Revolutionary Land Laws and the Uphill Struggle for Justice.

By: Augusta Osmatu Bangura

"What? Are you sure this is in the lease agreement?" The three Paramount Chiefs asked, both stunned and outraged. They had signed the agreement with a foreign company looking to conduct a major operation on their community lands. As far as the chiefs were concerned, the agreement signaled the arrival of development projects in their chiefdom. But, Namati, a land and environmental justice organization had just translated the lease into their native language for the first time – and they were aghast.

According to the agreement, the chiefs had practically handed over 30,000 acres of their lands to the company for the next 50 years. In that time, their chiefdoms would forfeit their rights to their forests – the lands they had called home for generations. The customary land tenure system in Sierra Leone has been fraught with similar injustices due to low levels of education and imbalance of power between government-backed investor companies and poor landowning communities.

The progressive land laws signify hope for the younger generation.

In addition to that, the traditional systems have historically discriminated against women when it comes to land ownership. Kadiatu Tholley from Port Loko remembers when her community sold off many acres of land. Women were excluded from the decision, and when they tried to speak out, they were silenced. “In the end, we were made to feel like our voices didn’t matter," she recalls.

The Customary Land Rights Act mandates that women should be a part of decision-making processes when it comes to land allocation.

These injustices necessitated the passing of the Customary Land Rights Act [CLRA] into law in 2022. It was designed to protect customary land rights and eliminate discrimination in all its forms. Section 5 of the law states that, “the right to own, use, inherit, succeed to or deal with land under customary law shall be guaranteed to women and men equally…” The CLRA also establishes inclusive land governance structures within communities and mandates legal advice for landowners during land lease negotiations.

With the new land laws, Momoh Kanneh of Dambala in Kailahun District now has a chance to reap the full benefits of his family lands.

The Customary Land Rights Act is a revolutionary piece of legislation within the land sector, but its implementation has been an uphill climb. Namati Sierra Leone, a land and environmental justice organization has been working to ensure that, moving forward, every land lease agreement follows the CLRA to the letter. They have also partnered with the Sierra Leone government to ensure that the new community-based land governance structures are set up nationwide.

Women have been disproportionately impacted by discriminatory practices surrounding land ownership.

The CLRA requires that these structures, called Village Area Land Committees and Chiefdom Land Committees should be at least 30% women.

After two years of implementation of the CLRA, progress has been an uphill climb. For every success, problems of non-compliance, self-interest and greed rear their heads. Most recently, Namati and partner government agencies came together to see how best to amplify the impacts of the laws in their respective capacities.

Many public commitments were made but as to whether there will be adequate follow-through, only time will tell.