By Zainab Sunkary Koroma
Sierra Leone’s journey towards a new constitution has been a protracted and arduous one, spanning decades and multiple administrations. The 1991 Constitution, adopted during a period of political transition and civil unrest, has long been criticized for its inadequacies in addressing the needs of contemporary Sierra Leoneans. Despite repeated efforts to draft a more inclusive and participatory constitution, the process has been marred by delays, political inertia, and a lack of transparency.
The call for a new constitution was first articulated in the 2004 Truth and Reconciliation Commission (TRC) report, which recommended a document that is simple, readable, accessible, and easily interpreted by citizens. Sections 38 and 123 of Volume 2, Chapter 3 of the TRC report emphasized the need for a constitution that reflects the aspirations of the people and fosters national unity. Yet, nearly two decades later, Sierra Leone remains tethered to its outdated 1991 Constitution, a document increasingly seen as ill-suited to the nation’s evolving democratic and socio-economic landscape.
The Need for Reform
The 1991 Constitution, while a cornerstone of Sierra Leone’s post-independence governance, is riddled with ambiguities and claw-back clauses that limit fundamental rights. Rashid Dumbuya, CEO of Legal Link, notes that the constitution contains provisions that can be easily misused, particularly in Chapter 3, which allows for the restriction of rights under vague pretexts such as “public safety.” Dumbuya emphasizes that a constitution must be straightforward and accessible, enabling even the layperson to understand and interpret it.
Efforts to revise the constitution have been initiated by successive governments, but progress has been inconsistent. Late President Ahmad Tejan Kabbah began the review process, led by Peter Tucker, but the initiative stalled. Former President Ernest Bai Koroma revived the process during his second term, appointing Justice Edmond Cowan to head an 80-member panel. The Cowan Committee conducted extensive consultations across the country, culminating in a draft constitution and a white paper in 2017. However, the government’s selective adoption of recommendations and rejection of others sparked public dissatisfaction and further delays.
The current administration, under President Julius Maada Bio, has pledged to conclude the constitutional review process. Yet, concerns persist about the lack of transparency in the selection of review panels and the absence of broad public participation. Dumbuya and other stakeholders have called for greater openness, urging the newly appointed Attorney General and Minister of Justice, Alpha Sesay, to clarify the status of the review and ensure that the process is inclusive and accountable.
Media and Freedom of Expression
The media, a cornerstone of democracy, has also been vocal in its demands for constitutional reform. Ahmed Sahid Nasralla, President of the Sierra Leone Association of Journalists (SLAJ), highlights the need for a justiciable right to freedom of expression. While the 1991 Constitution guarantees freedom of speech, it lacks enforceable mechanisms to protect journalists and citizens from abuses of power.
During the Cowan Committee’s review, SLAJ proposed the inclusion of a Charter on Press Freedom and Freedom of Expression in Chapter 12 of the new constitution. Unfortunately, this recommendation was overlooked. Nasralla laments the lack of progress, noting that the current government’s approach to the review process remains opaque. He speculates that the administration may be selectively incorporating provisions that serve its interests, rather than fostering a genuinely participatory process.
Reasons for the Delay
The constitutional review process has been hindered by a combination of political, financial, and logistical challenges. Alpha Sesay, the Attorney General and Minister of Justice, acknowledges that the process has spanned three governments, each contributing to the delays. The transition from one administration to another has disrupted continuity, while the high cost of consultations and drafting has strained limited resources.
Despite these obstacles, Sesay asserts that President Bio is committed to concluding the process within his tenure. The administration has pledged to avoid using the new constitution for political gain, with the President explicitly ruling out any provisions that would extend his term. The slogan “Our Constitution” reflects the government’s aspiration to foster national ownership and inclusivity.
A Path Forward
The delay in enacting a new constitution underscores the complexities of constitutional reform in a politically and economically fragile context. While there is broad consensus on the need for a more democratic and inclusive constitution, the path to achieving this goal remains fraught with challenges.
For Sierra Leone, a new constitution is not merely a legal necessity but a vital step toward building a more equitable and prosperous society. It is a document that must reflect the hopes and aspirations of its people, ensuring that their voices are heard and their rights protected. As the nation awaits the conclusion of this long-overdue process, the call for transparency, inclusivity, and accountability grows louder. The success of this endeavor will depend on the government’s willingness to prioritize the public good over political expediency and to deliver a constitution that truly belongs to the people of Sierra Leone.
This story is brought to you with support from the Africa
Transitional Justice Legacy Fund (ATJLF) through the Media Reform Coordinating Group (MRCG), under the project ‘Engaging Media and Communities to Change the Narrative on Transitional Justice Issues in Sierra Leone.
