BY: SHALLON S. GONLOR / shallonsgonlor@gmail.com
NIMBA COUNTY – The Executive Director of Rural Women and Girls Promoter for Sustainable Development (RWGPSD) based in Sanniquellie, has called on authority of Liberia Land Sector to prioritize vigorous awareness to educate rural communities on the amended Land Rights Act (2018), especially women – including widow, single or married right to customary land and property ownership.
Meilakeh S. Menworleh, a passionate female and young change-maker, participanted in a day-long high-level lecture series on Land Right Act and Conflict Resolution Mechanism training organized by the legal consultant of the Nimba County Administration over the weekend at the Sanniquellie City Hall.
Meilakeh asked a specific question about women whether widows can inherit their deceased husband’s tree crops plantation on customary land.
“Me and my husband developed portion of his family’s customary land — we struggled to plant cocoa trees — he later passed — his family said I must marry to his relative or they will take the cocoa farm away from me,” she said.
Meilakeh’s question posed to experts presenter – legal actors, land authority, and educators at the gathering draws debate which lasted about 15 minutes, referencing amended New Land Right Act (2018).
Few years back, in Nimba County, a 38-year-old lady (no name based on confidentiality) lost her husband in a tragic motorcycle accident. Before she could recover from that loss, she was dispossessed of her farmland because she refused to marry her late husband’s uncle.
The uncle as the eldest in the family was culturally entitled to inherit her and her property but she refused.
He, the eldest of the family however duped her into letting him manage their rubber farm with promises that he would share the proceeds from the sale of the rubber.
He took the land and refused to share the income generated leaving her and her four children destitute. She could no longer pay for food, school fees, and other basic needs.
The 2003 Inheritance Law – An Act to Govern the Devolution of Estates and Establish the Rights of Inheritance for Spouses of both Statutory and Customary Marriages – has provisions to protect women and safeguard their interests and those of their children under such circumstances.
Section 3.2 of the 2003 Liberian Inheritance Law provides that 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 of the same law also provides that after the death of the husband, the customary widow or multiples thereof shall be at liberty either to remain on the premises of their late husband to administer said estate, or to take another husband of 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.
Meilakeh, however, emphasized that the provisional law, including the New Land Right Act of 2018 lacked education in rural areas – highlighting that when it comes to land and inheritance rights especially, Liberia’s women in rural communities face discrimination.
She also argued that more than half of Liberia people live in rural areas, where patriarchal traditions and customary law govern in practice.
As part of customary marriage tradition in most of Liberia, a husband must pay a “bride price” to the family of his bride.
“This tradition lends to the feeling among many that women are property within a marriage and, as such, cannot have rights to land,” she stated.
She further said due to lack of information on the Land Right Act (2018) amended – people in rural communities perceived “property cannot own property,” meaning women are property of men within marriage.
Meilakeh stressed that the rights of rural women in Liberia to own and manage farmland is been seriously affected by traditions and customs not allowing women to own farmland after the death of their spouses.
“This situation put these women at the disadvantage of not been able to farm and produce food for their children” – RWGPSD Executive Director asserted.
New Land Rights Act (2018):
Every woman (widow, single or married) has rights to own land including land left back by their late husband and father, according to the Liberia Land Authority – LLA.
In 2018 Liberia signed a new land law which protects the rights of women and customary communities.
Before the 2018 Land Rights Act, the law did not recognize women’s rights to land, although women constitute 80 per cent of the agricultural labour.
Land ownership governance and management has long been dominated by men. However, the new law (2018 Land Rights Act) in Liberia has been described as nothing less of a revolution for women.
Meanwhile, there is limited awareness about the 2018 Land Rights Act amongst women and rural communities.
The lack of decentralized services and technical capacities in rural counties is limiting the pace of the acquisition of legal tile to land by rural women and communities.
