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The Special Parliamentary Committee on Customary Land and Land Reforms

By WANPIS AKO |PNG SUN|

#pngsun #news The Special Parliamentary Committee on Customary Land and Land Reforms is considering to formalise the country’s customary land ownership system as part of a nationwide reform agenda, according to its Chairman, Keith Iduhu.

Mr Iduhu said the committee’s work over the past two years has focused on recognising and strengthening indigenous forms of land ownership, in line with the spirit of the United Nations Declaration on the Rights of Indigenous Peoples. 

He was speaking yesterday (Thursday) to PNG SUN after the opening of the High-Level Seminar on Customary Land and Human Rights taking place at the APEC Haus in Port Moresby. 

It is being co-organised by the Special Parliamentary Committee on Customary Land and Land Reforms and, the United Nations in PNG.

It is themed: “How can human rights standards support inclusive, transparent and accountable customary land reforms and formalisation in PNG?”

The local Hiri-Koiari MP stressed that the reforms are not intended for one district or region, but are designed as a national solution that will benefit all Papua New Guineans.

He noted that only about 4 to 6 percent of PNG’s land is currently held under state titles or alienated, leaving the vast majority of land undocumented and loosely classified as customary land. 

The committee’s intention, he said, is to formalise this land without taking ownership away from clans.

Under the proposed reforms, he said, two national registries would be created. 

One would register clans and customary land groups, correcting weaknesses in the current Incorporated Land Groups (ILG) system, he said.

The second, he said, would register property interests derived from customary land, such as lease agreements. 

Chairman Iduhu told PNG SUN while clan land itself would remain inalienable and non-bankable, leases created from it could be used for agriculture, urban development and other economic activities.

Mr Iduhu said these reforms could unlock major economic potential, particularly in agriculture and real estate, and reduce reliance on imported food. 

He added that documenting land and property rights would help bring informal economic activity into the formal system, increasing national revenue.

The committee, he said, plans to present its findings to Parliament, with a proposed bill expected to be introduced as early as March.

Bill to separate lease and custom land

Parliament will debate the Custom Land Management (Amendment) Act No. of 2025, in its extraordinary session this week.

This amendment aims to solve long-standing problems in how custom land is managed in Vanuatu.

The Minister of Justice and Community Services will present the Bill that makes changes to the Custom Land Management Act No. 33 of 2013 to fix confusion caused by overlapping laws and unclear roles between different government departments.

One of the main goals is to make land processes simpler and clearer. At the moment, several land laws are mixed together, such as the issuing of negotiator’s certificates, identifying custom landowners, and creating land leases. This has caused delays and confusion.

Under the new amendment, the Custom Land Management Office (CLMO) will no longer be responsible for identifying custom landowners when someone applies for a negotiator’s certificate.

Instead, the CLMO’s role will be limited to helping with the identification of landowners and use rights before the application goes to the Department of Lands.

The Bill also aims to return power to traditional systems when it comes to solving land disputes.

In 2013, changes to the Constitution recognized nakamals and Area Land Tribunals as the final authorities on custom land ownership.

However, the original law required these groups to make decisions only if all members agreed, which slowed things down.

The bill removes this rule and allows decisions to be made according to local custom, speeding up the process and supporting traditional ways of decision-making.

Another important change is the creation of a National Registry for customary land.

Currently information about custom landowners is kept under a different law that makes it hard to update.

The new registry will keep up-to-date records of land interests, disputes, and landowner representatives. It will be managed by a National Coordinator and help those applying for negotiator’s certificates by providing reliable information.

The Bill also removes the role of community land officers. These officers were introduced in 2013 without proper planning.

They were usually full-time public servants like teachers or police officers

expected to do land duties for free. This caused problems and risks, so the government has decided to delete all parts of the law that mention them.

The amendment also includes other changes such as updating legal definitions, removing sections of the old law, and adding new rules for how decisions are made, how disputes are resolved, and how landowner representatives are chosen or changed.

One of the most important changes is a clear process for appointing and replacing landowner representatives, with meetings organized and recorded by custom land officers.

This amendment is an important step toward making Vanuatu’s land laws better match traditional systems. By supporting custom leadership, creating a national land record, and removing unrealistic legal rules, the Bill brings land management back in line with Vanuatu’s culture and practical needs.

The new law will take effect once it is published in the official Gazette. Government departments and custom authorities are now preparing to carry it out.

These changes are expected to make land matters clearer, reduce conflicts, and build more public trust in how land is managed in Vanuatu.

terence@dailypost.vu

Supreme Court stays Green Certificate issued on Aniwa

 


The Supreme Court has stayed a Green Certificate issued on December 15 last year over the Sura and Lafatu custom land on Aniwa, pending resolution of an appeal over the land yet to be determined.

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

Custom Land Officers for area councils

 


This year, the Customary Land Management Office (CLMO) will appoint community and officers in different area councils across the country.

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.

Green Certificate scandal exposed


Since assuming office last October, John Nalwang, the National Coordinator of the Customary Land Management Office (CLMO), has uncovered extensive corrupt practices dating back several years.

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

How customary laws help an Indonesian tribe preserve a forest

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. 

Nurdin Yabu Lamojudu, chairman of the Lindu Traditional Council (second from right), gives a talk about the customary forest area in Anca, a village in Sigi regency, Central Sulawesi, Indonesia, June 21, 2023. [Taufan Bustan/BenarNews]

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

In first for Indonesia, government recognizes Indigenous Papuans’ ancestral forests

Asrida Elisabeth
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.
  • The Indonesian government has for the first time relinquished state forest into the custody of Indigenous communities in the eastern region of Papua, covering a combined area the size of New York City.
  • Experts say this recognition of customary forests in Papua is significant as the region is threatened by increasing expansion of plantations, logging and mining operations, with Indigenous groups there having little to no legal protection against companies that covet their forests.
  • With this official recognition, the government has essentially handed over its control over these forests to the Indigenous communities, and therefore no licenses for any kind of commercial activity can be issued for those areas.
  • Activists have welcomed the move, but say it represents just a sliver of the millions of hectares of ancestral forest that are still waiting to be officially acknowledged in the Papua region.

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.

Bambang Supriyanto (left), the director-general of social forestry program at the Ministry of Environment and Forestry, handed over the decrees that recognize customary forests in Papua to representatives of Indigenous communities in Jayapura, Papua, October 2022. Image by Asrida Elisabeth/Mongabay.

Best custodians of the forest

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.

A road made by a palm oil company by clearing the forest in Jayapura Regency, Papua. Image by Asrida Elisabeth/ Mongabay Indonesia.

Entrusted to protect the land

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.

Indigenous Papuans travel by boat to Waimon village in West Papua province. Image by Hans Nicholas Jong/Mongabay.

Much more forest to recognize

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.

Logging concession of PT Plasma Nutfah Marind Papua (PNMP) in Papua, Indonesia. Image courtesy of Yayasan Pusaka.

Existing concessions still stand

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 

Voluntary customary land registration system needs to be effective


There is a need to improve the effectiveness of the Voluntary Customary Land Registration (VCLR) system in Papua New Guinea (PNG), according to a PNG National Research Institute (PNG NRI) Spotlight article.

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.

Also, follow discussions and updates on the reports on our social media pages:

Facebook: https://www.facebook.com/pngnri
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LinkedIn: https://www.linkedin.com/company/national-research-institute-of-papua-new-guinea-nri-/

For enquiries, please contact Communications and Publications Manager Francis Gabriel on Tel: 326 0061 or Email: Francis.Gabriel@pngnri.org

Authorised for release by:

Dr. Osborne Sanida
PNG NRI Acting Director

Source: https://pngnri.org/

Melanesian Indigenous Land Defence Alliance on: Campaign to Abolish Nuclear Weapons

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/

Pacific countries were some of the early adopters of the Treaty on the Prohibition of Nuclear Weapons. These include Fiji, Kiribati, Nauru, Aotearoa-NZ, Niue, Palau, Samoa, Tuvalu and Vanuatu.
The USA's proxy in the Pacific Islands, Australia through its Morrison-led LNC government is a staunch supporter of nuclear weapons as used by USA and its allies, "reflecting the vested interests of its alliance partner the United States, and a misplaced reliance on outdated and opaque doctrines of extended nuclear deterrence." https://tinyurl.com/wpy2b6uk The Australian Parliamentary Opposition, Labor Party "voted in favour of MP Anthony Albanese’s resolution setting out that Labor, in government, would sign and ratify the Treaty on the Prohibition of Nuclear Weapons." https://tinyurl.com/jn35kyb4
Other Pacific countries yet to ratify the Treaty include Marshall Islands, Micronesia (FSM), PNG, Solomon Islands and Tonga.
It's time for all Pacific islanders to support the International Campaign to Abolish Nuclear Weapons (ICAN). So get your parliamentarians, and get you country on board to join the #nuclear ban treaty: https://jointheban.icanw.org/

Source: FB

Six reasons why a healthy environment should be a human right

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.

1. The destruction of wild spaces facilitates the emergence of zoonotic diseases.

Photo: Shannon Stapleton, Reuters

The alteration of land to create space for homes, farms and industries has put humans in increasing contact with wildlife and has created opportunities for pathogens to spill over from wild animals to people.

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.”


2. Air pollution reduces quality of health and lowers life expectancy.

Air pollution - Photo: Unsplash / Photoholgic​

Across the globe, nine in 10 people are breathing unclean air, harming their health and shortening their life span. Every year, about 7 million people die from diseases and infections related to air pollution, more than five times the number of people who perish in road traffic collisions.

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. 

3. Biodiversity loss compromises the nutritional value of food.

A lady tends to her rice paddy, Photo: UNEP / Lisa Murray

In the last 50 years alone, human diets have become 37 per cent more similar, with just 12 crops and five animal species providing 75 per cent of the world’s energy intake. Today, nearly one in three people suffer from some form of malnutrition and much of the world’s population is affected by diet-related diseases, such as heart disease, diabetes and cancer. 



4. Biodiversity loss also reduces the scope and efficacy of medicines.

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.


5. Pollution is threatening billions worldwide.

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.


6. Climate change introduces additional risks to health and safety.

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 

Gaiya, Mama dan Orang Papua Penjual Tanah

Oleh, Adama , Russel Black

Orang Yunani Kuno, mempersonifikasikan Bumi sebagai Perempuan. Mereka Menyebutnya Gaiya.


Bagi Mereka, Gaiya adalah Tempat segala Mahluk Hidup. Dari Gaiyalah, segala sesuatu dihasilkan untuk mempertahankan Kehidupan. Tidak heran, dalam tradisi mereka, juga ada pemujaan kepada Dewi Bumi, Gaiya. Hasil panen yang baik dan melimpah, hasil ternak yang berkembang adalah berkat dari Sang Gaiya.
Sehingga, Ritual pemujaan dilakukan kepada sang Gaiya dengan mempersembahkn hasil panen dan ternak. Karena bagi mereka, Gaiya adalah Hidup dan Kehidupan.
Orang Papua Sampai saat ini, juga memandang Bumi/Tanah sebagai Seorang Mama, yang menghidupkan dan memberikan kehidupan.
Jika demikian, maka menjual tanah dan merusak bumi, sama saja dengan menjual dan merusak mama.
Selamat Hari Bumi
Gaiya, Mama.

RB. UNIKAB

Review and Reflections on Tim Anderson and Gary Lee: In Defence of Melanesian Customary Land

 

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

  1. 'Hot off the press' and published by AID/WATCH in a format that is easily portable, foldable and readable by Melanesians educated in English, this detailed series of papers relating to traditional Melanesian attitudes to land and its potential use and misuse by outside interests deserves to be read, understood, and acted upon as widely as possible both inside and outside the Pacific. Although dealing with specific areas within Melanesia, its ramifications and implications are relevant and important also for many areas of the Pacific and for many indigenous cultures worldwide. Its publication, made possible with support from the Christensen Fund, follows upon the March 2010 'Our Land, Our Future' speaking tour throughout Australia of two members of MILDA (Melanesian Indigenous Land Defence Alliance), Steven Sukot and Joel Simo. An accompanying DVD, Defending Melanesian Land , available from the publishers and released at the time of the speaking tour, complements the texts by giving a background to Melanesian concerns and the setting up of MILDA in PNG in June 2009.
     
  2. The booklet is divided into eight sections, as follows:



    • Tim Anderson and Gary Lee (eds), 'Introduction: Understanding Melanesian customary Land', pp. 2–4.
    • Steven Sukot, 'Downplaying defects in state-systems and overemphasising customary land tenure conversion for development in Papua New Guinea', pp. 5–10.
    • Tim Anderson, 'Land registration, land markets and livelihoods in Papua New Guinea', pp. 11–20.
    • Almah Tararia & Lisa Ogle, 'Incorporated land groups and the registration of customary land: Recent developments in PNG', pp. 21–26.
    • Rosa Koian, 'Women in patrilineal and matrilineal societies in Melanesia', pp. 27–29.
    • Ralph Regenvanu, 'The traditional economy as source of resilience in Vanuatu', pp. 30–33 (edited version of paper given by the author at the Lowy Institute 'The Pacific Islands and the World: The Global Economic Crisis' conference, Brisbane, August 2009).
    • Lara Daley, 'Hijacking development futures: 'Land development' and reform in Vanuatu', pp. 34–39.
    • Joel Simo, 'Land and the traditional economy: 'Your money, my life'. Hu i kaekae long basket blong laef?', pp. 40–44.
  3. The authors are from Papua New Guinea, Vanuatu, and Australia, and their backgrounds are outlined in the publication. This reviewer considered describing each one individually as well as giving an overview of each section, but decided that it is better for each reader of this issue of PacifiCurrents e-journal to do that themselves. If you are reading this review, you can easily read the report, as it is also available for downloading from the Aid Watch website (and this site includes an order form for hard copies). So there are no excuses for not reading it and distributing it as widely as possible, as the views in it are important, need to be taken seriously, and discussed openly. This reviewer will, however, give a brief personal overview of aspects related to Melanesian traditional land views and current dealings with or threats to it, in a type of philosophical, argumentative, style that hopefully may give some readers outside of the Pacific an idea of how serious the topic of land is. Many of these aspects are very well dealt with in the publication, but a few others will be mentioned, all with a slightly different approach. This writer would humbly like to point out again that these are personal views (and not necessarily the views of the rather numerous cultural institutions with which he is associated) formed over and gleaned from an oft intense, continuous, and ongoing relationship with parts of Melanesia, particularly Vanuatu, since 1973 – so apologies if certain generalisations may be slightly Vanuatu-oriented, but attitudes and events there are relevant for most of the rest of the western Pacific.
     
  4. Melanesia is so linguistically and culturally varied and complex that it is often almost impossible to make generalisations, except about attitudes to land. Traditional land access, custodianship, 'ownership', use and disposal systems vary greatly throughout the vast numbers of Melanesian cultures, but all Melanesian peoples and cultures are joined with land and sacred spaces in ways that link specific peoples with specific land areas in profound and unbreakable ways. Strict laws regarding these topics are slightly more fluid than in the western sense, but are 'fluid', though, only in the sense that a meandering river has internal currents, within its banks. All Melanesian cultures revere the land, have strong spiritual beliefs and attitudes regarding it, view it as a communal rather than individual asset and, in an ideal world, consider it perfectly normal that one should have access to one's family/lineage/clan etc land and its fruits directly from birth (or later by marriage) in one form or other. For coastal peoples, land usufruct rights usually include and extend beyond the fringing reefs, 'gardens of the sea'. Land and humans exist together as part and parcel of the same life force, and one cannot really exist without the other. In this part of the world, Land=People=Culture. One of the strongest insults one can give a Melanesian would be to accuse him/her of 'not having any land' (i.e., not having any 'place'). This situation is traditionally almost unthinkable, as it would basically mean that that individual does not actually exist; that he or she is like a piece of driftwood, wandering aimlessly with no proper roots or cultural identity, a sorry state to be in. There are of course exceptions to this, as there always are in Melanesia, but this is generally true. Western ideas of 'freehold' land ownership, in which land can be bought and sold like a bag of coffee beans, do not gel well with traditional Melanesian beliefs and values, and come from a completely foreign (and not well-understood) view of the world. Within most Melanesian cultures there are ways to lease land, but not 'sell' it permanently (unless there are extreme circumstances). The Western way of looking at land would be considered by most Melanesians as lacking in respect, being evidence of a childish, short-sighted, greedy and non-Christian nature. It should be pointed out that Christian churches have a lot more influence (and percentage of followers) in most areas of Melanesia than they do in most western nations. Melanesians can often be rather shocked to discover that a significant percentage of the foreigners that they may come across either have no land, or very little of it – which may help, in their view, to explain aspects of the seemingly insane assault on the land and its resources currently being conducted by outsiders in parts of the western Pacific. Expatriate readers should note, moreover, that many Melanesians consider outsiders from the English and French-speaking worlds to be representatives of a type of nomadic society, one whose major cultural characteristics is perpetually attempting, by whatever means possible, to steal other peoples'land. History tells us that this opinion is not necessarily incorrect, to put it as politely as possible.
     
  5. Certain outsiders might say that such attitudes are those of a global minority and are outdated, but such a perception would be wrong on both counts. Firstly, Melanesia possesses nearly a quarter of all the languages and cultures on the face of the earth today, so such beliefs are not 'minority viewpoints'. Secondly, innumerable writers, scientists, think-tanks and NGOs have written millions of words over the last decade or more, urgently trying to persuade the public worldwide that it needs to rapidly develop more sustainable lifestyles, ways of life that are less destructive and less consumer-driven. Melanesia contains the largest concentration of societies on the face of the planet which are still essentially self-sufficient – and all this literally on Australia's northern and northeastern doorsteps. Most Melanesians (excepting Kanaks in New Caledonia and those in urban centres) are still based on their traditional land, still produce most of their own food, and most are not completely reliant on 'modern money', the latter being a possibly useful partial addition, but not an absolute essential, for life. Many Melanesians are still closely linked into aspects of their own traditional economic systems which, combined with the safety of traditional land and food, provide immense security and enable continuity of life and culture without having to rely exclusively on monetary or other inputs from outside. Most Melanesian peoples are agricultural experts par excellence (and archaeological evidence shows that certain types of agriculture were developing in PNG around the same times as the origins of agriculture in the Fertile Crescent and Asia). They are also superbly efficient users of bush, reef, and certain marine resources. The 'developed' world can learn a lot from them.
     
  6. Many overseas economists would class the Melanesian nations (excluding New Caledonia) as amongst the world's 'poorest' as well as having possibly amongst the highest levels of 'unemployment.' Such views, however, are only relevant to someone who thinks 'poor=lack of money' and 'unemployment=lack of a paid job'. Neither comparison is actually all that appropriate for large areas of Melanesia outside of the capitals and other urban centres (the major centres of real poverty). The vast majority of Melanesians are 'employed' on (or by) their land, as they have been for untold generations. From this point of view, actual 'employment' levels within Melanesia are probably currently higher, say, than in the US or some parts of Europe. Although traditional communal land-holding systems are a lot more complex than western freehold systems, almost all Melanesians could actually be classed as 'land owners'. This is not something that can be said about the inhabitants of most nations in the so-called 'First World'. Because of these in-built safety factors, Melanesia was/is probably the area of the world least affected by the recent and still unfinished GFC (Global Financial Crisis), in spite of the attempts of numbers of economists, think-tanks, overseas governments and multilateral organisations to try and convince Melanesian governments otherwise. These basic traditional safeguards, then, should be recognised positively as such, and be protected and promoted and not seen, as many outsiders seem to think, as a 'barrier to development'.
     
  7. This of course brings us to the question of what one means by the concept of 'development'. Certain projects that many overseas specialists might class as 'good' development could actually be classed by certain aware Melanesians as 'bad' development. Cutting to the core basics, most Western (and western-educated) economists and planners seem to think that the bottom line in this is to try to make everyone get (i.e. work for, or let go their land for) more 'money'. There is a good and bad side to this in Melanesia. Of course, people may need more modern money to pay school fees, medical expenses, certain living expenses, etc, but money should not be considered the be-all and end-all of life – and of course it would be nice if governments could provide free education (but that education needs to be Pacific-relevant) and medical care (especially those governments raking off incomes from logging, mining or gas projects, etc). Countless generations of Melanesians have survived rather well without it – until recently. Most Melanesian cultures, however, have (or had) their own forms of traditional currency and their own forms of trading and economic systems, and many of these still continue to function, albeit often in modified form. Recognising the supreme importance of the combination of land, food, and such systems, the then Vanuatu government declared (in late 2006) 2007 to be the 'Year of the Traditional Economy', and to emphasise this extended it to cover 2008 as well. This was an outgrowth and recognition of an extremely important Vanuatu Cultural Centre project on traditional wealth items begun in 2004 and supported by UNESCO through funding by the Japanese Funds in Trust for the Preservation and Promotion of the Intangible Cultural Heritage. One of the reasons for the declaration was also to forewarn the population of the fragility of the money-based economy. Sustainability has been the condition most desired, and this aspect was emphasised by the theme of Vanuatu's Third National Arts Festival, held in the capital in November 2009, whose theme was 'Cultural Diversity towards a Sustainable Economy'. A relatively common feature of many (if not most) recent major 'development' projects throughout Melanesia has been a lack of effective sustainability, partially due to an over-obsession with purely financial returns. Although many Melanesian cultures have dabbled with various forms of 'modern' money for well over a century, it has not completely displaced traditional systems in most areas, but has merely been added on to them. Often it has become a sort of 'special purpose currency', useful for the non-essentials in life whilst traditional currencies continue to function as the 'real money for the real things in life' (marriage, ritual, status, compensation and mortuary payments, etc). Reliance on these traditional forms lessens the overwhelming need to fully adopt modern money and therefore is a positive factor in minimising real poverty. Local, provincial and national governments, overseas governments and aid organisations, NGOs and multilateral organisations should all be more aware of this and be sympathetic to the supporting of such traditional economic systems – and the agricultural systems that go with them – as ways of 'minimising poverty' and promoting cultural identity.
     
  8. Another major local benefit of continuing with the use of traditional currencies and economic systems (including agriculture) is that Melanesian peoples are themselves mostly in control of their production and valuation and therefore not beholden to the instability and fluctuations of modern financial systems based in 'remote islands faraway'. It does seem rather farcical to this reviewer that certain economists have not yet seemed to have learnt anything from the recent (and continuing) global financial crises and continue to try and promote a type of western financial economic model whose actual fundamental theory, structure and financial workings have proved to be faulty, dangerous, and often definitely lacking in ethics. Moreover, from a Melanesian standpoint, those western individuals, institutions, systems and tactics responsible for the Global Financial Crises have been those who have supposedly had access not only to the 'best' forms of modern overseas education and the 'best' theories about 'development' but also access to the 'best' forms of modern technology (the latest computers, etc). Thus it would seem logical that any normal intelligent Melanesian aware of this would be rightly wary about any of the above – 'education', 'development', 'technology' – particularly as it now seems as if some of the agents of that worldwide economic private sector hell-bent-for-leather-for more-money overseas world now seem to be massing their forces to try and gain easy access to, and eventual control over, that most important Melanesian asset: Land.
     
  9. Moreover – again from a Melanesian standpoint – it all seems to be being done under the umbrella of the mantra of 'Development,' aided and abetted by a type of outsider called an 'investor'. Any Melanesian worth his salt/betel nut/kava will usually tell anyone willing to listen that many so-called major foreign-inspired 'development' projects have not necessarily brought the benefits promised to – or hoped for by – those who were supposed to be the alleded benefactors: rural islanders. Timothy Kalangis, the son of Chief Tivate Kalangis from Utaune, north Efate, Vanuatu, put it 'straight' when he came to the capital (Port Vila) recently to complain about development and investors in his area: 'Development is a good thing, but it must not make us poor…there is a danger that we ni-Vanuatu may become strangers on our own land' (Vanuatu Daily Post, 23 February 2010). These sorts of comments are heard often within Melanesia – and most are less polite than that quoted. For those on the ground, so to speak, a significant percentage of those new types of foreigners called 'investors' might actually be described more accurately in English as 'speculators', 'opportunists', 'carpet baggers' – or even 'rip-off artists'. There are, of course, many beneficial development projects and some good investors but the latter unfortunately seem to be in a relative minority, overshadowed by much bigger outside interests that may not necessarily have the well-being of Melanesians as a priority.
     
  10. Many overseas individuals, organisations, companies, and even governments can at times become intrigued, puzzled, annoyed, and even angry about Melanesian attitudes to land that they often see as 'holding up development'. Those from overseas may have to resign themselves to more of the same or try and educate themselves in a different way of viewing the world. A basic mistake is that those mentioned above often assume – as they think it is a given worldwide norm – that 'modern money' is an adequate compensation for (what is potentially often effectively permanent) land alienation. It is not. Melanesian cultures have in general, with a few exceptions (including those moneyed elites in the capital cities), not fully adopted the use of money to the exclusion of all else. There are reasons for this and these often have nothing to do with the fact that it is in extremely short supply in most rural areas. Most rural Melanesians (who are the overwhelmingly vast majority of the population) look upon modern money with a combination of desire and apprehension. Money can be useful but it can also be extremely socially disruptive, even dangerous. This is not because of the fact that its overseas valuation base is inherently unstable, but because of its fluid, light, and anonymous nature, which can easily promote envy, jealousy, disputes and violence. Large amounts of it can often act, as white people might say, like a bull in a china shop – or, in a more relevant analogy, like a wild pig accidentally stuck in a full classroom. Unlike most traditional currencies it tends to promote the individual (in a western sense) rather than the group (in a Melanesian sense), unless it is strictly controlled all the time. Some peoples in Melanesia today almost refuse to use it (e.g. many of the Kwaio peoples in the interior of central Malaita, Solomon islands, and segments of the Nivhaal/Naüvhaal-speaking populations in the southwestern interior of Tanna, Vanuatu). For Melanesians, the most relevant comparison might be to liken 'money' to a rather powerfully addictive drug: possibly rather nice in small, regulated, doses, but often extremely noxious if those controls are lifted. There are, moreover, widespread beliefs that one of the reasons one has to be careful of it is that it has a potential disease attached to it – in Vanuatu's Bislama (pidgin) this is known as 'sik blong mani', 'money disease'. Many foreign outsiders nowadays (not previously) are believed to be infected carriers of this disease, either in latent or fully-blown form, or are intent in trying to infect Melanesians with it so that the former, or whoever they represent, can eventually benefit in some way or other. Many inhabitants of the US (and elsewhere) might now grudgingly and sardonically agree with this point of view since September 2008, so it is not completely outrageous.
     
  11. This timely and important publication, In Defence of Melanesian Customary Land, comes as a result not only of rapidly-increasing strains on traditionally-held land in this part of the Pacific, but also as a partial Melanesian addition to and critique of the large AusAID-funded 'Making Land Work' project (2008). The AusAID project, still ongoing, came about largely in recognition of the same pressures, to try and assess the situation and encourage discussion. The written outcomes of this extensive project are published in two volumes available online:

      AusAID (ed), Making Land Work, Canberra, 2008.
      Volume I: Reconciling customary land and development in the Pacific, 132pp.
      Volume II: Case studies on customary land and development in the Pacific, 355pp.

  12. These two volumes are a serious and admirable overview of aspects of land and development in the Pacific, and give historical examples of the ways certain areas have tried, successfully or not, to come to terms with what might seem to be conflicting aspirations of social change. Aware of the extreme sensitivity of land issues in the Pacific, the AusAID editors plainly state that the publications have been done not to push any particular viewpoint nor development model, but as an awareness aid to a complex topic in a part of the world at a social crossroads. It will be widely read by expatriate academics, specialists and planners outside and within the Pacific. The weighty format, however, is of a type that most Melanesians will not necessarily be queuing up to read, even if one is a government official and free copies are sitting on one's office shelf. Most rural Melanesians have no easy access to functioning computers, so may not necessarily be queuing up either in forest internet cafes to download the rather massive file to read it online. This does not detract from the fact that it is a hefty and important work, but many Melanesians are uneasy – not necessarily because of the report itself but because of what it may represent, and subsequent linked projects or pressures. 'Making Land Work' is a very nice title, but Land in Melanesia has been working well with and for its inhabitants since before any of the current nations in Europe were actually founded. Most of the sections are written by scholars and researchers, mostly expatriate or jointly with a Pacific islander, but a significant number come from expatriate consultants some of whom are linked into the 'development' world/industry. The term 'consultant' does not necessarily have, amongst Melanesians, the same cachet that it might have in the outside world and those called by that term are often viewed with a certain amount of suspicion. Real grass-roots voices from Melanesia are few and far between and, although some of their views are outlined, they are often done so in a way almost as if these are voices from a disappearing world that has to be made respectful reference to but will soon have to change. The combined weight of the presentations effectively subconsciously pushes a rather market-oriented economic approach, whether it means to or not. This may be why many Melanesians feel uneasy about it: they don't necessarily have to read it to know what the real aim may be, and although the real aim may not necessarily be what they think, the ultimate end result may be what they think. They will eventually lose their land, the only real security they have. Within Melanesia, part of this apprehension, and sometimes anger, is currently associated with linked projects of land title registration or 'land reform' that some feel are being forced hurriedly upon them.
     
  13. They are possibly right to be concerned. Land title registration in parts of the western Pacific (and many other areas of the 'developing' world) has had a very chequered history, and it is only normal for Melanesians to be suspicious about it. Outsiders should be sympathetic to these apprehensions. Within parts of the western Pacific, various types of such 'legalising' approaches, some forced and some not, have often caused acute problems for many Melanesians for well over a century. Current concerns must be seen in this historical context. Many Melanesians, moreover, doubt the real long-term validity and safety of modern legal-type agreements, often saying that although traditional laws always remain the same, 'white man's law' (which can often mean also the laws of modern Pacific states) changes frequently to suit the purposes of those 'in charge'. To put it mildly, the 'outside' world does not necessarily have a good reputation in much of the Pacific for matters dealing with land. Nor does it have a good reputation in many other areas of the world, where the history of land reform or registration projects have often been the prelude for eventual land theft by either colonial or independent governments, mining companies, or whatever. Taking land out of its safe control and sustainable use under communal traditional oral systems and agreements and putting it into some 'legal' written form can be looked upon as the thin end of the wedge for eventual land alienation, in whatever form. Of course, development advisors and overseas and Pacific governments themselves may say 'Ah, but now things are different', but they are not really. In fact, because of the seemingly mad race for the exploitation of resources and 'development', in many instances the situation is currently potentially even worse.
     
  14. Resource hunger from the outside world is an increasing threat to Melanesian populations. Although almost all land in most of Melanesia is still under customary control, there are numerous ways that this can be taken from them. Let this reviewer give an example from another area of the world: Alaska. Indigenous land rights were legally recognised when the US originally purchased Alaska from Russia, and were re-recognised when it became a US state in 1959. These land rights proved to be an impediment to those forces that wanted to build a pipeline and extract the oil and gas deposits so, on behalf of the potential exploiters (who eventually turned out to be BP and Exxon), the US Nixon government began legal manoeuvrings from 1969 to take corporate control of indigenous land. This resulted in the reassuring-sounding Alaska Native Claims Settlement Act. The act, however, contained a trick clause 'unique in US history: Rather than create reservations in which there would be a sovereign territory held for Natives in perpetuity, Alaskan Natives would be given shares of stock in a dozen or so corporations. The corporations, not the Natives, would own the land…. Most important, because the land was corporate real estate, not reservation property, it could be sold. Today, most of the Native Alaskan corporate land of the Prince William Sound is owned by people who don't live in Alaska. The remaining Natives are now tenants of the land their ancestors have lived on for 3,000 years…Native leader Gail Evanoff told me, that was the plan from Day One. 'They set it up for us to fail. They put it in a form they could take away.'[2]
     
  15. At the moment, Papua New Guinea is the Melanesian independent country most likely to benefit – or have its population largely marginalised or ripped-off – from or by potential resource-extraction projects.[3]. As of September 2009 there were 79 mining companies working in the nation. Including PNG itself, those overseas companies come from Australia, Canada, China, South Africa, Japan, Singapore and the USA. The massive new LNG (Liquefied Natural Gas) project (mostly linked with Exxon Mobil), to pipe liquefied natural gas from the Southern Highlands promises massive potential incomes to PNG, and could be very beneficial if done correctly. In spite of supposed massive campaigns to enlist public agreement and traditional landowner support, however, there is much local concern – and growing violence – related to worries about correct recognition of traditional land rights and appropriate (and reliable) compensation. Some Southern Highlands groups seem relatively positive about the project, others not. Not all the current (May 2010) tribal fighting – involving, it is said, several major groups and 18,000 people – in Hela and Southern Highlands provinces are linked to this project, but some might be a spin-off from the feelings generated by it. The Tuguba/Hewa peoples near Hides in the Southern Highlands have traditional knowledge, and associated beliefs and rituals, regarding the gas deposits in their area. There called Laekebo (nicknamed 'the fire that never dies'), surrounding peoples say that it should not be given to the 'red leg' (white man) without proper and adequate compensation. The presence of a relatively small Australian gas extraction company there for the last couple of decades, allegedly providing minimal benefits to most people in the area, may have led such groups to be more cautious about the big LNG project. In May 2010 a spokesman for some of the Tuguba peoples, Simon Ekanda, commented on the LNG project with the words 'It's just like raping a woman.'[4] Concerning the LNG project, neither the overseas company/companies nor the PNG government departments involved seem to inspire much confidence amongst many landholders nor amongst local environmentalists.
     
  16. Regarding the Environmental Impact Study done for the PNG LNG project in the Gulf area, an environmentalist employed by the Gulf Provincial Government has said that the impact assessments paper done by the developer would, if presented in countries like Australia, Canada or the US, be used as 'toilet paper'.[5] Looking at the actual formal agreement between the PNG government and the developers for the LNG project, Dr Allan Marat (former PNG Attourney-General and Justice Minister) has said, 'This gas agreement was drawn up overseas. It was taken away from our government negotiating team and structured overseas. And now we are forced to dance to the music of foreigners.'[6] It is not, however, only foreigners to blame. In the race to get the LNG project going as quickly as possible, the customary land registration pressure is immense, and many Melanesians are worried or holding back any form of agreement. In May 2010 Pepi Kimas, the PNG Secretary for Lands and Physical Planning, tried to reassure landholders with the words 'Customary land registration is not going to remove land from customary land owners, its about them registering their land to develop and create wealth for themselves and their families'.[7] A month before he issued this statement, it had been reported that the PNG government Department of Petroleum, responsible for paying out regular agreed fees for land use for other similar and already ongoing projects, had been breaching the terms of the Oil and Gas Act by not regularly paying many landowners their monthly royalties. The accounts were said to be in a chaotic state, and some potential recipients, in the Gobe and Kutubu areas, were said to have had no payments listed since December 2007.[8] In the type of move blatantly familiar to anyone with a knowledge of resource extraction in the 'developing' world, the PNG parliament hurriedly passed, on 28th May, the Environment (amendment) Bill 2010. This fundamental change to the Environment Law 2000 effectively prevents traditional landowners and third parties from instituting legal proceedings against developers over alleged environmental problems. Typical of 'corporate-friendly' legislation amendments worldwide, it was introduced in the parliament by the Environment and Conservation Minister, the government official supposedly tasked with protecting the environment.

    Meanwhile, across the border in the Indonesian province of Papua…
     
  17. But the above is possibly enough for the moment, although it is only touching the tip of the yam heap. Read In Defence of Melanesian Customary Land, and read between the lines. It is a cry from the Melanesian soul. This is not just about land rights; it is also about human and cultural rights. Congratulations to the authors and publishers. Maybe certain overseas advisors, companies, institutions and also certain Melanesian government officials should be given listening time alone in a large hut full of irate rural Melanesian women. That would quickly teach some of the former not to denigrate the widely-held Melanesian concept of 'Mother Ground' (or in some areas is 'Father Ground'), and might induce them to envisage a more beneficial, sustainable, form of development. Following wrongly-conceived and outdated economic development models that emphasise money instead of land security, food security and social and cultural contentment are extremely worrying to most intelligent Pacific Islanders. Such actions may eventually lead, to borrow a language term from our Pacific brothers and sisters far to our east, in Tuvalu, to a vast number of Melanesians being considered as faka'alofa: 'a person with no land, deserving pity and charity'. This is to be avoided at all costs.


    Endnotes

    [1] Tim Anderson and Gary Lee (eds), In Defence of Melanesian Customary Land, Sydney: AID/WATCH, (April) 2010, 44pp, ISBN 978-0-646-53237-0, online: http://www.aidwatch.org.au/publications/publication-in-defence-of-melanesian-customary-land, accessed 2 June 2010.

    [2] See G. Palast, 'Emperor Hickel: The Man Who Invented Alaska…and Sarah Palin,' in Greg Palast: Journalism and Film, 10 May 2010, online: http://www.gregpalast.com/emperor-hickel-the-man-who-invented-alaska-and-sarah-palin/, accessed 1 June 2010.

    [3] For those of you who may wish to learn more about how certain big resource-hungry companies actually work, and what influences they often have on nations, read John Vidal's 'The real cost of cheap oil.' Bear in mind that what is said is relevant not just for certain oil and gas companies, but also for some of those extracting gold, copper, nickel and whatever, and not just in the 'developing ' world. Of course, one should also bear in mind that however much one complains about certain western concepts, approaches, or companies, the increasing influence and power of similar pressures from Asia may eventually prove to be even more harmful for Melanesian interests. See John Vidal, 'The real cost of cheap oil', Guardian, UK, 27 May 2010, available online at http://www.guardian.co.uk/commentisfree/cifamerica/2010/may/27/cheap-oil-cost-developing-countries, accessed 2 June 2010.

    [4] Simon Ekanda, in 'Resource Rage' by Amos Roberts, a 20-minute documentary film broadcast on Australian TV, Dateline, SBS, 9 May 2010.

    [5] R. Palme, 'Environmentalist says PNG LNG environment report rushed,' in Sunday Chronicle, PNG, 4 April 2010.

    [6] 'LNG law foreign, says former AG,' The National, PNG, 18th May 2010, online: http://www.thenational.com.pg/?q=node/9202, accessed 2 June 2010.

    [7] Quote from Pepi Kimas cited in Harlyne Joku, 'Wealth from land, answer to poverty,' Post Courier, PNG, 13th May 2010, online: http://www.postcourier.com.pg/20100513/thhome.htm, accessed 2 June 2010.

    [8] Robert Palme, 'Royalty trust accounts in chaos,' Sunday Chronicle (PNG), 4th April 2010, online: http://sundaychronicle.blogspot.com/2010/04/royalty-trust-accounts-in-chaos.html, accessed 2 June 2010.



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