Base de Datos Género y Derecho a la Tierra

Liberia

Derechos consagrados en la Constitución

The Constitution, adopted in 1986

- Article 2(2): Any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with [the Constitution] shall, to the extent of the inconsistency, be void and of no legal effect. The Supreme Court, pursuant to its power of judicial review, is empowered to declare any inconsistent laws unconstitutional.

- Article 7: The Republic shall, consistent with the principles of individual freedom and social justice enshrined in this Constitution, manage the national economy and the natural resources of Liberia in such manner as shall ensure the maximum feasible participation of Liberian citizens under conditions of equality as to advance the general welfare of the Liberian people and the economic development of Liberia.

- Article 11.a: All persons are born equally free and independent and have certain natural, inherent and inalienable rights, among which are the right of enjoying and defending life and liberty, of pursuing and maintaining and security of the person and of acquiring, possessing and protecting property, subject to such qualifications as provided for in this Constitution.

- Article 11.b: All persons, irrespective of ethnic background, race, sex, creed, place of origin or political opinion, are entitled to the fundamental rights and freedoms of the individual, subject to such qualifications as provided for in this Constitution.

- Article 11.c: All persons are equal before the law and are therefore entitled to the equal protection of the law.

- Article 20.b: The right of an appeal from a judgment, decree, decision or ruling of any court or administrative board or agency, except the Supreme Court, shall be held inviolable. The legislature shall prescribe rules and procedures for the easy, expeditious and inexpensive filing and hearing of an appeal.

- Article 22.a: Every person shall have the right to own property alone as well as in association with others; provided that only Liberian citizens shall have the right to own real property within the Republic.

- Article 23.a: The property which a person possesses at the time of marriage or which may afterwards be acquired as a result of one's own labours shall not be held for or otherwise applied to the liquidation of the debts or other obligations of the spouse, whether contracted before or after marriage; nor shall the property which by law is to be secured to a man or a woman be alienated or be controlled by that person's spouse save by free and voluntary consent.

- Article 23.b: The Legislature shall enact laws to govern the devolution of estates and establish rights of inheritance and descent for spouses of both statutory and customary marriages so as to give adequate protection to surviving spouses and children of such marriages.

- Article 28: Any person, at least one of whose parents was a citizen of Liberia at the time of the Person's birth, shall be a citizen of Liberia; provided that any such person shall upon reaching maturity renounce any other citizenship acquired by virtue of one parent being a citizen of another country. No citizen of the Republic shall be deprived of citizenship or nationality except as provided by law; and no person shall be denied the right to change citizenship or nationality.

- Article 65: The Judicial Power of the Republic shall be vested in a Supreme Court and such subordinate courts as the legislature may from time to time establish. The courts shall apply both statutory and customary laws in accordance with the standards enacted by the Legislature. Judgements of the Supreme Court shall be final and binding and shall not be subject to appeal or review by any other branch of Government. […]

Derechos de la mujer de propiedad y uso de la tierra en los Códigos Civil, de Familia y del Trabajo

 

Civil law regime

 

The Domestic Relations Law of 1973

- Sub. § 3.3. Spouses may convey to each other or partition their jointly held property.

Spouses may convey or transfer real or personal property directly, the one to the other, without the intervention of a third person; and may make partition or division of any real property held by them as tenants in common, joint tenants or tenants by the entireties provided that in the case of tenants by the entireties partition may only be maintained when both parties consent thereto.

- Sub. § 3.4. Property and rights therein of married women.

1. Not subject to control by husband. Property, real and personal not owned by a married woman, or hereafter owned by a woman at the time of her marriage, or acquired by her as prescribed in this Chapter, and the rents, issues, proceeds and profits thereof, shall continue to be her sole and separate property as if she were married and shall not be subject to her husband’s control or disposal nor liable for his debt.

2. Powers as though unmarried. A married woman has the right in respect to property, real or personal, and the acquisition, enjoyment and disposition thereof, and to make contracts in respect thereto with any person, including her husband, and to carry on a business, trade or occupation, and to exercise all powers and enjoy all rights in respect thereto and in respect to her contracts, and be liable on such contracts, as if she were unmarried.

- Sub. § 3.5. Right of action by or against married women; and by wife or husband against the other, for torts.

1. In general. Subject to the provision of section 5.14 of the Civil Procedure Law, a married woman has a right of action for an injury to her person, property, or character, or for an injury arising out of the marital relation, if unmarried. […]

- Sub. § 4.1. Husband and wife joint natural guardians; father paramount upon separation.

A married woman is a joint natural guardian with her husband of the minor children of their marriage while they are living together and maintain one household. Each such parent shall be equally charged with their care, nurture, welfare and education. When such parents are living in a state of separation, the father shall be the custodian of the minor children of the marriage as against the claim of any person whomsoever;

- Sub. § 8.7. Property rights awarded to successful wife.

When a wife as plaintiff prevails in an action to obtain divorce, the court in the final judgement shall award her not less than one-fifth or more than one-third of the defendant husband’s personal property outright and not less than one-fifth nor more than one-third of his property for life. Upon the wife’s death, so much of the real property so awarded her shall descend to her children begotten by the defendant 

Persisting loopholes and challenges

These laws show important gaps which make them difficult to apply. In particular, they fail to define and provide for marital property regimes. Joint property remains a major challenge as the Domestic Relations Act does not give any indication as to how joint property arises and is managed within marriage. These gaps in the legislation prevent the systematic documentation of land rights. (7)

 

Customary law regime

 

The Decedents Estates Law, 1973

§ 2.1. Equal Right to be Accorded Customary Wife.

All customary marriages shall be legal within this Republic, and the rights, duties and liabilities of the statutory wife shall likewise be accorded to all customary wives, consistent with and pursuant to the provisions contained in the Act Adopting A New Domestic Relations Law, known as title 9 of the Liberian Code of Laws Revised, 1973, and which is hereby fully incorporated, as if quoted verbatim herein.

§ 2.6. Wife's Property Exclusively Her Own.

(a) The property acquired or owned by a customary woman either before or during marriage, belongs to her exclusive of her husband and she is therefore free to do any lawful business in her own name, including the right to contract with third parties but to the full knowledge and consent of her husband.

(b) Any customary husband who shall control, or attempts to control his wife's property, or prevents her from operating her lawful business, has committed a felony of the second degree (Theft of Property), and upon conviction in a court of competent jurisdiction, shall be fined the amount of not less than LD$200.00 nor more than LD500.00, including restitution of property of the wife converted to his personal 

The Equal Rights of the Customary Marriage Law of 1998

- Brought formal recognition of customary marriages and extended the same property rights protections (with some major exceptions) of spouses married under civil law to spouses married under customary law (7).

- Section 1(a): “Customary marriage” means marriage between a man and woman performed according to the tribal tradition of their locality;

- Section 2.1: Equal Right to be Accorded Customary Wife

All customary marriages shall be legal within this Republic, and the rights, duties and liabilities of the statutory wife shall likewise be accorded to all customary wives, consistent with and pursuant to the provisions contained in the Act Adopting a New Domestic Relations Law, known as Title 9 of the Liberian Code of Laws Revised, 1973, and which is hereby fully incorporated, as if quoted verbatim herein.

- Section 2.6: Wife’s Property Exclusively Her Own

a) The property acquired or owned by a customary woman, either before or during marriage, belongs to her exclusive of her husband and she is therefore free to do any lawful business in her own name, including the right to contract with third parties but to the full knowledge and consent of her husband.

b) Any customary husband who shall control, or attempts to control his wife’s property, or prevents her from operating her lawful business has committed a felony of the second degree (theft of property), and upon conviction in a court of competent jurisdiction, shall be fined the amount of not less than L$200.00, nor more than L$500.00 including restitution of property of the wife converted to his personal use.

- Section 2.10: Unlawful for Parents to Choose Daughter’s Husband

a) Every customary female of legal age shall have the unrestricted right to marry the man of her choice. It shall be unlawful for any tribal parent to choose a husband for his/her daughter, or compel the daughter or other female relative to marry a man not her choice.

 

Consensual unions

Liberia does not recognise the rights of couples living in consensual unions. As a result, unmarried women are left with little protection of their property rights, because property is usually titled in the man’s name regardless of whether or not his partner contributed to the purchase.  (7)

 

Citizenship

The Constitution, 1986

- Article 28:

Any person, at least one of whose parents was a citizen of Liberia at the time of the Person's birth, shall be a citizen of Liberia; provided that any such person shall upon reaching maturity renounce any other citizenship acquired by virtue of one parent being a citizen of another country. No citizen of the Republic shall be deprived of citizenship or nationality except as provided by law; and no person shall be denied the right to change citizenship or 

The Aliens and Nationality Law, 1973

§ 20.1. Citizens of Liberia at birth.

The following shall be citizens of Liberia at birth:

(a) A person who is a Negro, or of Negro descent, born in Liberia and subject to the jurisdiction thereof;

(b) A person born outside Liberia whose father (i) was born a citizen of Liberia; (ii) was a citizen of Liberia at the time of the birth of such child, and (iii) had resided in Liberia prior to the birth of such child.

A child who is a Liberia citizen by virtue of the provisions of subparagraph (b) of this section shall lose his citizenship unless he has resided in Liberia before attaining his majority or unless when he attains his majority and before attaining the age of 23 he goes before a Liberian consul and takes the oath of allegiance to the Republic of Liberia required of a petitioner for naturalization.

 

Mecanismos legales de herencia

 

Civil law regime

 

The Decedents Estates Law, 1973

§ 3.4. Division among relatives of equal and different degrees.

If the distributees entitled to share in an estate under the provisions of section 3.2 are all of equal degree of kinship to the decedent, they shall take equal shares. If they are of unequal degree, their respective shares shall be determined in the following manner:

The part of the estate which is to be distributed to any such distributees shall be divided into as many equal shares as there shall be persons in the nearest degree of consanguinity living and taking shares therein and persons in that degree who have predeceased the decedent and who have left issue surviving who are to receive shares. One equal share shall be distributed to each such living person in the nearest degree. The remaining part of the estate to be distributed among such distributees shall then be divided into as many equal shares as there are distributees in the nearest degree of consanguinity living and taking shares therein (exclusive of those whose shares have already been determined) and persons in the same degree who have predeceased the decedent and who have left issue surviving who are to receive shares. The living persons of such class shall receive equal shares in the estate. The balance of the estate to be distributed shall be divided according to the same process until the entire estate shall have been distributed.

§ 3.5. Inheritance by, from and through illegitimate children.

An illegitimate child and his issue shall inherit under the provisions of section 3.2 from his mother and from her lineal and collateral relatives, and his mother and her lineal and collateral relatives shall inherit from such child and his issue as if he were legitimate. An illegitimate child and his issue shall inherit under the provisions of section 3.2 from his father and from the lineal and collateral relatives of the father, and the father and his lineal and collateral relatives shall inherit from such child and his issue as if he were legitimate under any of the following conditions:

(a) If the child is adopted by his father; or

(b) If the father acknowledges his paternity in writing before a justice of the peace or notary public and such acknowledgment is probated and registered; or

(c) If the parents marry subsequent to the birth; or

(d) If the child has been legitimated under the provisions of the Domestic Relations Law; or

(e) If the paternity of the child has been adjudicated by a court of appropriate jurisdiction.

Such child shall be treated as if he were the legitimate child of his mother, and, if any of the conditions enumerated in this section is present, as the legitimate child of his father, for the purpose also of receiving benefits under sections 4.3 and 4.4.

§ 4.1. Rights of surviving spouse.

1. Constitutional right of election by widows. The constitutional right of a widow to one-third of her deceased husband's real estate during her natural life and to hold one-third of his personal estate in her own right subject to alienation by her, by devise or otherwise, is hereby preserved. A widow has the personal right to elect to take such share in lieu of any testamentary disposition or distribution on intestacy provided for her. 
2. Statutory right of election by widowers. A widower shall be entitled to one-third of his deceased wife's real estate during his natural life and to one-third of her personal estate, which he shall hold in his own right subject to alienation by him by devise or otherwise. He has the personal right to elect to take such share in lieu of any testamentary disposition or distribution on intestacy provided for him. 

§ 4.3. Exempt personal property for spouse and children.

The surviving spouse, or if there is no spouse, then any child or children, shall be entitled absolutely to such personal property of the estate as he or they may select not exceeding in the aggregate $500, any portion or all of which may be taken in money; provided, that if the decedent has died testate, an article which has been made the subject of a specific bequest to another person shall not be applied in satisfaction of a claim by a spouse or child under this section unless other assets of the estate do not exceed $500. The property selected shall belong to the spouse, if any, otherwise to the children in equal shares. At any time after the return of the inventory the court upon application shall set apart the selected property to the persons entitled thereto. Such property shall not be subject to administration and shall be exempt from all claims against the estate except any lien thereon at the time of the decedent's death, taxes, claims for the costs of administration and reasonable funeral expenses.

§ 4.4. Temporary use of dwelling house by surviving spouse and/or minor children pending settlement of estate.

If the estate of a decedent comprises an interest in fee simple in a dwelling house in which the surviving spouse and/or minor children were resident at the time of decedent's death, such spouse and/or minor children may continue to occupy such dwelling house and make use of the furnishings, household goods and provisions therein and crops to the extent necessary for family use without liability for payment of rent or other charges until the expiration of seven months after the issuance of letters to the personal representative.

 

Customary Law regime

 

The Equal Rights of the Customary Marriage Law of 1998

- Section 3.2: Widow’s Dower Rights

Upon the husband’s death, the widow or multiple widows shall be entitled to only one-third (1/3) of their late husband’s property; the balance two thirds (2/3) of the decedent’s property shall descend to his children, if any, or to his collateral heirs according to the Decedents Estates Law.

- Section 3.3: Widow’s Liberty Not Restricted After Husband’s Death

After the death or burial of her/their husband, the customary widow or multiple shall be at liberty either to remain on the premises of her/their late husband to administer said estate, or she/they may take another husband of her/their choice and shall vacate the premises of the late husband in as much the new marriage entered automatically reverse said rights and same property return to the heirs or children of the late husband.

- Section 3.5: Widow to Administer Deceased Husband’s Estate

Widow or multiple widows collectively, children or collateral heirs, shall have the unrestricted right to petition the Probate Court in their jurisdiction for Letters of Administration to administer the property of said decedent, and which right shall not be denied by Probate Court within the Republic. Any denial of this right shall entitle the aggrieved party to appeal to the Supreme Court of Liberia.

- Section 1(f) defines “Letters of Administration” as the authority given by the Probate Court to a tribal widow/widows, children of tribal marriage, or next of kin to take care of, control the property of the deceased which he left at the time of his death.

 

The Decedents Estates Law, 1973

§ 3.1. Decedents Estates Law Applicable to Customary Marriage.

The provision as contained in Title 8 of the Liberian Code of Laws Revised of 1972, known as the New Decedents Estates Law, including a Probate Court Procedure Code, are hereby incorporated as if quoted verbatim and which shall equally apply to alt native customary marriages immediately after the passage of this Act.

§ 3.2. Widow's Dower Rights.

Upon the husband's death, the widow or multiple widows shall be entitled to only one-third (1/3) of the late husband's property; the balance two-thirds (2/3) of the decedent's property shall descent to his children, if any, or to his collateral heirs according to the Decedents Estates Law.

§ 3.3. Widow's Liberty Not Restricted After Husband's Death.

After the death or burial of her/their husband, the customary widow or multiple widows shall be at liberty either to remain on the premises of her/their late husband to administer said estate, or she/they may take another husband of her/their choice and shall vacate the premises of the husband in as much as the new marriage entered automatically reverses said rights and same property returned to the heirs or children of the late husband.

§ 3.4. Compulsory Marriage of Widow of Deceased Husband's Kin Unlawful.

(a) No family member of the deceased husband shall compel the widow or widows to remain within the family or marry a kin of her/their late husband.

(b) Any family member who shall compel a widow to marry one of her husband's relatives against her will in order for said widow to be able to subsist or earn a livelihood has committed a felony of the first degree and, upon conviction in a court of competent jurisdiction, shall be fined amount of not less than L$500.00 nor more than L$1,000.00.

§ 3.5. Widow to Administer Deceased Husband's Estate.

A widow or multiple widows collectively, children or collateral heirs shall have the unrestricted right to petition the probate court in their jurisdiction for Letters of Administration to administer the property of said decedent, and which right shall not be denied by probate court within the Republic. Any denial of this right shall en-title the aggrieved party to appeal to the Supreme Court of Liberia.

§ 3.6. Right of Tribal Inhabitants to Make Last Will and Testament.

Every male and female of legal age under customary or tribal law shall have the right to make his/her Last Will and Testament, describing how his/her property is to be distributed after his/her death.

 

Discrepancies between civil and customary regimes

The surviving spouse is treated differently in a civil marriage and in a customary marriage. In civil law the surviving spouse is entitled to one-half of her deceased husband’s property for her lifetime, while a surviving spouse in a customary marriage is entitled to one-third of her deceased husband’s property only until she remarries. Importantly, a woman in a customary marriage must get consent from her husband before she can enter a contract or acquires property from a third party, while a woman in a civil marriage does not. (7)

 

Legislación de tierras

 

Public  Lands  Law - Title 34 - Liberian Code of Laws Revised

- § 50. Drawing of land by immigrants.

On arrival in Liberia, every immigrant who shall have attained the age of twenty-one and who shall have filed a declaration of intention to become a citizen as provided in section 83 of the Aliens and Nationality Law, shall be entitled, if single, to draw from the public  lands  a town lot or ten acres of farm  land, and, if married, a town lot or twenty-five acres of farm land ; provided that a husband and wife shall be entitled to draw only a town lot or twenty-five acres of farm  land for both of them. Persons who have drawn land under the provisions of this section shall receive from the President as evidence of their right to the land a certificate specifying the number of the lot or parcel and the time when it was drawn.

- Section 50 does not specify whose name is to appear on the certificate.

- § 70. Leases to foreigners.

The President is hereby authorized to lease any portion of the public lands not appropriated for other purposes to any foreign individual, corporation, or company for engaging in agricultural, mercantile, or mining operations in Liberia. The term of any such lease shall not exceed fifty years, but the lessee may renew the lease for another term of fifty years upon such terms as the contracting parties may agree. The terms and conditions of any lease or renewal of a lease of public lands shall become effective only after ratification by the Legislature.

 

The Land Rights Bill, 2014

- A draft LRA has been sent to the legislature in 2014 and has yet to be adopted. It sets out a wide range of protections for customary land rights. If retained, these provisions will fulfil the promise of tenure security for customary land rights contained in Liberia’s Land Rights Policy.

- Article 2:

15. Customary Land: Means the land owned by a Community and used or managed in accordance with customary practices and norms, and which include, but is not limited to wetlands, communal forestlands, and fallow lands

16. Deed: Means a document which contains the size and location of a piece of land and by which ownership of the land described therein is transferred from the current owner to another person.

- 21. Fee Simple: Means an ownership of Private Land and Residential Area that endures until the current owner dies without any heirs, and which is alienable, inheritable and can be devised.

22. Equal Protection: Means (i) in respect of persons, the rights of all persons to enjoy and exercise all the freedoms and rights established by the Constitution of Liberia, this Act and other Liberian laws, irrespective of age, ethnic background, race, sex, creed, and place of origin or political opinion; and (ii) in respect of land, ensuring that Customary Land is given protection equal to Private Land.

- Article 9: Proof of Ownership or Rights in Land

1. The proof of ownership of a Private Land shall at all times be by way of a deed that (i) is duly probated and registered in keeping with the law controlling, and (ii) shows a proper chain of title from the original owner of the land.

2. The proof of any Government Land shall consist of demonstrated existence on the land of government buildings, projects, or activities including but not limited to offices of ministries, agencies and branches of the Government, military bases, public schools and public universities, public hospitals, Libraries, museums, and public airports for any period prior to the adoption of the Land Rights Policy of Liberia.

3. The proof of any Public Land shall consist of competent evidence of its acquisition by the

Government through purchase, escheat, confiscation gift or otherwise and the fact that it is not presently used for the present activities and/or operations of the Government and is neither a Private Land nor a Customary Land.

4. The proof of ownership of any Customary Land shall consist of any competent evidence including oral testimony showing a verifiable longstanding relationship and/or ties that the community claiming ownership of the particular Customary Land has had to the land, but under no circumstances shall the ownership of a particular piece of Customary Land be denied merely because of a failure to produce documentary evidence of title. The necessary proof required by this Section is only in respect of the claim of the particular community asserting ownership of the specific piece of Customary Land at the exclusion of all other communities.

5. Where proof of ownership of any land other than Customary Land is by a deed, the required chain of title shall be traced to some written consent duly given by the owners of the Customary Land from which the land being proven originated; provided that this subsection shall not be construed to invalidate any public land sale deed duly issued by the Republic of Liberia prior to the Effective Date of this Act.

- Article 16: Obligations of Private Ownership

Every owner of a Private Land is obliged to:

a. Register his or her ownership of the land with the relevant agency of the Government and to maintain up-to-date records of such ownership and registration;

[…]

- Article 21: Acquisition by Purchase from a Community

1. Private Land may be acquired by grant of a defined portion of a Customary Land to a Resident as a Residential Area; provided that the total area of Customary Land which may be acquired by or granted to a Resident shall not exceed one (1) acre.

2. Except as provided in Section (1) above, no Person shall purchase and/or hold as

Private Land any portion of Customary Land after ninety-nine (99) years as of the

Effective Date of this Act.

- Article 31: Tenancy by the Entirety

1. A tenancy by the entirety arises when a joint tenancy is created in two or more persons living together as husband and wife.

2. The right of survivorship exists in a tenancy by the entirety such that upon the death of one partner the other takes the entire land free of the participation of the heirs of the deceased partner. No tenant in a tenancy by the entirety may defeat the right of survivorship of the other tenant by conveyance, partition or testamentary disposition.

3. A tenancy by the entirety may be destroyed by divorce or by voluntary agreement of the couple.

- Article 32: Identification of Customary Lands

1. Customary Land is acquired and owned by a Community in accordance with customary practices and norms based on long period of occupancy and/or use.

2. The existence and ownership of Customary Land shall become enforceable as of the

Effective Date of this Act.

> This means that as soon as the Land Rights Bill passes into law, Customary Land rights will be automatically formalised and customary ownership will be legally protected.

- Article 34: Identification of Land-Owning Community

4. All Residents of a community are members of the community with equal rights to the Customary Land and participation in the use and management of the community's land, regardless of age, ethnicity, religion, disability and identity.

 

Medidas políticas/mecanismos institucionales que refuerzan o limitan el derecho de la mujer a la tierra

 

The Gender and Development Act of 2001

It establishes the Ministry of Gender and Development and defines its institutional mandate which revolves around for promotion of gender equality, women’s advancement and children’s welfare in Liberia.

In particular the Ministry is responsible for (inter alia):

- Advising the Government on all matters affecting the development and welfare of women and children;

- Coordinating the Government’s gender mainstreaming efforts to ensure that both women and men’s perspectives are central to policy formulation, legislation, resource allocation, planning and outcomes of policies and programs, focusing on gender equality, empowerment of women and development of children;

- Monitoring and reporting back the impact of national policies and programs on women and children as well as recommend appropriate measures to be taken in mobilizing and integrating women as equal partners with men in the economic, social, political, and cultural development of the country.

- Ensuring national compliance with the reporting requirements of all international conventions on the elimination of all forms of discrimination against women and children;

 

Ministry of Gender, Children and Social Protection

Between 2008 and 2011 Denmark funded a Joint Program on Food Security and Nutrition (FAO, UNDP, UNICEF, UNIFEM, UNMIL, UNOPS, WB, WFP, WHO) - with the following objectives:

1)      Enhancing food availability

2)      Improving access to food

3)      Promoting better food utilisation and improving nutritional status

 

Liberia National Gender Policy Ministry of Gender and Development (2010 – 2015) of 2009

The purpose of the NGP was to demonstration the Government’s political will eliminate all forms of gender based discrimination in order to achieve gender equality. It serves as a framework to mainstream gender and empower women and vulnerable groups in the national development processes.

 

Land Rights Policy, 2013

The purpose of the Land Rights Policy was to clarify the status of customary lands through formalisation. It contains a number of important policy recommendations:

- 6.3.1. Community ownership of Customary Land will be formalized by the issuance of a deed to a legal entity, bearing the name of the community. The name of the community will be decided by a process that is fully representative and accountable to all community members, including women, youth, and minorities. The community, as a legal entity, will have legal personality and may therefore enter into contracts, own land, and participate in court actions or proceedings before alternative dispute resolution bodies. The deed will provide for private ownership by the community, so long as any decisions regarding management, use, and transfer are fully representative and accountable to all community members, including women, youth, and minorities. Any decision or action that contravenes this rule is prohibited.

- 6.3.2. Ownership of Customary Land includes ownership of natural resources on the land, such as forests, including carbon credits, and water. In accordance with the Constitution, the Government has exclusive ownership rights over “any mineral resources on or beneath any land or [. . .] any lands under the seas and waterways.” The Government will have authority to regulate natural resource use and access, consistent with customary ownership rights and legal due process.

- 6.3.3 The Customary Land rights of groups, families, and individuals within the community will be decided by the community in a way that is fully representative and accountable to all community members, including women, youth, and minorities.

- While it draws attention to the need of women it does not contain any concrete measure to guarantee that they do not lose out in the process.

 

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía