The Land Commission delivered the proposed policy to the President on May 21st 2013.
The New Land Policy is Unenforceable
Please note that the validation of the policy does not render the policy enforceable
Policy validation signifies acceptance of the policy to serve as the basis for future legislation
Four Land Rights Categories
- Public Land
- Government Land
- Customary Land
- Private Land
Basic Principles of Land Rights
The government is responsible for administering and managing land within the territory of Liberia in the public interest.
The government recognizes and protects the land rights of communities, groups, families, and individuals who own, use, and manage their land in accordance with customary practices and norms, as equal to Private Land rights.
Public Land and Government Land
Both Public Land and Government Land categories are owned by the government and are distinguishable based on how the land in question is used.
Government land is used for buildings, projects or activities of the Government. The transfer of government land must abide by strict protection procedures and Government land cannot be granted as a concession.
Public land is owned by the Government, and is not owned by a community or individual, and must be managed in the public interest.
Sale or Lease of Government Land
Before leasing or selling public or government land, the Government is required to inform affected people and communities and must provide opportunity for the affected parties to challenge, prevent, or cancel the sale or lease.
Government Acquisition of Land
Government is required to inform affected people and communities before leasing or selling public or government land and must provide opportunity for the affected parties to challenge, prevent, or cancel the sale or lease.
Customary Land
The right to customary land includes rights of the community as a collective land owner and rights of groups, families and individuals.
Customary and Private Land rights are distinct because, while Private land rights are exercised pursuant to formal law, customary land rights are to be exercised pursuant to formal law and customary norms.
Underlying Principles of Customary Land rights:
- equal protection to private land rights,
- local control and decision making at the most local level practical,
- minimal impact on customary and community practices,
- integration of customary practices into the formal legal framework (when such practices do not conflict with the constitution or national land laws),
- Institutionalization of communities who must create a legal identity establishing a fully representative management to manage land.
Sale of Customary Land
The Land Policy gives Customary Land the full bundle of rights – including a right to sell the land – however, given the risk that the community will be harmed through the sale of Customary land, the Policy creates guidelines for its administration.
Customary land may be granted as concessions – though the Government is responsible for managing concessions on Customary Land in the public interest and in a manner that protects the rights of communities.
Formalization of Community Ownership of Customary Land
The Policy provides that Community ownership of Customary Land will be formalized in a deed to a legal entity, bearing the name of the community, that must be fully representative and accountable to all community members, including women, youth, and minorities.
Any decisions regarding management and transfer of the land must be fully representative and accountable to all community members, or the decision will be prohibited.
Customary land rights of groups, families, and individuals will be decided by the community in a way that is representative and accountable.
Management of Customary Land
Management authority over Customary Land will be vested in community members and their representatives. Such representatives must be selected in a way that is representative and accountable to the community. Decisions about the formal transfer of land are barred until the community has self-defined, been issued a deed, and established a legal entity.
Government Pledges Assistance
The government further pledges its assistance in resolving boundary disputes between communities and its assistance in implementing the Land Policy.
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