By Beny Sam
For over sixty years, Sierra Leoneans have been clamouring for a transformative shift in their country’s socio-political landscape, but what they’ve often received is disappointment. Although there have been moments of optimism in recent years, the promised change remains elusive. With the end of the previous administration, hopes dimmed, but the current administration is making a concerted effort to reignite progress. The key question now is whether these renewed efforts will lead to lasting, transformative development.
A few years ago, a distinguished legal expert shared a crucial insight at a governance workshop, noting that most laws become outdated within twenty years of their enactment. By this standard, our laws, including the 1991 Constitution, are long overdue for revision or replacement.
Expectations were high when President Bio, in his first State Opening of Parliament Address, spoke about reviewing laws to better align with contemporary needs. However, six years later, the long-awaited new constitution still seems out of reach. While President Bio’s administration has enacted significant laws, the constitution remains the supreme framework guiding all other laws. It is crucial not to waste time on minor issues while ignoring the foundational problems.
The Truth and Reconciliation Commission (TRC) identified “bad governance” as a key factor in the devastating rebel conflict. The TRC report called for substantial reforms to ensure justice, fair competition in politics, and equitable resource distribution. Strengthening and building functional institutions for these purposes is essential.
To achieve real change, we must embrace new approaches rather than relying on outdated strategies that perpetuate the same problems. The current governance challenges will not be resolved transformatively without a thorough re-examination of our National Constitution and the creation of a people-friendly White Paper.
During President Koroma’s tenure, a Constitution Review Committee, led by the late Justice Cowan, was established in 2015. This broad-based committee, with nearly 90 members from various sectors, submitted its report after three years. The White Paper released towards the end of Koroma’s second term accepted only 22 out of approximately 130 recommendations, notably rejecting those that could have led to significant governance improvements.
In 2018, President Bio’s administration reviewed the Cowan report and the White Paper under pressure from civil society. Unfortunately, this new White Paper accepted only 40 recommendations, again overlooking many people-friendly proposals. Thus, after nine years and considerable expenditure, the constitution review process has largely failed to meet its objectives.
The CRC Report offered promising recommendations, particularly regarding local governance. One notable proposal was to conduct local council elections on a non-partisan basis and to extend the term of office for councillors to five years, aligning with that of parliamentarians. This approach is sensible given the resource and security implications.
The 1991 Constitution, inherited from an era of authoritarian rule, still embodies vestiges of dictatorial governance. The concentration of power in the presidency and top state actors has led to inefficiencies and conflicts, exemplified by historical incidents like the closure of opposition radio stations.
Today, partisan radio and television stations operate with impunity, spreading divisive content. The Constitution’s provision for the Police Board, chaired by the Vice President and consisting largely of government appointees, reflects a problematic loyalty that hampers effective governance and security.
Revising our constitution is a complex task, far beyond merely allocating resources. Effective governance and accountability require a comprehensive review of the root causes of injustice. As we grapple with the challenges of a 33-year-old constitution, it is imperative to scrutinize and reform our foundational laws decisively. The question remains: who truly cares about a new constitution?
