| For a summary of Sierra Leone’s review at the second cycle please click here. |
11th UPR session
Date of review: 5 May 2011
Date of report adoption: 22 September 2011
Working Group report: A/HRC/18/10
| Summary
Recommendations made: Repeal all provisions which may be applied to criminalize sexual activity between consenting adults. Status of recommendations: Rejected |
I. Key issues/recommendations identified by NGOs
- Repeal all provisions which may be applied to criminalise sexual activity between consenting adults.
II. Excerpts from input reports
Compilation of Stakeholder Information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
4. Right to privacy, marriage and family life
44. ERT observed that Lesbian, Gay, Bi-sexual, Transgender and Intersex (LGBTI) people did not benefit from the protection afforded by Article 27 of the Constitution, which prohibits discrimination, and evidence suggested that the LGBTI community remained highly vulnerable. JS2 stated that Sierra Leone maintained criminal sanctions against sexual activity between consenting adults. Section 61 of the Offences against the Person Act 1861 criminalised “buggery” with a penalty of life imprisonment. JS2 recommended that all provisions criminalising sexual activity between consenting adults be repealed.
III. References to SOGI during the Working Group review
Interactive dialogue and responses by the State under review
27. [The delegation stated that t]here was no discrimination on the grounds of sexual orientation. It was expressly prohibited under the Constitution. The delegation reiterated the Government’s commitment that persons under its/subject to its jurisdiction will be protected under the law.
31. Norway expressed concern regarding women and girls illiteracy, jeopardizing their job possibilities and active involvement in development. Norway expressed concern about infant and maternal mortality rates. While commending Sierra Leone’s support for the joint statement on ending human rights violations based on sexual orientation and gender identity, Norway noted that criminal sanctions against sexual activity between consenting adults of the same sex were maintained. It expressed deep concern about impunity in cases of sexual violence. It made recommendations.
40. The Netherlands commended impressive legal developments, while noting that the basic rights of vulnerable groups remained threatened, especially those of women and children, prisoners, human rights defenders and journalists. Their right to freely express and organise themselves had reportedly been violated without the intervention of the authorities. It took note of the National Strategic Plan for HIV/AIDS. It thanked Sierra Leone for supporting the statement on ending human rights violations based on sexual orientation and gender identity, while referring to reports that LGBT people did not benefit from the protection afforded by Article 27 of the Constitution which prohibited discrimination. It made recommendations.
IV. Conclusions and/or recommendations
Sierra Leone rejected the following recommendations:
82.7. Bring its legislation into conformity with its commitment to equality and non-discrimination for all by prohibiting discrimination based on sexual orientation or gender identity (Canada);
82.8. Repeal all provisions which may be applied to criminalize sexual activity between consenting adults (Norway);
82.9. Repeal all provisions criminalizing sexual activity between consenting adults (Netherlands).
V. Adoption of the Report
Response of the State under review – Addendum 1 to the report of the Working Group
[Recommendation] 82.7 Sierra Leone rejects this recommendation.
[Recommendation] 82.8 Sierra Leone rejects this recommendation.
[Recommendation] 82.9 Sierra Leone rejects this recommendation.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E only
Addendum 1 : E only
Addendum 2 : E only
Outcome of the review
Report of the Working group : A | C | E | F | R | S
Addendum : E
Decision of the outcome : A | C | E | F | R | S
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