In a landmark judgement, the ECOWAS Community Court of Justice has ordered the Government of Sierra Leone to repeal or amend its colonial-era loitering laws, which it found to violate fundamental human rights. The ruling, delivered on Thursday, marks a significant victory for AdvocAid, a Sierra Leonean rights organization that filed the case in 2022, challenging the legality of the laws.
AdvocAid argued that the loitering provisions—enshrined in the Public Order Act of 1964 and the Summary Conviction Ordinance of 1906—disproportionately target the poor and marginalized, violating their rights to equality, non-discrimination, and freedom of movement. These laws label anyone unable to prove their financial means or provide a “satisfactory account” of their activities in public spaces as “idle and disorderly,” rendering them liable to arrest and detention for up to one month.
Eleanor Thompson, lead counsel for AdvocAid, highlighted that the law’s enforcement has been arbitrary and discriminatory, with police detaining low-income individuals based on subjective assessments. AdvocAid presented evidence of abuse stemming from these laws, including testimonies of women who reported being coerced into non-consensual acts when unable to pay bribes.
In its ruling, the ECOWAS court sided with AdvocAid, noting that the loitering laws infringe upon the rights of Sierra Leoneans, particularly the underprivileged and marginalized, who suffer disproportionately under these restrictions. AdvocAid described the decision as a critical step toward greater justice and protection for the vulnerable in Sierra Leone.
“We are grateful to the ECOWAS Court for recognizing the harm caused by Sierra Leone’s discriminatory loitering laws,” said AdvocAid Executive Director Alison French. “This judgement is a significant step toward protecting the human rights of vulnerable members of our society, particularly women, who have been subjected to abuse and exploitation due to these laws.”
This ruling represents a broader push within West Africa to reassess and reform outdated laws that restrict individual freedoms, especially those disproportionately affecting marginalized populations.
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