Abortion in Sierra Leone

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In Sierra Leone, abortion is a criminal offense. Its abortion law does not specify any grounds for legal abortion, but abortion might be permitted to save the life of the mother. [note 1]

Contents

Abortion has been illegal since 1861. In the 2010s and 2020s, activists, politicians, and international organizations have opposed the ban on abortion. Religious groups and the general public have supported the ban. In 2015, Parliament approved a controversial bill to allow abortion, introduced by Isata Kabia, but President Ernest Bai Koroma refused to sign it. In 2022, the government of Julius Maada Bio unanimously backed another bill to lift the ban on abortion.

Unsafe abortions are a major factor in Sierra Leone's maternal mortality rate, one of the highest in the world. The country has a stigma surrounding abortion, and many girls have little knowledge of it.

Legislation

The law banning abortion in Sierra Leone has not been modified since its introduction during the British colonial era. The Offences Against the Person Act 1861, an act of the British Parliament grouped with the Criminal Law Consolidation Acts 1861, criminalizes acts performed to terminate a pregnancy. [1] [2] It is the only former British colony where the act is still in effect. [3]

The law does not specify any grounds for legal abortion. A British judicial decision permitting abortions to save the life of the mother has not been brought up in Sierra Leone's courts, so it is unclear whether such abortions are permitted. [4] [note 1]

Proposed legislation

Organizations such as Marie Stopes International have advocated for abortion reform since 2010. [7] The People's Alliance for Reproductive Health Advocacy has been campaigning for safe abortion since 2010. [9]

In July 2015, Sierra Leone became a party to the Maputo Protocol, which includes provisions about abortion. [7] It ratified the protocol on 18 January 2016. Members of parliament debating the ratification said the protocol was an example of Western imperialist morality and a policy against abortion defended Sierra Leone's cultural sovereignty. [2]

Safe Abortion Act (2015–2016)

In 2010, the Planned Parenthood Association of Sierra Leone introduced the Medical Termination of Pregnancy Bill, which was renamed to the Termination of Pregnancy Bill before becoming the Safe Abortion Act. [1] After the 2012 Sierra Leonean general election, the government received a bill that would legalize some abortions. Supporters cited that few could afford the cost of 200,000 leones (US$46) for certified abortions, and that between 4 and 10 percent of abortion recipients required surgical procedures. Most health and legal professionals supported easing abortion laws, according to a survey by the Ministry of Health. [10]

The Safe Abortion Act was introduced to the Parliament of Sierra Leone by Isata Kabia of the ruling All People's Congress. The Ministry of Social Welfare, Gender and Children's Affairs supported the law under Minister Moijueh Kaikai and later under Kabia, who became Acting Minister in March 2016. [11] On 8 December 2015, the Parliament unanimously passed the act. The law would have allowed abortion during the first twelve weeks of pregnancy on request or twenty-four weeks in cases of pregnancy from rape or incest or risk to health of the mother or fetus. It said minors could have abortions with parental consent. [2] It mandated a four-year jail sentence for conducting unlicensed abortions. [7] President Ernest Bai Koroma refused to sign the bill and sent it back to parliament on 6 January 2016. [12] The speaker of the house refused to give the bill his assent. [5] Parliament returned the unchanged bill to the president on 11 February. [12] Koroma blocked the bill again and referred it to the Constitutional Review Committee so it could put changes to the Constitution to a referendum. [6]

Koroma and his wife, Sia Koroma, initially supported the bill's introduction, and the public expected it to pass. Meetings with religious groups influenced his opposition to the law. [12] Koroma asked for Parliament to review the law since the Maputo Protocol only provided for abortion in the cases of rape and medical emergencies. [6] In an address on International Women's Day, he argued that the law violated the right to life and that it did not clearly define its scope. [11] Some groups said that Koroma was building up support ahead of the upcoming election as opposition politicians claimed that he planned to negate term limits and run for another term. [13]

Public opinion in Sierra Leone was against the bill. [1] Some groups called for the withdrawal of the bill due to Christian and Islamic beliefs that condemn abortion. Opponents included the Inter-Religious Council of Sierra Leone (IRCSL) and the country's Pentecostal church. [5] The IRCSL was influenced by the Catholic Church, which argued that abortion violated the clause in the Constitution that said, "No person shall be deprived of his life intentionally". [1] The president of the IRCSL, Sheikh Abu Bakarr Conteh, said that the law should consider the rights of the sexual partner and the family of the woman getting an abortion. [14] In January 2016, religious groups led a protest in which hundreds of people marched to the House of Parliament. [5] Catholic leaders voiced opposition to the law more frequently than Muslim leaders. [12]

Proponents of the bill said that unsafe abortions were a large contributor to maternal mortality in Sierra Leone, which was the highest in the world, and that the law would support victims of rape and sexual violence. [7] [5] Groups such as AdvocAid said that the anti-abortion law was largely unenforced yet led to unsafe abortions being common. [13] In January 2016, alongside the anti-abortion protest, dozens of people, mostly middle-class women, attended a demonstration in support of it. The following week, three letters urged Koroma to approve the bill. One by the International Campaign for Women’s Right to Safe Abortion received over 200 signatures. [5] Another letter was sent on 4 February by Human Rights Watch, Amnesty International, and the Sierra Leonean organizations 50/50, AdvocAid, Centre for Accountability and Rule of Law, Ipas Sierra Leone, and Wi Di Uman Dem Coalition. [6] [15] Human rights leaders who called for Koroma to sign the bill included Lucy Asuagbor, the African Commission on Human and Peoples' Rights's special rapporteur on women's rights, and Dubravka Šimonović, the United Nations Special Rapporteur on Violence Against Women. [5] The U.S.–based organization Ipas was a long-term proponent of abortion law reform. It faced criticism for its influence on the Ministries of Social Welfare and Justice. [2]

Supporters of the decriminalization of abortion were divided over the act's support of on-demand abortions. Anti-abortion activists raised concerns that Sierra Leone lacked the medical facilities to perform abortions. The group representing Sierra Leone's female lawyers made a statement advocating for legalizing abortion with restrictions and for the training of nurses. [16]

Safe Motherhood and Reproductive Health Bill (2022)

The Cabinet of Julius Maada Bio unanimously backed the Safe Motherhood and Reproductive Health Bill to decriminalize abortion. Bio announced his plan on 1 July 2022, at the 10th Africa Conference on Sexual Health and Rights in Freetown, to the approval of the audience and the conference's organizers. [17] He said at the conference, "At a time when sexual and reproductive health rights for women are either being overturned or threatened, we are proud that Sierra Leone can once again lead with progressive reforms. My government has unanimously approved a safe motherhood bill that will include a range of critical provisions to ensure the health and dignity of all girls and women of reproductive age in this country." [18] The speech referred to the Supreme Court of the United States's recent decision to overturn the constitutional right to abortion. [19]

The provisions of the bill were drafted by a group of government officials and women's rights groups, who hoped for the law to be passed by the end of 2022. The bill covered other aspects of reproductive health including maternal health, access to contraceptives, and post-abortion care. [19] Observers said that the bill would be difficult to pass ahead of the 2023 Sierra Leonean general election as members of Parliament would avoid the risk of losing support over it. [8]

Campaigners for the bill said unsafe abortions were the cause of 10% of the country's maternal deaths. The girls' rights group Purposeful called the decision "a monumental step forward" and the international feminist group Fòs Feminista wrote in a tweet, "A major victory for women and girls, won through the tireless organising of feminist movements." [19] [20]

U.S.-based anti-abortion organizations such as Family Watch International pushed back against efforts to lift bans on abortion in Sierra Leone and other African countries. [21]

Prevalence

The rate of abortion in Sierra Leone rose from 34% from 1990–1994 to 51% from 2015–2019. The incidence of unintended pregnancies stayed about the same. [22]

Unsafe abortions account for about 10% of maternal deaths in Sierra Leone. [14] Among adolescents, nearly one-third of maternal deaths are caused by unsafe abortions. [23] Girls often induce abortions using misoprostol, a drug that is available over-the-counter to treat stomach problems. Without medical advice, some of them take the drug too late, which leads to severe bleeding or fatal septicemia from being unable to remove the fetus. Some pregnant girls ingest rat poison or put sharp objects in their uteri to enter a life-threatening condition and force doctors to operate on them. [8]

The typical cost of post-abortion care ranges from $35 to $272. [24] Dilation and curettage, a method not recommended by the World Health Organization, comprises 85% of post-abortion care. The health system costs of treating an unsafe abortion are twice that of performing a safe abortion. [3]

Societal factors

Sierra Leone has a stigma surrounding abortion. Many teenage girls in Sierra Leone have little knowledge of pregnancy and feel ashamed to discuss abortion. In Freetown, they have access to midwives, but the stigma causes some to turn to unlicensed healthcare providers, who may perform unsafe abortions. [25] Due to the stigma, abortion cases are rarely pursued in court and are resolved within families. [26] The Safe Abortion Act became a popular topic of debate despite the stigma in West Africa. [26]

Economic factors often motivate the decision to terminate pregnancies. Partners of women who get pregnant often cannot afford the cost of supporting women during pregnancy, especially for schoolgirls, whose partners are expected to. Some abortions are motivated by a stigma against unmarried parents. Parents and relatives often pressure couples to get abortions because they disapprove of the relationship, which is common for inter-ethnic couples, or because they want to avoid embarrassment. In other cases, friends and relatives convince couples not to get abortions, due to religious beliefs or commitment to caring for the baby. Many women do not follow through with abortions due to a lack of knowledge or a refusal from healthcare providers, who are mostly men. [27]

The most likely women to have abortions are those in the 45–49 age range, those who are employed, those who listen to the radio, and those with no children. [24] As in most countries, women with primary and secondary education are more likely to have abortions. Unlike in most countries, unmarried women are less likely to have abortions. [28]

Sierra Leone's medical code of ethics addresses abortion, and a WHO survey in 2021 found that the country's health benefit package included abortion. [29] The National Protocols and Guidelines for Emergency Obstetric and Newborn Care sanction post-abortion care using misoprostol. Private organizations have imported approved abortion drugs but distribution is legally limited. [30]

Nurses have been charged with manslaughter for aiding in abortions that resulted in death. In January 2011, a pregnant woman with heavy bleeding was detained for allegedly having abortion and was released after proof that she was still pregnant. [31]

See also

Notes

  1. 1 2 Some sources say abortion is illegal under any circumstances. [5] [6] Some say it is only legal to save the life of the mother. [7] [8]

Related Research Articles

Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of all pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word abortion generally refers to an induced abortion. The most common reasons women give for having an abortion are for birth-timing and limiting family size. Other reasons reported include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest.

<span class="mw-page-title-main">Abortion law</span> Laws that allow, prohibit, or regulate abortion

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution.

Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows:

Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discrimination, coercion and violence.

<span class="mw-page-title-main">Unsafe abortion</span> Termination of a pregnancy by using unsafe methods

An unsafe abortion is the termination of a pregnancy by people lacking the necessary skills, or in an environment lacking minimal medical standards, or both. An unsafe abortion is a life-threatening procedure. It includes self-induced abortions, abortions in unhygienic conditions, and abortions performed by a medical practitioner who does not provide appropriate post-abortion attention. About 25 million unsafe abortions occur a year, of which most occur in the developing world.

<span class="mw-page-title-main">Sexual and reproductive health</span> State of the reproductive system without evidence of disease, disorders, or deficiencies

Sexual and reproductive health (SRH) is a field of research, health care, and social activism that explores the health of an individual's reproductive system and sexual well-being during all stages of their life. Sexual and reproductive health is more commonly defined as sexual and reproductive health and rights, to encompass individual agency to make choices about their sexual and reproductive lives.

Abortion is illegal in the Philippines.

Abortion has been legal in India under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.

Abortion in Namibia is restricted under the Abortion and Sterilisation Act of South Africa (1975), which Namibia inherited at the time of Independence from South Africa in March 1990. The act only allows for the termination of a pregnancy in cases of serious threat to the maternal or fetal health or when the pregnancy is a result of rape or incest. This law has not been updated since, and attempts to liberalise it have been met with fierce opposition from religious and women's groups.

The Dominican Republic is one of 24 countries in the world and one of six in Latin America that has a complete ban on abortion. This complete ban includes situations in which a pregnant person’s life is at risk.

<span class="mw-page-title-main">Ipas (organization)</span> International non-governmental organization

Ipas is an international, non-governmental organization that seeks to increase access to safe abortions and contraception. To this end the organization informs women how to obtain safe and legal abortions and trains relevant partners in Africa, Asia, and Latin America on how to provide and advocate for these.

<span class="mw-page-title-main">Abortion-rights movements</span> Social movement advocating for legal access to abortion

Abortion-rights movements, also self-styled as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.

<span class="mw-page-title-main">Women in Sierra Leone</span>

Sierra Leone, officially the Republic of Sierra Leone, is a Constitutional Republic in West Africa. Since it was founded in 1792, the women in Sierra Leone have been a major influence in the political and economic development of the nation.

<span class="mw-page-title-main">Reproductive rights in Latin America</span>

Latin America is home to some of the few countries of the world with a complete ban on abortion and minimal policies on reproductive rights, but it also contains some of the most progressive reproductive rights movements in the world. With roots in indigenous groups, the issues of reproductive rights include abortion, sexual autonomy, reproductive healthcare, and access to contraceptive measures. Modern reproductive rights movements most notably include Marea Verde, which has led to much reproductive legislation reform. Cuba has acted as a trail-blazer towards more liberal reproductive laws for the rest of Latin America, while other countries like El Salvador and Honduras have tightened restrictions on reproductive rights.

Abortion in Uganda is illegal unless performed by a licensed medical doctor in a situation where the woman's life is deemed to be at risk.

Abortion in Cambodia is legal upon request within the first twelve weeks of pregnancy.

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.

<span class="mw-page-title-main">Abortion in Kenya</span>

Abortion in Kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape. Unsafe abortions are a major cause of deaths and health complications for women in Kenya.

<span class="mw-page-title-main">Women in Zambia</span> Overview of the status of women in Zambia

The status of women in Zambia has improved in recent years. Among other things, the maternal mortality rate has dropped and the National Assembly of Zambia has enacted multiple policies aimed at decreasing violence against women. However, progress is still needed. Most women have limited access to reproductive healthcare, and the total number of women infected with HIV in the country continues to rise. Moreover, violence against women in Zambia remains common. Child marriage rates in Zambia are some of the highest in the world, and women continue to experience high levels of physical and sexual violence.

In 2005, the Ethiopian Parliament liberalised the abortion law to grant safe abortions to women in specific circumstances.

Abortion is illegal in Tanzania except to preserve the life of the mother. Under the Tanzanian penal code, health practitioners who perform illegal abortions may receive sentences of up to 14 years in prison, while those who procure abortions for themselves may be sentenced to up to seven years in prison.

References

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