Article 20
All peoples shall have the right to existence. They shall have the unquestionable
and inalienable right to self-determination. They shall freely determine their
political status and shall pursue their economic and social development
according to the policy they have freely chosen.
Legal framework
The fundamental principles of state policy within the Constitution submit sections 4 to 8
as the implementation of this guarantee in the laws of Sierra Leone.
General Practise
The existence of the people is provided for in section 5 of the Constitution which declares
the existence of the people of Sierra Leone by giving them ownership of the state. The
principle of self-determination has nations freely choosing their sovereignty and
international political status with no external compulsion or interference.
With the cessation of the civil war the Republic of Sierra Leone returned to the principles
of freedom, democracy and justice. The state reasserted its right to self-determination and
exhibited its democratic will by conducting three successful presidential and
parliamentary elections since then, the third being the first that was completely managed
by Sierra Leoneans themselves.
The State remains committed to the provisions of the Constitution and has instituted a
Commission for the proper review of the same with the intention of ridding it of
discrimination but capitalising on the empowerment of the people and the tenets of peace,
freedom and justice.
Article 21
The right of the people to freely dispose of their wealth and resources.
Legal framework
This right is protected under Section 7 of the Constitution. The Mines and Minerals
Acts17 also make provisions for the regulations of mining activities in the country whilst
the setting up of a National Mineral Agency by an Act of Parliament in 2012 will further
strengthen the oversight of mining activities in the country.
General practise
Despite these provisions, the practise is that the locals who actually own the land where
these activities are carried out do not constructively benefit from the extraction of mineral
and natural resources from their land, neither do they fully enjoy the right of lawful
recovery of their property and adequate recovery in cases of spoliation. This is evidenced
by the destruction of land and property in Moyamba (Sierra Rutile) and Kono where the
mining companies, after mining abandon the land in the spoiled state. After such
activities, the land is no longer good for agricultural purposes which is what the locals
largely depend on. In some instances, it is even impossible to use the land for building
purposes. As such, the environment is left destroyed..
There is an environmental protection agency which has a National Environmental
Protection Plan and Policy on protecting the environment. The Mines and Minerals Act
and the Sierra Leone Environmental Protection Agency (SLEPA) in their national action
plan aim at addressing the issues of spoliation and regulating the activities of mining.
17
Act No. 12 of 2009
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