Liberia’s Land Reforms and its Anticipating Pearl for Stability & Development…as I see it

By Edwin K. Bombo
Contributing Writer

Recent decisions by the Land Commission of the Republic of Liberia to provide Policy Recommendations for land rights in Liberia, which centered on four basic areas: Public Land, Government Land, Customary Land, and Private Land are laudable efforts. However, to undertake Land Administration reform, especially in a country that has seen and continued to see unpredictable consequences in land tenure and land disputes, it is important to draw on best practices in Land Reform Administration; certainly, it is important to consider and adopt factors that affect the reform and the choice of the specific strategies adopted.

These strategies are many and varied which re-enforces the proposition that the Land Administration System for Liberia should encompass a holistic approach that addresses each strategy. Certainly, strategies can be developed using a “Tool Box” approach, i.e. each specific strategy and resulting system should be made up of many separate, well understood, proven and widely accepted components (International Conference on Land Policy Reform, 2000). Liberians quests for a secure and predictable access to land as a productive source is key to the livelihoods of every Liberian. As such, any policy documentation addressing land rights and land ownership in Liberia should also address areas that have experienced heighten tensions among various stakeholders. In Liberia, land has been and continued to be key and oftentimes contentious issues. Secure land tenure enables all Liberians to reap the benefits of their investments without fear that their right to own land will be tempered upon. As such, formal and informal land rights should therefore be seen as key to improving the conditions of the poor in every part of Liberia, in terms of economic growth, agricultural production, food security, natural resource management, gender-related inequalities, conflict management and local governance process more generally.

Existing evidence suggests that the effects of land property rights administration in Liberia over the years have been poorly administered. For example, prior to the drafting of these policy documents by the Land Rights Commission of Liberia, land ownership in Liberia has been based on Common Law which requires an owner to have a title deed. Also, a parallel system of traditional laws, based on verbal agreement, is also prevalent, creating widespread confusion over who owns what. Because of the breadth and depth of disputes that have characterized land issues in Liberia, the Truth and Reconciliation Commission (TRC) also highlighted in its reports the need for Land Reform as one of the priorities for boosting long-term stability.

The caveat though is to lament that the need for comprehensive Land Rights Policy documents should not be seen as a political expediency, rather as a right that should be bestowed upon every Liberian. We know the level of disputes that have occurred all over the country, especially areas that experienced massive displacement of the population during the civil war, such as Lofa, Bong, Nimba, and Montserrado counties. We also believed that the current policy documents drafted by the Land Rights Commission of Liberia lacks specificity, and did not address some of the prevailing, and indeed contentious issues surrounding squatters and illegal dwellers of Government and Private Land, lest did the document addressed retrospective issues surrounding land disputes and the uncanonical manner in which lands were awarded to concession companies.

Henceforth, the objective of this chronicles is to provide a critical analysis of the current policy document drafted by the Land Rights Commission of Liberia. My analysis of this document will be first, to provide some historical perspectives on land administration and distribution in Liberia; its impact on today best practices of land rights administration. A discussion will follow on the merits and demerits of the documents, as well as a statement synthesizing whether the policy documents addressed every area of concern to the Liberian people. This will be followed subsequently by recommendations regarding best practices that will help mitigate some of Liberia’s land tenures and Land disputes.

According to a 2010 Framework and Guidelines on Land Policy in Africa drafted jointly by the African Union, African Development Bank and the Economic Commission for Africa, the land question facing Africa in general, Liberia included, “has its origins in geopolitical, economic, social, and demographic factors, compounded more recently by emerging global and strategic imperatives”. In Liberia, for example, these include different forms and modes in various parts of the country…the diversity and degree of persistence of indigenous cultural and normative systems and forms of economic organization. For example, in Liberia, the creation of the Land Rights Policy addressing four categories, i.e.(Public Land, Government Land, Customary Land, and Private Land), as well as sub-categories called Protected Areas, that is conserved for the benefit of all Liberians needs critical review.

Historical perspectives on land policies, land tenures and land disputes in Liberia.
Chapter three of Liberia’s constitution (which came into force in 1986 contains a wide range of fundamental rights for every citizen. Amongst them is the right to own property. Under Article 22(a), every person shall have the right to own property alone, as well as in association with others.

Unfortunately, property owners in rural communities have been treated unfairly over the years with respect to their ability to enjoy these rights. This is due in part to the government drive not only to raise revenues but also its quest to attract foreign direct investment (FDI). Also, according to a scholarly paper written by Major DiDomenico of the U.S. Air Force in fulfillment of his thesis…”Land Disputes Unearth Shaky Legal Foundation: Will Liberia’s Land Reform Provide Stability”? The Liberian Government has committed itself to land use and land rights to foreign investors over an area totaling approximately 75% of the total land mass. “This exercise has resulted in eviction and subsequent displacement of rural dwellers, many of whom have never possessed formal title deeds to their resource-rich ancestral lands”, as analyzed by the International Institute for Democracy and Electoral Assistance, (IDEA). Accordingly, IDEA also laments that “the practice since 1956 has been to consider all lands without a title as public lands over which the state, as per a 1973 Public Land Law, reserves the right to grant concessions on”. Also, access to land and its resources was a factor, and arguably, the impetus for conflict in Liberia in both the 1980s and 1990s. This idea was explored by anthropologist Paul Richards who argues that “the conflict in Liberia was a result of tensions over access to land”. Richards asserts that the internal conflicts in Liberia were a product of domestic labor exploitation and abuse, especially of young people, which prevailed in the countryside in Liberia. These exploitations were a result of the indirect rule imposed by the elite class in Monrovia. Chiefs had imposed heavy and unjust fines and abuse of rural customs, particularly regarding marriage and land rights.

After the civil wars, and the ousting of Charles Taylor, and the subsequent establishment of the Ellen Sirleaf administration, the degradation of customary land rights continued. For example, new laws like the National Forestry Reform Law of 2006, declared all forest resources in Liberia to be held in trust by the Republic for the benefits of the people.

As most customary lands do not have titles attached to them, these lands are often considered as public lands. Similarly, the government has often left customary lands owners out of the negotiation process or any direct rights to benefit from the proceeds of such investment; rural communities have often been left only with promises to social development and local economic empowerment, none of which has even been realized.

Aggravating this situation is the co-option of rural elites and often illegitimate appropriation of rural lands by wealthy, influential Liberians with a connection to the government for their private investments at the expense of poorer rural dwellers, for whom “70% “of these lands, according to IMF estimates, are a source of livelihoods. Government lacks clear policy Land Administration Reforms and the appropriation of rural lands have become sources of friction over many years between the companies and communities on the one hand, and the state and citizens on the other hand. For example, in 2007 violence broke out in Grand Bassa County, against the expansion of projects of the Liberia Agriculture Company, (LAC); there has also been a recent tension between the Sime Darby Plantation and the people of Grand Cape Mount County. In each case, locals contested the companies’ encroachment on ancestral graves and other cultural and religious shrines found on lands leased to companies for development. The complex and largely unresolved issues of ownership and claims over land are in the views of most Liberians the primary reason for social tension in the country.

Criticism of the Land Reforms Policy Documents

1. Implementing land reform will require changes in several government agencies and administrative policies and the provision of adequate resources. Cited by the Liberia Institute of Public Opinion’s analysis of the 2013-2014 national budget, about $897,220 USD of donor funding was allocated to the Land Commission; and out of 26 agencies listed, the Land Commission is second to the last in donor funding allocated.
   
   
2. Like many developing democracies, particularly in Africa, Liberia continued to struggle with issues of saturated greed, fraud, and corruption. Not surprisingly, with vast resources with potentially significant income, land management has also fallen victim to fraudulent and corrupt acts and abuse of power by government officials. Even the Supreme Court of Liberia has recently recognized the violation of integrity and credibility of government institutions charged with maintaining documents of title in its opinion.
   
   
3. Similarly, the lack of reliability and genuineness of documents prepared by a government agency calls into question the government’s ability to affect change in reforming land tenure laws and indicate much larger problems with evidence of instability of the bureaucratic system. The effects of fraud, corruption, and abuse of power by officials and agencies are felt not only in urban areas where squatters are disputing land rights against displaced returnees, but are also strongly felt in the hinterland.
   
   
4. The Liberian Land Reform Commission did not consider population growth and migration in its policy documents. Although the extent of urban concentration will continue to vary from cities to cities, with Monrovia experiencing the fastest pace in growth. Urbanization throughout Liberia is still essentially driven by large-scale migration from the countryside as a result of a variety of factors, such as poverty, and often times, the general perception that cities offer a better quality of life. An important factor to note, however, is that urbanization in Liberia will continue to be characterized by informal settlement developments where over “about 26% “of the population currently live.
   
   
5. The Land Administration System is inadequately resourced and performing poorly below expected standards with tendencies for fraud and corruption. The system of land administration (the formal/statutory and informal/customary) breeds conflict, confusion and overlaps in institutional mandates.
   
   
6. Oftentimes laws are made to be prospective when dealing with issues, but because of the breadth and depth of disputes surrounding land tenures and land issues in Liberia, the Land Commission did not provide provision for remedies that address retrospective land tenures and land disputes as well as abominable concessionaires’ deals entered into by past administrations and companies operating in Liberia. For example, click on the link below for a thorough review of landmark areas being covered by various concessionaires from various companies and countries.

http://www.landmatrix.org/media/filer_public/70/48/704880d0-dea4-499e-8f9e-4d9a271b23bc/land_matrix_focal_point_africa_-_country_profile_liberia.pdf
Section 5.2.1.7 lacks specific time as to how long information sharing with the public regarding the sale and or lease of government land. For example, should such information be published in local dallies and broadcast in local vernaculars for a period of 30 days? Information sharing on government or public land lease or sale should not be restricted in areas affected by said lease or sale only; also, reasonable period as indicated in the document is not a definitive time frame; this section of the document is rather elusive in my opinion.

Section 5.2.1.7 did not highlight the need to entertain public views. Given the inherent complexity of land tenures and land disputes in Liberia, what economic use is made of a government or public land to be leased? How are the rights of the lessee embedded within wider social and cultural relationship with the locals? There is a need to entertain views…suggestions and objections to any part of a lease or sale of government or public land. A grace period for public input should be spelled out and procedures and processes outlined thereto.

7. The policy document did not take into account the issues of squatters’ occupying government, and or public lands, and even so, disputes arising out of squatters occupying private lands.

Recommendations
The administration and proper management of land is an important factor in the development and ensuring and preserving peace and security.

1. Land Rights Policy and legal Reform should provide remedies to the often-contentious legal battles surrounding land tenure and land rights issues in Liberia.
2. The Land Commission should provide a fair, equitable, and comprehensive land policy administration in Liberia that provide a way forward that seeks to encourage agriculture and livestock productions in Liberia’s economies; the commission should also help greatly enhance and radically restructure a number of constraints, such as over-dependence on imports of food, and low level of mechanization especially in terms of irrigation development resulting in sub-optimal use of Liberia’s land resources.
3. The Liberian Land Reform Commission should regard land in Liberia as not just simply an economic or environmental asset, but as a social, cultural and ontological resource, and an important source of asset-based security for the poor and rural dwellers.
4. Land should remain an important factor in the construction of social identity, the organization of religious life and the production and reproduction of culture.
5. In order to successfully implement the recommended land tenure reform, thereby lessening internal conflict and class tension, the Government of Liberia must provide the political will for land reform by offering robust and trustworthy government agencies to ensure collective community landowners’ rights are protected, eradicate fraud, corruption and abuse of power by bureaucrats and local community leaders, and provide affordable access to a fair legal system honoring customary and individuals ‘rights rather than favoring local elites or foreign investors.

In conclusion, I want to commend President George Manneh Weah, for his foresight in putting together a formidable team to review and revisit all concessionaires agreements entered into by past administrations. I also wish to state unequivocally clear that this is a call to action…to protect the rights of the Liberian peoples, and wish to remind those involved with this noble tasks to guide against conflict of interest.  Recuse yourself if there is any semblance of a conflict of interest in this endeavor. Anything to the contrary borders upon the frivolous.

Similarly, while it may be true that we need partners in our quest to develop this country, we should do so with foresight, rather than creating a piteous situation, thereby jargonizing the interest of the Liberian people. Allowing people of non-negro-descendent to acquire and own land in Liberia is, in my opinion, unpalatable. I think the government should, instead, put into place necessary structures and reforms that will create the necessary imperatives for a sustained middle-class growth and development that engender critical thinking and informed judgments.

Also, allowing individuals of non-negro descendent to acquire and own property in Liberia, may not be the best way forward in my opinion; instead, we should all, (irrespective of political affiliations), support the pro-poor government led by President Weah to muster the political will to eliminate waste, abuse and misuse of resources in government as it has been in past administrations, and utilize the meager resources prudently to spur economic growth and developments. Let us guide against past experiences of countries such as Zimbabwe and now South Africa. An article fully analyzing the issues of individuals of non-negro descendants acquiring and owning land in Liberia, and my own position maybe the next issue of disquisition. Finally, the writer of this chronicles assumes all responsibility for errors of facts and judgments.

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The author: is an Educator, Financial Expert, a Writer and an Advocate. BSC, M.Ed., MBA & Graduate Certificate Financial Analysis. He can be reached at:e.bombo@yahoo.com

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