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

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Road and Saykleken citizens acknowledged some decrease in compliance with traditional rules. The civil war
and challenges arising from the youth 1 were repeatedly cited as major reasons for diminishing compliance.
Other possible contributors to waning compliance with customary rules are the increased legitimacy ascribed
to statutory evidence of tenure over customary evidence and the uncertain and diminishing role of cultural
institutions.
Statutory Tenure: Tribal Certificates, Deeds, Concessions, and State Land Rights
With the exceptions of Saykleken and Tengia, the tenure systems of the nine other clans are influenced by the
introduction of statutory tenure. We encountered four main statutory tenure forms in the studied clans: 1)
Tribal Certificates (TCs), which legally authorize the holder to have a designated area of land surveyed; 2)
deeds, which legally certify land rights; 3) rights granted to companies or organizations, including concessions,
licenses, permits, and other contracts granting private companies and organizations rights to land and often
certain natural resources associated with that land; and 4) government land, specifically referring to holdings
designated for specific management or use by the Government of Liberia (GOL).
Statutory tenure claims can be broken down into two categories: claims by clan citizens and claims by
outsiders and the government. In several of the studied areas, TCs and, in some cases, deeds, have been
acquired to secure the claims of clan citizens to the land they have traditionally occupied. The level at which
the claims have been made and the names believed to be recorded on the documents provide insight into
local perceptions about who “owns” the land and who should be in charge of administering that land.
Nitrian, Mana, and Dobli all claim to have communal deeds ranging from the clan level to the district or
community level. In Ding and Little Kola, there are TCs for towns. However, in Ylan and Gbanshay, these
forms of statutory documentation tend to be for land managed by individuals and their immediate families.
There were no TCs or deeds reported in Motor Road and Saykleken – both clans located in the southeastern
part of Liberia.
Our study also revealed that several of the clans have land that is claimed under one or more forms of
statutory documentation issued to individuals or entities considered to be outsiders (i.e., not descended from
the original settlers in the area or assimilated strangers). The most common documents are deeds, licenses,
and concessions granted by the government. Claims are also asserted directly by the government, which are
not necessarily documented in this manner.
GOVERNANCE AUTHORITIES FOR LAND AND NATURAL
RESOURCES
In each of the 11 clans, governance over land and natural resources derives from both customary and
statutory authorities.
Customary leaders derive their authority from and govern in accordance with customary rules. In the studied
clans, these authorities included elders, chairmen, chairladies, Family Heads, and Quarter Chiefs. In some
clans, Town Chiefs occupy a hybrid position between the customary and statutory realm. Despite growing
demand for formal property rights, many communities still depend on these customary institutions for access
to land and dispute resolution. In all 11 clans, customary authorities are active in land and natural resource
governance and typically govern at the town level. Community members and local leaders reported that
customary governance authorities tend to be more accessible and efficient than statutory authorities and that
they provide free services. However, in some clans, these assertions were contradicted by other clan members
who accused customary authorities of espousing outdated beliefs, of not representing all echelons of the
community, and even of corruption.
1 Typically referring to individuals between 18 and 35 years, though this varies somewhat by locality.
CUSTOMARY LAND TENURE IN LIBERIA