This is part of the interim orders issued by Judge William Kenneth Hastings following an urgent ex parte application filed by the claimants, Family Tatuna Totowa and Tousi.
The applicants have filed an appeal against a declaration made by the Imasa and Sukane Joint Nakamal Land Tribunal in 2021 to the Customary Land Management Office (CLMO) on Tanna.
In their urgent application for an interlocutory order filed last week, they claimed that the Acting National Coordinator of the CLMO, John Nalwang, as the first defendant had not acted properly to issue the certificate.
They claimed there is a high conflict of interest in relation to Nalwang’s involvement and the disputes as he is also from Aniwa.
They submitted that their lawyer requested the first defendant on December last year to cancel the Green Certificate issued over Sura custom land as an appeal is yet to be determined by CLMO, but he failed to do so.
He traveled to Aniwa early this month and handed over the Green Certificate, despite the appeal lodged by the applicants and a request from the applicants’ counsel not to issue any Green Certificate over the land. In his ruling, Judge Hastings ordered Nalwang not to issue any Green Certificate for Sura and Lafatu land on Aniwa pending resolution of the appeal.
Nalwang is also restrained from being involved in any dispute over any land on the island of Aniwa whilst in his current position.
Source: VDP
The Acting National Coordinator, John Nalwang, confirmed this after appointing an officer in Aniwa recently.
According to Mr. Nalwang, the CLMO national coordinator has the authority, under section 9(1) of the Customary Land Management (CLM) Act, to appoint community land officers. This is important for addressing land issues, especially in remote areas where CLMO services are not easily accessible.
The CLMO Act allows the national coordinator to appoint a community land officer only if requested.
1This officer will be a public servant based on the island, serving as both a customary land officer and recording minutes in the Nakamal. CLMO has its officers based in the provincial headquarters, however, it is challenging for the officers to go to the island at times, therefore, the community land officers will be appointed to carry out the responsibilities of the CLMO officers.
While on Aniwa, CLMO officers also confirmed a refresher course was conducted for Aniwa Land Tribunal adjudicators, and Certificates were issued to certify that they are qualified to carry out their role effectively. These adjudicators underwent training in August 2021 but were not given the certificates.
The goal for the CLMO is to bring their services to people’s doorsteps, especially in remote areas, and help local councils resolve Nakamal land cases. Mr. Nalwang explained that if there is a disagreement or unfairness in a Nakamal decision on land, the adjudicators, who are trained under CLMO, can handle the case.
Individuals working in government institutions are allegedly involved in these corrupt practices. A common occurrence is the falsification of mapping documents and tampering of Nakamal & Land tribunal minutes.
Nalwang revealed that boundaries are often expanded beyond the original mapping of customary boundaries. This expansion commonly involves areas of financial interest, such as those with investors, lands set aside for government compensation, and project-related lands. He pointed out that the motive behind these actions is to access funds.
One of Nalwang's first tasks was to have CLMO officers in the provinces review maps of customary boundaries within their jurisdictions and pending green certificate applications. It was discovered that advertised maps of custom boundaries differed from the actual boundaries declared to families or custom owners. This difference picked up during their review revealed the expansion of customary boundaries.
This practice was particularly common in Efate and Santo specifically targeted areas involving money. Nalwang cited the Pakona land case near Devil's Point on Efate and Belbura custom land in Santo as an example. He claimed that a former CLMO National Coordinator was removed from office for reinstating the Green Certificate to declared custom owners of that land.
Nalwang noted that the Pakona land issue has allegedly resulted in the termination of several previous national coordinators. Although processes for determining custom ownership have been completed, various obstacles, including alleged conflicts of interest, have hindered progress.
For the Pakona land case, Nalwang highlighted that the original map showed a small piece of land, but boundaries were expanded, particularly in areas with investors. This case is similar to the Belbura land case, which include falsification of land tribunal minutes to obtain a green certificate which failed and is currently under Police investigation. Similar issues were reported near Epule on the North East of Efate.
On the issuance of Green Certificates, Nalwang admitted that CLMO officers failed to cross-check and verify information, leading to inaccuracies in the mapping. The problem extends to areas like Saratamata on Ambae, where custom landowners allegedly extended boundaries to benefit from government compensation.
These issues, identified during the past three months, involve falsification of documents and wrongful issuance of Green Certificates. Nalwang emphasised the need for CLMO officers to verify information in the field before issuing certificates.
The alleged corruption has reportedly been ongoing for nearly a decade, involving government officers and customs landowners in places like, Efate, Santo, Aneityum, Tanna and Erromango. Section 19 (2-3) and 57 of the CLM Act outlines the process for creating recorded interests in land, and Section 11 allows the National Coordinator to cancel a Green Certificate issued based on misleading information.
Nalwang also raised concerns about private lawyers profiting from land cases and providing wrongful advice to custom landowners, leading to legal complications and going in and out of court. He warned that those falsifying information for Green Certificates could face fraud charges.
As a result of these corrupt practices, four CLMO officers are currently under suspension
Source: VDP

Two Lindu people fish on Lake Lindu in Sigi regency, Central Sulawesi, Indonesia, June 22, 2023.
Every morning, Abter Tendesabu puts on his boots, grabs his machete and heads to his farm in the forest.
As he nears the edge of the woods, he hears the cicadas – their loud buzzing, chirping, squawking sounds.
“They alert me that I have entered the forest,” Abter, of the Lindu tribe, tells BenarNews, as he walks through the dense greenery. “They also warn me if there is danger.”
The Lindu tribe of about 5,000 people lives in the heart of Lore Lindu National Park, a UNESCO biosphere reserve in Indonesia’s Central Sulawesi province that is a model of how humans and nature can co-exist in harmony.
In a country that faces a deforestation crisis and attendant habitat loss, the sprawling park, therefore, stands apart. It is home to some of the world’s most diverse and endangered wildlife, including hornbills, tarsier and babirusas.
The 217,991-hectare (538,667-acre) park is a beneficiary of the Lindu community’s distinctive approach to forest conservation, which stems from customary law that’s been passed down from their ancestors, said Manya Rambangudu, another Lindu villager.
“The way we apply it in Lindu I think is very special because it can prevent conflicts between residents and the government regarding forest management,” he told BenarNews.
What further helps is that the state has a buy-in, and helps impose these customary laws, or rules, Abter said. Administration officials work with a customary council of elders and village representatives, called Totua Ngata, to ensure that rules are respected and enforced.
Customary laws are also taught to children in elementary schools, so they can learn the values of their ancestors from an early age.
The customary rules divide the forest into four zones, each with different levels of access and management, said Nurdin Yabu Lamojudu, chairman of the Lindu Tribal Council.
The first zone, Wanangkiki, is off-limits to all – it is the home of the spirits and the ancestors.
The second zone, Suakantodea, is where the Lindu people can collect some plants and wood, such as rattan, bamboo, and herbs, for their daily use.
In the third zone, Pangale, they practice shifting cultivation, growing rice, corn, cassava, and other crops using traditional methods.
Main crops, such as cocoa, coffee, fruits, and vegetables, which they sell in the market, are grown in the fourth zone, Pobondea, Popampa, and Polida.
The park’s lake is also divided into three zones. Fishing is banned in the core zone, the deepest part of the lake.
In the buffer zone, which is the middle part of the lake, fishing is allowed only using traditional equipment and methods.
In the lake’s shallow part, or the utilization zone, fishing is allowed with any equipment and methods.
Sanctions, known as givu, are imposed on those who disobey these customary rules. The penalties include a buffalo or cash or even expulsion from the Lindu community.
The park officials and the tribal council work together to patrol and monitor the forest, and to punish anyone who violates the rules, Abter said.
And yet, according to UNESCO, the park has suffered from “massive” illegal logging, hunting and poaching in recent times. Unauthorized gold mining also contributed to the damage, according to park Director Titik Wurdiningsih.
According to a 2022 land cover analysis, all these illegal activities have affected nearly 12% or about 60,000 acres of the park.
“The destruction has harmed the habitat of wildlife and reduced the function of the park as a catchment area for water resources,” Titik said to BenarNews.
“The mining activities use harmful chemicals, such as cyanide and mercury, which pose health risks for the people around the mining sites.”
Abter said other threats to the forest include “theft of various forest yields, including rattan and wood, as well as poaching of endemic animals that are protected.”
Despite the challenges, the Lindu people are determined to preserve their way of life.
“We are grateful that customary law is still obeyed,” Abter said.
Mohamad Irwan, the regent of Sigi, said that the Lindu’s forest management practices were an extraordinary gift. The forests in Sigi and Poso regencies are part of Lore Lindu National Park.
“Lindu is very rich in tradition. That’s why the forest there can be preserved well because there are customary rules that are highly respected. And the people are afraid to violate them,” Irwan told BenarNews.
He said 75 % of Sigi’s territory was forested and most of it was conservation and protected forest managed by the National Park Authority.
“In general, the people in Sigi know how to manage the forest. They know which rules to follow and which not to,” Irwan said.
Often, when the state and indigenous peoples have different interests and views on how to manage a forest, the two sides may have a conflict, said Syaiful Taslim, a researcher at Karsa Institute, a forest conservation organization in Central Sulawesi.
But in Poso and Sigi, there is a harmonious relationship between the government and the local communities.
The Lindu people have a deep-rooted philosophy about the forest, which they express as “Ginoku katuhuaku,” which means, “This place is my life,” Nurdin, the Lindu tribal council’s chair, told BenarNews.
“If you want to live, don’t destroy the place where you live,” he said.
Source: BenarNews
Indigenous peoples from various regions in Indonesia, including Papua, pose together during the 2022 congress of Indonesia's main Indigenous alliance, AMAN, in Jayapura, Papua. Image by Asrida Elisabeth/Mongabay.JAKARTA — The Indonesian government has recognized community claims to ancestral forests in the country’s eastern Papua region for the first time in history, a move that environmentalists say could help preserving one of most biodiverse regions on the planet.
The Ministry of Environment and Forestry on Oct. 24 handed over decrees that recognized customary forests for seven Papuan Indigenous groups. The groups are the Syuglue Woi Yansu (who received title to 16,493 hectares, or 40,755 acres), Yano Akrua (2,226 hectares, or 5,500 acres), Yano Meyu (501 hectares, or 1,238 acres), Yosu Desoyo (3,394 hectares, or 8,387 acres), Yano Wai (594 hectares, or 1,468 acres), Yano Takwobleng (405 hectares, or 1,468 acres), and Ogoney (16,299 hectares, or 40,276 acres).
The Ogoney forests are in West Papua province, while the rest are in Papua province’s Jayapura district. Together, they span 39,911 hectares (98,622 acres), an area half the size of New York City.
Indigenous rights activists and agrarian experts say official acknowledgment of their customary forest rights has been a long time coming for communities in Papua.
“It’s about time Papuans get recognition,” Rina Mardiana, head of the agrarian studies program at the Bogor Institute of Agriculture (IPB), told Mongabay. “Since colonial times, Indigenous peoples have been sidelined, and it has only gotten worse after Indonesia gained independence. Their identities are decaying and their lands are turned into objects for [economic] development.”
The recognition came nearly a decade after the nation’s highest court ruled in 2013 that customary forests should not be classified as state forests. Prior to that landmark ruling, all 120 million hectares (297 million acres) of land in Indonesian designated as forest areas fell under the control of the state.
Indigenous peoples have lived in these areas since before Indonesia as a country existed, but their rights to their forests were never officially acknowledged until the 2013 ruling. Through the ruling, the Constitutional Court essentially ordered the government to relinquish its control over customary forests that overlap with state forests to Indigenous communities.
Since then, however, the government has relinquished only 108,577 hectares (268,300 acres) of state forests to Indigenous communities as of October 2022. Until the recent handover, none of this land was in the Papua region, which comprises the western half of the island of New Guinea.

The decision comes as the Papua region experiences increasing rates of deforestation, due largely to a renewed government focus on boosting development there. In recent years, palm oil companies have begun moving in, quickly mowing down vast swaths of some of Indonesia’s last pristine forests.
In response, Indigenous activists and environmentalists have been pushing the government — in this case the Ministry of Environment and Forestry which has the authority to return custody of state forests to Indigenous groups — to recognize Indigenous peoples’ rights to their forests.
Studies have shown that Indigenous peoples are the best custodian of forests. A six-nation study for the World Bank’s Program on Forests found deforestation rates are significantly lower where communities have legal rights to the forests and government support for management and enforcement, compared with areas elsewhere.
Indigenous rights activists in Papua say this makes the case for recognizing customary forests to protect them from the expansion of exploitive industries like palm oil, logging and mining.
Once a forest has been declared customary land, the government can no longer award permits for its commercial exploitation, said Zoel Hisbullah from the Ancestral Domain Registration Agency (BRWA), a civil society initiative working to map Indigenous lands all over Indonesia. But as long as they remain state forests, “then government permits can still be easily issue” permits for businesses to exploit them, he said.
Yustina Ogoney, a member of the Ogoney clan, one of the seven whose ancestral forest rights were recently recognized, said it was important to push back against the spread of deforestation in the region.
“Through our customary forests, we Indigenous peoples in Papua, especially the Ogoney clan, are fighting against the timber concessions that bulldoze our forests,” she said.

The Ogoney application was verified by a team led by Rina, the IPB agrarian researcher. Rina said the recognition should allow the clan to manage their forests and protect them from degradation.
“They’re no longer threatened by parties that might evict them from their own lands in the name of development,” she said.
She added the recognition is also significant because forests aren’t just important to Indigenous Papuans from a livelihood aspect, but also from a cultural one.
“Indigenous peoples in Papua have a connection to their lands and forests that is very strong, even eternal,” Rina said. “They can’t afford to have their forests damaged, because there are sacred graveyards, sago hamlets and other culturally significant places in these forests. Their identities are tied [to their forests]. So what will happen when these concessions cut down their forests?”
The six other Papuan clans’ customary forest applications were facilitated by the BRWA, whose head, Kasmita Widodo, welcomed the government’s move to recognize them as important to preserving forest areas that are still largely untouched and home to endemic species like birds-of-paradise.
The island of New Guinea, which Indonesia shares with the country of Papua New Guinea, is home to 44 species of unique birds-of-paradise that are found nowhere else on Earth. Some of the recently recognized customary forests also overlap with the Cyclops Mountains, a coastal range designated as a nature reserve, Kasmita said.
This means the government is entrusted Indigenous Papuans to preserve their forests within the nature reserve, he said. This is atypical, he added, given that the government is usually reluctant to recognize customary forests inside protected areas like nature reserves and national parks.
He also highlighted the size of customary forests recognized in Papua, with the Ogoney one, at 16,299 hectares, the largest of its kind recognized to date by the government anywhere in Indonesia. Most of the customary forests in other regions range in size from hundreds to thousands of hectares.

Franky Samperante, director of Yayasan Pusaka, an NGO that works with Indigenous peoples in Papua, said the number of officially recognized customary forests in the region is still too little.
“Why there are only seven customary forests recognized?” he said.
There are 38.15 million hectares (94.27 million acres) of state forest in the Papua region, and according to BRWA, there are at least 8.13 million hectares (20.09 million acres) of customary forests in Papua and the neighboring region of Maluku. The vast majority of these have still not been recognized, Franky said.
Kasmita said this first batch of recognized customary forests could precipitate more communities getting their land rights acknowledged.
“This is an important milestone because it’s the first in Papua and we hope the next [set of customary forests] will be easier,” he said, adding that more could be forthcoming in the next few months.
Muhammad Said, the director for customary forests at the Ministry of Environment and Forestry, said this initial round of recognition could serve as the template for future acknowledgment of ancestral lands in Papua. He said the verification and identification process involved many stakeholders, including civil society, local government and the environment ministry, and took less than three months to process.
“If you want to learn how to get customary forest recognition fast, learn from [Papua]. The process is very fast [there],” Said told Mongabay in Jakarta.
The process was helped by the local government in Papua’s Jayapura district issuing a regulation on the recognition of the Indigenous peoples there in 2021. Such a bylaw is one of the requirements for the environment ministry to recognize customary forests. With it in place, other Indigenous groups in Jayapura should have an easier time gaining recognition of their customary forest rights, Said added.

Franky from Pusaka noted that some of the newly recognized customary forests have pre-existing logging concessions, and the ministry’s decree doesn’t void those concessions.
“[The government] should have ensured that these areas are clear of [commercial] permits [so that] the customary areas can be completely managed by the Indigenous people,” he said.
Rina of IPB confirmed that the Ogoney land included three logging concessions, but said that while they haven’t been revoked, there’s little likelihood of land disputes now that the community has its customary forest title.
The title effectively ensures that the concession holders must respect the Indigenous peoples’ rights in the area, Rina said.
“The logging companies can’t cut down trees in areas that are zoned for protection,” she said. “But they can negotiate and compromise [by logging] in areas zoned for production. This is because for Papuans, lands are forever tied to them, but anyone may use [their forests] as long as they ask for permission and there are agreements for sharing the benefits.”
Banner image: Indigenous peoples from various regions in Indonesia, including Papua, pose together during the 2022 congress of Indonesia’s main Indigenous alliance, AMAN, in Jayapura, Papua. Image by Asrida Elisabeth/Mongabay.
Related listening from Mongabay’s podcast: How the Indigenous Shuar in Ecuador regained their ancestral forest, listen here
The article, Understanding how the effectiveness of voluntary customary land registration system can be improved, by Research Fellow, Logea Nao, stated that the VCLR system in PNG is not user friendly and not well understood by landowners.
The VCLR system is a set of processes by which landowners can register their land and therefore, bring it onto the formal land market as a means to engage in legal transactions. The system is administered by the Department of Lands and Physical Planning and involves incorporation of land group and registration of customary land.
Incorporation of land group is the phase during which a land group is given formal recognition under the law that it claims rights to the identified portions of land and other forms of property listed on an applicant land group’s property listing.
Registration of customary land is the phase which involves registration of a portion of land identified under the property listing of an ILG during the land group incorporation phase.
Since 2005, landowners have been encouraged to register their land and receive a title. The option to register customary land is voluntary, it stated.
The article stated that the VCLR is important in securing customary land because it promotes exclusivity and inheritance of ownership, protects customary land from land grabbing, promotes business and investment, and increases the value of land.
The article suggested that in order to improve the VCLR system, the Government should consider improving customary land administration, streamlining the process, decentralising the process to districts and provinces, subsidising surveying fees and encouraging mapping of all land in each district and province.
The Spolight Article can be accessed on the PNG NRI website https://www.pngnri.org.
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The mere existence of nuclear weapons and the possibility that their availability might lead to their use seems self-defeating. As Ronald Reagan and Mikhail Gorbachev stated, “a nuclear war must never be fought and cannot be won." https://nsarchive2.gwu.edu/NSAEBB/NSAEBB172/
At least 155 states recognize their citizens have the right to live in a healthy environment, either through national legislation or international accords, like the Universal Declaration of Human Rights.
Despite those protections, the World Health Organization estimates that 23 per cent of all deaths are linked to “environmental risks” like air pollution, water contamination and chemical exposure.
Statistics like that are why the United Nations Human Rights Council recently passed a resolution reaffirming states’ obligations to protect human rights, including by taking stronger actions on environmental challenges.
Here are some of the ways that a compromised planet is now compromising the human right to health.
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| Photo: Shannon Stapleton, Reuters |
An estimated 60 per cent of human infections are of animal origin. And there are plenty of other viruses poised to jump from animals to humans. According to the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, “as many as 1.7 million unidentified viruses of the type known to infect people are believed to still exist in mammals and waterfowl. Any one of these could be the next ‘Disease X’ – potentially even more disruptive and lethal than COVID-19.”
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| Air pollution - Photo: Unsplash / Photoholgic |
Exposure to pollutants can also affect the brain, causing developmental delays, behavioural problems and even lower IQs in children. In older people, pollutants are associated with Alzheimer’s and Parkinson’s diseases.
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| A lady tends to her rice paddy, Photo: UNEP / Lisa Murray |
Natural products comprise a large portion of existing pharmaceuticals and have been particularly important in the area of cancer therapy. But estimates suggest that 15,000 medicinal plant species are at risk of extinction and that the Earth loses at least one potential major drug every two years.
Many health issues spring from pollution and the idea that waste can be thrown “away” when, in fact, much of it remains in ecosystems, affecting both environmental and human health.
Water contaminated by waste, untreated sewage, agricultural runoff and industrial discharge puts 1.8 billion people at risk of contracting cholera, dysentery, typhoid and polio. Methylmercury – a substance found in everyday products that contaminate fish – can have toxic effects on the nervous, digestive and immune systems when consumed by humans. And a growing body of evidence suggests that there is a cause for concern about the impact of microplastics on marine life and the food web.
As well, every year, 25 million people suffer from acute pesticide poisoning. And glyphosate – the world’s most widely-used herbicide– is associated with non-Hodgkin lymphoma and other cancers.
Even medicines can have a negative impact as they infiltrate ecosystems. A 2017 UNEP report highlighted that antibiotics have become less effective as medicine mainly because of their widespread use. About 700,000 people die of resistant infections every year.
The last decade was the hottest in human history and we are already experiencing the impacts of climate change, with wildfires, floods and hurricanes becoming regular events that threaten lives, livelihoods and food security. Climate change also affects the survival of microbes, facilitating the spread of viruses. According to an article published by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, “pandemics are likely to happen more frequently, spread more rapidly, have greater economic impact and kill more people.”
The 46th session of the United Nations Human Rights Council recently passed a resolution calling on states to conserve, protect and restore ecosystems, describing them as crucial to human health and wellbeing. Some 69 states committed to engaging in a dialogue to recognize the right to a safe, clean, healthy and sustainable environment.
During the council session, 15 UN entities, including the United Nations Environment Programme, delivered a joint statement expressing their support for the global recognition of the right to a safe, clean, healthy and sustainable environment.
The resolution came just ahead of the launch of the UN Decade on Ecosystem Restoration 2021-2030, a global effort to prevent, halt and reverse the degradation of ecosystems worldwide.
For more information, contact Angela Kariuki: angela.kariuki@un.org
Source: https://www.unep.org
Oleh, Adama , Russel Black
Orang Yunani Kuno, mempersonifikasikan Bumi sebagai Perempuan. Mereka Menyebutnya Gaiya.
eJournal of the Australian Association for the Advancement of Pacific Studies Issues 1.2 and 2.1, April 2010 |
KIRK HUFFMAN, RESEARCH ASSOCIATE, AUSTRALIAN MUSEUM, SYDNEY; HONORARY CURATOR, VANUATU CULTURAL CENTRE, VANUATU; MEMBER, SCIENTIFIC COMMITTEE, MUSEUM OF TAHITI AND THE ISLANDS, TAHITI, FRENCH POLYNESIA; HONORARY ASSOCIATE, MACLEAY MUSEUM, UNIVERSITY OF SYDNEY
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