Legal advice on the validity of land titles and construction development in Sierra Leone’s national parks

Photo credit: Photo taken from the National Tourist Board of Sierra Leone

Situation

The Western Area Peninsula National Park (WAP-NP) is located in the Freetown Peninsula on the western end of the coast of Sierra Leone and forms part of the Upper Guinean Forest Ecosystem. It is one of Sierra Leone’s eight biodiversity hotspots and has been protected since it was gazetted in 1916. Communities in and around the WAP-NP rely largely on fishing, tourism, farming, and small-scale mining for their livelihoods. However, between 2010 and 2022, approximately 1,300 hectares of humid primary forest in the WAP-NP were lost due to unplanned development and other human activities involving both state authorities and community stakeholders.

In 2012, the Government of Sierra Leone declared WAP-NP as a national park through an Act of Parliament (Statutory Instrument No. 69). However, ILP’s partner, The Gecko Project, has discovered that several wealthy individuals have constructed mansions on deforested rainforest land within the WAP-NP. Clearing forested slopes to make room for this housing has significantly increased the risk of landslides and flooding, which may lead to the displacement of communities and loss of lives and homes. The risk of disaster caused by the deforestation to clear space for the mansions is even higher than the devastating 2017 landslide in WAP-NP that led to the death of 493 people, the disappearance of 600 others, and the displacement of 3,000 people who lost their homes. The development also poses a specific and serious threat to water resources via the Guma Dam, which could have a catastrophic impact on communities in its path, and cause Freetown to lose 90% of its water supply.

Concerned by the possible environmental impact, The Gecko Project published a story focusing on the mansions built in this area by wealthy politicians. Given that the land is within the boundaries of the WAP-NP, the granting of title and the construction of houses appear to violate Sierra Leone’s law.

ILP’s Action

The Gecko Project investigated the construction works and sought to highlight both the dangers of this development in a national park and the corruption that paved the way for this development. ILP’s volunteer lawyers provided legal advice on the legality of leasing and/or transferring title to land within protected areas and national parks in Sierra Leone. The legal advice shed light on the lack of authority to grant such leases and the illegality of any construction on the land within WAP-NP.

Impact

The legal advice has strengthened the protection of journalists seeking to safeguard biodiversity and natural resources in and around WAP-NP through the exposure of illegal actions and corruption. The published article will empower civil society to hold the individuals who built their homes within WAP-NP to account. It will also hold the government accountable and drive it to take serious action to protect the WAP-NP from deforestation and encroachment.