As Parliament continues deliberations on the Constitution of Sierra Leone (Amendment) Bill, 2025, the Human Rights Commission of Sierra Leone (HRCSL) has presented an extensive set of recommendations aimed at ensuring the proposed reforms strengthen democratic governance, protect fundamental human rights, and reinforce public confidence in the country’s electoral and constitutional systems.
The Commission’s Position Paper, formally submitted to Parliament on 9 June 2026, reflects its constitutional and statutory responsibility as Sierra Leone’s National Human Rights Institution. Established under the Human Rights Commission Act No. 9 of 2004, HRCSL is mandated to advise the Government and Parliament on legislative proposals that have implications for human rights and constitutional governance.
In its submission, the Commission welcomed many of the proposed amendments, describing them as significant steps toward improving transparency, accountability, political participation, and electoral integrity. However, it also urged lawmakers to refine several provisions to ensure they fully comply with both domestic constitutional principles and Sierra Leone’s international human rights commitments.
According to HRCSL, constitutional reforms should not only address immediate political concerns but also establish enduring legal safeguards capable of strengthening democratic institutions for future generations. The Commission emphasized that every amendment should promote fairness, equality, inclusion, and the rule of law while preserving public trust in the country’s governance framework.
The Commission anchored many of its recommendations on international legal instruments to which Sierra Leone is a signatory. These include 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. Collectively, these instruments guarantee citizens’ rights to participate freely in public affairs, vote and be voted for, enjoy equal treatment before the law, and seek effective legal remedies when rights are violated.
One of the Commission’s major recommendations concerns the proposed Search and Nomination Committee responsible for selecting members of the Electoral Commission. While welcoming the introduction of such a committee, HRCSL argued that representatives serving on it should be nominated directly by their respective institutions rather than appointed by the President. The Commission believes this approach would enhance institutional independence, strengthen transparency, and improve public confidence in the appointment process.
HRCSL also addressed the tenure of Electoral Commission members. It recommended that commissioners who attain the mandatory retirement age of 65 during an approved term of office should be permitted to complete their tenure instead of vacating office immediately. According to the Commission, allowing commissioners to finish their terms would promote institutional continuity, preserve valuable experience, and prevent unnecessary disruptions within the country’s electoral management body.
On gender representation, the Commission strongly welcomed provisions that seek to enhance women’s participation in governance and public office. HRCSL observed that these measures are consistent with Sierra Leone’s commitments under international human rights conventions, recommendations accepted during the 2021 Universal Periodic Review (UPR), and the Gender Equality and Women’s Empowerment (GEWE) Act of 2022. It maintained that increasing women’s representation in decision-making institutions remains essential for achieving inclusive democratic governance.
The Commission equally expressed support for the Bill’s recognition of independent presidential candidates, describing the proposal as an important democratic advancement capable of expanding political participation beyond traditional party structures. Nevertheless, HRCSL raised concerns over the requirement that independent candidates demonstrate “sufficient financial capacity” before qualifying for nomination.
According to the Commission, such a requirement may unfairly disadvantage capable citizens with limited financial resources and could undermine equal political participation. It therefore recommended that independent candidates be subjected only to the same nomination fees and legal requirements applicable to candidates sponsored by registered political parties.
HRCSL also proposed changes to the presidential election threshold contained in the Bill. While the amendment seeks to reduce the likelihood of prolonged electoral disputes, the Commission argued that requiring a presidential candidate to secure at least 20 percent of votes in two-thirds of the country’s districts could still result in unnecessary run-off elections. It therefore recommended reducing that threshold to 15 percent while maintaining the overall majority vote requirement.
The Commission further called for more realistic timelines regarding election dispute resolution. It recommended extending the period for filing presidential election petitions before the Supreme Court from the proposed three days to 14 calendar days. HRCSL argued that three days do not provide sufficient time for candidates or their legal representatives to gather evidence, prepare documentation, and pursue judicial remedies effectively.
Similarly, the Commission proposed that petitions challenging the outcome of any presidential run-off election should also be allowed within a 14-day period to ensure equal access to justice and procedural fairness.
Another recommendation focused on presidential inauguration. HRCSL suggested that a President declared duly elected should be inaugurated within 90 days of the official declaration of results. According to the Commission, this timeframe would facilitate an orderly transfer of power, provide adequate preparation for the incoming administration, and contribute to political stability during transitions.
The Commission also commented on provisions dealing with the removal of a sitting President or Vice President from office. It recommended deleting the clause stating that the mere loss of party membership should not constitute grounds for removal. HRCSL argued that political party membership should not be singled out as a standalone constitutional consideration in determining whether a President or Vice President should remain in office.
Furthermore, HRCSL called for greater legal precision regarding disqualification provisions contained in the Bill. It proposed replacing the broad phrase “any other offence” with a more specific reference to “summary offences” punishable by a minimum sentence of 12 months. The Commission believes such clarification would reduce legal ambiguity and ensure greater certainty in interpreting constitutional qualifications and disqualifications.
Throughout its submission, HRCSL emphasized that constitutional amendments should strengthen democratic institutions, safeguard human rights, and reinforce public confidence in governance. It maintained that a transparent, inclusive, and rights-based constitutional framework remains fundamental to Sierra Leone’s democratic development.
The Commission concluded by commending the Office of the Attorney-General and Minister of Justice, together with all political parties represented in Parliament, for creating opportunities for public consultation and stakeholder engagement throughout the constitutional review process.
HRCSL expressed optimism that Parliament would give careful consideration to its recommendations before the Constitution of Sierra Leone (Amendment) Bill, 2025, is finally enacted. It noted that incorporating the proposed changes would further strengthen electoral justice, democratic accountability, constitutional governance, and the protection of fundamental human rights across Sierra Leone.