Chapter 9: Adherence to regional and international instruments

9 Adherence to regional and international instruments

 

SIERRA LEONE
A country review of crime and criminal justice, 2008

 

African Human Security Initiative



Monograph No 160, May 2009

 

Introduction


The imperative of globalisation has led to the evolution of and consequent entry into force of several multilateral conventions and protocols or treaties. International legal instruments are not self-executing and states can elect to accede to or ratify such legal instruments, or not. After ratification by states, the international instruments may be domesticated by such states through enabling legislation. The legal implication of the domestication of such conventions and protocols is that they become integrated into the corpus of laws of such countries.

The fundamental principle of treaty law is that treaties are binding upon the parties that have acceded to them and that such accession must be performed in good faith. This rule is known in legal terms as pacta sunt servanda and is arguably the oldest principle of international law. In the absence of a certain minimum belief that states will perform their treaty obligations in good faith, it becomes preposterous for countries to enter into such obligations with one another. Consequent upon Sierra Leone’s voluntary election to be bound by the treaties it has acceded to, ratified or adopted, it needs to domesticate such instruments.

Regional instruments signed and ratified by Sierra Leone


In this section, the report focuses on the regional protocols and agreements that Sierra Leone has signed and ratified. It also highlights those instruments the country still needs to ratify. The regional protocols emanate from the AU and the Economic Community of West African States (ECOWAS). The protocols and agreements signed and ratified by Sierra Leone, as listed in Table 9.1, cover a wide spectrum of issues, including migration, crime, security, law enforcement, integration etc. The table includes information on dates of signature, ratification and accession, and the entry into force of the various instruments.

 


An examination of the various regional treaties and protocols indicates the degree of compliance by Sierra Leone to the provisions of such international legal instruments. Evident from Table 18 is the time lapse between the signing and ratification of instruments. For example, the Convention Governing the Specific Aspects of Refugee Problems in Africa was signed by Sierra Leone on 10 September 1969, but was not ratified until 28 December 1987, some 17 years later. The same can be said of the African Charter on the Right and Welfare of the Child, where there was a gap of about 10 years between signature and ratification. Such delays do not cast Sierra Leone in a favourable light in our new world order.

International instruments signed and ratified by Sierra Leone


Sierra Leone is a member of the UN and has signed and ratified several international legal instruments dealing with a range of issues, including trans-boundary crimes, security, law, enforcement etc. Sierra Leone needs support from the international community to give effect to these instruments, given the imperatives and demands of post-war reconstruction and reintegration efforts. Table 19 presents some of the international conventions and protocols Sierra Leone has signed and/or ratified.

 


Table 19 demonstrates that Sierra Leone is a signatory to virtually all the international conventions and protocols covering diverse aspects of international law from human rights, human trafficking and the rights of the physically challenged to transnational crimes, drugs and civil rights.


While some of the international treaties and conventions have been signed and ratified, others, e.g. the International Convention for the Protection of all Persons from Enforced Disappearance, have been ratified by Sierra Leone even though they are not yet in force. The reason for the instruments not yet having entered into force is because sufficient member states are yet to sign it to achieve the requisite number of signatures for its entry into force.

International conventions and protocols to be ratified by Sierra Leone


In the international community many states have defaulted in ratifying certain conventions and protocols. The reason for this is multifaceted. Some countries refuse to ratify some international instruments because of the dictates of sovereignty or self- interest, while others usually take a long time to ratify such instruments. Sierra Leone has defaulted as well as regards the signing of some international instruments. Amongst the conventions and protocols yet to be ratified by Sierra Leone are the following:

  • Convention on the Prevention and Punishment of the Crime of Genocide (entry into force 12 January 1951)

  • Convention on the Privileges and Immunities of the United Nations

  • Convention on the Non-Applicability of Statutory Limitation to War Crimes and Crimes against Humanity

  • Convention on the Reduction of Statelessness

  • Convention Relating to the Status of Stateless Persons

  • Convention Concerning Occupational Safety and Health and the Working Environment

  • Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

  • Slavery Convention

  • Protocol Amending the Slavery Convention

  • Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty

  • Amendment to the International Convention of All Forms of Racial Discrimination

  • International Covenant on Economic, Social and Cultural Rights (Sierra Leone has not signed, but did accede to it on 23 August 1996)

  • International Covenant on Civil and Political Rights (Sierra Leone has not signed, but did accede to it on 23 August 1996)

  • Optional Protocol to the International Covenant on Civil and Political Rights (Sierra Leone has not signed, but did accede to it on 23 August 1996)

  • International Convention on the Suppression and Punishment of the Crime of Apartheid

  • Amendment to Articles 20(1) of the Convention on the Elimination of all Forms of Discrimination against Women

  • Amendment to Articles 17(7) and 18(5) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

  • Universal Declaration of Human Rights

  • OAU Convention Governing the Specific Aspects of the Recharge Problem in Africa

  • Protocol to the Africa Charter in the Establishment of an African Court on Human and People Rights (Supplement to the African Mechanism for the Promotion and Protection of Human Rights in Africa)

  • Protocol to the African Charter on Human and Peoples Rights (Relating to the Rights of Women)

  • Draft Protocol to the OAU Convention on the Prevention and Combating of Terrorism

  • African Maritime Transport Charter

  • Worst Forms of Child Labour Convention (No. 182) (Adopted by the International Labour Organisation (ILO) General Conference on 17 June 1999)

  • Minimum Age Convention 1973 (No. 138) (Adopted by the ILO General Conference on 26 June 1973)

  • Amendment to the Convention on the Rights of the Child. General Assembly Resolution 155/50 of 21 December 1995

  • Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation

  • Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague, Protocol 1 of 1954, and Protocol 11 of 1999)

The above list of international conventions and protocols yet to be ratified by Sierra Leone is not exhaustive, since there are several more. To this extent, it is a matter of grave concern that despite the trauma of the horrendous decade-long rebel war, Sierra Leone has not ratified, amongst others, the Convention on the Prevention and Punishment of the Crime of Genocide, and the Convention on the Non-Applicability of Statutory Limitation to War Crimes and Crimes against Humanity.


Furthermore, considering the historical background of Sierra Leone as a colony for the settlement of repatriated slaves consequent on the abolition of the heinous slave trade, it is imperative that it ratifies the Slavery Convention.


The problem of states dithering to sign and/or ratify protocols and treaties has the effect of important treaties that have been signed by some states cannot be put into force owing to the lack of the requisite quorum. For instance, Sierra Leone signed the International Convention for the Protection of all Persons from Enforced Disappearance on 6 of February 2007, but like several other states, is yet to ratify the convention. Consequently, the convention has not yet been able to enter into force.


The challenges posed by the institutional inertia of such government departments as Sierra Leone’s Ministries of Foreign Affairs and of Justice partly explain the failure of the country to ratify some of the conventions and protocols. Sierra Leone’s capacity and efficiency in processing international legal instruments should be enhanced. Irrespective of these lapses, it is gratifying to note that Sierra Leone has integrated herself into a fast globalising world, being a member of such multilateral bodies as the UN, AU and ECOWAS.

Recommendations


Sierra Leone has signed and ratified the greater proportion of the conventions and protocols dealing with transnational crimes, human rights, gender issues, war etc. Although many important legal instruments are yet to be ratified, the country has shown a commendable level of commitment to her international obligations. However, greater effort should be directed towards the domestication of some of these conventions and protocols. While there are positive indicators of the benefits of Sierra Leone’s ratification of these instruments, it is imperative that they be enacted locally into the corpus of laws of the Sierra Leone legal system. The utilitarian value of domestication is that the country would be enabled to prescribe and impose penalties where there is an infraction of the provision of such instruments.