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

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101 9.0 COMMUNITY RECOMMENDATIONS 9.1 LAND AND RESOURCE RECOMMENDATIONS During our interactions with community members in each of the 11 clans, we regularly explained the purpose of the study – to provide input into the land policy reform process in Liberia – and actively sought input from members of the community. As a result, we were able to gather numerous recommendations from clan members. Here, we outline some common recommendations that are related to land and natural resources. For clarity, we have specified which clan(s) offered each specific recommendation. The recommendations listed here do not necessarily reflect the recommendations of the research team. 9.1.1 Tribal Certificates and Deeds Processing Tribal Certificates (TCs) into deeds should be cheaper and simpler. (Gbanshay) The process for obtaining TCs and deeds should be devolved to local government authorities. (Gbanshay; Ylan) The process of obtaining TCs should begin with the local authorities and include elders, youth, and women leaders. (Ylan) Government should survey all land under TCs and provide deeds for the land. (Ylan) Government should survey and provide TCs or deeds for land claimed by families/towns/clans held under customary tenure. (Ding; Little Kola; Mana; Nitrian; Saykleken; Tengia; Ylan – the recommended geographic level of deed differed by clan) Government should replace documentation lost in war. (Tengia) Government should place cornerstones to mark boundaries, as boundaries are currently marked by soap trees, geographic features, or nothing at all. (Saykleken; Tengia) If land currently held collectively is to be transferred to individual ownership, the government needs to educate local people about the implications of this transfer. (Upper Workor) There should be a ceiling for land held under TCs and deeds so as to permit others to acquire land. (Gbanshay; Ylan) Government should demarcate and deed Nitrian Community Forest and Upper Wedjah Community Forest. (Nitrian; Motor Road) 9.1.2 Document Land Transactions and Sales If the government is to sell land to the people, it should make an arrangement whereby people can pay for the land in installments. (Upper Workor) Government should reduce the price of surveying land to enable every clan member to buy his/her land. (Dobli) All land transactions – including rentals and borrowing arrangements – should be documented and documents should be kept securely. (Gbanshay; Little Kola; Tengia; Upper Workor) 9.1.3 Protect Customary Rules and Rights of Ownership Government should carry out land reforms that will support the local people‟s ownership of land. (Ylan) Families living on and using land should be given first preference when land sales begin. (Upper Workor) CUSTOMARY LAND TENURE IN LIBERIA
102 The current land tenure system is working well and should not be changed. If, however, there is a need for change, the towns should receive TCs in town names (though some individuals would like land to be privatized and individually owned). (Upper Workor) Customary laws play a major role in promoting peace and harmony in the clan. The government should respect local people‟s rules for land and natural resources. (Ding; Upper Workor) Government should prevent local leaders from abusing their power and taking or selling land. (Ding; Ylan) Government should prevent land sellers and buyers from taking clan land without first consulting with the community and letting the people decide. (Ding) 9.1.4 Protect Women’s Land and Resource Rights Protect women‟s rights to property so that they are not disenfranchised in cases of divorce or widowhood. (Mana; Tengia) Ensure that women‟s land rights are equal to those of men. (Mana) 9.1.5 Limit Acquisition of Land Done Irregularly or by Outsiders Strangers should not acquire ownership rights to clan land. (Gbanshay) Government should nullify all deeds that were obtained by former clan-level government officials who used their power to obtain land. (Ylan) Government should investigate the legality of deeds obtained by outsiders during the Tubman, Tolbert, and Doe administrations. (Mana) Government should revoke deeds obtained by outsiders when the land has not been developed for 10 years or more. (Mana) Ensure that companies work with and contribute to clans‟ development. (Mana) The government needs to consult local people before approving mineral extraction in the communities. (Upper Workor) If the government uses land, it should dedicate a certain percentage of the revenue from the land to people in the communities. (Tengia) Government or companies seeking land in the clan should consult citizens and negotiate terms of agreement with them. No force or intimidation should be applied. (Little Kola) Mining companies and concessionaires should compensate the community and/or contribute to local development. (Mana; Motor Road) 9.1.6 Support Local Governance Authorities Government should support local leaders. (Little Kola) All local leaders, especially the chiefs, should be paid by the government or the towns. This will give them an incentive to carry out their roles effectively and efficiently. (Dobli; Saykleken; Tengia; Upper Workor; Ylan) Government should provide law enforcement officers in the clan. (Dobli) Land matters should not be settled without consulting local authorities. (Upper Workor) Elections should be held on regular basis so that community members can select their chiefs and other authorities to manage their affairs. (Saykleken) 9.1.7 Encourage Dispute Resolution The resolution of land disputes should be handled locally by traditional authorities. (Ylan) Local leaders should be empowered to resolve land disputes. (Gbanshay) 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,
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40 Figure 4.1: Access to land for f
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42 Figure 4.2: Children’s acquisi
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44 Figure 4.3: Profile of borrowing
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46 he/she is fully integrated as a
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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 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: 100 The importance of documenting c
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
Page 169 and 170: 142 o o o o o o o Antelope Hippo
Page 171 and 172: 144 Any community member or gro
Page 173: 146 U.S. Agency for International D
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