The Human Rights Commission of Sierra Leone (HRCSL) officially submitted its Position Paper on the Constitution of Sierra Leone (Amendment) Bill, 2025 to Parliament. The submission follows a statement issued by the HRCSL on June 9, 2026, outlining its stance on the proposed legislation.
The Position Paper was formally signed by Victor Idrissa Lansana Esq. Who serves as the Vice Chairperson and Commissioner for the Oversight Directorate of Treaty Body and International Mechanisms. He signed the document on behalf of the entire Human Rights Commission of Sierra Leone, conveying the institution's collective recommendations regarding the Bill to the national legislative body.
Mandate and International Framework
The Human Rights Commission of Sierra Leone (HRCSL) operates under the Human Rights Commission of Sierra Leone Act, 2004, which established the institution. A core statutory responsibility of the HRCSL involves advising the Government on draft legislation that has implications for human rights. In its Position Paper, the HRCSL emphasized Sierra Leone’s commitments under various international and regional human rights instruments. These obligations include adherence to the principles outlined in the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Democracy, Elections and Governance. The Commission's recommendations aim to ensure the proposed electoral justice bill aligns with these established international standards and the nation's legal framework.
Key Recommendations for Electoral Fairness
The Human Rights Commission of Sierra Leone (HRCSL) expressed its support for the proposed establishment of a Search and Nomination Committee, which would oversee the appointment process for Electoral Commissioners. However, the HRCSL recommended that the members of this Search and Nomination Committee should be appointed directly by their respective institutions, rather than by the President. Additionally, the Commission proposed an amendment to guarantee that Electoral Commissioners appointed before reaching the mandatory retirement age of 65 would be able to complete their full terms in office.
The HRCSL also welcomed measures within the Bill aimed at enhancing the participation of women. These provisions align with Sierra Leone’s obligations under various international and regional human rights instruments, the Universal Periodic Review recommendations, and the Gender Equality and Women’s Empowerment Act, 2022. The Commission further praised the Bill for formally recognizing independent presidential candidates.
Despite this recognition, the HRCSL voiced concern regarding the Bill's requirement for independent candidates to demonstrate "sufficient financial capacity." The Commission stated that this particular requirement is potentially exclusionary and discriminatory. Consequently, the HRCSL recommended the removal of the "sufficient financial capacity" requirement for independent candidates. Instead, the Commission advised that independent candidates should be subject only to the same nomination fees that are applicable to candidates sponsored by political parties.
Proposed Amendments to Election Procedures
The Human Rights Commission of Sierra Leone (HRCSL) recommended a reduction in the proposed district threshold for presidential elections, suggesting it be lowered from 20 percent to 15 percent. The Commission also advised extending the period for filing presidential election petitions before the Supreme Court. Under their proposal, this timeframe would increase from the current three days to 14 calendar days.
The HRCSL proposed introducing a new 14-day petition period specifically for challenges following the outcome of any presidential run-off election. Regarding the transition of power, the Commission recommended that the Constitution should mandate a President-elect to be inaugurated within 90 days after being officially declared the winner of a presidential election. These recommendations aim to refine various procedural aspects of the electoral process in Sierra Leone.
Addressing Governance and Accountability
The Human Rights Commission of Sierra Leone (HRCSL) urged Parliament to remove a provision from the Constitution of Sierra Leone (Amendment) Bill, 2025. This provision states that "loss of party membership alone" should not constitute grounds for the removal of the President and Vice President from office. The Commission also proposed a change to Section 76 of the Bill. The HRCSL recommended replacing the phrase "any other offence" with "summary offences" that carry a minimum punishment of 12 months' imprisonment. These proposed changes aim to refine the legal framework concerning high officeholders and specific criminal offenses.