On the 28th and the 29th of December 2022, with support from Sierra Leone Network on the Rights to Food (SILNORF) Makeni, Green Scenery organised two days capacity building training for the District Multi-Stakeholder Platform (DMSP)members in Pujehun, on the Customary Land Rights and the National Land Commission Laws 2022.
In September 2022,the government of Sierra leone enacted two new land laws .The two laws are believed to be very gender friendly, none discriminatory, very inclusive and observe the principles of a bottom-up approach that hopes to address issues around land conflict, corruption in large scale land acquisition, marginalisation, and gross abuse of human rights on land related matters which in many occasion being fueled by the activities and operations of Large scale Land Acquisitions in sierra leone. The activities of multinational Companies (agric -businesses ) in Sierra Leone have put the majority of rural citizens, especially women, children and youths in a precarious situation.
The newly enacted land laws have established structures of inclusiveness and participation that will be charged with the responsibilities of managing Land affairs including land conflicts. See the Customary Land Rights Act 2022, and the National Land Commission Act 2022 or the government website at https://www.parliament.gov.sl/acts-2022-39.html
The purpose of the training is to build the capacity of seventy-five (75) stakeholders at district, Chiefdom and community levels on the newly enacted land laws: ( Customarily Land Rights Act and the National Land Commission Act 2022), strengthen the District Multi stakeholders Platform and Malen Affected Land Owners and Users Association (MALOA), to amplify land rights issues, that will enable them to dialogue with relevant stakeholders that will expedite a speedy resolution process in the Malen land conflict Pujehun district.
The District Multi-Stakeholders Platform is made up of Paramount chiefs and men of note, government officials, officials of SOCFIN oil palm Company, District council officials, Civil Society Organisations, Religious groups, MALOA members and Journalists.
The intervention henceforth, set plans for continuing support to the district Multi Stakeholders Platform and MALOA members, using their acquired skills and knowledge through capacity building to continue their engagements and advocacy drives on land rights issues in Malen Chiefdom, in extension Pujehun district. The training was so fruitful and resourceful to participants.
In the opening session of the first day of the training , key statements were made by eminent personalities both within and outside Malen Chiefdom Pujehun district
The Paramount Chief of Kapanga Chiefdom Pujehun district, BVS Gbonda and the substantive District Council Chairman of Pujejhun district Mohamed N. Mansary applauded Green Scenery’s work in Malen chiefdom; especially in making sure the rights of Malen citizens especially the disadvantaged groups protected and liberated. He said Green Scenery is always supporting vulnerable groups through knowledge-building on land rights and peace-building.
Chief Gbonda admonished Green Scenery’s work in making sure the capacities of communities affected by the activities and operation of agric companies are built and supported. He said, if the Malen land conflict is to be sustainably resolved, the truth must about malen land conflict be said, and only the truth shall set the people of Malen chiefdom free. He said if the government of Sierra Leone failed to deliver justice to the citizens of Malen on the land conflict in question, after making promises in the 2018 presidential and parliamentary election, the people of Malen’s chiefdom will continue to hold the government to account. He, therefore, called on the government and other relevant stakeholders to prioritise the dialogue and the peaceful resolution process in the Malen land conflict.
The Civil Society Chairman of southern provinces, Ibrahim Swarray, said the issues around land conflicts are the key major contributing factors that have led to the eleven years of civil conflicts in Sierra Leone. He said looking into the perspective of the Malen land conflict, it’s worth noting that stakeholders in Pujehu and the country as a whole should put their hands on deck to expedite the dialogue process, because delaying the dialogue and resolution process in the Malen land conflict may undermine the country’s national security. He applauded the efforts demonstrated by civil society organisations especially Green Scenery through its advocacy efforts pushing the government making sure the two land laws were developed and enacted. He said they are privileged to be part of knowledge building on new land laws initiated by Green scenery.
Mr Swarry applauded Green Scenery’s work in its continuing efforts in making sure the capacities and interests of stakeholders and communities on land-related issues are well enriched through collaborative efforts and networking. He said for years, Green Scenery has been working tirelessly in making sure the social, economic and dignity of vulnerable groups in Malen’s chiefdom are sustainably uplifted and restored at all levels. He admonished Green Scenerys stands to organise such training which he describes as timely and relevant.
Mr. Swarary characterized civil society works in Pujehun district; especially Sharn Malen chiefdom as important and relevant, and such actions requires continuing support, especially in the area of advocacy and peacebuilding.
He drew the attention of participants and strategic stakeholders present in the hall, to issues of land conflicts in SAWOLA, Sogbama and Gbanka Chiefdoms Puehun district, which he described as outrageous and unprecedented. He said for years SAWOLA community and its envisions have suffered a lot as a result of the land conflicts in the two chiefdoms and such conflict has led to the death of one community member and six are presently serving jail sentences at the Pademba road correctional centre, Freetown. He continued by saying that, the new land laws hope to solve the numerous land conflicts in the rural setting, especially Pujehun district.
Mr. swarray said the dialogue and resolution process in the Malen land conflicts has been overdue and he called on the government to work within its capacity to put the Malen land conflict to rest.
He said the government of Sierra Leone established a Technical Committee on the Malen land conflict in 2019. ( Technical Committee Report on Malen Land Conflict Pujehun district). The report has been developed and sent to Vice President Dr Juldeh Jalloh, but up-to-date no outcomes from the government. He called on the government to make sure the report is published and appropriate actions are taken to put the conflicts to rest. He concludes by calling Green Scenery to support the civil society network in Pujehun and the District Multi-stakeholder platform so that they can take the new land laws land to the communities and as well push for the effective implementation of the Technical Committee Report.
Joseph Rahall, the Executive director of Green scenery, talked about the rationale of the Training. He said truth always led us through. He said at times speaking truth to power is challenging. But you should always stand strong on the truth, despite the challenges. He alluded to the statements made by previous speakers on issues around land conflict and the implementation of the Technical Committee Report.
He mentions land conflicts in Malen and Sawola Chiefdoms Pujehun districts, and similar ones in Port Loko, Bombali, and Tonkolili districts. He is optimistic with the emergence of the new land laws, the issues around land conflict hoped to be laid to rest (See new land Law- https://greenscenery.org/executive-arm-of-government-approved-the-land-bills/).
The areas of the paramount chief, He said the new land laws give additional support to the Paramount chiefs. He said if the laws should have been put in place, the problems of sporadic land conflicts would not have happened, but the government failed because years back they want investors, to the detriment of its citizens.
QUESTIONS/COMMENTS AND FEEDBACKS
Mr Swarary, the civil society Chairman asked questions relating to the power of the town chief in the Village Area Land Committee. He said town chiefs have enormous power and if such powers are not checked, could lead to power being missed.
The facilitator responded by saying, the village Area Land Committee chairman does not have absolute power or decision. The powers of the village Land committee could be checked by the Chiefdom Land Committee or the district land Commission, and for any abuse of power, the Chiedom Land Committee and the District Land Committee will quash such decision(s).
Mr Swarray further called for the inclusiveness of women in the District Multi stakeholders Platform developed by Green Scenery.
Mr Kallon another participant asked about Land Mapping, bringing up instances where the land to be mapped is in conflict. The facilitators responded by saying that Government through the established structures that is: The Village Area Land Committee, Chiefdom Land Committee and the District Land Committee will first resolve the conflict before mapping the land
Mr Alfred Sheriff asked about the relationship between power holders in the chiefdom, district and the community over community land. He said the power holders like Village Area Land Committee(VALC) and the Chiefdom Land Committee (CLC)may overpower the community over community land, leaving community powerless and of less value in the process.
The facilitator responded by saying that the management of the community land lies within the Village Area Land Committee and the Chiefdom Land Committee, holding or managing such land on behalf of the community. He said the management of the community land lies absolutely in the Village Area Land Committee, but ownership lies with the community. He said any mischief or mismanagement contrary to the mandates of the VALC, the Community have the rights to appeal to either the Chiefdom Land Committee or the District Land Committee. He further emphasises by saying that government does not have land in the provinces, so any attempts to overpower communities, contravening the provision in the two land acts and such decision is null and void.
Two sensitive questions further arose during the discussions: The leasing tenure period and the Issue around married women that have no children with their husbands.
In the area of the lease period are fifty years and renewable for another twenty years. The Executive Director of Green Scenery Joseph Rahall said, as a civil society, they challenged the decision during the multi-stakeholder conference asking for a reduction to 30 years, but their positions and interests were not honoured by the law drafters. HE calls on participants to accept the law, and with time they will call for repeal or amendments.
On the issues around marriage women, the facilitator said married women have the rights to their husband’s properties, including family land. He said when the woman re-marriage, the land goes back to the family and on that, the married woman has no legal rights to land again.
Josephine Sowa asks about the legality and the enforceability of the bylaws developed by the Village Area Land Committee.
The facilitator said the government will use the Chiefdom Land Committee and the District Land Committee to legalise and enforce the bylaws if any lack of compliance and enforceability occurred in the process.
Alex Kabenneh one of the participants asked about the rights of the land users. He said for how long someone will be characterised or what actually defined land owners on land users. He said the new laws talk little about the rights and privileges of land users. He said there are issues presently boiling up in the rural setting and if not addressed will lead to another escalating tension on land. He said there are instances where a particular family has spent almost one hundred years on a particular land, but with the new laws being silent on how land owners and land users emerged, original land owners with support from certain paramount chiefs, have started to threaten families whom they describe as land users even though such families have served substantial years or decades in a particular land. Original landowners have been disadvantaged and are presently threatening such families the characterising them as land users.
He sighted key instances in Malen Chiefdom Pujehun district, where groups of land owners /citizens stand against the activities and operations of an oil palm company presently operating in the chiefdom. The paramount chiefs nullify the land title/ ownership of those activist groups called (MALOA). Chief Kebbie characterised MALOA members (Activist groups on land rights) as land users, A plough just to eliminate such citizens from the land owners’ equation. This has had tremendous consequences on the lives of MALOA members and other malen citizens that are challenging the activities and operations of the company
The facilitator responded by saying that said some of these issues are key referencing points, and they will take such issues /concerns to the Ministry of lands and in-extension policymakers for re-considerations.
Bockrie M Koroma, Chairman of MALOA asked about the issues relating to land mapping. He brought up instances in Malen chiefdom, Pujehun district, where the company has cleared and destroyed all the traditional boundary lines or marks they used to demarcate their land boundaries., he asked about the approach government will use to restore the initial boundary lines.
The facilitator said when the time comes; the government will use the established structures to adequately deal with the issues.
A total number of 96% of the participant applauded the training as timely and relevant. They promised to use the acquired skills to popularised the two land laws in their respective communities or institutions
