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

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87 by relatively high population density (Gbanshay, Tengia, Ylan), close proximity to major urban centers (e.g., Gbanshay, Ding, Ylan), and the presence of high-value resources (e.g., Mana). In the event that the most grievous disputes are not resolved, these clan members relayed that they will resort to violence. Meanwhile, though disputes were present in other clans, members reported that they were not severe, and moreover, that they were settled locally. Growing population density appears to be leading to increased demand for cultivable land as more and more people seek finite land to make farms. Pressures are exacerbated by the shifting cultivation system and the need to adequately fallow land before it can be productively engaged. Also, the proximity of some clans to major urban areas increases the number of wealthy, well-connected strangers, primarily from Monrovia, seeking to acquire land in the clan. And, as infrastructure and stability improves, clans with high-value resources are increasingly accessible – and vulnerable – to the acquisition of land by concessionaires and companies. These pressures on land are further exacerbated by the expansion of high value tree cropping, which shrinks the area of land available for seasonal cultivation, while also asserting an individual claim over land that often supports many. Each of these elements decreases the amount of land available for the cultivation and harvesting of natural resources and increases competition for the land, leading to disputes. In almost all of the studied clans, agriculture was the primary source of livelihood. If the status quo does not change, if alternative employment opportunities are not introduced, and if unclear boundaries persist, competition over land and the prevalence of disputes will only increase in the future. The potential for violent conflict was clear in several studied clans – including Gbanshay, Ding, Mana, and Motor Road – where tensions with neighbors and with outsiders (including government agencies) claiming land and resources had reached a boiling point. Yet, in several other clans, disputes were not violent or severe. In these clans, dispute resolution mechanisms appeared to be legitimate and effective. Additionally, the clans with the least violence also tended to be further removed from urban centers and had not undergone a major shift to rubber cultivation (though cocoa cultivation was prevalent in at least two of these clans, Tengia and Upper Workor). It is possible that, with two fewer pressures on land – fewer strangers are seeking land in the clans and there has been a less drastic shift to tree cropping – disputes in these clans have not reached the severity of those in Gbanshay, Ding, Mana, Ylan, and Dobli. Issues of compliance with customary rules and governance authorities that were raised by clan members are also worthy of consideration. This is likely to have implications for the ability of customary authorities to effectively and durably resolve disputes. CUSTOMARY LAND TENURE IN LIBERIA
88 7.0 DISPUTE RESOLUTION Dispute resolution mechanisms in the studied clans are a mix of local customary and statutory authorities, alternative dispute resolution mechanisms, the courts, and other traditional processes involving secret societies and, sometimes, trial by ordeal. Many disputes followed more than one of the processes available after initial attempts at resolution failed. In this section, we present the processes in place for resolution of disputes from the perspectives of members of the studied clans. This includes institutions that settle disputes that occur primarily within the realm of customary tenure and those that cross over to the statutory realm. 7.1 COMMONLY ACCEPTED DISPUTE RESOLUTION PROCESSES In all studied clans, the prescribed dispute resolution process follows a common hierarchy of local authorities. In this process, disputants first bring a case to clan-level statutory and customary authorities, namely the Quarter Chief or Town Chief, followed by the Zonal/General Town Chief (if the clan has such authorities), and then the Clan Chief. If the disputing parties agree with the ruling, the dispute is considered resolved. If either of the parties does not agree, the dispute escalates to the next level of the hierarchy. If the dispute cannot be resolved within the clan, it is to be referred to the Paramount Chief, the District Commissioner, and, eventually, the Superintendent. In almost all of the studied clans, elders are an important part of dispute resolution. In many cases, disputing parties consult the elders before going to the Town Chief. In Ding and Mana Clans, the elders told us that they are involved in every level of dispute resolution – even as high as the District Commissioner – and often serve as a jury. The common dispute resolution process is outlined in Figure 7.1. Elders‟ advisory roles are depicted with solid lines where these roles tend to be more recognized and with hashed lines for roles that seem to be either more ad hoc or less clear. Figure 7.1: Common dispute resolution process 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
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22 Upland Rice Cultivated in each o
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24 money quickly. However, they als
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26 3.2.2 Trees In addition to food
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28 large rubber farms ranging from
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30 tasks assigned to women and vice
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32 3.2.7 Hunting and Fishing In mos
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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 and 100: 72 dispute resolution. 55 While in
Page 101 and 102: 74 such as Clan and Paramount Chief
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: 86 Disputes over Mining Mana Clan c
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
Page 151 and 152: 124 ANNEX 7: HISTORICAL MATRIX, YLA
Page 153 and 154: 126 ANNEX 9: DOBLI DISPUTE LETTER C
Page 155 and 156: 128 ANNEX 11: TRIBAL CERTIFICATE FO
Page 157 and 158: 130 ANNEX 13: SEASONAL CALENDARS, M
Page 159 and 160: 132 ANNEX 14: COMMUNITY FOREST BY-L
Page 161 and 162: 134 CUSTOMARY LAND TENURE IN LIBERI
Page 163 and 164: 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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