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An investigation into forest ownership and customary land ... - Fern

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Summary<br />

Positive conditions to solve the conflict<br />

The FDA (the Forestry Development Authority) <strong>and</strong> the Liberian government<br />

in general are fully aware of the need for legislative clarity <strong>and</strong> justice, to be<br />

laid out in a Community Rights Law. This study attempts to unravel the facts<br />

<strong>and</strong> to identify a practical way forward. This, the study concludes, is achievable<br />

given the many positive conditions exceptional to Liberia. These range from the<br />

relatively recent diminishment of <strong>customary</strong> <strong>ownership</strong> of <strong>forest</strong>s <strong>and</strong> the uncertainty<br />

<strong>and</strong> weakness of the judicial foundation of such moves, to the strength of<br />

collective tenure in the present day rural community, <strong>and</strong> the existence of a solid<br />

history of legal collective entitlement that includes <strong>forest</strong>l<strong>and</strong>s.<br />

Helpful circumstances also include the fact that the FDA itself has begun the<br />

process of reforming state-people <strong>forest</strong> relations through its new National<br />

Forestry Reform Law. A commitment to reforming l<strong>and</strong> relations has also been<br />

made at the highest level of the government, with the expectation that this will<br />

be guided by the investigative <strong>and</strong> planning work of a l<strong>and</strong> commission.<br />

There is also a rare opportunity for progress in that Liberia has valuable <strong>forest</strong><br />

resources but at present it has not granted any long term <strong>forest</strong>ry concessions:<br />

commercial exploitation under improved terms could thus be negotiated without<br />

incurring large scale expenses.<br />

15<br />

photo Tommy Garnett

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