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

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Introduction<br />

2 Implementation<br />

The study has been limited in scope <strong>and</strong> time. Only <strong>customary</strong> tenure directly<br />

relevant to <strong>forest</strong> <strong>ownership</strong> has been thoroughly covered. Several trips have<br />

been made by the author, initially to design <strong>and</strong> test field studies, largely implemented<br />

by resident SDI staff. 4<br />

The legal status of property interests is pivotal to l<strong>and</strong> relations past <strong>and</strong> present.<br />

Much difficulty was encountered finding <strong>and</strong> analysing the law. As the new<br />

Minister of Justice has observed, it is not just the war which has caused documents<br />

to be difficult to access or confusion as to their status to reign, but also past<br />

systemic failures in the justice service. 5 L<strong>and</strong> deed information is known to exist<br />

in several archives but is hard to access, as well as remaining essentially uncatalogued.<br />

6 Relevant scholarship on the subject of tenure in Liberia is minimal. 7<br />

Fieldwork with <strong>customary</strong> l<strong>and</strong>holders in 37 villages proved more straightforward.<br />

However this was limited to small study areas in five of Liberia’s fifteen<br />

administrative counties (map 4, page 16). Although similar as clusters of related<br />

villages, three of these areas are administratively defined as ‘clan areas’ while<br />

two are defined as ‘chiefdoms’. The selection of counties was made with a bias<br />

towards <strong>forest</strong>ed areas, but spread geographically to ensure coverage of coastal<br />

<strong>and</strong> hinterl<strong>and</strong> zones, to sample main ethno-linguistic differences <strong>and</strong> different<br />

levels of population density <strong>and</strong> permanent tree crop farming. Map 5, page 16,<br />

illustrates population density in 2004. Table 1, page 52, provides an overview of<br />

selected counties against the above criteria.<br />

51<br />

4 Led by Dr. Sam Koffa, an experienced social <strong>forest</strong>er, <strong>and</strong> ably assisted by Zlenyonoh Tarlue, Jonathan<br />

Yiah <strong>and</strong> Trokon Brown, with additional inputs examining court disputes by Dr. Lofen Keneah, a part-time<br />

legal adviser to SDI.<br />

5 Banks 2006.<br />

6 Variously held in the Ministry of Foreign Affairs, the National Archives <strong>and</strong> the President’s Mansion, the<br />

last due to the fact that original title deeds are signed by the President.<br />

7 Even a detailed profile on tenure was able to cite only one or two studies (Knox 1998).

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