Human Rights and Customary Law

I came to Sierra Leone planning to assist the Centre for Safe Motherhood, Youth, and Child Outreach in advocacy for community by-laws outlawing female circumcision before the age of 18.  The project built on the work we started through the Walter Leitner Human Rights Clinic, working in three chiefdoms in the Kambia District.  We saw potential in Magbema and Tonko-Limba to pass these laws, sending a message to the reluctant national government.  As is typical in any internship, my work plan has adjusted slightly, but I'm very pleased with how much I'm seeing and learning.

First, for some background:  Female circumcision, also known as female genital mutilation (FGM), is performed around the world, mostly in Africa and Asia.  It is also practiced by immigrant communities in Europe and the United States.  The effects, both physical and emotional, can be devastating and long-lasting, ranging from infection to complications in child birth to death.  Sierra Leone has been described as "ground zero" for anti-FGM advocacy, due to the prevalence of the practice and the national government's silence on the subject.  Approximately 90-95% of women have undergone FGM, mostly as initiation into the bondo, the all-female secret society.  Traditionally, girls went to the bondo to become women-- learning skills for their household, getting dressed in fine clothing, and being circumcised; but over time, the educational aspects have fallen away, leaving only the cutting.  Because the bondo is outside the control of non-members, whether men, government, or foreigners, local politicians have remained silent on FGM.  No national laws have been passed against the practice, and when the Child Rights Act was debated in 2007, the clause addressing FGM was removed after a closed debate.  Politicians will pay for the initiation of girls to win community support, rather than see their campaign derailed by being perceived as opposing the bondo.  As a result, women and children who wish to resist FGM have only the protection of human rights treaties and careful interpretation.

Meeting with Community Members in Kukuna

In spite of the government's response, public opinion has begun to turn against FGM.  Due in large part to human rights sensitization by organizations such as CESMYCO, many communities have expressed their desire to end the practice.  However, the soweis, traditional bondo leaders, speak of their need for alternative employment.  Initiation fees can be $100-200 per girl, in a country where average income is around $100/month.  CESMYCO is addressing this concern by training initiators for Alternative Employment, such as providing seedlings so grounds of women can harvest rice.  As such, there are opportunities to address the legal problem at a local level.  

Under Sierra Leone's constitution, people are governed through the national laws, enforced by the High Court and police, and customary law, promulgated and enforced by the chief and local courts.  Most people, particularly in the villages, rely on the traditional justice system, rather than national laws or human rights treaties.  In recent years, chiefs in Sierra Leone have passed community by-laws addressing human rights violations, such as forced marriage and child labour, guided by the provisions of CEDAW and the CRC.  Some communities, both here and across Africa, have used the opportunity to outlaw FGM, either entirely or at a young age.  Usually these by-laws are more effective since they have been supported by the community and they can be used to advocate for a stronger national response.

With this background, my work this summer is focusing more broadly on the status of women and children's rights in customary law.  I am conducting interviews in communities and in Freetown to research the current by-laws and recent changes.  Through this project, I am seeing how some chiefdoms have incorporated human rights standards, making them directly applicable to the population.  By the end of the summer, I will draw together a report analyzing the gaps in by-laws as compared to human rights and national laws, as well as strategies to advocate for more progressive by-laws.  Since CESMYCO does not currently have a lawyer on staff, I hope the document will guide their efforts to incorporate legal approaches to eradicating FGM.

In my free time, I've been exploring Salone's many beaches.

Although my work can be variable- busy one day, then put on hold by waiting for power- I have found the experience is what I put into it.  As long as I am prepared for the unpredictable and remain focused on the bigger picture, I am able to motivate myself to keep going.  Additionally, I've been able to enjoy my time in Freetown and my brief trips upcountry.  Since the rains will be starting in July (although we've had some incredible thunderstorms), we try to get outside as much as possible-- going to the beach or hiking a nearby mountain.  And, of course, I have been following the World Cup; it would be impossible not to.  I'm going to disagree with Jessica on this point-- at least for this World Cup, there is nowhere quite like Africa.  Although Sierra Leone is not competing, every bar, radio, or television is broadcasting every game, and the quickest way to make friends in a shared taxi is to ask everyone who their team is.  Though most of the African teams will not advance beyond the group stage, we are all holding out hope in Ghana and looking for a home continent victory.