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

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71 been serving since the last election (held in 1987) or had been appointed to the position when the preceding Clan Chief died. Paramount Chiefs Paramount Chiefs are the last category of chiefs in the clans who provide governance authority. They are the heads of Chiefdoms and oversee and are assisted by the Clan Chiefs within their Chiefdom. The Paramount Chiefs work under the supervision of the District Commissioner and are assisted by a council of elders. The Paramount Chiefs oversee all the tribal authorities in their Chiefdom. According to the Rules Governing the Hinterland, the duties of the Paramount Chief are to: Supervise the administration of the tribe; to carry out such lawful instructions given to him from time to time by the District Commissioner in relating to the collection of taxes; construction of roads and bridges; improvement of agriculture, trade, and the sanitation of his tribal area and other matters affecting the general welfare of his chiefdom or tribe (Hinterlands Rule, Article 22). Paramount Chiefs were widely reported to have the authority to resolve land disputes that the Clan Chiefs fail to resolve. In Upper Workor, Saykleken, and Gbanshay, Paramount Chiefs are also reported to enforce and uphold both government laws and customary laws. 5.2.2 District Commissioners and Superintendents District Commissioners (DC) are positioned at the highest tier of statutory, district-level governance. District Commissioners are appointed by and serve at the will and pleasure of the president. They generally oversee Paramount Chiefs, although in Ding and Saykleken Clans, we learned that they also oversee Township Commissioners. The District Commissioners and the District Superintendents (DS) are responsible for meeting the needs and concerns of local citizens in their jurisdictions and for ensuring that they are made known to the legislature and the GOL. The DC and DS are based in the district headquarters, which might be located outside the clan. In areas where the DC was based in the clan, his role in land and resource governance appeared to be much stronger than in areas where the DC was distant from the studied clan. The DC and/or DS are called upon when local authorities fail to address or resolve clan-level disputes. In the sites we visited, the DSs and DCs appeared to be well-respected by the clan members. In Ding Clan, the DC was accorded higher respect because he was seen to be actively seeking to resolve land disputes and to have clan residents‟ interests at heart. 5.3 OTHER GOVERNANCE AUTHORITIES 5.3.1 Cultural Societies In many of the clans we visited, cultural societies – primarily Poro and Sande, but also Quee – play an important role in dispute resolution and sometimes in land governance. Cultural societies are customary institutions whose authority is derived solely from local communities. The lore and practices of these societies are kept secret from nonmembers. In most of the studied clans, members reported that cultural societies are not directly involved in land matters, including resolving land disputes. Rather, the Family Heads and elders constituting these societies serve more generally as the first line of customary resolution for disputes that arise within immediate and extended families. This was true for Gbanshay, Upper Workor, Tengia, Little Kola, Ding, Saykleken, and Ylan Clans and Nitrian Community. By contrast, in Dobli, Mana, and Motor Road Clans, secret societies do play a role in resolving land disputes. For example, in Mana Clan, the Zoe are involved at the highest levels of CUSTOMARY LAND TENURE IN LIBERIA
72 dispute resolution. 55 While in Little Kola Clan, the Poro Society would declare a disputed territory as off limits, but the dispute would be resolved by the Town Chiefs and elders. Moreover, sometimes disputants prefer to take their cases to their cultural society leaders if both parties belong to the same society. In areas where Poro and Sande are active, these societies advise and resolve disputes on traditional matters, enforce traditional laws, and punish violators. For example, the Poro and Sande are called on to resolve disputes involving the spilling of blood or witchcraft. In Dobli Clan, we were told that, even when these cases are dealt with by the police, the individual will be tried and punished by the Poro or Sande leaders when they return to the community. In the clans where cultural societies exist, they were said to be powerful and respected. However, we found that in several clans – including Little Kola – the influence of the Poro Society was diminishing, especially among the youth. 5.3.2 Religious Organizations Although in most clans religious institutions play a minimal role in land governance, in Dobli and Mana, clan members reported that these institutions play an important role in promoting peace and in addressing confusions before they turn into major disputes. In Dobli, clan members reported that the church and the mosque have provided unbiased forums for dispute resolution. Youth in this clan embrace these institutions because they question the legitimacy of both customary and statutory leaders. In Mana, clan members reported that Pastors and Imams – representing the Christian and Muslim communities, respectively – advise the elders and Clan Chief and help resolve disputes, though their involvement in resolving land and resource disputes is unclear. 5.3.3 Community Based Organizations Community Based Organizations (CBOs) are active in several of the studied clans. All the CBOs were formed by clan members, sometimes with NGO guidance, as a way of responding to the needs and challenges facing their communities. While some play a significant role in land management, others are more focused on other types of developmental activities. For example, in Ding, Little Kola, and Dobli Clans, local committees were established to manage markets and to generate the funds needed for improving markets in these clans. In Dobli and Ylan, some CBOs formed to address women‟s issues. In Upper Workor, Ding, Motor Road, and Nitrian Community, we found forest management committees that are responsible for crafting rules governing access and use of forest resources in these clans. CBOs do not have funding from outside sources and either raise their own funds or operate on a voluntary basis. 5.3.4 Governmental Agencies One of the government agencies that plays an important role in land is the Forest Development Authority (FDA) which is active in Motor Road Clan. The agency is perceived to be the most powerful government agency in this clan. The FDA manages Sapo National Park and conducts bio-monitoring, law enforcement, and community engagement. The FDA also manages and controls areas around the Park, such as the Upper Wedjah Community Forest. This involves making decisions over land and resources in areas surrounding the Park. For example, we were told that the FDA has declared that no one may burn the bush in the areas that adjoin Park and the Community Forest and that no one may hunt in those areas. According to FDA employees, the FDA is engaged in raising community awareness and holds workshops to educate communities about the Park. Further, they have sent some community members to other protected 55 In Mana, Ma Zoe is the head of the Sandi, while the Dakpanah is the head of the Poro. Both are heavily involved in decision-making and dispute resolution at the clan and district level. Among the older clan members with whom we worked, we perceived that respect for Ma Zoe and Dakpanah, potentially bolstered by their “strong medicine” and fear among other clan members, that failure to comply with their decisions could result in bad “juju” or worse. 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
Page 47 and 48: 20 3.0 LAND USE AND LIVELIHOODS Thi
Page 49 and 50: 22 Upland Rice Cultivated in each o
Page 51 and 52: 24 money quickly. However, they als
Page 53 and 54: 26 3.2.2 Trees In addition to food
Page 55 and 56: 28 large rubber farms ranging from
Page 57 and 58: 30 tasks assigned to women and vice
Page 59 and 60: 32 3.2.7 Hunting and Fishing In mos
Page 61 and 62: 34 bush and fell trees on a farmer
Page 63 and 64: 36 men‟s focus on life tree culti
Page 65 and 66: 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: 70 Town Chiefs Town Chiefs represen
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 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
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122 ANNEX 5: TOWN MAP, SAYKLEKAN CL
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124 ANNEX 7: HISTORICAL MATRIX, YLA
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126 ANNEX 9: DOBLI DISPUTE LETTER C
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128 ANNEX 11: TRIBAL CERTIFICATE FO
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130 ANNEX 13: SEASONAL CALENDARS, M
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132 ANNEX 14: COMMUNITY FOREST BY-L
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134 CUSTOMARY LAND TENURE IN LIBERI
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136 b. A family or individual shall
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138 a. Standing Rules Tree
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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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