1. Land Tenure, Natural Resource Management & Conflict
Case Studies from Nimba County
Vaneska Litz
Deputy Chief of Party, PROSPER
Tetra Tech ARD

2. USAID Community Forestry Programming in Liberia
Background
USAID Community Forestry Programming in Liberia
USAID-funded project to assist Government of Liberia to develop and apply a “community forestry framework”; 3+year pilot initiative that ended in October 2011
Field activities in four pilot communities (Nimba & Sinoe Counties) & worked closely with FDA and Land Commission
Activities continued with USFS/USAID support through May 2012 (LFSP) in Nimba County
PROSPER project awarded in May 2012: a five-year (ca ) project that will continue to support the expansion of sustainable forest management and CF in Liberia through education and improvements to human, legal, regulatory and institutional capacities

3. Case Study Locations

4. Environmental Context of Northern Nimba County
Nimba Mountain Complex straddles the border between Ivory Coast, Guinea, and Liberia
Biodiversity Hotspot & World Heritage site (except Liberia)
Significant biodiversity including:
>2000 plant species
500+ animals including
endangered species
Grasslands
Primary forests
Primary Threats
Farming
Hunting
Mining
The Nimba Mountains were established as a nature reserve in 1943 in Cote d'Ivoire, and in 1944 in Guinea. The nature reserve on the Cote d'Ivoire side is a "foret classee", under national ownership. The Guinea portion of the massif was accepted as a biosphere reserve in 1980, consisting of 17,130 ha. Both reserves now form a World Heritage Site, gazetted in 1981 for Guinea and in 1982 for Cote d'Ivoire.
A home for more plants than anywhere else in the world and over 500 types of animals
The Nimba Mountains are cut up by deep, richly forested valleys. There is great topographical diversity, with valleys, plateaux, rounded hilltops, rocky peaks, abrupt cliffs and bare granite blocks, and the whole area constitutes a vast water catchment.
The Nimba Mountains have attracted the interest of scientists, including geographers, geologists, soil experts, botanists, zoologists and other specialists ever since the late 1930's
The Nimba Mountains are characterized by evergreen forest of medium altitude (Guillaumet & Adjanohoun, 1971). The region below 800 m is entirely covered by primary tropical forest and, above 800 m, where the mountain becomes steeper, the vegetation is interspersed with montane forest and patches of high terrestrial herbaceous vegetation and savanna. Thus, there are three vegetation types which dominate the Nimba mountains (WCMC, 1982): 1) High altitude grassland near the summit and woody plants on the slopes, which are absent from the ridges; interspersed with patches of montane forest, dominated by Myrtaceae species, and Marantaceae and Zingiberaceae growth. 2) Savanna and 3) Predominantly primary forest, located mainly on the foothills
More than 2,000 plant species have been described from the Nimba region, and about 16 are thought to be endemic (Adam, ). The area has, as a result, been identified as a center of plant diversity under the IUCN-WWF Plants Conservation Program (IUCN/WWF, 1988).

5. Case Study Locations

6. The Forestry Legal Framework in Liberia
Communal land tenure rights are enshrined in past and current law and some instruments have conveyed fee simple ownership rights to land to communities
Aborigines Deeds ( )
Public Land Sale Deeds ( moratorium)
Communal rights representation remains an issue except with regard to forestry because of the Community Rights Law (CRL)
Who represents the community
To whom do rights descend?
The Community Rights Law
classifies deeded forestland as community forestland
provides limited forest management and use rights for undeeded communal lands (15 years)
Communal forestry rights may be in conflict with other laws/interests (e.g. concessions)
Describe in brief the interaction b/w the CFMB and the Bleih Mountain Resourcecs Company – Communities understand that this is AML concession, that they have management and use rights; stopped them from entering the forest, reported to the DC and levied a fine

7. Statutory Context
Forestry Development Authority (FDA) regulates forest use & mgmt
National Forestry Reform Law (2006)
State forests
Protected Areas
Community Forests
Private Forests
Community Rights Law
Community Forests considered both statutory and customary
Regulates commercial use of forests by communities

8. The East Nimba Nature reserve
Case Study #1
The East Nimba Nature reserve

9. Customary – Statutory Land Tenure Interface
Customary Land Claims*
Zor Clan
Gba Clan
East Nimba Nature Reserve (ENNR)
Created in 2003
“Strict” Nature Reserve
FDA “managed”
Gba
Zor
* No deeded claims in case study area

10. Contractual land rights*
Arcelor Mittal Liberia
Mineral Development Agreement
25 years
Environmental offset
Negotiated rights not subject to some Liberian law
Have the right to mine in the ENNR; have not exercised to date
AML
* Boundaries are approximate

11. Interests and Positions – FDA and AML
“Strict” Nature Reserve
Communities do not respect the law
Arcelor Mittal Liberia
Environmental offset
Have the right to mine in the ENNR; not exercised

12. Interests and Positions – Zor Community
This is “our” land; Gba only have user rights
FDA did not consult
FDA needs to cooperate with the Zor to enforce regs
Want access, use & mgmt rights to the ENNR

13. Interests and Positions – Gba Community
This is “our” land; given by the Zor
FDA did not consult
FDA needs to cooperate with the Gba to enforce regs
Want access, use & mgmt rights to the ENNR

14. Case Study #2
The West Nimba Forest

15. Customary – Statutory Land Tenure Interface
West Nimba State Forest (FDA)
Highly degraded
Unmanaged
Encroachment from Guinea
Not recognized by Ministry of Lands
Proposed Protected Area (conservation NGO/FDA)
Significant biodiversity
Going quickly

16. Customary – Contractual Land Tenure Interface
Gba Community
Customary land
Requested community forest status
AML
Minerals Development Agreement
Right to mine
Right to exclude in operating areas
Right to relocate

17. Interests and Positions – FDA and ENGO
FDA Community Department
Some management better than no management
FDA Conservation Department & ENGO
Expand protected area system
Communities lack management capacity
Access AML offset $$

18. Interests and Positions - Community
Gba Community
Want customary rights acknowledged; access, use & mgmt rights
Want to co-manage the forest as a community forest
Need support for conservation and alternative livelihoods

19. Interests and Positions - AML
Arcelor Mittal Liberia
Want good relations with the community
Must mitigate damage to environment
Need to put in place a conservation offset
Need to exclude people from operational areas
May need to expand operations

20. What Stances should be Taken by Different Actors?
Assignment
What Stances should be Taken by Different Actors?
Group # 1: Government Agencies?
Group # 2: Non-Governmental Organizations and Private Sector?
Group # 3: Rural Communities?
Break up into three groups to discuss what stances each stakeholder group might propose in response to the complex and conflictual tenure situation in North Nimba County. Report back to plenary.

21. East Nimba Nature Reserve (ENNR)
Joint Forest Management Committee
Zor/Gba and FDA
Community forest estb’d
ENNR Boundary redrawn
Conservation Agreement
in development
Supported by CI
FFI
AML

22. West Nimba Community Forest

23. Despite Overlapping Tenure Claims
Northern Nimba Today
Despite Overlapping Tenure Claims
AML
Communities
FDA
Conservation International
Fauna and Flora International
Local government are engaged in:
Landscape level planning & cooperation
Developing a Conservation Agreement

24. But… Individual interests may prevail because of overlapping claims
FDA
AML
Communities
Other concessions
CI/FFI

25. Challenges remain….
“the forests that we agreed to set aside as community forests for conservation purposes have all been awarded to mining companies for exploration purposes,” he said. “We want the government to define or draw a clear line between conservation and concession because we continue to see companies coming with licenses to carry out exploration in those forests set aside by us and the Forestry Development Authority (FDA)”
- Saye Thompson, JCFMB Chairperson
Describe in brief the interaction b/w the CFMB and the Bleih Mountain Resourcecs Company – Communities understand that this is AML concession, that they have management and use rights; stopped them from entering the forest, reported to the DC and levied a fine

26. Beyond Nimba, challenges remain….
Lack of government coordination results in overlapping claims
Private Use Permits
Issued without regard to the CRL
Issued on forests that should be classified as community forests
Agriculture concessions
Overlap between deeded, customary & contractual claims
Powerful interests, e.g. Golden Veroleum
Mining Concessions
Overlap deeded, customary and contractual claims
Originate in the MLME
Describe in brief the interaction b/w the CFMB and the Bleih Mountain Resourcecs Company – Communities understand that this is AML concession, that they have management and use rights; stopped them from entering the forest, reported to the DC and levied a fine

27. Lessons Learned from Northern Nimba County
Learn the Tenure Situation: Successful NRM in Liberia requires understanding tenure rights and claims
Coordination between Government Agencies is Key: Need for coordination between government ministries dealing with land issues
Tenure Confusions Contribute to Conflict: Rural land tenure issues have the potential to create serious conflict and instability
Conflicts of Interest between Ministries Requires New Institutions: Conflicts of interest between ministerial interests may require a “Land Institute” to address competing uses and claims to land
Describe in brief the interaction b/w the CFMB and the Bleih Mountain Resourcecs Company – Communities understand that this is AML concession, that they have management and use rights; stopped them from entering the forest, reported to the DC and levied a fine