(pradd) – liberia - Land Tenure and Property Rights Portal

3.0 GOVERNMENT’SINTERPRETATION OFSUPERIOR PROPERTYRIGHTS OVER LANDWITH MINERALSThe GOL is treating all unregistered and untitled land as “public land,” and grants mineral and mining rightsas well as forest and agricultural concessions over communal property without compulsory consultation andcompensation. Where mineral rights or concessions are granted and private owners or customarycommunities do not want to vacate the land, the government declares it “eminent domain” and expropriatesowners or tenants. In this regard, the government’s interpretation of superior property rights over mineralsoften violates other formal private property rights as well as informal customary rights.A very recent Draft Interim Policy on land surface rights where minerals are found, prepared by the Land Commissionof Liberia, states the following:“Mineral Rights are separate from land surface rights; severance of these rights is thru constitutional provision. All mineralresources belong to the Republic of Liberia and by extension the citizens of Liberia, to be used for the general good, and thereforeaccess to minerals below the surface shall not be impeded.”What creates tension is the interpretation that the government’s right to minerals is superior to any otherprivate property right or communal property rights, especially where “due process” rights—consultation,compensation, and resettlement—are not available to affected communities. That is the case for Liberianrural communities whose property rights are not recognized.Consideration should be given to three sections of the MML that deal with this issue, which arecontradictory:• Section 9.2: “Existing Rights - Mineral Rights are always issued subject to existing rights of otherPersons in the lands subject to such Mineral Rights.”• Section 11.3: “Supremacy of Government’s Right - Government’s right as owner of Minerals inthe Republic of Liberia are absolute and supersede the rights of any Landowners or Occupants ofLand in respect of the Exploration or Mining of Minerals, provided that such Landowner orOccupants of Land shall be entitled to just, prompt and adequate compensation for any diminutionin the value of Land caused by disturbance, disfigurement or other factors occasioned by theGovernment’s exercise of its rights.”• Section 11.5: “Procedure on Refusal of Land Owner or Occupant to Grant Access to land forExploration or Mining” - Petition and hearing procedures.PRADD LIBERIA: A REVIEW OF THE LEGAL, REGULATORY AND POLICY FRAMEWORKGOVERNING ARTISANAL DIAMOND MINING IN LIBERIA 9