70172


                   Access to Justice in Sierra Leone:
                             A Review of the Literature




                                                  May 2008




                                               by Pamela Dale*




* The author is grateful to the Justice for the Poor team, in particular Tanja Chopra, Ryann Manning, Vivek
Maru, Milena Stefanova and Caroline Sage, for their feedback, substantive contributions, and editorial assistance.
Comments and questions are welcome, and should be addressed to Pamela Dale
(pdale@worldbank.org). For questions on the World Bank’s Justice for the Poor program in Sierra
Leone, please contact Katherine Rogers (krogers@worldbank.org) or j4p@worldbank.org.
                                          DISCLAIMER
Publications produced by the World Bank’s Justice for the Poor program are intended to contribute to
understanding, discussion and debate on the practical and theoretical issues surrounding justice and
governance reform. These publications provide the opportunity for a diverse array of authors to
present interesting and up-to-date findings, tools and lessons learned. Feedback from readers is
encouraged, and should be sent to the author(s) at j4p@worldbank.org.

Though all J4P publications have undergone internal review to ensure factual accuracy and
professional-quality research, the views expressed in these publications are those of the author(s),
and do not necessarily reflect those of the World Bank, the Justice for the Poor program, or the
program’s funders and partners.
TABLE OF CONTENTS
Abstract                                                                       1
Introduction                                                                   2
I. Discussion of Fieldwork                                                  3–6
      1.1 Purpose of Fieldwork                                              3–4
      1.2 Methodology                                                       4–5
      1.3 Timeline                                                             5
      1.4 Site Selection                                                    5–6
II. Accessing Justice                                                       7 – 10
      2.1 Cost-Related Barriers                                             7–8
      2.2 Structure-Related Barriers                                        8–9
      2.3 Social Barriers                                                     10
III. Marginalized Populations                                              11 – 14
      3.1 Gender                                                              11
      3.2 Age                                                              11 – 12
      3.3 Association with Fighting Forces                                 12 – 13
      3.4 Urban Migration                                                     13
      3.5 Strangers                                                           13
      3.6 Ethnicity                                                           14
IV. Common Disputes and Conflicts                                          15 – 19
      4.1 Resource-Related Conflicts                                       15 – 17
      4.2 Community Labor and Funding                                         18
      4.3 “Woman Palava� and Marital Conflicts                             18 – 19
Conclusions                                                                   20
Bibliography                                                               21 – 27


TEXT BOXES
Legal-Speak and a Sexual Offense Case                                         9
Strangers in the Majority, Indigenes in the Minority, and a Struggle for     14
Power
Community Labor and a Road through the Bush                                  19
ABSTRACT

The purpose of this paper is to establish a baseline level of knowledge on the current state of local
level justice institutions and access to justice in Sierra Leone’s provinces. This entails a review of
what is known and gaps in the knowledge base, coupled with an analysis of recent events, possible
entry points, and opportunities for intervention. This background will provide direction for ongoing
field research in Sierra Leone, and will help to identify practical solutions to problems of inaccess
and inequitable access to justice.

This paper was commissioned by the World Bank’s Justice for the Poor (J4P) program, a global research
and development program aimed at informing and supporting pro-poor approaches to justice
reform. 1 J4P’s approach is to emphasize social and cultural contexts to generate empirically-based
understandings of how the poor navigate and/or are excluded from existing dispute resolution and
decision-making mechanisms. At its core, this approach centers around a more localized view of
justice than typical justice programs, emphasizing an understanding of “justice� through the
perspectives of users and building on these understandings to implement culturally-appropriate
reforms. Recognizing that comprehensive justice reform is a protracted process, requiring
substantial engagement and investment by a wide variety of actors, J4P implements locally-
responsive interventions that have a visible effect in the short-term, while providing a catalyst for
sustainable, long-term improvement.

In this preliminary phase of research, the primary source of information for this paper was a
comprehensive literature review. The review included an exploration of legal documents (including
laws and statutes, and case summaries where available), historical documents, anthropological texts,
current social and political pieces (including newspaper articles, political speeches, and findings from
committees of inquiry), and the findings from on-going or recently completed field research
projects. While these sources have helped develop a context for this report, and have been cross-
checked for appropriateness and validity where possible, there are several potentials problems
associated with reliance on secondary sources. These include, inter alia, lack of information on
research methodologies, bias or agenda of sources, reliability over place and time, and differences in
definitions of key concepts (for example, “informal�, “grievance�, or “youth�). Furthermore,
literature related to the civil war is ex-post, and many of the studies cited may rely on small sample
sizes or are difficult to generalize.

This literature review is both by intent and necessity quite rudimentary, reflecting the dearth of
recent research on local-level justice systems and processes in Sierra Leone. Thus, the ideas
presented in this report should not be read as conclusive, but rather as hypotheses requiring further
study, analysis, and discussion on many levels. The J4P program’s ongoing field research in Sierra
Leone seeks to provide in-depth analyses that will supplement the present knowledge base and
address these gaps. In this way, the research and literature review will contribute to development of
a firm foundation for effective justice reform interventions in Sierra Leone.



1J4P is a global research, knowledge sharing and development program, which includes an Africa regional program
supported by the Bank-Netherlands Partnership Program (BNPP) (Justice for the Poor: Breaking Legal Inequality Traps at the
Local Level, $450,000, Jan 2006-Dec 2007), of which Sierra Leone is a part.

                                                                                                                      1
INTRODUCTION

Sierra Leone operates under a bifurcated legal structure which incorporates both elements of
traditional or customary law 2 and a formalized system based on English common law. Currently,
85% of Sierra Leoneans fall under the jurisdiction of customary law. 3 The supremacy of local courts
in civil cases was enshrined in the 1963 Local Courts Act and the Local Court Rules PN No 8 of
1964 (CARE 2003 and Kane 2005). The official authority of informal justice systems has ebbed and
flowed as the government has undergone cycles of decentralization and tightening of state control;
however, in the eyes of many Sierra Leoneans, traditional systems remain the primary avenue for
redress of violations of rights or law (Alterman et al 2002).

For many outside actors, there is a lack of clarity about how and why Sierra Leoneans decide where
to pursue cases. Moreover, there is even less comprehension of the workings of the various informal
systems used by the majority of citizens. Much of the literature postulates that citizen’s decisions to
bring cases before these informal systems results, at least in part, because they comply better with
local values and perspectives (such as a preference for restorative versus retributive justice), and are
faster, cheaper, easier to reach, and more easy to understand (WDR 2006, ICG 2003, Duthie 2005
and Alterman 2002). However, the literature has also indicated that faith in chiefs and customary
systems has diminished somewhat since the end of the civil war, and some traditional systems and
practices have come into question (Fanthorpe 2004, Alterman et al 2002).

Regardless of where Sierra Leoneans pursue justice, the literature and recent studies have found
barriers to access and problems with equity, transparency and consistency of rulings that may serve
to further marginalize underserved populations (Keen 2005, Fanthorpe 2006, World Bank 2006b
and Manning et al 2006). Justice reform efforts that work primarily with formal justice systems may,
in leaving out the customary systems used by the majority of citizens, miss an opportunity to
improve an aspect of the sector that is most relevant to a wide swath of the population. A
comprehensive approach to justice reform requires understanding of and engagement with
customary systems. The World Bank’s Justice for the Poor program will attempt to contribute to this
understanding through methods explained in further detail in the next section of this document.

The time is ripe for this type of program. The World Bank’s 2006 World Development Report,
which addressed issues of Equity and Development, emphasized the importance of the informal, in
law as much as economic systems (World Bank 2006c). The United Nations’ Commission on Legal
Empowerment of the Poor is examining access concerns as key to improving prospects for
development (UNDP). Sierra Leone itself is contemplating the role of customary systems as part of
its decentralization, chiefdom governance reform, and justice reform efforts. By taking advantage of
these entry points for engagement, international organizations can have a lasting impact on the lives
of the poor and marginalized in Sierra Leone.




2 Traditional and customary systems include both the officially-recognized local customary courts, unofficial but widely-
used chief’s courts, religious leaders, professional organizations, secret societies, family groups, and others.
3 Kane et al, 2004.


                                                                                                                    2
DISCUSSION OF FIELDWORK

1.1      Purpose of Fieldwork 4

The primary purpose of the fieldwork in Sierra Leone is to aid in the development of a more
comprehensive picture of conflict and justice in Sierra Leone’s provinces, which will be used to
inform the evaluation of existing interventions and inform the development of effective operations
in the areas of governance and justice. Key questions that will be answered in the course of the field
research include:

         Who are the main authorities or power holders in the communities? Where do they derive
         their authority and legitimacy?

         What are prevailing social norms and governance rules regarding how collective decisions are
         made, how public resources are mobilized and utilized, and how authority is exercised? Do
         different groups have noticeably different attitudes towards and perception of authorities,
         and different degrees of participation in collective action?

         What kinds of systems and mechanisms are utilized to resolve and manage grievances and to
         lodge claims against state or non-state authorities, and why? Are certain groups or
         communities more likely to pursue justice? If so, why?

         What trajectories do the grievances follow, and why? What are the outcomes of these
         processes, and what factors influence the results?

         How do the mechanisms employed, the trajectories, and the outcomes differ with respect to:
         a. the characteristics of individuals and communities involved (and why)?
         b. the characteristics of particular grievances (and why)?

         What barriers to effective justice and governance exist, and which individuals, groups, and
         communities are most affected? How are these barriers overcome, or how could they be
         overcome? Which groups have a vested interest in maintaining the barriers?

         How are the answers to all of these questions changing over time? How and why does local-
         level justice and governance improve or deteriorate?

         What is the impact of external justice and governance interventions? Do they affect people’s
         attitudes towards authorities, their participation in public affairs, and their perception of
         influence? Do they trigger change in what people demand and obtain in relation to justice
         and governance? Do they result in more just outcomes? Are their effects sustainable beyond
         the end of the intervention?



4 Much of the material for this section in drawn from the Justice for the Poor and Understanding Processes of Change in Local

Governance Concept Note (2006), developed by the World Bank with the participation of external stakeholders. Substantial
pieces of the text were draw verbatim from this note.

                                                                                                                       3
A secondary objective of the fieldwork is to develop the project design, financial management, and
qualitative research capacity of a local organization, with the objective of assisting this partner in
using such findings to inform policy debates. To achieve this goal, J4P has selected the Campaign
for Good Governance, a local NGO, to assist with research design, implementation, and project
management.

1.2     Methodology

As stated earlier, one purpose of the Justice for the Poor program is to gain a clear understanding of
justice through the eyes of the poor. This perspective requires a research approach that weds an aggregate
view of the community experience with a more nuanced view of representative individual
experiences. In order to capture both of these perspectives, J4P will utilize a mixture of quantitative
and qualitative research methods. Quantitative analysis will be used to elicit information about
knowledge, attitudes, and self-reported behavior, as well as about characteristics of the respondents
and the communities. It will also be used to provide insight into the functioning of primary justice
institutions and the cases they handle. Qualitative methods will delve more deeply into a smaller
number of cases, offering greater insight into the process, and allowing greater room for surprising
or unexpected findings. Specifically, J4P will use some combination of the following:

        Household survey data, drawing on the surveys conducted as part of the joint World Bank
        Institutional Reform and Capacity Building Program (IRCBP)-GoBifo evaluation, and
        tapping into other data sources as necessary (such as the National Commission for Social
        Action of Sierra Leone’s (NaCSA) opportunities and services mapping, the recent
        government census, and biannual public expenditure tracking surveys); 5

        Court records analysis from both customary and common law courts, across different levels
        of courts and different areas of countries;

        Case study methods, combining and cross-referencing data to develop informative stories
        that are notable either for their frequency or their uniqueness;

        Focus group interviews with a wide range of stakeholders at the district, chiefdom, and
        community level, including chiefdom and local government authorities, customary and
        general law courts officials, police, NGO representatives, women and youth leaders, and
        “ordinary� men, women, and youth (with an emphasis on the poor and marginalized in each
        community); and

        Individual interviews with subsets of the population, to provide in-depth information on
        individual experiences with justice systems.



5IRCBP is funded by a World Bank IDA Grant No. H0860-SL, US$25.12 million. Approved: 11-May-04. Closing Date:
30-Jun-08. GoBifo is a Krio word meaning “go forward� or “progress,� and is the name of a pilot CDD project
operating in Bombali and Bonthe Districts. GoBifo is funded by the World Bank’s JSDF trust fund facility. (US
$2million, Feb 2005-Dec 2007). NaCSA is a Sierra Leonean government organization responsible for implementing the
National Social Action Program, or NSAP, which is funded by the World Bank, IDA Credit #2748-SL, US$35.0 million.
Approved: April 24, 2003. Closing Date: Dec 31, 2008.


                                                                                                           4
1.3 Timeline

The initial phase of J4P Sierra Leone research began in late 2006. It has involved intensive capacity-
building of the research team, in addition to substantial and informative preliminary research.
Because of the qualitative research capacity in-country, J4P has proceeded with a very small and
well-supervised research team in this initial phase of the project. Initial research, which has
combined practical field training with data gathering, is building upon preliminary scoping research
conducted between April and October of 2006. Currently, the research teams are conducting
interviews and site visits and developing written analyses of case studies in project sites, which are
detailed below. A training period has preceded, and an analysis period has followed, each stage of
research.

       Stage 1: Practical Field Training and Initial Case Studies
       The research teams were dispatched to a fishing village in the Western Area Rural District
       and a chiefdom in Bo District to practice qualitative research techniques and gather
       information on the community and on the range of grievances present. The team received
       intensive supervision, feedback, and support from the World Bank and the Campaign for
       Good Governance. The researchers, in cooperation with the supervisory team, selected cases
       to develop and analyze, and together produced comprehensive case studies on local council
       and town headmanship election grievances, disputes over spending of development funds,
       and the provision of community labor.

       Stage 2: Second Round of Case Studies
       The research teams have been dispatched to Bombali District in the Northern Province and
       Moyamba District in the Southern District to conduct Stage 2 research. As in Stage 1, they
       will introduce the research initiative to key stakeholders and conduct key informant
       interviews, leading to selection of informative cases. Case analysis will be conducted and case
       studies released.

       Stage 3: Final Phase I Case Studies
       Depending on time, the research teams will be dispatched to additional research sites for
       Phase I research. As in the preceding stages, the teams will develop case studies from start to
       finish, analyzing the trajectory of the grievances and the outcomes through information
       gained in key informant interviews, focus group discussions, and participant observation
       exercises.

1.4    Site Selection

J4P Sierra Leone and the Campaign for Good Governance have selected the following areas as key
sites to conduct Phase I research: Western Area Rural, Bombali District (Northern Province), Bo
and Moyamba Districts (Southern Province), and Kono District (Eastern Province). District
selection, and subsequent chiefdom and community selection, was based on a number of criteria,
outlined below. Selection also took into account logistical and financial considerations, particularly
in relation to remote locations.

       Inclusion of sites in each of Sierra Leone’s three provinces (North, South, East) and
       the Western Area. Geographic diversity has the benefit of capturing different ethnic

                                                                                                 5
groups, different economies, and different histories (particularly different experiences during
the war). It also allows for greater legitimacy and operational relevance of any conclusions.

Inclusion of locations with ethnic and political divisions. Some of the most interesting
disputes seem to occur in areas with a mix of ethnic groups or of political affiliation.
Conflicts between ethnic groups may also add another dimension to the interaction of
multiple rule systems.

Frequency, visibility, and intensity of disputes and claims. Given that cases will be
selected not for their representativeness but for their ability to shed light on the research
questions, locations with more frequent, more visible, or more aggressively contested
disputes and claims will provide richer data than locations where such disputes and claims
are rare, silent, or quickly-abandoned.

Presence of justice and governance interventions. The presence of World Bank-
supported community-driven development projects, World Bank-supported IRCBP project
components, Department for International Development (DfID)-supported justice sector
reform programs, DfID-supported work with civil society, and various civil society
initiatives (including Timap for Justice, which also now received World Bank support) was
considered in site selection.

Relative isolation / connectedness of communities. Selection aimed for a mix of more
and less remote communities, ensuring that the sample includes both relatively isolated
communities and those that are more connected to transport, communications, and social
and economic networks.

Inclusion of key types of disputes. Some types of disputes (e.g., mining or other material
resources) are strongly location-specific but have great national significance, and/or seem
like particularly relevant entry points for understanding local-level justice and governance.

High density of key populations sectors. The project has explicitly sought sites with high
densities of populations (identified in the section termed “Marginalized Populations�, below)
that may face increased barriers to access to justice systems.

Overlap with GoBifo evaluation. The World Bank is sponsoring a randomized evaluation
of this pilot community-driven development project. Overlapping with this ongoing
evaluation allows for sharing of data and other collaboration, as well as consideration of the
impact of GoBifo on local-level justice and governance.




                                                                                         6
ACCESSING JUSTICE

Sierra Leoneans attempting to access justice 6 through the country’s complex, bifurcated legal system
are presented with a number of barriers. These barriers can be broadly broken down into those that
are the results of the system’s costs (including costs of services, fines, time, and transportation) or
structure (court infrastructure, skills of officials, and lack of ownership), or, in the case of the formal
justice system, its incompatibility with social norms. Initial research has shown that access to the
informal and formal legal systems, satisfaction with outcomes, and perceptions of justice vary widely
across chiefdoms (GoSL 2006b). Thus, the list of barriers highlighted below should not be assumed
to be universal – or, for that matter, comprehensive. Further research, including in-depth qualitative
study of the sort undertaken by J4P, is needed in order to determine the extent to which these and
other barriers impede access to justice in the provinces.

2.1      Cost-Related Barriers

One of the foremost barriers preventing access to Sierra Leone’s justice systems, both formal and
informal, is cost. With a GDP per head of $548 in 2005 7 , Sierra Leone is one of the world’s poorest
nations. This extreme poverty magnifies the effects of conflicts that are small by western standards,
such as disputes over small sums of money or “minor� loan conflicts, and also amplifies the costs of
recovery. The costs of accessing justice in Sierra Leone come in a variety of forms: direct costs of
services, fines, time, and transportation.

Direct Costs of Services

In Sierra Leone’s formal courts, where an inadequate legal aid structure makes contesting parties,
regardless of income, responsible for court fees, legal representation, and other service fees, the
costs are prohibitively high for all but the wealthiest of citizens (GoSL DACO 2003). Yet even in
local courts, which are designed to be “closer to the people�, interviews suggest that costs are often
too high to encourage use (Alterman et al 2002 and ICG 2003). Determining provincial resident’s
willingness to pay for court services, and gaining a more detailed picture of the current court fee
structure, will be necessary in order to address service-fee based barriers to access.

Fines

Whether bringing cases in the formal or informal court system, Sierra Leoneans are sometimes faced
with high and often unpredictable fines. While the formal law of Sierra Leone imposes strict limits
on the amount of fines that can be charged in customary law cases (Fanthorpe 2004), enforcement is
exceedingly difficult given the lack of central control over customary courts. Because of the
irregular and inadequate funding provided to chiefdoms by the Freetown government, court fees
make up a substantial portion of municipal budgets (Thompson 2002 and Jackson 2005). This has
arguably been exacerbated with the advent of the newly-reinstated Local Councils, which now have

6
  It is important to clarify that access to justice is not synonymous with access to courts. While this section
discusses, among other things, barriers encountered when attempting to pursue claims through the formal courts, a
well-functioning justice system will provide sufficient legal clarity to allow for resolution of many – if not most –
disputes outside of the courts.
7 EIU 2006.


                                                                                                                 7
the authority to collect various types of revenue previously collected by chiefdoms, and to share in
others (most prominently, the annual local head tax). Court fees are one of the only sources of
revenue left to chiefdoms, which provides an incentive for some chiefs and local court members to
charge excessive fees and levy large fines, and even to bring cases for the sole purpose of collecting
fees (Fanthorpe 2004). It can also create intense competition between chiefs to hear cases
(Fanthorpe 2004). Like customary law itself, the rules for fees and fines in customary courts are
unwritten (though the Local Courts Act provides some guidance), and many chiefs were found to
distribute arbitrary fines, often at a level incommensurate with offenses and in a discriminatory
manner (Fanthorpe 2004 and Maru 2005). Without a clear and predictable picture of the costs,
provincial residents are, naturally, reluctant to bring cases to any of the various courts.

Time

Both the formal and (to a lesser extent) the informal legal systems are thought to raise prohibitively
long delays in the resolution of the cases brought before them. While initial research has yet to
provide reliable data on the average time for resolution of cases in the courts, these delays and the
accompanying opportunity costs are likely to have a substantial impact on individuals’ decisions on
whether or not to contest a case in court. These costs should be calculated and considered when
designing justice sector projects.

Transportation

Transportation presents a formidable obstacle to accessing the formal courts systems, particularly
for residents in remote areas (Alterman et al 2002). The limited number of functioning magistrates
courts are based in district headquarter towns, which are far away (both physically and mentally)
from residents of many remote - and even not-so-remote - villages. With minimal access to
adequate roads or vehicles, many inhabitants of rural communities find it physically and financially
impossible to access the formal courts, especially for cases that can take several visits to provincial
capitals to resolve. Though local (customary) courts are more numerous than magistrate courts and
are dispersed through every chiefdom, transportation and distance can still be a barrier to access for
those living in more remote communities far from the local courts (as few as one or as many as five)
present in their chiefdom. Adding to the burden of transportation is the fact that the parties to a
case are often expected to pay for the transport of other participants – such as witnesses or
chiefdom police delivering summonses – as well as their own.

2.2    Structure-Related Barriers

The structure of the formal and informal courts also presents a barrier to access in Sierra Leone.
Here, the term “structure� is used to express both elements of the court procedures (formality,
language, views of justice) and the current state of the courts (skills of officials, some court
buildings). While the first category primarily affects access in the formal courts system, the second
can be encountered across all justice systems in Sierra Leone.

Formality and Language

With its basis in English law and legal procedure, the state justice system in Sierra Leone is very
formal in its rules, processes, and appearances. Court proceedings take place in English, a language
which is not widely understood outside of Freetown and its environs – and is not well understood
                                                                                                 8
by many even in the capital - and the language is heavy in legalese. Unlike the customary courts, the
formal courts maintain well-defined procedural rules that are known to court insiders such as judges
and lawyers, but remain a mystery to many individuals outside the legal system. The combined
effect of the court’s formality and language is likely to be extremely intimidating to provincial
residents.

 Box 1: Legal-Speak and a Sexual Offense Case

 During one observation of local court proceedings, the J4P researchers observed a district Magistrate
 delivering the findings from a preliminary investigation against one young man charged with having
 Unlawful Carnal Knowledge (sex) with a girl under the age of 16. The defendant had no legal counsel, did
 not speak English – the language of the official justice system – and obviously had little understanding of
 the court’s proceedings. According to the magistrate’s statement, the boy had admitted to having sex with
 the girl in question; the J4P team wondered if he might not have understood the severity of the charges
 against him. On the basis of that admission, the Magistrate determined that the case would be passed on
 to the High Court.

 After informing the defendant of his decision, the Magistrate asked him various questions – such as
 whether he would like to modify his statement, speak on his own behalf at the High Court, or call
 witnesses or present evidence in the High Court. The boy visibly had no idea how to answer. As the
 proceeding continued, translated from the Magistrate’s very formal English legalese to Krio (the local
 creole language) and back again, one had the sense that the Magistrate and police prosecutor might have
 been the only ones in the room who really understood what was going on.

Views of Justice

While formality and language in and of themselves present obstacles to pursuing justice in the
formal courts, these procedural limitations can be seen as smaller manifestations of a larger
disagreement on the definition of “justice� or fairness. At the most basic level, definitions of
“criminal behavior�, “deviance�, “corruption�, and other legal terms differ widely between the
customary and formal law systems (Thompson 1997). The accepted penalties for violations of social
order also vary between the two systems. While customary law is based in traditions of restorative
justice and community cohesion, which prioritize restitution followed by community healing, the
formal system emphasizes retributive justice (Maru 2006). These differing views of justice may
make citizens unwilling to take cases to the formal courts.

Court Buildings and Court Personnel

Symbols of authority, including formal and informal court structures, were targets of the
Revolutionary United Front (RUF) during the civil war (Bellows and Miguel 2006). As a result of
both war and time, many court facilities were left in a state of disrepair, and despite the considerable
effort and success of such initiatives as the Government of Sierra Leone’s NaCSA program and the
DfID-funded Justice Sector Development Programme (JSDP), some have yet to be rebuilt outside
of major urban centers. Beyond the physical condition of the courts, it is extremely difficult for
remote courts to recruit skilled officials. An additional indication of neglect is the assertion by some
local court clerks and chiefdom police that they are owed years of back pay and have inadequate
resources to perform their jobs. Even when delivered, salaries are very low, providing further
incentive to court officials to engage in bribe-taking. In both the formal and informal systems, a lack

                                                                                                        9
of management oversight and limited opportunities for appeal mean that the level of effectiveness of
the courts depends largely on the skills and personalities of the local court officials or chiefs (DfID
2004).

2.3     Social Barriers

In addition to cost and structure-related barriers, Sierra Leoneans encounter “social� obstacles to
justice in both the formal and informal court systems. Social barriers are those that arise from a lack
of information, or from perceptions of the role of the justice system. Key among the social barriers
are unclear definitions of what is and is not a crime and beliefs that the justice system is replete with
bias and serves the interests of the rich at the expense of the poor.

Lack of Information

During recent attempts at justice sector reform, analyses have found that many Sierra Leoneans are
not aware of what the laws – either formal and customary – are (Kane et al 2004). While customary
law is traditionally bound in customary practice, many Chiefs passed new laws without informing the
public, and prosecuted violators in order to gain revenues from fines and penalties (Fanthorpe
2004). Citizens are even less likely to know the content of formal laws, and recent legislation and
court rulings are reportedly difficult for even legal professionals to access. Lack of access to
information on what constitutes an offense, coupled with limited awareness of avenues for redress,
makes it difficult for citizens to hold public officials accountable for arbitrary or unjust prosecution.

Perceptions of Bias

Interviews with Sierra Leoneans, both in Freetown and in the provinces, yield a frequently-held
belief that justice goes to the highest bidder (Fanthorpe 2004). In one study, 80% of people
surveyed believed that there were two interpretations of law; one for the rich and another for the
poor (Thompson 1997). While more research needs to be done to determine how this belief
translates into practice, there is a possibility that perceptions of bias may lead less wealthy or
connected citizens to avoid pursuing justice against their more powerful counterparts.




                                                                                                  10
MARGINALIZED POPULATIONS

The barriers to access to justice presented in the preceding section impact all residents of Sierra
Leone’s provinces, though to varying degrees. While not universally true, the literature suggests that
some individual characteristics of community members are also associated with greater inaccess.
These characteristics include, though not necessarily exclusively: gender, age, association with
fighting forces, urban migration, “stranger� classification, and ethnicity. While any or all of these
characteristics may be found to be associated with greater inaccess, it is important to note that is
very difficult to distinguish a social hierarchy, and one cannot determine vulnerability solely by
analyzing a list of personal characteristics. For example, while women in general may be subject to
discriminatory practices, women from high-status families may be significantly less at risk than low-
income or displaced men (Richards et al 2004).

Despite this caveat, below is a summary of some of these at-risk groups, along with a brief
discussion of some of the common barriers to justice they face.

3.1      Gender

Women face increased barriers to access in both the customary and common law systems in Sierra
Leone. Though women are afforded some degree of equality and protection in the 1991
Constitution of Sierra Leone, these constitutional guarantees do not always translate to equal access
or opportunity in the judicial or social sphere. 8 In fact, the key non-discrimination clause in the
Constitution, which prohibits any law that is “discriminatory either of itself or in its effect� contains
a specific exception for laws “with respect to adoption, marriage, divorce, burial, devolution of
property on death or other personal law� – many of those matters which are of the greatest
importance to women (Constitution, 1991). These matters, which generally fall under the purview
of customary law, are thus subject to discriminatory application without adequate avenues for
redress.

Even in circumstances where the law (or its application) is not openly discriminatory, women may
experience increased barriers to justice due to characteristics of the social environment. For
example, studies have found that women have comparatively lower education levels and less access
to information about their rights and responsibilities under the law (GoSL 2006b). Women are also
frequently economically dependent on their spouse or male family members, limiting their ability to
seek justice in intrafamilial disputes.

3.2      Age

Sierra Leonean society is hierarchical, with clear divisions in power and authority between youth and
elders, and this divide has contributed to both small- and large-scale conflict in the country. Youth,
who are defined in Sierra Leone as those between 18 and 35 years of age, make up 34% of the
population (World Bank 2006a). Despite their strength in numbers, youth frequently have less claim
to citizenship and less voice in community decision-making structures than their elders (Fanthorpe
2001 and Sommers 2003). They also face more difficulty accessing employment opportunities, a

8Relevant sections of the Constitution include: Ch 2, sections 8 and 9 (Social Objectives); and Ch 3 (Recognition and
Protection of Fundamental Human Rights and Freedoms of the Individual).

                                                                                                                11
familiar phenomenon in West Africa, where youth unemployment rates are three times that of adults
(UNOWA 2006). Unemployed youth are more susceptible to illicit employment activities, such as
prostitution or theft, which undermine their acceptance in communities and put them at odds with
the justice system (Women’s Commission 2002). Their lack of standing in the community, coupled
with common perceptions of youth as irresponsible and disrespectful – or, as Sommers puts it,
“carriers of crime and disease� 9 – have placed youth at high risk for exploitative jurisprudence, and
their access to justice is further limited by processes that tend to favor older defendants (Fanthorpe
2004 and Kane 2005). While every major political party has spoken in the run up to the 2007
election of the need to incorporate the demands of youth, many youth feel that their concerns
receive only lip service (EIU 2007).

According to many analysts, political marginalization and harsh penalties for violations of societal
norms (such as heavy fines for refusal to perform communal labor or for “woman damage 10 �)
spurred many youth to take up arms against their communities during the civil war. 11 Youth found
an identity in the images and messages of Rambo and Tupac Shakur, rebellious social outcasts who
rose up against perceived oppressors in often violent ways (Richards 1996). The circumstances that
led youth to fight have not evaporated with the cessation of hostilities; rather, in the post-war
environment, many youth who were involved with the fighting forces have found it difficult to
accede to traditional authorities (GoSL 2004d, Ginifer 2003 and Women’s Commission 2002), and
youth continue to mistrust adults in authority positions (Women’s Commission 2002). Preliminary
field work has found some level of tension between youth and elder community members in
virtually every research site (see, for example, Box 3 on community labor, pg 19). Even in the
absence of open rebellion, youth disenchantment (coupled with and exacerbated by a shortage of
land and economic opportunities) has contributed to out-migration, primarily to urban areas or
mining communities (DfID 2004 and Richards 1996). Migration, though, brings its own problems,
including difficulty accessing land, labor exploitation, and further weakening of citizenship ties
(Richards et al 2004). All of these factors may impact youth’s ability to access justice.

3.3      Association with Fighting Forces

Sierra Leone’s twelve-year civil war resulted in the deaths of nearly 50,000 people, and displacement
of one-third of the population (Bellows and Miguel 2006). At the end of the war, communities in
rural Sierra Leone were left grappling with the aftereffects of atrocities committed against them by
combatants, many of whom were very young and some of whom perpetrated violence in their own
chiefdoms or villages (Keen 2003 and Bellows and Miguel 2006). These attacks often deliberately
targeted local political figures and governance structures, including chiefs, schools, and court
facilities.

Many ex-combatants disarmed post-war as a condition of reintegration assistance, and/or
participated in the Truth and Reconciliation processes, where they have offered explanations and
apologies for their actions during the war (Malan 2003 and Duthie 2005). However, ex-combatants


9 Sommers 2003, pg 12.
10 The term “woman damage� can include adultery, inappropriate contact with another man’s wife/girlfriend, and related
charges.
11 This argument has been made by many researchers and authors in the years since the end of the war. Among the

documents sourced for this paper, references to disaffected youth and war were made in ICG 2003, Maru 2006, Jackson
2005, Fanthorpe 2006 and GoSL 2004d.

                                                                                                              12
continue to face significant social, political, and economic barriers to return and reintegration
(Duthie 2005 and Ginifer 2004). Many young recruits who were involved with fighting forces as
“rebel wives� or in other non-combat roles have been both excluded from reintegration assistance
and ostracized by families and communities (Women’s Commission 2002). Memories of war have
left a legacy of tension and distrust between communities and those associated with fighting forces.
Some ex-combatants, especially those associated with the government forces, feel that their
contributions to the security of the state have not been adequately recognized. Others, who
acquired positions of authority in chiefdoms during the war, have been reluctant to relinquish this
power to rejuvenated traditional authorities. This residual anger and distrust may lead to ex-
combatants engaging in high-risk or illegal behavior and being accused of crimes more frequently,
and may impede their ability to access justice (Lloyd 2005).

3.4      Urban Migration

The population of Freetown grew 217% from 1985 to 2001, as economic opportunity and conflict
drove migrants from rural areas to the relative safety of the city (Africa 2002, as cited in Sommers
2003). Recent population estimates have varied widely, some suggesting a population of over a
million, while the 2004 census puts the current population of the city at approximately 800,000
(GoSL 2004a). While it is difficult to find recent data for Sierra Leone specifically, worldwide urban
migration trends point to movement driven primarily by young people (between 15 and 30 years of
age), mostly male, who are seeking broader economic or social opportunities in large cities (Lloyd
2005). Young Sierra Leonean refugees, who were raised in displaced persons camps and have not
learned to farm, came to Freetown in large numbers at the end of the war seeking non-agricultural
employment. However, as indicated above, un- and underemployment remain high throughout
Sierra Leone. Insufficient employment opportunities, combined with disruption of social and
cultural ties to migrant’s home communities, can result in a rise in crime and violence as a source of
power and position (Hietmeyer 2002, as cited in Lloyd 2005). Thus, while migrants’ physical access
to formal justice institutions is improved in urban areas, they remain at risk for both victimization
and involvement as perpetrators of crime.

3.5      Strangers

There are frequent references in the literature to what Fanthorpe refers to as the “extreme
localization of criteria of identity and belonging� 12 in rural Sierra Leone. “Stranger� status can
persist for generations, and is often ascribed to or adopted by individuals whose ethnic identity is
different from that of an area’s original inhabitants (“indigenes�). Rights and property in rural areas
are conferred as both a result and validation of citizenship, and strangers in a community must
frequently form relationships with indigenes, through paths such as marriage or the patronage
system, in order to gain some of the benefits of citizenship (Reno 2003). Insufficient family or
social connections are thus a key source of vulnerability and poverty (Richards et al 2004). 13 Similar
to other vulnerable groups listed in this section, strangers may be at risk for discrimination
throughout the justice cycle, with greater likelihood of being involved in crimes and conflicts, and
higher barriers to access to the informal justice systems.

12 Fanthorpe, Richard. Neither Citizen nor Subject? ‘Lumpen’ Agency and the Legacy of Native Administration in Sierra

Leone. African Affairs, 2001, 100: 363-386, pg 372.
13 However, other factors, such as wealth, political connectedness, or sheer numbers, can change the balance of power

between strangers and indigenes, as has been seen in some common and conflictual cases (see Box 2, pg 14).

                                                                                                              13
     Box 2: Strangers in the Majority, Indigenes in the Minority, and a Struggle for Power

     One illustration of the power and persistence of the “stranger� and “indigene� identities is a conflict over
     access to power in one community in the Western Area Rural District. Decades of in-migration by
     “stranger� ethnic groups has led to a situation where the “indigenes� are in the minority. When elections –
     first for a local councilor, and then for a village headman – were held, each group put up a candidate, and in
     both cases the indigene candidates lost.

     This sparked frustration, tension, and outright conflict between the two groups. Invoking tradition and
     customary law, the indigenes asserted that they owned the land and would not be governed by strangers.
     The strangers and their allies invoked electoral law and new rules of eligibility which granted the right to run
     for office to anyone who had been resident in the area for at least five years. Thus traditional sources of
     power and legitimacy – ethnic identity and historical claims to the land – came into tension with modern,
     electoral sources of legitimacy.


3.6         Ethnicity

Sierra Leone is home to approximately twenty distinct ethnic groups speaking eighteen indigenous
languages and exercising unique traditions of social control and delivery of justice (UNOCHA 2007).
The Temne and Mende, Sierra Leone’s largest ethnic groups, make up a combined 60% of the
population, though other ethnic groups, particularly the Limba, Krio, Fula, and Madingo, also hold
prominent economic and social positions within the state (Rosenbaum and Rojas 1998).

While the role of pre-existing ethnic tensions in Sierra Leone’s civil war is subject to debate, many
analysts have shown that the various fighting forces exploited ethnicity as a recruitment tool
(Richards 1995 and Keen 2003). Fanthorpe and Keen have also pointed to a recent rise in ethnic
and religious nationalism, especially prevalent during local and national elections (Fanthorpe 1998
and Keen 2003). 14 The recent experience around Paramount Chiefdom elections in Biriwa
Chiefdom, in which a conflict over the eligibility of a Madingo candidate to compete in the election
even though he was a “stranger� and not from a (Limba) ruling family went all the way to the
Supreme Court, provides further evidence of the possibility for political disputes to take on ethnic
dimensions.

The role of ethnicity in access to justice is not yet clear. Initial research conducted under the
GoBifo/ENCISS/Decentralization program revealed differences in survey respondents’ satisfaction
with the resolution of disputes and conflicts based on their ethnicity (Manning et al 2006). Patterns
of where crimes and conflicts were first reported also varied with ethnicity. However, this study was
not conducted as a specific analysis of the role of ethnicity in dispute resolution and access to justice,
and thus leaves many questions unanswered.




14   The next national elections in Sierra Leone are scheduled for 11 August 2007, with local elections to follow in 2008.

                                                                                                                     14
COMMON DISPUTES AND CONFLICTS

A variety of literature sourced for this document made reference to common disputes and conflicts
in Sierra Leone. Much of the literature took a retrospective approach, discussing possible root causes
of the civil war ex post facto. Other reports and studies presented an overview of the rates of
occurrence of the most common disputes. However, a quantitative and qualitative analysis of
frequent causes of dispute, coupled with in-depth studies of crime and case trajectories, has yet to be
undertaken. Such research would provide a more nuanced view of disputes and resolution pathways
in Sierra Leone, and contribute to development of targeted, effective interventions. In anticipation
of this research, the following section provides a brief overview of the current state of knowledge on
common disputes and conflicts in Sierra Leone.

4.1    Resource-Related Conflicts

There is an abundance of literature on the role of mining, land tenure, and other resource-related
conflicts in rural Sierra Leone. Unfair access to land and misappropriation of natural resources and
related revenues continue to be among the most common concerns brought to the Ministry of Local
Government and Community Development, according to a recently completed study of chiefdom
governance (DfID 2004), and land conflicts are the most common form of provincial civil litigation
(CARE 2003).

Land Tenure
Like its legal system, Sierra Leone’s land tenure system is bifurcated. While land in Freetown and
the Western Areas is held under a freehold system with transferable titles, land in the provinces falls
under the custodianship of the chiefs (FIAS 2004 and GoSL 2005). There is frequent confusion as
to the definition of “custodianship� and the role of chiefs in protecting and distributing land. Many
rural citizens are under the impression that land in fact belongs to the chief – a misconception that
some chiefs have reportedly taken advantage of in order to advance their own economic interests
(Archibald and Richard 2002 and Maru 2006). In fact, though the chief is appointed as the guardian
of provincial land under the Provinces Land Act of 1960 and the Courts Act of 1965, many argue
that family, communal, and (rarely) individual land ownership exist in the provinces (Archibald and
Richard 2002 and President, 2003).

Individual tenure in the provinces usually takes place when a family gifts a plot of land to individual
family members, and land is passed down through a sole bloodline rather than through a larger
family group (GoSL 2004). Individual tenure can also occur through the clearance of virgin forest
or the purchase of land from an individual or family owner. Most frequently, land is held by family
units tracing a common, usually patrimonial, lineage and exercising paramount title to a plot of land.
While individual family members have varying degrees of interest in specific sections of family land,
land management responsibility is held by the head of the family with support of principal members.
Finally, in communal tenure systems, land is held on behalf of the community as a whole, with
decisions on distribution and use primarily made through consultation with authority figures in the
community.

Additional restrictions on land ownership prevent its purchase by “non-natives�, a blanket
description that is unwritten, enforced by individual chiefs, and generally encompasses everyone

                                                                                                15
who is not a member of a provincial tribe, including native Sierra Leoneans living in Freetown
(GoSL 2004, Archibald and Richard 2002, Jackson 2005 and President 2003). 15 This restriction can
also impede the ability of women and mixed-ethnicity children from owning land, as both national
and tribal citizenship are primarily passed down patrilineally 16 . Provincial land is, however, available
for lease to non-natives with the approval of the Paramount Chief.

Sierra Leone’s land tenure system can have both positive and negative impacts on provincial
residents. The primary benefit, like that of customary law in general, is its flexibility (World Bank
2006c). Because provincial land law is unwritten and based in local values, it is able to change over
time without facing significant bureaucratic hurdles. The traditional landlord–stranger relationship
required that all male visitors stay with respected families, ensuring their quick adaptation to the
community’s way of life and adherence to local laws. The requirement that all leases of land to non-
natives be approved by chiefs, while potentially problematic, has also limited the amount of land
controlled by absentee landlords or appropriated by mining companies.

However, in a primarily agrarian economy, control of land tenure brings with it substantial power,
and with this power comes potential for abuse (Shipton 1992). While land access and ownership can
increase voice in the political arena (World Bank 2006c), it can also be used to coerce support and
reinforce existing power relationships. Because land title in the provinces is generally unwritten,
chiefs and elders are often relied upon to settle disputes and determine historical land ownership
rights (Fanthorpe 2001 and Alterman et al 2002). The existing land tenure system in the provinces
allows traditional elites to exercise control over the land and agricultural labor of marginalized
groups, such as those with weak lineages, strangers, and youth (GoSL 2003). Control of land also
translates to social controls, as chiefs and other authority figures can in effect determine when and if
a youth is able to marry and become economically independent (Jackson 2005). It is thus
unsurprising that many fighters in the civil war were impoverished rural youth, who openly associate
the onset of large-scale conflict with increases in land pressure and land access concerns (Richards
1995 and 2005).

Mineral Resources and Conflicts
Closely entwined with agrarian conflicts are mineral resource conflicts. Though a small country,
Sierra Leone has substantial mineral resources, with a formal mining sector that constituted
approximately 20% of GDP throughout much of the 1990s (EIU 2006). Diamonds, gold, bauxite,
rutile, and iron ore are all found in large quantities in Sierra Leone, and there is recent evidence of oil
and gas reserves offshore (EIU 2006 and 2007). With a price tag of approximately US$210 million in
2006, diamonds are Sierra Leone’s principal export and the country’s primary employer after
subsistence agriculture (EIU 2006 and 2007). While Sierra Leone neither monitors nor regulates gold
output, and does not maintain production or export figures, gold deposits have been found
throughout the country, and the woman-dominated alluvial gold mining industry has a substantial
potential for growth (Averill 2006). Bauxite reserves, estimated at 12.4 million tons, and an estimated
1 billion tons of iron ore are expected to provide substantial income in the coming years, as post-war
mechanized production increases (EIU 2006). Sierra Leone’s 278 million tons of high-value rutile
ore, nearly one quarter of the world’s total supply, was the country’s largest private-sector industry

15For more information, see the Provinces Land Act, Cap 122.
16Citizenship is passed down patrilineally in most cases. However, national citizenship can be gained through the mother
in some cases (as detailed in http://www.unhcr.org/cgi-bin/texis/vtx/rsd /rsddocview.html? tbl=RSDLEGAL
&id=3ae6b50610&count=1 #6), and some ethnic groups, such as the Pa Mende, grant tribal citizenship matrilineally.

                                                                                                                16
pre-war and is expected to regain significance in the coming years (EIU 2006). Additionally, the
suspected unlicensed and unregulated mining of coltan deposits in Bo District is likely a profitable
shadow industry in this community (EIU 2006).

Sierra Leone’s mineral resources have the potential to provide substantial employment and profits
for the mining communities and the country as a whole. Far from the jewel of Sierra Leone’s
economy, however, the mining industry has long provided a glaring example of the elite capture,
lawlessness, and asymmetrical income distribution that characterize many resource-rich, but income-
poor, nations. While Sierra Leone has recently taken steps toward improved regulation and
accountability in the mining industry, such as the ongoing review of mining laws and a commitment
to the Extractive Industries Transparency Initiative, looting and inequalities in distribution are still
widespread (EIU 2006 and 2007) and the small force of Mines Monitoring Officers is often
perceived as unavailable, ineffective, or subject to bribery (Baker 2005).

The extent to which Sierra Leone’s mineral, and particularly diamond, deposits contributed to the
outbreak of civil war is still subject to debate. In a 2000 statement, Sierra Leone’s then-Ambassador
to the United Nations, Ibrahim Kamara, directly denied that conflict was due to marginalization of
youth, a rural-urban divide, or other often-cited causes, and attributed it directly and solely to
diamonds and greed (Herbst 2000). Le Billon points out that the “transformation of nature into
tradable commodities is a deeply political process; involving the definition of property rights, the
organisation of labour, and the allocation of profits� 17 . Indeed, the externalities of the extraction
process, such as degradation of the environment or usurpation of land rights, may contribute to
marginalization and frustration (Humphreys 2005).

While the role of mineral resources in the onset of civil war is subject to debate, there is little doubt
that the everyday circumstances of life in mining communities can provide ample room for
grievance. The mining areas have long provided employment for Sierra Leonean youth, both male
and female, who migrate from agrarian home communities in search of access to land and increased
economic opportunity. Frequently, however, these youth find the circumstances they were trying to
escape in their hometowns replicated in their new locales, where they are strangers without strong
social ties, living on borrowed land, and working in harsh conditions for limited incomes. The
intersection of uneven income distributions, poor working conditions, large migrant or transient
populations, access to drugs and alcohol, and illicit industries can create the potential for both small-
and large-scale conflict.

Grievances also frequently arise over the rights to mine particular areas, perhaps especially for small-
scale (artisanal) mining, wherein licensees are awarded by chiefs. Conflict – or the grounds for
conflict – is common between mining companies and the communities whose land is being mined
or prospected. Many communities have accused companies of breaking promises to compensate
landowners and/or invest in development, or of failing to rehabilitate land or infrastructure
damaged by mining activities (NMJD 2004, Polgreen 2007, and USAID 2006). Many other
communities make no such accusations, but may suffer silently out of a fear of standing up to
powerful government and private interests.




17   Le Billon 2001, pg 568

                                                                                                  17
4.2        Community Labor and Funding

Sierra Leone’s provinces are starkly poor, with limited (if any) access to community development
funding for development or maintenance of municipal services. Thus, provincial residents are often
required to contribute labor for communal activities, such as road building, farming, or building
schools or clinics. While communal labor has a long tradition in the provinces, post-war interviews
with rural youth indicated that many believed that the children of the poor were providing labor that
benefited only the traders and wealthy members of society (Richards 2005). Those who refused to
provide labor were subject to onerous fines that placed them further in poverty. In contrast,
interviews with community elders frequently yielded the impression that youth wanted the benefits
of their communities but were unwilling to contribute. While recent studies have shown that the
communal labor burden is in actuality quite similar across age groups (GoSL 2006b), youth’s lack of
voice in community affairs may contribute to their impression that their labor is valuable, but their
opinions are not.

Initial research has suggested, however, that in some cases youth have been able to use their labor as
leverage, for example in the selection of externally-funded community development projects. In one
recent case study, a group of youth joined with several community leaders, including elders, to
overrule the community’s initial choice of a school in favor of a community center, the youth’s
preferred project. Such cases may be rare and limited to more peri-urban or developed areas, but this
will be explored further as research proceeds.

In initial discussions with community stakeholders, the allocation of resources from community
funds has also arisen as a point of contention in many communities. During the DfID-sponsored
Chiefdom Governance Reform Programme Public Workshops, some rural residents noted that
chiefs entered into contracts with mining companies to exploit mineral and natural resources
without prior consultations with community members. Though .75% out of the 3% tax on
extracted diamonds goes to local community development funds, some community members have
alleged that these revenues are mismanaged, with the funds either disappearing or being distributed
among influential families (GoSL 2004d). Once again, this mismanagement of community revenues
and labor resources can serve to further distort income inequalities and create disputes.

4.3        “Woman Palava� and Marital Conflicts

At the start of the civil war, the Revolutionary United Front intentionally targeted rural youth’s
frustrations with the difficulties in finding brides as a recruitment mechanism (Richards 2005). The
limited number of rural brides was brought on in part by the “historic monopoly of female marriage
partners by male land-owning elites�. 18 Thus, once again, restrictions on land ownership paired with
age-based discrimination to create an environment ripe for conflict.

Young men were also frequently targets of claims for “woman palava (damage)�, generally involving
allegations of sexual relations between a young man and the wife of a wealthier community member
(Richards 2005). In fact, claims for woman palava were found to surpass all but land disputes in
their frequency in local courts (Richards 2005). While the trajectories for these disputes have not
been studied in any recent surveys, they may form an interesting point of research because of both


18   Richards 2005, pg 576

                                                                                               18
their frequency and their place at the intersection of many power relationships in communities
(youth – elders, male – female, wealthy – poor, landowner – non-landowner).

 Box 3: Communal Labor and a Road through the Bush

 A great many of Sierra Leone’s communities are beyond the reach of a “motorable road.� This is true
 even with the generous definition of “motorable� often used in Sierra Leone, which might include a steep
 and narrow path that only a sturdy 4x4 and intrepid driver can climb.

 One such string of villages branches from the main (dirt) route some 15 miles from one of the country’s
 major provincial cities. To reach these communities, one must hike along a narrow “bush path� through
 dense vegetation, clamoring over makeshift bridges and around fallen trees. Periodically, the path crosses
 a sunlit, cleanly-brushed dirt clearing with a handful of thatch-and-mud houses: a village.

 Though not particularly remote by Sierra Leonean standards, these villages are cut off from key economic
 and social systems. People needing medical attention are carried by hammock along the miles of rough
 path to the main road, where they then wait for transport to town. In one group of communities visited
 by the J4P team, the only development projects that had ever reached them were latrines and wells built
 by a local NGO. The materials for these projects were carried up the path “on the heads of our children,�
 according to one chief.

 Realizing they needed a road to “bring development� – both better facilities and access to markets and
 social facilities – a group of nine villages along this route came together to build a “motorable� road. As
 is typical, the elders of each village met amongst themselves to agree upon the road project, and thereby
 committed their communities’ youth – without their prior consent – to provide (unpaid) labor. In this
 case, building the road would entail back-breaking physical labor, without appropriate tools, over a period
 of months.

 On the day work was meant to begin, however, youths from three of the villages – including the two
 closest to the existing road, and thus with the least to gain from the project – did not show up. Infuriated,
 the local councilor sued them to the local court, where they were reportedly fined 200,000 Leones ($65, a
 substantial amount for poor villagers) and then imprisoned for failure to pay. A local human rights NGO
 helped to get them released with the understanding that the youths would raise the money to pay the fine.
 The youths had to borrow and scramble to put together such a substantial sum. Then, once they had
 paid, they were sent back to work on the road with which they had not wanted to help from the beginning
 – not surprisingly, with some bitterness.

 The nine villages ultimately managed to make substantial progress – approximately 6 miles of road de-
 stumped and cleared of bush – before finally concluding that they could go no further without outside
 help (for which they are still waiting), including proper tools and expertise. They did so, however, only at
 the cost of significant conflict and divisions among the youths and between youths and authorities. If
 such conflict can erupt even when the project is genuinely in the community’s interest, one can imagine
 the animosity when the project (as is common) is of more questionable communal benefit.




                                                                                                        19
CONCLUSIONS

There is much to be learned in order to understand the exercise of law and justice in Sierra Leone,
and much to be gained by pursuing additional research at this point in time. The World Bank’s Justice
for the Poor/Understanding Processes of Change in Local Governance program will continue to solicit input
from local academics and stakeholders to enhance overall knowledge and cross-check findings, and
will update this document accordingly. The program will also engage with justice reform efforts led
by local and international civil society, international organizations, and formal and informal
government institutions in an effort to improve and enhance justice for the poor.




                                                                                                  20
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