Constitution of Sierra Leone 1991, as amended to 2022
Limitations and/or Derogations
  • English
    Whereas every person in Sierra Leone is entitled to the fundamental human rights and freedoms of the individual, that is to say, has the right, whatever his race, tribe, place of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following—
    a. life, liberty, security of person, the enjoyment of property, and the protection of law;
    b. freedom of conscience, of expression and of assembly and association;
    c. respect for private and family life, and
    d. protection from deprivation of property without compensation;
    the subsequent provisions of this Chapter3 shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others, or the public interest. (Sec. 15)
Limitations and/or Derogations
  • English
    (1) Subject to the provisions of subsection (4), (5), and (7), no law shall make provision which is discriminatory either of itself or in its effect.

    (3) In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.
    (4) Subsection (1) shall not apply to any law so far as that law makes provision—

    f. for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency;
    … (Sec. 27)
Limitations and/or Derogations
  • English
    ...
    (5) During a period of public emergency, the President may make such regulations and take such measures as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, order and good government in Sierra Leone or any part thereof.
    (6) Without derogating from the generality of the powers conferred by subsection (5) and notwithstanding the provisions of this Chapter, the regulations or measures may, so far as appears to the President to be necessary or expedient for any of the purposes mentioned in that subsection—
    a. make provision for the detention of persons, the restriction of the movement of persons within defined localities, and the deportation and exclusion of persons other than citizens of Sierra Leone from Sierra Leone or any part thereof;
    b. authorise—
    i. the taking of possession or control on behalf of the Government of any property or undertaking;
    ii. the acquisition on behalf of the Government of any property other than land;
    c. authorise the entering and search of any premises;
    d. amend any law, suspend the operation of any law, and apply any law with or without modification:
    Provided that such amendment, suspension or modification shall not apply to this Constitution;
    e. provide for charging, in respect of the grant or issue of any licence, permit, certificate or other document for the purpose of the regulations, such fees as may be prescribed by or under the regulations;
    f. provide for payment of compensation and remuneration to persons affected by the regulations;
    g. provide for the apprehension, trial and punishment of persons offending against the regulations;
    h. provide for maintaining such supplies and services as are, in the opinion of the President, essential to the life and well-being of the community:
    Provided that nothing in this subsection shall authorise the making of regulations during a period of public emergency for the trial of persons who are not members of defence forces by military courts.

    (18) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the taking during a period of a state of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists immediately before and during that period of a state of public emergency. (Sec. 29)
Links to all sites last visited 20 December 2023
2
Sections 18 (Protection of freedom of movement), 22 (Protection for privacy of home and other property), 24 (Protection of freedom of conscience), 25 (Protection of freedom of expression and the press) and 26 (Protection of freedom of assembly and association).
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Chapter III on the Recognition and Protection of Fundamental Human Rights and Freedoms of the Individual.
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Sec. 35 as amended by 2022 Amendment.