Spotlight on NHRIs: Advancing Human Rights through UPR Recommendations in Sierra Leone
On June 21, 2024, Sierra Leone’s parliament passed the Prohibition of Child Marriage Bill 2024, a historic law that criminalizes marriage for anyone under the age of 18.
The new legislation is designed to protect young girls from a harmful practice that has long violated their rights and impeded their development. It addresses six key recommendations from the Universal Periodic Review (UPR) received in May 2021, notably the recommendation from Togo, which called on Sierra Leone to “adopt legislation and other measures to prevent and end the practice of child marriage.”
According to the latest UNICEF report (2023), approximately 30% of girls and 4% of boys in Sierra Leone are married before reaching 18, with even higher rates in rural areas. Currently, around 800,000 girls are married in Sierra Leone, with half of these marriages occurring before they turn 15. This trend significantly contributes to the country’s high adolescent pregnancy rate, with pregnancy complications being the leading cause of death for girls aged 15-19.
The new law comprehensively bans all forms of child marriage and cohabitation with minors, including any acts of aiding or abetting such practices. It emphasizes the protection of children's best interests and provides for counseling and safeguarding services for affected girls.
As part of its commitment to facilitating the exchange of best practices among stakeholders, including National Human Rights Institutions (NHRIs), in the UPR process, UPR Info interviewed Brima Kelson Sesay, from the Human Rights Commission of Sierra Leone (HRCSL). The interview highlighted the Commission’s key role in supporting the implementation of UPR recommendations.
What role did the HRCSL play in the new law banning child marriage?
The HRCSL was a member of the technical committee that reviewed the draft of the Prohibition of Child Marriage Act 2024. The Commission ensured that the draft adhered to international human rights standards. Over the years, the HRCSL has consistently raised awareness and conducted public education in communities and on the radio about early child marriage as a violation of children's rights. Additionally, the Commission has made direct interventions through District Human Rights Committees (DHRCs) and Civil Society Organizations (CSOs) to prevent early child marriages.
What strategies does the HRCSL use to advocate nationally for the effective implementation of this and other human rights recommendations?
The HRCSL employs several strategies to advocate nationally for the implementation of human rights recommendations. The Commission regularly conducts consultations with Ministries, Departments, and Agencies (MDAs), District Human Rights Committees (DHRCs), Civil Society Organizations (CSOs), and other stakeholders to gather information on the status of UPR recommendation implementations. Additionally, the Commission reminds the Sierra Leonean government of its responsibilities, including the international obligation to submit a voluntary UPR mid-term report to the Human Rights Council. The HRCSL also uses its annual State of Human Rights reports to advocate for the government to implement UPR recommendations. HRCSL further engages in public education and awareness raising activities, community outreach programmes, publishes press releases, position papers and advisory opinions.
What are two other significant human rights advancements in Sierra Leone linked to UPR recommendations?
In the past three years, Sierra Leone has achieved notable human rights progress, particularly through the abolition of the death penalty and the enactment of the Gender Equality and Women’s Empowerment (GEWE) Act of 2022.
The death penalty was abolished on October 15, 2021, fulfilling a pledge made during the UPR. This reform replaced capital punishment with life imprisonment or a minimum of thirty years for serious crimes, fully addressing 12 of the 19 UPR recommendations and partially addressing 7 others. As of July 12, 2024, there are 42 male inmates serving life sentences, with no female inmates, at the Freetown Male and Female Correctional Centres.
The GEWE Act 2022 promotes women's empowerment and active participation in both public and private sectors. It aligns with the UPR recommendation received by Iceland, which urged the expedited enactment of gender equality legislation, and addresses 10 recommendations related to women's representation and discrimination, particularly the recommendation received by Cambodia, which calls for increased female representation in parliament, government, and municipalities. The Act mandates 30% reserved seats for women in parliament and local councils, and 30% of appointive positions for each gender, alongside measures to improve access to finance for women and promote gender equality in the workplace. With 42 women out of 149 members in parliament, this represents a significant step forward in women’s political representation and partial implementation of the GEWE Act.
How did the HRCSL contribute to these achievements?
The HRCSL was instrumental in these advancements through vigorous advocacy and public engagement with civil authorities. For example, following the recommendations by the Commission during the presentations of its annual State of Human Rights Report, President Julius Maada pledged its commitment to abolish the death penalty and fully implement the Gender Equality and Women’s Empowerment (GEWE) Act. Additionally, HRCSL participated in the drafting of the GEWE Act and continuously urged the government for its swift enactment its annual State of Human Rights reports. Furthermore, the Commission submitted a Position Paper to parliament as part of its corporate contribution to the enactment of the GEWE Act.
Is there anything you would like to share with NHRI colleagues in other countries?
For NHRI colleagues in other countries, strengthening DHRCs and CSOs both technically and financially is crucial for effective monitoring of recommendations. Encouraging DHRCs and CSOs to form thematic groups can enhance the focus and effectiveness of their monitoring efforts, ultimately leading to more comprehensive and impactful human rights reports.
Can you give a personal definition of what the UPR means to you?
To me, UPR is a legal means by which States poke their noses into the human rights business of other States in a positive way in order to assist such States in overcoming challenges that impede the enjoyment of human rights.
Since the review of Sierra Leone’s human rights record on May 12, 2021, the HRCSL has been deeply engaged in the UPR process. Key activities include organizing five Regional Consultative Conferences to popularize the 2021 UPR recommendations, and conducting extensive training with UPR Info for Commissioners, staff, DHRCs, and CSOs on UPR monitoring and reporting. Additionally, the HRCSL has facilitated stakeholder engagement on the status of UPR recommendations for mid-term reporting, led regional advocacy consultations focusing on constitutional and human rights defender issues, and monitored the implementation status across various MDAs. The Commission has also emphasized the importance of monitoring indicators for Treaty Bodies and UPR recommendations and participated in validating the State’s Mid-term UPR report.