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

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5.0 LAND GOVERNANCE
INSTITUTIONS IN LIBERIA
In the 11 studied clans, land and natural resources are governed by layers of traditional and statutory
authorities. This chapter describes the role of different customary and statutory governance authorities and
specifically those that govern land and resource matters. We describe how they acquire their positions, the
scope of their responsibilities, and how they relate to one another. The chapter concludes with a discussion of
key issues.
5.1 CUSTOMARY GOVERNANCE INSTITUTIONS
Customary authorities derive their legitimacy from custom, rather than from the state, and govern land in
accordance with customary rules. Our research shows that in all 11 clans, customary authorities are active in
land and natural resource governance and typically govern at the town-level (with some variation). Many rural
communities still depend on these institutions to gain access to land and to resolve land disputes, even in
areas where demand for land transactions and formal property rights are rapidly increasing. 52 Studies have
shown that customary institutions like these are able to reinforce accountability, ensure low-cost land access,
and achieve equity. These findings are supported by the fact that customary tenure institutions are built on
structures and procedures that are open to public scrutiny and amendment and are therefore more sensitive
to the local conditions and needs. 53 During our interviews, clan members in Saykleken, Nitrian, Upper
Workor, and Gbanshay reported that traditional authorities are accessible, efficient, and affordable (often
offering free services). As a result of these characteristics, communities have a means to address issues locally,
and in so doing, maintain peace in the community. In contrast, formal justice systems are perceived by most
clan members to be inaccessible and unaffordable. Recognizing and cooperating with customary institutions
offers the GOL the advantage of utilizing a free administrative capacity and functions located extensively in
rural Liberia at no cost to the state (Unruh, 2007a).
5.1.1 Elders
In the rural clans studied, Town Elders are the most prominent customary governance institutions. Elders
often work closely with elected and appointed authorities at all levels of governance in the clans, from the
Town Chief to the District Commissioner. Town Elders are typically selected by the citizens of their towns
based on their wisdom and ability to resolve disputes within their communities. In some clans, Town Elders
were reported to serve until they die, though they can be dismissed from their positions if they do not serve
well. Community members explained that a Town Elder is a well-respected resident (usually a man), who has
contributed to the town‟s development, who regularly represents the town, and who is impartial in dispute
resolution.
In addition to Town Elders, there are sometimes additional hierarchical layers in the institution of the elders.
Some Clan Chiefs have Clan Elders who advise them. In some places, District Elders advise the Paramount
Chief and District Commissioner on various issues, including dispute resolution. Additionally, some clans
have a Chief Elder, also called a Dean Elder or Clan Elder, who serves as the leader of all elders. He is
appointed by the other elders to advise the Clan Chief, the Paramount Chief, and the District Commissioner.
52 See for example Deininger, K. (Ed.). (2003).
53 For more details, see Toulmin (2009) and Deininger (2003).
CUSTOMARY LAND TENURE IN LIBERIA