By: Sulaiman Aruna Sesay
The Anti-Corruption Commission (ACC) on Friday 23rd February 2024, in a press release issued out, warns against oaths of secrecy in public institutions.
ACC made it clear that, it has come to their attention that the leadership of state Ministries, Departments, and Agencies (MDAs) in Sierra Leone are creating and forcing their staff to sign what they all call “Oaths of Secrecy and Confidentiality.” These designed oaths prescribe coercive undertones and punitive sanctions for non-compliance by staff or consequences for divulging information that the staff comes into contact with by virtue of their positions or duties.
According to the ACC they are obliged to safeguard sensitive information, this practice raises significant questions regarding integrity, transparency, and accountability, which are values public institutions must uphold at all times. ACC added that, there is often no legal and policy basis for such moves outside of proper but limited best practice justification like national security, public health, law enforcement, or specific fiduciary responsibilities like banks.
ACC also stated that, even more concerning is that they are drafted so broadly that they are designed to operate simply as a “gag” on staff and therefore, outside of the minimal spheres where each secrecy requirements may exist, compelling staff to sign Oaths of Secrecy in MDAs, outside of standard professionalism requirements generally required for all public officers, can undermine transparency and accountability and create an unsafe space for subordinate in their professional public duties.
The commission also view this new spate of forced proliferation of “Oaths of Secrecy and Confidentiality” as deliberate and intended to avoid public accountability and scrutiny, more so when they deter employees from speaking out on issues of public concern, thereby stifling whistle-blowing efforts and hindering efforts to address systemic problems and sometimes maladministration, corruption, and corrupt practices. ACC said “Public Officers should not be unduly burdened with constraints that inhibit their ability to fulfil their duties professionally, ethically, and responsibly, nor should they be coerced into silence regarding matters that affect the public interest.”
The commission wishes to be known that these secrecy documents cannot override the laws of Sierra Leone and may be used as evidence of deliberate failure to processes and procedures, corrupt enterprise aimed to gag staff, and abuse of authority or power. ACC noted that, there are also STRONG CONSEQUENCES in the Anti-Corruption Act, 2008 for RETALIATION against whistle-blowers. ACC also advised against both the proliferation and the signing of them by the staff of non-sensitive institutions like the security sector, health, or fiduciary institutions.
