Collective Responsibility Excuse For Extra-Judicial Murders.
Collective Responsibility is a Cabinet Convention dating back to the 19th century. The Constitution of Sierra Leone refers to it thus:
“The Cabinet shall be collectively responsible to Parliament for any advice given to the President by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office, Section 60. (1). ”
What is more, the Sierra Leone Government Notes on Cabinet Procedure, include the Doctrine of Collective Responsibility that is in conformity with that found across the Commonwealth nations in letter and spirit as undertaken in the discussion below, but contrary to the views already expressed by some compatriots when referring to Dr. Kadi Sesay’s stewardship.
The want of knowledge on this doctrine compounded by loose reasoning has often led to extra-logical considerations in discussions of Government by even well-meaning compatriots eager to shoot a quarry in an opposition political party. The following discussion arises from Candidate Julius Maada Bio's tenuous understanding of this doctrine.
Let us go to the discussion now. The thing to keep in mind when discussing the doctrine of collective responsibility is this: Acceptance of ministerial office means accepting collective responsibility for Government decision-making. Decisions reached by the Cabinet or Ministerial Committees are binding on all members of Government. Once Cabinet makes a decision, Ministers must support it regardless of their personal views and whether or not they were at the meeting concerned.
The term, collective responsibility has been loosely used by some Sierra Leoneans to assess the assertions of Julius Maada Bio on the question of allegations of Extra-Judicial Executions of 29 fellow Sierra Leoneans. The context in which Maada Bio defends his position on the grave question is misleading and contrary to the Collective Responsibility Convention.
Counterposing allegations by his accusers of the extra-judicial murders, he retorts that he was not individually involved. The notion that one conjoins in collective responsibility while having a point of departure that he was not involved is incongruous to this doctrine. This supposition is specious and perverts the doctrine.
When one accepts collective responsibility, you must remain quiet and support the proposition or defend it on pain of resignation or dismissal by Government. Julius Maada Bio’s assumption of collective responsibility will have little weight with those who can properly estimate the mischief in the ambivalence of being against an action while also supporting it.
This point has escaped the notice of Julius Maada Bio and his obsequious supporters. Geoffrey Marshall, an authority on Government has written that the convention is underscored by the unanimity principle which professes that: a minister must not vote against government policy. Thus, Julius Maada Bio cannot say, "the NPRC Boys killed those people, I did not kill anybody, but I support their extra-judicial murder."
In short, conjoining in collective responsibility takes place when decision-making is taking place contemporaneously by Cabinet or an absent or new Minister must adopt the policy already made unless he or she is prepared to resign or be sacked. Julius Maada Bio was advised of the proposition to kill 29 people or should have had reason to know as Information Minister as an NPRC Cabinet decision. Did he assume collective responsibility then or later on the morrow of 29 innocent people dead?
Moreover, unanimity of Cabinet members is the fundamental kernel of Collective Responsibility - that all members of the government speak and vote together in Cabinet except in situations where the Cabinet makes an exception such as a free vote or an ‘agreement to differ’. (Geoffrey Marshall, Ministerial responsibility, (1989) pp 2-4).
There are exceptions to the Doctrine in certain instances. Normal principles of collective responsibility with regard to ministerial unanimity may be suspended where the ‘free vote’ (or ‘open question’) and the ‘agreement to differ’ are in place.
One of these exceptions is the permission of Free Votes on questions in Cabinet. Free votes are invariably recognized in issues of conscience, for example social, moral or religious questions such as capital punishment, abortion or gay rights among other things.
Another exception referred to by scholars is the agreement to differ. They have argued, that an agreement to differ is itself a collective Cabinet decision in which a split between fellow ministers is not a breach of collective responsibility, but an exercise and product of it.
Cabinet practice of free votes and agreements to differ have not yet germinated in our democracy and would have been unheard of in the tempestuous and heedless military regime subsisting from 1992 to 1996.
Contrary to the Collective Responsibility Convention and its exceptions stated above, Julius Maada Bio has carved out his own notion of the doctrine to escape culpability for the extra-judicial murders. Accordingly, his notion of the convention is at odds with the normative principles of the doctrine. The excuse pales in truth of the doctrine.
A fortiori, Julius Maada Bio, is saying, I accept the policy of the NPRC killing of 29 innocent people including a pregnant woman, but I was not one of the killers who shed their blood without due process of the law and I apologize for it retrospectively when confounded by the wailing widows and children of the killed in the offing of a watershed election.
If we entertain the fallacy nurtured by Julius Maada Bio as a fig leaf to cover abuse of human rights, and that he took no part in the mass murder of Sierra Leoneans, but accepts collective responsibility fashioned by the NPRC, to order the homicide of innocent people, then he does not understand this doctrine at all. For Ivor Jennings in Cabinet Government, 1965, p.277, says, “A minister must not speak against government policy. He asserts that ‘a minister who is not prepared to defend a Cabinet decision must, therefore, resign.’
Before the Truth and Reconciliation Commission, Julius Maada Bio never testified that he tendered his resignation or the NPRC High Command offered him a free vote or an agreement to differ with his colleagues on grounds of being a conscientious objector to extra-judicial killing of 29 people roused at dawn to die for nothing.
In essence, Julius Maada Bio’s subscription to Collective Responsibility is a clear public expression of a minister’s support for a government decision regardless of that minister’s personal opinion or his non-involvement in the matter. Hence, Maada Bio’s dissenting vote if any, would have led to immediate dismissal if there were no voluntary resignation.
Apart from resignation emerging from dissent on policy, did Julius Maada Bio abstain from the execution of the decision to kill 29 persons when the matter was first mooted? Experts on Government say that in general, an abstention should lead to the same consequences, as maintenance of the doctrine is said to require not just the absence of dissent but the expression of positive support.
Since there is no evidence that Julius Maada Bio, expressed dissentience, abstained or was offered a free vote or an agreement to differ by the NPRC High Command in the prelude of the order to kill, his acceptance of collective responsibility is tantamount to an expression of positive support for Extra-Judicial killing of 29 Sierra Leoneans.
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I saw this at the Leonenet mail list and wanted to share. The argument was over the NPRC killings and how much of the blame Maada Bio carries.You can post your comments here...
So while Amadu played his response simple with regard to showing that Dr. Kadie Sesay is collectively responsible for the ineptness of the Kabbah administration our learned brother, the most-eloquent John Lansana Musa expounds on the concept of "collective responsibility." And he could not have found a better example other than the recently exposed 'sleeping on the job Maada Bio', who is a companion - as in running mate - of Kadie Sesay. So effectually they are both guilty of "collective responsibility" in their own ways. This is the presidential team of "collective responsibility."
AJM
It is absolutely bewildering that a supposedly trained Lawyer can so miscontrue a legislative and/or legal interpretation totally convoluted beyond comprehension. Perhaps either because of the lack of understanding of the text of the language of the Doctrine or a perversed swerth of a prejudicded mentality. Here is what I mean:CLARIFICATION OF THE MEANING OF "COLLECTIVE RESPONSIBLITY: The interpreter here derives his state of interpretation to be based on thought and meaning proscribed in conventions and/or law established through the British mode of Parliamentary procedure as provided in Section 60 (1) of the British Parlaiment. In order to ascertain a misconstrued interpretation of the Doctrine as per the explanations below, these questions must be asked as follows to cast a better light on the degree the interpretation has been misconstrued:
1. In the case of the NPRC regime, was there any estabished system in its structure defined as a "Parliament " composing a "Cabinet"?
2. Was the regime acting or functioning within the realm of a system called Parliament and Cabinet?
3. If so, was the obligation and adherence to the doctrine a Mandatory responsibilty or a Discretionary responsibility? 4. If no, then is it still within the powers of the Dcorine for any governmental or proximate authority to adhere to the Doctrine?
5. Since the NPRC Government had set aside the binding authority of Parliament, and hence of a Cabinet and the Executive, should any function, action or matter proscribed under Parliamentary authority be compelling upon the NPRC regime?
6. If not, then could the Parliamentary poroscribed Doctrine be in fact, banindig upon a non Parliamentary and non Cabinet style of government? Hence the Doctrine of Collective Responsibility does not apply in Maada Bio's case as defined by Parliamentary convention or codification proscribed by a Constitution....cont.
Finally, the interpreter here seem to be confused between a Military government and a parliamentary government ruling by decree instead of by Constitution.Toegondoe Sagbah, FAT / IDOF
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But who are you to try to disguise the very "collective responsibility" that Maada Bio himself has alluded to? Are you his adviser after the fact (hehehe)? If so, you could/should have done better to have advised him not to have succumbed to the collective responsibility ideology like he has. We now have the best evidence there is already: the perpetrator's own words.
AJM
No Amadu, Sagbah has good legs to stand on his own. But much of what he projected are not too far from my thought. But here is the issue. JLM is certainly a gifted legal mind that makes sporadic shows on this site when legal issues of Law and Public Policy make their debuts on this site. Remember I have been here on the old net through many tumultuous events in Sierra Leone. JLM's contributions are Germaine only to the micro arguments but hardly for the macro public policy implications as they might relate to due process, equal protection under law, habeas corpus and separation of powers in the Sierra Leone's governing structure. Such arguments Amadu are too huge to discuss here. But here are few highlights:Your party the APC under Siaka Stevens, under Momoh and now under Bai Koroma has tampered with the Constitutions in more ways than most people realize. Mind you, the APC started governing our nation and left its imprint on our way of life barely 6 years when after we became a nation state; briefly interrupted by the RUF war. Then the NPRC stepped in. While most are focused on the nature of the NPRC take over few have creditted that regime with our redemption from a corrupt government and bringing back a much needed order. Then the SLPP came back. But Amadu here is the thing. SLPP's return to bring back the rule of law and democratic governance to a peoples who have been conditioned to believe in something different was very challenging to Tejan Kabba and James Jonah who masterminded the return to civil rule by cajoling power from the NPRC. Change as you would agree is very difficult. SLPP's bold attempt went unheralded by the people.
...cont. below:
So when John Lansana Musa talks about a stale Parliamentarian statute regarding collective responsibility, it elicits laughter. Why? Because the worthy Counsel JLM is missing not only the point but the bigger picture. In the United States, Great Britain and any civilized nations such a statute would be challenged on the basis of its unconstitutiona lity requiring a Judicial Review by the Supreme Court as in (Marbury V. Madison, 1803). Because it blurs the line between the Separation of powers making the House of Parliament the most authoritarian branch to which the executive is held accountable (INS v. Chada (1983).So Amadu, please let us not distract from the elections. We have serious issues to discuss and not get bogged down by the pettiness of JLM's postings. Under Maada's leadership we will reshape Sierra Leone's governing structure and make government more responsive to the people; restoring all the rights we have been stripped off; Habeas Corpus Rights, Equal Protection Rights, Due Process etc.
Behmankhan
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