2.2 Measures to promote positive and discourage harmful
customs and traditions
33.
The GoSL has a pluralist legal system which recognizes, respects and seeks to promote
customary law, traditions and practices alongside the formal legal system made up
of the common law and legislation passed by the legislative arm of government.
34.
The duality of the system is constitutionally recognized. Chapter XII of the Constitution
states that the laws of Sierra Leone shall comprise the Constitution, Acts of Parliament
and the common law which includes the rules of customary law. Customary law is
defined as the rules of law which, by custom, are applicable to particular communities
in Sierra Leone. It includes written and unwritten laws. However, all customary laws,
as in the case of all other laws, are subject to the provisions of the Constitution.
35.
Further to the above, Section 12 of the Constitution of Sierra Leone provides that the
Government shall:
a.
b.
c.
d.
promote Sierra Leonean culture such as music, art, dance, science, philosophy
education and traditional medicine which is compatible with national development;
recognize traditional institutions that are compatible with national development;
protect and enhance the cultures of Sierra Leone; and
facilitate the provision of funds for the development of culture in Sierra Leone.
36.
The GoSL has advanced its dual obligations to protect, respect and promote customary
laws and practices and children’s rights. It has integrated, into the policies, laws and
programmes governing children’s development and protection in the education, health
and justice sectors, child protection and child justice, positive indigenous customary
laws, institutions and practices.
37.
Whilst recognizing that custom and the development of children can be mutually
reinforcing, the GoSL has recognized that there is at times a tension between the
two; that certain customary practices and institutions are inimical to the rights and
development of children. It has thus also outlawed and / or restricted some harmful
customary laws, practices and institutions.
38.
The justice sector has embraced and regulated traditional dispute resolution institutions
through their incorporation into the formal justice system and their regulation through
various statutes. Historically there have effectively been three justice systems in Sierra
Leone, two of which are founded on traditional dispute resolution and adjudication
institutions and practices. There is the formal justice system which is administered
through ten magistrate’s courts as well as the High and Supreme Court of Sierra Leone.
The formal justice system applies the common and statutory laws of Sierra Leone. Of
the ten magistrate’s courts, five are in Freetown and five are rotational courts that
move through the 12 districts.
There is also the customary justice system which is administered by the Local courts
which are located in the 149 chiefdoms. They are adjudicated by a chairman who
is advised by community members with knowledge of customary law. The Local
Courts, which are now governed by the Local Courts Act, 2011 (formerly governed
2. General Measures of Implementation
15