Monrovia – The Sustainable Development Institute (SDI), a local civil society organization that advocates for the participation of local communities in decision-making processes on natural resources, has welcomed the passage into law of the landmark Land Right Bill.
According to Ms. Nora Bowier, SDI Coordinator, the groundbreaking legislation will be a transformative milestone of the post-conflict era in promoting citizens’ participation in the decision-making process.
Addressing a press conference on Wednesday, September 26, Ms. Bowier commended President George Manneh Weah for signing Land Rights Bill known as the ‘Land Rights Law of 2018,’ into law on the 18th of September; adding: “We also thank the former government, particularly the Land Commission which took the initial step in recognizing the land tenure rights of all Liberians, particularly the customary land rights of rural communities.”
SDI further stated that after four years of legislative deliberations, the Senate concurred with the House of Representatives a few weeks ago on August 23, and later on September 4th, 2018.
“It is important to note that by this action, the country has finally confronted an anomaly of the past, addressed one of the most contentious aspects of its conflict history and brought succor to thousands of Liberians, especially those in rural communities.
“The enormity of the potential impact of the Land Rights Law is underscored by the fact that before its passage into law, all lands in Liberia were either private (deeded lands) or public land – managed by the state. This meant that lands that communities had lived on for decades could be granted to national/international concessions and private individuals with the promise of creating employment and generating revenue for the country; or establishing national gazette often without the consent of communities; which subsequently displaced many communities living on the granted lands.”
They argued that over 75 percent of Liberians particularly rural dwellers have had little or no tenure security for generations and have been marginalized as they were largely denied the right to participate in large-scale land use transitions or in the negotiation of concession agreements.
Importantly, the Law now divides all Liberia’s lands into four categories,, namely private land (deeded land owned by one or more person), government lands (land owned by the government and used for government activities) public lands (all lands that are not government, customary or private lands) and customary land (land owned and managed by a community according to their customary norms and tradition).
“We are pleased to announce that the most progressive aspect of the bill is granting customary land rights to over 80 percent of the population.– which could potentially cover over 70 percent of the land area in the country.”
According to them, the granting of customary land rights to communities will introduce a change from an exclusionary approach that had been used to govern land in Liberia by giving power to communities to own and manage their land; adding: “It will address long-standing issues associated with Liberia’s current dual land tenure system that has contributed to land conflicts, marginalization and other social injustices faced by rural communities and poor Liberians.”
SDI highlighted four benefits that the Law ensures to communities, including customary ownership is automatically formalized; community Management of their Customary Land; the free, prior and informed consent of the affected community guaranteed and gender safeguards
“With these rights, communities can now collectively protect their lands and forest, build social cohesion, invest in large-scale farming, negotiate contracts with external actors, and participate in other revenue-generating activities using their land,” SDI said in their statement.
“We have all come a long way and it has been a hard and relentless effort to get to this point. The law is just but a part of a long process, which is ongoing. The difficult task ahead is ensuring full and unfettered implementation of the law. It is, therefore, incumbent upon all stakeholders to ensure the successful application of the law. The government must demonstrate the political will to preserve the sanity and sanctity the law brings to the tenure regime; civil society must play its watchdog role and create awareness and monitoring, international partners must provide the needed support especially for implementation, and communities and citizens must take advantage of the new opportunity to enhance their livelihoods and preserve their land and natural resources.”