Women’s Land Rights in Sierra Leone: Examining the 2022 Customary Land Act through the Lens of International Law and Legal Pluralism

Introduction

Despite legal recognition of women’s rights in Sierra Leone, they faced significant barriers to land ownership. Discriminatory laws, social norms, and customs hinder their access. This article examines how the 2022 Customary Land Act, analyzed through international law and legal pluralism, will be used to address these challenges and empower women by improving their land rights. Land is crucial for economic and social development, and securing women’s access to it is essential for progress in Sierra Leone.

Legal and Constitutional Framework

Notwithstanding, Article 27 of the Sierra Leone Constitution Act No. 6 of 1991 forbids sex discrimination. Likewise, Article 1(3) of this constitution recognizes that all women have the right to own property and pass it down to their offspring. Still, it exempts chieftaincy property and possessions protected by Customary laws. The guarantees of equality and deeply ingrained customary rules frequently dictate otherwise, especially when it comes to land ownership.[1]

The 2007 Devolution of Estates Act aimed to grant women equal inheritance rights in Sierra Leone, but its implementation faces significant challenges. Traditional customs often prioritize male heirs, restricting women’s property ownership and access. This hinders their economic independence and social empowerment. Sierra Leone has ratified international agreements such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which protects women’s property rights, and the International Covenant on Civil and Political Rights (ICCPR), which recognizes the right to decent housing, which is closely linked to land. While other treaties do not explicitly address land rights, they guarantee equality before the law and freedom from discrimination. Despite these commitments, translating international laws and policies into effective domestic reforms remains challenging for Sierra Leone. Overcoming deeply ingrained social norms and ensuring equal access to justice for women are crucial steps towards achieving gender-equitable land tenure.

Legal Pluralism and Implications for Women’s Land Rights in Sierra Leone

The coexistence and interplay of several legal systems is referred to as legal pluralism in the context of Sierra Leone’s land laws. This encompasses formal law, such as Sierra Leone’s Constitution Act No. 6 of 1991, the Customary Land Act of 2022, and other statutory laws enacted by the government of Sierra Leone. It also encompasses customary laws, comprising unwritten rules and traditions that have evolved within specific communities over time. These laws, which are frequently passed down verbally and upheld by customary means, varied greatly among Sierra Leone’s various ethnic groups, geographical areas, and religious communities. In local contexts, they regulate important facets of land ownership, inheritance, and use. The customary prohibition against women possessing property was eliminated by the Devolution of Estates Act of 2007, which also established equality in the distribution of estates between men and women. However, because formal and customary regulatory systems are interrelated and overlap, it is necessary to attempt to go beyond the knowledge of a single legal system or even a dualistic view of land tenure. Limited provisions that permit women to participate in constitutional rights related to land, property, marriage, divorce, and ownership are found in statutes and customs. The difficulties with them coexisting between several legal systems, including possible inconsistencies, legal ambiguity, and the possibility of marginalization or discrimination against women, particularly. Therefore, to guarantee fair and just land rights for women, it is essential to identify, regulate, and bring these disparate legal systems into harmony.

The 2022 Customary Land Acts

In Sierra Leone, the 2022 Customary Land Act automatically repeals the discriminatory sections of the Provinces Land Act of 1972, which represents a major advancement in women’s land rights. These historic laws explicitly recognized that, to address historical and systematic injustices, all residents have the right to own and inherit land, regardless of gender, colour, or place of birth. The Act repeals various sections, including section 122 of the Provinces Land Act 1972, The Protectorate Land Ordinance of 1927, the Local Government Act, No. 1 of 2004 (Section 20), and the Unoccupied Lands (Ascertainment of Title) Act, Cap 117 of 1960, have all been erased and are no longer legally binding. This Act directly opposes discriminatory customs that frequently deny women access to their ancestral lands or limit their authority over land resources. It has been argued by academics that because customary tenure systems are so flexible, a strong land policy is needed to safeguard the access of the rural poor to land and subsistence opportunities for women.[2] The goal of this legislative change is to provide women’s property ownership a more egalitarian legal foundation.

Potential Hurdles and Opportunities

The 2022 Land Acts in Sierra Leone aim to advance women’s land rights by granting them equal ownership and inheritance rights. Still, there are difficulties. Restrictions on women’s inheritance rights and widow inheritance are examples of deeply embedded social conventions that still prevent women from obtaining land. The concerns of equality arise from their relationship.[3]

 Further impediments include a lack of knowledge about the new rules, inadequate access to legal help, and possible constitutional inconsistencies. The 2022 Land Acts in Sierra Leone offer significant potential for women’s empowerment. Through securing land rights, women can increase agricultural production, enhance their economic independence, and improve their overall well-being. However, successful implementation requires concerted effort. Challenges include deeply ingrained social norms, limited access to justice, and inadequate awareness of women’s rights under the new law. To overcome these hurdles, the government, civil society, and local communities must collaborate. This involves raising awareness, strengthening legal aid, and addressing the social and cultural barriers that hinder women’s access to land. The argument that land reforms are unnecessary in Africa, positing that customary tenure will naturally adapt to economic changes, presents a limited perspective.[4] While customary systems have shown resilience, they often contain inherent inequalities, particularly for women. The 2022 Land Acts in Sierra Leone signify a recognition of the need for a more deliberate approach.

Conclusion

The 2022 Land Acts in Sierra Leone present a crucial opportunity to enhance women’s land rights. While these Acts offer a legal framework for change, their successful implementation hinges on overcoming persistent challenges. Firstly, deeply ingrained social conventions and traditional behaviors frequently discriminate against land ownership by women. Secondly, ensuring women have access to justice and can effectively claim their rights within the legal system remains a critical hurdle. Addressing these issues requires a multi-faceted approach. This includes robust public awareness campaigns, targeted interventions to challenge discriminatory norms, and strengthening the capacity of legal institutions to support women’s land rights claims.  Sierra Leone will create a more equitable land tenure system that empowers women and drives sustainable development.

[1] Renner-Thomas, A., Land Tenure in Sierra Leone: The Law, Dualism and the Making of a Land Policy (AuthorHouse 2010) 230.

[2] Ahene, R., ‘Customary Tenure Trusteeships and Land Governance Reforms: A Necessary Convergence’ (2019) 3 African Journal of Land Policy and Geospatial Science.

[3] Universal Declaration of Human Rights (UDHR) (1948) GA Res 217A, UN Doc A/810, Art 23.

[4] Center for Sustainable Rural Development (CSNRD), Report 33 (East Lansing, MI) 28-3.