2008年-世界发展银行全球_Insecurity_of_Land_Tenure_Land_Law_and_Land_Registration_in_Liberia_134页_10mb

Summary of Land Tenure, Land Law and Land Registration in Liberia

Core Content

This report, prepared by the World Bank, examines the land tenure, land law, and land registration systems in Liberia, focusing on the challenges and opportunities for reform. It outlines the historical context, legal framework, administrative systems, and key problems affecting land security and management in the country.

Main Issues

1. Weak Land Tenure Security

• Land tenure security in Liberia is weak to non-existent.
• Legal distinctions between public and tribal lands are unclear, causing tensions between the government and traditional communities.
• Abandoned properties due to the civil war have been occupied by squatters, who may claim adverse possession.
• The old deed registration system is outdated and incomplete, leading to widespread fraud and difficulty in tracking land sales.
• The court system is overwhelmed by land disputes, which have increased due to the lack of clear land records and the war's aftermath.

2. Dual Legal Systems

• Liberia has a civil law system (based on American common law) and a customary law system (recognized by the Constitution).
• The civil law applies to settler areas and is considered more secure, but it has outdated provisions that disadvantage indigenous populations.
• Customary law governs the interior and is poorly documented, leading to ambiguity and lack of recognition in legal proceedings.

3. Fragmented Land Administration

• Land administration is fragmented among several state agencies without a central coordinating body.
• The Ministry of Lands, Mines and Energy (MLME) is the primary institution, but it is overburdened with other responsibilities.
• The Department of Land Surveys and Cartography is in a poor state, with no electricity, inadequate furniture, and no technical equipment.
• There is no functional cadastral system or land information system in Liberia, which is essential for effective land management.

4. Land Dispute Resolution

• Land disputes are rampant, fueled by the war's impact and the lack of clear legal documentation.
• The court system is unable to handle the volume and complexity of these disputes efficiently.

Key Recommendations

1. Formation of a Land Commission

• A Land Commission should be established to lead the reform process.
• The commission should be inclusive, representing all stakeholders, and include a strong secretariat and public consultation mechanisms.
• It should be responsible for developing a national land policy and a new comprehensive land law.

2. Rapid Remediation Measures

• Moratorium on new land deeds and sales of large tracts until transparent guidelines and limits on public land sales are in place.
• Review and reform of agricultural concessions, focusing on smaller, more sustainable models that rely on outgrowers.
• Urgent legislation to establish the Land Commission.
• Restructure the Department of Lands, Surveys and Cartography to improve its capacity and reduce fraud.
• Donor-assisted intervention to develop a national land administration project addressing long-term issues.

3. Reform of Land Law

• The 1956 Public Lands Law and other related statutes need to be reviewed and updated.
• The customary land tenure system should be integrated into the national land law to enhance security and equity.
• There is a need to reassess the constitutional prohibition on foreign land ownership and to ensure that indigenous communities are not disadvantaged.

4. Improving Land Registration and Deed Systems

• The Land Registration System (established in 1974) is more modern but has not been fully implemented.
• The Deeds Registration System is in disarray, requiring urgent rehabilitation and digitization.
• There is a need for simplification of deed registration processes and clearer guidance for field staff.

5. Capacity Building

• There is a significant lack of capacity in land administration agencies.
• A national land information system should be developed, integrating land, fiscal, and mineral data.
• Decentralization of key land decisions should be pursued to improve local governance and responsiveness.

Opportunities for Development Partners

• Financial support for the Land Commission and land administration projects is critical.
• Donor-assisted initiatives should focus on both immediate and long-term reforms, including:
  • Land titling and registration
  • Capacity building for land institutions
  • Legal reforms to align with current social and economic values
  • Support for a national land policy and comprehensive land law

Conclusion

The report emphasizes the need for a comprehensive, inclusive, and transparent land reform strategy to restore land tenure security, improve legal frameworks, and enhance land administration in Liberia. It calls for the establishment of a Land Commission, reform of land laws, and the development of a national land information system to support sustainable development and reduce social conflicts.