AdvocAid and the Centre for Accountability and Rule of Law (CARL) today launched a Position Paper calling for petty offences to be decriminalised in order to reduce overcrowding in correctional centres and their disproportionate impact on marginalised people in Sierra Leone.

Petty offences are minor offences for which the punishment is ‘a warning, community service, a low-value fine or short term of imprisonment’ (African Commission on Human People’s Rights). Research conducted by AdvocAid and CARL in 2017, monitoring 718 cases in police stations and courts in several cities, found that 33% of offences were petty offences. The most frequent petty offences seen were the non-payment of debt (under charges of ‘fraudulent conversion’ or ‘obtaining by false pretences’), loitering, and minor traffic offences.

AdvocAid and CARL call on the Government of Sierra Leone to decriminalise loitering offences and non-payment of debt offences, and to reform of sanctions for minor traffic offences. The laws that relate to petty offences, and the ways in which these laws are enforced, have many human rights and economic implications.

Firstly, petty offence cases place a heavy burden on the police, courts and correctional centres. If decriminalised, this could create financial savings for the police and courts, and reduce overcrowding in correctional centres. Secondly, arrests and imprisonment for petty offenses disproportionately affects poor and marginalised people. AdvocAid and CARL’s research found that more than 90% of adults charged with petty offences were unemployed or in low-paid work. Many work or live in public spaces, relied on loans to sustain their business and were unable to pay fines, which contributed to the risk of coming into conflict with the law for a petty offence.

‘AdvocAid often meets women arrested for fraudulent conversion and sentenced for months or years, simply because they are unable to repay a debt. The criminalisation of debt is tantamount to the criminalisation of poverty. Not only does arrest and imprisonment disrupt an individual’s life, it creates additional financial and emotional burden for their families,’ said Rebecca Wood, Executive Director of AdvocAid.

In October 2018 the African Commission on Human and Peoples’ Rights published the final version of its Principles on the Decriminalisation of Petty Offences in Africa, requiring State Parties to the African Charter – including Sierra Leone – to take steps to decriminalise petty offences.

‘The Position Paper, informed by our legal analysis and research study in 2017, sets out clear recommendations and actions for stakeholders. Unfortunately, the human rights implications of petty offences, especially for the poor in Sierra Leone, far outweigh the required attention it is receiving from stakeholders. It is time to work cooperatively to bring about reforms that protect the rights of all, including the poor,” said Ibrahim Tommy, Executive Director of CARL.

We encourage the stakeholders – such as the Chief Justice, the Attorney General and Minister of Justice, the Inspector General of Police, the Parliamentary Human Rights Committee, the Law Reform Commission, and the Human Rights Commission – to consider our recommendations for the decriminalisation of loitering offences and non-payment of debt offences, and the reform of sanctions for minor traffic offences. If followed, Sierra Leone would join countries across the continent that are taking steps towards meaningful reform of petty offences.

For more information, please contact:

Rebecca Wood, Executive Director, AdvocAid

Ibrahim Tommy, Executive Director, Centre for Accountability & Rule of Law (CARL)

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