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Liberia Land Rights Act Regulations, 2022.

Country
Type of law
Regulation
Source

Abstract
The purpose of these Regulations is to provide for the implementation of the Liberia Land Rights Act of 2018. These Regulations cover the conduct of confirmatory surveys to identify, inventory, map, probate and register the community land claims of communities; the process for communities to set aside as public land; best practices for community negotiations over concessions; dispute resolution and judicial review in respect of community land; and the inventony of government land and harmonization of its boundaries. Under the Regulations "Community Land" means the land owned by a community and used or managed in accordance with customary practices and norms, which may include, but is not limited to residential land, wetlands, communal forestlands, and fallow lands.
Part 1 provides discipline for survey, mapping and registration. Under community self-identification section the Regulations establish criteria for self-identification: the process that shall involve leaders, including women and youth leaders, and what shall cover; criteria for community membership and the manner in which, the conditions for, and the procedure by which Community Membership may be acquired or lost. Part 1 regulates as well identification of community lands: firstly states that each community shall have the right to define the area of its Community Lands in keeping with customs, oral or written history, and locally recognized norms; it then provides grounds for identification (e.g. customary practices and norms based on a minimum period of occupation or use, exercised exclusive possession or continuous use including through farming, hunting, fishing, and other cultural, religious, social and economic activities; by deed, trust, or other title or means of recognition). Moreover in Part 1 concerns determination of community boundaries that can be established by oral testimony of Community Members; maps or other cartographical representations; agreements between communities; or any other confirming document or evidence, including boundary markers and natural monuments. Under Regulation 10 A Community Land Development and Management Committee shall conduct a social mapping exercise of all lands in a community, in a manner that is gender responsive and age sensitive in order to identify the coordinates and the specific economic and socio-cultural uses of the land, and associated rights and responsibilities of Community Members. Then the Authority, in collaboration with a Community Land Development and Management Committee, shall conduct a Confirmatory Survey and Mapping exercise for all Community Lands in order to confirm the community social mapping and geographic exercises conducted by communities under Regulation 10. Regulations 12 and 13 concerns Investigation, Probating, Registration and Deeding. These Regulations also require that within six months of the coming into force of these Regulations, the Authority shall issue detailed Guidelines, supported by an Action Plan and Budget, for the submission and validation of Tribal Certificates. The section Governance, Management and Administration regulates communities by-laws process, requires community members of each community to establish a Community Land Development and Management Committee in its by-laws as the highest-decision making body of a community in respect of land and provides for functions and powers. Land Use and Management functions are allocated to the Community Land Development and Management Committee. these include allocating land, ensuring that all Community Members have equal rights and access to the use and management, providing the procedure by which land use may be changed, and reserving land as Community Public Land. Categories of Community Land Use are listed: Community Agricultural Lands, Community Forest Lands, Community Mining Lands, Community Protected Lands, Community Cultural Shrines and Heritage Sites, Community Residential Areas and Commercial Areas. A Community Land Development and Management Committee shall at all times liaise with the community acting collectively and all relevant governmental entities 'involved in-the grant of concessions for any information related to their Community Land, in addition shall negotiate on behalf of the community an agreement with the concessionaire which shall include the free, prior and informed consent of the community; the objectives of the concession, etc. A community affected by the undertakings of a concessionaire shall be entitled to prompt, fair and adequate compensation from the concessionaire. The Part ends providing for dispute resolution, judicial review, and appeals in respect of community lands including establishment of Dispute Resolution subcommittee.
Part III concerns inventory of government lands, identification, survey, investigation, probating, registration and deeding.
Date of text
Repealed
No
Serial Imprint
Liberia Official Gazette, Tuesday, November 15, 2022, Volume XXII, No. 57.
Source language

English

Legislation Amendment
No
Implements