At ECOWAS Court of Justice

Victory For Pregnant School Girls In Sierra Leone

By Sylvester Samba

The Economic Community of West African States (ECOWAS) Court of Justice based in Abuja, Nigeria, on Thursday 12th December 2019, ordered the government of Sierra Leone to lift the ban on pregnant school girls with immediate effect. The Court, in its ruling, found that the government breached the right of pregnant girls to education by prohibiting them from accessing school.

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In the judgment, the Court found the government of Sierra Leone had not only put in place a discriminatory policy barring pregnant girls from school but also failed to implement measures to reduce teenage pregnancies in line with the National Strategy for the Reduction of Teen Pregnancies, which was adopted after the civil war.

Further, the court found the government had discriminated against the girls by setting up parallel schools that were suboptimal and limiting in scope of subjects. Four subjects taught for three days a week.

In a landmark decision for the West African Region and Africa in general, the court again ordered the government of Sierra Leone to put in place measures including social programs to address increased numbers of teenage pregnancies and sensitize the communities against discrimination.

Speaking in Abuja at the sidelines of the judgment reading, Miss Hannah Yambasu, Executive Director of Women Against Violence, and Exploitation in Society (WAVES) said she was overjoyed.

A victory for the girls who have been dehumanized since 2014

The government has no option but to comply with the obligations declared by the Court. WAVES, Child Welfare Society, Equality Now, and Institute for Human Rights and Development in Africa IHRDA filed the case against the Sierra Leone Government in May 2018.

Ms. Judy Gitau, Africa Regional Coordinator at Equality Now, was also at the court as the agent of the girls was excited by the outcome of their case. The girls have had their day in court and have emerged victorious. The ECOWAS Court has given them their voices back and by that a chance at life again.

Amnesty International, who was Amicus Curiae in the case, also was present at the judgment reading.

The Court sought to set the record straight regarding what policy was since the government of Sierra Leone had initially denied the existence and claimed it was an unfortunate statement by their Minister. The Court held that the government took what was a sporadic practice and entrenched it as State policy banning pregnant girls from accessing school on account of their status.

Sexual violence remains widespread in Sierra Leone with women and girls, who constitute more than 50 percent of the population, bearing the brunt of these violations. In 2018 the Family Unit of the Sierra Leone Police recorded 8,505 rape cases including 2,579 cases that involved minors. Admittedly many more went unreported because of the existing gaps in the country’s reporting systems as well as the stigma associated with this violation. The situation became so dire that the Head of State declared rape a national emergency in 2019.

The ECOWAS Court of Justice specifically held that: There exists a policy which was discriminatory against pregnant schoolgirls in Sierra Leone as it barred pregnant schoolgirls from attending mainstream schools. Consequently, the court held that the Government was in breach of its commitments and responsibility under both local and international law particularly Articles 2, 3, 17, 18, 25 of the African Charter; Article 21 and 28a of the Convention on the Rights of the Child and Articles 1 and 3 of the Convention Against Discrimination in Education.

About alternative schools for pregnant girls, the Court held that the establishment of separate schools for pregnant with four taught subjects operating three days a week was discriminatory and a violation of the right to equal education.

The Court also asked the Government of Sierra Leone to develop strategies and nationwide programs that focus on reversing negative societal attitudes that support the discrimination and bias against pregnant girls.

These strategies and programs must enable teenage mothers to attend school.

The Government of Sierra Leone also ordered to integrate Sexual Reproductive Health Rights in the school curriculum. Increase knowledge of family planning and contraceptive to address the high rate of teenage pregnancy.

The New Direction government has an opportunity now to reverse a ban instigated by the former APC government led by Ernest Bai Koroma.

About WAVES

Women Against Violence and Exploitation in Society (WAVES) is a registered indigenous non-governmental organization with its vision, mission, and values geared towards women’s empowerment and protection. WAVES strive towards the achievement of a non-violent, non- discriminatory, and non-exploitative environment for women and children, especially the 'girl-child.' An environment that has respect for humanity, dignity, and equality before the law.

About Equality Now

Equality Now is an international non-governmental, human rights organization that was founded in 1992 to advance the rights of women and girls across the world. The organization holds governments responsible for ending legal inequality, sex trafficking, sexual violence, and harmful practices, such as Female Genital Mutilation (FGM) and "child marriage." While working through various projects, Equality Now champions legal and systemic change by setting important legal precedents and exposing barriers that hinder access to justice.

Equality Now has therefore been working with WAVES, Defence for Children International (DCI) Sierra Leone, Women’s Partnership for Justice and Peace (WPJP), Graceland Sierra Leone, Child Welfare Society (CWS), and the Education for All Coalition – Sierra Leone, to call on the government to lift the ban on pregnant girls attending regular schools. To ensure that schools are safe spaces for girls, and to ensure that perpetrators of sexual violence against girls are punished.

About We are Purposeful

Purposeful is a feminist movement-building hub for adolescent girls. We amplify girls’ voices, resource their resistance, build solidarity between and across girls’ movements, catalyze collaborative philanthropy, and support innovation in grassroots programming with/ and for girls.

Purposeful convened a coalition for girls’ education in Sierra Leone, launched a political advocacy campaign underpinned by media outreach to bring attention to the injustice of Sierra Leone ban on pregnant girls’ school attendance.

The Coalition for Girls Education

Comprises over 30 organizations among them, national NGOs, UN Agencies, and international NGOs that focus on conveying the importance of girls’ access to education. The national conversation on the impact of the ban on the rights of girls in Sierra Leone. Besides, the Coalition for Girls Education is a subset of the Sierra Leone Adolescent Girls Network and works to empower adolescent girls with improved health, social, economic, and cognitive assets while protecting their human rights and elevating their status in their communities.

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