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Community, Family Fight over Forest

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Top: Smith Sulonteh is claiming a portion of the Salayea Community Forest, including where he makes charcoal and planks. The DayLight/T. Prince Mulbah


By Prince Mulbah


SALAYEA, Lofa County – Last year, townsmen were stunned when they discovered a huge pile of planks and the sound of a chainsaw deep in the forest in Gorlu during a routine patrol. When local guardians investigated, they found that a man was making planks and burning charcoal in the forest.

Angered by Smith Sulonteh’s actions, the community forest sued them at the Salayea Magisterial Court. It would turn out to be the beginning of a legal battle that has pitted the family against the community.

“We are managing this forest for the future generation, so we cannot allow a family just to come and claim the forest themselves,” said Yassah Mulbah, Salayea’s chief officer, outside of the courtroom. 

“If they had their deed, they should have made it available during the establishment of the forest. The establishment of the forest was all on the radio; everyone knew about it,” added Mulbah. She was referring to a 30 or 90-day required period for a person with a private land claim to register their claim before a community forest is authorized.

However, Mr. Sulonteh said they decided not to make any claims at the time, based on their lawyer’s advice. He said their families purchased 2,244.27 acres or nearly 11 percent of the forest from chiefs and elders in 1967. He presented the families’ deed to the court, case files show. 

“These people are claiming our land because they have few local authorities of Gorlu who are supporting them,” said Solunteh. If it is for this land business, they will kill me. I’m ready to die fighting for my rights, but our side is the law and the law is for everybody.”

A charcoal mass production machine with some processed coals in bags, Mr. Solunteh produced. The DayLight/T. Prince Mulbah
 

Lawsuits

Salayea Community Forest was established in 2019, comprising six communities:  Salayea, Yarpuah, Telemu, Gorlu, Ganglota and Beyan’s Town. It covers 8,270 hectares of rocky forestland in the Salayea, Lofa County, and is home to species, including monkeys, pangolins, and elephants.  

Since its formation, Salayea has been involved conservation programs, including animal husbandry, village saving loan schemes, a mini-wood shop and Cocoa farming. It outlawed hunting, mining and other commercial activities.

Following Salayea’s lawsuit, the Salayea Magisterial Court imposed a stay order on Mr. Solunteh’s plank and charcoal. The court would later fine him for violating that order.

During courtroom proceedings, Mr. Solunteh presented a deed to the court to back his claim. The court handed the document to Salayea to verify at the Center for National Documents and Records Agency in Monrovia.   

Mr. Solunteh disagreed with that judgment and filed a petition with the 10th Judicial Circuit Court in Voinjama to overturn the lower court’s decision.   

The circuit court sided with Mr. Solunteh, according to the case files. The higher court reprimanded the lower court for not verifying the families’ deed itself, and for fining Mr. Sulonteh. The higher court then lifted the stay order on his activities in a March 18 verdict.

Three months later, Lofa County Attorney Cllr. Luther Sumo re-imposed the stay order following complaints from chiefs and elders of Gorlu. This term, Sumo sent in the police to enforce the stay.

“I have received several phone calls and complaints from the commissioner that the chiefs have threatened that if they cannot stop the pit-sawing and charcoal burning, they are going to protest and take unspecified actions, which we do not want,” Sumo said in a telephone interview.

“If I sit here and allow things to go off hand, who will be blamed at the end of the day… and we do not want chaos in our communities in Lofa.”

Piles of planks in the Salayea Community Forest. The DayLight/T. Prince Mulbah

Despite Mr. Sumo’s order, Mr. Sulonteh continued to operate, sticking with the circuit court’s decision. Only the court could tell him to stop, not any individual.

His insistence fueled the townspeople’s anger. In July, Gorlu townsmen stopped him from transporting planks from the area, seizing a truckload of wood that was headed to Monrovia because he was defying the County Attorney’s stay mandate.

Mr. Sulonteh sued the townsmen for alleged “menacing, theft of property and disorderly conduct.” However, the Salayea Magisterial Court dismissed the case, citing a lack of evidence, court filings show.

After the September 11, Mr. Sulonteh halted his operations—for the time being.

“Presently, we are not doing anything in the forest,” he told The DayLight. “We are running after some documents for the same land in question to allow our lawyer to advise us on the next action to take.”


This story was a Community of Forest and Environmental Journalists of Liberia (CoFEJ) production.

Miners Dig Community Forest with Expired License

Top: Miners operate with an expired license in the Salayea Community Forest. The DayLight/Harry Browne


By Esau J. Farr  


SALAYEA TOWN – In late May 2024, the Salayea Authorized Community Forest filed a lawsuit against a group of illegal miners for alleged unauthorized entry.

The Salayea Magisterial Court threw the case out, saying Ford Tabolo, the miners’ head, had a legal class ‘C’ or small-scale license. The court called on the Ministry of Mines and Energy, and the Forestry Development Authority (FDA) to resolve the matter.

But Tabolo’s miners continued to mine after the expiration of his license in August last year, according to the Ministry of Mines and Energy’s records. This means that Tabolo has illegally exploited the 8,270-hectare woodland for five months, nearly half of the lifespan of a small-scale mining license.

In a follow-up to previous investigations, reporters walked six hours to and from the community forest late last year and gathered evidence of Tabolo’s illicit mining activities.

“He (Ford Tabolo) is aware of our operation [mining activities] here and he is the one sponsoring us. If anybody has a problem with us, they will put it before our leader,” said Daddy Kanneh, the head of the mining camp.

Illicit miners Water wash gold at a mining camp in the Salayea Community Forest. The DayLight/Esau J. Farr

The camp is first from Salayea Town towards Telemu deep into the forest at the foot of a red, muddy hill. Mine pits spread beneath a hill, with two tents made of palm thatches and tarpaulins. Five miners panned and sieved for gold with a water pump machine, which is prohibited for small-scale mining.

“If the forest people say we should stop mining, that one should be an agreement between them and our boss man,” added Kanneh.

The reporters walked another hour to Tabolo’s second goldmine. Perched on the banks of a stream, some 10 miners worked there—this time—with shovels, buckets, diggers and cutlasses.

Here, the miners built an inclined wooden stage with carpets. They poured muddy gravel on the carpeted stage, followed by water, which entrapped tiny gold nuggets.

Other mineworkers panned for the nuggets, while others dug gravels and transported them to the washing stage.

Miners wash gravel for gold in the Salayea Community Forest. The DayLight/Esau J. Farr

“Right now, we have around 30 persons here in the forest. The way we used to receive gold here, we are not receiving it like that. When we were using the machine, we were getting more gold but the forest guards came here and took it away,” said John Kollie, the camp’s manager. Kollie disclosed they got between a quarter and half of a gram of gold daily.

Reporters could not visit Tabolo’s third goldmine more than two hours walk away, as evening approached. It would have meant sleeping in the dark, humid forest, and compromising their safety. So, they collected testimonies from the miners who had worked there.

They spoke about how Salayea Community Forest guards seized their tools, including a machine, carpets and shovels.

The DayLight could not determine whether Tabolo had a license for all three goldmines, as he has three other expired licenses in Lofa.

Efforts to interview Tabolo did not materialize, as his phone was always off, and he did not reply to text messages. However, in a previous interview with The DayLight, the mine owner said he would upgrade his small-scale license to a semi-industrial scale license.

Mining with an expired license constitutes a violation, with up to a US$2,000 fine, a maximum 24-month imprisonment, or both for convicted offenders.

Conservation undermined

The community forest wants the miners out as the forest is under conservation. Salayea Community Forest is important for conservation due to its rich biodiversity, which has empowered local people.

The community forest runs alternative livelihood programs, including beekeeping, piggery, village saving loans, woodshops and cocoa plantations.

“We want the government to make sure to get the miners out of the forest because it is undermining our conservation efforts,” said Yassah Mulbah, the chief officer of the forest. “We will not rest as leaders of the forest until the right things are done.”

Miners in the Salayea Community Forest in Lofa County. The DayLight/Harry Browne

Last November, the current minister of Lands, Mines and Energy Minister, Wilmot Paye suggested that the mining law was superior to forestry laws and regulations. He made the statement in a WhatsApp chat with The DayLight.

“Your query should further focus on what the Minerals and Mining Law of 2000 says,” Paye texted and did not say anything thereafter.

Paye’s comments were incorrect. The mining law does not recognize community forestry—it is Liberia’s oldest extractive law. However, the Community Rights Law and the Land Rights Act of 2018 do. Both laws grant locals ownership of forestlands.


This story was a production of the Community of Forest and Environmental Journalists of Liberia (CoFEJ).

Government Lapse Leading Miners to Community Forests

Top: An earthmover at work in Belleh Yalla, Gbarpolu County. The DayLight/James Harding Giahyue


By Varney Kamara


SALAYEA TOWN Lofa County – In early June, villagers seized a team of miners and their equipment for operating in the Salayea Community Forest without their consent and sued them.

A week later, the Salayea Magisterial Court dismissed the case because the miners had a valid license. It advised the Ministry of Mines and Energy and the Forestry Development Authority (FDA) to settle the matter administratively.  

Salayea is the latest community forest for which the Ministry of Mines has issued a license without landowning communities’ participation. This practice abuses communities’ rights, undermines their efforts to manage forests, and leads to forest degradation.  From 2002, Liberia lost 347,000 hectares of primary forest, with 20,000 hectares in Lofa County last year alone, according to the Global Forest Watch, an online platform that monitors forests worldwide.

Miners in the Korninga B Community Forest in Gbarpolu. Picture credit: Moses R. Quollin

“What is happening in the community is bad because they are damaging the forest that we are fighting to protect for our children and the future generation,” says Yassah Mulbah, the chief officer of the 8,270-hectare forest, one of a few conservation community forests countrywide. Home to important plants and animal species, Salayea received a community forest status in 2019.

“We are not happy because they are still destroying our forests, cutting down trees, and spoiling rivers and creeks because of gold-digging business,” adds Mulbah.

The Community Rights Law of 2009 with Respect to Forest Lands, empowers rural people, who were marginalized for decades. The law empowers residents to share benefits and managerial responsibilities with the FDA.  

On the other hand, mining is a cornerstone of Liberia’s economy, with significant contributions to GDP and revenue. Last year, mining contributed $665.4 million to Liberia’s GDP and was a primary driver of economic growth along with construction, according to the World Bank. Continued growth of 5.3 percent is projected for 2024 and an average of 5.6 percent between 2024 and 2025, spurred by mining and structural reforms.

Lawsuits

Mining in community forests has led to several lawsuits countrywide in the last five years. Two cases ended with fines against the miners,  while the other was withdrawn, giving the miners a clean slate.

In the first case, Korninga B Community Forest in Gbarpolu, 100 kilometers west of Salayea, locals sued Bea Mountain company for unauthorized entry into the community forest. They accused the company of cutting and destroying 2,800 logs while exploring for gold.

Later, the 16th Judicial Circuit Court in Bopolu found the Turkish-owned company liable and ordered it to pay over US$1.3 million in special damages and an additional US$3 million in general damages. The company eventually paid the community US$200,000 in an out-of-court settlement.

Solway explored Mt. Blei (pictured) and Mt. Detton, initially without the locals’ consent. Picture credit: James Harding Giahyue

The second case is the most infamous. In 2019, the Ministry of Mines and Energy granted Solway Mining Inc. an exploration license for patches of forest in Blei and Sehyi Ko-doo Community Forests without the communities’ consent. So, locals filed a lawsuit. Subsequently, Solway paid the communities a US$3,000 fine after a local court ruled its entry into the rocky woodlands unauthorized. However, Solway went on to sign an agreement with the two communities for its exploration activities.

The third case happened earlier this year, just before Salayea.  Bondi Mandingo Authorized Community Forest in Gbarpolu filed a $500,000 lawsuit against Harming Mining Group of Companies. The community accused the company of cutting trees, digging large pits polluting water sources and establishing a camp protected by armed police.

Backed by chiefs and elders, the company purchased small-scale mining licenses the Ministry of Mines had awarded unknown to the community forest’s leadership. In the end, the community flipped and consented to the company’s operations.

Uncoordinated agencies

The cases expose the lack of coordination between the Ministry of Mines and the FDA, corruption other issues, forestry campaigners say.

A 2018 USAID report established that the Ministry of Mines weakened local forest management by authorizing mining in community forests without consulting local people and the FDA.

A 2021 Center for Transparency and Accountability in Liberia (CENTAL) report highlighted weak coordination between the government offices in awarding semi-industrial-scale and small-scale mining licenses.

It found no redress mechanism for dissatisfied townspeople, except the courts, and that citizens’ participation in mining was low.

“In some areas, the FDA and Ministry of Mines and Energy lack the resources or capacity to enforce rules effectively,” says Dayugar Johnson, the lead campaigner at Civil Society Independent Forest Monitors.

“This leaves community forests and… protected areas vulnerable to unauthorized mining activities…” Johnson thinks corruption, high demands for minerals, limited awareness of the law and lack of alternative livelihood are a part of the problem.

Based on past and present mining authorities’ comments, there is more to the issue than the lack of coordination. It is also about the abuse of communities’ rights to forestlands.

A portion of the Sehyi-Ko-doo Community Forest in Nimba County. The DayLight/Derick Snyder

In a 2020 interview, then-Assistant Minister for Exploration Rexford Sartuh disclosed that the Ministry of Mines did not recognize community forests. “They have their right to their land but when it comes to the issuance of mineral rights in Liberia, we don’t consider them. They believe that we should ask them before we issue [licenses]. We should not,” Sartuh said in the interview.

Sartuh’s view is the same as current Minister Wilmot Paye. In a WhatsApp chat with The DayLight, Paye suggested that the mining law was superior to forestry laws and regulations.

“Your query should further focus on what the Minerals and Mining Law of 2000 says,” Paye texted, and did not say anything else.   

Paye’s comments contradict the facts. Though the mining law does not recognize communities’ rights—it is Liberia’s oldest extractive law—the Community Rights Law and the Land Rights Act of 2018 do. Both forestry instruments grant locals the right to consent and ownership of forestlands. The land law’s respect for community ownership is regarded as a landmark achievement in Liberia’s history.

Drafters of a new mining law, a draft seen by The DayLight, are proposing full recognition of all forestry and land laws and regulations.  

‘Dissatisfied’

The FDA Managing Director Rudolph Merab did not respond to queries. However, Merab’s predecessor, Mike Doryen, criticized the Solway deal in 2020.

“We are disappointed in the way the Ministry of Mines and Energy handled things,” said Doryen at the time. “We think it has the propensity of discouraging our donors from making any more investments in the conservation area of our country.”

Doryen’s comments were a reference to a fallout of Solway’s exploration in Blei and Sehyi Ko-doo.

The two conservation community forests are adjacent to the East Nimba Nature Reserve, a biodiversity hub home to the endangered Western Chimpanzee and the endemic Nimba toad. Both steep community forests and two others—Gba and Zor—receive support from ArcelorMittal Liberia and USAID.

Community forest guards with materials they seized from miners in Salayea Community Forest. File picture/Salayea Community Forest

Meanwhile, the situation in Salayea is not over. The court removed its stay order on the miners’ operations, leaving the community reeling.

Mulbah and co have decided to sue the miners at another court after consulting the FDA, which she says pledges to support Salayea.

“The community is frustrated, and people want to protest, but we urge patience as we seek help to protect our forest,” said Mulbah. “We are not satisfied because the government authorized us to manage our forest and resources.

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