Sierra Leone

Commission on Human Rights

Report of the High Commissioner

In resolution 2000/24, the Commission on Human Rights requested the High Commissioner to report to the 2001 session on the human rights situation in Sierra Leone, including with reference to reports from the UN Mission in Sierra Leone (UNAMSIL), which was mandated by the Security Council to continue until 31 December 2000. The report notes that the priority tasks for the UNAMSIL were: (a) to maintain the security of the Lungi and Freetown peninsulas, and their major approach routes; (b) to deter and, where necessary, decisively counter the threat of attack by the Revolutionary United Front (RUF) by responding to any hostile actions or threat of imminent and direct use of force; (c) to deploy progressively at key strategic locations and main population centres and to assist the government in its efforts to extend state authority, restore law and order and, as possible, to afford protection to civilians under threat of imminent physical violence; (d) to patrol actively on strategic lines of communication, specifically main access routes to the capital, in order to dominate ground, ensure freedom of movement and facilitate the provision of humanitarian assistance; (e) to assist in the promotion of the political process leading, inter alia, to a renewed disarmament, demobilization and reintegration programme where possible.

The report to the 2001 session (E/CN.4/2001/35, 1 February 2001) is based on information drawn from various sources, including the 10 reports of the Secretary-General to the Security Council, covering the period from 6 December 1999 to 15 December 2000. Information is provided on the following topics, inter alia: the independent special court; children and armed conflict; violence against women; extrajudicial, summary or arbitrary executions; contemporary forms of slavery; freedom of expression; UN human rights activities in the country, in the context of the establishment of a truth and reconciliation commission and a human rights commission.

The report notes elements in the reports of the Secretary-General referring to violations in the first three months of 2000, including: arbitrary executions, rape, abduction and looting; violations and abuses in areas controlled by the RUF, including the harassment of civilians, the imposition of illegal taxes, the use of children as combatants, abductions of women, girls and men, and illegal detention. The relative improvement in the human rights situation was severely eroded with the resumption of armed confrontations in early May 2000 and, in the context of the escalation of fighting, all sides in the conflict - the RUF and rebel militias, and, increasingly, elements of pro-government forces - committed crimes against the civilian population, including widespread mutilations, as well as sexual assault and rape of women. In areas not under the government's control, there were reports that the RUF and the Armed Forces Revolutionary Council (AFRC/ex-SLA) had abducted civilians and used them for hard labour in palm oil plantations, as well as reports of activities resulting in disruptions in, or the denial of, access to humanitarian assistance. Also, the resumption of the conflict in May 2000 was again characterized by the extensive use of child combatants, although some 1,700 child combatants out of an estimated 5,000 had joined the disarmament, demobilization and reintegration programme.

The report notes that according to human rights reports from UNAMSIL, persistent fighting was characterized by violations of human rights and humanitarian law. The reports documented cases of: extrajudicial executions, mutilation, torture, abduction, the forced recruitment and use of children and adults as soldiers; forced labour; wanton destruction and looting of civilian property; the massive internal displacement of persons; cases of rape and sexual abuse of women, a "hallmark" of the conflict, noting that most internally displaced women had contracted sexually transmitted diseases (STDs), frequently as a result of rape. Reference is also made to a regional dimension to the conflict in which refugees from Sierra Leone (and also Liberia) in Guinea became victims of violence in the aftermath of tension originating from cross-border incursions into Guinea blamed on Liberia and the RUF.

Prison assessment missions carried out by UNAMSIL found that prison conditions were generally inadequate, but there was no evidence of physical mistreatment of prisoners or detainees.

Concerning the independent special court, the report notes that in resolution 1315 (14 August 2000) the Security Council requested the Secretary-General to negotiate an agreement with the government to create an independent special court that would have subject matter jurisdiction over crimes against humanity, war crimes and other serious violations of international humanitarian law, as well as crimes under relevant national law committed within the territory of Sierra Leone. The Security Council requested that the court also exercise personal jurisdiction over persons who bear the greatest responsibility -- those who played leadership roles -- for the commission of crimes within its subject matter jurisdiction. The report notes that the Council recommended funding of the court by voluntary contributions and, further, that the process of establishing the court should not commence until the UN Secretariat had obtained adequate funds to finance its establishment and 12 months of operation, as well as pledges to cover projected expenses for the second 12 months.

The summary of points noted under various headings and drawn from a number of thematically based reports refers to the following events, among others: many children had been deliberately maimed, their limbs cut off; in January 1999 alone over 4,000 children were abducted during the incursion of the RUF and the AFRC into Freetown; estimates suggested that 60 percent of the abducted children were girls, most of whom had been sexually abused; thousands of children were serving as soldiers in the three main fighting groups, the RUF, AFRC/ex-SLA and the Civil Defence Forces (CDF); more than 60 percent of the internally displaced and refugee populations were children; several thousand children had been orphaned; there were more than 3,000 "street children" in Freetown alone and many children were suffering from serious psycho-social trauma; all the fighting forces, especially the rebel RUF militia, had committed crimes against the civilian population, including widespread rape, sexual assault and mutilation of women; many of the rapes took place when the victims were abducted and forced to become sexual partners of their captors; Sierra Leone was considered by many international NGOs to be one of the most dangerous countries in the world for journalists.

Concerning UN human rights activities, among other things the report refers to: the multidisciplinary mandate of UNAMSIL, including the provision of assistance for the disarming, demobilization and reintegration of ex-combatants; the human rights component of the Mission, which focusses on monitoring, reporting, intervention and technical cooperation; the establishment of a Sierra Leone human rights committee, which provided a forum for consultations and the exchange of ideas and information between human rights and humanitarian actors; in cooperation with the umbrella organization of the local human rights community, the National Forum for Human Rights, the provision of training programmes and assistance to local NGOs and wider civil society; the provision of regular human rights training for law enforcement agencies, new UNAMSIL peacekeepers, military observers and civilian police; human rights training for the newly trained Sierra Leonean Army; the implementation of UNAMSIL human rights projects - namely, (a) the creation of a human rights information/documentation centre, (b) data collection and analysis on matters such as conflict-related rape and sexual abuse, (c) technical assistance to the judicial system, (d) the strengthening of national human rights NGO capacities. The Mission also provided support on the ground to the commitment of the OHCHR to assist in the establishment of a national human rights commission and a "truth and reconciliation" commission.

Concerning the establishment of the latter, the report notes, inter alia: the Truth and Reconciliation Commission Act (TRC Act) was approved by Parliament in February 2000; under this Act, the Commission should provide an impartial historical record of violations and abuses of human rights and international humanitarian law related to the conflict, address impunity, and respond to the needs of victims; the Commission should also aim to promote healing and reconciliation, and to prevent a repetition of the violations and abuses; the UN High Commissioner and the Special Representative of the Secretary-General had begun the process of selecting the international and national commissioners respectively for the Commission, as required under the TRC Act; the OHCHR and UNAMSIL jointly organized an international workshop on the Truth and Reconciliation Commission in Freetown in November 2000 which was attended by representatives of the government, officials of various diplomatic missions, religious leaders, representatives of NGOs and paramount chiefs. Participants in the workshop expressed the view that the Commission could exist side by side with the Special Court and that the two initiatives should complement each other. They recommended, inter alia, that:

• a consultative process be put in place to work out the relationship between the TRC and the Special Court, with particular emphasis on the question of timing;
• a working group of experts on children's rights, juvenile rehabilitation and related issues be convened to develop proposals for the TRC on how to deal with those matters;
• a comprehensive public awareness campaign on the TRC be commenced immediately;
• the identification of national and international commissioners be started as soon as possible;
• the TRC process take full cognisance of traditional reconciliation processes.

To lay the foundation for the work of the TRC and to ensure ownership of the process by Sierra

Leoneans, the OHCHR commissioned a local NGO to carry out research on traditional methods of conflict resolution and reconciliation in Sierra Leone.

The report also refers to efforts aimed at the preparation of legislation for the human rights commission and in discussing modalities for the creation of the institution. The renewal of hostilities in May 2000 caused endeavours to establish the Commission to be temporarily suspended. The process resumed late in the year and, in December 2000, the OHCHR, UNAMSIL and the National Forum for Human Rights convened the Workshop on the Establishment of the Sierra Leone Human Rights Commission. This workshop was attended by 40 participants representing all sectors and regions in Sierra Leone, as well as the chairpersons of the national human rights commissions of Ghana and Uganda. Draft enabling legislation was introduced and participants supported the establishment, by act of Parliament as soon as possible, of an independent, adequately funded national human rights commission. A committee with UNAMSIL representation was established to finalize comments on the draft legislation and forward them to the government.

Resolution of the Commission

Under agenda item 9 the Commission adopted by consensus one resolution on the situation of human rights in Sierra Leone (2001/20). The Commission, inter alia:

• expressed deep concern regarding the continuing violations of human rights and international humanitarian law perpetrated by the RUF and others, including other armed groups;

• also expressed concern about the continuing fragile security and human rights situation in the country and neighbouring states, exacerbated by ongoing violence and tensions in border regions;
• noted the regional dimension of the human rights issues and stressed the importance of technical cooperation for the promotion and protection of human rights.

The Commission welcomed, among other things:

• the November 2000 Agreement between the government and the RUF, including the responsibilities contained in it;
• the work of the human rights section of the UN Mission;
• the initiatives taken by the government and civil society, in concert with the international community, to prepare for the early establishment of an effectively functioning Truth and Reconciliation Commission;
• the steps taken by the government and civil society, in concert with the international community, to build the human rights infrastructure in the country, including the establishment of an independent statutory National Human Rights Commission;
• the draft agreement between the Secretary-General and the government for the creation of an independent Special Court, stressing the need to ensure cooperation between the Special Court and the Truth and Reconciliation Commission and to ensure that a gender perspective is integrated into the work of the both entities;
• the work done by the National Commission on Disarmament, Demobilization and Reintegration, together with participating agencies, in facilitating measures that will help end the conflict and bring about the processes of reintegration and reconciliation within society;
• the continuing implementation of the Sierra Leone Human Rights Manifesto of June 1999 by the government, the National Commission for Democracy and Human Rights and others;
• the human rights training, including specialized gender and child rights training, provided to national human rights monitors, police officers and military personnel of the UN Mission;
• the continued deployment of child protection advisers within the UN Mission, noting the recent release of children from detention;
• the government's signing of the Optional Protocols to the Convention on the Rights of the Child and the commitment by the army prohibiting the recruitment and use of child soldiers.

Grave concern was expressed by the Commission at, inter alia:

• abuses of human rights and international humanitarian law that have been committed by the RUF and others, including other armed groups; the targeting and abuse of women and girls that have been committed by the RUF and others;
• the continued slow pace of the disarmament, demobilization and reintegration programme, and the continuing trafficking and illegal supply of small arms and related material as well as the continued retention by certain ex-combatants of heavy weapons;
• the dire humanitarian situation affecting the population, including refugees and internally displaced persons;
• the failure of the RUF to meet its obligations under the Lomé and Abuja Agreements, in particular those that would ensure the free movement of persons and goods throughout the country and allow the unimpeded movement of humanitarian agencies.

The Commission also:

• deplored the detention of, and attacks on, the UN Mission and humanitarian personnel by the RUF and other rebel forces;
• expressed concern at the recruitment and continuing victimization and use of child combatants by the RUF and others, as well as the obstacles to the disarming, demobilization and reintegration of child combatants; reiterated its call for the cessation of the recruitment and use of children as combatants contrary to international standards;
• deplored the ongoing atrocities committed by the rebels and called for an end to all such acts and reiterated its call for the cessation of all attacks on civilians;
• demanded that the RUF fulfil all of its commitments under the Abuja Agreement and called upon all parties to the conflict to intensify their efforts towards the full and peaceful implementation of the Abuja Agreement and the resumption of the peace process.

The Commission urged all parties to the conflict:

• to respect human rights and international humanitarian law, including the human rights and welfare of women and children;
• to provide full and unconditional cooperation with the UN Mission, including the human rights section of the Mission, and unconditional access for the Mission throughout the country;
• to work together to ensure full and early disarming of combatants in all areas, and to give special attention to child combatants in the disarming, demobilization and reintegration process;
• to ensure safe and unhindered access to all affected populations in accordance with international humanitarian law and to respect fully the status of UN and associated personnel;
• to cooperate with the Special Court once established.

The Commission also urged all relevant parties in the country and in the region to ensure full respect for human rights and fundamental freedoms in, and the civilian character of, refugee and internally displaced persons' camps, and to work towards the establishment of conditions that would permit the safe and voluntary return of affected populations to their homes.

The Commission called upon the government, inter alia:

• to continue to work closely and to strengthen its cooperation in the area of human rights with the UN Mission and the OHCHR;
• to respond positively to the requests of the Special Rapporteurs on violence against women and on extrajudicial, summary or arbitrary executions to visit the country;
• to ensure the effective functioning of the Truth and Reconciliation Commission in order to address the question of violations of human rights and international humanitarian law since the beginning of the conflict in 1991;
• to give priority attention to the special needs of all mutilated victims and of women and children in its care;
• to work to restore civil authority by providing basic public and social services, including security and the administration of justice, in areas where the UN Mission is deployed;
• to encourage the cooperation of civil society in the establishment and functioning of the Special Court.

The Commission also:

• reiterated its call upon the government to investigate reports of human rights violations and abuses and to end impunity;
• requested that the Secretary-General and the High Commissioner respond favourably to any requests from the government for assistance with its investigation of reports of human rights abuses;
• requested that the international community support and/or provide funds related to the strengthening of the courts and judicial system, in particular the juvenile justice system, the creation of the National Human Rights Commission, the establishment and maintenance of the Special Court, the full integration of the human rights section into the UN Mission, NGOs and other groups doing human rights work in the country;
• requested the High Commissioner to report to the 2001 session of the General Assembly and to the 2002 session of the Commission on the human rights situation in Sierra Leone, including with reference to reports from the UN Mission.

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