Whose Justice in Sierra Leone? Power, Security and Justice in Post-Conflict Reconstruction

Abstract

For most people in Sierra Leone, justice is not dispensed by formal systems but by a dense network of institutions at the local level, which may or may not be codified or even visible. These institutions constantly change and are subject to a variety of controlling bodies, which regulate the meaning and enforcement of common law. Indeed, even the formal institutions of local and Magistrate courts draw on common law rather than state law in many of their cases, and this is open to interpretation and influence according to changing local customs. Different social structures exercise influence over justice processes and outcomes. These biases exist despite the public, national agreements, for example, to enforce human rights legislation. Local power is at least partly exercised through the appointment to courts and through the role of elders within villages, many of which are relatively old and also male. As documented below, this leads to institutional bias within the customary system, particularly against women and those classified as youth.