On the 8th of September 2022, the Executive Arm of the Government of Sierra Leone headed by the President finally approved the Customary Land Rights Act and the National Land Commission Act 2022, making it practically one month between the Parliamentary enactment of the Bills and the signing of the same by the President. Since the legislature(Parliament) of Sierra Leone enacted the National Land Commission and the Customary Land Rights Act on August 8 2022, the Acts were awaiting the executive ascent to activate their implementation.
According to sources within the Ministry of Lands Housing and Country Planning intimated Green scenery that, the Acts 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 (See Report on land conflict in Malen Chiefdom Pujehun District )
Many observers including civil society organisations(Green scenery) have claimed the new land Acts if implemented the way they are, will be more progressive and advantageous to rural citizens especially women as compared to the provinces’ land Act of 1960 cap122.
Rural citizens especially women applauded the action taken by the government, policymakers and civil society organisations in making sure the two land laws are enacted by both the legislature and the executive arms of the government of Sierra Leone.
However, Two festering laws the new laws have expunged are the Provinces Land Act of 1960 cap 122 and the Concession Act, cap123 both of colonial heritage. Cap 122 was abrasively abused by politicians and traditional leaders and its wrongful applications have had tremendous negative impacts on the socio-economic well-being of rural citizens especially disadvantaged groups (women ), who before these laws were perpetual land users due to ill customary practices (see cap122). The customary law propped by cap 122 discriminated against women and landowning families promoted it even when women are biological siblings of male counterparts in the families.
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. If the two land laws are implemented the way they are, it will be a stepping stone to adequately addressing issues around discriminatory practices, land conflicts and corruption in the land acquisition process in sierra leone. 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 streaks on the laws maintain the age-old lease period of 50yrs and 21yrs options, but officials have argued that Landowners can negotiate for less. Also, the lease area was increased from 5000ha to 15,000ha to satisfy investors’ interests even though some CSOs opined that it will lead to Land concentration among investors as well as landlessness in communities. However, officials including civil society organisations claimed that there is some control over the size of the land and its control by investors. They also agree that there is a need for a cap over which an investor cannot lease from any community to prevent landlessness.
