I echo the P Courier (Fri. 4th Dec 09) letter writer ‘Landowner-Hides’ who tells the Govt. not to force landowners to sign the LBBSA. An agreement is evidence of mutual understanding about some issue. There have been several newspaper reports of ‘leaders’ telling disgruntled landowners. “OK we shall put your slice of the benefits into a [safe] trust account, to be distributed when the problems you are raising have been solved: obviously they mean some time in the future, meanwhile we will press on with implementing the project. Surely that is a contradiction of a basic attribute of an agreement and must mean any purported Agreement is illegal.
One of the major ‘stake holders’ (hate that cheap phrase) is the government that is on record as misusing the income from the exploitation of the nation’s natural, particularly mineral, resources. It is therefore vitally important that the landowners of the areas impacted by LNG or any other development are provided with adequate opportunities of settling unsolved current distribution of royalties, compensation and court orders – BEFORE any new project is begun in their areas.
To Exxon, Somare, and other interested parties, especially outside PNG, the strong vocal demands of landowners expressed in noisy disrupted meetings and sometimes with violence, may appear to be the cries of greedy, lazy tribespeople trying to get on the ‘gravy train’, ‘feather their nest’, ‘get their hands in the trough’ etc etc but landowners must be listened to!
There are far too many nations in this world, which have rode roughshod over the indigenous rights of their people and where vast swathes of native land has been alienated by a few educated elites and their descendants who now treat the poor of the countries as peasants or slave labour for past and sadly now current exploitation that affords those elites with vast wealth.
PNG has vast wealth and it lies on or under the land of 80-90% of its people through customary land tenure. Therefore respect them and their needs, wishes and yes demands or go elsewhere!
The land ownership of PNG is a hindrance to the western capitalist model of development but as any worthy businessman knows a problem is there to be solved. For my past 40 years of association with this beautiful nation there have been several attempts to try and solve it. In my westernised immaturity on such matters I even got a mention in my early days with the first ‘Land’ enquiry, when I gave my take on the topic. Ever since that
I have been in a learning mode.
The current trend in land matters came to the fore in the sudden surprising gazettal in 2008 of three blocks of Central Lavongai for ‘Commercial & Agricultural development’. To the vast majority of this matrilineal organised tribe made up of 12 clans it had been a secretive move. Elites had spent time incorporating land groups; sometimes without the knowledge of any clan members who they knew or suspected would have opposed such incorporation. It is forbidden by law for any ILG (Incorporated Land Group) to involve itself in commercial activities. To do that they must form a Management Company that will then deal commercially with any would be developers in the individual or as in Lavongai’s case several land group area.
You will also note how the land gazetted was to be for Commercial or Agricultural use (for 99 years). The areas in Lavongai are still rich in natural rainforest and to make any development would lead to felling of these valuable trees. But cunningly as an agricultural lease it would circumvent the laws of Forestry and of course could mean clear felling, which is illegal, of every tree in the area, without supervision by skilled and supposedly impartial forestry officers.
An added insult to the now defacto landless Lavongais living in the three areas is that in the gazettal it stated that there would be no Land rental during the term of the agreement. No ‘Benefit Sharing Agreements’ yet for these suddenly impoverished rural people. In other words they and the State would not receive any monetary input for the agreement and the rule of contract once was that ‘There must be consideration’ for it to be legally binding.
The traditional land tenure system of PNG had been superseded by an educated elite – for the next 99 years, atleast.
Sadly this is not only a problem for my children and grandchildren who were never consulted about the now ‘done deal’ and they come from the huge Hornbill (tok ples - Benge-benge or pidgin - Kokomo) clan which has land rights in most areas of the island sub-district; but it is repeated all over PNG. You weekly see some mention of a Management Company going ahead with deals for massive rural development projects. Several are for cassava or tapioc bio-fuel projects. One will transport the cassava to an overseas factory for refining ‘until viability’ has been established to build a factory in PNG.
You may recall the thankfully aborted but attempted commercial alienation of a huge area of the Milne Bay island of Woodlark (80000 hectares) for an immense agricultural project, tremendously impacting on the 6000 people of the beautiful island. The company, Malaysian Agriculture Sprit Group Vitroplant would allegedly clear 70 per cent of the island’s forest into oil palm plantations (P Courier 19/06/09) or read more detailed story by Jeremy Hance at
http://news.mongabay.com/2007/1213-woodlark.html.
P Courier also reported (28/05/09) on Limawo Holdings Ltd joint venture project with WADL (Wewak Agricultural Development Ltd.) in East Sepik that took over nine years to get going and involved 56 Incorporated Land Groups. It will involve 56 major oil palm plantations and would be bigger than WNBritain’s mere 6 plantations. It however does mention Benefit Sharing for the participating ILGs. (I recall the fighting and ill feeling that sprung from the similar Bait Royalty payments sharing that hit New Ireland in the late 70s) PNG’s new oil palm projects ignore the policy of the Oil Palm producers not to allow membership of the worldwide Oil Palm Growers Association that is said to exclude oil palm product from any newly cut rainforests. The unmentioned directors or owners of Limawo, WADL and/or elite in the Sepik, of which the Somare family is one, must know something the public do not.
I mention all this because the collective readership of exkiap must have brains enough to seriously consider the
so-called land-problem that I prefer to call land-opportunity and how traditional land tenure could be incorporated into a viable system whereby landowners could directly participate in the economic use of their clan lands, if they wished.
I leave you with one related question to kick off with:
Why did the new legislation not allow Incorporated Land Groups to deal directly in commercial activity?
Samting bilong graun
Arthur