On 7 November 2024, the Community Court of Justice of the Economic Community of West African States (ECOWAS) in the case of AdvocAid Limited v Republic of Sierra Leone has ordered the State to amend, modify or repeal its loitering laws to comply with its obligations under the African Charter on Human and Peoples’ Rights.
BACKGROUND
AdvocAid challenged section 7 of the Public Order Act of 1965, section 13(1) (e)(f) of the Criminal Procedure Act, and section 31 of the Summary Conviction Offences Ordinance of 1906, which are used to arrest persons and detain persons on vagrancy related offences, specifically loitering. The government of Sierra Leone argued that these laws were enacted as a “crime prevention measure”.
It was argued that these laws violate articles 2, 3 12 of the African Charter on Human and People’s Rights on non-discrimination, equality before the law, and the right to movement respectively. It was highlighted that the alleged deterrent effects of these loitering offences outweigh the negative impact it has on the functioning of the justice system and its ability to address serious crimes.
It was further argued that the vagueness of the offences can encourage inconsistency in the exercise of police discretion, allowing prejudice, stigma, and discrimination to become factors in determining whether to arrest a person.
The Court found that the loitering laws discriminate against poor persons, violate their right to non-discrimination and equal protection and restrict freedom of movement. The Court also highlighted that the use of vague terms such as “idle” and “disorderly” create opportunities for arbitrary arrests and detention and do not meet the standards of legality, necessity and proportionality in a democratic society.
The Judgement conforms with the advisory opinion of the African Court on Human and Peoples’ Rights that found that vagrancy laws violate the right to dignity, equality and liberty and that these laws predominantly target the poor and lead to arbitrary arrests and detentions.
“We are thrilled with this judgment as it builds on the calls for decriminalisation of poverty in Africa. Many vulnerable communities including sex workers are disproportionately targeted under such vague laws. We hope that Sierra Leone will take necessary steps to repeal such laws as ordered by the Court.” Chikondi Chijozi, Criminal Justice Lead at SALC.
The case was filed by AdvocAid, a feminist organisation in Sierra Leone providing access to justice, legal education and empowerment for women and girls in contact with the law and the Southern Africa Litigation Centre (SALC) was admitted as amicus.
