The ECOWAS Community Court has ordered the Government of Sierra Leone to repeal or amend its loitering laws. The court delivered the judgement on Thursday. 

In 2022, AdvocAid filed a case for the repeal of the petty offence. The organisation argued that the laws unjustly target the poor and violate fundamental human rights. 

Loitering in Sierra Leone is criminalised in two colonial era laws – The Public Order Act of 1964 and the Summary Conviction Ordinance of 1906. The laws essentially deem any person in a place who does not have any visible means of subsistence and can’t give a good or satisfactory account of themselves to be an idle and disorderly person.

Authorities fully enforce the law and offenders could face up to a month’s prison sentence. AdvocAid’s lead counsel in the case, Eleanor Thompson, said the authorities have used the laws in an arbitrary and discriminatory manner. 

AdvocAid said Police have used subjective assessments to detain low-income individuals. It also highlighted cases of women who reported being forced into non-consensual intercourse if they could not pay bribes.

The court consequently ruled that the loitering laws violate rights to equality, non-discrimination and freedom of movement, disproportionately impacting marginalised individuals. The organisation described this as a “landmark judgement”.

“We are grateful to the ECOWAS Court for recognising the harm caused by Sierra Leone’s discriminatory loitering laws,” said AdvocAid’s Executive Director, Alison French. 

“This judgement is a significant step toward protecting the human rights of vulnerable members of our society, particularly women, who have been subjected to abuse and exploitation due to these laws.”

What Impacts Will a Repeal or an Amendment Have?

AdvocAid believes that implementing the judgement will have a greater impact on the country’s human rights record. It will also reduce prison congestion and influence legal reforms. Hence, the organisation said in a press release:

 “This ruling set a crucial legal precedent across Africa, urging countries to review and reform colonial era laws that perpetuate inequality and criminalise poverty.” 

AdvocAid is also pushing for the decriminalisation and declassification of minor offences under its “Petty Offences Project”. 

This court judgement is a boost for the organisation’s push for legal reforms. It shows that the desired results are achievable.

“The decision underscores the need for legal frameworks that protect – not criminalise – people based on their socio-economic status or location,” said Thompson. “It’s a victory for the dignity and rights of Sierra Leone’s most marginalised citizens.”

About AdvocAid

AdvocAid is a feminist organisation led by women for women, founded in 2006. The organisation provides holistic access to justice and post-incarceration support to women and girls in conflict with the law.

From established offices in Freetown, Makeni and Kenema, AdvocAid operates across eight towns in Sierra Leone. 

It has a formidable team of lawyers, paralegals and social workers. These individuals support women who come in contact with the law, providing them support and representation. This support cuts across every step of the justice system – from arrest to incarceration – and beyond. 

 AdvocAid further uses the insights and lessons from these short term interventions to guide their policy work and advocacy for legal reforms. The organisation’s focus is on changing the system that violates the rights of women and girls in Sierra Leone.