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CENTRE FOR ACCESS TO JUSTICE PEACE AND HUMAN RIGHTS (CAJPHR)
MOTTO: LOVE AND SERVICE

WELCOME

CAJPHR is a non-profit organization dedicated to promoting legal empowerment and technology in Sierra Leone.  Founded on 11th April 2011; with-it first office at Tondogai Street in Moyamba town in the Kaiyamba chiefdom in Moyamba District South of Sierra Leone. 


"To deny people their human rights, is to challenge their very humanity" ---Nelson Mandela

ABOUT US

CAJPHR-SL.ORG is a non-profit organization dedicated to promoting legal empowerment and technology in Sierra Leone.  Founded on 11th April 2011; with-it first office at Tondogai Street in Moyamba town in the Kaiyamba chiefdom in Moyamba District South of Sierra Leone. 

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Our mission is to train paralegals and community leaders, as well as educate the general public, on basic legal knowledge and technology skills to help them navigate through their daily activities with ease. We believe that by empowering individuals with the necessary tools and knowledge, we can create a more just and equitable society. Our institute provides training programs, workshops, and resources to equip individuals with the skills needed to understand and utilize the law and technology in their everyday lives. We are committed to promoting access to justice and fostering a culture of legal empowerment in Sierra Leone.

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  • Paralegal training: The Institute of Legal Empowerment and Technology will offer specialized training programs for paralegals, equipping them with the necessary skills to provide legal assistance to community members.

  • Community legal empowerment: The institute will also conduct training and capacity building programs for community leaders to enable them to better understand their legal rights and responsibilities, and to serve as effective advocates for their communities. 

  • Legal education for the public: CAJPHR-SL.ORG

 

CAJPHR-SL.ORG, also known as the Center for Access to Justice, Public Health and Rights in Sierra Leone, was established in .... with the aim of promoting access to justice, public health, and human rights in Sierra Leone. The organization was founded by a group of legal and health professionals who recognized the need for a comprehensive approach to address the issues of justice and health in the country. Over the years, CAJPHR-SL.ORG has worked tirelessly to provide legal aid services, conduct trainings, and empower communities to advocate for their rights.

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  • Establishment of the Institute of Legal Empowerment and Technology (ILET) in October 2017, with the goal of promoting access to justice and legal empowerment for marginalized communities in Sierra Leone.

  • Launch of the Community Paralegal Program in 2012, which trained and deployed paralegals to provide legal assistance and education to rural and underserved communities.

  • Collaboration with the Ministry of Justice and other stakeholders to develop and implement the Legal Aid Act 2012,

  • Expanded product offerings in 2020

Services

CAJPHR is proud to announce the launch of our new Institute of Legal Empowerment and Technology. This institute aims to provide training to paralegals and empower community leaders and individuals with basic knowledge of the law. At CAJPHR-SL.ORG, we believe that access to legal knowledge is a fundamental right and everyone should have the opportunity to understand and utilize the law to their advantage.

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Paralegals play a crucial role in the justice system by providing legal assistance and support to individuals and communities. However, in many developing countries, the lack of access to legal services and trained paralegals often leaves communities vulnerable to exploitation and injustice.

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This is where the Institute of Legal Empowerment and Technology .ILET. steps in to bridge this gap and empower individuals with basic knowledge of the law through their training programs.

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SERVICES THAT WE OFFER

OUR APPROACH TO SERVICES WE OFFER

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- Legal advice and consultation

 

- Assistance with legal document preparation

 

- Community legal education workshops

 

- Support in conflict resolution and mediation

 

- Guidance on navigating the justice system

- Referrals to specialized legal services

 

- Training in human rights and advocacy

 

- Assistance with land and property rights issues

 

- Support for victims of gender-based violence

 

- Networking and collaboration opportunities for community leaders and organizations.

Meet our TeamCAJPHR Staffs

Patrick Ngenda Johnbull-Esq
Executive Director

Simeon Joseph Kandeh jr
Finance Officer

Ann Marie Cooper
Programs Manager

Samuel Toma Parker-Esq
M & E Officer

Gibril S K Samai
Fields Coordinator

ParalegalsCAJPHR Staffs

Memunatu M M Fefegula
Paralegal

Edna Aminata Fefegula
Paralegal

Andrew S. Sandi
Paralegal

  Ezekiel G Charles
         Paralegal

Dyfan  F J Jebbeh
Paralegal

Joseph Abdul Adanema
Paralegal

Samuel Fefegula
Paralegal

Akibo K Boima
Paralegal

Executive Board Members

The Board oversees the general operations of the organization and represents the organization at all levels. This function shall be delegated to any member of the Board.

Patrick N Johnbull

Executive Director

Mr. Joseph Sesay

Board Member

Mrs. Ann Marie Ghombo

Board Member

Mr. Emmanuel Buakai Tongai

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Board Member

Mr. Augustine Mukoh

Board Member

Rev. Fr Augustine Berewa CSSP

Board Member

The Institute of Legal Empowerment and Technology (ILET)

MOTTO: KNOW, USE AND SHAPE THE LAW FOR COMMUNITY DEVELOPMENT
 

NO. 8B ABU STREET, JOHNNY LAYOUT, MENDEWA SECTION, BO.

CONTACT: PATRICK NGENDA JOHNBULL ESQ.

TEL: 232076510050/23231306767

EMAIL: instituteilet@gmail.com

WEBSITE: www.ilet.edu.sl.

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VISION: Empowered people with enhanced skills and knowledge for self and community development.

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MISSION: Empowering people with the knowledge of the law and various skills that would make them self-reliant to promote peace, justice and development in Sierra Leone.

 

The Institute of Legal Empowerment and Technology (ILET) is established and operated by the  Centre for Access to Justice Peace and Human Rights (CAJPHR), an indigenous voluntary  civil society organization based in Bo  with a view to establishing an institution that would provide knowledge in basic law, conflict management, paralegal studies, community development and information technology which can empower young as well as matured people with requisite knowledge that would enable them undertake daily activities and transact businesses in life  with ease and confidence, promote community development, peace and social cohesion, observe  the rule of law and enhance access to justice in communities.

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The institute aims at empowering people with knowledge of the law and various skills that would make them self-reliant and promote peace, development and access to justice in communities. It will train people to enable them develop their potentials and live happily in their communities observing the principles of rule of law, good governance and respect for human dignity.

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In collaboration with the Legal Aid Board (LAB) and the Judicial and Legal Training Institute, (JLTI) it will train community-based paralegals who will provide services in our communities. The institute is accredited by the Tertiary Education Commission and the National Council for Technical and Vocational Awards.

Successful completion of courses at the Institute will earn the candidate a certificate or diploma in Legal Empowerment Studies, Community Development Studies, Paralegal Studies or Information Technology.

The Institute will also conduct short- course training sessions, seminars, workshops in legal empowerment, human rights, good governance and rule of law for people of various establishments and enterprises such as local court officials, traditional leaders, civil society organizations, NGOs etc, etc. Certificates of merit will be awarded to successful trainees and participants by the Institute after successful completion of the course sessions. There is no entry requirement for the seminars and workshops. Training shall be non-formal.

 

ENTRY REQUIREMENTS

  • 3  subjects at WASSCE including English Language with minimum of Grade C -6 or better for certificate course

  • 4 subjects at WASSCE including English Language with minimum of Grade C-5 or better for Diploma course

  •  HTC with at least division two for diploma course

  • A Diploma from a recognized tertiary institution not more than five years old for certificate course only. Students of matured years are especially welcome.

  • Short term courses in Computer programs which are open to all to enroll and study for minimal fees which will earn a candidate a certificate for each course completed and examined upon.

 

THE COURSE STRUCTURE

The Certificate course lasts for one academic year with candidates taking semester examinations and writing a term paper for each semester. The term paper is meant to test the candidateÂ’s knowledge and ability to do research and present a constructive and coherent report on findings done in the course of the research on issues relating to areas of studies during the course work. These will prepare the candidates for the National Certificate Examination conducted by the National Council on Technical, Vocational and other Awards (NCTVA).

The Diploma course lasts for two academic years with candidates taking semester examinations and writing term papers for each semester. As indicated earlier the term paper is meant to test the candidateÂ’s ability and knowledge in doing research and producing a coherent and constructive report on findings done during the research. A diploma student must have sat to the certificate semester examinations and passed in order to be allowed to pursue the Diploma Course. A National Diploma Examination conducted by NCTVA will be taken at the end of the course.

Constitution of the Republic of Sierra Leone 1991. Chapter III - The Recognition and Protection of Fundamental Human Rights and Freedoms of the Individual

Constitution of the Republic of Sierra Leone

CHAPTER III

THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS OF THE INDIVIDUAL

 

15. Fundamental human rights and freedoms of the individual.

Whereas every person in Sierra Leone is entitled to the fundamental human rights and freedoms of the individual, that is to say, has the right, whatever his race, tribe, place of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following—

(a) life, liberty, security of person, the enjoyment of property, and the protection of law;

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(b) freedom of conscience, of expression and of assembly and association;

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(c) respect for private and family life, and

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(d) protection from deprivation of property without compensation;

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(e) the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others, or the public interest.

 

16. Protection of right to life.

(1) No person shall be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence under the laws of Sierra Leone, of which he has been convicted.

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(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this section if he dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case, that is to say—

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(a) for the defence of any person from unlawful violence or for the defence of property; or

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission by that person of a criminal offence; or

(e) if he dies as a result of a lawful act of war.

 

17. Protection from arbitrary arrest or detention.

(1) No person shall be deprived of his personal liberty except as may be authorised by law in any of the following cases, that is to say —

(a) in consequence of his unfitness to plead to a criminal charge; or

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(b) in the execution of a sentence or order of a Court whether in Sierra Leone or elsewhere in respect of a criminal offence of which he has been convicted; or

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(c) in the execution of an order of the High Court or the Court of Appeal or the Supreme Court or such other court as may be prescribed by Parliament on the grounds of his contempt of any such court or of another court or tribunal or commission of inquiry as the case may be; or

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(d) in the execution of an Order of a court made in order to secure the fulfilment of any obligation imposed on him by law; or

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(e) for the purpose of bringing him before a court or tribunal, as the case may be, in execution of the order of a court; or

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(f) upon reasonable suspicion of his having committed or of being about to commit a criminal offence; or

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(g) in the case of a person who has not attained the age of twenty-one years, for the purpose of his education or welfare; or

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(h) for the purpose of preventing the spread of an infectious or contagious disease; or

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(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; or

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(j) for the purpose of preventing the unlawful entry of that person into Sierra Leone, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Sierra Leone or the taking of proceedings thereto.

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(2) Any person who—

(a) is arrested or detained shall be informed in writing or in a language that he understands at the time of his arrest, and in any event not later than twenty-four hours, of the facts and grounds for his arrest or detention;

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(b) is arrested or detained shall be informed immediately at the time of his arrest of his right of access to a legal practitioner or any person of his choice, and shall be permitted at his own expense to instruct without delay a legal practitioner of his own choice and to communicate with him confidentially.

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(3) Any person who is arrested or detained in such a case as is mentioned in paragraph (e) or (f) of subsection (1) and who is not released shall be brought before a court of law—

(a) within ten days from the date of arrest in cases of capital offences, offences carrying life imprisonment and economic and environmental offences; and

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(b) within seventy-two hours of his arrest in case of other offences;

and if any person arrested or detained in such a case as is mentioned in the said paragraph (f) is not tried within the periods specified in paragraph (a) or (b) of this section, as the case may be, then without prejudice to any further proceedings which may be brought against him he shall be released either unconditionally or upon reasonable conditions, including in particular, such conditions as are reasonably necessary to ensure that he appears at a later date for trial or proceedings preliminary to trial.

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(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

 

18. Protection of freedom of movement.

(1) No person shall be deprived of his freedom of movement, and for the purpose of this section the said freedom means the right to move freely throughout Sierra Leone, the right to reside in any part of Sierra Leone, the right to enter or leave Sierra Leone, and immunity from expulsion form Sierra Leone.

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(2) Any restriction on a person's freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

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(3) Nothing contained in or done under authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

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(a) which is reasonably required in the interests of defence, public safety, public order, public morality, public health or the conservation of the natural resources, such as mineral, marine, forest and other resources of Sierra Leone, except in so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or

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(b) for the imposition of restrictions on the movement or residence within Sierra Leone of any person who is not a citizen thereof or the exclusion of expulsion from Sierra Leone of any such persons; or

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(c) for the imposition of restrictions on the acquisition or use by any person of land or other property in Sierra Leone; or

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(d) for the imposition of restrictions upon the movement or residence within Sierra Leone of public officers or members of a defence force; or

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(e) for the removal of a person from Sierra Leone to be tried outside Sierra Leone for a criminal offence recognised as such by the laws of Sierra Leone, or to serve a term of imprisonment outside Sierra Leone in the execution of the sentence of a court in respect of a criminal offence of which he has been convicted; or

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(f) for preventing the departure from Sierra Leone of a person who is reasonably suspected of having committed a crime or seeking to evade the fulfilment of an obligation imposed on him under the civil law or to evade military service:

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Provided that no court or other authority shall prohibit any such person from entering into or residing in any place to which he is indigenous; or

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(g) for restricting vagrancy.

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(4) If — (a) any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in paragraph (a) of subsection (3) so requests at any time during the period of that restriction not earlier than thirty days after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal, established by law, comprising not more than three persons from amongst persons of not less than fifteen years' standing entitled to practice in Sierra Leone as legal practitioners;

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(b) any tribunal has been set up under paragraph (a), the Chairman of that tribunal shall be appointed by the Chief Justice, and the two other members of the tribunal shall be nominated by the Sierra Leone Bar Association.

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(5) On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expedience of continuing that restriction to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations.

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19. Protection from slavery and forced labour.

(1) No person shall be held in slavery or servitude or be required to perform forced labour or traffic or deal in human beings.

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(2) For the purposes of this section the expression "forced labour" does not include—

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(a) any labour required in consequence of a sentence or order of a court, or

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(b) labour required of any person while he is lawfully detained, which though not required in consequence of the sentence or order of a court, is reasonably necessary in the interest of hygiene or for the maintenance of the place in which he is detained; or

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(c) any labour required of a member of a defence force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as such a member, any labour which that person is required by law to perform in place of such service; or

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(d) any labour required during a period of public emergency or calamity which threatens the life of well-being of the community; or

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(e) communal labour or labour which forms part of other civic obligation.

 

20. Protection from inhuman treatment.

(1) No person shall be subject to any form of torture or any punishment or other treatment which is inhuman or degrading.

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(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any kind of punishment which was lawful immediately before the entry into force of this Constitution.

 

21. Protection from deprivation of property.

(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say—

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(a) the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development or utilization of any property in such a manner as to promote the public benefit or the public welfare of citizens of Sierra Leone; and

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(b) the necessity therefore is such as to afford reasonable justification for the causing of any hardship that may result to any person having any interest in or right over the property; and

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(c) provision is made by law applicable to that taking of possession or acquisition—

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(i) for the prompt payment of adequate compensation; and

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(ii) securing to any person having an interest in or right over the property, a right of access to the court or other impartial and independent authority for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled and for the purpose of obtaining prompt payment of that compensation.

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(2) Nothing in this section shall be construed as affecting the making or operation of any law in so far as it provides for the taking of possession or acquisition of property—

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(a) in satisfaction of any tax, rate or due;

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(b) by way of penalty for breach of the law whether under civil process or after conviction of a criminal offence

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(c) as an incident of a lease, tenancy, mortgage charge, bill of sale, pledge or contract;

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by way of the vesting or administration of trust property, enemy property; bona vacantia, property of prohibited aliens, or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or incorporate in the course of being wound up;

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(d) in the execution of judgements or orders of courts;

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(e) by reason of such property being in a dangerous state or liable to cause injuries to the health of human beings, animals or plants;

 

(f) in consequence of any law with respect to the limitation of actions;

 

(g) for so long only as such taking possession may be necessary for the purposes of any examination, investigation, trial, or inquiry, or, in the case of land, the carrying out thereon—

 

(i) of work of soil conservation or the conservation of other natural resources

 

(ii) of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable or lawful excuse refused or failed to carry out.

 

(3) Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property or the compulsory acquisition in the public interest in or right over property, where that property, interest or right is held by a body corporate which is established directly by any law and in which no moneys have been invested other than moneys proved by Parliament or by the Legislature of the former Colony and Protectorate of Sierra Leone.

 

(4) Any such property of whatever description compulsorily taken possession of, and any interest in, or right over, property of any description compulsorily acquired in the public interest or for public purposes, shall be used only in the public interest or for the public purposes for which it is taken or acquired.

 

(5) Where any such property as is referred to in subsection (4) is not used in the public interest or for the public purposes for which it was taken or acquired, the person who was the owner immediately before the compulsory taking or acquisition, as the case may be, shall be given the first option of acquiring that property, in which event he shall be required to refund the whole or such part of the compensation as may be agreed upon between the parties thereto: and in the absence of any such agreement such amount as shall be determined by the High Court.

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22. Protection for privacy of home and other property.

(1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises, or interference with his correspondence, telephone conversations and telegraphic and electronic communications.

 

(2) Nothing contained in or done under authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required—

 

(a) in the interest of defence, public safety, public order, public morality, public health, town and country planning, or the development or utilization of any property in such a manners as to promote the public benefit; or

 

(b) to enable any body corporate established directly by any law or any department of the Government or any local authority to enter on the premises of any person in order to carry out work in connection with any property or installation which is lawfully on such premises and which belongs to that body corporate or to the Government or to that authority, as the case may be; or

 

(c) for the purpose of protecting the rights and freedoms of other persons; or

 

(d) for the purpose of executing any judgement or order of a court; or

 

(e) for the purpose of affording such special care and assistance as are necessary for the health, safety, development and well-being of women, children and young persons, the aged and the handicapped;

 

and except in so far as that provision or, as the case may be, the thing done under authority thereof is shown not to be reasonably justifiable in a democratic society.

 

23. Provision to secure protection of law.

(1) Whenever any person is charged with a criminal offence he shall unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

 

(2) Any court or other authority prescribed by law for the determination of the existence or extent of civil rights or obligations shall be independent and impartial; and where proceedings for such determination are instituted by or against any person or authority or the Government before such court or authority, the case shall be given fair hearing within a reasonable time.

 

(3) All proceedings of every court and proceedings relating to the determination of the existence or the extent of civil rights or obligations before any court or other authority, including the announcement of the decision of the court or other authority, shall be held in public:

 

Provided that the court or other authority may, to such an extent as it may consider necessary or expedient in circumstances where publicity would prejudice the interest of justice or interlocutory civil proceedings or to such extent as it may be empowered or required by law so to do in the interest of defence, public safety, public order, public morality, the welfare of persons under the age of twenty-one years or the protection of the private lives of persons concerned in the proceedings, exclude from its proceedings, persons other than the parties thereto and their legal representatives.

 

(4) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved, or has pleaded guilty:

 

Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection, to the extent that the law in question imposes on any person charged as aforesaid the burden of proving particular facts.

 

(5) Every person who is charged with a criminal offence—

 

(a) shall be informed at the time he is charged in the language which he understands and in detail, of the nature of the offence charged;

 

(b) shall be given adequate time and facilities for the preparation of his defence;

 

(c) shall be permitted to defend himself in person or by a legal practitioner of his own choice;

 

(d) shall be afforded facilities to examine in person or by his legal practitioner the witnesses called by the prosecution before any court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

 

(e) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge:

 

Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection to the extent that the law in question prohibits legal representation in a Local Court.

 

(6) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall if he so requires, and subject to the payment of such reasonable fee as may be prescribed by law, be given within a reasonable time, and in any event not more than three months after trial, a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

 

(7) No person shall be held to be guilty of a criminal offence on account of any act or omission which did not, at the time it took place, constitute such an offence.

 

(8) No penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed.

 

(9) No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the court of appeal proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence:

 

Provided that nothing in any law shall be held to be inconsistent with or in contravention of this subsection by reason only that it authorises any court to try a member of a defence force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under service law; but any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under service law.

 

(10) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of any provisions of this section, other than subsections (7) and (8), to the extent that the law in question authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists before or during that period of public emergency.

 

(11) In paragraphs (c) and (d) of subsection (5), the expression "legal practitioner" means a person entitled to practise as a Barrister and Solicitor of the High Court.

 

24. Protection of freedom of conscience.

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom either alone or in community with others and both in public and in private to manifest and propagate his religion or belief in worship, teaching, practice and observance.

 

(2) Except with his own consent (or if he is a minor the consent of his parent or guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or to attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

 

(3) No religious community or denomination shall be prevented from providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination.

 

(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

 

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes a provision which is reasonably required—

 

(a) in the interest of defence, public safety, public order, public morality or public health; or

 

(b) for the purpose of protecting the rights and freedoms of other persons including the right to observe and practice any religion without the unsolicited intervention of the members of any other religion;

 

(c) and except in so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society.

 

25. Protection of freedom of expression and the press.

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purpose of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, freedom from interference with his correspondence, freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions, and academic freedom in institutions of learning:

 

Provided that no person other than the Government or any person or body authorised by the President shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever.

 

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in the contravention of this section to the extent that the law in question makes provision—

 

(a) which is reasonably required—

 

(i) in the interests of defence, public safety, public order, public morality or public health; or

 

(ii) for the purpose of protecting the reputations, rights and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating the telephony, telegraphy, telecommunications, posts, wireless broadcasting, television, public exhibitions or public entertainment; or

 

(b) which imposes restrictions on public officers or members of a defence force;

 

and except in so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society.

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26. Protection of freedom of assembly and association.

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade unions or other economic, social or professional associations, national or international, for the protection of his interests.

 

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

 

(a) which is reasonably required—

 

(i) in the interests of defence, public safety, public order, public morality, public health, or provision for the maintenance of supplies and services essential to the life of the community; or

 

(ii) for the purpose of protecting the rights and freedoms of other persons; or

 

(b) which imposes restrictions upon public officers and upon members of a defence force; or

 

(c) which imposes restrictions on the establishment of political parties, or regulates the organisation, registration, and functioning of political parties and the conduct of its members;

 

and except in so far as that provision, or as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

 

27. Protection from discrimination.

(1) Subject to the provisions of subsection (4), (5), and (7), no law shall make provision which is discriminatory either of itself or in its effect.

 

(2) Subject to the provisions of subsections (6), (7), and (8), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the function of any public office or any public authority.

 

(3) In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.

 

(4) Subsection (1) shall not apply to any law so far as that law makes provision—

 

(a) for the appropriation of revenues or other funds of Sierra Leone or for the imposition of taxation (including the levying of fees for the grant of licenses); or

 

(b) with respect to persons who are not citizens of Sierra Leone; or

 

(c) with respect to persons who acquire citizenship of Sierra Leone by registration or by naturalization or by resolution of Parliament; or

 

(d) with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law; or

 

(e) for the application in the case of members of a particular race or tribe or customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons; or

 

(f) for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or

 

(g) whereby persons of any such description as mentioned in subsection (3) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society; or

 

(h) for the limitation of citizenship or relating to national registration or to the collection of demographic statistics.

 

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to qualifications for service as a public officer or as a member of a defence force or for the service of a local government authority or a body corporate established directly by any law or of membership of Parliament.

 

(6) Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provisions of law as is referred to in subsection (4) or (5).

 

(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction of the rights and freedoms guaranteed by sections 18, 22, 24, 25 and 26 being such a restriction as is authorised by subsection (3) of section 18, subsection (2) of section 22, subsection (5) of section 24, subsection (2) of section 25 or subsection (2) of section 26, as the case may be.

 

(8) The exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person under or by this Constitution or any other law shall not be enquired into by any Court on the grounds that it contravenes the provision of subsection (2).

 

28. Enforcement of protective provisions.

(1) Subject to the provisions of subsection (4), if any person alleges that any of the provisions of sections 16 to 27 (inclusive) has been, is being or is likely to be contravened in relation to him by any person (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person, (or that other person), may apply by motion to the Supreme Court for redress.

 

(2) The Supreme Court shall have original jurisdiction—

 

(a) to hear and determine any application made by any person in pursuance of subjection (1); and

 

(b) to determine any question arising in the case of any person which is referred to in pursuance of subsection (3), and may made such order, issue such writs, and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of any of the provisions of the said sections 16 to 27 (inclusive) to the protection of which the person concerned is entitled:

 

Provided that the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

 

(3) If in any proceedings in any court other than the Supreme Court, any question arises as to the contravention of any of the provisions of sections 16 to 27 inclusive, that court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court.

 

(4) The Rules of Court Committee may make rules with respect to the practice and procedure of the Supreme Court for the purposes of this section;

Parliament may confer upon the Supreme Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this section.

 

(5) Parliament shall make provision—

 

(a) for the rendering of financial assistance to any indigent citizen of Sierra Leone where his right under this Chapter has been infringed, or with a view to enabling him to engage the services of a legal practitioner to prosecute his claim; and

 

(b) for ensuring that allegations of infringements of such rights are substantial and the requirement or need for financial or legal aid is real.

 

(6) The Supreme Court—

 

(a) consisting of not less than five Justices of the Supreme Court shall consider every question referred to it under this Chapter for a decision, and, having heard arguments by or on behalf of the parties by Counsel, shall pronounce its decision on such question in open court as soon as may be and in any case not later than thirty days after the date of such reference;

 

(b) shall for the purposes of this Chapter, give its decision by a majority of the Justices of that Court and such decision shall be pronounced by the Chief Justice or any other of the Justices as the Court shall direct.

 

29. Public Emergency

(1) Whenever in the opinion of the President a state of public emergency is imminent or has commenced, the President may, at any time, by Proclamation which shall be published in the Gazette, declare that—

 

(a) a state of public emergency exists either in any part, or in the whole of Sierra Leone; or

 

(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency in any part of or the whole of Sierra Leone.

 

(2) The President may issue a Proclamation of a state of public emergency only when—

 

(a) Sierra Leone is at war;

 

(b) Sierra Leone is in imminent danger of invasion or involvement in a state of war; or

 

(c) there is actual breakdown of public order and public safety in the whole of Sierra Leone or any part thereof to such an extent as to require extraordinary measures to restore peace and security; or

 

(d) there is a clear and present danger of an actual breakdown of public order and public safety in the whole of Sierra Leone or any part thereof requiring extraordinary measures to avert the same; or

 

(e) there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in Sierra Leone; or

 

(f) there is any other public danger which clearly constitutes a threat to the existence of Sierra Leone.

 

(3) Every declaration made under subsection (1) shall lapse—

 

(a) in the case of a declaration made when Parliament is sitting at the expiration of a period of seven days beginning with the date of publication of the declaration; and

 

(b) in any other case, at the expiration of a period of twenty-one days beginning with the date of the declaration,

 

unless it has in the meantime been approved by or superseded by a Resolution of Parliament supported by the votes of two-thirds of the Members of Parliament.

 

(4) A declaration made under subsection (1) may at any time before being superseded by a Resolution of Parliament be revoked by the President by Proclamation which shall be published in the Gazette, and all measures taken thereunder shall be deemed valid and lawful and shall not be enquired into by any curt or tribunal.

 

(5) During a period of public emergency, the President may make such regulations and take such measures as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, order and good government in Sierra Leone or any part thereof.

 

(6) Without derogating from the generality of the powers conferred by subsection (5) and notwithstanding the provisions of this Chapter, the regulations or measures may, so far as appears to the President to be necessary or expedient for any of the purposes mentioned in that subsection—

 

(a) make provision for the detention of persons, the restriction of the movement of persons within defined localities, and the deportation and exclusion of persons other than citizens of Sierra Leone from Sierra Leone or any part thereof;

 

(b) authorise— (i) the taking of possession or control on behalf of the Government of any property or undertaking;

 

(ii) the acquisition on behalf of the Government of any property other than land;

 

(c) authorise the entering and search of any premises;

 

(d) amend any law, suspend the operation of any law, and apply any law with or without modification;

 

Provided that such amendment, suspension or modification shall not apply to this Constitution;

 

(e) provide for charging, in respect of the grant of issue of any license, permit, certificate or other document for the purpose of the regulations, such fees as may be prescribed by or under the regulations;

 

(f) provide for payment of compensation and remuneration to persons affected by the regulations;

 

(g) provide for the apprehension, trial and punishment of persons offending against the regulations;

 

(h) provide for maintaining such supplies and services as are, in the opinion of the President, essential to the life and well-being of the community;

 

Provided that nothing in this subsection shall authorise the making of regulations during a period of public emergency for the trial of persons who are not members of defence forces by military courts.

 

(7) The payment of any compensation or remuneration under the provisions of such regulations shall be a charge upon the Consolidated Fund.

 

(8) Regulations made under this section shall apply to the whole of Sierra Leone or to such parts thereof as may be specified in the regulations.

 

(9) Regulations made under this section may provide for empowering such authorities or persons as may be specified in the regulations to make Orders and Rules for any of the purposes for which the regulations are authorised by this Constitution to be necessary or expedient for the purposes of the regulations.

 

(10)(a) Every regulation or measure taken under this section and every order or rule made in pursuance of such a regulation shall, without prejudice to the validity of anything lawfully done thereunder, cease to have effect ninety days from the date upon which it comes into operation unless before the expiration of the period, it has been approved by resolution passed by Parliament.

 

(b) Any such regulation, order or rule may, without prejudice to the validity of anything lawfully done thereunder at any time be amended or revoked by the President.

 

(11) Subject to the provisions of subsections (7) and (8) of section 23, every regulation made under this section and every order or rule made in pursuance of such a regulation shall have effect notwithstanding anything inconsistent therewith contained in any law; and any provision of a law which is inconsistent with any such regulation, order or rule shall, whether that provision has or has not been amended, modified or suspended in its operation under any Act, cease to have effect to the extent that such regulation, order or rule remains in force.

 

(12) A declaration made under subsection (1) that has been approved by or superseded by a resolution of Parliament in pursuance of subsection (2) shall, subject to the provisions of subsection (3), remain in force as long as that resolution remains in force.

 

(13) A resolution of Parliament passed for the purpose of this section shall remain in force for a period of twelve months or such shorter period as may be specified therein;

 

Provided that any such resolution may be extended from time to time by a further such resolution, supported by the votes of two-thirds of Members of Parliament, each extension not exceeding twelve months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a resolution supported by the votes of a simple majority of all the Members of Parliament.

 

(14) Any provision of this Section that a declaration made under subsection (1) shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time.

 

(15) Every document purporting to be an instrument made or issued by the President or other authority or person in pursuance of this section, or of any regulation made thereunder and to be signed by or on behalf of the President or such other authority or person, shall be received in evidence, and shall, until the contrary be proved, be deemed to be an instrument made or issued by the President or that authority or person.

 

(16) The President may summon Parliament to meet for the purpose of subsection (2) notwithstanding that Parliament then stands dissolved, and the persons who were Members of Parliament immediately before the dissolution shall be deemed, for those purposes, still to be Members of Parliament but subject to the provisions of section 79 of this Constitution (which relates to the election of the Speaker of Parliament), without prejudice to the provisions of section 85 of this Constitution (which relates to the prolongation of the life of Parliament during a period of public emergency). Parliament shall not when summoned by virtue of this subsection transact any business other than debating and voting upon a resolution for the purpose of subsection (2).

 

(17) During a period of detention— (a) if any person who is detained in such a case as is mentioned in paragraph (a) of subsection (6) and who is not released so requests at any time not earlier than thirty days after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law, comprising not more than three persons from amongst persons of not less than fifteen year's standing entitled to practise in Sierra Leone as legal practitioners;

 

(b) the Chairman of the tribunal, set up under paragraph (a) shall be appointed by the Chief Justice, and the two other members shall be nominated by the Sierra Leone Bar Association;

 

(c) on any review by a tribunal in pursuance of paragraph (a) of the case of any detained person, the tribunal may made recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendation.

 

(18) Nothing contained in or done under the authority of any law shall beheld to be inconsistent with or in contravention of this section to the extent that the law in question authorises the taking during a period of a state of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists immediately before and during that period of a state of public emergency.

 

30. Interpretation of Chapter III.

(1) In this Chapter, unless the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

 

"contravention" in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

 

"court" means any court of law in Sierra Leone other than a local court or a court constituted by or under service law and—

 

(a) in section 16, section 17, section 18, section 19, subsections (3), (5), (6), (9) (but not the proviso thereto) and (11) of Section 23, subsection (2) of section 25, subsection 8 of section 27, subsection (3) of section 28 and subsection (4) of section 29 includes, in relation to an offence against service law, a court so constituted; and

 

(b) in sections 17 and 19, and subsection (8) of section 27, includes, in relation to an offence against service law, an officer of a defence force or of the Sierra Leone Police Force.

 

"defence force" means any naval, military or airforce of the Government of the Republic of Sierra Leone;

 

"member" in relation to a defence force or other disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline;

 

"owner" includes any person or his successor in title deprived of any right or interest pursuant to section 21, and

 

"service law" means the law regarding the discipline of a defence force or of the Sierra Leone Police Force or the Prisons Service or any disciplined volunteer force.

 

(2) References in sections 16, 17, 18 and 21 to a "criminal offence" shall be construed as including references to an offence against service law and such references in subsections (4) to (9) of section 23 shall, in relation to proceedings before a court constituted by or under service law, be similarly construed.

 

(3) Nothing done by or under the authority of the law of any country other than Sierra Leone to a member of an armed force raised under that law and lawfully present in Sierra Leone shall be held to be in contravention of the provisions of this Chapter.

 

(4) In relation to any person who is a member of a disciplined force raised under an Act of Parliament, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

 

(5) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Sierra Leone, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

 

(6) In determining the appropriated "majority of all Members of Parliament" account shall only be taken of the persons actually and validly existing as Members of Parliament at the relevant time.

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Sierra Leone Flag

Universal Declaration of Human Rights

United Nations
Human Right

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

 

Article I

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

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Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

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Article 3

Everyone has the right to life, liberty and the security of person.

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Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

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Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

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Article 6

Everyone has the right to recognition everywhere as a person before the law.

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Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

 

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

 

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

 

Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

 

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

 

Article 13

1. Everyone has the right to freedom of movement and residence within the borders of each State.

2. Everyone has the right to leave any country, including his own, and to return to his country.

 

Article 14

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

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Article 15

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

 

Article 16

1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2. Marriage shall be entered into only with the free and full consent of the intending spouses.

3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

 

Article 17

1. Everyone has the right to own property alone as well as in association with others.

2. No one shall be arbitrarily deprived of his property.

 

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

 

Article 20

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one may be compelled to belong to an association.

 

Article 21

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

2. Everyone has the right to equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

 

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

 

Article 23

1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

2. Everyone, without any discrimination, has the right to equal pay for equal work.

3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

4. Everyone has the right to form and to join trade unions for the protection of his interests.

 

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

 

Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

3. Parents have a prior right to choose the kind of education that shall be given to their children.

 

Article 27

1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

 

Article 29

1. Everyone has duties to the community in which alone the free and full development of his personality is possible.

2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

 

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

A SUCCESS STORY

A success story on one estate issue between one madam Hawa Musa and one Joseph Nabieu Konjo Doma community in the Bagbwe chiefdom in the Bo District.

One madam  Hawa Musa of Konjo Doma community in the Bagbwe chiefdom,Bo District reported a case of plantation between  one Joseph Nabieu of the same village.According to madam Hawa Musa a biological daughter of one pa Alieu Musa planted a huge amount of oil palm and cocao which the said late Alieu is the owner of land and plantation.Mr.joseph Nabieu who is the great grand father of late pa Musa was brought to the house at the age of 27 years from kailahun town to be taking care of by pa Alieu because pa Alieu and the father of Joseph were good friends.

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Party A said only she alone was born by late pa Musa in the village of Konjo Doma community and when Joseph Nabieu was brought by the late pa Musa and he was introduced to the community and late father told that as man to care of the plantation and the daughter of the late man.Joseph Nabieu who has claimed this plantation and not related to the late man family.

Party A said,the plantation was handed over the Joseph Nabieu onhalf of his daughter and other related family at Konjo Doma community as a care taker which he said after his death,his daughter and other family members should benefits from the plantation.thereafter,Pa Musa Was seriously sick and was taken to the hospital to Bo government hospital for medical treatment and Pa Musa  did not survive from the sickness.After the death of pa Musa, Joseph Nabieu started processing the plantation over ten without benefiting the daughter and the other relatives but before the death of pa Musa called upon the daughter, other family and the key stakeholders to handed over the plantation to Joseph on behalf of the daughter and other family that the plantation is not belonging to  Joseph Nabieu but the daughter and other family members and he is not the owner of the after the death of late pa Alieu, according to this report, Joseph Nabieu claimed the whole estate forgetting the fact that he is not the owner of the plantation and without the consent of the daughter and other family members.

 

This matter was reported to the family,and some key stakeholders of the community by madam Neima Alieu but no action was taken against the man.The matter was alsy reported to section chief of Jongo section and also the chiefdom speaker of Bagbwe chiefdom and the was not treated to my satisfaction by both chiefs.

Madam Hawa Musa reported this matter to center for Access to justice peace and human paralegal in yamandu station in baoma chiefdom for their quick intervention.Having received the report from party A,paralegals take statement from the party and recorded into the ledger while invite party B to get his own side of the story . Party B came to the office and explain his own side of the story. Before calling for mediation, paralegal went to the community and engaged some community key stakeholders who were mentioned in the report inorder to get full evidence about the said matter.The engagement was conducted while the paralegal called the both parties for mediation proper.The mediation was conducted in the said community inorder to get more  evidence about this said  matter after explanation are given by both parties with evidences provided by parties.Cross examination also was done.The paralegal explained details of the four gender laws which was enacted by members of Parliament especially the domestic violence act of 2007 and the devolution of estate act of 2007 which is predominant or are increase in the rural communities of sierra Leone.The paralegal focuses  their explanation on the devolution of estate act which are connected with the said matter by party A.

 

A lot of questions were asked by the community people and questions were asked by the paralegal while the town chief  and other authorities of Konjo Doma community appreciated the visit of the paralegal also gained a lot of experience on the legal empowerment and the community themselves.Pa David told the paralegal that,the chiefs are still using the old laws.He told the paralegal that the knowledge gain will be spread into another communities He asked the paralegal to be visiting the community for type of opportunity gain as they need more legal education especially in the area of local  court act and chieftaincy Act .After the discussion of the laws especially devolution of estate act , Joseph Nabieu as party B openly apologize to madam Hawa Musa and other relatives and the estate was handed over to Hawa Musa and other relatives in Konjo Doma community and the mediation agreement was made and distributed among parties.

The summary of success story presented by Akibo K.Boima

Paralegal - Baoma, Bagbwe and Badjia chiefdoms.

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Contact us
8B ABU STREET, JOHNNY LAYOUT,

MENDEWA SECTION  BO DISTRICT

Email: cajphr2011@gmail.com

Phone: 23231306767  or 23276510050

            

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CENTRE FOR ACCESS TO JUSTICE PEACE AND HUMAN RIGHTS (CAJPHR)

8B ABU STREET, JOHNNY LAYOUT, MENDEWA SECTION BO District

Email: cajphr2011@gmail.com

Phone:   23231306767

Opening hours
Mon - Fri: 8:00am - 6:00pm

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