by the Local Courts Act, 1963) are no longer presided over by a traditional leaders,
as was formerly the case. The transition of control of these courts from traditional
leaders to the judiciary is an ongoing process. The Local Courts Commission,
overseen by the judiciary, selects and appoints Local Court Chairpeople and other
key staff. The Local Courts Commission is required to appoint adjudication officers
that are proficient in the local language, have been resident in the chiefdom for
five years and are knowledgeable and experienced in the customs and traditions of
the chiefdoms. The courts have jurisdiction over civil and criminal matters arising
within the local jurisdiction which are not so serious as to attract fines / sentences
above a set amount. The courts may be order restoration. However their jurisdiction
does not extend to serious matters of sexual abuse, rape and/or murder. All decisions
made by the Local Courts may be appealed to a District Appeals Court (made up of a
magistrate and 2 assessors with experience in customary law) and thereafter to the
Local Appeals Division of the High Court where matters are heard by a judge and 2
customary law lay experts.
The country also has an informal traditional legal system which is administered by
paramount chiefs, section chiefs and village headmen and other traditional dispute
resolution structures. They often hold informal courts where they adjudicate cases,
levy fines and impose other forms of punishment using local conflict resolution
mechanisms. Whilst these structures have no formally recognized authority or
jurisdiction, a 2005 study found that they enjoyed strong grassroots support and
trust, largely because of the inaccessibility of the formal justice system and because
of the perceived disjuncture between statutory laws and the lived experience of the
majority of the population that live in the chiefdoms under customary law (Sawyer,
2008). This is especially true with regards to cases of child abuse. It is common
practice for child offenders to be referred to the traditional dispute resolution
mechanisms such as family elders, local or paramount chiefs or the Local Courts
(Child Frontiers, 2011). This is cause for concern because of uncertainty as to the
quality of justice provided by chiefs and local courts especially for children and
other marginalized groups such as women. There is little information available
about the processes and procedures followed by chiefs and local courts, especially
with regards disputes involving children, and what role, if any, the child victim
or offender plays in the proceedings, whether they participate and whether the
sanctions or penalties handed down respect human rights (Child Frontiers, 2011).
This information gap has been recognized and addressed with the commission of a
study in 2014 by UNICEF on how traditional justice mechanisms affect children.
39.
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In laying the foundations for the child protection system, the Child Rights Act has
sought to strike a balance between international standards, traditional customs and
practices, and inherited colonial legislation. It recognizes the rights of children
to participate in cultural activities and further mandates that every child shall be
brought up and educated to take pride in his culture and national identity, and that
every child shall be provided with an opportunity to learn at least one indigenous
Sierra Leone language from primary school. It further incorporates a number
of customary decision-making procedures and practices and acknowledges the
importance of traditional and religious leaders in the protection of children and
adjudication of matters involving children, while simultaneously reinforcing respect
for the best interests of children and the need to discontinue harmful customary
practices.
Government of the Republic of Sierra Leone Initial Report on the African Charter on the Rights and Welfare of the Child 2002-2014