Customary Land Tenure in Liberia - Land Tenure and Property ...

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73 areas – including one in Ghana – to educate them about the value of the Park. They also support some livelihoods activities such as the provision of consumer goods and microfinance loans. 5.3.5 NGOs and International Organizations NGOs and international organizations that work in the clans influence how clan members use and manage their land and natural resources. In most cases, these organizations are appreciated by community members; many offer services that are not available from the government and are more accessible than government institutions. 56 Some NGOs have sought to help clan members improve agricultural productivity by providing seedlings or livestock, teaching improved livestock keeping methods, assisting with agricultural microfinance, and providing technical and material support, including seeds and tools. Others aim to help communities improve governance of natural resources, like community forests. In Motor Road Clan, Fauna and Flora International (FFI) works with local communities and the FDA to improve forest management. FFI‟s mission in Sapo National Park is to promote conservation, build capacity for park management, and develop communities to reduce pressure on the park ecosystem. Clan members in Motor Road reported that FFI helped them to establish the Upper Wedjah Community Forest. The organization has also introduced livelihood projects into the clan, such as the Upper Wedjah Community Palm Project, and has provided sheep and pigs to clan members. Today, FFI advises the Community Forest Management Committee (CFMC) on how to manage the Community Forest. 5.3.6 Mining Authorities Specific authorities manage access to and extraction of minerals in the study clans with gold and diamond resources. Detailed below are the roles of the Mining Agent and Mining Chairman as described by clan members in Mana and Ding. Mining Agent The Mining Agent is employed by the Ministry of Lands, Mines and Energy (MLME). The Agent issues miners clearances for mining permits and sends them to the MLME for approval. In Mana Clan, he resolves disputes among the miners and mining boys that cannot be resolved by the Mining Chairman. Mining Chairman Mineral rich areas exploited for mining in Liberia are divided into mining zones and, in Mana Clan, each of these areas is assigned a Mining Chairman. Mining Chairmen are miners who are knowledgeable about the business. They are elected by fellow miners in each mining zone to serve one year terms, and are eligible for reelection. We were informed that Mining Chairmen are responsible for acting as a spokesperson for miners and for helping to settle mining disputes. Groups of Mining Chairmen report to a General Mining Chairman, who reports to the local Mining Agent. The position of Mining Chairman is reportedly unpaid. 5.4 ANALYSIS 5.4.1 Interface between Customary and Statutory Institutions/Authorities Prior to 1910, when the roles of Town Chief, General Town Chief, and Clan Chief were reportedly introduced, land and resources in the interior were governed by elders, and in some clans, by powerful warrior-chiefs (Blanchard, 1967). Today, land and resources are governed by layers of traditional and statutory authority. At the most local level, traditional authorities and processes – including the communities themselves – dominate land and resource governance. The introduction of statutory governance authorities, 56 There are too many NGOs and international organizations working in the clans to mention all of them, so in this report we highlight a few examples of the most active organizations. CUSTOMARY LAND TENURE IN LIBERIA
74 such as Clan and Paramount Chiefs, resulted in an overlay of government authorities atop the traditional system. Our findings show that while in some clans, statutory authorities are built directly onto customary authorities, in others, they are completely incongruent with customary authority structure. For example, in Saykleken, Dobli, Tengia, and Upper Workor, statutory authorities seem to have built onto customary authorities satisfactorily, while in Ylan and Motor Road, these two authorities are somewhat separate with power structures tending to run in parallel. In Motor Road Clan, statutory authorities seem to be confined by communities to a limited role in governing land and natural resource matters, which are taken to be the domain of customary authorities. Moreover, in this clan it seems that citizens prefer the counsel of customary authorities over statutory authorities. For example, several clan members stated that they prefer not to go to the Clan Chief because “he is government.” Instead, they go to the elders and the Town Chairman because they “trust” these authorities. In Ylan, the introduction of statutory authorities has co-opted or undermined the effectiveness and legitimacy of customary governance authorities in regards to local land and resource governance. This may partially explain tendencies toward non-compliance with customary rules governing land, though community members largely blamed government imposed “human rights” policies and youth discord for weakening compliance with rules. Other possible factors contributing to waning compliance with customary rules are the increased legitimacy ascribed to statutory evidence of tenure over customary evidence, and the uncertain and diminishing role of cultural institutions. Although cultural societies generally do not have a direct role in governing land matters, their reduced importance in some clans, as well as their diminished capacity to exercise social control, may portend weakening compliance with customary rules and norms. The research team was regularly informed that the proper chain of command among governance authorities extends from the lowest chief (often the Town Chief, but sometimes the Quarter Chief) up to the highest chief (Paramount Chief). It extends from there to the District Commissioner (or District Superintendent) and then to the County Superintendent with elders playing a role in advising these chiefs. However, in many clans, authority does not follow a vertical hierarchy in practice. In Motor Road, for example, a parallel structure of customary and statutory authorities exists; most land matters are handled by the Town Chairman rather than the Town Chief, and by the Tribal Chairman rather than the Paramount Chief. In Mana Clan, elders are accorded a more prominent role in governance matters than Town Chiefs and Clan Chiefs. In Saykleken Clan, the traditional Bodioh retains authority over land matters, though his authority appears to be weakening. In other clans, “jumping over” authorities in the chain was regularly practiced, such as in Little Kola where the Clan Chief was often found to be ignorant of certain land issues that were taken directly to the Paramount Chief or District Commissioner to resolve after the Town Chiefs failed to resolve them. In Ding Clan, deep seated mistrust in the Paramount Chief led many to bypass him and to take land disputes (especially those concerning claims made by outsiders) to the District Superintendent. In Dobli Clan and Nitrian Community, there is no clear rule about where strangers should go to seek permission to access land or use natural resources, so Town Chiefs, Clan Chiefs, and Town Chairmen and Chairladies all exercise this authority. There may be several reasons why these types of practices are occurring. One reason could be the imposition of an alien authority structure that failed to merge and work well with the customary authority structure that was in place. Another reason could be the fact that these authorities are more accountable to government and political elites as opposed to the people they are supposed to represent, making people seek forums which would better represent their interests. In most clans, Clan Chiefs and Paramount Chiefs‟ elections have not been held for ages, and in some areas (e.g., Nitrian), it appears as though elites are being slotted into these positions by powerful outsiders. Leaders, especially in Ylan, Motor Road, and Nitrian Community, were frustrated by the lack of a clear division of responsibilities between customary and statutory authorities. Our findings show that continuing frustration among the authorities and local people arises from the significant disconnect between authorities at multiple scales. For example, in Upper Workor Clan, we heard of several instances where the DC disregarded decisions made by the Clan Chief and overturned his rulings and/or decisions. Resultant from CUSTOMARY LAND TENURE IN LIBERIA
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LAND POLICY AND INSTITUTIONAL SUPPO
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LIBERIA LAND POLICY & INSTITUTIONAL
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ii 1.0 Introduction ...............
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iv 4.2.1 Statutory Tenure Claims by
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vi 7.3.2 Courts ...................
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viii LIST OF FIGURES Figure 1.1: Ma
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x ACRONYMS AND ABBREVIATIONS CDC CF
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xii EXECUTIVE SUMMARY This report s
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xiv game for both sale and consumpt
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xvi manage tree crops where these a
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xviii In the clans we visited, stat
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xx DISPUTE RESOLUTION MECHANISMS Di
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xxii Recommended measures include t
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xxiv Remove land and governance au
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2 This chapter begins with a presen
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4 1.2 LAND TENURE AND RURAL LIVELIH
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6 (Renner, 1931). Initially lacking
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8 1.3 HISTORY OF LAND TENURE IN LIB
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10 Certificate is merely a permit t
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12 however, rights granted to commu
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14 2.0 RESEARCH METHODOLOGY This ch
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16 Figure 2.2: FEWS-NET map of Libe
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18 In each case, after completion o
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20 3.0 LAND USE AND LIVELIHOODS Thi
Page 49 and 50: 22 Upland Rice Cultivated in each o
Page 51 and 52: 24 money quickly. However, they als
Page 53 and 54: 26 3.2.2 Trees In addition to food
Page 55 and 56: 28 large rubber farms ranging from
Page 57 and 58: 30 tasks assigned to women and vice
Page 59 and 60: 32 3.2.7 Hunting and Fishing In mos
Page 61 and 62: 34 bush and fell trees on a farmer
Page 63 and 64: 36 men‟s focus on life tree culti
Page 65 and 66: 38 from one or more patrilineages,
Page 67 and 68: 40 Figure 4.1: Access to land for f
Page 69 and 70: 42 Figure 4.2: Children’s acquisi
Page 71 and 72: 44 Figure 4.3: Profile of borrowing
Page 73 and 74: 46 he/she is fully integrated as a
Page 75 and 76: 48 widows will sometimes marry a ma
Page 77 and 78: 50 Several communities have rules g
Page 79 and 80: 52 Bush and Forest Resources In all
Page 81 and 82: 54 Water and Fishing Access to wate
Page 83 and 84: 56 Other factors cited for contribu
Page 85 and 86: 58 Figure 4.6: Presence of differen
Page 87 and 88: 60 bush resources largely follows c
Page 89 and 90: 62 In Ylan, some land is held under
Page 91 and 92: 64 the majority of studied clans, t
Page 93 and 94: 66 We also found that, in the clans
Page 95 and 96: 68 In some clans such as Upper Work
Page 97 and 98: 70 Town Chiefs Town Chiefs represen
Page 99: 72 dispute resolution. 55 While in
Page 103 and 104: 76 some women who held positions as
Page 105 and 106: 78 could rely. This in turn produce
Page 107 and 108: 80 community sometimes encounter re
Page 109 and 110: 82 rubber on adjacent land, as well
Page 111 and 112: 84 In other clans, including Ding a
Page 113 and 114: 86 Disputes over Mining Mana Clan c
Page 115 and 116: 88 7.0 DISPUTE RESOLUTION Dispute r
Page 117 and 118: 90 7.2.2 Chairladies In Dobli, Gban
Page 119 and 120: 92 7.3.4 Disputes between Clans/Dis
Page 121 and 122: 94 In some clans, the abundance of
Page 123 and 124: 96 8.2.2 Scale of Ownership Claims
Page 125 and 126: 98 If communities anticipate that t
Page 127 and 128: 100 The importance of documenting c
Page 129 and 130: 102 The current land tenure sys
Page 131 and 132: 104 10.0 POLICY RECOMMENDATIONS In
Page 133 and 134: 106 communities. Instead, we sugges
Page 135 and 136: 108 apply for fee simple tenure. Th
Page 137 and 138: 110 tenure unit. Instead, this role
Page 139 and 140: 112 Tribal Certificates and Deeds R
Page 141 and 142: 114 REFERENCES SECONDARY SOURCES Ak
Page 143 and 144: 116 Wallace, Carolyn Gamiao and Rol
Page 145 and 146: 118 DATE TIME ACTIVITY March 23, 20
Page 147 and 148: 120 ANNEX 3: NORTHEAST TRANSECT, DO
Page 149 and 150: 122 ANNEX 5: TOWN MAP, SAYKLEKAN CL
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124 ANNEX 7: HISTORICAL MATRIX, YLA
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126 ANNEX 9: DOBLI DISPUTE LETTER C
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128 ANNEX 11: TRIBAL CERTIFICATE FO
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130 ANNEX 13: SEASONAL CALENDARS, M
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132 ANNEX 14: COMMUNITY FOREST BY-L
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134 CUSTOMARY LAND TENURE IN LIBERI
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136 b. A family or individual shall
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138 a. Standing Rules Tree
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140 The amount of rattan collecte
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142 o o o o o o o Antelope Hippo
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144 Any community member or gro
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146 U.S. Agency for International D
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