By Kemo Cham
[First published on Politicosl] By all indications Sierra Leoneans
are going to have to decide the fate of the proposed abortion law in a
referendum, according to information received by Politico.
According to aleaked official
StateHouse document,President Ernest Bai Koroma has decided not to append his
signature on a law he doesn’t think has any respect for the sanctity of life.
The President, according to the
document said in order for the Act tobecome law should be determined by the
people. Koroma also said he would hand-over the bill to the Constitutional
Review Committeeto includeit into its draft recommendations which are due to be
presented for the upcoming referendum.
But some pro-choice activists have
questioned the legality for such a move and the President’s ultimate intention.
The ‘Safe Abortion Act 2016’ seeks
to replace the pre-colonial 1861 English lawwhich criminalizes abortion. It was
first passed by parliament in December 2015 unanimously and sent to the
President’s office for his signature before tobecome law.But Koroma,back then
in January,
decided not to sign it after religious leaders prevailed on him. He
sent it back to parliament asking the House to engage in further
“consultations.”
Rival protests organized by
pro-choice and pro-life groups preceded meetings between lawmakers and
representatives of both sides of the debate, who presented position papers
arguing their points.
Parliament subsequently resent the
Act to the Presidentunamended, raising hopes of pro-choice campaigners of it
being signed into law.
To the surprise of many, however,
one month after the piece of legislation was last resent to him,President
Koroma came up with his referendum decision.
Proponents of the proposed law say
it iscrucial to reduce, if not prevent,hundreds of deaths annually due to
unsafe abortion.
Abortion, according to studies
supported by the Ministry of Health and Sanitation, accounts for a large
percentage of maternal deaths in the country which is currently ranked with the
highest maternal mortality rates globally.
But those against the bill argued on
the basis of morality and religion. The Inter Religious Council,comprising
Christian and Muslim leaders, have notably campaigned vigorously against it.
Even if he doesn’t appear to want it
to be seen so, President Koroma’s refusal to sign the bill which was twice
presented on his table has been greatly influenced by the pressure of the
religious establishment, especially the Catholic Church which vehemently
opposes abortion.
Until now the President had
struggled to put up aface of neutrality. He even tried this last week, while
addressing a group of women at the official ceremony marking International
Women’s Day on March 8. He said certain aspects in the Act were not clearly
defined, citing the definition of who is a medical practitioner. But then
suddenly he went dogmatic, talking about “the right to life” and all its
ramification for the constitution.
This is a point we have heard over
and over again from the ‘men of God’who have managed to use the services of
even well trained medical practitioners to discredit the argument of pro-choice
campaigners.
A major line of contention is when
does a fetusassume life. The Catholic Church is uncompromising about this
regardless.
The passing of the proposed abortion
law should place Sierra Leone on a strong footing towards meeting its
commitment to the Maputo Protocol, officially referred to as Protocol to the
African Charter on Human and Peoples Rights on the Rights of Women in Africa,
which was recently ratified by parliament. This African Union instrument
obliges member countries to comprehensively guarantee women’s rights to take
part in the political process, to social and political equality, to control of their reproductive health, and an end to female genital mutilation.
There are many indications that the
government was initially in support of it.
Firstly the bill was introduced into
parliament by a member of the governing All Peoples Congress, Isata Kabia, who
was only last week appointed Acting Minister of Social Welfare, Gender and Children’s
Affairs(MSGCA), the very ministry, albeit under its sacked minister Moijueh
Kaikai,that has openly expressed support for the Act.
The ministry is in support of the
bill “today, tomorrow and even the day after,” Charles Vandi, Director of
Gender at the MSGCA, said at a women’s forum late January.
The unanimous decision with which
the APC-dominated parliament passed the Act is perhaps the strongest indication
of the overwhelming support it had within the party.
President Koroma, apparently not
oblivious of Sierra Leone’s obligation to the Protocol, said in as much as the
country was a signatory, to effect any changes must be done judiciously,
whatever that means.
“The right to life is an entrenched
clause in our Constitution, so even though we are to domesticate and adopt the
Maputo Protocol, I believe we should go through the due process of the law,” he
said.
With this development, curiously,
the religious leaders have claimed victory, while pro-choice campaigners are
left sulking.
The Archbishop of the Freetown
Diocese, Edward Tamba Charles, told Politico’s Umaru Fofana thatthey welcomed
the referendum so they could prove “ordinary Sierra Leoneans want to save their
pregnancies and not just abort them”.And Dr Aisha Fofana Ibrahim, President of
the women’s campaign group 50/50, which has beencalling for the views of women
to be considered foremost in the debate, described the move as “disheartening
to Sierra Leonean women”.
Ibrahim Tommy, the Executive
Director of the Center for Accountability of the Rule of Law (CARL), said the
Act should not be a matter for a referendum.
CARL is one of the civil society
organisations championing the course to have the Abortion Law.
Tommy said they had hoped that the
president would sign it into law especially after it had been passed almost
unanimously by parliament.
And even after it had been passed,
the parliament resent it to president without any recommendation; “we still
hoped the president should have signed it into law,” he said.
“Credit to parliament, they have
shown leadership but unfortunately the president have not supported them,’ he
added.
Tommy said his organization and
other pro-choice campaigners were planning on pushing to have parliamentarians,
who had in the first place passed the Act, to vote on it again, and if they
have a two-third majority it can become law without the need for a Presidential
assent.
Under Sierra Leone’s constitution,
the president cannot veto a bill that received two-thirds of the votes.
(C) Politico 15/03/16
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