In the homes, communities and provinces of Sierra Leone, women are newly-protected by a legal framework that outlaws domestic violence, entitles them to own property, and recognizes their right to inheritance. A Certificate of Urgency — issued by President Alhaji Ahmad Tejan Kabbah — fast-tracked passage of three bills, collectively known as the Gender Bills, which became law on 14 June 2007. After years of discussion and debate, the Registration of Customary Marriages and Divorce Act, the Domestic Violence Act and the Devolution of Estates Act, were unanimously adopted by Parliament in a single day's sitting. Together, these Acts address age-old inequalities women have faced in family relations, inheritance and ownership, bringing customary law and the Constitution into closer alignment with international human rights standards.
The Acts could be described as three steps forward on women's long walk to freedom in this post-conflict setting. Along the way, UNIFEM has supported the Law Reform Commission to develop the Bill on Domestic Violence and financially supported rural women to mobilize in order to advocate the passage of the Gender Bills, ensuring they would be present in Parliament to make their voices heard. Indeed, to mark the occasion hundreds of women dressed in white descended upon the Parliament to hear sessions, show their support and celebrate this historic achievement.
Protecting girls from forced marriage, the Registration of Customary Marriages and Divorce Act 2007 makes 18 years the minimum age for customary marriages and requires the consent of both parties. Women's status is further protected by the requirement that customary marriages and divorces be registered, both parties issued with certification and precluded from contracting marriage with any other person. In a significant boost to women's economic security, it entitles them to acquire and dispose of property in their own right; stipulates that dowries need not be returned in the event of divorce or separation; and enables mothers to apply for child maintenance when fathers eschew their financial responsibility.
The Domestic Violence Act 2007 not only classifies domestic violence as a criminal offence, it also provides protection for women and children subjected to abuse. For example, the Act requires that the government provide temporary safe homes for victims, and empowers police Family Support Units to mediate disputes or support women who opt for legal redress. Significantly, the offence of domestic violence is broadly defined to encompass physical, sexual, emotional, psychological, economic and verbal abuse, as well as conduct that harms or endangers an individual's safety, health or well-being, or undermines their privacy or dignity. According to Jebbeh Forster, UNIFEM Programme Manager for Sierra Leone, "People have this idea that domestic violence is a private, family matter that should not be taken into the public domain. Now, local women's groups can provide the backing women need as these laws are implemented."
In a country where wealth is largely inherited, the Devolution of Estates Act 2007 will enhance women's economic standing. For the first time, wives and children under customary law, as well as co-habiting partners, have a legal right to inheritance. This entitles women to property upon the death of their husband, without undue interference from extended family members. Previously, the property of those who died intestate (without a will) would revert to their parents and brothers; now the majority of the estate will devolve to the wife and children. The Act also bans the pervasive practice of "wife inheritance", whereby widows are forced to marry their late husband's brother.
In another recent development for gender justice, the Special Court for Sierra Leone delivered its first verdict on 20 June 2007, finding three senior members of the Armed Forces Revolutionary Council guilty of offences including rape. This sends a strong message to perpetrators that sexual violence will not be tolerated as a weapon of war, and to victims that justice will be served. It is hoped that sentencing, slated for 16 July 2007, will reflect the gravity of the crimes.
With the tools finally in place to end gender-based discrimination and violence against women in times of peace as well as war, Sierra Leone seems poised for a brighter future as elections — scheduled for 11 August 2007 — approach.