BLACK SOCIAL HISTORY
Posted in Africa, History, New Media, Politics/Public Policy by Steven                                                              |
The History and Evolution of Racism and Discrimination in Sierra Leone
The Sierra Leone Daily Mail
In 1961, the independence constitution of Sierra Leone created a single nationality, without any distinction by race, ethnic group or sex. ‘Every person’ born in the former colony or protectorate who was a citizen of the United Kingdom and colonies or a British protected person on 26 April 1961 became a citizen of Sierra Leone on 27 April 1961, unless neither of his or her parents nor any of his or her grandparents was born in Sierra Leone.
The 1961 constitution also had an extensive bill of rights guaranteeing the protection of the rights of all individuals without discrimination. Thus, the small population of ‘Lebanese’ and the offspring of interracial marriages were all recognized as citizens of Sierra Leone. Within a year after independence, Sierra Leone’s constitutional provisions on citizenship were amended twice to become more restrictive and discriminate against individuals on the basis of race, colour and sex. First, the words ‘of negro African descent’ were inserted immediately after the words ‘every person’, to apply retroactively from the date of independence.
Then the non-discrimination clause that prohibited any law that is ‘discriminatory of itself or in its effect’ was amended to exclude laws relating to citizenship. Individuals who were not of ‘negro African descent’ but who had acquired citizenship by virtue of the 1961 constitution were thus stripped of their citizenship of Sierra Leone after less than a year. (In Britain, meanwhile, the 1962 Commonwealth Immigrants Act introduced for the first time restrictions on immigration to Britain for citizens of former colonies. Though not explicitly racial in its language, the new provisions were aimed at non-white immigrants from the newly independent countries of Africa and the Caribbean; the effect was to leave some residents of former British colonies with no right of citizenship in any country.)…
…The change to the law was motivated by political considerations; in particular, to narrow the set of candidates eligible to contest elections due to be held in 1962, by depriving Lebanese and mixed-race Sierra Leoneans of the political rights conferred by citizenship. Subsequent laws restricted the rights of non-citizens to acquire property both in the Western Area (the historic colony, near Freetown) and in the provinces (though it did not take any right away from those non-citizens who had already purchased property in the Western Area)…
…John Joseph Akar, a prominent mixed-race Sierra Leonean with political ambitions, became the best-known case of those affected by the changes to citizenship law and the face of efforts to reverse them. Akar’s mother was a black Sierra Leonean; his father was of Lebanese origin and thus not ‘of negro African descent’, though he had never visited Lebanon. When Sierra Leone became independent on 27 April 1961, Akar automatically became a citizen by operation of the constitution, as both he and one of his parents had been born in Sierra Leone. With the 1962 amendments, however, he lost his citizenship by birth; though he did apply for and was granted citizenship by registration. He challenged the amendments in court. In his application, he contended that the true intention of the amendments was to exclude persons not of ‘negro African descent’ from being elected to the House of Representatives. He succeeded in the High Court, but the Court of Appeal subsequently reversed the decision…
…Persons who were Afro-Lebanese (i.e. those whose mothers were black Sierra Leonean and whose fathers were not ‘negro’ African) could apply to be naturalized under this provision (though no procedures to do so were established). The 1973 Act does not define who is a ‘negro African’, and the 1962 amendment had also provided little clarity. The presumption was that the phrase meant black African, reducing the essential condition for the acquisition of citizenship to the colour of the person’s skin. Thus a black man’s children by a Sierra Leonean black woman were citizens by birth wherever they were born. A white or mixed-race man’s children by a Sierra Leonean woman could acquire Sierra Leonean citizenship only by naturalization. The 1983 Births and Deaths Registration Act reinforced this discrimination by requiring the officer registering a child’s birth to include the race of the child’s parents in the birth certificate
The Sierra Leone Daily Mail
In 1961, the independence constitution of Sierra Leone created a single nationality, without any distinction by race, ethnic group or sex. ‘Every person’ born in the former colony or protectorate who was a citizen of the United Kingdom and colonies or a British protected person on 26 April 1961 became a citizen of Sierra Leone on 27 April 1961, unless neither of his or her parents nor any of his or her grandparents was born in Sierra Leone.
The 1961 constitution also had an extensive bill of rights guaranteeing the protection of the rights of all individuals without discrimination. Thus, the small population of ‘Lebanese’ and the offspring of interracial marriages were all recognized as citizens of Sierra Leone. Within a year after independence, Sierra Leone’s constitutional provisions on citizenship were amended twice to become more restrictive and discriminate against individuals on the basis of race, colour and sex. First, the words ‘of negro African descent’ were inserted immediately after the words ‘every person’, to apply retroactively from the date of independence.
Then the non-discrimination clause that prohibited any law that is ‘discriminatory of itself or in its effect’ was amended to exclude laws relating to citizenship. Individuals who were not of ‘negro African descent’ but who had acquired citizenship by virtue of the 1961 constitution were thus stripped of their citizenship of Sierra Leone after less than a year. (In Britain, meanwhile, the 1962 Commonwealth Immigrants Act introduced for the first time restrictions on immigration to Britain for citizens of former colonies. Though not explicitly racial in its language, the new provisions were aimed at non-white immigrants from the newly independent countries of Africa and the Caribbean; the effect was to leave some residents of former British colonies with no right of citizenship in any country.)…
…The change to the law was motivated by political considerations; in particular, to narrow the set of candidates eligible to contest elections due to be held in 1962, by depriving Lebanese and mixed-race Sierra Leoneans of the political rights conferred by citizenship. Subsequent laws restricted the rights of non-citizens to acquire property both in the Western Area (the historic colony, near Freetown) and in the provinces (though it did not take any right away from those non-citizens who had already purchased property in the Western Area)…
…John Joseph Akar, a prominent mixed-race Sierra Leonean with political ambitions, became the best-known case of those affected by the changes to citizenship law and the face of efforts to reverse them. Akar’s mother was a black Sierra Leonean; his father was of Lebanese origin and thus not ‘of negro African descent’, though he had never visited Lebanon. When Sierra Leone became independent on 27 April 1961, Akar automatically became a citizen by operation of the constitution, as both he and one of his parents had been born in Sierra Leone. With the 1962 amendments, however, he lost his citizenship by birth; though he did apply for and was granted citizenship by registration. He challenged the amendments in court. In his application, he contended that the true intention of the amendments was to exclude persons not of ‘negro African descent’ from being elected to the House of Representatives. He succeeded in the High Court, but the Court of Appeal subsequently reversed the decision…
…Persons who were Afro-Lebanese (i.e. those whose mothers were black Sierra Leonean and whose fathers were not ‘negro’ African) could apply to be naturalized under this provision (though no procedures to do so were established). The 1973 Act does not define who is a ‘negro African’, and the 1962 amendment had also provided little clarity. The presumption was that the phrase meant black African, reducing the essential condition for the acquisition of citizenship to the colour of the person’s skin. Thus a black man’s children by a Sierra Leonean black woman were citizens by birth wherever they were born. A white or mixed-race man’s children by a Sierra Leonean woman could acquire Sierra Leonean citizenship only by naturalization. The 1983 Births and Deaths Registration Act reinforced this discrimination by requiring the officer registering a child’s birth to include the race of the child’s parents in the birth certificate
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