Monrovia – Today marks the commencement of the groundbreaking Land Rights for Inclusive Climate Action and Sustainable Development Conference at the Ellen Johnson Sirleaf Ministerial Complex in Monrovia. Hosted by Landesa Liberia in collaboration with the Rights and Rice Foundation, the conference aims to address the critical nexus between land rights, climate change, and sustainable development in Liberia.

Land Rights Act (LRA) – A Progressive Step

In 2018, Liberia took a progressive step by passing the Land Rights Act (LRA), granting secure land tenure to about two-thirds of its population. The act bestowed ownership rights to rural communities over their ancestral customary lands for the first time in the nation’s history. However, challenges persist, particularly in integrating climate adaptation and mitigation into the land formalization process.

Identifying Gaps and Challenges

Landesa, a key player in supporting communities through the formalization process, has identified a significant gap in integrating climate adaptation and mitigation. Although Liberia is not a major CO2 emitter, the impact of climate change on health, agriculture, housing, and more is evident. Over 70% of Liberia’s land falls under customary ownership, presenting an opportunity to address and reverse the impacts of climate change.

The Urgency of Climate Action

A study conducted by Landesa in 2020 revealed alarming changes in wetlands and forests in Bong, Lofa, and Montserrado counties. The degradation of wetlands in peri-urban areas and deforestation in customary communities have led to adverse effects on soil quality, crop yields, and biodiversity. The Upper Guinea Forest, home to unique biodiversity, is under severe threat, with only 10% of it remaining.

The Conference’s Objectives and Approach

The two-day conference, scheduled for January 30th and 31st, will bring together representatives from the Liberian government, climate change and conservation organizations, international partners, and local community representatives. The first day will focus on educating stakeholders about climate change, while the second day aims to explore the integration of climate adaptation and mitigation within the land formalization process.

Short-term and Long-term Deliverables

Short-term deliverables include a comprehensive report on the conference proceedings, a data report profiling attendees, and the drafting of a memorandum of understanding (MOU) between Landesa and other organizations. Long-term deliverables include documents outlining the integration of climate measures in the formalization process, plans for a climate change thematic group, commitments from international partners, and a timeline for reviewing relevant laws.

A Call for Action

The conference seeks to address the urgent need for climate action within the land rights framework, aiming to create a sustainable and inclusive approach to land formalization. As Liberia grapples with the impacts of climate change, the outcomes of this conference may pave the way for a resilient and climate-smart land tenure system, setting an example for other African nations facing similar challenges.

Monrovia – A group of Liberian women under the banner ‘Women for Land Rights in Liberia’ – a conglomerate of women from diverse social background – on Thursday April 19, petitioned the legislature through the office of Vice President Jewel Howard Taylor to prevail on the Senate to pass the 2014 version of the draft Land Rights Bill into law.

Report by Henry Karmo, henry.karmo@frontpageafricaonline.com

The women insist the version of the Bill passed by the House of Representatives in August of 2017 would undermine the land rights of ordinary Liberians, especially rural communities that depend on ancestry land to grow food and generate income for livelihood.

“Without communities having access to their land, it will be difficult for the government to achieve its Pro-poor Agenda. We the women of Liberia would like to draw the attention of policy makers to five areas in the current law passed by the House of Representatives that are not in the interest of Liberians,” the petition reads.

The women in their petition received by Senator George Tengbeh of Lofa County, chair of the Senate Committee on Claims and Petition, was based on five cardinal areas.

The focus includes; Tribal Certificates, 30% of the Public land, Protect the rights of communities to informed Consent, Protected and proposed protected area declared as government land, and Women Land rights.

On the issues of tribal certificates, the petition said, the Bill recognizes tribal certificates and other property as passed by the House of Representatives without taking into account measures that would protect communities’ rights to their land.

This recognition of tribal certificates will open the door to large-scale land grab by the Private individuals and companies, they said.

Speaking to the issue of 30% of public land, the women claim the Bill calling for the 30% of customary Land will automatically leave communities ownership and go to government to be used for Public land without due process of financial payment to the communities that own the land.

“This is likely to violate the constitution. The current draft Bills does not define the role of communities in negotiating concessions on their land and does not define sharing rights of communities in the event where they are denied enjoyment to their customary land rights.

“The current Bill needs to include a provision that protects the rights of communities to free, prior, and informed consent (FPIC) to all concessions and investment on their land,” the petition stated.

The current draft of the Land Rights Bill contains provisions that function to remove protected lands, both designated and proposed, from customary land owners.

But the women say the changes create confusion about the status of the protected areas and amount to forceful taking of customary land without due process and measure to safe guard the rights of communities.

In the women’s view, the current draft Land Bill does not adequately address the rights of women to access, own and transfer land.

“We are of the view that if the current draft land rights bill is passed into law in its current form and shape, it will lead to a law that will not protect the interest of families in the rural parts of Liberia that depend on the land for survival.

“This will undermine peace, national reconciliation, and create more poverty among community members that depend on the land for income.

“On behalf of the women of Liberia, we call on you to use your influence to consult with members of the Senate and House of Representatives and Civil Society Organizations to see the need to pass a “Pro-poor” Land Rights Bill that will protect the customary Land Rights and interests of the greater portion of our population that lives on the land as a means of livelihood,” states the petition.

Monrovia – Traditional chiefs from several towns and villages across the country have threatened to canvass against the re-election of members of the Senate, if they concur with the House of Representatives to pass the version of the Land Rights Act (LRA), recently passed by the lower house.

The Plenary of the House of Representatives in August of 2017 voted and passed into law the Land Rights Act and submitted it to the Senate for concurrence.

However, many chiefs from towns in Grand Cape Mount, River Cess, Margibi and Bomi counties said the version of the Act passed by the House of Representatives is completely different from what was agreed to by chiefs, traditional leaders, civil society, government representatives, law makers and the cabinet of Liberia at a National Conference called by the President in 2013 to validate the Land Rights Policy which was translated into a draft law and presented to the Legislature in 2014.

The chiefs argued that “Since policy can easily be changed by politicians,” the draft Land Right Act submitted to the Legislature in 2014 for passage into law was basically converted from the 2013 Land Rights Policy.

The traditional chiefs, some of whom are town chiefs and elders of their towns and villages made the statement when they petitioned the Senate over the weekend.

They converged at the Legislature under the auspices of the National Traditional Council of Liberia which was represented by Wordorwor Gaye-Tuahn , Chief Zoe of the Liberia and Bob Kofi Zar,  Speaker of the Council.    

“We are aware that policy is not as strong as the law. Politicians can easily change policy or refuse to implement it. For this reason, we all agreed to make the Land Rights Policy strong by making it a law,” the chiefs’ petition which was submitted to Senate Pro Tempore Amah Zolu Jallah asserted.

The chiefs disclosed that the Land Rights Policy was endorsed by traditional leaders, NGOS, company representatives, government officials, legislatures, commissioners and superintendents from the 15 counties during a 2013 meeting at the Centennial Pavilion on Ashmun Street, Monrovia, attended by President Ellen Johnson-Sirleaf and other government officials.

They told Senate Pro-temp Jallah at the petition ceremony which attracted other senators including Thomas Grupee of Nimba County, Senate Chair on Internal Affairs and Milton Teahjay of Sinoe County that the Plenary of the House of Representatives hurriedly passed the law last August following almost three years since it was submitted to the legislature without consulting anyone.

The chiefs explained that, disappointingly, the lawmakers removed significant portions of the Land Right Policy which provided protection for rural and poor communities.

“We are very disappointed to hear that the House of Representatives spoiled the law that we gave them,” he said.

Flanked by Liberia’s Chief Zoe, Wordorwor Gaye-Tuahn, spokesman of the National Traditional Council, Bob Kofi Zar and accompanied by a team from Green Advocates International (GAI), the Alliance for Rural Democracy (ARD) and the Natural Resource Women Platform (NRWP), the chiefs said some members of the House of Representatives lost their job and will not return to the Capitol because “we told our people not to vote for them.”

Liberia’s Chief Zoe Gaye-Tuahn and Spokesman, Bob Kofi Zar represented the National Traditional Council Chairman Zanzan Karwah.

The petition noted” “We have come to bring the 2014 law back to you. This is the law that we want”.

“Please sign this one. This is the law that we gave to you in 2014. Please don’t sign the bad law that the Lower House passed in August 2017 without consulting us.

Those who played with our land business, we took their job from them.”

“We are watching you too. If you do what the other people did, we will go to your counties and tell your people not to vote for you too”, the petition emphasized.

Presenting the petition to Senator Jallah, Chief Zar reiterated that the Land Rights Act was tampered with by the House of Representatives and pleaded with the Senate not to concur with the lower House.

He said the chiefs’ appeal for the Senate to vote on and pass the original 2014 version of the Land Rights Act was in the interest of every Liberian including individual senators, whom he considered their children.

“The 2014 Act is good for every Liberian. You are also included because we consider you to be our children”, he said.

Accepting the Chiefs’ petition, Senate Pro Tempore Jallah lauded the chiefs for the manner in which they conducted themselves and promised that their concerns would be adequately addressed.

Speaking to journalists following the petition ceremony, which attracted other Senators including Thomas Grupee of Nimba County and Milton Teahjay of Sinoe, Hon. Jallah said the Senate is carefully handling the passage of the bill because, according to him, it is a controversial issue.

Senator Grupee, Chairman of the Senate Committee on Internal Affairs, Reconciliation and Governance made reference to land related conflicts in Nimba and other parts of Liberia and emphasized that the matter is crucial to the sustainability of peace in the country.

Speaking on the chiefs’ threats to vote against law makers including Senators who do not support the 2014 version of the Land rights Act, , Senator Grupee acknowledged that it is the right of citizens to canvass against senators who don’t champion their people’s cause.

He was also particularly grateful for the additional documents shared with the Pro-Tempore by the team from Green Advocates, the Alliance for Rural Democracy and the Natural Resources Women Platform, analysing the House of Representatives-approved version of the LRA and the original 2014 LRA, including the opportunities and challenges in both documents.

“If we are having this kind of analytical document from citizens, then this would have made our work much easier. We can easily see their idea for next steps”, he concluded.

In late October 2017, Green Advocates International (GAI) began receiving traditional leaders and chiefs from across Liberia requesting a meeting with members of the Liberian Senate.

They informed Green Advocates that while there are many issues facing our country including the pending elections, which they are deeply concerned about, the primary purpose of the meeting was to express the concern they have with the version of the Land Rights Act (LRA) approved by the House of Representatives in August 2017.

Green Advocates International (GAI) then facilitated the meeting between the Senators and the traditional chiefs.

GAI is a Liberian-based non-profit, public interest law, environmental and human rights organization working to advance a wide range of rights-based issues through legal aid, consultation and support for victims of environmental and human rights violations, the drafting and enactment of appropriate policies and legislations on good governance as well as assistance in the strengthening and enforcement of existing environmental and human rights standards.

GAI made the request for the chiefs on behalf of her two partner organizations, the Alliance for Rural Democracy (ARD) and the Natural Resource Women Platform (NRWP).

ARD is a network of community based organizations as well as pro-poor enterprising informal sector organizations from across Liberia working in solidarity actions to address environmental and human rights violations facing its members.

The Natural Resources women Platform is the largest  network of women  from rural communities as well as urban slums and squatter communities depending on and working on the issues of land, natural resources  and the economic, social and cultural rights of women in Liberia.

The women Platform works with both rural and urban women in Liberia to highlight challenges they face and then design strategies to engage relevant stakeholders in addressing concerns about women rights in the country. Together, ARD and NRWP have been amplifying the voices of local communities in Liberia, including women, youth, chiefs, etc.   

Monrovia – The Civil Society Organization (CSO) working group on Land Rights in Liberia, in collaboration with the National Civil Society Council of Liberia has alarmed that the current Land Rights Act passed by the House of Representatives and currently before the Senate is not in the interest of ordinary Liberians.

Report by Gerald C. Koinyeneh – gerald.koinyeneh@frontpageafricaonline.com

In a press statement over the weekend, the group noted that the current draft, if passed without revisiting several contentious issues, would go against both the letter and spirit of the Land Rights Policy of 2013, and further undermines peace, reconciliation, and development for years to come.

“While recognizing the efforts of the House of Representatives in passage of the Land Rights Bill, we would however like to warn that the Bill was dramatically watered down in such a way that rather than securing land rights, the current draft instead ensures a massive, legislative grab of most rural Liberian’s lands. 

If the current draft is passed without modification to how public land is designated, it will spark tensions in the country, as the bill allows the state to claim 30% of customary lands of communities for its own use without compensation.

It also allows for an unknown amount of land to be acquired through an unvetted process like Tribal Certificate,” the CSO Working Group alerted.

It specifically pointed out five provisions in the current draft  act including tribal certificate, 30% of public land, protected and proposed protected areas as government land, prior informed consent (FPIC) and gender that need to be revisited or not will amount to an unprecedented legislative grab of rural Liberian families’ lands.

It pointed out that the provisions in the current draft of the LRA legitimizes and validates Tribal Certificates and various other pre-existing property documents without safeguards against widespread bad faith transactions, fraud, historical procedural impropriety, or inaccuracy in the original survey processes; warning that  validating Tribal Certificates without robust vetting risks opening the door to large-scale privatization of Customary Land without genuine or inclusive consent of the community owners.

To guide against this, the Working Group strongly recommends the original solution set out in the September 2016 version of the Land Rights act be reinstated in its entirety.

“Should this not be possible, the group added, “we suggest changing the language of the current Article 47(2) to read: “Notwithstanding provisions of Section 1 of Article 47, the Public Land Sale Deed obtained by a holder of a Tribal Certificate shall entitle the holder to 100% of the developed portion of the land.

The Land Authority shall send an officer to confirm, in consultation with community members, what land had been truly “developed” by the date of the passage of this Act.  All land not yet developed shall revert to the Community to become Customary Land.”

It stated that the current LRA provides for the government to convert 30% of Customary Lands to public land without due process, compensation, or justification, effectively constituting expropriation of 30% of Customary Land from rural Liberian communities; and added that such a “taking” of community land without the consent of the Liberian land owners living on and earning their livelihoods from that land, and without payment of compensation does not only go against the 2009 Community Rights Law, it is also unconstitutional. 

On Protected and Proposed Protected Area as Government Land, the group noted that the current draft of the LRA contains inconsistencies that function to remove Protected Lands, both designated and proposed, from their customary landowners; noting that it altered the September 2016 version of the Land Rights Act and create confusion about the status of protected areas.

It recommends amending Article 42(1) to read: “All Land previously designated by the Forest Development Authority (FDA) as Protected Areas, including those already designated, shall be and remain Protected Areas, while simultaneously categorized as Customary or Private Land.”

It further called for the reinstatement of the rights of communities to Free Prior Informed Consent (FPIC) to all concessions and investments on their land; adding that the current draft of the Land Rights Act sets out no participatory rights for communities, no consultative rights, no benefit sharing right commensurate with the denial of the enjoyment of their Customary Land, and no use or access rights.

The Working Group recommends adding Article 33 (3) to read: “Concessions, contracts, permits and other documented licenses executed by the Government in favour of any Person on Customary Land prior to the Effective Date of this Act shall remain valid and enforceable in keeping with their existing terms and conditions, provided the Person exercise maximum efforts to engage positively, with the free, prior informed consent of the Community on all relevant matters arising.

On gender, the group asserted that the Land Rights Policy clearly recognizes that women’s land rights are often less protected than those of men and therefore specifically aimed to give equal protection to the land rights of men and women; yet, the current Draft Land Rights Act falls short of maintaining this mandate as in the alteration of article 36(6) originally article 38(8) which marginalize women’s participation in land governance.

The CSO recommends that the LRA institutionalizes women’s participation in land governance structures so that women represent at least 30 percent of the Community Land Development Management Committee.

“Importantly, any decision taken in respect of Customary Land shall be in accordance with the customs, traditions and practices of the community, provided that a decision which defeats the rights of women, heirs, descendants or persons with disability shall be null and void,” the group avowed.

Monrovia – The Civil Society Working Group on Land Rights Reforms has expressed its dismay over the exclusion of CSOs and Liberians from the legislative consultative forum over the Land Rights Act between the Liberian Land Authority (LLA), lawmakers and other stakeholders.

In a press statement issued on Tuesday, August 2, the CSOs Working Group intimated that their exclusion from the ongoing consultative forum lacks transparency and called on the 53rd Legislature to protect the integrity of the Land Rights Act, particularly to guide against key provisions of the act including tribal certificate, management of customary land and customary land and protected area, terming them as conflict prone intrusions.

“However, since the last public hearing on May 22, 2017, and with the establishment of a legislative consultative forum between the Liberian Land Authority, lawmakers and an unknown number of stakeholders at the exclusion of CSOs and citizens, the Civil Society Working Group has observed with dismay the lack of transparency and may raise ethical issues, such as conflicts of interest, and exclusion of citizens’ participation in these final revisions,” the CSOs Working Group said.

The group noted that if the work of the legislation is shrouded in secrecy and hidden from the public, it erodes the confidence of the public in the law.

On tribal certificates, the CSO Working Group asserted that it strongly protests any blanket legitimization of tribal certificates, adding that while it realizes that the issue of tribal certification deserves more dialogues and consultations with stakeholders, particularly local community, it would suggest adding more opportunity for communities to self-identify and set up a land management committee before formalizing tribal certificates.

The group noted that this will help establish a transparent and participatory decision-making process.

“A vetting process for tribal certificate needs to be clearly outlined or the Act could authorize the LLA, working along with Civil Society Organizations to outline a vetting process by which tribal certificate can be processed and formalized, taking into account other factors within a community, e.g. the size, demarcation, and length of time that land can be developed, etc.” it stated.

The group further expressed fear that if all tribal certificates are automatically recognized as legal documentation for land, this will severely undermine private tenure rights and customary land rights of communities, noting that this is because currently there is no inventory of how many tribal certificates exist and how much land are under tribal certificates.

It further added that when this happens, it is possible that there may be little or no land left that could be granted as customary land to rural communities.

 Similarly, the group noted that any attempt to place customary land under the management of central government will be undermining not only the right of communities, but the principles of the land rights policy and the land reform process in general.

It avowed that communities throughout Liberia will strongly resist any attempts to place customary land under the management of lawmakers or other national government actors.

Additionally, the CSOs Working Group also noted that any attempt to make protected areas as a category of land rights or as part of government land would fundamentally undermine the spirit and intent of the Land Rights Policy and the Land Rights Act and warned of possible repercussions if these recommendations are not adhered to.

The CSOs Working Group on Land Rights Reforms, in collaborations with the National Civil Society Council of Liberia has been actively advocating land reform in particular the protection of customary land rights since 2009.

Monrovia – The Civil Society Working Group on Land Reform has intensified engagements with stakeholders aimed at ensuring the speedy passage of the draft land right act at the National Legislature. CSO is civil society organization.

The group is a coalition of CSOs working on community land rights in Liberia, and currently engaged with stakeholders on the passage of the Draft Land Rights Act.

As part of its engagements, the group presented a position statement to the National Legislature at the Capitol Building on Tuesday, February 28, 2017. It called on lawmakers to speedily pass the draft land act before their (lawmakers) agricultural break this year. The statement was presented to both houses.

Madam Florence M. Dorley-Konneh of the Voluntary Guidelines on Responsible Governance of Tenure of land, Forest and Fisheries (VGGT) Secretariat read the statement on behalf of the organization.

The group viewed that protecting customary lands is the most important component in the Draft Act. However, it pointed out that customary land, among other things, is new and therefore vulnerable to commercial interests and elite land grab.

According to the position statement, the group made comments and clarity as well recommendations under some provisions of the draft law. The group focuses on Customary Land, Public Land and Protected Areas; Sale of Customary Land; Definition of Forest Land; Women Land Rights; Land Authority/Management and Role of CSOs, among others.

On the customary, public and protected lands, the group statement warned that any attempt to designate areas without consultations and informed consent of the communities who are customary land rights holders may undermine the core values, principles, and legal protection on customary land as enshrined in the law. This point, the group said, is based on the history of land use and management in Liberia.

“Also, any process that would allow government officials to arbitrarily draw boundary lines on communities’ land will likely see a continuation of the high incidence of boundary conflicts that have recently characterized concession zones throughout the country,” the statement alarmed.

Touching on the sale of customary land, the CSO stressed the need to ensure the interest of future generations and that common areas on customary land are secured.

The group further mentioned the need for gender responsiveness in the draft act; adding that the phrase “irrespective of gender or marital status” be enshrined in all provisions of the draft act.

In areas where property is to be mortgaged, the group recommended that it be done with spousal consent where relevant.

On land authority, the CSO working group spoke of the need to set up a grievance mechanism, complaints process, or Ombudsman’s office.

The group then told lawmakers to mention CSOs as partners in order to broaden the participation of diverse stakeholders in the implementation of the Act.

In response, Representative Matenokay Tingba, Chairman of the House Committee on Lands, Mines, Energy and Environment, appreciated the group for the engagement. He recognized the importance of CSOs in the ongoing review of the draft act and reaffirmed the House’s commitment to always consider the voices of the Liberian people.

Rep. Tingba, on behalf of the committee, promised to take the CSO’s statement to his colleagues for deliberations, assuring the passage of the act before their agricultural break.

Speaking earlier, the head of the CSO Working Group, Mr. James Yarsiah of the Rights and Rice Foundation (RRF), said the group is an organization of 18 CSOs that are working to ensure a proper land reform in the country.

According to Yarsiah, Tuesday’s presentation was part of their ongoing engagements to ensure the participation of all sectors.

Other CSOs of the group include: Sustainable Development Institute (SDI), Foundation for Community Initiative (FCI), Save My Future Foundation (SAMFU), Search for Common Ground (SFCG), National Civil Society Council of Liberia (NCSCL), Federation of Liberian Youth (FLY), Women NGO Secretariat of Liberia (WONGOSOL), Association of Liberia Community Radio (ALICOR), Better Women for Tomorrow Development and Peace, National Charcoal Union of Liberia (NACUL), Sharp Home Care Services (SHOCAS), Farmers Union Network (FUN) Liberia, Food and Agriculture Organization (FAO), Voice of the Voiceless (VOV) and Liberia Reform Movement (LRM), among others.