POSITION PAPER.

Protecting Women in Sierra Leone.

Glen David Dankawalie Fallah

INTRODUCTION

Sierra Leone has been a country where women and girls have been greatly discriminated
against in a direct and indirect manner for a very long time. The government, in pursuit of
ending this problem took a great lead to end discrimination and promote equality in the
country by enacting the three “Gender Acts”.

In Sierra Leone, women account for 52 percent of the total population in Sierra Leone yet
occupy less than 20 percent of elected positions.1 Their voice, visibility, participation, and
representation in positions of election and appointment remain very low compared to the
male gender. They are faced with many challenges including lack of independence, high level
of illiteracy, customs and traditions, political violence etc. Women in Sierra Leone face
severe marginalization despite their significant “contributions to the economy” and the
sustenance of their households.2

Globally women and children in countries with domestic violence laws have a lower chance
of experiencing violence than those in countries without such laws.3 As a signatory to a wide
range of global and regional international treaties geared towards ensuring gender equality in
all aspect of life, such as the Convention on the Elimination of all forms of Discrimination
against Women (CEDAW) 1988, The Protocol to the African Charter on Human and Peoples'
Rights on the Rights of Women in Africa 2003 (Maputo Protocol) and numerous other
international conventions that protect the rights of women and children, the Sierra Leone
Government has taken steps to domesticate the provisions of CEDAW through the passage
of a range of laws protecting women and children in Sierra Leone.4 One of the main
achievements among these has been the enactment of the three "Gender Acts" (Laws) in 2007
to 2009, (Domestic Violence Act 2007, Devolution of Estate Act 2007, Registration of
Customary Marriage and Divorce Act 2009)

Changes in the landscape of the right of women in Sierra Leone

1
<Gender Equality and Women's Empowerment | Sierra Leone | U.S. Agency for International Development
(usaid.gov)> accessed 6th September 2022
2
Tiffany Lewallyn ‘THE CHALLENGES OF WOMEN IN SIERRA LEONE’ (borgenproject.org 5th February
2022) <https://borgenproject.org/women-in-sierra-leone/> accessed 6th September 2022.
3
Sierra Leone Gender Laws Research Report, Advocacy Brief, November 2018. Available at Advocacy-
Brief.pdf (dfa.ie) <accessed 6th September 2022>
4
Ibid.
The Gender Laws collectively aimed to improve the legislative framework for empowering
women and girls socially and economically, and for reducing violence against women and
girls in the home and community.5 One of the most obvious implications of these Acts is the
enhancement and/or improvement of women’s right in Sierra Leone. The previous state of the
national law was open to scathing criticism in that it left a lot to be desired in relation to
women’s enjoyment of certain basic rights on an equal footing with men.6 An example would
be the law relating to inheritance, if you carefully look at Cap 45 of the Laws of Sierra Leone
1960 you will get clear understanding that it was blatantly askew by the drafters when they
were addressing the right that a woman should have regarding her deceased husband’s estate,
when compared to the right of the husband in situations alike.

In the Domestic Violence Act, the offence of domestic violence was not only criminalised,7
but it also acted as a double-edged sword by making sure that women and children who are
subject of abuse are well protected. the Act requires that the government provide temporary
safe homes for victims8, and empowers police Family Support Units to mediate disputes or
support women who opt for legal redress.9 Significantly, the offence of domestic violence is
broadly defined to encompass physical, sexual, emotional, psychological, economic and
verbal abuse, as well as conduct that harms or endangers an individual's safety, health or
well-being, or undermines their privacy or dignity.10

Moreover, girls are being protected from forced marriages as compared to how they were
forcefully sent for marriage and there was no law protecting them. The Registration of
Customary Marriages and Divorce Act 2007 (RCMDA) makes 18 years the minimum age for
customary marriages and requires the consent of both parties. The status of women is
additionally ring-fenced by the requirement that customary marriages and divorces must be
registered11 with both parties given certificates and this precluded both of them from entering
into another marriage with another person.12

5
News Archive - Impact Assessment of Sierra Leone Gender Laws is published - Department of Foreign Affairs
(dfa.ie) <accessed 6th September 2022>
6
Millicent Mannah, ‘IMPLICATIONS OF THE ENACTMENT OF THE GENDER ACTS IN SIERRA LEONE’ (carl-sl.org
11th August 2016) < https://www.carl-sl.org/pres/implications-of-the-enactment-of-the-gender-acts-in-
sierra-leone/> accessed 6th September, 2022.

7
See section 2(1) Domestic Violence act 2007.
8
As above. Section 15(2)(g)
9
See section 7. DEA 2007
10
Section 2 (2) DEA 2007
11
Section 7 Registration of Customary Marriage and Divorce ACT 2009
12
SECTION 4(1) RCMDA.
 Additionally, there is a noteworthy improvement in the economic security of women. This
new law entitles them to acquire and dispose of property in their own right13; stipulates that
dowry need not be returned in the event of divorce or separation; and enables mothers to
apply for child maintenance when fathers eschew their financial responsibility.

In a country where wealth is largely inherited, the Devolution of Estates Act 2007 (DEA) will
enhance women's economic standing.14 Women who are married to a particular man and
children under customary law, as well as partners who are living in what could be referred to
as co-habitation, have a legal right to inheritance for the first time in Sierra Leone. This
entitles women to inherit property upon the death of their husband and the law specifically
states that 35 percent15 is what they should get, without undue interference from extended
family members. Prior to this time, if a person dies without leaving a valid will, the property
would revert to their parents and brothers; now the majority of the estate will devolve to the
wife and children (each of them is entitled to 35 percent). It a custom that women are
regarded as property of the husband and therefore they are to be disposed, however, the Act
sets a prohibition on this pervasive practice of "wife inheritance", whereby, widows are
forcefully told to marry the brother of their late husband.

The inconsistencies in these laws providing for the right of women in Sierra Leone.

One of the inconsistencies in these laws that provide for the right of women in Sierra Leone
is the minimum age requirement regarding marriage in the country. There is a direct conflict
between the Child Right Act of 2007 and the Registration of Customary Marriage and
Divorce Act, 2009 (RCMDA). The Child Right Act states that “the minimum age of marriage
of whatever kind shall be eighteen years.”16 And most importantly, it is stated in its
subsection that no person shall force a child to be married.17 Conversely, in the registration of
customary marriage and divorce act 2009, in section 2 clearly spelled out the circumstances
under which a customary marriage shall be valid and that is only if the spouses are not less
than 18.18 This appears to be such a conforming provision to the child right act but if further
look at subsection 2 of section 2 in the RCMDA 2009, it makes provision for the consent to
be given by parent when the spouses are below the age limit. What makes it worse is the fact
that if the parents are not alive or they choose not to consent to the marriage, It states the
13
Section 18 RCMDA.
14
Legal protection at last for the women of Sierra Leone - Sierra Leone | ReliefWeb
15
Section 7, 8 Devolution of Estate Act 2007
16
Section 34, Child Right Act 2007.
17
Note5 above, Section 34 subsection 2(c).
18
S2(1)(a)
guardian, Magistrate or Local Government Chief Administrator of the locality in which the
marriage is to take place may give his/her consent. From this provision, it could clearly be
seen from a bird’s eye view that these two Acts are conflicting with each other and thus
inconsistent. In fact, section 46 prohibits an individual from subjecting a child to customary
practices such as early marriage19

Furthermore, when someone co-habits or stayed together as husband and wife for a
continuous period of at least five years and are not below the minimum age requirement,
customary law dictates that they are married.20 However, the Christian marriage Act 1960,
Muslim Marriage Act 1960 and Civil Marriag Act 1960 dictates that when a person is
married under any these laws, they cannot enter into a customary marriage, but if they did,
they would have the option to choose which law would apply to their marriage.

Also, the DEA in part two makes provision for the recognition of customary marriage where
an intestate might have more than one spouse, the law provides for the first to apply for
letters of administration and when the first spouse is unable, the second in line can apply for
such letters. This seems to be a good provision to prevent delays or problems that may arise
after the death of a spouse but that provision relating to distribution of property to more than
one spouse could amount to a tacit recognition of polygamy under customary law which is
prohibited by RCMDA.21

Additionally, section 1(1) of the DEA 2007 stipulated that the act applies to persons who die
testate or intestate “irrespective of religion or ethnic origin”, but excludes family, chieftaincy
or community property. Customary law which operates in the provinces where land for
example is held either as individual, family or communal property. Therefore, by clawing
back such property from consideration, the law in practice leaves little property for surviving
spouses to inherit.

Conclusively, it is not just about having the laws enacted, another important aspect is
alignment of these laws and their effective enforcement. The laws should be aligned in such a
way that they would not contradict each other and even other laws in the country. The
alignment and enforcement of these laws is what would serve as a skeleton that gives shape
to the flesh that protects the Right of Women in Sierra Leone.

Recommendations That Would Be A Panacea To The Lacuna In These Laws.

19
Section 46(1)(a) child right act 2007.
20
Section 6 RCMDA 2009
21
Section 3(1) RCMDA 2009
Women face strong challenges in accessing justice despite the gender law, whose enactment
reflected commendable attempts by the state to meets its international obligations. The lack
of codification of customary laws results in rulings that are both inconsistent and
disenfranchise women and girls, given that they rest on patriarchal foundations when these
cases arise.

The minimum age requirement accepted is most, if not all jurisdiction in Africa is 18.
Parliament should consider amending or repealing the exception stated under section 2 of the
RCMDA which allows parental or guardian etc consent to validate a marriage between a
Minor. This is an exploitable loophole and should be filled up.

Moreover, parliament should also consider repealing the section in the devolution of Estate
Act that makes provision for the distribution of property to more than one surviving spouse
because it consequently recognises polygamy in clear terms under customary law.

Furthermore, regarding the inheritance of property, parliament should extend the property
that should be the subject of inheritance and not to exclude other types of property such as
Family or Community property which the deceased husband has an interest in.

The Sierra Leonean government should take steps to promote and raise awareness of the three
Gender Acts in poor and marginalised communities and further strengthening the judicial
aspect of this issue by The Sierra Leonean government should create a specialised court for to
ensure that cases of domestic and gender-based violence are tried expeditiously.22

22
Submission by Sabi You Rights Advocacy Group for the Universal Periodic Review of Sierra Leone 11th
session of the UPR Working Group, May 2011