cons Web viewThis Sub-Committee document sets out a transformative vision for a revised Constitution that will withstand the passage of time. The Sub-committee firmly believes

Constitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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Consultation document for a proposed new chapter on management and administration of Land, Natural Resources and the Environment in the 1991 Constitution of Sierra Leone

Compiled by:

CRC Sub-committee on Lands, Natural Resources and the Environment

Foreword from the Chair and ranking members

This Sub-Committee document sets out a transformative vision for a revised Constitution that will withstand the passage of time. The Sub-committee firmly believes that enacting specific constitutional provisions on management and administration of land, natural resources and the environment for the first time in the Constitution of Sierra Leone will revolutionize the nation’s traditional view of the environment and encourage citizens to adopt a more cautionary approach to their relationship with nature and to the exploitation of its bountiful gifts.

Introducing this new chapter will create a body of law consistent with global best practice and enhance the enduring nature of statehood. Constitutions perpetuate states and states needs an environment, an ecosystem and a place on a map to function effectively. The insurance for the continued existence of the State which the constitution intends to guaranty is dependent on how best we protect the land; natural resources and the environment. At a time when environmental issues are endangering the existence of states, it would be tragic oversight if a Chapter on the environment is not supremely placed in the supreme law of the land,

In doing so, we have devised probing questions to provoke deep discussions and to broaden the scope of consultation on the subject. We are certain that through genuine participation and active involvement of citizens from all sectors of the society in this consultative stage of the constitution-making process, we shall all, emerge with a Constitution fit for its purpose -

Providing a stimulus for stronger laws or remedial actions; bolstering the implementation and enforcement of existing laws,

regulations and policies on environment, land and natural resources Offering a safety net; filling gaps in environment, land and natural

resources legislations and Protecting related laws and regulations from rollbacks under future

governmentsWe hope you get involved in the process. We commend this document to you.

QuestionnaireConstitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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Confidentiality

The information you provide will be held by us. It will only be used for the purposes of consultation and research to help the sub-committee to become more informed in recommending environmentally related provisions for inclusion in the proposed constitution.

We will treat your identity in confidence, if you disclose it to us. However, your organisation’s views may be made public in due course by either the CRC or government. .

Are you responding on behalf of an organisation?

Yes. please complete Section 1

No. please complete Section 2

Section 1

If you are completing the consultation on behalf of an organisation and would like us to consider publishing the views of your organisation, please indicate this below.

Organisation: ______________________________________________________________

Your position in the organisation: ______________________________________________

Section 2

Which of the below best describes you? Please tick one option.

I amConstitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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a Lawyer, Magistrate or Judge

Civil servant staff a lecturer or teacher a law enforcement

officer

Community activist a farmer a local government official An employee of EPA.

SLIEPA, EITI

a paramount chief or a tribal authority

NGO worker/ Consultant

Land Owner Land Developer a member of the generalpublicother (please specify)

A Member of Parliament or Minister or Councillor or Headman

Environmentalist Civil society

Management and Administration of Natural Resources

Q1. To what extent do you agree or disagree with the proposal that environmental related issues should be recognized in the Constitution of Sierra Leone?

StronglyAgree

Agree

Neitheragree nordisagree

Disagree

Strongly disagree

Don’t know

Comment:


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Q2. To what extent do you agree or disagree with the proposal that there should be a separate environmental court with the status of a high court?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q3. To what extent do you agree or disagree with the proposal that the State should establish National and Regional Land Commission as well as Land Management Committees in City Municipalities to manage land issues?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q4. To what extent do you agree or disagree with the proposal that the Constitution should mandate the State to stipulate conditions or principles under which land is held and used?


5

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q5. To what extent do you agree or disagree with the proposal that public and State lands should be vested in the national government or a National Land Commission in trust for the people of Sierra Leone?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q6. To what extent do you agree or disagree with the proposal that existing customary and statutory land tenure systems should be harmonized in order to eliminate unlawful discrimination to “non-natives” and managed under conditions prescribed by Parliament?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q7. To what extent do you agree or disagree with the proposal that the State should devise mechanisms for recording customary land rights and give them legal recognition in statutes?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q8. To what extent do you agree or disagree with the proposal that interest in and right over land should be vested in non-citizens?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q9. To what extent do you agree or disagree with the proposal that non-citizens should be given usufruct1 right to land?StronglyAgree

Agree Neitheragree nordisagree

Disagree Strongly disagree

Don’t know

1 the temporary right to the use and enjoyment of the property of another, without changing the character of the propertyConstitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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Comment:

Q10. To what extent do you agree or disagree with the proposal that all deeds, agreements or conveyances of whatever nature which have hitherto conferred freehold ownership to non-citizens of Sierra Leone should be rendered null and void?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q11. To what extent do you agree or disagree with the proposal that the maximum number of years that foreign investors may acquire land for investments or other purposes should be 50 years plus a renewable 25 years period? StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q12. To what extent do you agree or disagree with the proposal that more land should be allocated for the production of Bio-fuel in Sierra Leone?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q13. To what extent do you agree or disagree with the proposal that land grabbing2 should be outlawed in Sierra Leone?StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q14. To what extent do you agree or disagree with the proposal that the both men and women should enjoy equal rights to land before marriage, in marriage and after marriage, and on succession to rights in land?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

2The proliferating acquisition of large farmland in developing countries by other countries seeking to ensure their food and biofuel supplies


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Comment:

Q15. To what extent do you agree or disagree with the proposal that should men and women be given equal and inalienable rights to access, own, inherit and dispose land through statutory systems? StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q16. To what extent do you agree or disagree with the proposal that women should access, buy, own and inherit land and property through customary systems especially in rural areas?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q17. To what extent do you agree or disagree with the proposal that a certain percentage of the national territory should be acquired and constituted into grazing reserves?


10

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q18. To what extent do you agree or disagree with the proposal that all existing land laws should be reformed to ensure coherence or conformity with liberal economic policies?StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q19. To what extent do you agree or disagree with the proposal that land law reforms should respond to socio-political and made more relevant to prevailing conditions?StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q20. To what extent do you agree or disagree with the proposal that management and administration of lands should be decentralized?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q21. To what extent do you agree or disagree with the proposal that the government should levy progressive land tax on all lands allocated to commercial investments in rural and urban areas?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q22. To what extent do you agree or disagree with the proposal that duty and other tax breaks and customs duty exemptions should be removed on investments in tree crops include palm oil and rice?

Strongly Agree Neither Disagree Strongly Don’t Constitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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Agree

agree nordisagree

disagree

know

Comment:

Q23. To what extent do you agree or disagree with the proposal that there should not be 100% foreign ownership in all investment sectors?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q24. To what extent do you agree or disagree with the proposal that there should be restrictions on foreign exchange, full repatriation of profits, dividends and royalties and limits on expatriate employees?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q25. To what extent do you agree or disagree with the proposal that the conservation of a healthy environment or nature should be a duty for all citizens?StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q26. To what extent do you agree or disagree with the proposal that the conservation of a healthy environment or nature should be a duty for the State?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q27. To what extent do you agree or disagree with the proposal that the state should maintain 10% of tree cover?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know


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Comment:

Q28. To what extent do you agree or disagree with the proposal that animal hunting should be regulated? StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q29. To what extent do you agree or disagree with the proposal that the right to compensation for the violation of any fundamental environmental right and freedom be enshrined in the Constitution?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q30. To what extent do you agree or disagree with the proposal that the right to compensation for a loss caused by an effect on the environment should be enshrined in the Constitution?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q31. To what extent do you agree or disagree with the proposal that financial penalties ordered by the courts for damages done to the environment, should be directed to and rig-fenced for specific environmental projects within the community where the offence or crime was committed or should it be placed in the ‘consolidated fund’?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q32. To what extent do you agree or disagree with the proposal that citizens should have the right to challenge or resist orders which attempts to eliminate the democratic order of environment rights?StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know


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Comment:

Q33. To what extent do you agree or disagree with the proposal that the State should ensure that the right of citizens (particularly in rural settings) to use customs and traditions for natural resource conservation is guaranteed and protected?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q34. To what extent do you agree or disagree with the proposal that the Constitution should mandate Parliament to enact and enforce laws to give full effect of the provisions of this Chapter? StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q35. To what extent do you agree or disagree with the proposal that the State should protect the diversity and integrity of the environment; conserve areas of special ecological importance, and foster education for sustainability for the achievement of these ends?Constitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q36. To what extent do you agree or disagree with the proposal that the Constitution should impose a binding obligation on the State to observe international regional and bilateral principles and protocols aimed at improving the state of global environment?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q37. To what extent do you agree or disagree with the proposal that the Constitution should make it illegal for the State to engage in Carbon trading?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q38. To what extent do you agree or disagree with the proposal that Slash-and- burn agriculture and other environmentally unfriendly practices should be banned in Sierra Leone?StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q39. To what extent do you agree or disagree with the proposal that the protection of places and objects of historical significance should be enshrined in the Constitution?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q40. To what extent do you agree or disagree with the proposal that the State should use flexible and targeted measures to promote self-regulation in lieu of directive legislation, active enforcement and prosecution?

StronglyAgree

Agree Neitheragree nor


Don’t know


19

disagree

Comment:

Q41. To what extent do you agree or disagree with the proposal that the calculation of GDP should take account of depreciation values of natural resources?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q42. To what extent do you agree or disagree with the proposal that the State should establish a National and Regional Environment Commission as well as Environment Management Committees in City municipalities, towns and villages?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q43. To what extent do you agree or disagree with the proposal that State institutions with legislative mandates to manage our natural resources and protecting the environment should be institutionally aligned with institutions responsible for managing the economy?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q44. To what extent do you agree or disagree with the proposal that the State should establish a National Commission and/or Regional Committees to manage and administer all artisanal mining, logging and fishing activities?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q45. To what extent do you agree or disagree with the proposal that all minerals, in their natural state in, under or upon land and/or water bodies should be vested in the President on behalf of and in trust for the people of Sierra Leone?


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StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q46. To what extent do you agree or disagree with the proposal that all minerals in their natural state in, under or upon land and/or water bodies should be vested in a National Natural Resource Commission on behalf of and in trust for the people of Sierra Leone?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q47. To what extent do you agree or disagree with the proposal that a certain percentage of proceeds from natural resources (mining, logging, fishing, etc.) should be ring-fenced for social services and national development project that will benefit local communities directly.

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q48. To what extent do you agree or disagree with the proposal that management of natural resources should be pursued in ways that take cognizance of: public ownership, community involvement in the award of licenses and concessions, open and transparent reporting of revenues from mineral resources, and equitable distribution of wealth from natural resources, among others?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q49. To what extent do you agree or disagree with the proposal that the burdens and benefits of the use of natural resources should be shared equitably between present and future generations?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q50. To what extent do you agree or disagree with the proposal that the government should enact legislation to make OGI (Open Government Initiative) and EITI (Extractive Industry Transparency Index) statutory agencies of the State?

Strongly Agree Neither Disagree Strongly Don’t Constitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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Agree

agree nordisagree

disagree

know

Comment:

Q51. To what extent do you agree or disagree with the proposal that the State should establish an environmental court with status of a high court or cause to open an environmental division within the judiciary to hear and determine disputes relating to … the environment and the use and occupation of, and title to, land?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q52. To what extent do you agree or disagree with the proposal that the State should establish a separate prosecuting authority to prosecute crimes against the environment?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q53. To what extent do you agree or disagree with the proposal that the EPA or other environmental institutions in Sierra Leone should concern themselves with environmental education, promotion and self-regulation or with directive legislation and active enforcement and prosecution and that this should be enshrined in the Constitution?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q54. To what extent do you agree or disagree with the proposal that the Constitution should direct the State to enact a legislative outline of appropriate criteria to guide how it ought to intervene in matters pertaining to suspected contraventions of environment and other related legislation?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q55. To what extent do you agree or disagree with the proposal that the social or economic objectives of the Constitution should include forging strategic alliances and working partnership with industries, local government and communities in support of environmental objectives?Strongly Agree Neither Disagree Strongly Don’t Constitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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Agree

agree nordisagree

disagree

know

Comment:

Q56. To what extent do you agree or disagree with the proposal that in its Preamble, the Constitution of Sierra Leone should declare that: all economic activities carried out by or on behalf of the State or by corporate entities or individuals must take cognizance of the cautionary principle; intergenerational and intra-generational equity; the protection of biological diversity and prevention of environmental degradation?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q57. To what extent do you agree or disagree with the proposal that all citizens should be ensured environmental rights, equitable access to environmental resources, goods and services, sustainable use and equitable distribution of benefits obtained from such use, access to environmental information, and the right to participate in the environmental decision-making process as fundamental rights?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q58. To what extent do you agree or disagree with the proposal that all ratified agreements relating to natural resources should be reviewed to take cognizance of the new constitutional provision?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q59. To what extent do you agree or disagree with the proposal that to maintain productive agricultural land and viable agricultural communities, Government should severely restrict urban and rural development in some areas?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q60. To what extent do you agree or disagree with the proposal all negotiations with regards to Foreign Direct Investments must include representatives of institutions responsible for management of natural resources and institutions responsible for managing the economic purse of the Country?

StronglyAgree

Agree Neitheragree nor


Don’t know


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disagree

Comment:

Q61. To what extent do you agree or disagree with the proposal that government should invest a certain percentage of proceeds from natural resources in the private sector?StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q62. To what extent do you agree or disagree with the proposal that the purpose of education is to create awareness and understanding of the nexus between development and lifestyle issues and to promote values and lifestyles choices consistent with the core principles of life in democracy; regard and respect for others; a commitment to justice and democratic processes and a readiness to be involved productively in community life – at the scale of local, national and global?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:


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Q63. To what extent do you agree or disagree with the proposal that the education system of Sierra Leone should in the light of the above question be reoriented to reflect the aspirations it contained?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

Q64. To what extent do you agree or disagree with the proposal that Sierra Leone should have a National Curriculum that mainstreamed environmental education?

StronglyAgree

Agree


Disagree

Strongly disagree

Don’t know

Comment:

What did you think of this consultation?One of the commitments in our strategic plan is to monitor whether our consultations are accessible to those wishing to take part particularly the stakeholders we have identified.

Please tell us what your thoughts are about this consultation by answering the questions below.


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Agree

Neither agree ordisagree

Disagree

Don’t Know

1. I found the consultation information clear and easy to Understand.

2. I found the consultation easy to find on the CRC website

3. I had enough information about the consultation topic.

4. I would take part in a future CRC consultation.

5. How did you hear about this consultation? CRC website, Facebook, Newsletter and email alerts service SLBS and Independent Radio Stations CRC members and secretariat employees CRC Consultation forum Public engagement organised by UNDP and other organisations

(please specify, if known)Other (please specify)

6. Is there anything you would like us to improve on or do differently for the next district consultation? If so, please tell us below.

Thank you for taking part in our consultation.

Additional questions about you

Your answers to the following questions will help us to evaluate how successfully we are communicating messages to all sections of society.

We would like to assure you that all responses are confidential and you do not have to answer every question.


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Please tick the appropriate box.

1. Gender

Male Female

2. Age

Under 15

15 -35

36 – 55

56-65

66-75

76-80

80 +

3. Ethnic groupa) How would you describe your national group?

Easterner

Westerner

Northerner

Southerner

b. How would you describe your tribal group?

Limba YalunkaMandigo TemneMende Fula Vai Kisi Susu Kono Sherbro Krio Kono Loko Koranko

4. Religion

Muslim Christian Other

5. DisabilityConstitution Review Sub-Committee: consultation on the introduction of a new proposed Chapter on Lands, Natural Resources and Environment in the 1991 Constitution of Sierra Leone. Friday, 05 May 2023

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Do you consider yourself to have a disability

Yes No

6. Employment

Do you consider yourself employed

Yes No

PUBLIC COMMENTS:


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POEM

AFTERAfter they would have disembowelled the landAnd rip its entrails like a hyena will do to a preyAfter they would have exhumed the ore and gold in her wombAnd leave a trail of tombsAfter they would have extracted the bauxiteAnd leave behind a gaping wound in our cocoa farmAfter they would have moved our village from its ancestral anchor to a desecrated part of the forestAfter y they would have exhumed our ancestors leaving us to endure their wrathAfter they would have mutilated the genitals of culture leaving us to bleedAfter they would have erased all our taboos and limitation leaving us, bareLike bared foot dancers on embers of fireAfter they would have raped our dignity and rob our integrityLeaving us draped in self-deprecationAfter they would have turned the lush forest to wastelandAnd leave a barren land to vomit our seedsAfter they would have reduced us to slaves chained to povertyAnd leave us in rags while they take our riches awayAfter they would have left to celebrate the gainsWhile we cringe in painAfter they would have polluted all our sources of waterAnd we are left to echo the cry of the ancient mariner;“Water everywhere and not a drop to drink”After they would have left our Rokel River a burning inferno like the CuyahogaAnd we are left at its bank spitting spittle to quench the fireAfter they would have poisoned the airAnd we are left gasping for breathAfter we would have stop the bickering about our differencesAnd see the uniformity of our tragedyAfter all became like the wasteland of the final trumpetWe would then realize that we have destroyed our paradiseThis time with eyes wide open and mind firmly shut.

BY: OUMAR FAROUK SESAY


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Documents

cons Web viewThis Sub-Committee document sets out a transformative vision for a revised Constitution that will withstand the passage of time. The Sub-committee firmly believes