The complexities of combining customary laws with legislation are complicated further by polygamous traditions, writes Bankolay Theodore Turay
In Sierra Leone, as in many sub-Saharan African nations, customary laws comprising unwritten rules and traditions often serves as significant barriers to women’s land rights.
Key legislative and policy instruments, such as the Customary Land Rights Act (2022), the National Land Policy (2015), and the Gender Equality and Women’s Empowerment (GEWE) Act (2022), aim to promote gender equality in land tenure.
The ongoing World Bank-funded Sierra Leone Land Administration Project is actively coordinating the recording, mapping, and registration of land rights. A crucial aspect of this project is the ambitious target of registering 500,000 titles, with a specific aim to include 250,000 women as beneficiaries, signalling a recognition of the urgent need for women’s land rights registration.
Unique challenges in polygamous households
The complexities of land and property sharing within polygamous households present a unique challenge. One that is not always adequately addressed in existing legislation.
Women in polygamous unions face precarious access to land tenure. Upon the husband’s death, wives, particularly those without strong ties to his kin, may be dispossessed. A husband may overtly or subtly favour a last wife over earlier wives, which impacts inheritance prospects. Widows from polygamous unions are particularly vulnerable to disinheritance by the late husband’s relatives.
For women in polygamous marriages, divorce often presents a significant hurdle, particularly when it comes to land ownership. While the Customary Land Rights Act of 2022 champions common ownership between men and women, translating this principle into equitable documentation within polygamous structures remains a formidable challenge. This directly mirrors a central concern in polyamorous relationships: how to fairly distribute shared assets, especially when partners join at different times or contribute unequally. A critical tension emerges between legal ideals of equality and deeply ingrained customary notions of fairness and contribution.
For example, a first wife may have made more of a contribution to caring for the land over a longer period of time versus later wives. These dynamics add an additional layer of complexity to multi-partner contexts. Navigating assets, responsibilities, and rights necessitates a delicate balance to ensure all parties perceive the arrangements as just. The Customary Act itself guarantees equal rights for men and women in land ownership and mandates joint registration for married or cohabiting individuals. However, the true test lies in the application of these provisions within the nuanced realities of polygamous relationships.
Towards comprehensive protection
Prioritising women’s rights in any land formalisation process is paramount. Therefore, protecting the rights of all women in polygamous marriages should unequivocally be viewed as an issue of equity. To genuinely protect their rights and ensure their long-term security, all women in polygamous unions should be documented as equal beneficiaries of their husband’s land and properties, fostering a collective family ownership model.
One crucial first step involves obtaining the husband’s free, prior, and informed consent to formally acknowledge that all his wives possess equal rights to the family’s properties. This sets the foundation for collective ownership within the household. We have seen this play out in communities like Paki Massabong Chiefdom, Bombali district, through the current Sierra Leone Land Administration project. Initially, male heads of household often consider registering land solely in their own name. However, through community sensitisation and legal literacy campaigns, facilitated by local authorities and NGOs, husbands have learnt about the new land laws and how secure tenure benefits everyone in the family.
Beyond the husband’s consent, it’s equally vital that all wives provide their explicit consent regarding their equal and collective ownership of his property. This step is essential for maintaining harmony within the family and preventing future disputes.
Once agreed upon, their rights to the property should be formally recorded. Participatory mapping and inventory processes, where all household members participate in identifying and agreeing on property boundaries and ownership claims, have proven highly effective in promoting inclusivity and minimising future conflicts. These processes often involve community land committees or paralegals who facilitate dialogue and help everyone reach a consensus.
To truly secure these arrangements, the property should be formally documented as a ‘family title’ or ‘household title’ registered under the husband’s name, but with an explicit acknowledgement of common ownership by all wives. This hybrid approach respects existing social structures while embedding gender-equitable rights. It ensures security for the husband’s extended family, guarantees children benefit through their mothers, and formally recognises the land as common property, agreed upon by all wives.
Finally, to strengthen the legitimacy and enforceability of these agreements, proactive efforts should be made to ensure that the Paramount Chief and other local leaders witness the arrangement. Their endorsement lends traditional authority and provides a vital customary safeguard for the wives’ rights upon the husband’s death. This highlights the importance of bridging formal statutory law with informal customary practices in Sierra Leone’s land governance, as engaging traditional leaders in documentation processes is critical for local acceptance and enforcement.
Documenting women’s land rights in polygamous customary societies offers profound socio-economic benefits. It empowers women with access to credit, secure livelihoods, and improved family well-being. Crucially, customary law isn’t rigid; its dynamic nature allows for adaptation. While some interpretations may favour patriarchal structures, effectively protecting women’s rights in polygamous unions means recognising and formally documenting their integral role in the family’s collective land ownership. This approach skilfully uses customary law’s communal aspects to secure individual female tenure within the family framework, fostering development without disrupting social cohesion.
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