Challenges & Issues in Implementing Land Rights Policy  The policy represents a major paradigm shift for Liberians in their thinking about land rights,

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Presentation transcript:

Challenges & Issues in Implementing Land Rights Policy  The policy represents a major paradigm shift for Liberians in their thinking about land rights, land tenure, land and natural resource governance.  Most land that was considered “public land” becomes community/customary land.  Policy was developed involving broad-based participation and is evidence-based.  Draft, vet, and pass New Land Rights Law: 1 st draft is completed & is being reviewed in-house. Should be available for wider distribution and discussion early January 2014.

Implementing Community Land Rights  Defining communities  What level? Towns, clans?  Defining & identifying community membership  Demarcating community land boundaries

What is Community Forest Land?  Community forest land was previously a relatively small percentage of forest land, was carved out of what was considered “public land.”  Virtually all forest land in Liberia will now be claimed by communities under the customary/community land rights category.  Will need to revise NFRL of 2006 and CRL of  Will need to bring awarding of forestry concessions in line with new policy & law.

Management of Community Land  Organizing community land management bodies  Developing community land management by- laws  Constituting a legal entity

Government Management & Monitoring Government has responsibility to supervise & monitor In what unit is that responsibility to be placed? FDA has responsibilities for community forest. Do we create a parallel structure, bodies to manage & supervise community land? Is there an inherent conflict of interest in FDA’s responsibility to promote commercial logging and to seek the interests of communities in community forest? Should there be a management & monitoring unit withint a govt. institution? If so, which institition? Potential role of new land agency.

Constitutional Issues  1986 Constitution makes no reference to land, land rights, or land tenure.  Only guarantees right of all Liberians to own private property.  Is there a need for a constitutional amendment which does spell out the land right categories identified in the new policy?  Specifically is there a need for a constitutional amendment protecting and guaranteeing customary land rights?