Experiences showed that amnesties hardly resist time, and often fail to ensure a long-lasting peace.
Amnesties in Sierra Leone
After more than a decade of violent civil war, the Lomé Peace Agreement was signed by the
Government of Sierra Leone (GoSL) and the rebel group Revolutionary United Front (RUF) and the
renegade of the military, the Armed Forces Revolutionary Council (AFRC). The agreement provided
for a blanket amnesty, citing “the imperative need to meet the desire of the people of Sierra Leone
for a definitive settlement of the fratricidal war in their country and for genuine national unity and
reconciliation” and stating the parties’ “[d]etermin[ation] to establish sustainable peace and security;
to pledge forthwith, to settle all past, present and future differences and grievances by peaceful
means”,13 in its Article 9(1) and (2) provides for “absolute and free pardon” to RUF and AFRC. The
same amnesty was extended to members of the Sierra Leone Army and the Civil Defence Forces for
the period covering the beginning of the war in March 1991, up to the time of the signing of the
present Agreement.”14 The GoSL was obliged to ensure no official or judicial action is taken against
any member of these groups and their collaborators in respect of anything done by them in pursuit
of their objectives, up to the time of the signing of the present Agreement”.
For many, this amnesty law was absolutely necessary and a "prerequisite for any meaningful
negotiation".15 It was used as a tool by the government to push the RUF, in particular, to associate
itself to the Sierra Leone peace process. Amnesty was used to end the war by the government; ready
to do what it "could do to produce that result”.16
The Agreement consequently provided a blanket amnesty for all crimes, and therefore included war
crimes, acts of torture, crimes against humanity, genocide, and other serious violations of human
rights,17 committed within the context of the Sierra Leonean civil war. But it is noteworthy that the
UN representative at the scribbled an exemption that was annexed to the peace accord indicating
that such serious crimes are not amnestiable under international law.
• Effects on the peace process
Even after the Lomé Peace Agreement was signed, gross violations of Human Rights were still
committed, especially against humanitarian workers18. With the exception of the political
arrangement that has to do with power sharing, the RUF reneged on almost every aspects of the
peace agreement.19 The RUF failed to disarm and demobilize, and therefore, fighting ensued
between them and the government forces. The civil war officially ended in January 2002 after the
parties signed a second cease-fire agreement in Abuja in May 2001.
• Lessons learned
13
Ibid, Preamble of the Agreement
Ibid, Art.9(3)
15
Hayner, P. “Negotiating peace in Sierra Leone: Confronting the justice challenge”, December 2007 Report, Centre for
Humanitarian Dialogue and International Center for Transitional Justice; Hayner quoting sources pg.13; at
http://www.ictj.org/static/Africa/SierraLeone/HaynerSL1207.eng.pdf
16
Berewa quoted and explained in Ibid, pg.13
17
Rakate, P. K. “Is the Sierra Leonean Amnesty Law compatible with International law?”, in MenschenRechtsMagazin -
online, University of Potsdam, Issue 3, 2000, at http://www.uni-potsdam.de/u/mrz/mrm/mrm13-1.htm#Anm.%20X
18
“Sierra Leone: A Call for Justice” – “Recent violations of the Lomé Peace Accord”, Human Rights Watch, January 2000, at
http://www.hrw.org/campaigns/sleone/violations.htm#top
19
“The situation in Sierra Leone”, Statement by H. E. Ambassador Gelson Fonseca Junior, Permanent Representative of
Brazil to the United Nations, New York, 10 December 1999, available at: http://www.un.int/brazil/speech/99d-gfj-csnusierra-leone.htm
14
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