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

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91 Sassywood tree. In Little Kola, TBO was reportedly used to punish those that break spiritual or cultural rules. TBO has been outlawed by the government and although clan members in each of these clans described these practices, they evaded answering when asked if they continue to be practiced with frequency today. 7.3 OTHER DISPUTE RESOLUTION MECHANISMS 7.3.1 Non-Governmental Organizations The Norwegian Refugee Council (NRC) is active in Gbanshay, Ylan, and Dobli Clans. The NRC supports local communities in resolving disputes, particularly those concerning land. NRC practices mediation and seeks a resolution that will satisfy all parties. Some clan members in Gbanshay, Ylan, and Dobli Clans reported that the NRC was their first choice for dispute resolution, either because local leaders had been unsuccessful in resolving many disputes or because they felt the NRC was more likely to be neutral in seeking a resolution than local authorities. The organization is also appreciated for being faster, free, and more accessible than formal dispute resolution processes. However, the NRC approach is not agreeable to all, especially those wanting a “winner takes all” resolution. At least one individual in Gbanshay has refused to accept the negotiations suggested by the NRC. In Dobli Clan, the NRC reportedly also helps people in surveying their land. Motor Road Clan members told us that the NRC held a training session on dispute resolution, but that they are not otherwise active there. In Tengia Clan, a Dispute Advisory Group works in conflict prevention and resolution, particularly on boundary issues. Clan members also mentioned “peacemakers” who are trained by the Justice of the Peace and who work with the Dispute Advisory Group to resolve disputes at the clan and town levels. However, beyond initial descriptions by clan members in discussions about community organizations, these two groups were not mentioned in discussions about dispute resolution. 7.3.2 Courts Many of the study participants were aware of courts; however, the use of courts for dispute resolution in the studied clans was rare. This is due largely to the high cost and the time required to use the courts, both of which are prohibitive for most rural people. For example, clan members in Gbanshay reported that disputing parties who seek resolution through the Circuit Court located in Gbarnga must engage lawyers and wait for the dispute to be resolved through the legal process. In Mana Clan, the Magisterial Court is used sometimes, but is cost prohibitive for most clan members. In Dobli Clan, the Magistrate and Circuit Courts are considered the final stages of dispute resolution. While many participants in the studied clans expressed frustration with the process, we heard of several individuals in Gbanshay and Dobli who went to the Circuit Court to resolve their disputes after the commonly accepted dispute resolution process had failed. 7.3.3 Mining Dispute Resolution Mining disputes follow a different dispute resolution process. Among the 11 clans, we only heard of dispute resolution mechanisms for mining in Mana Clan. Here, miners disputing a claim will go to the Mining Chairman, a locally selected official. If the Chairman is unable to resolve the dispute, it will be referred to the Mining Agent, an MLME appointee. In disputes over claim sites, the Mining Agent will close the mining area and will call the MLME to resurvey the claim. According to one elder, local authorities also investigate contentions relating to trespassing on mining claims, though this was not confirmed by those active in the mining community. Disputes on the mining field among the Mining Boys are referred to the Head Mining Boy. If the Head Mining Boy cannot resolve the dispute, he will refer it to the Field Agent, and then to the miner (i.e., the claim owner). Disputes between miners and farmers are resolved jointly by the Mining Agent and the Magistrate. CUSTOMARY LAND TENURE IN LIBERIA
92 7.3.4 Disputes between Clans/Disputes with the Government A dispute that crosses clan boundaries will be addressed by the Clan Chiefs and, if the dispute cannot be resolved, it will be referred to the Paramount Chief(s). In disputes between local communities and the government, however, there is not a clear process. For example, we were unable to obtain clear information on how the dispute between Motor Road Clan and the FDA over the Sapo National Park should best be addressed. In our discussions with Motor Road Clan members, we were told that they had appealed to the FDA on multiple occasions via letter, but had not received a response. One clan member had also appealed to the Sinoe County Superintendent and the Chief Park Warden for Sapo National Park. FFI has also served as a mediator for this dispute. 7.4 ANALYSIS In many clans, dispute resolution appears to be undergoing a shift. The legitimacy of local dispute resolution authorities is increasingly being questioned, particularly among the youth. In some clans, this phenomenon seems to reflect the fact that these authorities were introduced by the state; they do not derive from local customary systems, nor are they fully accountable to their constituencies. This seems to be particularly the case with Clan Chiefs and Paramount Chiefs, and less so for Town Chiefs who tend to be more steeped in customary rules and values and use these to shape their decision-making on disputes. In other cases, local authorities appear to lack the capacity or jurisdiction to respond to the types of land and natural resources issues arising today (e.g., disputes between clan members and outsiders). Further, many local authorities reported that they lack the powers needed to garner legitimacy and to enforce their rulings, including support to punish individuals who fail to comply with those rulings. With limited enforcement support granted to local authorities, rule breakers can act with impunity. This support seems especially critical given that many traditional forms of punishment have been officially outlawed on human rights grounds. Moreover, actors that are knowledgeable about statutory practices can exploit the system and succeed in defying the rulings which are based on customary law. As an example, a woman in Gbanshay Clan took her suit to local authorities, the NRC, and, eventually, the courts, seeking an outcome that was agreeable to her (see Box 6.1). In some clans, local-level authorities are viewed as biased by some members of the community, especially the youth. This is symptomatic of the lack of necessary democratic structures to hold these authorities accountable, including regular elections. Many Clan and Paramount Chiefs have been serving for decades without systems to monitor their performance or sanctions for poor performance that can be imposed by their own constituencies. In contrast, clan members in Little Kola and Motor Road still prefer local-level or customary authorities, primarily elders and those authorities serving at the town-level or elected through traditional means. Further, in many clans, Town Chiefs have evolved into a hybrid customary-statutory authority, such that clan members trust them to resolve local disputes. It could be that these authorities – elders, traditional authorities, and Town Chiefs – understand local realities and are thus better able to respond according to their norms and values. At the same time, in some clans, there is increasing legitimacy of high-level statutory authorities – namely District Commissioners and District Superintendents – and reliance on them to resolve disputes. This has led some clan members to bypass local authorities and to take cases directly to these higher-level authorities. As a result, two competing systems of dispute resolution have arisen in many of the studied clans. High-level authorities and institutions act alongside – but not always in partnership with – local-level and customary authorities in land access and dispute resolution. Also, different authorities sometimes apply or interpret rules differently and value different forms of evidence. This leads to repeated appeals and “forum shopping.” Those with knowledge of customary and statutory processes are able to take advantage of the weaknesses and the lack of synthesis between these two systems and “shop around” for ways to attain land and to seek dispute resolution outcomes that will favor them. 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
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36 men‟s focus on life tree culti
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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 and 114: 86 Disputes over Mining Mana Clan c
Page 115 and 116: 88 7.0 DISPUTE RESOLUTION Dispute r
Page 117: 90 7.2.2 Chairladies In Dobli, Gban
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
Page 165 and 166: 138 a. Standing Rules Tree
Page 167 and 168: 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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