The legal basis for rights-based conservation in Liberia

This paper is number 5 of the briefing series Transforming Conservation: from conflict to justice.

Historical conservation law and practice: “fortress conservation”

Ever since the first national park was established in the United States (Yellowstone), conservation orthodoxy has been focused on the idea of wilderness being free of all human presence except for occasional visitors (tourists, scientists and state enforcement agencies): ‘an area where the earth and its community of life are untrammelled by man, where man himself is a visitor who does not remain’ in the words of the 1964 US Wilderness Act.

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The Shoshone, Absaroka and other indigenous communities who had lived in and around Yellowstone for thousands of years – until the creation of the Park shut them out – would not have thought of themselves as mere ‘visitors’ and would have perceived a landscape rich in human presence, history, livelihoods and cultural significance.

Public perceptions of conservation still largely assume that reserves or national parks must be state-owned and -managed, without any regard to pre-existing customary land rights. That model (sometimes known as ‘fortress’ or ‘guns and fences’ conservation) subsequently became commonplace across the globe, with colonialism invariablyproviding the means of replication. Despite a uniquehistory that avoided the colonial legacy, Liberia has not been immune from following the dominant conservation orthodoxy in its established parks and reserves. This is reflected by the history, enabling legislation and management of Liberia’s first national park, Sapo, which was designated in 1983.

It is important that although the preceding paragraphs are a rapid historical appraisal of protected area orthodoxy in national law and practice, customary laws and practices (including those bearing on conservation outcomes) have been dominant for rural communities globally and are still alive and well for billions of people today, including in Liberia. There are many examples of where customary laws have in effect ensured sustainable stewardship of collective community resources, including in Liberia.

Key Points

1. Community Ownership: Liberian legislation recognises communities’ rights to own their customary lands and forests, and to establish and manage protected areas on their lands.
2. Customary Land Formalisation and FPIC: This would be required before the establishment of any new protected areas in Liberia, since even in areas designated as ‘proposed protected areas’ or ‘national forests’ communities may hold rights and interests to land that are protected by the constitution.
3. Policy Leadership: Liberia’s progressive land and conservation laws mean that it is well positioned to model rights-based conservation in Africa.
4. Collaborative Models: Where rights are protected, partnerships between communities, government, and NGOs allow shared, sustainable management of resources.
5. Sustainable Development: Conservation goals can align with local development, benefiting both communities and the environment.