[First published on www.politicosl.com] Female lawyers of Sierra Leone have
expressed support for calls for an abortion law, urging the government to pass
a revised version of the controversial new abortion Act.
In a statement marking International
Women’s Day, the umbrella body representing the country’s female lawyers, the
Legal Access through Women Yearning for Equality, Rights and Social Justice
(LAWYERS), proffers some recommendations to be included in the Safe Abortion
Act 2016 and make it acceptable by all.
The new Act, which is currently
stuck on the desk of President Ernest Bai Koroma, seeks to decriminalize
abortion so that deaths and injuries due to unsafe abortion could be stopped.
But it has faced strong opposition from religious leaders who cite moral
considerations.
In their statement ahead of the
commemoration on Tuesday March 8, the women lawyers said the abortion law will
protect and enhance women’s reproductive health rights and that the Sierra
Leone government was obliged to fulfill its commitment to international
treaties it is party to.
“Sierra Leone has taken laudable
steps to reduce preventable maternal deaths during pregnancy over the last few
years. However, the country still has one of the highest maternal mortality
rates in the world [1, 360 deaths per 100, 000 live births, according to WHO],”
the statement reads in part.
The current law on abortion was
passed in 1861 by the British colonial masters. It totally prohibits abortion,
and LAWYERS said it is in direct conflict with the international and regional
commitments the country is party to, notably the recently ratified Protocol to
the African Charter and Humans and Peoples Rights, also known as the Maputo
Protocol.
A notable provision within the
Maputo Protocol is that signatory states must take all appropriate measures to
protect the reproductive rights of women and girls.
Such measures include providing
access to abortion in cases of sexual assault, rape, incest, as well as
pregnancies that threaten the mental and physical health and life of a female,
LAWYERS said.
The new abortion law was resent to
parliament in January after President Koroma refused to sign it into law
following protests by the Inter Religious Council. Back then he urged the
lawmakers, who had passed the bill earlier in December, to re-engage with the
opposing sides.
This year’s International Women’s
Day was celebrated on the theme: “Pledge for Parity.”
LAWYERS is a professional
organization of female lawyers and it campaigns for the promotion and
protection of the rights of women and girls. Among other things, it provides
free legal services to vulnerable members of society.
The Safe Abortion Act sharply
divided Sierra Leone and to a large extent this has been due to a general
perception that it makes abortion free for all. This notion is perpetuated
particularly by a section which makes abortion unconditionally free for the
first 12 weeks. Even among those who support the enactment of a new abortion
law, there is division over this.
LAWYERS is recommending that
abortion in this case be carried out only in cases of rape, incest or risk to
health and life of the mother of foetus. It also called for appropriate
training alongside World Health Organization standards to be provided for
nurses and midwives to enable them provide abortion services in the absence of
gynecologists.
Pro-life campaigners have argued
that Sierra Leone wasn’t ready for an abortion law because it didn’t have the
right medical facilities and expertise in place. But there have been a counter
argument that without a gynecologist lower level medical practitioners like
nurses and midwives could be trained to provide the services.
LAWYERS recommends that the Act
places mandatory regulatory responsibilities on not just the Medical and Dental
Council, but also on the regulatory bodies of nurses and community health
officers.
(C) Politico 09/03/16
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