Oath-Taking, Legal Pluralism and Human Rights in Sierra Leone

Abstract This article examines oath-taking within Sierra Leone’s plural justice system, where statutory law, customary norms and religious belief coexist. Using empirical fieldwork and African socio-legal theory, it analyses oath-taking as a culturally embedded practice which constructs truth, legitimacy and authority in formal courts and customary forums. While statutory regulation remains shaped by colonial frameworks including the Oaths and Affirmations Act 1930 and the Perjury Act 1911, customary oath-taking commands strong local legitimacy. Empirical findings reveal such practices may operate through fear, reinforce gendered power relations and lead to coercion and psychological harm. Using African legal pluralism and the cultural relativism–universalism debate, the article rejects rigid legal centralism and unregulated customary autonomy. It advances a contextual, rights-informed pluralist approach with minimum procedural safeguards rather than uniform regulation. Conceptualizing oath-taking within hybrid justice systems, the article proposes a “cultural leveraging” framework for strengthening justice institutions while safeguarding dignity, voluntariness and inclusion.