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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.
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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: 1st draft is completed & is being reviewed in-house. Should be available for wider distribution and discussion early January 2014.
Implementing Community Land Rights • Defining communities • What level? Towns, clans? • Defining & identifying community membership • Demarcating community land boundaries
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.
Management of Community Land • Organizing community land management bodies • Developing community land management by-laws • Constituting a legal entity
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.
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?
