feminization of poverty is a recognized phenomenon in many African countries. Poverty is more than income poverty and includes all those aspects that contribute to make it impossible for a person to live in dignity (quality life). Women have no control over land and other resources. Employment opportunities are minimal. But women are resourceful and are involved in small income generating activities in market places. Unfortunately the capital base is negligible and there is little future in these initiatives.

Recommendations:
a) Government and its partners should adopt responsive policies that recognize gender equality as a crucial factor in addressing poverty and economic decline, combined with significant resource allocation can help redress the described imbalances. Women's greater, participation in decision-making processes and bodies can allow them to take a powerful stand against the feminiization of poverty.

Key possible areas of action include:

The engendering national budgets through gender sensitive resource mobilization and allocation mechanisms. This will allow women to receive a fairer share of national resources;
The mainstreaming of gender into national development plans and trade policies and agreements and the promotion of women entrepreneurs and traders' access to affordable finance and national. regional and international markets

b) Government and its partners should establish a national Women's Development Fund to be administered by the Ministry of Social Welfare Gender and Children Affairs to assist women entrepreneurs to grow in their businesses. The fund could support advocacy with financial institutions, business skills development, market identification and development, and direction to women entrepreneurs.

4. Gender and HIV/AIDS
There is compelling evidence that gender inequality is a contributory , factor to HIV/AID vulnerability. Inequality precludes access to information, ability to negotiate safer sex and initiatives to protect, women 's sexual and reproductive health. The widespread rape and sexual abuse of women during the conflict has implications for the escalation, of the pandemic in Sierra Leone. The large number of unaccompanied peacekeepers and humanitarian workers with money to spend has increased the demand for casual sex and consequently the commodisation of girls and women.

Recommendation: The Government of Sierra Leone and humanitarian medical agencies to provide reproductive health services for displaced persons and returning refugee populations.

Recommendation: The Sierra Leone HIV/AIDS Response Programme (SHARP) should address the disproportionate disease burden carried by women. Mandatory gender analysis and specific strategies to meet the needs of women and girls should seek to prevent infection and increase access to treatment, care and support.

Recommendation: Prevention strategies being developed by Line Ministries under the SHARP should address the vulnerability of men and women to HIV within the mandate of the respective ministries. Additionally, the Ministry of Social Welfare, Gender and Children's Affairs should make recommendations for policy and legal reforms that will reduce the vulnerability of girls and women.

Recommendation: Clear guidance for HIV/AIDS prevention in peacekeeping operations and compliance with the UN Code of Conduct for peacekeeper-s. Troop contributing countries to make available voluntary and confidential H1V/AIDS testing for their troops before and during deployment. The current sensitization of troops should be continued.

Conclusion: The Truth and Reconciliation Commission can never undo the events of the past. The Commission can however sow the seeds of healing, sustainable peace and genuine reconciliation if in its report and recommendations, it addresses the root causes of the war and makes the necessary recommendations t-o address the endemic causes of conflict - the lack of justice and accountability, including gender justice.

Tags: Appendices, Appendix 2, Appendix 2 Part 1, Submissions