Post-Conflict Governance in Sierra Leone

By Abubakar Hassan Kargbo

This book contains ten chapters and constitutes an attempt to discuss some of the key areas of governance in the country. This text posits three main arguments: First, that promoting democratic good governance in Sierra Leone is an imperative that should be embarked upon (by any government) if it is to ensure socioeconomic and political development on the one hand and peace and security on the other. Second, that the process of promoting democratic good governance will not be an easy task, and this is why any government should strive to be vigilant and extricate the country from dependence; the fact remains that a successful good governance environment in Sierra Leone will depend on economic development. Third, that governance should be not only enhanced through ensuring adequate capacity but also constantly monitored, and it should be a permanent phenomenon.

The need to strengthen links between and among the government, civil society, and the private sector cannot be overemphasized; this is necessary to ensure the dynamism that should characterize a good governance environment. This environment should include a new Sierra Leonean psyche: that of the interests of the state first, anchored in attitudinal and behavioral change.

In this book, the author also attempts to determine how far Sierra Leone has gone in its practice of democratic good governance and the challenges it is facing in trying to do so. He also makes recommendations on how these challenges could be surmounted.

• Language: English
• Publisher: AuthorHouse UK
• Release date: Nov 5, 2014
• ISBN: 9781496992048

Abubakar Hassan Kargbo

Abubakar Hassan Kargbo is currently the Chairman of the National Commission for Democracy. He lectures at the School of Social Sciences, Postgraduate Studies, Njala University, in Sierra Leone. Prior to his joining the Njiala University he taught International Relations, Ancient and Medieval Political thought at the Fourah Bay College University of Sierra Leone in the 1980 and International Economic Relations, Development Studies and Government at the Milton Margai College of Education and Technology respectively. Dr. Abubakar Kargbo completed his Doctorate in Jurisprudence (JU.Dr) International law and Organisation in 1977 at the Charles University, Law Faculty in Prague, Czech Republic. Prior to receiving his doctorate, Dr. Kargbo received his Masters Degree in International Relations and sat to the First State Examination from the same University in 1973. Dr. Kargbo is broadcaster, researcher, writer and consultant. He was the coordinator of the Core Team that put together the Vision 2025 document for Sierra Leone. He has presented numerous papers at conferences and workshops on topics on the media and governance, trade union issues, electoral systems, globalization and the third world, conflict and development. He is also the Chairman of the Board Campaign for Good Governance and NGO in Sierra Leone and was Commissioner Independent Media Commission.

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© 2014 Abubakar Hassan Kargbo. All rights reserved.

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

Published by AuthorHouse 02/05/2015

ISBN: 978-1-4969-9203-1 (sc)

ISBN: 978-1-4969-8681-8 (hc)

ISBN: 978-1-4969-9204-8 (e)

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Contents

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Introduction

Chapter One: Governance Issues and Politics in Sierra Leone, 1991–2014

Sierra Leone in 1787 and After

The Impact of the Two World Wars

Contemporary Governance

Conclusion

Chapter Two: Theory of Political Parties

Political Parties Defined

Common Features of Political Parties

Political Parties in the Developed World

Political Parties in Developing Areas

The Evolution of Political Parties in Sierra Leone

Beginning of Political Party Formations, 1947–1960

The Formation of the Sierra Leone People’s Party (SLPP)

1951 Elections

Threshold of Independence

Formation of the Elections before Independence Movement (EBIM)

The 1962 General Election

Party Politics in Sierra Leone, 1962–1964

Inter-party Competition and Relations, 1964–1967

The 1967 General Elections and Its Aftermath

NRC and Opposition – 1967–1968

Restoration of Civilian Rule in 1968

The APC in Power, 1968–92: SLPP and APC Relations

General Elections under the APC Party Government

President Joseph Saidu Momoh and the One-Party Rule – 1985–92

The Multi-Party Constitution of 1991

The Birth of New Parties

Momoh’s Overthrow

The NPRC and the Democratic Process

The NPRC Palace Coup and Attempts to Abort the Process towards Constitutional Order

Political Party Politics in an Era of Democracy, 1996–97, 1998–2001

National Unity Government and the Sierra Leone People’s Party

Proliferation of Political Parties

Grand Alliance of Political Parties

Development of Political Parties since 2002 Parliamentary and Presidential Elections

Internal Democracy and Unity of Political Parties

Conclusion

Recommendations

Chapter Three: Elections and Electoral Systems in Sierra Leone

Democratic Good Governance? The Challenges in Post-Conflict Sierra Leone

Sierra Leone: Brief Constitutional Development

Effects on the Political System

The Need for Change in the Electoral System

Elections

Chapter Four: What Democracy? The Challenges in Post-Conflict Sierra Leone

The Two-Vote System

The Single Transferable Vote (STV)

Sierra Leone and the Use of the PR Electoral System

The Electoral System in Sierra Leone and the Case for the PR System Link between MPs and Their Constituents

The Question of the Quality of Representation

FPTP Breeds Violence

PR Electoral System Ensures Proportionality

PR System Produces a Representative Parliament

PR Ensures or Promotes the Unity of the State

Electoral Reform in Sierra Leone

The Need to Rethink the Use of the PR Electoral System in Sierra Leone

The Historical Condition in Africa, Past and Present: Is There Any Need for Change in the Electoral System?

Advantages of the PR System

The Role of Political Parties in the PR System: The Nature of Political Parties

The Link between Electoral Laws and the Party System

What Role Can Political Parties in Sierra Leone Play in a List PR Electoral Setting?

Conclusion

Chapter Five: The Post–Lomé Peace Agreement and the Need for a New Political Culture

Roots of the Crisis

Can There Be a Marriage between Western and Traditional Value Systems, Particularly Those Bordering on Democracy and Good Governance?

Sierra Leone, 1967–1999

The Rebel War (1991–2002)

Peace Process

The May 25 AFRC Coup

The January 6 Invasion of Freetown

The Lomé Peace Talks

Peace Agreement

Post-Lomé and the Need for a New Political Culture or a Rethink

Rehabilitation

Social Rehabilitation

Civil Society in Sierra Leone

Encampment, Demobilization, Reintegration, and Resettlement

Delay in the Disarmament Process: The Future of the Lomé Peace Accord

Implementation of the Lomé Peace Accord

Governance and the Lomé Accord

Post-Conflict Reconstruction – Economic

Truth and Reconciliation Commission (TRC)

Conclusion

Chapter Six: Political Economy of Corruption

Corruption, Types and Integrity

Political Patronage and Clientelism

Causes of Corruption: Tradition, Culture, Ethnic

Low Level of Salaries and Wages: Poverty

Perceptions on Most Important Factors Responsible for Corruption in Sierra Leone – 2010 Survey

Corruption, the Private Sector, and International Business

Level of Practice of Corruption in Sierra Leone

Comparison of Level of Corruption: Central and Regional

The Effects of Corruption on the Body Politic of Sierra Leone: Politics, Administration, and Institutions

Economic Effects

Environmental and social effects

Political Economic and Social Effects of Corruption

The Politicisation of the Key State Institutions

Weakening of the Revenue Base of Government

The Anti-Corruption Commission

Conclusion

Chapter Seven: Youth Empowerment

Concept of Youth Defined

Youth Empowerment through Vocational and Technical Training

The Challenges of Vocational and Technical Education

Challenges

Conclusion

Chapter Eight: Child Labour in Sierra Leone

ILO Child Labour Conventions

Definition of the Child

Magnitude of Child Labour in Sierra Leone

Nature of Child Labour in Sierra Leone

Perception on Child Labour

Consequences of Child Labour

Reasons Why Children Work

Labour Legislation and Regulations and Policies in Place

Prevention of Cruelty to Children Act (Chapter 31 of the Laws of Sierra Leone, 1960)

Children and Young Persons Act (Chapter 44 Of the Laws of Sierra Leone, 1960)

The Anti-Human Trafficking Act of 2005

The Child Rights Act of 2007

Monitoring, Enforcement, and Sanctions Mechanisms Put in Place

Conclusion

Bibliography

To my wife and children- Rugie, Abdulai, Mohamed,

Abudhar and Abubakar

INTRODUCTION

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Concern about promoting democratic good governance has been gaining momentum in Sierra Leone for over a decade. Governments have been taking steps to ensure democratic good governance over the years.

This book, titled Post-Conflict Governance in Sierra Leone, contains eight chapters and constitutes an attempt to discuss some of the key areas of governance in the country.

The book posits three main arguments. First, that promoting democratic good governance in Sierra Leone is an imperative that should be embarked upon (by any government) if it is to ensure socioeconomic and political development on the one hand and peace and security in the country on the other. Second, that the process of promoting democratic good governance will not be an easy task; this is why any government should strive to be vigilant and extricate the country from dependence. The fact remains that a successful good governance environment in Sierra Leone will depend on economic development. Third, governance should not only be enhanced through ensuring adequate capacity but also be constantly monitored, and it should be a permanent phenomenon.

The need to strengthen links between and among government, civil society, and the private sector cannot be overemphasised. This is necessary to ensure the dynamism that should characterise a good governance environment. This should include a new Sierra Leonean psyche: that of the interest of the state first anchored in attitudinal and behavioural change.

CHAPTER ONE

Governance Issues and Politics in Sierra Leone, 1991–2014

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Even before the discovery of Sierra Loa (meaning Lion Mountain; present-day Sierra Leone) by the Portuguese explorer Pedro de Centra in 1462, chieftaincy, a form of governance structure among the scattered communities, was in place. There was no state in the modern sense, but different communities were governed under the authority of their respective chiefs.

Chieftaincy was not only hierarchical and characterised by division of labour, where various governance responsibilities were given to the sub-chiefs in that hierarchy, but it was also linked for centuries with traditional secret societies, such as the Poro and Wende. This form of governance was exclusive, meant only for members of the respective secret society. Members who were not part of the hierarchy had limited options for participation, and decision making was very limited if not even absent. The general public had no input in the process of decision making and merely carried out the dictates of the paramount chiefs and his elders, who were all members of the secret society. These communities were usually characterised by internal wars over territory and over captives during the period of slave trade. The Mende, Temne, and Limba tribal systems boasted of highly structured governance administrations historically determined.

For centuries the institution of chieftaincy was based on a hereditary system, which meant that only people from a known ruling house could become the paramount chief. It is argued that this type of legitimacy originated from a force theory.

At a later period of the historical development in Sierra Leone, some chiefs were recognised by European explorers even though they were stateless, such as King Tom and King Jimmy. Traders and migration of people from one community to another became responsible for the dissemination of information.

Sierra Leone in 1787 and After

This was the political landscape that characterised the various communities that existed in what is now known as Sierra Leone, when the first freed slaves settled in 1787. In the first instance it was the black poor, a group of four hundred slaves freed as a result of Lord Mansfield’s decision that slavery was no longer legal on English soil. They were followed by the Maroons, who fought for the British during the American War of Independence and who later relocated to Nova Scotia in Canada, where they were promised land only to find out that it was unobtainable. The Maroons were former citizens of Jamaica who revolted against their government. After settling in Nova Scotia, they were later forcibly removed from Nova Scotia by the British and brought to Freetown (so called because it was a home for freed slaves) to settle. The recaptives, who were captured to be sold as slaves but freed as a result of the capturing of slave ships in the Atlantic Ocean, were also brought to Freetown to face the Court of Mixed Commission. These settlements had far-reaching socioeconomic and political consequences for the country and brought about a socioeconomic and political catalyst that changed the history of Sierra Leone. The fact was that the freed slaves impacted the country socioeconomically and even politically, because they were also highly capable in terms of education, Europeanization, and skills.

In 1799, the oldest form of local government was established in Sierra Leone when a Royal Charter granted by the British to the Sierra Leone Company made Freetown a municipality with a mayor, alderman, and sheriff. The setup of the Sierra Leone Company facilitated the spread of Christianity, and later Christian religious groups from England followed with their civilisation missions characterised by the education and the conversion into Christianity of the resettled settlers.

In January 1808, the country was transferred to the control of the British Crown, making it a crown colony. Despite the original settler politics, the settler population (particularly the Nova Scotians and the Maroons) saw themselves as qualified candidates for full British support against the freed slaves who received much attention from European missionaries, teachers, and officials. The general atmosphere in Freetown was characterised by disunity and suspicion between and among the settler community on the one hand and the settler community and the British on the other hand. In 1896, Britain declared a protectorate over what remained of her sphere of influence in the hinterland of the country. To ensure the capability to administer the hinterland, Britain imposed a levy known as the Hut Tax. The Hut Tax was not welcomed by the chiefs, who saw it as unnecessary and hostile. They perceived the idea of paying tax for the huts built by the people in the hinterland as an abomination, despite claims by the British that the money collected was to be used for the socioeconomic development of their respective areas. The Hut Tax levy led to the Hut Tax War in 1898.

Meanwhile, at the beginning of the twentieth century, the Creole had emerged as a force to be reckoned with – not only among the former settler population but also among the people in the protectorate. However, their relationships with the colonial rulers on the one hand and the people in the hinterland were also not too healthy, despite attempts to bridge the suspicion gap that existed between the two. Perhaps the suspicion was based on the fact that the Creole had the capacity in terms of their skills and education, which placed them in an advantageous situation compared to the people in the Protectorate. It is argued that the British was not interested in handing over power to the Creole despite the fact that they had the capacity at the expense of the people in the Protectorate who were not only the indigenes but also were in the majority.

The Impact of the Two World Wars

The impact of both World Wars on the political governance process of Sierra Leone was significant. First, it became an eye opener in the sense that it was possible to challenge domination in the form of colonialism, particularly the fact the British fought against German nationalism and dominance. It also contributed to the weakening of the Allies of which colonial master Britain was a part, even though it emerged as one of the victorious powers in both world wars. This was perhaps a contributing factor for the speeding up of the decolonization process that impacted Sierra Leone positively. In 1946 the Protectorate Assembly was created. Although it was to act as an advisory body to the British government on protectorate affairs, it seemed a dubious and curious manner of securing advice from the people of the protectorate on the part of the British colonial administration. The British government had by then ruled the protectorate for over fifty years with help of the chiefs and the administrative machinery set up in the districts. Therefore there may have been other cogent and more compelling reasons for the establishment of the Protectorate Assembly (Marcus- Jones, 1988). Perhaps the proposals envisaged in the Sir Hubert Stevenson constitution were seen in light of the growing reality of the socioeconomic and political developments – not only in the country but also in other parts of British West African Countries. There were also several reasons why it was necessary to bring about change in the governance environment in Sierra Leone in 1946, including the need to increase the representation of the people in the protectorate who were in the majority; the need to merge the colony and the protectorate; facilitating the awareness process of the people in the protectorate through their empowerment by education for governance; and minimising customs and traditions in the protectorate that were inimical to good governance, such as the perspective to view women as inferior. These were some of the reasons for the creation of the protectorate assembly and ensuring that majority representation came from the protectorate itself.

According to the 2004Transparency Country Report on Sierra Leone on Corruption, the history of post-independent Sierra Leone has been the history of the failure of the state to produce expected results geared towards socio-political and economic development, largely due to the destabilising impact of political change and conflict since independence in 1961. Sierra Leone became independent in 1961 with a well-established two-party system, the ruling Sierra Leone People’s Party (SLPP) and the opposition All People’s Congress (APC). This two-party system drew upon the liberal ideas of Parliamentary institutions and the concept of the rule of law and civil liberties from the country’s previous experience as a British colony. The country’s political scene between the years it gained its independence in 1961 and the demise of its first Prime Minister, Sir Milton Margai, in 1964 enjoyed legitimate rule through popular support and governmental leadership that was committed to efficient management of the resources of the state. The unquestioned legitimacy of the first post-independence government and its acceptance as representative of the nation made Sierra Leone the envy of the other newly independent states in Sub-Saharan Africa.

It was hoped that Sierra Leone would be the model for post-colonial Sub-Saharan states. Upon Sir Milton Margai’s death in 1964, however, Sierra Leone was cast adrift. The administration of his successor, Sir Albert Margai, was the prelude to authoritarian rule and economic and social disaster. He was the first prime minister to table a one-party constitution in Parliament, but it was defeated when he lost the 1967 general elections. Subsequently, patterns of political instability through civilian authoritarianism and military dictatorship became well established in the post-1964 years. Hence, since its independence in 1961, Sierra Leone has only enjoyed four years of democratic rule (National Integrity Systems, 2004).

Table 1: Successive Regimes

Source: T.I. Country Report 2004

Contemporary Governance

In September 2002 Sierra Leone was part of the Millennium Summit General Assembly of the United Nations, in which world leaders committed to the Millennium Declaration of the United Nations set key objectives for the twenty-first century. The declaration embodies an unprecedented consensus, outlining a common vision of peace and security, development and poverty eradication, securing human rights, and democracy and good governance. It includes millennium development goals (MDGs) to be achieved by 2015 that focus on several key areas of human well-being.

• Achieve universal primary education

• Combat HIV/AIDS, malaria, and other diseases

• Eradicate extreme poverty and hunger improve maternal health

• Promote gender equality and empower women

• Ensure environmental sustainability

• Reduce child mortality

• Develop a global partnership for development (Abdellatif, 2002)

Abdelatif (2002) argues that the concept of governance nowadays occupies not only a central stage in the development discourse but also considers it to be a crucial element in the development strategy. However, he posits that apart from the universal acceptance of its importance, differences prevail in respect of theoretical formulations, policy prescriptions, and conceptualization of the subject itself. Governance as a theoretical construct is in an embryonic stage, and its formulation differs among researchers depending on their ideological convictions.

According to the donor states of the EEA Financial Mechanism and the Norwegian Financial Mechanism (Iceland, Liechtenstein, and Norway), good governance is fundamental to the economic and social development process of all countries, and hence it is inherently linked to the objectives of the financial mechanisms. The existence of a good regulatory framework provides a sound structure for the management of a country’s resources. A good governance approach usually encompasses the following elements.

• accountability

• transparency

• participation

• equality

• rule of law

• capacity and competence

• responsiveness to people’s needs (Good Governance and Anti-Corruption Policy and Guide, The EEA Financial Mechanism and The Norwegian Financial Mechanism 2004–2009, p. 3)

History has taught us that certain basic principles must be pursued by the state for good government to become possible. Their non-existence has been causing chaos and anarchy in various societies, including Sierra Leone. It is argued that any new dispensation must at all times ensure that good governance principles are adhered to scrupulously. It is one of the major challenges that governments in Sierra Leone will have to face if they are to remain democratic and legitimate. Popular participation on the part of all citizens in the political process is one such basic