AdvocAid: Freetown, 7 November 2024: In a landmark judgment, the Economic Community of West African States (ECOWAS) Community Court of Justice has ruled in favour of AdvocAid in a case filed against the Republic of Sierra Leone. The case challenged Sierra Leone’s discriminatory loitering laws, which AdvocAid argued unjustly targets the poor and vulnerable and violates fundamental human rights.
The Court ruled that Sierra Leone’s loitering laws violate rights to equality, non-discrimination, and freedom of movement, disproportionately impacting marginalised individuals. Under the Public Order Act of 1964 and the Summary Conviction Offences Ordinance of 1906, individuals can be arrested based on subjective police assessments, often resulting in arbitrary detentions of low-income individuals. AdvocAid also highlighted egregious abuses faced by women, who reported being coerced into non-consensual sex by officers if they couldn’t pay bribes. The Court’s judgment ordered Sierra Leone to amend or repeal these laws, emphasising the need for legislation that protects all citizens from arbitrary arrests and abuse.
This ruling sets a crucial legal precedent across Africa, urging countries to review and reform colonial-era laws that perpetuate inequality and criminalise poverty. The ECOWAS Court’s decision sends a clear message that laws targeting society’s most vulnerable must be updated to protect human rights.
“We are grateful to the ECOWAS Court for recognising the harm caused by Sierra Leone’s discriminatory loitering laws,” said Ms. Alison French, Executive Director, AdvocAid. “This judgment is a significant step toward protecting the human rights of vulnerable members of our society, particularly women, who have been subjected to abuse and exploitation due to these laws.”
AdvocAid and the Institute for Human Rights and Development in Africa (IHRDA), which provided legal support to AdvocAid in this case, also express their sincere gratitude to the Campaign to Decriminalise Poverty and Status, whose tremendous support and commitment have been instrumental in the success of this case. “The Campaign to Decriminalise Poverty and Status has been unwavering in its efforts to challenge laws that criminalise poverty, shining a spotlight on how these laws harm the most vulnerable,” added IHRDA’s Executive Director, Dr. Musa Kika. “Their work has been crucial in advocating for systemic change and promoting the rights of the poor and marginalised in Sierra Leone and beyond.”
AdvocAid and IHRDA also thank Amnesty International, Consortium for Street Children, and the Southern Africa Litigation Centre, who served as amicus curiae. Their contributions and expertise reinforced the case’s significance, stressing the importance of protecting the rights of marginalized individuals.
Eleanor Thompson, the legal counsel who represented AdvocAid in the case before the ECOWAS Court, added, “The decision underscores the need for legal frameworks that protect—not criminalise—people based on their socio-economic status or location. It is a victory for the dignity and rights of Sierra Leone’s most marginalised citizens.”
AdvocAid and IHRDA call on the Government of Sierra Leone to respect the ECOWAS Court’s ruling by urgently amending its loitering laws and addressing the rights violations highlighted in the case.
For more information or media inquiries, please contact:
For AdvocAid: Juliet Mamawa Kaikai | Legal Manager. Email: legal.manager@advocaidsl.org
For IHRDA: Dr. Chipo Irene Rushwaya | Senior Legal Officer. Email: crushwaya@ihrda.org
