Sierra Leone

Draft is simple and comprehensive, containing most of human rights defenders’ rights and state obligations enshrined in the Model Law. Protection Mechanism is broadly established with clear purposes.

The Human Rights Defenders Bill 2017

Type of instrument: Law and Protection Mechanism
Status: (as of 1 January 2022)
In Progress; In discussion between civil society and Ministry of Justice (not yet presented to Parliament).

Comments on the instrument:
The draft law is simple and comprehensive, containing most of the rights for human rights defenders and state obligations enshrined in the Model Law. It is one of the only analysed laws that explicitly considers the right to privacy. However, other important rights are missing, including the right to freedom from stigmatisation and defamation. The Protection Mechanism is broadly established with clear purposes. Some provisions in the Model Law are missing (such as on personal data protection). These could be incorporated into strengthened drafts to be submitted. The current draft has grammatical errors which cause confusion.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
Potentially. Part III, Section 7 ‘Limitations on the rights of human rights defenders’ indicates in number XIII that human rights defenders are to present annual reports to the NHRI, which is an existing requirement of the law governing NGOs, and is complex for human rights defenders not associated with an NGO.

Comparison to the Model Law

Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Sierra Leone, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument .

Provision	Covered?	Analysis / articles
Definition of Human Rights Defender	FULL	Part I
Right to promote and protect human rights and fundamental freedoms	FULL	Part II, Section 1, I. Part V, Section 22, XLV(a)
Right to Form Groups, Associations, and Organisations	FULL	Part II, Section 1, IIi.
Right to Solicit, Receive and Utilise Resources	FULL	Part II, Section 5, IX
Right to freedom of expression and to seek, receive and disseminate Information	FULL	Part II, Section 2, IV. Part II, Section 3
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations	FULL	Part II, Section 1 Part II, Section 2, VI
Right to participate in public affairs	PART	Part II, Sections 1, 2 & 3, i, II, IV a), VII
Right to Peaceful Assembly	FULL	Part II, Section 1, II.
Right to represent and advocate	PART	Part II, Sections 1 & 2, I, II, VI.
Right to freedom of movement	NONE
Right to Privacy	FULL	Part II, Section 4, VIII Part IV, Section 10
Freedom from intimidation or reprisal	FULL	Part II, Section 3, VII. Part IV, Section 11, XIX
Freedom from defamation and stigmatisation	PART	Part I, Section I, ‘intimidation or reprisal’; Part IV, Section 9, XV d)

State obligations regarding human rights defenders in the instrument?

Provision	Covered?	Analysis / articles
Obligation to respect, promote, protect and fulfil rights of human rights defenders	FULL	Part II, Section 6, X Part IV, Section 8, XIV Part IV, Section 15
Obligation to facilitate the activities and work of human rights defenders	FULL	Part IV, Section 8, XIV, c) Part IV, Section 9 Part IV, Section 15
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	Part IV, Section 11 Part IV, Section 12, XX
Obligation to investigate, provide an effective remedy and ensure reparation	FULL	Part IV, Section 11, XIX Part IV, Sections 13 & 14, XXI-XXV

Mechanism on the protection of human rights defenders established in the instrument?
Yes, through Part V, Section 16.

Provision	Covered?	Articles
Cooperation with human rights defenders, civil society, and national and international human rights bodies	FULL	Part V, Sections 17, 18 & 19, XXXIV(b)&(j), XXXV, XXXVI
Training of mechanism’s personnel on human rights and fundamental freedoms	PART	Part V, Section 16, XXIX
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism	FULL	Part V, Section 17, XXXV
Resources for adequate functioning of the Mechanism / transparency on resource usage	FULL	Part V, Section 20
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)	FULL	Part V, Section 17, XXXIII(e), XXXIV(i)
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	FULL	Part V, Section 17, XXXIV (h)
Development of protocols and guidelines based on best practices to protect human rights defenders	FULL	Part V, Section 17, XXXIV (c)
Assist investigations for prosecuting offences against human rights defenders	FULL	Part V, Section 17, XXXIII(c)&(d), XXXIV(e)
Granting of protective measures based off a specific risk assessment	FULL	Part V, Section 17, XXXIII(a)&(b), XXXIV(a), (d), (f)
Review / appeal of Mechanism decision before courts or independent authority	NONE
Confidentiality and personal data protection	NONE
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	PART	Part V, Section 17, XXXIV (g)

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Human Rights Defenders Bill 2017