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

9.0 CONCLUSIONSThis is a review of the policy, legal, and regulatory framework that governs ASDM in Liberia. The reportidentified and analyzed two specific aspects:1. Gaps and contradictions between existing mining laws and policies that are causing conflict forASDM and their communities with a view to propose solutions to:a) Increase registration of diamond production;b) Improve benefits from diamond mining to diamond mining communities; andc) Improve compliance with environmental reclamation to foster a culture of sustainability.2. Issues surrounding the clarification of property rights and improved access to mining sites forASDMs.The most important recommendations in this report can be summarized as follows.Incorporate the principles of the Mineral Policy of 2010 into the existing MML and promulgateMining Regulations consistent with these principles. Develop an Artisanal Diamond Mining Policy toformulate a long-term strategy for the management and development of this sector. Sustainability should bethe bedrock of this policy, comprising social, economic, and environmental dimensions.ASDM should be integrated into a larger national natural resource policy framework that synthesizesthe relationship between different natural resources and competing land uses. A mechanism should becreated to evaluate competing land uses according to established national development priorities. Theprinciples in the National Environmental Policy must be incorporated into the various natural resource lawsto create policy consistency.General Mining Regulations should be promulgated pursuant to Chapter 21 of the MML, butspecific regulations also need to be promulgated to clarify the unclear and contradictory terms thatpresently accompany Class C ADM licenses. The terms of the ASDM regulations should stipulatesimplified and understandable procedures to obtain Class C licenses, and must clearly set out the steps aminer needs to follow to obtain a license. The cost of licenses should be reduced in proportion to the size ofthe claims, which should be reduced to between 5-10 acres, to be renewed annually or biannually.Environmental laws should be amended and regulations promulgated to facilitate realistic measuresfor environmental rehabilitation. There should be cooperation between the different departments tofacilitate this process. Through benefit sharing, local communities can be incentivized to enforceenvironmental compliance and gain a sense of ownership over their environment.The MLME should work with the Land Commission to clarify and secure access rights for ASDM.The dual and ambivalent systems of statutory and customary property rights should be clarified, andcommunal property rights should be recognized. At the very least, customary land users affected by mineraldevelopment should be consulted and compensated for their loss of use and access rights to land. Thisshould also include the possibility of surface rental.ASDM can make a meaningful contribution to social and economic development, provided there are clearpolicy, legal, and regulatory mechanisms that incentivize them and their host communities to develop in asustainable way.PRADD LIBERIA: A REVIEW OF THE LEGAL, REGULATORY AND POLICY FRAMEWORKGOVERNING ARTISANAL DIAMOND MINING IN LIBERIA 33