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Published byLesley Gilmore Modified over 9 years ago
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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.
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Implementing Community Land Rights Defining communities What level? Towns, clans? Defining & identifying community membership Demarcating community land boundaries
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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 2009. Will need to bring awarding of forestry concessions in line with new policy & law.
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Management of Community Land Organizing community land management bodies Developing community land management by- laws Constituting a legal entity
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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.
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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?
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