What is the current state of local level justice institutions in Sierra Leone’s provinces? How good is access to justice there? This study by the World Bank reviews what is known already and analyses recent events to highlight opportunities for intervention. It argues that justice reform that works primarily with formal justice systems ignores the customary justice systems used by the majority of the population. A comprehensive approach to justice reform requires understanding of an engagement with customary systems.
Sierra Leone operates under a dual legal structure, which incorporates both elements of traditional or customary law and a formalised system based on English common law. Currently, 85 per cent of Sierra Leoneans fall under the jurisdiction of customary law. Many Sierra Leoneans prefer traditional systems of justice because they reflect local values and are faster, cheaper, easier to reach and easier to understand. However, faith in chiefs has diminished since the end of the civil war and traditional practices have been questioned. In both systems of justice, Sierra Leoneans have difficult access, problems with equity, transparency and consistency of rulings that may further marginalise some parts of the population.
Access to the informal and formal legal systems, satisfaction with outcomes, and perceptions of justice vary widely across chiefdoms. Sierra Leoneans attempting to access justice are presented with a number of barriers. These include the following:
- in the formal courts, the costs are prohibitively high for all but the wealthiest of citizens. In both systems, people are faced with high and often unpredictable fines;
- both systems involve long delays in the resolution of cases brought before them;
- transportation is an obstacle to accessing the formal courts systems, particularly for residents in remote areas;
- the state justice system is very formal in its rules and processes. Court proceedings take place in English, which is not widely understood outside Freetown; and
- definitions of criminal behavior, deviance, corruption and other legal terms differ between the customary and formal law systems.
The above obstacles affect everybody. Some people have even greater difficulties.
- Women face increased barriers in both systems due to discrimination, lack of information and lower educational levels. The residual distrust for ex-combatants may impede their ability to access justice.
- Urban migrants may suffer victimisation and involvement as perpetrators of crimes. Insufficient family or social connections are a source of vulnerability and poverty and hinder access to justice.
Although a quantitative and qualitative analysis of frequent causes of dispute and crime has yet to be undertaken, common disputes and conflicts include:
- unfair access to land and misappropriation of natural resources and related revenues;
- unfair allocation of resources from community funds;
- the belief that the community labour provided by poor people benefits only the traders and wealthy members of society; and
- claims for damages by wealthier community member against a young man having sexual relations with his wife.
