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

Abstract
State/people forest relations are at a turning point in Liberia. Depending upon
decisions made in the near future, including by the legislature, there could be a
move towards reform or into crisis. The crux of the issue is property rights and
how the interests of rural Liberians are treated in law and in practice. Central to
both the problem and the solution is the status of customary land tenure.
This paper makes an investigative journey, tracking down what happened to the
rights indigenous Liberians have to their lands and the valuable forests that grow
on them. The driving purpose is the commitment of the Liberian Government
to put a community rights law to the legislature in 2007 and the acknowledged
need for forest tenure issues to be thoroughly addressed in such legislation. This
links to new political commitment to reform both land ownership and local
government regimes, upon which good governance ultimately rests.
This study looks back at the treatment of customary land tenure over the
century-long process of forming the modern Liberian State. Through fieldwork,
the study identifies customary property norms as operating today. The results
are surprising. The study finds that colonial policy with regard to indigenous
land interests was uncharacteristically benign in Liberia, as was the imposition
of indirect rule. Together these have created a foundation upon which democratic
land relations may be rebuilt.
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There is also genuine vibrancy and life in collective norms of customary tenure,
which is closely linked to the role of forestland in the rural economy. Interference
in customary property rights is found to have been severe but recent.
Favourable conditions for remedying the situation exist. These include a body
of legal precedent and registration practice, which includes rather than excludes
collective entitlement. Remedial rather than radical action is required. The
hope for a solution to these problems is increased by the willingness of the postconflict
administration to right injustices and to put aside concern about the
incompatibility of good governance, resource conservation, economic growth,
and honouring majority land rights. Practical steps for moving forward are
suggested. Much rests on the proposed community rights law. Suggestions for
its content are given.