By Mackie M. Jalloh
The Sierra Leone Bar Association (SLBA) has issued a strong statement urging the government to amend or repeal the country’s loitering laws in compliance with a recent judgment by the ECOWAS Court of Justice.
The case, filed by AdvocAid, highlights the contentious provisions within the Public Order Act of 1965 and the Summary Convictions Offences Act of 1960. The SLBA argues that these outdated laws violate citizens’ fundamental rights, particularly their constitutional right to freedom of movement.
The ECOWAS Court ruling emphasized the need for Sierra Leone to align its domestic laws with international obligations, including the African Charter on Human and Peoples’ Rights. The decision underscores how loitering laws disproportionately affect marginalized groups, perpetuating human rights violations under the guise of public order maintenance.
In its press release dated November 15, 2024, and signed by SLBA General Secretary Alfred Paul Juwah, the association lauded the government’s previous amendments to the Public Order Act but insisted that further reforms are urgently needed. Specifically, it called for the Attorney-General and Minister of Justice to lead the process of repealing or amending the loitering provisions.
Background of Loitering Laws in Sierra Leone
The loitering provisions, as enshrined in the Public Order Act of 1965 and the Summary Convictions Offences Act of 1960, have long been criticized as archaic and overly broad. These laws criminalize individuals for simply being present in public spaces without a clear purpose. Critics argue that such laws disproportionately target vulnerable groups, including women, youth, and informal workers, subjecting them to arbitrary arrests and harassment by law enforcement.
AdvocAid, a women’s rights organization, spearheaded the case at the ECOWAS Court, citing numerous instances where loitering laws have been misused to oppress citizens, particularly women engaged in night-time activities. The organization’s efforts were praised by the SLBA for drawing attention to the need for systemic legal reform in Sierra Leone.
SLBA’s Call for Reform
In its statement, the SLBA expressed optimism that repealing or amending the loitering provisions would strengthen the country’s adherence to constitutional principles and international human rights standards. “The said amendment or repeal will further guarantee the Freedom of Movement of citizens as enshrined in the Constitution of Sierra Leone, Act No. 6 of 1991,” the release stated.
The association also recognized the government’s progressive steps in recent years, such as repealing parts of the Public Order Act deemed to stifle freedom of expression. However, the SLBA maintained that the full repeal of loitering laws is necessary to protect citizens from unwarranted restrictions and to foster a more inclusive and rights-respecting society.
AdvocAid’s Role and the Broader Implications
AdvocAid’s victory at the ECOWAS Court represents a significant milestone in Sierra Leone’s legal landscape. The organization’s work not only sheds light on the harmful consequences of loitering laws but also emphasizes the need for civic engagement in legislative reforms. By successfully challenging these laws on an international platform, AdvocAid has demonstrated the power of grassroots advocacy in driving systemic change.
The repeal of these laws would have far-reaching implications for Sierra Leone, signaling its commitment to upholding human rights and fostering an enabling environment for social and economic activities. As noted by the SLBA, addressing these legal gaps will also enhance public trust in the country’s justice system.
Next Steps
The SLBA has called on the Ministry of Justice to prioritize the repeal process, ensuring that the ECOWAS Court’s judgment is implemented without delay. Additionally, the association urged the government to adopt a consultative approach, involving key stakeholders such as civil society organizations, legal experts, and community leaders in drafting new, rights-compliant legislation.
The statement concluded by commending AdvocAid for its invaluable initiative and reaffirming the SLBA’s commitment to advocating for justice and equality under the law.
As Sierra Leone moves forward, the repeal or amendment of loitering laws will not only bring the country into compliance with its international obligations but also mark a critical step toward protecting the rights and freedoms of all its citizens. The SLBA’s appeal reflects a broader demand for legal reforms that safeguard human dignity and promote equitable governance.
