Sierra Leone: Parliament Endorses Sweeping Anti-Democratic Law to Silence Critics

By Chernoh Alpha M. Bah, Matthew Anderson, and Mark Feldman

In a shocking move, Sierra Leonean politicians have created a new anti-terrorism law that contains unconstitutional provisions designed to curtail citizens’ fundamental civil rights. The proposed legislation will be voted into law on Thursday morning (January 23), without any of the usual public consultation and debate.

The Counter Terrorism Act 2024 was introduced in the Sierra Leone Parliament a few days ago. Members of Parliament have already endorsed the first and second reading of the Bill without any debate. At this juncture, the majority of Sierra Leoneans have not seen or heard of the proposed legislation or its deep implications for their freedoms.

The legislation contains clauses that violate the 1991 Constitution of Sierra Leone, which guaranteed fundamental rights to all citizens.

Among its many anti-democratic and draconian provisions, the proposed law seeks to criminalize all opposition and dissent against state policies and practices, and it also accords the state absolute power to designate any individual or group  “a terrorist individual or entity.”

Once enacted, the law would criminalize free speech and expression in any way it deems appropriate. It also gives the state authority to designate any published material, including media, books, pamphlets, video, and audio content as “acts of terrorism” if the state suspects or believes that the published material directly or indirectly constitutes activities, views, and opinions that would incite or instigate an individual or group to commit a “terrorist act.” To be clear, this law would mean that the state itself decides what material is seditious or criminal, including any speech or writing that criticizes the state itself (such as this article).

The long list of “terrorist offenses” the law seeks to prosecute include, among other things, “any acts of violence or threat of violence…in furtherance of a political, ideological, economic, or religious belief.” The law describes such “violence” to include any activity that the state believes or suspects will “put the public or section of the public in fear” and anything else that “causes serious bodily harm to a person, or serious damage to property.” Such acts could include citizen complaints against commodity prices or the behavior of a civil servant in accepting a bribe.

The most contentious provisions of the Counter Terrorism Act 2024, embedded in Parts V to  VII, encompass “insulting conduct” and “disorderly behavior”- as interpreted by authorities – which would previously have been considered minor offenses into acts of terrorism.  At the heart of the legislation’s anti-democratic undertones is the state’s aspiration to proscribe the civil liberties and fundamental rights of all citizens considered dissidents or opponents to its policies and style of governance. The law explicitly curtails and criminalizes free speech, academic freedom, freedom of expression, the right to conscience, right to democratic association, freedom of movement, and the right to own property.

In Clause 21(1), for instance, the law prohibits the publication, sale, distribution, circulation, reading, and lending of any publication that the state believes would potentially “provide encouragement or other inducement for the instigation, preparation, or commission of an act of terrorism.” It also prohibits any person or institution from providing  “service that enables anyone to obtain, read, listen, or look at a publication” that the state suspects or believes would, directly or indirectly, encourage other individuals or groups to commit a “terrorist act.” These prohibitions could include the act of reading this article, if so deemed by a designated cabinet member or civil servant.

In Clause 22(1), this law considers it a “terrorist act” for a citizen of Sierra Leone to participate in free speech that questions government.

In addition to its anti-democratic provisions, the law also accords cabinet ministers and civil servants enormous policing and law enforcement powers. It proposes the setting up of three new law-enforcement structures: two National Counter Terrorism Committees with a Counter Terrorism Fusion Center; all to be jointly staffed and managed by ministers, bankers, and security sector workers.

The law does not clearly propose how these new structures would be paid for. What we know right now is that the new law places the Vice President and 14 other officials, including 8 cabinet ministers and 6 other civil servants, in charge of the state’s counter terrorism program. The proposed cabinet ministers and ancillary officials include the chief minister, minister of defense, minister of foreign affairs, minister of local government, attorney general and minister of justice, minister of information and civic education, national security coordinator, chief of defense staff, inspector general of police, director general of central intelligence, central bank governor, and the chief of staff of the Office of National Security.

The power of this group is substantial. It will have the ability to impose sanctions, ranging from life imprisonment to between 30 and 7 years jail time for related offenses, for being directly or indirectly related to a designated “terrorist group or person.” Under this law, the government could use terrorism as an excuse to seize property and assets of alleged terrorists and their relatives.

On the whole, the proposed legislation contradicts the 1991 Sierra Leone Constitution, especially provisions relating to civil liberties and fundamental rights, including the existence of a free press. Chapter 3, Sections 15–30 of the 1991 Constitution of Sierra Leone makes freedom of the press an entrenched part of the constitution; protecting citizens against violations of their fundamental human rights, including freedom of expression, freedom of conscience, and freedom of assembly.

Few Sierra Leoneans are aware of this pending law. “We’re surprised that such a law with such sweeping powers against civil liberties and multiparty politics would be enacted in this country without public consultation and debate,” Micheal Berewa said, adding that “governments must not make laws that injure civil liberties without the knowledge of the people for whom such laws are being made.”

Some believe that the rush to pass a new anti-terrorism law in Sierra Leone is aimed directly at a few journalists and academics, including staff of the Africanist Press. For five years now, Sierra Leone’s Office of National Security (ONS) has tried to criminalize the Africanist Press, describing  its investigative publications on financial crimes and corruption in Sierra Leone as “threat to national security.”  But beyond  Africanist Press, the law could also be used widely against any of Bio’s political enemies.

However, many observers in Sierra Leone believe that Maada Bio’s new anti-terrorism law is part of drastic shift in policy designed to realign the country’s domestic and foreign policies. Few weeks ago, Bio’s administration similarly tried to hurriedly pass an Abortion Bill in  Parliament, also without public consultation and input. The Abortion legislation was stopped halfway through Parliament by protests from religious leaders and other activists, citing lack of consultation and debate.

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