By Harry Rutner, Senior Legal and Advocacy Officer at the Consortium for Street Children
In 2022, Advocaid LTD brought a case against the Republic of Sierra Leone, arguing that Section 7 of the Public Order Act 1965, Section 31 of the Summary Conviction Offences Ordinance of 1906 and Section 13(1) of the Criminal Procedure Act, together the Loitering Laws, were unlawful and should be repealed.
On 26 October 2022, the Consortium for Street Children filed an amicus brief in this case arguing that the Loitering Laws disproportionately impacted street connected children, were vague in nature and unlawful. Amnesty International and the South African Litigation Centre also provided amicus briefs in this case.
It was argued by Advocaid that the Loitering Laws disproportionately harms a certain vulnerable section of society and goes against the African Charter and international human rights. It was argued that the Loitering Laws criminalise people based on their status as opposed to these people having committed a crime. The Loitering Laws were argued by Advocaid to be vague, unclear and disproportionate.
While the Sierra Leonean government refuted these claims, the Economic Community Of West African States (ECOWAS) found that:
- The Loitering Laws disproportionately impact poor and vulnerable people and criminalises people based on their status as opposed to these people committing criminal acts.
- The Loitering Laws themselves limit freedoms and if freedoms are to be limited, the laws that limit freedoms must be clear, precise and proportionate. The Loitering Laws were found to disproportionately impact vulnerable populations, be vague, unclear and imprecise in nature.
- The Court found that the Loitering Laws were unlawful.
In a historic outcome, ECOWAS ordered that ‘the Respondent shall take appropriate legislative measures to amend, modify or repeal the loitering laws’. A full copy of the Judgment can be found here.
This is a great win for all people in Sierra Leone, but especially for vulnerable people like street children who were previously disproportionately impacted by these laws due to their status. This case shows the power of regional legal advocacy and the importance of holding governments accountable when laws are discriminatory to portions of the population. We hope that this case can be used as a precedent for other countries that have discriminatory loitering laws as a means of repealing laws that disproportionately impact street children. We look forward to seeing the amendment, modification or repeal of the loitering laws in Sierra Leone in the near future.
CSC’s work in West Africa
A key part of CSC’s 2024-29 strategy is a regional focus on West Africa – identified through our network survey as a region with a high population of street-connected children, but also as cases like the above show, the opportunity and momentum for profound and lasting change. That’s why our Big Give appeal this year is focusing on expanding our groundbreaking Street Champions programme in the region.
This programme provides street-connected children with the knowledge and confidence to advocate directly with duty bearers; and by sharing their unique experiences and solutions that work for them, effective policies and interventions can be designed which protect these children from abuse, allow them to gain an education and access healthcare when needed, and provide pathways away from the street if desired.
We know this approach works thanks to the Street Champions programme in Kolkata, India, which we support alongside our in-country partner CINI, where the Street Champions have successfully advocated for a number of changes within their communities to improve the lives of street-connected children. These include Covid vaccines for more than 500 of their peers without legal ID, advocating with the local government to open more public toilets for street-connected families, and a number of international submissions, including on migrant children’s rights, homelessness and climate change, and more. They have been recognised by the UN Special Representative on Violence Against Children.
With your help, we can bring this revolutionary programme to three West African cities, and build brighter futures for street-connected children in the region. And by donating to our Big Give appeal this week, your support and impact will be DOUBLED, as every donation will be match funded.