Q&A with Emmanuel Roberts

Published Feb 25, 2008

The government of Sierra Leone requested that UN Security Council establish an international tribunal to prosecute individuals responsible for committing atrocities in the country’s brutal civil war, which broke out in 1991 and remains unresolved despite the Lomé Peace Accord of July 1999. This request was made in hopes that such prosecutions would help to break the ongoing cycle of violence and promote reconciliation.

On March 30, 2001, the Security Council adopted a Resolution which encouraged the Government of Sierra Leone, together with the Secretary General of the UN, the High Commissioner for Human Rights and other relevant international actors, to expedite the establishment of the Truth and Reconciliation Commission (TRC). On 22nd November 2000, the Parliament of Sierra Leone unanimously passed into law the Truth and Reconciliation Commission.  It was meant to work alongside the international criminal tribunal, the Special Court for Sierra Leone (SCSL).

Have these institutions contributed to Restorative Justice in Sierra Leone?

So far, the TRC has compiled stories, reports and recommendations that have yet to be implemented.  Restorative justice faces many obstacles because many offenders have never been caught, prosecuted or convicted and those who have been convicted are often poorly monitored. The TRC has been criticized for being punitive rather than serving as alternatives to incarceration which affirms the offender's self-worth, giving him/her the opportunity to "make things right."

The mandate of the SCSL required that credible justice be brought to those members of the Revolutionary United Front (RUF), the Civil Defense Forces (CDF) and their accomplices responsible for committing crimes against the people of Sierra Leone. The SCSL has incarcerated high profile people including (Charles Taylor, the former President of the Republic of Liberia and late Chief Sam Hinga Norman both of whom were responsible for crimes against humanity. The TRC is also charged with addressing impunity, responding to the needs of victims, promoting healing and reconciliation and stopping human rights violations and abuses in addition to investigating and report on the “antecedents” of the conflict. 

How confident are the people in the process?

Some Sierra Leoneans believe that the mandate of the SCSL did not target those who actually perpetrated the crimes against the civil population. These include the commanding officers or heads of military operations, some of whom are presently roaming free in the streets of Freetown, the capital of Sierra Leone. Also, as set out in the Agreement that was signed between the United Nations and the Government of Sierra Leone, the mission of the SCSL is essentially punitive.  This does not ensure restorative justice in a country that has experienced a decade of civil war and is in need of healing.   Restorative justice includes accountability, truth-telling, reconciliation and reparations. Accountability requires that the perpetrator acknowledge the harm done to the victims, apologize and take action to repair the harm done to all who were affected by the offender’s action.  For example, a former child soldier called Kamara (actual name withheld) was identified by victims who suffered amputation during an attack in their village called Tongo Field; a diamond mining town in the eastern province of Sierra Leone. Kamara was banned from entering this village and elders of the community isolated his family and did not allow them to participate in communal activities. Kamara, having regretted his actions, requested mediation with religious leaders and community animators to reconcile his actions with the community.  After a traditional ceremony, he was granted forgiveness by the victims and required to do community service.  However, while the victim may voluntarily choose to forgive, the TRC is of the opinion that forgiveness by a victim and remorse by the perpetrator is not a necessary element in the process of justice.  This is where we find tension between restorative justice and criminal justice.

How much is the community involved in the process?

As aforementioned, the community is often very involved in the process of restorative justice.  However, it is not the case in many rural areas.  It is important to note that the approval and support of the community in such a reconciliation process is necessary in order to make peace sustainable.