Community Forest Governance in Liberia … an overview of the process Dominic Kweme Organizational Development & Governance Advisor PROSPER, TetraTech ARD/CJPS December 12, 2013

People Rules and Organizations Supporting the Protection of Ecosystem Resources (PROSPER) 3 field offices 10 sites in Nimba & Grand Bassa Counties 16 clan groups 151+ villages ~100,000 hectares Outreach and awareness Education Supporting rule of law Forest management Implementing law Capacity building of responsible institutions Economic development Livelihood initiatives Pictured in slide from left to right are: Chief Bartuah Bartuah, CFMB Chair Yormie Karsiah, Gabriel Gbanlon, District Commissioner and Moses Wogbeh, FDA MD

BACKGROUND CONTEXT: FORESTRY LEGAL FRAMEWORK

The National Forestry Reform Law (2006) Requirement for a National Forest Management Strategy (NFRL §§4.4a-g) Shall classify all lands Specify areas for the 3Cs: Commercial Conservation Community Forestry Any other…

COMMUNITY FORESTS

The NFRL and the Community Rights Law of 2009 Community Forestry: The governance and management of Forest Resources in designated areas by communities for commercial and non-commercial purposes to further their livelihoods and development. NFRL §1.3 Intent of the NFRL & CRL Empower communities to engage in sustainable forest management: prior informed consent Objectives of the CRL Define community and FDA rights and responsibilities of ownership, management, use and benefits Establish informed representation Ownership rights to the forest resources

FMC, TSC v. CFMA: the role of communities Communities are “affected” but do not own the resources Concessions manage the forest Communities automatically receive a portion of land rental fees and production fees Communities sign Social Agreements with concessionaires Communities own the resources Communities manage the forest Communities have the right to negotiate for up to 55% of revenues Communities sign contracts with contractors

Authorized Community Forestry

A nine step process…

A nine step process…

A nine step process…

A nine step process…

A nine step process…

How long does this take????

Step 8: Development of governance structures Extensive outreach & awareness Stakeholder meeting to develop criteria for CA representation Outreach on elections Election in community for CA Selection of Executive Committee Appointment of CFMB

Capacity Building Leadership training Conflict management Financial management Negotiations skills Inventory techniques GPS training

Laws don’t translate into practice Challenges Laws don’t translate into practice Good laws need political will, training and capacity building to implement FDA Capacity Technical support for boundary demarcation, mapping, management planning Training Requirements Limited staff CRL Procedural difficulties CFMB registration Not explicitly covered by VPA Procedural Difficulties: Written by-laws and a constitution required Registration with the Ministry of Foreign Affairs and county level probate Election of Board and requirement of HoR Board member FDA Capacity Community Forestry Division has few staff and fewer resources Technical expertise in geospatial analysis, surveying is not there Resources to mobilise to provide community support are not available $250 application fee does not cover the real cost of FDA time Although it requires a lot of work up front, it leads to stronger institutions. Elite capture and/or weak institutions are potential outcomes. Creating a cadre of forestry professionals that can support the development of these institutions is critical to CF success Lands not covered under the CRL Protected Areas- potential for community collaboration but no clear policy from FDA Private Use permits on fee simple lands (e.g. Public land sale deeds to collectives or Aborigine Land Grant Deeds issued before 1956 How should communities be engaged? Private Use Permits on lands (no fee simple rights) – tribal land certs, Tribal territory deeds) NEED FOR HARMONIZATION OF LAWS RELATED TO LAND.

Participation Procedural Difficulties: Written by-laws and a constitution required Registration with the Ministry of Foreign Affairs and county level probate Election of Board and requirement of HoR Board member FDA Capacity Community Forestry Division has few staff and fewer resources Technical expertise in geospatial analysis, surveying is not there Resources to mobilise to provide community support are not available $250 application fee does not cover the real cost of FDA time Although it requires a lot of work up front, it leads to stronger institutions. Elite capture and/or weak institutions are potential outcomes. Creating a cadre of forestry professionals that can support the development of these institutions is critical to CF success Lands not covered under the CRL Protected Areas- potential for community collaboration but no clear policy from FDA Private Use permits on fee simple lands (e.g. Public land sale deeds to collectives or Aborigine Land Grant Deeds issued before 1956 How should communities be engaged? Private Use Permits on lands (no fee simple rights) – tribal land certs, Tribal territory deeds) NEED FOR HARMONIZATION OF LAWS RELATED TO LAND.

Thank you…. The PROSPER team thanks you for your support. Please contact the following persons or any PROSPER team member: Dominic Kweme, Organizational Development and Governance Advisor dkweme@ard-prosper.com Stephen Reid, Chief of Party sreid@ard-prosper.com Vaneska Litz, DCOP/CF & Land Tenure Lead vlitz@ardinc.com