By- Aruna Rashed Toma Bangura
A consortium of Christian Lawyers, Legal link also known as Christian Lawyers Centre has in an advisory opinion condemned the recent ban on all political rallies by the regulator of political parties affairs, the political parties regulation commission (PPRC).
According to the advisory opinion put out by the Christian Lawyers Centre, the ban on political rallies if imposed by PPRC is a violation of fundamental human rights on freedom of movement and association as enshrined in the 1991 Constitution of Sierra Leone.
The Executive Director of Legal Link, Rashid Dumbuya Esq said that section 18 and section 26 of the of the 1991 Constitution talks volume on the rights to freedom of assembly and association. He said the rights to freedom of assembly and association are the life blood and engine for democratic participation in any election process, adding that these rights can only be limited in exceptional situations as provided by the law.
Lawyer Rashid Dumbuya stated that a ban on street rallies and campaigns will weaken political participation that has the propensity to discourage political participation that will also lead to the hindrance of effective participation.
He added that ban on street rallies and campaigns create the vacuum for political and electoral apathy and will instill fear and panic on the public during pre and post-election period. And according to him, the ban on street rallies and campaigns will also create space for laziness for complacency and laziness within the security sector, adding that the ban by PPRC contravenes with the country’s human rights obligation on International law.
He furthered that section 171(15) of the 1991 Constitution makes the provision that any law, order, agreement and so forth that that is inconsistent with the law is considered as null and void, adding that any ban that hinders fundamental human rights of citizens must pass the four test under the international human rights law which are the test of legality, justifiability, reasonability and necessity.
However, Lawyer Dumbuya is of the firm conviction that the ban on street rallies and campaigns will not be effective looking at the possibilities that supporters and members of different political parties will be plying the streets to access fields, centres and halls to do their campaigns.
It could be recalled that PPRC in a press release date April 3rd, 2023 disclosed that political parties have all agreed during a meeting held in February that political street rallies should be banned and replaced with town hall meetings.