The Parliament of Sierra Leone on the 2nd July, 2015, after a marathon debate has unanimously ratified a Government Motion on the African Union Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, dated 11th July, 2003..
In presenting the Protocol to the House, prior to ratification (while both lower and upper galleries in the Chamber were filled to capacity with concerned women), the Minister for Social Welfare, Gender and Children’s Affairs, Mr. Moijueh Kaikai, said that Sierra Leone is yet to ratify the Protocol since it was signed on the 11th July, 2003, 12 years ago. He furthered that most of the Articles in the Protocol are provided for in the 1991 Constitution of Sierra Leone, and are also contained in the policies and programmes of the Agenda for Prosperity (AfP), like Pillars 6 and 8. He also said that most of the provisions in the Articles have already been domesticated, citing the passage of the Child Rights Act, the Convention on the Rights of the Child, CEDAW, the Sexual Offences Act of 2012 amongst others.
He enumerated some of the benefits relating to women’s rights and empowerment such as education, non discrimination, violence, access to justice, participation in all levels of governance, marriages, abortion, property rights amongst others which are complementary to our existing laws. He apprised MPs that this Protocol had been discussed and concluded in Cabinet with reservations, cognizant of our cultural practices on female circumcision that children should not be initiated until they are 18, the age of self-determination and consent.
Earlier, women observers attempted to leave the Galleries in protest when somebody mischievously rumored to them that the House was going to debate and ban the “Bondo Society” in the country.
The Minister however told the audience in Krio that “we mama en sowei mamie dem, we nor cam ya for ban bondo biznes”; whilst he noted the recognition and preservation of civil, Muslim, and Christian marriages in the country.
Hon. Josephine Emma Kowa said that the Protocol had come and gone out of Parliament, and hoped that this time it would be ratified by the House as it is dealing with issues relating to the advancement of women and children. She also said that the ratification of the Protocol would strengthen the laws that have already been passed by Parliament to protect women from rape, and any other form of violence against women.
Hon. Jariatu K. Smith
Hon. Jariatu K. Smith speaking on Article 4 of the Protocol said that a rehabilitation centre should be built for women who had been raped. She also spoke about human trafficking in Kuwait of which Sierra Leoneans are victims of sexual slavery, and low pay, urging the Foreign Ministry to intervene as slavery had been abolished long ago..
Hon. Dr. Bernadette Lahai
Hon. Smith assured the Galleries that the House was not discussing the ban of the “BONDO SOCIETY”, a cultural practice which some of them had gone through, and called for it to be maintained, whilst saying that circumcision below 18 should be criminalized. She also said that certain abortions are necessary on the grounds of rape, and proven medical conditions.
Hon. Umar Paran Tarawally recognized the Galleries for experiencing the debate physically and emotionally on the ratification of the Maputo Protocol which is pegged on their lives and welfare. He said that it behooves Parliament to ratify the Protocol as Sierra Leone is the last of the 16-Countries in West Africa to do so. He said that the ratification of the Protocol would reinforce our domestic legislations, and provide our women with food, shelter, education, rights of the widow, and protection of elderly women.
Hon. Paran Tarawally posited that he is not against the “Bondo Society”, but that he is opposed to the “cutting” which should be abolished. He said that the Protocol could be reviewed after it had been ratified.
Hon. Ajibola Manly-Spain said that the Protocol was signed in 2003, and that it should be ratified for good reasons that are not in conflict with our laws. He said further that the benefits of ratifying the Protocol far outweigh those that will be taken from our women. On the reservations relating to FGM, type of marriage, and reproductive health, he noted that no provision in the Protocol would affect favourable legislations of State Parties. He stated that the reservations in Articles 5, 6, and 14 can be overcome by our domestic legislations. He referenced the 3 Gender Acts that had been passed, including the Sexual Offences Act, 2012 which aims at protecting and developing the women of Sierra Leone. He also said that men are not going to lose ground on the ratification of the Protocol as it is aimed at producing enlightened women for the development of the country...
Hon. Moiwa Momoh told the House that he was part of a delegation to Geneva where they deliberated on the need for the ratification of the Maputo Protocol. He said that he informed the delegation that Parliament cannot ratify what was not before the House. He said Article 14 which deals with child bearing, is cherished in Africa and should not be determined by the woman alone whether to give birth or not; whilst noting that the Protocol gives prominence to Western culture over the African’s. He also said that the Protocol is long overdue for ratification, and it does not have any intention to ban the “Bondo Society” that should now be decided on when the child has reached the age of consent..
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