By Hasbin shaw in Freetown, Sierra Leone
The Human Rights Defenders Network Sierra Leone (HRDN-SL), a coalition of civil society organizations and individuals working in the field of Human Rights, said Thursday that the current plan by the Sierra Leone Police to “implement Elections Lockdown for National Security” during polling day undermines government’s commitment to international laws and obligations.
The Network made reference to the Universal Declaration on Human Rights Article 19, International Covenant on Civil and political Rights Article 19, African Charter on Human and peoples’ Rights Article 9, and chapter III of the 1991 Constitution of Sierra Leone, major charters violated by the police pronouncement.
The Network noted with serious concerns that “the Elections Day Lockdown” is in gross violation of international Human Rights Law – International Covenant on Civil and Political Rights (ICCPR) guaranteeing free movement of citizens on elections day.
The Network opined that the reasons for the “Elections Day Lockdown” by the Sierra Leone Police are not justifiable under the Siracusa Principles that guide derogations of civil and political rights, which include the freedom of movement guaranteed under the ICCPR of which Sierra Leone is a signatory.
Siracusa Principles restrictions on civil and political rights include the freedom of movement on grounds of national security and should be guided by conditions expressed in section 29, 30 and 31.
Section 29 says national security may be invoked to justify measures limiting certain rights only when they are taken to protect the existence of the nation or its territorial integrity or political independence against force or threat of force:
According to Section 30, national security cannot be used as a pretext for imposing vague or arbitrary limitations and may only be invoke when there exist adequate safe
“Imposing Election Day Lockdown without respect to national and international laws, concerns of political parties and the voting population would seem to suggest that the Sierra Leone Police are not committed to a Free and Fair elections come March 7, 2018,” the protocol said.
“We object in totality the Sierra Leone Police Elections Day Lockdown which does not respect the rights of the citizens as enshrined in sections 5 and 18 of the 1991 Constitution of Sierra Leone and other international laws to which Sierra Leone is obligated,” say the human rights defenders, “this action would not only disenfranchised citizens’ rights to vote but also their right to free movement.”
“Our premises for the objection are that, the Sierra Leone Police did not provide sufficient reasons to justify their action as the country is not at war or under a State of Emergency; the election day is like any other day, restricting peoples’ and vehicular movement suggest that the Sierra Leone Police are instilling fear in their minds of the citizens…” the group noted.
The human rights defenders also said that the police is “causing panic to the voting population, especially women, the aged and disable; the citizens including commercial and private vehicles have the rights to freely move within and outside the country on election day; the elections day lockdown is not a best practice of policing during poling day; and election day lockdown is not justifiable under the 1991 national constitution of Sierra Leone regional and international laws.”
The Deputy Inspector General of Police, Al-sheik Kamara said earlier that the ban on unaccredited vehicles is based on public order and public safety. He said the police acted within the law. He said the ban only covers western area. He said the police would mount checkpoint on polling day to enforce the ban.
The ban covers unaccredited private, government and commercial vehicles, motorcycles, tricycles (kekehs) and motorized boats, dugouts canoes and non-motorized speedboats among others.
