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

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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