Publication:
Barriers to Justice in Sierra Leone

Loading...
Thumbnail Image
Files in English
English PDF (378.88 KB)
595 downloads
English Text (28.31 KB)
21 downloads
Published
2007-09
ISSN
Date
2018-10-09
Editor(s)
Abstract
Sierra Leoneans attempting to access justice through the country's complex legal system are presented with a number of barriers. These obstacles 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. One of the foremost barriers preventing access to Sierra Leone's justice systems, both formal and informal, is cost. With a Gross Domestic Product (GDP) per head of $548 in 2005, Sierra Leone is one of the world's poorest nations. This extreme poverty magnifies the effects of conflicts that are small by western standards, and also amplifies the costs of recovery. The costs of accessing justice in Sierra Leone come in a variety of forms, including direct costs of services, fines, time, and transportation. In Sierra Leone's formal courts, where an inadequate legal aid structure makes contesting parties responsible for court fees, legal representation, and other service fees, costs are prohibitively high for all but the wealthiest of citizens. 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. The World Bank's justice for the poor program will continue to engage with justice reform efforts led by local and international civil society, international organizations, and formal and informal institutions in an effort to improve and enhance access to justice for the poor.
Link to Data Set
Citation
Dale, Pamela. 2007. Barriers to Justice in Sierra Leone. Justice for the Poor Briefing Note;1(4). © World Bank. http://hdl.handle.net/10986/30539 License: CC BY 3.0 IGO.
Associated URLs
Associated content
Report Series
Other publications in this report series
Journal
Journal Volume
Journal Issue

Related items

Showing items related by metadata.

  • Publication
    Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens
    (World Bank, Washington, DC, 2013-11) Tanzer, Ziona; Hasan, Tazeen
    Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successful "test" case, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and using "good practice" examples from other countries is important to understand from a policy perspective and how this "bottom-up" approach can contribute to women's economic empowerment in other national contexts.
  • Publication
    Uses and Users of Justice in Africa : The Case of Ethiopia's Federal Courts
    (World Bank, 2010-07-01) World Bank
    This report presents the findings of one of a series of studies sponsored by the World Bank on the 'uses and users' of courts in the regions where it participates in justice reform projects. These studies typically use aggregate statistics and random samples of cases files to analyze court performance. The results of these studies are useful to countries and to the Bank in separating real from imagined problems, identifying their causes, planning reform programs, and tracking their results over time. Although in Africa court use is typically restricted to a small portion of the population, most donor funding goes to the formal court system and most countries are interested in expanding access to the latter. Hence, the studies can help evaluate those investments and point them in directions where they are likely to do the most good in advancing objectives like increased and more equitable access, delay reduction, and satisfactory resolution of common disputes. Ethiopia is one of the poorest countries in Africa and thus in the world. As in the rest of Africa, traditional dispute resolution mechanisms and a series of 'hybrid institutions' serve a majority of the population. However, its judicial system is unusual in several aspects. First, since 1994, the government has been actively engaged in expanding access to the formal system and improving the professionalism of its judges. Second, at both the federal and sub-national levels, governments have been actively extending the reach of the court system, both by adding courts and judges and by using a variety of additional mechanisms. Third, and most important for this study, for the past ten years, the federal judiciary has been promoting the development of a computerized case tracking system to monitor performance.
  • Publication
    Justice
    (World Bank, Washington, DC, 2010-11-05) Desai, Deval; Sage, Caroline
    There is broad recognition, across the political spectrum and in both 'northern' and 'southern' countries, that justice reform, and more generally the promotion of the 'rule of law', are central to development policy, particularly in conflict-affected, fragile and violent contexts. More recently an increased focus on global security and the interaction between security and development as put a renewed emphasis on such efforts. However, while legal, regulatory and 'justice' institutions are now seen as key part of the 'solution' to problems of conflict, fragility and development, this recognition is not matched by a correspondingly clear sense of what should be done, how it should be done, by whom, in what order, or how 'success' may be determined. There often tends to be a clear misunderstanding of both the nature of the problem and (thus) of the solution. In this paper, the author seek to provide some insight into these questions and sketch out a practical conception of effective justice reform in situations of conflict and fragility that may provide the basis for effective programming.
  • Publication
    Understanding Access to Justice and Conflict Resolution at the Local Level in the Central African Republic
    (Washington, DC, 2012-02-24) World Bank Group
    The Central African Republic (CAR) is coming out of a long period of political and social turmoil that have left the country weak and with fragile institutions. However, over the last few years the security situation has improved and the state institutions have started to stabilize. In order to improve on these achievements, CAR needs to engage in a long process of strengthening state and community based institutions while ensuring that security is improved to show people a reduction of violence relatively quickly. The 2011 World Development Report (WDR) on conflict, security and development sees the delivery of citizen security as central to achieving resilience and returning to stability. This study aims to better understand how people in CAR experience justice and conflict resolution with the objective of exploring opportunities to strengthen access to justice and conflict resolution mechanisms in the country. The study has carried out a field mapping of how the population is handling issues of justice and conflict resolution at the local level. The authors have also engaged government officials, Non-Government Organizations (NGOs), and local experts in a series of workshop to discuss the findings of the mapping and possible operational directions. Finally, on the request of the government, the study has also included an assessment of how issues of local and customary justice where handled in other African countries with a longer experience in this area.
  • Publication
    Framing Local Conflict and Justice in Bangladesh
    (2011-08-01) Maru, Vivek; Das, Maitreyi Bordia
    The institutional landscape of local dispute resolution in Bangladesh is rich: it includes the traditional process of shalish, longstanding and impressive civil society efforts to improve on shalish, and a somewhat less-explored provision for gram adalat or village courts. Based on a nationally representative survey, qualitative evidence from focus groups, and a telephone survey of 40 Union Parishad chairpersons (a little less than 1 percent of the total Union Parishads), it provides both an empirical mapping of local conflict and justice and pointers to possible policy reforms. It suggests a number of opportunities for strengthening local justice and argues that the village courts may pose a useful bridge between Bangladesh's informal and formal justice institutions.

Users also downloaded

Showing related downloaded files

  • Publication
    World Development Report 2011
    (World Bank, 2011) World Bank
    The 2011 World development report looks across disciplines and experiences drawn from around the world to offer some ideas and practical recommendations on how to move beyond conflict and fragility and secure development. The key messages are important for all countries-low, middle, and high income-as well as for regional and global institutions: first, institutional legitimacy is the key to stability. When state institutions do not adequately protect citizens, guard against corruption, or provide access to justice; when markets do not provide job opportunities; or when communities have lost social cohesion-the likelihood of violent conflict increases. Second, investing in citizen security, justice, and jobs is essential to reducing violence. But there are major structural gaps in our collective capabilities to support these areas. Third, confronting this challenge effectively means that institutions need to change. International agencies and partners from other countries must adapt procedures so they can respond with agility and speed, a longer-term perspective, and greater staying power. Fourth, need to adopt a layered approach. Some problems can be addressed at the country level, but others need to be addressed at a regional level, such as developing markets that integrate insecure areas and pooling resources for building capacity Fifth, in adopting these approaches, need to be aware that the global landscape is changing. Regional institutions and middle income countries are playing a larger role. This means should pay more attention to south-south and south-north exchanges, and to the recent transition experiences of middle income countries.
  • Publication
    Digital Africa
    (Washington, DC: World Bank, 2023-03-13) Begazo, Tania; Dutz, Mark Andrew; Blimpo, Moussa
    All African countries need better and more jobs for their growing populations. "Digital Africa: Technological Transformation for Jobs" shows that broader use of productivity-enhancing, digital technologies by enterprises and households is imperative to generate such jobs, including for lower-skilled people. At the same time, it can support not only countries’ short-term objective of postpandemic economic recovery but also their vision of economic transformation with more inclusive growth. These outcomes are not automatic, however. Mobile internet availability has increased throughout the continent in recent years, but Africa’s uptake gap is the highest in the world. Areas with at least 3G mobile internet service now cover 84 percent of Africa’s population, but only 22 percent uses such services. And the average African business lags in the use of smartphones and computers as well as more sophisticated digital technologies that catalyze further productivity gains. Two issues explain the usage gap: affordability of these new technologies and willingness to use them. For the 40 percent of Africans below the extreme poverty line, mobile data plans alone would cost one-third of their incomes—in addition to the price of access devices, apps, and electricity. Data plans for small- and medium-size businesses are also more expensive than in other regions. Moreover, shortcomings in the quality of internet services—and in the supply of attractive, skills-appropriate apps that promote entrepreneurship and raise earnings—dampen people’s willingness to use them. For those countries already using these technologies, the development payoffs are significant. New empirical studies for this report add to the rapidly growing evidence that mobile internet availability directly raises enterprise productivity, increases jobs, and reduces poverty throughout Africa. To realize these and other benefits more widely, Africa’s countries must implement complementary and mutually reinforcing policies to strengthen both consumers’ ability to pay and willingness to use digital technologies. These interventions must prioritize productive use to generate large numbers of inclusive jobs in a region poised to benefit from a massive, youthful workforce—one projected to become the world’s largest by the end of this century.
  • Publication
    Classroom Assessment to Support Foundational Literacy
    (Washington, DC: World Bank, 2025-03-21) Luna-Bazaldua, Diego; Levin, Victoria; Liberman, Julia; Gala, Priyal Mukesh
    This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.
  • Publication
    Poverty, Prosperity, and Planet Report 2024
    (Washington, DC: World Bank, 2024-10-15) World Bank
    The Poverty, Prosperity, and Planet Report 2024 is the latest edition of the series formerly known as Poverty and Shared Prosperity. The report emphasizes that reducing poverty and increasing shared prosperity must be achieved in ways that do not come at unacceptably high costs to the environment. The current “polycrisis”—where the multiple crises of slow economic growth, increased fragility, climate risks, and heightened uncertainty have come together at the same time—makes national development strategies and international cooperation difficult. Offering the first post-Coronavirus (COVID)-19 pandemic assessment of global progress on this interlinked agenda, the report finds that global poverty reduction has resumed but at a pace slower than before the COVID-19 crisis. Nearly 700 million people worldwide live in extreme poverty with less than US$2.15 per person per day. Progress has essentially plateaued amid lower economic growth and the impacts of COVID-19 and other crises. Today, extreme poverty is concentrated mostly in Sub-Saharan Africa and fragile settings. At a higher standard more typical of upper-middle-income countries—US$6.85 per person per day—almost one-half of the world is living in poverty. The report also provides evidence that the number of countries that have high levels of income inequality has declined considerably during the past two decades, but the pace of improvements in shared prosperity has slowed, and that inequality remains high in Latin America and the Caribbean and Sub-Saharan Africa. Worldwide, people’s incomes today would need to increase fivefold on average to reach a minimum prosperity threshold of US$25 per person per day. Where there has been progress in poverty reduction and shared prosperity, there is evidence of an increasing ability of countries to manage natural hazards, but climate risks are significantly higher in the poorest settings. Nearly one in five people globally is at risk of experiencing welfare losses due to an extreme weather event from which they will struggle to recover. The interconnected issues of climate change and poverty call for a united and inclusive effort from the global community. Development cooperation stakeholders—from governments, nongovernmental organizations, and the private sector to communities and citizens acting locally in every corner of the globe—hold pivotal roles in promoting fair and sustainable transitions. By emphasizing strategies that yield multiple benefits and diligently monitoring and addressing trade-offs, we can strive toward a future that is prosperous, equitable, and resilient.
  • Publication
    World Development Report 2017
    (Washington, DC: World Bank, 2017-01-30) World Bank Group
    Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? This book addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.