OGP Openness in Natural Resources Working Group 1

Background to Suggested National Action Plan (NAP) Commitments:

The Openness in Natural Resources Working Group has made a number of proposals for

Natural Resource commitments to the Liberian Government in the area of land and natural

resources. It has been clearly articulated by many experts1 that for the first time in Liberia’s

history a major milestone was achieved with the passage of the first ever Lands Right Policy in

Liberia’s history in 2013. This policy for the first time recognizes customary land rights

ownership and sets out an ambitious program of reform. We believe that OGP can serve as a

platform to boast opportunities for effective implementation of this policy in the areas of

transparency and public participation consistent with the goals of OGP. In addition we believe

that these commitments have the potential to have transformative outcomes as well as build on ongoing national and international priorities including the achievement of the Sustainable

Development Goals2.

1http://www.sdiliberia.org/sites/default/files/publications/Liberia%27s%20Land%20Rights%20Policy%202013_0.p

df ; http://www.gltn.net/index.php/our-news/gltn-news/243-liberia-s-first-land-rights-policy-presented-to-the-government 2 This commitment would additionally work to further the following sections of the upcoming Sustainable Development Goals:

12.2 - By 2030, achieve the sustainable management and efficient use of natural resources

12.8 - By 2030, ensure that people everywhere have the relevant information and awareness for sustainable development and

lifestyles in harmony with nature

6.6 - By 2020, protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes

12.2 - By 2030, achieve the sustainable management and efficient use of natural resources

12.8 - By 2030, ensure that people everywhere have the relevant information and awareness for sustainable development and

lifestyles in harmony with nature

15.2 - By 2020, promote the implementation of sustainable management of all types of forests, halt deforestation, restore

degraded forests, and increase afforestation and reforestation globally

15.4 - By 2030, ensure the conservation of mountain ecosystems, including their biodiversity, in order to enhance their capacity

to provide benefits that are essential for sustainable development

Liberia Suggestions from the Openness in Natural Resources Working Group

OGP Openness in Natural Resources Working Group 2

Commitment 1: Make accessible to the public information on proposed

reforms in the land and natural resources sector.

The working group has recognized the good practices and guidelines laid by the Liberian Land

Commission’s Land Rights Policy of 2013, particularly in regards to its participatory and

inclusive development. We suggest adopting a similar process of consultation for

implementation of these upcoming reforms in the land and natural resources sector; ones

which value the approach taken in the design of the policy and “will help ensure that in the

future Liberia’s land sector is orderly, just, and contributes to economic growth and

development for all Liberians.”

In addition to adequate consultation, the working group would like to see more thorough

publication and access to recently passed natural resource laws, such as the Petroleum Law

passed in December 2015 which is difficult to find and often still published in its 2002 version.

Suggested details:

Carry out a broad consultation process on all land or natural resource reforms

Record the policy discussions with transcripts or memoranda

Ensure consistency with the consultative process for the Land Rights Policy of 2013

Publish all natural resource reforms in a centralized location (perhaps the Open Data

portal from the Technology & Innovation thematic area of the new NAP)

Suggested performance indicators:

The number of people consulted

The number of communities, companies, or agencies consulted

The number of counties consulted

The number of transcripts or memoranda prepared

Liberian Agencies:

Land Commission

The commission plays a lead in the implementation of the Land Rights Policy and should take a

lead in ensuring implementation of this commitment.

Contact: Dr. Cecil T.O. Brandy, Chairman of the Land Commission

Website: http://www.landlib.org/

Law Reform Commission

One of its functions is to “Compile research and undertake the examination of particular

branches of the law and the formulation of proposals for their reform.” This includes land and

natural resource reform.

Contact: Jallah Barbu, Chairman

Website: http://liblrc.org/

OGP Openness in Natural Resources Working Group 3

Governance Commission (GC)

The Governance Commission is Liberia's premier governance reform institution that

researches and consults Liberians on governance issues, recommending policy and institutional

reforms

Website: https://www.facebook.com/TheGovernanceCommission

Additional References:

A review of Liberia’s successful community consultation practices -

http://pubs.iied.org/pdfs/G03832.pdf

Land Rights Policy of 2013 -

http://www.sdiliberia.org/sites/default/files/publications/Liberia's%20Land%20Rights%20Policy%2

02013_0.pdf

Consultation with other OGP governments on land commitments:

For additional counsel and knowledge exchange, other OGP governments which are

implementing (or have implemented) a similar commitment can be contacted.

Indonesia

Commitment Group 3 – Accelerate Open and Good Governance Practices in Land Affairs

National Land Agency

Commitment 2. Ensure that material information on commercial land

use rights is made publicly available

The working group recognizes the work that has been done to create the LEITI in Liberia and

the important steps that have been made to achieve progress. The Group has identified areas

which can benefit from further disclosure in the realm of commercial land use. These are a set

of rather specific suggestions which address natural resource transparency gaps in Liberia

identified as important.

Suggested details:

Publish information on land (hectares) for each commercial land use right

Publish an accurate map of each commercial land use location via a map-based web

platform, in addition to providing hard copies of proposed land-use allocations to

affected populations who do not have access to the internet

Disclose whether a commercial operator has the right to expand their area of

operations, whether that right is being exercised, and the location of those expansions

Publish contract between the state and the concessionaire, and other documents

including: annual volume of resources allowed for extraction, permits, and obligations.

OGP Openness in Natural Resources Working Group 4

All material information is publicly disclosed before a commercial use right is awarded

by the government

Suggested performance indicators:

Percentage of commercial land allocations with accurate land use maps posted on LEITI

website and map-based web platforms

Percentage of new commercial land use allocations which publish the above information

before the allocation is granted

The number of workshops and sensitization activities held

Lead Liberian Agencies:

LEITI

The LEITI should be leading this project, hosting the information on its website, and be in

consultation with the following agencies regarding their relevant specialties and sectors:

Land Commission

All future reforms to land and natural resource issues should be cross checked by the

commission to ensure that they fit into the framework of its Land Rights Policy.

Contact: Dr. Cecil T.O. Brandy, Chairman of the Land Commission

Website: http://www.landlib.org/

Forest Development Authority (FDA)

Forestry is commercial land use, and is covered by the LEITI.

Collaboration with the Department of Commercial and the Legality Verification Department.

Website: http://www.fda.gov.lr/

Ministry of Agriculture

Agriculture is commercial land use, and is covered by the LEITI

Contact: FLORENCE A. CHENOWETH, Ph.D.

Email: Florencetonia@yahoo.com, Chenoweth@bascom.wisc.edu

Phone Number: 0886-430-429

Website: http://www.moaliberia.org/

Ministry of Mines & Energy

Mining is commercial land use, and is covered by the LEITI

Collaboration with the Bureau of Lands and Surveys

Potential Funders:

USAID

World Bank

OGP Openness in Natural Resources Working Group 5

Consultation with other OGP governments on land commitments:

For additional counsel and knowledge exchange, other OGP governments which are

implementing (or have implemented) a similar commitment can be contacted.

Brazil

Commitment 1.9 - Development of tools for increasing transparency and enhancing Land

Governance

Ministry of Agrarian Development

Tanzania

Commitment 4.4 Make land use plan, ownership and demarcated areas for large scale land deals

accessible online for public use by June 2016

(Ministry not listed)

Commitment 3. Adhere to public consultation and notice

requirements prior to acquiring or transferring public or government

land or its associated resources, as set forth in national policies and

laws.

The working group again recognizes the good practices set forth by Liberia in its Land Rights

Act, and Land Rights Policy of 2013. The Land Rights Policy is transformative and recognizes

new rules for acquisition and sale of public lands. The new policy recognizes a competitive

bidding process and requirements to inform individuals, private entities, and communities

likely to be affected such that they are given a reasonable period of time to review the sale or

lease. The policy recommendations need of course to be translated into regulations and rules

which are binding and have the force of law.

Suggested details:

Pass regulations to regulate the process of consultation outlined in the Land Rights

Policy of 2013

Suggested performance indicators:

Passage of rules or regulations

Percentage of public or government land transactions which adhere to an adequate

consultation policy

OGP Openness in Natural Resources Working Group 6

Suggested implementation partners:

Liberian Agencies:

Land Commission (or future land authority)

The commission should be tasked with the undertaking of this commitment, and do

so with the assistance of the other agencies listed below

Contact: Dr. Cecil T.O. Brandy, Chairman of the Land Commission

Website: http://www.landlib.org/

Forest Development Authority (FDA)

Website: http://www.fda.gov.lr/

Ministry of Agriculture

Website: http://www.moaliberia.org/

Ministry of Mines & Energy

National Investment Commission

http://www.investliberia.gov.lr/

National Bureau of Concessions

Potential Funders:

USAID

World Bank

OGP Openness in Natural Resources Working Group 7

Commitment 4. Conduct a baseline assessment of Liberia’s land

governance framework

Land Governance Assessment Frameworks have been recognized internationally as a diagnostic

tool to help evaluate “the legal framework, policies, and practices regarding land governance

and to monitor improvement over time”3. We recommend that Liberia commit to doing a

baseline assessment using an internationally recognized framework.

Suggested details:

Conduct the assessment via an internationally recognized framework of best practices

Suggested performance indicators - The baseline would include assessments of:

Clear land policy developed in a participatory manner

Regular and public reports indicating progress in policy implementation

Land use plans (and changes to them) are based on public input

Transparency in valuing property for tax purposes

Complete recording of publicly held land

Inventory of public land is accessible to the public

Key information on land concessions is accessible to the public

Openness of public land transactions

Searchability of the land registry

Accessibility of records in the land registry

Response time to requests made for records in the land registry

Schedule of fees is publicly available

Informal payments are discouraged

Public institutions in land acquisition operate in a clear and consistent manner

Suggested implementation partners:

Liberian Agencies:

Land Commission (or future land authority)

The commission should be tasked with the undertaking of this commitment, and do

so with the assistance of the other agencies listed below

Contact: Dr. Cecil T.O. Brandy, Chairman of the Land Commission

Website: http://www.landlib.org/

3

https://openknowledge.worldbank.org/bitstream/handle/10986/2376/657430PUB0EPI1065724B09780821387580.pdf?sequence=1

OGP Openness in Natural Resources Working Group 8

Forest Development Authority (FDA)

Website: http://www.fda.gov.lr/

Ministry of Agriculture

Website: http://www.moaliberia.org/

Ministry of Lands, Mines & Energy

National Investment Commission

Website: http://www.investliberia.gov.lr/

National Bureau of Concessions

Center for National Documents and Records

Website: http://www.cndra.gov.lr/

Ministry of Justice

Monrovia City Corporation

Website: https://monroviacitycorporation.wordpress.com/

Potential funders or baseline administrators:

World Bank

Commitment 5. GOL provides timely access to documents of social and

environmental nature for all uses of public land in the oil, mining, timber, or

agriculture sectors.

According to section 6 of the EPA’s 2003 charter (and subsequent revisions) no mining or

logging operation is permitted to be set up without an preliminary Environmental & Social

Impact Assessment (ESIA), and an Environmental and Social Management Plan (ESMP) including

the period after the working life of the extraction. The working group has recognized the

intention of the EPA to publish these documents in a centralized place which could be accessed

by citizens, civil society groups, and other government agencies. Unfortunately, these

documents have yet to be published, despite the legal necessity of their existence:

http://epaliberia.org/environmental-impact-assessment

The working group would encourage the Liberian Government to publish ESIA and ESMPs. We

believe this commitment to be highly achievable because the EPA should already be holding

these documents in its database...

OGP Openness in Natural Resources Working Group 9

Suggested details:

Publish all ESIAs, ESMPs, and any other environmental or social mitigation plans received

by the EPA from 2011 and onwards

Assign responsibility to the EPA’s Monitoring, Assessment, and Conservation team –

Environmental Impact Assessment unit.

Provide paper copies of future ESIAs and ESMPs to the EPA’s County Environmental

Committees in the county where the development project will take place.

Share ESIAs and ESMPs with relevant Liberian civil society groups for dissemination to

the public.

Publish ESIAs and ESMPs from all the sectors addressed by LEITI: Mining, Oil, Forestry,

and Agriculture.

ESIAs and ESMPs should all be centralized in one location on the EPA website and

searchable based on: date of publication, company, sector, county, & municipality.

Suggested implementation partners:

Liberian Agencies:

Public Procurement Concession Commission (PPCC)

Community and NGO complaints received by the EPA, FDA, or the Ministry of Lands Mines

and Energy regarding the misuse of concession land and the breaking of contract promises

regarding environmental obligations should be delivered to the PPCC and posted on their

Complaints, Appeals, and Review Panel (CARP).

Commissioner Amb. Timothy E. Thomas – Monitoring and Compliance

Environment Climate Change Media Network (LECCMN)

A group organized by the EPA in collaboration with environmental reporters with the aim to

raise awareness on environment and climate change issues in the country.

Peter A. Fahn, Secretary General

Joseph Sanyon, Vice Coordinator

Forest Development Authority (FDA)

Timber sector ESIAs should be sent to the Commercial Forestry department of the FDA – EIA

Division

Website: http://www.fda.gov.lr/

Ministry of Lands, Mines & Energy

OGP Openness in Natural Resources Working Group 10

OGP governments with similar commitments:

For additional counsel and knowledge exchange, other OGP governments which are

implementing (or have implemented) a similar commitment can be contacted.

Croatia

Commitment 5.6 - Publish comprehensive versions of environmental impact studies on the

websites of the competent bodies

Ministry of Environmental and Nature Protection

Mexico – Commitment 31: Access to Environmental Impact Studies

Secretaría del Medio Ambiente y Recursos Naturales

Sierra Leone – Commitment 7 – Scaling up Extractive Industry Initiatives.

part d: Disclose environmental impact assessments prior to the award of any extractives rights

(No ministry listed)