OGP Openness in Natural Resources Working Group 1
Background to Suggested National Action Plan (NAP) Commitments:
The Open...
OGP Openness in Natural Resources Working Group 2
Commitment 1: Make accessible to the public information on proposed
refo...
OGP Openness in Natural Resources Working Group 3
Governance Commission (GC)
The Governance Commission is Liberia's premie...
OGP Openness in Natural Resources Working Group 4
 All material information is publicly disclosed before a commercial use...
OGP Openness in Natural Resources Working Group 5
Consultation with other OGP governments on land commitments:
For additio...
OGP Openness in Natural Resources Working Group 6
Suggested implementation partners:
Liberian Agencies:
Land Commission (o...
OGP Openness in Natural Resources Working Group 7
Commitment 4. Conduct a baseline assessment of Liberia’s land
governance...
OGP Openness in Natural Resources Working Group 8
Forest Development Authority (FDA)
Website: http://www.fda.gov.lr/
Minis...
OGP Openness in Natural Resources Working Group 9
Suggested details:
 Publish all ESIAs, ESMPs, and any other environment...
OGP Openness in Natural Resources Working Group 10
OGP governments with similar commitments:
For additional counsel and kn...
of 10

Natural Resource Working group - Liberian NAP commitment details

Published on: Mar 3, 2016
Source: www.slideshare.net


Transcripts - Natural Resource Working group - Liberian NAP commitment details

  • 1. 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 . 1 http://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
  • 2. 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/
  • 3. 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.
  • 4. 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
  • 5. 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
  • 6. 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
  • 7. 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
  • 8. 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...
  • 9. 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
  • 10. 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)

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