The introduction of the three ‘gender laws’ relating to intestate succession, domestic violence and registration of customary marriages in 2007 is seen as a major step towards improving the status of women and girls in post-conflict Sierra Leone. Prior to the enactment of these legislations, women suffered discrimination in almost every sphere of life including marriage, adoption, cultural practices and beliefs, and distribution of property. During the war, women and girls were uniquely targeted by the different fighting factions. In addition, they became frequent victims of domestic violence and other related problems despite the fact that they make up 51% of the population in the country. As a result, the ‘gender acts’ were enacted to address these problems and to consolidate respect for human rights and the rule of law. These Acts provide for dialogue, security and safety for all irrespective of sex thereby upholding human dignity at all times.
The Ministry of Social Welfare, Gender and Children’s Affairs recently launched the National Strategic roll-out plan on the ‘gender acts’ which clearly defines the role of major stakeholders and the National Committee on Gender Based Violence to help in the implementation process. During the 16 days of activism launched on 25th November instant, the Ministry together with INGO’s, NGO’s,etc will work together to reflect on the real issues of Gender Based Violence and to prepare a data of all incidence of domestic violence in the country. Already, implementation of the gender laws has been integrated into the justice sector’s three year strategy and it has also been prioritize in the UN Peacebuilding Commission Framework for engagement in Sierra Leone. However, in spite of all these efforts having been made so far, there is still a lot to be done in order to implement key provisions as enshrined in the Acts. This article will examine some of the major challenges in the implementation process and the need to implement its key provisions.
One of the greatest obstacles in the implementation of the ‘gender laws’ is that some of the provisions are contrary to some entrenched provisions as provided for in the 1991 Constitution. For instance, where as the ‘gender laws’ of 2007 makes provision for non discrimination, the Constitution of Sierra Leone, with particular reference to section 27(4)(d) provides otherwise. And where there is such contention, the Constitution takes precedence pursuant to section 171(15) which state that “This Constitution shall be the supreme law of Sierra Leone and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void and of no effect”. The point being made here is that unless section 27 of the Constitution is amended, the implementation of the ‘gender laws’ in respect to discrimination will be seriously undermined.
Another problem is the duplication of efforts by various organizations working on sensitizing communities about these laws. That is, since these organizations do not work under an umbrella organization, there exists the tendency for their efforts to be duplicated in their sensitization strides. Thus, there is a need to harmonise efforts so as to make sure that they are not duplicated and that the messages disseminated are correct. As such, coordinating sessions need to be organized where different organizations participate to map out strategies and formulate a common training programme and answer to some of the frequently asked questions posed by communities in relation to implementing the laws. In addition, journalists should also be trained in order to help them properly disseminate the contents of the ‘gender acts’. Also, the implementation process seems not to be a priority of Government insofar as it relates to improving the status of women and girls in the country. The Ministry of Social Welfare, Gender and Children’s Affairs, which is the lead agency in the implementation process, is seriously underfunded. Although the said Ministry has the largest portfolio of all government departments, yet it has the smallest budget. In 2006, for example, its budget was 500,000 USD, the bulk of which covered staff cost. Even though the Ministry has offices in the provinces, it lacks the capacity to carry out significant projects. It is therefore utterly necessary for steps to be taken to strengthen the Ministry so that they will be able to carry out their work efficiently.
Strengthening the formal and informal justice systems is another major challenge in the implementation process. In order for the Acts to be meaningful, individuals must be able to claim their rights in both formal and informal courts. Currently, the formal court system is inaccessible to a large proportion of the population due to high costs, distance, complexity, delay in proceedings etc. In the informal courts (local court), used by a greater percentage of the population, these laws are hardly recognized, let alone implemented. It should be noted that the ‘gender laws’ were enacted to protect primarily vulnerable members of society when they are most in need. This purpose will not be achieved if such persons are unable to access justice when alternative means of dispute resolution fail. Therefore, steps should be taken to ensure that such persons are protected by the law in their time of need. This can be achieved to some extent through the full implementation of the ‘gender laws’. One way to ensure this is to provide trainings for court officials on the provisions of the laws.
One of the major aims of the enactment of the Registration of Customary Marriage and Divorce Act 2007 is to prevent forced and early marriages. However, section 2 of the said Act states that if “…either of the prospective spouses are under 18 years of age, the parents should give their consent and if they are dead, the consent of the guardians may be sought.” Section 3 of same states that “[i]f the consent of the parents or guardians cannot be obtained or unreasonably with held, a Magistrate or local government Chief Administrator of the locality in which the marriage is to take place may give his consent.” In short, the consent of the child is not necessary which is in contravention with the Child Rights Act. This provision has been vehemently contested by child rights organizations as well as activists as it does not prevent a child to be forced into early marriage. It is therefore incumbent on the Ministry of Social Welfare, Gender and Children’s Affairs to robustly advocate an amended or repeal of the said sections in question.
Provision is also made under this Act for all customary marriages to be registered in order to protect spouses who contract marriages under customary law. Section 2 says, “The application for the registration of a marriage entered into before the date of the coming into operation of this act shall be made within six months of that date and in the case of a marriage entered into that date, the application shall be made within six months after the marriage’. However, it is over a year since this law was passed and the registration process of such marriages is yet to be set up in the local councils, charged with that responsibility. It is essential that the setting up of registration process is expedited so that spouses will be able to register and keep their certificates in case of death or divorce for the administration of estates. Most women in customary marriages still continue to suffer in the hands of their husbands and their families. Hence, the Ministry of Local Government and Community Development should fast-track the setting up these centres as quickly as possible to help women seek redress in an event of abuse of their rights.
Under the Domestic Violence Act of 2007, the Ministry of Social Welfare is supposed to provide or make available safe homes for victims of domestic violence. Section 15(2)(g) states that “ [a] provision ordering the relocation of the applicant to a safe house to be provided by the Minister and compelling the respondent to pay rent for the period the applicant resides in such a safe house if the court is satisfied that that is reasonably necessary for the safety of the applicant or any child or person in the care of the applicant.” These homes are yet to be provided and as such, women continue to suffer domestic violence. Making matters worse, most of them refuse to prosecute because of fear of reprisals from the perpetrators. Some do not even have options so they prefer to endure. In a report issued by Physicians for Human Rights just after the war in 2002, It is reported that 67% of urban Sierra Leonean women suffer domestic violence. If these homes are not set up, the problem will continue unabated. The UN Peacebuilding Funds has donated the sum of 200 thousand dollars for the setting up of these homes; but sad to note that the work is yet to be done.
The implementation of the ‘gender laws’ is still far from becoming a reality. In order for it to be actualized, all hands must be on deck-stakeholders-to sincerely commit themselves to the realization of this goal. Put simply, all must be ready to walk their talk; or else the purpose of enacting the laws-to improve the status of women and girls, will be defeated.