ECOWAS Court Orders Sierra Leone To Repeal Loitering Laws Citing Human Rights Violations
The ECOWAS Court of Justice in Abuja has directed Sierra Leone to amend or repeal its public loitering laws, ruling they violate fundamental human rights. Delivering the judgment on Thursday, Justice Edward Asante, Judge Rapporteur of the case, held that the loitering laws infringe on citizens’ rights to non-discrimination, equal protection, and freedom of movement.
The court found that these laws, which criminalize public loitering without a clear definition, breach Articles 2 and 3(1) of the African Charter on Human and Peoples’ Rights, which prohibit discrimination and uphold equal protection under the law. It also ruled that the restrictions on freedom of movement are contrary to Article 12(1) of the African Charter.
Highlighting the vague wording of the laws, including terms like “idle” and “disorderly,” the court stated these definitions allowed for arbitrary enforcement, disproportionately affecting economically disadvantaged individuals. The court further noted that Sierra Leone’s laws do not meet standards of legality, necessity, and proportionality expected in democratic societies.
The case, brought before the court on April 12, 2022, by Sierra Leonean NGO Advocaid Ltd, challenged provisions in the country’s Public Order Act, Summary Conviction Offences Ordinance, and Criminal Procedure Act, which allow police to arrest individuals for loitering if they cannot provide a “good account” of themselves. Advocaid argued that these laws are discriminatory and hinder the freedom of movement for impoverished and marginalized groups.
The ECOWAS court, including President Justice Ricardo Gonçalves and Justice Dupe Atoki, ordered each party to bear its own costs, mandating that Sierra Leone make the necessary legislative changes to fulfill its obligations under the African Charter.
