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

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Disputes over Mining
Mana Clan citizens reported disputes between miners and farmers, arising from artisanal miners reportedly
engaging in both legal and illegal mining on people‟s land without consulting them. This is facilitated by one
of the Mining Chairman, who allegedly takes bribes from miners in exchange for granting mining spots. Clan
members reported that mining permits take precedence over customary claims. Because most landowners in
Mana claim land under customary – rather than statutory – tenure, they believe that those with mining
permits can take over all land, even that which is planted in life trees. According to one group of youth,
disputes between miners and farmers are common. While several youth reported that mining areas are
different than farming areas, it is unclear if this is uniformly true and clan members predict that “people with
money” will purchase all of the mining claims in the clan and even purchase claims to farmland, potentially
disenfranchising customary landowners.
However, others portrayed the relationship between miners and landowners more peacefully, saying that
artisanal miners seek permission from landowners to mine on their land and often do so without acquiring
permits. One Mining Chairman reported that he has never heard of disputes between miners and farmers,
while the Paramount Chief of Golakonneh stated that such disputes are not common because most farmers
are also miners: “Miners and farmers are one – they are one people.”
Also in Mana Clan, disputes between miners over claims are common. Some cases arise because one miner
fails to renew his mining license, such that another person can be awarded a license to mine that spot, even if
the original claimant has lived and mined in the same area for many years. Several informants reported that
the Ministry of Lands, Mines and Energy (MLME) or the Mining Agent will give approval to mine areas
already subject to another person‟s mining permit. Reportedly, several licenses are sometimes given to the
same spot. This is allegedly due to the corruption of the Mining Chairmen and Mining Agent, who accept
money for issuing claims to land they know is already issued to someone else.
In Ding – the only other clan with significant mineral resources – clan members reported that there are no
disputes over mining. This is because miners recognize one another‟s individual claims and mining pits and
do not trespass on these. Moreover, because the MLME distributes handbooks on the laws and rules for
mining, people are familiar with the rules and follow them.
Disputes over Pit Sawing
Pit sawing is prevalent in Ding, Mana, and Ylan Clans. However, we only heard of disputes arising over pit
sawing in Mana, where local authorities reportedly collect the “tolls” paid by pit sawyers and do not share the
funds with the community, leading to disputes between the authorities and their communities. In 2005, a local
representative accused the Paramount Chief of Golakonneh and a General Town Chief (GTC) of
misappropriating funds from pit sawing. The two were found guilty by the Ministry of Internal Affairs (MIA),
but refused to accept the ruling. The case was referred to the Minister, who eventually absolved them. In
Ding Clan, clan members told us that there are no disputes over pit sawing because the pit sawyers have an
interest in retaining access to clan resources and, as such, they abide by the rules and agreements with locals.
6.2 ANALYSIS
Study participants universally reported that the prevalence of disputes over land and natural resources is
increasing and will continue to increase into the future. In Tengia, Little Kola, and Dobli, clan members also
told us of the perceived causes of disputes over land and natural resources. Clan members in Tengia believe
that disputes stem from population growth, lack of available cultivable land (decreased bush), unemployment,
and decreased compliance with rules. In Little Kola, disputes are perceived to be increasing because of
population growth, lack of respect for elders, increasing competition of land, and the production of tree
crops. In Dobli Clan, boundary disputes were linked specifically to rubber planting.
In many of the studied clans, the growing number and severity of disputes indeed appears to be associated
with rising competition for land and resources. Disputes were most prevalent in clans that were characterized
CUSTOMARY LAND TENURE IN LIBERIA