The year 2007 will go down as one of the most significant in Sierra Leone’s legal history, with the enactment of what are collectively referred to as the “Gender Acts’. After intense lobbying, campaigning and demonstrations the Domestic Violence Act 2007, the Devolution of Estate Act 2007, and the Registration of Customary Marriages and Divorce Act 2007 were passed into law. The outlines of the provisions of these three Acts have been dealt with exhaustively in previous articles. However a brief recap is provided in this article for those who have not been privileged to read it.
Previously, customary laws were largely unwritten.
With the enactment of the Registration of Customary Marriage and Divorce Act, all customary laws have been harmonized. This Act also introduces the age of consent and also that both spouses should consent to marriage. Another important thing is that all customary marriages and divorces are registered in order to prove the validity of marriages and divorce. In essence any one who has contracted customary marriage cannot afterwards contract another type of marriage with another person, until both of them are divorced. A woman now has the right to obtain and dispose of her property as and when she likes. In addition, a woman will not be required to return her dowry at the end of a marriage, or any gifts made to her during the course of the marriage, and will as such not be forced to stay in a marriage merely because her family cannot repay.
The law on succession of property at death where there is no will, which previously varied considerably according to the different type of marriages one contracted, is now harmonized, in the Devolution of Estate Act. The new law makes provision for inheritance by spouses which includes people who have cohabited for more than 5 years and children which includes those born with people other than legal spouse during the marriage but is accepted and recognized by the spouse.
The Domestic Violence Act, outlaws sexual violence, physical, emotional, economical and verbal violence, and makes provision also for mediation or prosecution. It also provides for protection orders as a preventative rather than just punitive measure, to regulate the parties’ behaviour.
That said, I will now focus on examining the implications of the Acts on Sierra Leone’s legal framework in particular and the national society in general.
Enhancement of women’s rights
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. For example laws on inheritance, contained in Cap 45 of the Laws of Sierra Leone 1960, was glaringly lopsided when addressing the right of a woman to her deceased husbands estate, when compared to the right of the husband in a similar situation.
The new Acts aim to establish equality for men and women in the enjoyment of certain rights. They also work towards fulfilling the obligation by the State to protect all within its borders from violence. The Domestic Violence Act comes as great relief to women who are attacked and persecuted within the home, and previously had little or no protection from the law. The Registration of Customary Marriage and Divorce Act comes in aid of women who are married under customary law and previously had no concrete evidence to prove it, leaving them at the mercy of unscrupulous husbands who may seek to ditch them on the basis that their marriage is not documented.
Domestication of International Obligations
Sierra Leone is a signatory to a number of international and regional human rights instruments. Most particularly for the purposes of this article is the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). Of significance is article 3 of the Convention, which obliges State Parties, among other things, to undertake appropriate measures in all fields, including introducing some legislation, to ensure the equal rights of women. The previous state of the law exposed Sierra Leone to a lot of criticism in international circles. The provisions contained in the Gender Acts are indicative of Sierra Leone’s leap towards bringing its legislations in line with its international obligations. Despite this development, it is important to note that there are few more laws the government needs to enact. Examples of these laws include the Sexual Offences Act and a Matrimonial Causes Act, both of which have already been drafted by the Law Reform Commission and await enactment. Having said that, it is important to note at this junction that, sections 27 (4)(d) and (e) of the 1991 Constitution of Sierra Leone which gave deference to laws and customs that discriminate against women has been recommended for repeal by the Constitutional Review Commission in the report presented to the president.
Education Drive on the Gender Acts
Now that the Gender Acts are part of Sierra Leone’s legislation, it is essential that concerted efforts be geared towards educating the populace on the provisions of this Act and the rights they confer on the previously under-privileged. Civil society and women’s groups should not relent in their drive, which they have already started to sensitize and train communities. This need is particularly pressing in light of the low level of literacy in Sierra Leone, coupled with the social and cultural attitudes towards the role and rights of women in society. Furthermore, administrators of justice such as lawyers, judges, magistrates and even customary court chairmen need to familiarize themselves with the provisions of the laws.
Implementation Mechanisms
Throughout the Gender Acts references are made to entities and/or individuals whose roles are central to their implementation. For example under the Domestic Violence Act the police are empowered to receive complaints relating to Domestic Violence and are required to assist the victim to obtain medical treatment and report where necessary and assist the victim to a place of safety in circumstances where the victims life is under threat. Further, the Magistrate Courts are empowered to grant protection orders to the victim of domestic violence and or related persons. The Minister for Social Welfare is empowered to make regulations to give further efficacy to the Act. Under the Registration of Customary Marriage and Divorce Act the Local Councils have responsibility for registration of customary marriages and divorces. Under the Devolution of Estate Act the High Court is granted powers to adjudicate disputes under the Act order the sale of proceeds of an estate and appoint receivers. In all of the above cases, the bodies/institutions mentioned are given powers, which must be exercised carefully, efficiently and consistently in order to protect the rights of those whom the Acts seek to protect.
In this vain it is necessary that personnel in these institutions be properly and adequately trained on the provisions of the Act, the scope and ambit of their powers and the need for effective implementation, if the Acts in question are to carry any meaningful value in practice.
Conclusions
In conclusion it is one thing to have these laws enacted into the Sierra Leone statute books, but it is quite another to ensure that the provisions are strictly implemented. It is with this in mind that the relevant authorities must consider how the Gender Acts are to make a serious impact upon the rights of those whom it seeks to guard and protect.
I will endeavour to in the next article to suggest some of the steps that need to be taken to ensure full implementation.