Parliament decision may make or break Salone

By Thaimu Thullah

Sierra Leone’s laws on land rights have undergone significant changes to empower rural communities and women. The 2022 Customary Land Rights Act and the Land Commission Act aim to protect customary land rights, gender equality in land ownership, and ensure communities have a say in land use decisions, particularly regarding industrial development. In the area of Compulsory Acquisition, there are laid down laws and procedures to be used and followed to the letter, if government is interested in acquiring land or lands from the people. Section 21 of the 1991 Constitution is very clear on that. It is therefore read verbatim:

Section 21: Protection from deprivation of property. 524 @5D ‘‘No property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired except where the following conditions are satisfied.’’

 This Constitutional provision is very clear and is applicable to even a situation wherein the government wants to acquire property compulsorily; it must ensure that laws, processes and procedures regarding the said acquisition are followed. This was aptly displayed in the case of the Black Johnson Beach acquisition: the government followed due process and procedures, and those processes paved the way for the government to legally acquire the said land.

Unfortunately, on the issue of the Kasafoni land, the government has been playing the hide and seek game, apparently to twist the process by bending the same law.

Amidst this unfolding drama, the Sierra Leone Parliament seem to have developed cold feet over the Kasafoni Land Conflict. Civil Society groups and stakeholders are of the view that “there is urgent need for legal compliance and community protection.”

Sierra Leone is blessed with abundant mineral resources, but beneath this wealth lies a troubling dispute that has far-reaching implications for the rule of law, local content rights, and human rights. The ongoing saga surrounding the Kasafoni land is a stark reminder of the fragile balance between development and the rights of local communities—an intricacy further complicated by recent events.

The Public Petition Committee was set to convene on Monday to address concerns about the land claims made by the people of Dansogoia, Sambaia, and Diang Chiefdoms against the Sierra Leone Mines and Minerals Development and Management Corporation (SLMMDMC). However, the meeting failed to materialize, leaving community stakeholders anxious and frustrated by what they perceive as governmental negligence. Many fear that their plight will be swept under the carpet.

This situation marks a significant moment in Sierra Leone’s history; it is the first Public Petition regarding land rights since the end of the civil war—a critical juncture for the human rights of individuals living in Kasafoni Land. Reports indicate that numerous locals have found themselves dispossessed of their ancestral lands, with no prior notice or consent, which blatantly contravenes provisions contained within the 1991 Constitution, the Public Land Ordinance, and the Customary Land Right Act.

The laws state unequivocally that any appropriation of land must be preceded by adequate notice to landowners and a promise of compensation. Yet, in the case of Kasafoni Land, their application appears inconsistent. One Chiefdom stakeholder voiced a deep concern, warning, “We are moving to a situation where the government will one day take people’s houses forcefully without prior notice.”

The anxiety among the Kasafoni communities is palpable. With their lands allegedly taken without consultation, residents are determined to defend their rights. They have expressed strong misgivings against any new investor, emphasizing their unwavering support for the Gento Group of Companies, with whom they previously entered into a land lease agreement.

Local leaders, including Paramount Chiefs, are rallying to protect the interests of the people. However, they recognize that any misstep by the government or Parliament could undermine not only their authority, but also the foundational rights of their communities. This dynamic illustrates the high stakes involved; failure to resolve the Kasafoni land dispute could result in significant repercussions, extending beyond mere economic interests.

The people of Kasafoni land are not merely asking for a resolution; they are demanding justice. Their petition represents the first formal acknowledgement of their grievances since the rebel war, capturing the essence of a broader struggle for the recognition of local rights amid the encroaching pressures of resource extraction.

The inaction of Parliament creates a context where doubt and frustration fester. This past Monday, representatives expected clarity and action, but instead, were left in limbo. As reports swirl about the deadlock, the voices from Kasafoni grow louder. Locals worry that their centuries-old relationship with the land is being disregarded in favor of corporate interests, eroding the very fabric of their cultural identity.

In a small village meeting, community members openly discussed the implications of neglecting their petition. “If we do not act now, what is to stop them from taking everything we own?” questioned a concerned elder. “This is not just about land; it is about our heritage, our lives, and the future we want for our children.”

Meanwhile, the legal framework surrounding land rights in Sierra Leone is coming under scrutiny. Experts argue that the existing laws need to be reinforced and better understood by both the populace and lawmakers. For a nation emerging from the shadows of civil conflict, addressing these issues is not merely bureaucratic, but a moral obligation to prevent further injustices.

With the clock ticking and uncertainty looming over the Kasafoni land petition, the message to Parliament is clear: prioritizing the rights and voices of local communities is essential for maintaining the rule of law and ensuring that Sierra Leone’s journey towards peace and prosperity honors its citizens, rather than marginalize them.

As this story unfolds, the world watches. Will the government uphold the rights of the Kasafoni people, or with silence and inaction, allow their voices to be drowned out? The outcome of this pivotal issue could set a precedent for how land rights and human rights are treated in Sierra Leone.