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NGO Law Monitor: Sierra Leone
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International Journal of
Not-for-Profit Law
NGO Law Monitor
Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources
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Last updated 6 June 2013
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Introduction
Sierra Leone is a post-conflict country that continues to recover from a civil war fought between 1991 and
2001, which killed 75,000 people and forced hundreds of thousands from their homes. Since the civil war, civil
society has flourished in the country, with the formation of organizations providing a wide range of services to
assist in reconstruction and development, including health, mental rights, human rights, and democratic
development, just to name a few. As a result, civil society organizations (CSOs) have gained “performance
legitimacy” in the socio-political arena of the country. Civil society organizations may assume a variety of
different forms in Sierra Leone, including community-based organizations, religious bodies, trade unions,
student organizations and non-governmental organizations.
The legal framework in Sierra Leone is rooted in customary law, statutory law, and the common law. A former
British colony, Sierra Leone gained its independence in 1961. Under Article 170(2) of the Constitution, the law
of Sierra Leone is deemed to include the rules of law generally known as the common law, the doctrine of
equity, and the rules of customary law, including those determined by the Superior Court of Judicature.
“Customary law” refers to the rules of law which by custom are applicable to particular communities in Sierra
Leone. (Article 170(3)).
In recent years, however, civil society has come under renewed threats from Government through the
enactment of restrictive laws governing the sector. The Government of Sierra Leone enacted the Revised NGO
Policy Regulations in 2009; the National Revenue Authority Act; and the Anti-Corruption Act, which subjects
civil society organizations to increased interference from Government and other state agencies.
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At a Glance
Nigeria
Pakistan
Organizational
Forms
Non-Governmental
Organization (NGO)
Not-for-Profit
Company (NPC)
Community-Based
Organization (CBO)
Palestine
Panama
Registration Body
Ministry of Finance and
Economic Development
Registry's Department
Ministry of Social Welfare
or local governments
Peru
Russia
Rwanda
Saudi Arabia
Sierra Leone
South Africa
Tajikistan
Turkey
Turkmenistan
Uganda
Approximate
Number
Barriers to Entry
Barriers to Activities
N/A
NGOs are confronted by a number of barriers including:
(1) Establishment criteria include at least 5 staff persons, office space, sign
board, etc;
(2) Registration procedures require NGOs to sign an agreement with the
Government and potentially subject NGOs to field verification visits and
in-person interviews;
(3) Re-registration is required every two years.
NGOs are subject to a number of barriers, including:
(1) NGOs must conclude an agreement with the Government before commencing
operations;

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Key Indicators
Population 6,440,053
Capital
Type of Government
Life Expectancy at Birth
Literacy Rate
Freetown
Constitutional Democracy
Male: 38.92 years
Female: 43.64 years
Male: 46.9%
Female: 24.4%
Religious Groups Muslims: 60%; Christian: 10%; indigenous beliefs: 30%
Ethnic Groups
20 African ethnic groups: 90% (Temne: 30%, Mende: 30%, other: 30%); Creole:
10% (descendants of freed slaves who were settled in the Freetown area in the
late 18th century); refugees from Liberia's recent civil war; small number of
Europeans, Lebanese, Pakistanis, and Indians
GDP per capita $900
Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2009.
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International Rankings
Ranking Body
Rank
Ranking Scale
(best – worst
possible)
UN Human Development Index 180 1 – 182
World Bank Rule of Law Index 14.8 100 – 0
World Bank Voice & Accountability Index 38.5 100 – 0
Transparency International 146 1 – 180
Freedom House: Freedom in the World
Status: Partly Free
Political Rights: 3
Civil Liberties: 3
Free/Partly Free/Not
Free
1 – 7
1 – 7
Foreign Policy: Failed States Index 32 177 – 1
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Legal Snapshot
International and Regional Human Rights Agreements
Key International Agreements Ratification* Year
International Covenant on Civil and Political Rights (ICCPR) Yes 1996
Optional Protocol to ICCPR (ICCPR-OP1) Yes 1996
International Covenant on Economic, Social, and Cultural Rights (ICESCR) Yes 1996
Optional Protocol to ICESCR (OP-ICESCR) No --

International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD)
Yes 1967
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
Yes 1988
Optional Protocol to the Convention on the Elimination of Discrimination
Against Women
No --
Convention on the Rights of the Child (CRC) Yes 1990
International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families (ICRMW)
No --
Convention on the Rights of Persons with Disabilities (CRPD) No --
Regional Treaties
African Charter on Human and Peoples' Rights Yes 1983
African Charter on the Rights and Welfare of the Child Yes 2002
Treaty Establishing the African Economic Community Yes 2001
Protocol to the African Charter on Human and Peoples' Rights on the
Rights on Women in Africa
No --
Protocol to the African Charter on Human and Peoples' Rights on the
Establishment of an African Court on Human and Peoples' Rights
No --
* Category includes ratification, accession, or succession to the treaty
Constitutional Framework
The current Constitution of Sierra Leone was approved by Parliament in 1991 and is significant in that it
re-established a multi-party system.
Relevant constitutional provisions include the following:
Article 25 Protection of freedom of expression and the press:
Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and
for the purpose of this section the said freedom includes the freedom to hold opinions and to receive and
impart ideas and information without interference, freedom from interference with his correspondence,
freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions,
and academic freedom in institutions of learning:
Provided that no person other than the Government or any person or body authorised by the President shall
own, establish or operate a television or wireless broadcasting station for any purpose whatsoever.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in the
contravention of this section to the extent that the law in question makes provision—
a. which is reasonably required—
i. in the interests of defence, public safety, public order, public
morality or public health; or
ii. for the purpose of protecting the reputations, rights and freedoms of
other persons, preventing the disclosure of information received in
confidence, maintaining the authority and independence of the courts,
or regulating the telephony, telegraphy, telecommunications, posts,
wireless broadcasting, television, public exhibitions or public
entertainment; or
b. which imposes restrictions on public officers or members of a defence force;

and except in so far as that provision or, as the case may be, the thing done under the authority
thereof, is shown not to be reasonably justifiable in a democratic society.
Article 26 Protection of freedom of assembly and association:
Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and
association, that is to say, his right to assemble freely and associate with other persons and in particular to
form or belong to any political party, trade unions or other economic, social or professional associations,
national or international, for the protection of his interests.
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 makes provision—
a. which is reasonably required—
i. in the interests of defence, public safety, public order, public morality,
public health, or provision for the maintenance of supplies and services
essential to the life of the community; or
ii. for the purpose of protecting the rights and freedoms of other
persons; or
b. which imposes restrictions upon public officers and upon members of a defence
force; or
c. which imposes restrictions on the establishment of political parties, or regulates the
organisation, registration, and functioning of political parties and the conduct of its
members;
and except in so far as that provision, or as the case may be, the thing done under the authority
thereof is shown not to be reasonably justifiable in a democratic society.
National Laws and Regulations Affecting Sector
Relevant national-level laws and regulations affecting civil society include:
The Constitution of Sierra Leone 1991;
Revised Non-Governmental Organizations Policy Regulations 2009;
Local Government Acts 2004;
The National Revenue Authority Act 2002;
Registration of Business Act 2007.
Pending NGO Legislative / Regulatory Initiatives
On June 16, 2010, the Cabinet of Sierra Leone approved the Freedom of Information Bill. The Bill remains
pending before Parliament.
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Legal Analysis
Organizational Forms
Civil society organizations seeking legal entity status may assume one of the following organizational forms in
Sierra Leone:
1. A non-governmental organization (NGO) is defined by the Revised NGO Policy Regulations to mean “any
independent, not-for-profit making, non-political and charitable organisation, with the primary objective of
enhancing the social, environmental, cultural and economic well being of communities.” (Article 2.1.1)
According to the NGO Policy, NGOs are required to register with the Ministry of Finance and Economic
Development, after first registering with the Sierra Leone Association of Non-governmental Organizations
(SLANGO).

2. A not-for-profit company (NPC) is regulated under the Registration of Business Acts 2007 and registers
with the Registry’s Department, which is an independent body for the registration of legal instruments in the
country. NPCs can be formed for various purposes, including member or community benefits. They are
allowed to engage in business activity, provided the profit is used to further the not-for-profit purposes of the
organization.
3. A community-based organization (CBO) is “a group of community members working together as an
independent non-profit making charitable organization,” according to the NGO Policy 2009. Apart from this
definition, there is no law, policy or regulation that specifically governs community-based organizations;
indeed, the NGO Policy 2009 excludes CBOs from the scope of the Policy by stating that a CBO cannot register
as an NGO. In practice, a CBO can either register with local governments or with the Ministry of Social Welfare.
Public Benefit Status
There is no public benefit or tax exempt status that is generally available for all CSOs in Sierra Leone. Instead,
certain organizational forms are conceived of as specialized forms, which are subject to limited permissible
purposes and supported by specific fiscal incentives. For example:
NGOs are accorded public benefit status and therefore qualify for tax exemptions under the
National Revenue Authority Act and the NGO Policy. NGOs are eligible for a waiver from import
duties as well.
Not-for-profit companies are exempt from certain taxes and granted a duty-free waiver under the
Registration of Business Act 2007. Not-for-profit companies can also engage in economic
activities, provided that the profit is used to further the not-for-profit purposes of the
organization.
Community-based organizations and other civil society organizations are not granted “public benefit” or
tax-exempt status.
Barriers to Entry
Many CSOs are unregistered and operate freely, provided that they carry out their activities within the confines
of the law. There is no penalty for operating unregistered groups in Sierra Leone.
The law is permissive with respect to potential founders of CSOs. Anyone may form a not-for-profit company
or a community-based organization, including both foreigners and Sierra Leoneans. The same is generally true
for NGOs as well; the only limitation is that founders/members of an NGO should not consist of people from
one family.
Establishment requirements vary depending on the organizational form. To set up a community-based
organization requires initial founding members of at least five people living in the community. To form a
not-for-profit company, the law requires a board and partnership members. To establish an NGO, the law
requires at least five full/part time staff (excluding messengers and drivers, but including secretaries). In
addition, NGOs are required to have office space, a sign board visibly displayed, accessible postal address, and
an organizational bank account.
In order to be registered as an NGO, applicants must submit a completed application to the NGO Unit within the
Ministry of Finance and Economic Development (MoFED). There are a number of registration requirements and
rules that raise potential concerns, depending on the implementation. They include the following:
The NGO Unit may conduct “field or office verification of the application”;
NGO applicants may be required to attend an interview with the NGO Unit;
Successful NGO applicants must sign an “Agreement with GOSL”;
Registration fees are determined periodically by the NGO Supervisory Committee;
NGO applicants are permitted to re-submit an application, following an initial denial of
registration, but have no right to appeal the denial to an independent arbiter.
In practice, some NGOs are subject to excessive delays; the Society for Democratic Initiatives, for example, has
been forced to wait nearly 2 years since it filed for registration, and has still not received a response to its
application from the MoFED.
NGO registration is valid only for two years, and therefore must be renewed on a regular basis. Renewal of
registration is dependent on the submission of documentation and an “independent assessment of the

performance of NGOs” by MoFED. In order to satisfy MoFED, NGOs must submit any or all of the following:
A summary of final donor project narrative and financial reports;
Audit reports on projects or the organization itself; and/or
Proof of registration with the Sierra Leone Association of Non-Government Organizations
(SLANGO).
A certification of incorporation can be issued for not-for-profit companies based on the submission of a
detailed Memorandum of Association, which includes information on the partners, board and name and place
of business. The law allows for no appeal from a denial of registration; instead, the applicant has the right to
re-apply.
Community-based organizations are required to submit a constitution, list of members in the community, and
a report on past activities; and to pay a fee to the Ministry of Social Welfare and Children’s Affairs or Local
Councils. Here again the Government can deny registration, but this seldom happens.
Foreign NGOs need accreditation from their government or embassy, proving their legal status and credibility
before they can operate in Sierra Leone.
Barriers to Operational Activity
Of all organizational forms, it is NGOs that are subject to a number of legal barriers affecting their operational
activity.
First, NGOs must sign an “Agreement” with the Government of Sierra Leone before they can commence
operations. This is interpreted to mean that every project implemented in Sierra Leone by NGOs must be
approved by the sectoral ministry concerned and by the Ministry of Finance and Economic Development. No
project shall be implemented by an NGO in the country without prior approval.
Second, NGOs are subject to stringent reporting and supervisory requirements. NGOs must submit annual
reports for all projects implemented. NGOs must submit details of “all funds committed by donors for project
implementation,” including the amount committed, sources of funding, details of donors and any details of
installment arrangements or other donor requirements. And NGOs are subject to site visits without prior
notice.
Third, the NGO Policy states that all assets purchased or acquired with donor funds should be the property of
the people of Sierra Leone who are the beneficiaries – rather than of the NGO itself.
Fourth, NGOs are subject to sanctions (which could include cancellation of duty-free concessions and/or
suspension or cancellation of certificate of registration) for failing to comply with the provisions of the NGO
Policy, for acting in contravention of its stated objectives, and where the “NGO shows by its nature, composition
and operations over the years that it is not developing/promoting the capacity of Sierra Leoneans in the
management of its operations.”
In addition, a major concern for the sector relates to the role of the Sierra Leone Association of
Non-governmental Organizations (SLANGO). Membership in SLANGO has essentially become a requirement for
NGOs, as it is a key factor in the Government’s decision on annual re-registration. In effect, therefore, SLANGO
is arguably becoming an instrumentality of Government, rather than a truly independent umbrella group and
voice for the NGO sector. Recently, an NGO Timap for Justice was denied registration of its vehicles, because it
is not a member of SLANGO.
Finally, CSO activists have on several occasions been victims of death threats and attacks on property. No
official statements from Government condemning the threats and attacks have been issued. The State has a
role in providing a secure environment for all of its citizens, civil society activists included.
Barriers to Speech / Advocacy
Sierra Leone still maintains Part V of the Public Order Act (POA) 1965, which criminalizes libel and sedition.
Specifically, the POA prohibits and criminalizes the reporting of false news and places the burden of proof on
the accused. Advocacy-based CSOs that criticize government policy or monitor government performance may
be constrained by the POA. Though the law has been used sparingly, recent developments have witnessed the
National Elections Watch (a local CSO) being charged in court by a Member of Parliament, thus demonstrating
that the law can be used to muzzle civil society in the country.

While the NGO Policy excludes NGOs from engaging in human rights issues and political advocacy, other
organizational forms, including not-for-profit companies and community-based organizations, are free to
engage in such issues, including criticism of government.
Barriers to International Contact
There are no longer barriers in Sierra Leone restricting international contact or communication.
Barriers to Resources
There are no legal barriers to funding sources for civil society in Sierra Leone.
NGOs are expected, however, to disclose all funding sources to the Ministry of Finance and Economic
Development. This includes “sources of funding”, “details of donors and any details of installment arrangement
or other donor requirements.” [1]
More disturbingly, assets transferred to build the capacity of local NGOs should be routed through the Sierra
Leone Association of Non-governmental Organizations (SLANGO) and the Ministry of Finance and Economic
Development (MoFED). It is unclear how this will be implemented in practice.
[1] Article 2.7 of the NGO Policy 2009
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Reports
UN Universal Periodic Review Reports Sierra Leone will be reviewed in 2011
Reports of UN Special Rapporteurs
Sierra Leone
USIG (United States International
Grantmaking) Country Notes
Not Available
U.S. State Department
2008 Country Reports on Human Rights Practices: Sierra
Leone
2009 Advancing Freedom and Democracy Reports: Sierra
Leone
Failed States Index Reports Foreign Policy: Failed States Index 2012
IMF Country Reports
International Commission of Jurists
Sierra Leone and the IMF
Not Available
International Center for Not-for-
Profit Law Online Library
Not Available
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News and Additional Resources
While we aim to maintain information that is as current as possible, we realize that situations can rapidly
change. If you are aware of any additional information or inaccuracies on this page, please keep us informed;
write to ICNL at ngomonitor@icnl.org.
General News
Civil Society rep complains of social injustices (May 2013)
The 2013 Human Development Index (HDI) report presented by the United Nations Development Programme at
State Hall of the House of Parliament has indicated that Sierra Leone, among 187 countries is ranked 177,
suggesting speedy progress as against previous years. In the midst of this UNDP accolade, a representative of
Civil Society organizations in the country, Abu Brima, who is the Director of Network Movement for Justice and

Development (NMJD), highlighted a number of social injustices prevalent in the country, as the report unveils.
Abu Brima, questioning whose prosperity does the “Agenda for Prosperity” caters, said that lecturers are still on
strike, as a result of delay in salary payment, thereby deterring academic progress in the country. He said that
no country can attain human development without making remarkable success in education, for which, he said,
the government should pay considerable attention on education.
Protestors killed at mine in Kono (December 2012)
Reports from Kono, Eastern province of Sierra Leone, state that four mine workers of OCTEA mining company,
formerly Koidu Holdings, were allegedly killed by officers of the Sierra Leone Police (OSD personnel), following a
protest for payment of bonuses and better conditions of service . Witnesses say it started on Saturday, 15
December, 2012 when hundreds of youths barricaded the entrance to the company and demanded that their
concerns be addressed by the company. It is reported that these aggrieved workers gathered at the Tankoro
Chiefdom, where the kimberlite mining company does its operations, and started pelting stones at the vehicles
belonging to the company. Sources revealed that the incident became worse, which forced the Police to quell
down the situation.
Carter Center statement on Sierra Leone elections (October 2012)
Sierra Leone’s upcoming presidential, parliamentary, and local council elections represent a critical test for the
country’s emerging democratic institutions 10 years after the end of the civil war. Carter Center observers
report that the campaign period has been generally peaceful, allowing political parties to assemble freely and to
convey their message to potential voters. The Carter Center calls on political parties to redouble their efforts to
promote women candidacies and leadership roles within their ranks, and encourages the All Political Parties
Women Association, the Campaign for Good Governance, and other civil society organizations to pursue their
advocacy work on behalf of aspiring women candidates and office holders.
Freedom of Information Bill willfully ignored (October 2012)
Outgoing members of parliament came under serious criticism from civil society for "willfully failing to pass
into law the Freedom of Information (FOI) Bill", which has been in parliament for a very long time. In an
interview at his office in Freetown, chairman of the Coalition of Civil Society and Human Rights Activists in
Sierra Leone, Charles Mambu, expressed his coalition's disappointment at MPs "for deliberately failing to make
the FOI Bill become a law." He stated that MPs were busy passing other bills and agreements, some of which
they have no understanding about, but refused to ratify a bill he said is very essential to good governance and
democracy.
Civil Society monitoring groups trained (July 2012)
A training was held in Sierra Leone to provide monitors with the necessary skills in assessing the level of
compliance in the implementation of the National Anti-Corruption Strategy (2011-2013). The Head of Public
Education Unit Ms. Koloneh Sankoh stated that the need for the monitors to live by the codes of conduct and
ethics of the job is paramount. She advised the civil society monitors to do their job with integrity and
confidentiality and to try to avoid the tendency of conflict of interest in the dispensation of their duties. The
monitoring exercise is expected to start in August this year.
New legal aid law in Sierra Leone embraces the role of paralegals (May 2012)
Sierra Leone’s parliament has enacted one of the most progressive legal aid laws in Africa—with an innovative
approach to providing access to justice for all that will reinforce the rule of law in a society still scarred by the
brutal civil war that ended in 2002.[...]The bill provides for a mixed model of criminal and civil legal aid, from
provision of legal information and mediation services through to representation in court, and supplied through
a public/private partnership of government, private sector and civil society.
Prosecutor Hollis applauds the people of Sierra Leone following Charles Taylor’s conviction (May 2012)
On a tour of five provinces throughout Sierra Leone, Prosecutor Brenda J. Hollis hailed the resilience and
determination of all Sierra Leoneans in demanding justice and accountability for the crimes committed against
them during the 11-year armed conflict. Village elders, youth leaders, women’s civil society representatives,
officers from the military, the police and the prison service, villagers and townspeople, gathered with the
Prosecutor to express relief and satisfaction with the conviction handed down by the judges.
Continued delay in Parliament vote on Freedom of Information bill (April 2012)
The legislation would allow members of the public to obtain access to information held by public bodies,
including information that was previously inaccessible, or that was considered sensitive such as government
contracts with multinational companies. The bill was introduced in the House of Parliament in September 2010,
and by October 2011 had gone through the first, second, third and committee stages, but a final vote is yet to
take place. The bill will provide a means by which people can know about their rights and entitlements, identify
when their rights are being violated and hold the government to account for its constitutional and international
human rights obligations.
News Archive

Break-in at the office of the Women's Centre for Good Governance and Human Rights (August 2011)
Civil society in the country must be accountable (Part One) (July 2011)
Court acquits civil society activists from criminal and seditious libel law in Sierra Leone (December 2010)
In Sierra Leone, civil society frowns at procurement procedures (December 2010)
Sierra Leone: HRC-SL, Unipsil hold consultations with CSOs (August 2010)
UK leads EU efforts to improve human rights in Sierra Leone (July 2010)
Sierra Leone cabineta pproves Freedom of Information bill (June 2010)
Sierra Leone woman barred from becoming chief (December 2009)
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The foregoing information was collected by the ICNL NGO Law Monitor partner in Sierra Leone: Emmanuel Saffa
Abdulai, Society for Democratic Initiatives, Sierra Leone.
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