By Nasratu Kargbo
In a bid to ensure the dignity and safety of residents displaced as a result of investment in their lands, the new Customary Land Rights Act of 2022 mandates a five-year guarantee for all structures built in the new settlement. This is to ensure the quality of the structures.
Section 44 (13) of the Customary Land Right Bill states that: “The investor shall provide a 5-year guarantee on all structures built in the new location and shall make good any damage arising from the use of substandard materials or poor workmanship”.
Facilitating training for journalists to increase their knowledge about the new land laws; Customary Land Rights Act and the National Land Commission Act, the Official Adviser at Green Scenery Sierra Leone Yannick Wild explained that within the mandated five years period, if there is any problem with the structures, the investors should be responsible for mending those problems.
He noted that land, the quality of the houses, access to services etc. should be same in the new location as it was in their former settlement.
The Act also makes it a requirement that the residents in the specific community should not be displaced until all relevant structures have been erected in the new community. “Displacement of a community shall not start until all required structures have been constructed in the new location and certified fit for habitation and use by both Government and independent assessment,” section 44 (14) reads.
Wild explained that displacement is only done when there is no other option, citing situations where investors might say minerals are in a specific location where people already live, that may lead to relocation. However, he explained that evidence should be presented to show that displacement is unavoidable; adding that after those stages, the consent of the people should be sought.
He explained that the investors will be responsible for all costs of the structures that will be erected in the new community.
Wild added that when President Julius Maada Bio signs the two new land bills; it will be the best in the region. He explained that the laws create avenues to ensure that the rights of the less privileged and vulnerable are not trampled upon. He mentioned the rights of non-natives to own lands in the provinces, women with equal rights to own lands like their male siblings, the creation of a redress mechanism, ensuring that the displaced are well taken care of, and spouses to jointly own lands, amongst many other improvements.
Displacement and relocation of mining-affected people have over the years been a major issue leading to chaos in mining communities, especially in Kono District, eastern Sierra Leone with many complaining about the lack of basic amenities like schools, markets, and clinics in the new settlement
The training by Green Scenery was held from the 23rd to the 24th of August this year.
Copyright © 2022 Politico Online (26/08/22)
