Practice Related to Rule 95. Forced Labour
Sierra Leone’s Instructor Manual (2007) provides in its discussion on prisoners of war:
Don’t allow them to do work which is injurious to health, humiliating, hazardous or has military character or purpose. For example don’t allow them to carry an ammunition box (unless they volunteer).
Sierra Leone’s Constitution (1991) states:
19. Protection from slavery and forced labour.
(1) No person shall be held in slavery or servitude or be required to perform forced labour or traffic or deal in human beings.
(2) For the purposes of this section the expression “forced labour” does not include –
a. any labour required in consequence of a sentence or order of a court; or
b. labour required of any person while he is lawfully detained, which though not required in consequence of the sentence or order of a court, is reasonably necessary in the interest of hygiene or for the maintenance of the place in which he is detained; or
d. any labour required during a period of public emergency or calamity which threatens the life [or] well-being of the community; …
29. Public emergency.
(2) The President may issue a Proclamation of a state of public emergency only when –
a. Sierra Leone is at war; [or]
b. Sierra Leone is in imminent danger of invasion or involvement in a state of war; or
c. there is actual breakdown of public order and public safety in the whole of Sierra Leone or any part thereof to such an extent as to require extraordinary measures to restore peace and security; or
d. there is a clear and present danger of an actual breakdown of public order and public safety in the whole of Sierra Leone or any part thereof requiring extraordinary measures to avert the same; or
e. there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in Sierra Leone; or
f. there is any other public danger which clearly constitutes a threat to the existence of Sierra Leone.
(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.