The Independent Commission for Peace and National Cohesion Act, no. 3 of 2021

14. Executive Secretary. THE INDEPENDENT COMMISSION FOR PEACE AND NATIONAL 15. Duties of Executive Secretary. COHESION ACT, 2020 16. Other staff of Commission.

17. Secondment of public officers. ARRANGEMENT OF SECTIONS 18. Protection of officers. Sections PART I- PRELIMINARY PART V - FINANCIAL PROVISIONS

1. Interpretation. 19. Funds of Commission.

20. Accounts and audit of Commission. PART II - ESTABLISHMENT AND FUNCTIONS OF THE INDEPENDENT 21. Financial year of Authority. COMMISSION FOR PEACE AND NATIONAL COHESION 22. Annual report.

2. Establishment of Commission. 23. Special report.

3. Board of Commission.

4. Tenure of members. PART VI-MISCELLANEOUS PROVISIONS

5. Meetings of Board.

6. Disclosure of interest. 24. Regulations.

7. Immunity of members.

8. Committees of Board.

9. Functions of Board.

10. Remuneration of members.

11. Filling of vacancies. PART III - FUNCTIONS AND POWERS OF THE COMMISSION

12. Functions and Powers of Commission.

13. Independence of Commission. 14 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 SIGNED this 18th day of December, 2020. DR. JULIUS MAADA BIO, President. Passed in Parliament this 8th day of December, in the year of our Lord LS two thousand and twenty. PARAN UMAR TARAWALLY, Clerk of Parliament. No. 3 2021 THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed Sierra Leone copy of the said Bill. The Independent Commission for Peace Short title. PARAN UMAR TARAWALLY, and National Cohesion Act, 2020. Clerk of Parliament.. Being an Act to provide for the establishment of the Independent Commission for Peace and National Cohesion; to confer on the Commission the power to take measures to prevent, manage and resolve conflicts; to build, promote and maintain sustainable peace in Sierra Leone; and to provide for other related matters. [ ] Date of com- mencement. ENACTED by the President and Members of Parliament in this present Parliament assembled. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 5 OF 4TH FEBRUARY, 2021. 2 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 3 PART I - PRELIMINARY PART II - ESTABLISHMENT OF THE INDEPENDENT COMMISSION FOR PEACE AND NATIONAL COHESION Interpretation. 1. In this Act, unless the context otherwise requires -

2. (1) There is hereby established a body to be known as Establishment "Alternative Dispute Resolution" means the usually the Independent Commission for Peace and National Cohesion. of Commiss- ion. less costly and more expeditious procedure for settling disputes without litigation, such as (2) The Commission shall be a body corporate having arbitration, mediation, or negotiation referred to in perpetual succession and capable of acquiring, holding and disposing paragraph (n) of subsection (2) of section 12; of any property, whether movable or immovable, and of suing and being sued in its corporate name and, subject to this Act, of "annual report" means the annual report of the performing all such acts as bodies corporate may by law perform. Commission referred to in section 22; (3) The Commission shall have a common seal, the use "Board" means the Board of the Commission; of which shall be authenticated by the signature of - "Chairman" means the Chairman of the Board (a) the Chairman or other member of the Board appointed under subsection (3) of section 3; authorised by the Board in that behalf; and (b) the Executive-Secretary or some other person "Commission" means the Independent Commission for Peace and National Cohesion established under authorised by the Board in that behalf. section 2; 3. (1) The governing body of the Commission shall be a Board of Board in which shall be vested, subject to this Act, the supervision Commission. "Executive-Secretary" means the Executive-Secretary of the Commission. of the Commission appointed under subsection (1) of section 15; (2) The Board shall consist of the following members including the Chairman and 8 other members of whom at least 3 shall "Government" means the Government of Sierra Leone; be women- “Local Council” means as defined in the Local (a) Member representing the Eastern Region; Government Act 2004; (b) Member representing the Western Region; "Member" means a Member of the Board appointed under subsection (3) of section 3; (c) Member representing the Northern Region; "Minister" means the Minister appointed by the (d) Member representing the Southern Region; President for the purpose of the administration of this Act; (e) Member representing the North-Western Region and "Truth and Reconciliation Commission" means the (f) 3 members representing interest groups. Truth and Reconciliation Commission created as part of the Lomé Peace Accord, to provide a degree (3) The Chairman and the other members of the Board of accountability for human rights abuses committed shall in consultation with the Minister be appointed by the President during the 11 year civil war conflict in Sierra Leone. from among persons with proven knowledge in peacebuilding and conflict management, subject to the approval of Parliament. 4 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 5 (4) A person shall not be qualified for appointment as a (e) if he fails to attend 3 consecutive meetings Member of the Board unless he - of the Board without reasonable cause; (a) is a citizen of Sierra Leone; (f) if he resigns his office by written notice to the Minister. (b) is a person of high moral character and proven integrity; 5. (1) The Board shall meet for the dispatch of its business Meetings of at least once in every 2 months and at such other times as the Chairman Board. (c) has distinguished himself in his field of work maydetermine. and as a person who commands the respect of the public; and (2) The Chairman shall preside at every meeting of the Board and in his absence, the members present shall appoint a member (d) has proven record of respect for and interest from among their number to preside. in peace and conflict, transitional justice and human rights. (3) A minimum of 5 members of the Board may, by notice inwriting signed by them, request the Chairman to summon a special (5) A person shall not be qualified for appointment as a meeting of the Board for such purposes as may be stated in the Member of the Board if he is - notice. (4) The Chairman or, in his absence, the member (a) a Member of Parliament; appointed to act in his behalf shall summon a special meeting within 3 days of his receipt of the notice referred to in subsection (3). (b) a member of a Local Council; or (5) The quorum at any meeting of the Board shall be 5. (c) a member of, or actively involved in the affairs of, a political party. (6) The Chairman or other person presiding shall have a Tenure of casting vote where there is an equality of votes.

4. (1) The Chairman and other members of the Board shall members. hold office for a period of 3 years and shall be eligible for re- (7) A proposal circulated among all members and agreed appointment for a further and final term of 3 years. to inwriting by a two-thirds majority of all members shall be of the same force or effect as a decision made at a duly constituted meeting (2) A person shall cease to be a Member of the Board on any of the following grounds - of the Board and shall be incorporated in the minutes of the next succeeding meeting of the Board: (a) for his inability to perform the functions of Provided that, if a member requires that such proposal be his office by reason of infirmity of mind or body; placed before a meeting of the Board, this subsection shall not apply to such proposal. (b) for proven misconduct; (8) The Board may co-opt a person to attend and (c) if he becomes bankrupt or insolvent; participate in its deliberations on any matter but such person shall not vote on any issue for the decision by the Board. (d) if he is convicted and sentenced for an offence involving sexual offences, fraud or (9) The Board shall cause minutes of all its meetings to dishonesty; be taken and signed by the Chairman and kept in proper form. 6 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 7 (10) Subject to this Act, the Board shall regulate its own 10. The Chairman and the other members of the Board and any Remuneration meeting procedure. person co-opted by the Board under subsection (8) of section 5 shall of members. be paid such remuneration, fees and allowances approved by the Disclosure of 6. (1) A member of the Board who has an interest, whether Minister and shall be reimbursed by the Commission for expenses Interest. direct or indirect, in any matter being considered or to be considered incurred in connection with the discharge of their functions as the by the Board, shall disclose the nature of his interest to the Board Board may, with the approval of the Minister, determine. and the disclosure shall be recorded in the minutes of the Board and such member shall not take part in any deliberation or decision of the 11. (1) Where the Chairman or a Member of the Board dies, Filling of Board relating to that matter. resigns, is removed from office or is absent for a continuous period Vacancies. exceeding 3 months or is by reason of illness unable to perform the (2) A member of the Board who contravenes subsection functions of his office for a continuous period of 3 months- (1) shall be guilty of misconduct and shall be removed from the Board. (a) the members of the Board shall, as the case Immunity of 7. (1) Action or other proceedings shall not lie or be may be, elect 1 of their number to act as members. instituted against any member of the Board or member of a committee Chairman until such time as the Chairman of the Board for or in respect of any act or thing done or omitted to resumes his office or another is appointed in be done in the exercise of his functions under this Act. his stead; and (2) A member of the Board shall not be personally liable (b) in the case of a member, the Chairman shall for any debt or obligation of the Commission. subject to this Act, have another person appointed to the Board. Committees 8. (1) The Board may, for the discharge of its functions, of Board. appoint one or more committees to perform such functions as the (2) Where a person is appointed as Chairman or appointed Board may determine. as a member to fill a vacancy, he shall hold office for the remainder of the term of the previous Chairman or member, as the case may be, (2) A committee shall comprise members of the Board or and shall, subject to this Act, be eligible for re-appointment. non-members or both as the Board may decide. PART III-FUNCTIONS AND POWERS OF THE COMMISSION (3) Without prejudice to the generality of subsection (1), the Board shall appoint an audit committee consisting of such 12. (1) The function of the Commission is to undertake Functions members of the Board, excluding the Executive-Secretary, and measures to prevent, manage and resolve conflicts, to build, promote and powers performing such functions as the Board may determine. and maintain sustainable peace in Sierra Leone and to advise the of the (4) A committee shall submit a report of its proceedings Government of Sierra Leone on all aspects of conflict resolution and Commission. to the Board at such time as the Board may determine. peace. Functions of 9. (1) Subject to this Act, the Board shall have the (2) Without prejudice to the generality of subsection (1) Board. supervision of the Commission, including overseeing the sound and the Commission shall have responsibility to - proper financial management of the Commission. (a) promote peace, reconciliation and unity in (2) It shall also be the responsibility of the Board to Sierra Leone; provide such policy guidance and advice as will secure the efficient implementation of the functions of the Commission and enhance the (b) build peace cultures, enhance tolerance and overall performance of the Commission. support peaceful resolution of conflicts throughout Sierra Leone; 8 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 9 (c) monitor and evaluate the implementation of (l) receive complaints from the public on the Truth and Reconciliation Commission violence, inequality or injustice and take recommendations and adopt measures to appropriate measures for redress; promote and facilitate full implementation of the recommendations; (m) develop mechanism for early warning signs and take preventive measures to abort, abate (d) advise Government on the formulation and or redress intending threats; implementation of policies relating to peacebuilding, conflict prevention and (n) provide amicable resolution to conflict conflict resolution; through Alternate Dispute Resolution, including indigenous dispute resolution; (e) develop programmes and provide services that promote awareness activities in local (o) foster Governmental and non-governmental communities,schools,and local adminis- partnerships among institutions and organi- tration to promote conflict prevention and sations in conflict prevention, management conflict resolution; and resolution; (f) conduct investigations or research on (p) provide a framework for mainstreaming disputes and conflicts in order to identify - national cohesion and integration into national development programmes; and (i) the nature, scope, extent and causes of disputes and conflicts; or (q) perform any other function that the Commission may be required or permitted to (ii) intervening strategies for the resolution perform by or under this Act or any other of disputes and conflicts; enactment or carry out such other functions and programmes as necessary for the (g) take into account, local stakeholders' attainment of the object stated thereto. interests in the management of crisis; (3) For the purposes of an investigation under this Act, (h) sensitise local communities on land conser- the Commission shall have such powers, rights and privileges as are vation needs and socioeconomic issues; vested in the High Court in a trial, in respect of - (i) address causes of all forms of discrimination, (a) enforcing the attendance of witnesses and intolerance, negative ethnicity, perceptions; examining them on oath, affirmation or otherwise; (j) promote respect for religious, cultural and linguistic diversity; (b) compelling the production of documents and any other relevant piece of evidence; and (k) develop procedures and mechanisms at the national level to facilitate dialogue among (c) the issue of a commission or request to political parties, communities, organisations examine witnesses abroad. and other groups in order to prevent conflict; 10 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 11 Independence 13. In the discharge of its functions under this Act, the (2) The Commission may delegate to the Executive of Commiss- Commission shall not be subject to the direction or control of any Secretary - ion. other person or authority. (a) the power for the appointment of such grade PART IV - ADMINISTRATIVE PROVISIONS or categories of staff as the Commission may require; Executive 14. (1) The Commission shall have an Executive Secretary Secretary. who shall be recruited by the Board upon such terms and conditions (b) the power to enter into an agreement with an as the Board shall determine. independent body or agency for the purpose of carrying out the functions of the (2) A person shall not be appointed Executive Secretary Commission. unless he has proven knowledge of conflict prevention, management and resolution; and experience in peace related matters. 16. (1) The Commission shall have, in addition to the Other staff Executive Secretary, a secretariat consisting of a Secretary, Finance of Commiss- Duties of 15. (1) The Executive Secretary shall be responsible to the Officer, Administrative Officer and such other additional technical ion. Executive Board for the performance of the following functions- and administrative staff, as may be required for the efficient Secretary. performance of the functions of the Commission. ` (a) to provide overall leadership in the conduct and management of the day-to-day business (2) The staff of the Commission shall be recruited by the or activities of the Commission; Board subject to such terms and conditions as the Board shall determine. (b) to initiate and maintain high-level contact with interested parties, both local and (3) All such recruitments shall be consistent with the international, in relevant areas of the guidelines of the Public Service Commission and any other related operations of the Commission; Labour Laws. (c) to monitor and supervise the preparation of 17. Public officers may at the instance of the Commission, be Secondment the annual budgets and reports of the seconded or otherwise render assistance to the Commission but the of public Commission for the review and approval of Commission may request the withdrawal of any such seconded staff officers. the Board; who is unable to carry out assigned functions in a manner satisfactory to the Commission (d) to oversee the work and discipline of the other staff of the Commission; 18. An officer or employee of the Commission or any person Protection acting on the directions of an officer or employee of the Commission of officers. (e) to carry out such other functions as may be shallnot be liable in respect of any matter or thing done by him under assigned by the Board or necessary for the this Act. purposes of the Commission; PART V - FINANCIAL PROVISIONS (f) serve as Secretary to the Board and be responsible for recording and keeping of 19. (1) The activities of the Commission shall be financed by Funds of minutes of meeting of the Commission. funds consisting of - Commission. (a) monies appropriated by Parliament for the purposes of the Commission; 12 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 No. 3 Independent Commission for Peace and National Cohesion Act, 2021 13 (b) monies given to the Commission by way of gifts, endowments, bequest, grant or other (a) any irregularities in the accounts; contributions by persons and organisations for the purposes of the Commission; (b) any matters that are likely to adversely affect the operations of the Commission; and (c) all other monies which may, from time to time accrue to the Commission. (c) any other matter which, in his opinion, ought to be brought to the notice of the (2) The funds of the Commission shall be applied only Commission. for the purposes of the approved budget of the Commission.

21. The financial year of the Commission shall be the same as Financial Accounts and 20. (1) The Commission shall keep proper books of account the financial year of the Government. year of audit of and other records in relation to the activities, property and finances Commission. Commission. of the Commission in a form approved by the Auditor-General, and 22. (1) The Commission shall, within three months after the Annual shall prepare in respect of each financial year of the Commission a end of the financial year, submit to the Minister a report on the report. financial statement which shall include - performance of its functions during that year and on its policy and programmes. (a) balance sheet accounts; (2) The annual report shall include the accounts and (b) statement of accounts; annual financial statement prepared under section 20 and the report (c) income and expenditure accounts; and of the audit thereon. (d) source and application of funds. (3) The Minister shall lay copies of the annual report before Parliament within 3 months after he has received the report. (2) The accounts of the Commissi on kept under subsection (1) shall, not later than 3 months after the end of each (4) The Commission shall make copies of the report financial year, be audited by the Auditor-General or an auditor available to all stakeholders once it has been laid before Parliament. appointed by him.

23. The Commission may, at any time, submit a special report Special (3) For the purposes of subsection (2), the Auditor- to Parliament through the Minister with respect to any aspect of the report. General or the auditor appointed by him shall be entitled to have functions of the Commission which the Commission considers access to all books of account, vouchers and other financial records should, in the national interest, be brought to the attention of of theCommission and to requiresuch information and explanation Parliament. thereon as hemay think fit. PART VI-MISCELLANEOUS PROVISIONS (4) TheCommission shall providetheAuditor-General or the auditor appointed by him with all necessary and appropriate 24. The Minister may, by statutory instrument, after Regulations. facilities for the examination of the accounts and records of the consultation with the Commission, make Regulations as he considers Commission. necessary or expedient for giving effect to the provisions of this Act. (5) TheAuditor-General or theauditor appointed by him shall submit to theCommission a report on theaudited accountsand thefinancial statements referred to in subsection (1) and shall, in his report draw attentionto -