The Secretary
African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District
Western Region P.O. Box 673 Banjul
Kairaba Avenue
Banjul
The Gambia
COMMUNICATION
Pursuant to Articles 55, 56 and 58 of the African Charter on Human and Peoples Rights;
Regarding the actions of the Sierra Leone Government, a member state of the African Unity and a state party to the African Charter on Human and Peoples Rights, having ratified the Charter on 21st of September 1983;
Involving the widespread and systematic land grab, contamination of water and air; the deprivation of food sources; and the climate of terror, fear and intimidation that has been visited upon the Malen Land Owners Association (MALOA) communities in violation of their rights to housing, food, health and a healthy environment;
Alleging violations of Articles 2, 4, 14, 16, 18, 21, and 24 of the African Charter, in addition to violations of corresponding provisions of the:
- Universal Declaration of Human Rights (UDHR) U.N. Doc. A/810, 71 (1948)
- the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD), U.N.T.S. 195 (1966) (ratified by Sierra Leone, 02/08/67)
- International Covenant on Economic, Social and Cultural Rights (ICESCR), U.N. Doc. A/6316 (1966) (ratified by Sierra Leone, 23/08/96)
- International Convention on the Rights of the Child (CRC), U.N. Doc. A/RES/44/25, 1989 (ratified by Sierra Leone, 18/06/90);
- Convention on the Elimination of All Forms of Discrimination Against Women, U.N. Doc. A/RES/34/180 (1980) (ratified by 21/09/98)
Seeking consideration of the communication by the African Commission on Human and Peoples Rights under Articles 55 and 56, and special attention by the Assembly of Heads of State and Government of the A.U. and an in-depth study by the African Commission pursuant to Article 58, based on the “series of serious” and “massive” violations alleged;
Noting that domestic remedies do not bar the communication but because of the futility of legal system in Sierra Leone in addressing human rights violations resulting from the operation of Multinational Corporation. However the Constitution of Sierra Leone establish jurisdiction of the courts to entertain human rights cases.
Brought by the Human Rights Defenders Network – Sierra Leone, a non-governmental, nonpartisan and voluntary civil society organisation concerned with the promotion and protection of human rights defenders in Sierra Leone, and The West Africa Human Rights Defenders Network, a coalition of non-governmental organization dedicated to the promotion and protection of human rights defenders in West Africa.
Signed,
Alphonsus B.M. GBANIE Abdoul Gadiry DIALLO
Executive Secretary Coordinator
Human Rights Defenders Network-SL West African Human Rights Defenders Network
145 Circular Road Regional Secretariat 14BP:152
Freetown Lomé
Sierra Leone Togo
Email: info@hrdn-sl.org/abmgbanie@hrdn-sl.org E-mail: roaddh@gmail.com
Tel: +232 78 213688/+232 77 398 893 Tel. +228 22 20 12 38
Date: 25th August 2016 Date: 25th August 2016