Eritrea & Liberia

Land Tenure

Contents

Part I: Comparison & Contrast Part II: Demographic Challenges Part III: Technical Challenges

Comparison of Eritrea and Liberia

Old Land Ownership System & New ProblemsEritrea

The degree of Integration of customary landownership system to the formal one depends on social structure of the society from social point of view and its effectiveness the increment of production economically against growing population and change of demography.

According the new Land proclamation of Eritrea(1994) all land belongs to the State. This ends an ages old practice of communal ownership of land by villages (common in the highlands) and Private ownership through inheritance (among agro-pastoralists of Western lowlands).

In Eritrea, the traditional communal ownership despite many positive sides failed to be the right system to turn to for the questions of growing population within the villages, large number of refugee returnees from Sudan and resettlement of ex-combatants.

Prior to independence, mid 1970s, there were certain changes made by EPLF (today’s ruling party) concerning landownership and role of village elders who were in charge of distributing land to residents periodically. Then, while existing communal landownership encouraged the actors who run distribution lost their position gradually and was replaced by elected village committees. So the system became more inclusive.

There were no opposition to these reforms, because the communal ownership was relatively the most fair system of land distribution at the time and role of village chiefs was as such very important in Eritrean community as it is in West Africa.

Successive colonials introduced land policies but the policies were remained largely on paper. In some cases, colonials failed to penetrate deep in to the community and break the social arrangement in others policies were met by stiff opposition.

Old Land Ownership System & New ProblemsEritrea

In the case of the lowlands, land is abundant, more cultivable not only for household farming but for large scale mechanized agriculture through irrigation scheme ( one of the goals of the new Land Reform). So more economic value has been given to this land since long ago. It is more controversial too, largely because it is resided by seasonal pastoralists and ago pastoralists in which borders and landownership system is vague for everyone but the owners.

Italian colonials had a plan to use the same land for mechanized agriculture mainly for growing cash crops. From the legal point of view these lands were ‘’unused lands’’ and belong to the state under the then

imposed land policy. Land has to be appropriated from the pastoralists, and be distributed to landless, leased to investors and large

scale mechanized farming introduced which in turn will help the country secure food for the population and as a means of getting hard currency by exporting cash crops.

Legally these individuals and societies whose land has been expropriated should be compensated but no clear guidelines especially on the case of pastoralists.

The ineffectiveness of customary ownership of land, the absence of a chieftainship system, the relative egalitarian nature of the Eritrean social structure and the absence of ethnicity issues will give government more of an authority to enact the policy. Though this will have its own costs. Due to computing and conflicting interests between different modes of production.

Old Land Ownership System & New ProblemsLiberia

As any African country, Liberia too has a customary land ownership system among other lease hold and private ownership.

Customary ownership is prevalent in the hinterlands, a clan represented by a chief owns land

Private ownership i.e.- Deed holding mainly introduced during resettlement of freed slaves from America(1982s) Land is held in fee simple

Concessions for access of natural resource exploitation Land issue has been an inherent problem since the inception of the republic in early

17th century and are continuing till this day. Settlers encroaching to hinterland taking land owned by the indigenous Africans Interethnic clashes and resentment of land allotment system by certain social

groups as youth. Problems in the private ownership system. No clear boundaries Concessions – Ill managed, thousands hectors were held which can be used in any

purpose which suits the investor contrasting the terms of contract which are specific in their nature upon what resource have to be exploited. Besides, large plots of land, which are held under concessions, were either unused or underdeveloped.

Old Land Ownership System & New ProblemsLiberia

Lack of clear ownership of lands, vague boundaries, and ineffectiveness of customary land system was inherent problem of Liberia and these problems were exacerbated by the 16 years civil war.

Government Legal solutions:

1986 Constitution (article 22) states that citizens of Liberia can own land privately but that rights don’t extend to the rights of exploitation of natural resources. And the ownership system especially in the rural areas will coexist. So the institution of strong chieftainships will continue to be a strong institution, which will have a say on laws concerning ownership and access to land, but in some cases government can be overpowered. Or even rights under both systems might overlap.

In Liberia securing peace by dealing with the issues of ex-combatants, growing number of landless youth, squatters, refugees introducing a suitable landownership system are a big challenge. Even more challenge if the state turn to the traditional system, which is not inclusive to certain part of the society. There are certain steps taken by current government as introducing of land concession laws of 2006.

Strong chieftaincy and marrying the formal landownership system to the traditional system, is more inclusive and improves social cohesion. But it will also limit the power of the state to act on its own

when taking decisive measures on land issues.

Part II: Demographic Challenges

What are the obstacles to the implementation of the reforms in real life?

EritreaGender Analysis• Most women have not benefited much from reform.

– Giving land in the name of the head of the household - many women do not have decision making power at the household level.

– Women do not have labor needed to cultivate the land. Needs supplementation by credit for hiring labor and buying seeds.

Territorial Analysis• Destruction of urban/rural infrastructures, degradation of soil in

highlands and virtual disappearance of herds among lowland peoples.– New land policies overlook the condition of the lowlands.

– New law endorses de facto situation, no innovative developments designed for migrant herders.

What are the obstacles to the implementation of the reforms in real life?

LiberiaTerritorial Analysis

Tribal Reserve Law not respected, inability of MoA to manage.

Tribal land claimed by outsiders, disenfranchisement. Settlers encroaching hinterland, taking land of indigenous. Private ownership system - no clear boundaries. Concessions ill managed, hectors held for use in any

purpose which suits the investor.Ethnic Analysis

Divisions b/t Americo-Liberians, indigenous Liberians, Muslim–Christian, and tribalism emphasized, with Mandingo ethnic group. Whether the Mandingos are citizens and able to claim, own, and

occupy land. Possession claims via statutory law by Mandingos.

How do these obstacles affect economic growth?

Eritrea Limited capacity to triumph in the clash with customary systems -

economic inefficiency, social unrest, environmental degradation, and underdevelopment.

Unfavorable attitude toward communal property but efficient land management can be obtained through renovation of traditional institutions.

Recommendations: Need more cooperative attitude toward existing social structures. Land

accessible to women farmers should be accompanied by provision of credit for hiring labor and buying seeds or through other mechanisms that can solve women's shortage of labor and resources.

How do these obstacles affect economic growth?

LiberiaIncome-generating opportunities are limited as a result of the conflict: Narrow economic base, Disruption in local farming and trading

systems, Loss of personal assets, Breakdown in social capital. Income poverty, Impaired human development. Unemployment rate

85% .

Recommendations: New land and property laws should pursue a connection with

customary forms of land tenure, in terms of resolutions, concessions. Cooperation with customary law offers free good by government—an

administrative structure already located in rural Liberia at no cost to the state.

Marrying formal landownership system to traditional system improves social cohesion. Will limit power of the state to act on its own when taking decisive measures.

Part III: Technical Challenges

Technical Challenges

What are the obstacles to the land reforms?

What are the obstacles to the land reforms?

How do the obstacles affect economic

growth?

How do the obstacles affect economic

growth?

Technical Challenges in Eritrea

Obstacles• Unrealistic policies• Lack of credibility• Lack of clarity

Obstacles• Unrealistic policies• Lack of credibility• Lack of clarity

Outcomes• Food production interrupted/ hampered• Food/ household insecurity

Outcomes• Food production interrupted/ hampered• Food/ household insecurity

•Land scarcity ’waiting’ for land allocation food insecurity•Blindness to land quality allocation of poor land food insecurity•Financial constraints of the land administration insufficient checks and balances unfair land allocation food production hampered •Redefinition of village boundaries land disputes involving violence food production interrupted•No definition of urban or rural land loss of land rights in peri-urban areas food production hampered/ household insecurity

Technical Challenges in Liberia

Obstacles• Lack of clarity• Lack of credibility• Distrust in society

Obstacles• Lack of clarity• Lack of credibility• Distrust in society

Outcomes•Unutilized/ underutilized land•Short-term investments

Outcomes•Unutilized/ underutilized land•Short-term investments

• No definition for ‘city’, ‘clan’, ‘public land’, ‘aboriginal land’ etc. fraudulent land deeds insecurity of claim, residence, food supply short-term investments

• Claims to land by tree crops (a customary notion of land right) landlords forbid tenants to plant trees unutilized/ underutilized land

• Multiple land sales land insecurity short-term investments• Lack of confidence in the court and strangers land withheld by chiefs

unutilized land