Tag Archives: Customary Land

Peter Donigi and Indigenous Land Rights in PNG

By John Endemongo Kua

Peter Donigi
Peter Donigi

All good things come to an end, and as such, the life of an outstanding scholar and gentleman, had come to pass yesterday morning, here in Port Moresby.

The late Donigi and myself, did not see eye to eye on many national issues of importance to the nation not because of the principles behind the issues, and nor did we allow each other the opportunity to discuss or debate issues of importance to the state or international concerns, simply because he was a Sepik and I a Chimbu, and we were rallying, behind the powerful men of post independence politics, with him standing stoically behind Somare as a kinsman and myself behind Okuk.

For the better or worse, most political cadres were consumed in this shallow and empty game of cloak and dagger political manoeuvres, that destabilised the national progress in many respects to the detriment of this nation state.

Despite the hostile environment of ethnic and regional divide, reason prevailed in men of valour, such as Peter Donigi, who was an astute scholar in law and sociology, and was the chief advisor to the longest serving prime minister, in Sir Michael Somare.

I found a deeply, rooted alliance, with him, where in, he was able to premise the greatest legal blunder, crafted by the Caucasian race of European, who had frolicked the vast oceans for new lands and territories, which they annexed with force of their own self serving inequitable laws that nullified the interests of the indigenous people who were natives of the land.

Donigis arguments, on indigenous land rights, had received international attention, peaking with the United Nations General Assembly, which had passed a resolution, declaring that the indigenous people of any nation state, possessed an inalienable claim to land upon occupation and usage.

Unfortunately his intellectual ability to logical reasoning could not find anchor the political masters of our nation, including the dinosaurs of PNG politics, particularly his own Sepik Kukurai, where he had difficulty in convincing that the land actually belonged to the indigenous inhabitants, including its other properties such as the vegetation and it’s subsoil elements.

In 2005, I called into his office at the UPNG, where he was tutoring in law, and probed him on the possibility of introducing amendments to the existing legislation particularly in relation to inorganic resources in minerals and hydrocarbons. He may have had a bad day, or his mind was engaged or something else was happening, but he reluctantly dismissed my notion of an amendment by pronouncing, his motion in court applying S. 19 of the constitution to interpret the relevant mining and petroleum laws in accordance with S. 53 to include the rights of indigenous customary land right holders.

There was nothing I could do as a non lawyer, but to take my fight at the legislative front to rest my case, and to prove to Donigi that people power can be harnessed to change the legal framework for the better and faster route to restoring equitable rights.

Luck struck, on the 18 July, 2008, when I stumbled over Boka Kondra, the member for North Fly, who had presented a grievance debate on the misgivings of the gigantic Ok Tedi mine in the Star Mountains, which had little or no benefit for the indigenous land owners.

I approached him, that day, and convinced him that, he had the privilege to move a private members bill to amend the Mining Act, to remove the state, and restore the indigenous land owners as the legitimate proprietors.

Kondra accepted my proposal and gave me a blanket power of attorney to co ordinate the drafting of the amendments on the 03 of February, 2009.

I fired the instructions, to Pakgne Lawyers, to draft out the amendments to the Mining Act of 1992 and the Oil and gas Act of 1998.

The private members bills were sent to the parliamentary legal counsel for recourse, and had subsequently put on the notice paper for debate by the clerk of parliament.

For presentation and elaboration, I could think of nobody, better than Donigi, and therefore rang him and invited him to the presentation at the state function room, where he authoritatively convinced those present that, such was the law.

We endured a long campaign with him finally, drafting a master piece legislation, which Somare had shunned, and now O’Neill likewise.

Boka Kondra got caught in the maze of self glorification and aborted the proposed amendments, in exchange for a cabinet post.

With the death of the great champion of indigenous peoples land rights, I now declare war the puppets of foreign investors.

Office needed to address customary land issues

A SEPARATE office needs to be established to deal with customary land issues, principal and director of Niugini Land and Properties Ltd Dr Charles Yala says.

Speaking at a panel discussion during the 35th Australia-PNG Forum and Trade Expo yesterday on the topic of unlocking customary land in Papua New Guinea, Yala said the Department of Lands and Physical Planning needed to effectively address the issue for the potential benefits it could engender.

“They (Lands Department) are not designed or equipped to accommodate customary land and that is where the problem is,” Yala said.

“The private sector wants land, developers want land, landowners want to mobilise their land. They don’t know where to go, who to see regarding customary land and how to go about.

“It is important that an office is established, or a separate entity is established that takes custody of the 17 resolutions of the 2019 National Land Summit and drive development of the customary land.”

National Research Institute research fellow Logea Nao said during the National Land Summit last month that the discussions and reviews had come up with 17 resolutions. These includes:

  • Land owner identification. There should not be one single process of identifying landowners in which establishing a structured process for the identification of customary landowners is critical for the successful mobilisation of customary land for development;
  • incorporated land groups (ILGs). There is no clear consensus on the usefulness of the ILG as a vehicle for mobilising customary land for development thereby the relevance of the ILG as a vehicle for mobilising land for development needs to be reviewed with the view to amend or repeal the ILG Act; and,
  • Benefit sharing. A structured benefit sharing arrangement for incomes generated from the mobilisation of land is required for development on which developing a legal framework that guides the mobilisation of customary land for development and the distribution of the proceeds from the development.

Yala said there was no policy and legal framework on resettlement.

“Our mining industry is calling out for land for resettlement. There are people that need to be resettled because there is mining activity. They don’t know where to resolve and how,”

he said.

“There is no legal framework and there is no policy.”

Plans to merge land commissions

THE Government is looking at merging the National Lands Commission and the Land Titles Commission under a new organisation which will be called Lands Tribunal Commission, Minister for Justice and Attorney-General Davis Steven says.

Steven presented a statement in Parliament yesterday on the National Lands Commission (NLC) and said the commission was established under the National Land Registration Act and it conducted hearing on former customary land acquired by the colonial government prior to independence to ascertain if any settlement awards could be awarded and kept a register of such national land.

“It is also important in ensuring titles are formally issued to the state as this is a very important factor when discussing economic development issues in the context of our country,” Steven said.

He said it was one such practical issue that was discussed as part of the government’s efforts to address the themes developed for the leaders’ summit this year.

“So under the current white paper on Law and Justice in Papua New Guinea, there is a proposal to merge both the NLC and the Lands Titles Commission as the Lands Tribunal Commission,” Steven said.

He said the Department of Justice and Attorney-General had initiated administrative arrangements on the merger and was finalised for the legislative framework subject to any further review of the white paper.

“I hope to bring before Parliament for consideration when it is ready,” Steven said.

First Negotiators Certificates for customary land issued

Minister of Lands, Ralph Regenvanu, yesterday handed over the first Negotiator’s Certificate to be issued for a lease application for rural customary land under the new land laws to the Vanuatu Football Federation (VFF) for the development of a futsal field and football field at Paunangisu village, north Efate.

This certificate was one of three certificates issued yesterday for applications to lease rural customary land, the other two being for residential leases at Matantapua (Malapoa area) and Pango.

The Government’s 100 Day Plan has been the aim of having 15 Negotiators Certificate issued within the Government’s 100 Days.

At the same time as this first Negotiator’s Certificate was issued, the Chairman of the Land Management and Planning Committee (LMPC), Professor Don Patterson, also took the opportunity to hand over to the Minister for Lands the annual report of the LMPC for 2014 and 2015.

According to the Land Reform (Amendment) Act No.31 of 2013, the Committee is required to produce and annual report to be tabled in Parliament which details all the applications and leases processed by the Committee in one year. The Minister of Lands assured the Chairman that this report would be tabled in the next sitting of Parliament.

Source: DailyPost