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?