The Human Rights Commission of Sierra Leone (HRCSL) has in a media statement issued on Tuesday February 2, 2021, said that a fact-finding mission it dispatched on January 28, 2021 to Yenga, a disputed border territory between Sierra Leone and the Republic of Guinea , has documented the following findings:
“There is no security presence at the Sierra Leone border along the Makona/ Moa River as opposed to the Guinean counterpart who have a huge military presence at the foot of the border (Moa River); security presence on the Sierra Leone part is only found at the Pengu Bengu Check Point, which is about five miles away from the actual border crossing point;. even at the Pengu Bengu Check Point, security presence is very low.”
According to the Commission, residents of Yenga community complained of intimidation and harassment from Guinean security personnel.
“There is no Guinean military occupation of Yenga, the Guineans only crossed the border to come and erect a beacon that was destroyed as a result of the road construction,” the Commission said.
The Guinean personnel consider the area where the beacon is erected as a buffer zone and are determined to prevent anyone from meddling in that area.
Economic and Social Rights
The Commission documented that, there is no presence of any school, health and market facilities in the Yenga border axis; residents complained that sometimes they are prevented by the Guinean security personnel from using their land for farming and other agricultural purposes; residents complained that they are normally asked to pay dues by the Guinean authorities to enable them undertake cross-border trade; residents complained of extortion by the Guinean security personnel during this period of restriction of movement of people across the border; residents complained that the Guinean security personnel demolished the only primary school serving the Yenga Village.
Development Rights
The government of Sierra Leone (GoSL) has commenced road construction from Kailahun town to the Yenga border axis, but esidents complained that Guinean security personnel did not allow the erection of street Solar poles, which had been brought by GoSL and partners to provide light to the community and its environs.
While reading the findings the Chairperson of the Human Rights Commission of Sierra Leone (HRCSL), Mrs. Patricia Narsu Ndanema said that as a Commission they have put forward a number of recommendations on which the Government of Sierra Leone should act fast to settle the long drawn ‘Yenga dispute’.
HRCSL in their statement noted that the infringements mentioned in their findings above contradict both national and international laws; adding for instance, Section 1 of the Constitution of Sierra Leone 1991, provides that “Sierra Leone is a Sovereign Republic …”, which means that any encroachment or interference into its territory is an act of aggression and negates the enjoyment of fundamental human rights and freedoms.
The Commission further drew attention to Part two of the Constitution and other relevant statutes and policies guaranteeing the enjoyments of Economic, Social and Cultural Rights.
The Commission emphasized further that additionally, Article 1(1) & (2) of the ICESCR provides that:
“All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”
“All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.”
In light of the above HRCSL made the following specific recommendations:
That GoSL should: Employ with utmost urgency diplomatic channels to resolve the Yenga border conflict once and for all; Increase security personnel at the Pengu Bengu Check point; deploy security personnel at the mouth of the Makona/Moa river, which is the colonial boundary between Sierra Leone and Guinea from that end; In the long term erect permanent structures around the border axis in a bid to make it an economic hub;ad as a matter of urgency, provide social amenities including school, health centre, market and a community centre in Yenga.
HRCSL calls on the Yengah community especially the youth to desist from using any violent means to claim their rights over the territory.
Commissioner Ndanema reassured that the Human Rights Commission of Sierra Leone remains committed to the protection and promotion of human rights of all throughout Sierra Leone.
The Commission put together it findings and recommendations after concluding a fact finding mission to Yengah on the 28th of January 2021 which was led by the Vice Chairperson Victor I. Lansana Esq. and Commissioner Hassan Samba Yarjah.In a bid to have a comprehensive understanding of the state of affairs in Yengah the team also had to cross over to Nongowa the border axis of Guinea by means of a canoe. With the Guinea Border remaining closed, the Team also investigated the impact of this continuous closure. Accordingly, HRCSL they engaged stakeholders separately on both sides of the border and did a conducted tour of the border area, the Yenga Community and the Pengu Bengu check point. These engagements and conducted tour were the basis of the human right issues included in the Commission’s findings and recommendations.
By Desmond Tunde Coker
04/02/2021. ISSUE NO: 7995