Customary Land Tenure in Liberia - Land Tenure and Property ...
Customary Land Tenure in Liberia - Land Tenure and Property ...
Customary Land Tenure in Liberia - Land Tenure and Property ...
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8.2.2 Scale of Ownership Claims<br />
Our study reveals that, even when l<strong>and</strong> is deeded, how rights are vested greatly <strong>in</strong>fluences l<strong>and</strong> tenure<br />
security. Whereas both Dobli <strong>and</strong> Nitrian claimed to have communal deeds, <strong>in</strong> Dobli, there is great<br />
uncerta<strong>in</strong>ty as to whether the deed is issued <strong>in</strong> the name of the district or a former government m<strong>in</strong>ister.<br />
Meanwhile, a powerful leader designated as the “l<strong>and</strong>lord” reportedly exerts great <strong>in</strong>fluence over access to<br />
l<strong>and</strong> <strong>and</strong> has the power to evict clan members. Furthermore, clan members are uncerta<strong>in</strong> about who has the<br />
deed. As a result, many people with<strong>in</strong> the clan have acquired or are seek<strong>in</strong>g to acquire TCs <strong>and</strong> deeds to<br />
defend their claims. By contrast, <strong>in</strong> Nitrian, where the deed to the community‟s l<strong>and</strong> is reported to be <strong>in</strong> the<br />
name of the community, people seem to feel much more tenure secure than Dobli citizens.We did not hear<br />
of any member of Nitrian community try<strong>in</strong>g to acquire TCs or deeds to secure their rights to l<strong>and</strong>.<br />
<strong>Tenure</strong> <strong>in</strong>securities <strong>in</strong> Dobli are compounded by the fact that the two different types of TCs have been issued<br />
to applicants, one by the GOL <strong>and</strong> another by the “l<strong>and</strong>lord.” Members reported that when they have tried to<br />
use TCs from the l<strong>and</strong>lord to obta<strong>in</strong> deeds, the TCs were rejected by government officials. Only the elite <strong>and</strong><br />
outsiders have been able to obta<strong>in</strong> deeds <strong>in</strong> the clan. Other people that have tried to acquire deeds have been<br />
threatened with eviction by the l<strong>and</strong>lord.<br />
8.2.3 Concessions <strong>and</strong> Private Investors<br />
In Nitrian, Mana, <strong>and</strong> Little Kola, community members were adamant that <strong>in</strong>vestors <strong>and</strong> concessionaires<br />
should not be given permission to use l<strong>and</strong> held under customary tenure without first consult<strong>in</strong>g <strong>and</strong><br />
compensat<strong>in</strong>g community members. Yet, our visits with these communities – particularly Mana <strong>and</strong> Nitrian –<br />
showed that clan members are rarely consulted prior to licenses <strong>and</strong> concessions be<strong>in</strong>g granted. In Nitrian<br />
Community, members reported that there are no concessions <strong>in</strong> the community, <strong>and</strong> yet we later learned that<br />
various concessions with<strong>in</strong> the community have been granted by the government. In one example, 240,000<br />
hectares were granted to Golden Veroleum for an oil palm concession. The company is already improv<strong>in</strong>g<br />
roads <strong>in</strong> the area to facilitate access to the l<strong>and</strong>, which will cover a significant portion of Nitrian Community.<br />
Community members did not mention this concession as a potential threat to their l<strong>and</strong> rights, rais<strong>in</strong>g<br />
concerns among members of the research team that the government either signed the agreement without<br />
<strong>in</strong>form<strong>in</strong>g the community members, or that community members are aware of the concession but do not<br />
underst<strong>and</strong> the implications of the concession <strong>in</strong> terms of their l<strong>and</strong> rights.<br />
In Mana, clan members feel <strong>in</strong>secure <strong>in</strong> their access <strong>and</strong> rights to the clan‟s l<strong>and</strong> <strong>and</strong> m<strong>in</strong>eral resources.<br />
Several predicted that wealthier people – <strong>in</strong>clud<strong>in</strong>g Class B m<strong>in</strong><strong>in</strong>g companies – will acquire all of the m<strong>in</strong><strong>in</strong>g<br />
claims <strong>in</strong> the clan, leav<strong>in</strong>g none for citizens, <strong>and</strong> may even acquire claims to the l<strong>and</strong> used by clan members<br />
for farm<strong>in</strong>g. While clan members recognize that m<strong>in</strong><strong>in</strong>g <strong>and</strong> logg<strong>in</strong>g concessions could br<strong>in</strong>g employment<br />
benefits, the vast size of these claims means that concessions have the potential to displace settlements <strong>and</strong><br />
customary l<strong>and</strong>owners. Clan members realize that they are compet<strong>in</strong>g for l<strong>and</strong> <strong>and</strong> claims with wealthier,<br />
more powerful <strong>in</strong>terests, <strong>and</strong> that this has the potential to jeopardize their access to the resources on which<br />
their livelihoods depend. The growth of such concessions could prove to be the most formidable threat to<br />
the tenure security of members of Mana Clan <strong>and</strong> Nitrian Community.<br />
Even <strong>in</strong> some clans without concessions or private <strong>in</strong>vestors, there is a sense of tenure <strong>in</strong>security based on<br />
experiences <strong>in</strong> neighbor<strong>in</strong>g clans. For example, <strong>in</strong> Little Kola, community members raised concerns about<br />
potential concessions <strong>in</strong> their clan, ow<strong>in</strong>g to their grow<strong>in</strong>g presence <strong>in</strong> neighbor<strong>in</strong>g clans <strong>and</strong> negative<br />
experiences with concessionaires of these clans. Reportedly, the <strong>Liberia</strong>n Agricultural Company, which<br />
operated <strong>in</strong> Gr<strong>and</strong> Bassa, forcibly removed more than 60 towns with<strong>in</strong> one of its concession areas. In Motor<br />
Road, a timber company known as the Railroad Timber Company reportedly occupied clan members‟ houses<br />
<strong>and</strong> promised to give them z<strong>in</strong>c roofs <strong>in</strong> return for logg<strong>in</strong>g their l<strong>and</strong>. Clan members also reported that they<br />
destroyed the forests <strong>in</strong> the clan. Accord<strong>in</strong>g to them, no consultations were undertaken with the<br />
communities, who were afraid to challenge the loggers because they were armed with AK-47s <strong>and</strong> were (ex)-<br />
combatants. In the end, they left without provid<strong>in</strong>g z<strong>in</strong>c or pay<strong>in</strong>g rent on the houses they occupied. Many<br />
citizens of these clans are anxious to acquire deeds to their l<strong>and</strong>, <strong>and</strong> hope that by do<strong>in</strong>g so their l<strong>and</strong> will be<br />
CUSTOMARY LAND TENURE IN LIBERIA