By Ezekiel Geeplay, ezekielGeeplay.105@gmail.com
SEWACAJUA, Sinoe, Liberia– Affected residents of Sewacajua community forest in Sinoe county are threatening to terminate their contract with Manadra forestry Liberia limited for failing to adhere to an agreement to provide the communities benefits after harvesting and shipping thousands of logs valued millions of United States dollars.
The decision follows the company’s recent plan for the renewal of another five years of concession agreement to allow the company to harvest logs.
Speaking in an interview with the Liberia Forest Media Watch during a recent field visit, Alexander Krejardia from Judue town, said the failure of the company to adhere to the agreement has caused forest dependents to losing nearly a million of united state dollars.
Alexander said the company had agreed to rehabilitate seven feeder roads, erect 14 hand-pumps, 13 pit latrine including the construction of four elementary schools and a clinic, but not one of those projects has been completed under the previous agreement signed, he said.
“We are not willing to go into any agreement with Mandra as they are calling for the renewal until we go back on a drawing table for review process from the past agreement. The company will only be given a chance to operate in our forest when they show us the first achievement as our benefits from the just ended contract, or else we will advertise our forest to another company” He narrated.
Seven years ago, Mandra signed a concession agreement purposely to harvest logs from the Sewacajua authorize community forest in Sinoe electoral district #3.
The total contract area is 31,336 hectares. In May 2020, the communities halted Mandra’s work for its failure to comply with the memorandum of understanding. While there are ongoing discussions between Mandra and the forest executives in Monrovia, the communities are at the same time accusing the company of land grabbing and destruction of forest belonging to local communities in Sinoe.
Mother Sarah Garteh, a farmer and mother of three children who for decade have been residing in the district have expressed disappointment in the company for failure to meet up with the agreement signed.
“we have company here working and we are suffering. This town don’t have pump, we are drinking from the creek, since 2016 our hand pump spoiled,” she stated.
In this 21st centenary, several residents especially within affected communities of Sewacajua are still drinking from nearby rivers and creeks as a result of the lack of functional hand pumps, something that posed health threats on their well-being.
The company is not only facing threats of concerns from the Sewacajua, the community is also calling on Mandra to provide amenities it agreed to or face legal charges soon.
Morris Suah who is the current Executive Committee chairperson of the Sewacajua forest told our investigation that they are at the verge of canceling all agreement with Mandra for what he has described as the company failure to delivered in meeting community benefits captured in the MOU signed that allowed the company to operate for nearly six years.
“We are tire and we will not allow this company to continue to make fool out of our people. We strongly believe that this is the time to prove to them ourselves, we don’t want the company and we will also use the law to get our just benefits as well” Suah explained.
The Sewacajua forest executive said for nearly a year now since the expiration of the agreement between the company and the community, they as officials of the forest has been behind the company to submit to the review process, but over and over according to him the company has refused and while at the same time calling for contract renewal without the completion of the just end agreement.
.”We will not renew any contract agreement with Mandra until the submit to the review process and complete those unfulfilled MOU provision capture as community benefits in the just ended agreement” Morris Suah told LFMW.
Currently, Sewacajua forest management team has file in a 10 count petition against Manadra at the civil law court in Monrovia calling for the cancellation of all agreements and thereby requesting that the company submit for the review process that is likely aimed to demand the company in meeting community benefits from the just ended forest agreement.
REPUBLIC OF LIBERIA) IN THE SIXTH JUDICIAL CIRCUIT, CIVIL LAW
MONTSERRADO COUNTY) COURT, MONTSERRADO COUNTY, LIBERIA
SITTING IN ITS MARCH TERM A.D. 2024
BEFORE HER HONOR……GOLDA A. BONAH ELLIOTT……ASSIGNED CIRCUIT JUDGE
SEWACAJUA by and thru its Chief Executive
Officer, Oliver C. Clarke, of the city of Greenville
Sinoe County, Liberia……………..PETITIONER
VERSUS
The Management of Mandra Forestry Liberia
Limited thru its General Manager, Augustine
B.M. Johnson, and all Corporate officers of the
City of Monrovia, Liberia…….RESPONDENT
PETITIONER’S PETITION
AND NOW COMES PETITIONER in the above cause of action praying Your Honor and this Honorable Court to grant this petition for cancellation of the Third-party Forest Management Agreement between the Petitioner and Respondent for the following legal and factual reasons as showeth to wit:
- That Petitioner says and avers that they are a Community Forest Management Body that owns 31,936 hectares or 78,915 acres of land lying and situated in Carbarde, Wadjah, Seekon and Juarzon Districts, Sinoe County, Republic of Liberia.
- That Petitioner says and avers that the people of Sewacajua Community Forest executed and entered into an agreement with the Government of Liberia through the Forestry Development Authority (FDA) for the sustainable management and use of the forest resources for the community development for which they entered into a fifteen (15) years Third-party Forest Management Agreement with the Respondent on June 25, 2017, to manage the forest for commercial purpose subject to periodic review after every five (5) years by the Community Forest Management Body. Attached hereto is a copy of the Third-Party Forest Management Agreement marked as “Exhibit P/1 in bulk to form a cogent and integral part of this petition.
- That Petitioner says and avers that the Respondent began the felling of trees / logs under diameter and leaving them in the forest to decay at the detriment of the Petitioner which stockpiled in various forest blocks value at Two Hundred and Fifty Thousand United States Dollars (US$ 250,000.00) where the amount of One United States Dollars and Seventy-Five Cents (US$1.75) is per each cubic meter of log harvested which is a gross breach of the Forest Management agreement, Clause 4 for which this petition for cancellation will lie against the Respondent. Attached hereto is a copy of the huge stock packed of logs felled by the Petitioner that are decaying marked as “Exhibit P/2 in bulk” to form a cogent and integral part of this petition.
- That Petitioner says and aver that the Respondent has proceeded contrary to the terms and conditions of the agreement in Clause 3, Section 3.2 captioned “Fiscal Consideration” where it was agreed upon by the parties that the Respondent shall pay the amount of One United States Dollars and Seventy-Five Cents (US$1.75) per each cubic meter of log harvested and transported by the waybill as benefit to the community where the Respondent would furnish the Petitioner with copies of log data forms to enable the community determine the actual log harvested by the Respondent in order to value the cost attached but the respondent has failed, refused and neglected to furnish said log data form to the Petitioner contrary to clause 7, section 7.3 of the forest management agreement for which this petition for cancellation will lie as the respondent conduct is a breach of their fiduciary duty and their action is intended to deprive the petitioner from their just benefits. Your Honor is requested to take judicial notice of petitioner exhibit P/1 in bulk.
- That Petitioner says and avers that the Respondent has proceeded contrary to the terms and conditions of the agreement specially in clause 5, section 5.6, 5.9 (a)(b), 5.13 and 5.16 captioned Social Agreement which provides that Respondent shall construct hand-pumps, clinics and two (2) compartments of concrete latrines within each of the fourteen (14) affected towns where it is agreed that the latrines construction shall be completed within the second year of operation and petitioner says that it has been more than six years upon the signing the agreement, the Respondent has failed, refused and neglected to construct said latrines which is a breach of the agreement for which this cancellation would lie.
- That further to count four (4) above, Petitioner says and avers that the Respondent has failed, refused to carry out the hand-pumps construction and rehabilitation in the affected towns and the construction of four schools, two elementary and two junior high schools and clinic(s) in it operational area during the first three years which action is contrary to the provisions of section 5.9(a) & (b) of the agreement thus making petition for cancellation to lie against the Respondent.
- That Petitioner says and avers that the Respondent in these proceedings has violated section 5.13 of the agreement, where it was agreed that the Respondent shall build and maintain roads in the affected communities as well as construct bridges on primary roads with solid durable woods like ekki or other woods for longer life” but on the company has failed, refused and neglected to even begin construction which is breach of the terms and conditions for which this petition for cancellation will lie against the Respondent.
- That Petitioner says and avers that the Respondent has breached this terms and conditions of the agreement entered into with the Petitioner where instead of finding amicable solution to the issue of the abandon stockpiled of logs in the forest, the company have abandoned the concession which have exposed the forest to intruders to engage in the illegal sawing of planks which is contrary to the intent and purpose of the agreement and despite several appeals and demands from the Petitioner and Respondent for a conference to resolve the matter but the respondent has refused, neglected to adhere to settle same for which this petition for cancellation will lie against the Respondent.
- That Petitioner says and avers that the action of the Respondent runs contrary to the Third-Party Forest Management agreement clause 10, section 10.5 invoking an arbitration for which communication was written to the Forestry Development Authority (FDA) informing them about the conduct of the Respondent who was breaching the terms and conditions of the agreement. Attached hereto is a copy of the complaint letter filed to the FDA complaining the Respondent marked as “Exhibit P/3 to form a cogent and integral part of this petition.
- That Petitioner says and avers that Respondent is financially indebted to the Community Forest Management Body for the shipment of the last batch of logs (USD 9,000.00) from Greenville Port and the payment of Land Rental fees for two (2) years, amounting to USD 47,904.00.
- That Petitioner says and avers that due to the continuous breach of the agreement by the Respondent and despite several appeals and demands for roundtable discussions to amicably resolve the matter at bar, to which the respondent refuse and neglected, and a board resolution was passed by the members to enable the Petitioner to institute this petition for cancellation of the forest management agreement entered into with the Respondent. Attached hereto is a copy of petitioner’s board resolution marked as “Exhibit P/4” to form a cogent and integral part of this petition.
WHEREFORE AND IN VIEW OF THE FOREGOING FACTS AND CIRCUMSTANCES, Petitioner prays Your Honor and this Honorable Court to grant Petitioner’s petition for cancellation of the Third-party Forest Management Agreement between the parties, and the payment of arrears in count (10), as the Respondent has grossly violated all of the terms and conditions of the agreement thus breaching the agreement at the detriment of the petitioner, rule the cost of these proceedings against the Respondent, and render unto Petitioner any all further relief that Your Honor and this Honorable Court may deem just legal and equitable in this premises. Petitioner so prays.
Respectfully submitted
The Petitioner by and thru their Legal Counsels,
____________________________________________
Dexter Tiah, Sr.
Counsellor-At-Law
0770306850 / 0886540402
Respectfully submitted
The Petitioner by and thru their Legal Counsels,
____________________________________________
Sayma Syrinus Cephus
Counsellor-At-Law
0886185268
When contacted for comment on the community allegations, Madra Human Resource Mananger and spoke person Kweku Queeley said the company acknowledged on the ongoing activities between the both parties, adding that he can’t speak further until when appropriate as discussions to have the issues resolve are ongoing.
The failure of concession companies in Liberia when it come to meeting benefit of affected communities has been on the increase since 2018, as assessment funded by the European Union and Tropenbos International found out that several companies are in gross violation of forest laws and regulations, but yet to pay penalties as outlined by laws and community agreement.
Results of theses are attributed on the weak political will and lack of effective monitoring of the forest operations. Facts gathered by this study show that the Forestry Development Authority as a regulatory body has done less to monitor concession agreements between companies and the communities, as require by laws.
However, insider from the FDA hinted the Liberia Forest Media Watch that the authority lacks the capacity, mainly man power and logistics to effectively monitor forest contracts. With this, companies seized charge the moment to exploit the forest and deny communities their rights and benefits as enshrined by laws and in the community agreement.
Up to the press time, FDA was unable to provide comment to the issue after several attempt through its Director of communication proved futile.