Part 4 - Conclusion of Land groups / rural development denied - Anthony Power

PAPUA NEW GUINEA - BUAI DIGITAL INFORMATION PROJECT
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Part 4 - Conclusion & Policy / administrative considerations of "Development denied: customary land management neglect & the creeping balkanization of Papua New Guinea"

continuing from PART 3 ...

Policy and administrative considerations

ILG Management

The Registrar of Title in the Department of Lands and Physical Planning has no ability to implement the act. In practical terms it remains that a way forward must be found to assist the DLPP to develop the necessary support in the provinces to give effect to the responsibilities of the Registrar of Title for Land Groups. A proposed scenario for implementation has been developed for endorsement and action by DLPP. This proposal is included as Attachment 1.

A key element of this proposal is the recognition of the need for training in implementation of the Land Group Incorporation Act Detailed knowledge regarding the ideal implementation of the LGIA is confined to a relatively few practitioners round the country basically from resource projects. The subject is not taught at any university land course stream. A way must be found to ensure that the subject is taught at the tertiary level

Sourcing support for Incorporated Land Groups

There are some forces that would work against ILGs developing mature management. Included in these are

Leaders who thrive on the ignorance of their members and whose position is only maintained by keeping members dependent on them.

Exploiters who divide and rule by favouring certain members to act contrary to the best interests of their group.

However the biggest problem facing the ILGs is that they have no support once they are incorporated and selfish individuals begin to exploit the ILG for their own benefit, thus undermining the very purpose of the Act. The Registrar of Title can incorporate the land groups but has no structure, resources, nor methodology to assist the land groups in the field. So far developers and the Forest Authority have adopted the view that their efforts ceased after the groups were incorporated.

There is an urgent need for a national body to have carriage of the Land Group Incorporation Act just as the Investment Promotion Authority has carriage of the Companies Act. The following table illustrates a possible mechanism to involve all the stakeholders to make ILGs effective.

Table No.3: Stakeholders in the ILG process

AGENT	RESPONSIBILITIES	ACTIVITIES
REGISTRAR OF TITLE	Administration of the Land Groups Incorporation Act	Oversees the process of incorporation Issue titles Maintain a database
	Remedial actions	Clean up the present situation possibly by hiring short term consultants such as national kiaps experienced in the ILG work. (An Action plan for vetting the Kutubu ILGs is in place and is being pursued under the leadership of DPE)
	Provincial buy-in in regard to joint ROT/Provincial Government ownership of implementation of the LGIA.	Negotiate MOU with all provincial governments to tie in Commerce Divisions and DO Lands function to active support for the LGIA Consider possibility of delegation some of the functions/powers to the provinces. Clarify the statutory powers of the DO Lands position under the reformed OLPGLLG. Ensure that these same powers including powers in regard to the LDSA are vested in regard to the LGIA.
	Technical support	Arrange for nationwide technical support workshops possibly with donor funding. This to include both Lands and Commerce Officers envisaged by the DLPP/PG MOU.
	Issues	Assess the need to expand the preamble to the LGIA to explain its broader purpose. Clarify the status of Village courts in regard to land matters. Investigate the legal possibility of third parties (e.g. Provincial Division of Commerce Officers) initiating court action in regard to fraud by ILG members) Investigate penalty provisions for misuse of the LGIA Act.
PROVINCIAL LANDS OFFICERS	Conduct field work in the land groups areas.	Undertake land investigations Construct genealogies for the group and facilitate development of land group constitutions that fit specific custom Identify clan property lists Draw up clan census Certify authenticity of proposed land groups in response to notice from ROT.
	Conduct training of ILG committees in exercise of their responsibilities	Identification and training of village ILG workers Specifically train ILG Dispute Settlement Authorities
	Provide ILG management support in the village	Facilitate dispute resolution by use of powers of the LGIA and the ILG Constitution Ensure that village meetings are held according to ILG constitution and that minutes of decisions are kept. Encourage Committees to delineate land holdings, record tumbuna stories related to land etc. Encourage Committees to maintain up-to-date records for the benefit of the present and future generations.
	Clan Census	Liaise with the Department of Provincial Affairs and Village Services to facilitate village enumerators establish Village Census Book wherever whole villages have their land groups incorporated Assist the village enumerators to maintain the Village Census Book.
COMMERCE DIVISIONS	Take ownership of the ILGs as corporate entities	Manage the paperwork of the incorporation process Field queries from ROT Liaise closely with the DO Lands Officer function both in provincial headquarters and in the districts. Collect certificates and issue to Land Groups
	Provide town-based support to landowners in management of their ILGs	Maintain a database of all land groups in the province Hold workshops for ILG Committee members on running the corporation, maintaining decision records, managing ILG finances, accessing savings in banks, investing for the future etc. Assist ILGs with their statutory compliance in regard to lodging up to date records with the ROT.
LAND GROUPS	Incorporation process	Clan members become fully involved in Preparation of ILG Constitution Preparation of genealogy Preparation of property lists Identification of Dispute Settlement Authority Identification of village ILG workers Demarcation of clan lands
	Management of the corporate entity	Conducting meetings according to the ILG constitution Recording decisions of the Land Group Accessing ILG finances Ensuring there is a fair distribution of clan income to all members of the clan.
	Ensuring stability and sustainability of the clan	Involve the elders and the youth Manage the Dispute Settlement mechanism of the group to address any disputes Care for the environment Invest for future generations
	Membership and property	Assist enumerator maintain the Village Census Book Maintenance of group membership records Complete demarcation of land boundaries
DEVELOPER (This includes other user entities such as Forest Authority, Telikom and Elcom.	Incorporation process	Facilitate the District Officer Lands to undertake incorporation programme. Ensure that the DO Lands has the resources of manpower and logistics Establish and maintain an electronic database which is made available to Government e.g. Commerce and Provincial Lands
	Community outreach (extension)	Ensure that all extension staff _ are familiar with ILG program _ relate to each clan group via their identified leaders as in their ILG Committee Ensure that all Lands Officers deal with the Land Group using formal management provisions of the ILG constitution. Conduct formal training programmes as appropriate and in conjunction with government officers.
LANDOWNER ASSOCIATIONS	Membership	Maintain accurate list of ILG members Facilitate use of computers in the entire system Facilitate paperwork for member ILGs. Training of cadres of ILG village land workers
	Management	Inform, educate and consult with members on issues affecting them all Sustain ILGs and ensure that customary principles are maintained. Take overview of issues affecting members such as equitable distribution of cash benefits via ILGs Maintain Companies Act compliance
LANDOWNER COMPANIES	Shareholding	Maintain accurate list of ILG shareholders Maintain up-to-date Companies Act compliance
	Management	Pay dividends to shareholder ILGs Communicate regularly with ILGs in relation of performance of their company Educate ILG shareholders to separate nature of corporate entities.

Suggested Relationship between Stakeholders in the Land Group Incorporation Process.

suggested stakeholder relations in land group incorp. process

Conclusion

The Government of Papua New Guinea is urged to take decisive steps to implement the Land Groups Incorporation Act in a way that meaningfully involves customary owners in management of their land to meet the challenges facing development in Papua New Guinea today. This will require the formation of a Rural Development Unit with full backup of resources and a trained cadre of land workers to implement the LGIA via the provinces. This can be accomplished by a minimal amount of legislative amendment and a lot of training. Failure to act now will entrench contempt for government in the rural areas and promote fragmentation of the nation state.

By: A. P. Power,
e-mail author A.P. Tony Power: powerap@daltron.com.pg
Tony Power, Managing Director, Sago Industries Limited, PO Box 1907 Port Moresby, Papua New Guinea ©2000

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REFERENCES

GOPNG 1973 Report of the Committee of Inquiry into Land Matters, Port Moresby

GOPNG 1974 Strategies for Nationhood: Programmed and Performance. Central Planning Office, Port Moresby.

GOPNG 1975 National Constitution of Papua New Guinea

GOPNG 1983 "Report of the Task Force on Customary Land Issues"

Power A P 2000 Land Group Incorporation: Village and Legal Guides pp 57,58.

Larmour, P. ed. 1991 Customary Land Tenure: Registration and Decentralization in Papua New Guinea. National Research Institute, Port Moresby

Land Titles Commission, 2000, "Appeal in respect to the Gobe, South East Gobe customary Land Ownership Dispute".

Fingleton, J S 1991 "The East Sepik land Legislation" in Larmour, P 1991 opp. cit.

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Reference: ARTICLE ABSTRACT
This paper examines the performance of governments over the last 25 years in relation to customary land and argues that there is a direct relation between this neglect and the negative development in the rural areas of the entire country. Furthermore there is a connection between neglect of customary land and the present tendency towards fragmentation or Balkanization of Papua New Guinea. The paper makes a plea once again for government to formally address management of customary land. We have the laws. We know what to do. We need to develop the political will to include all the population in development not just those in the modern sector.

The paper begins with a brief history of high points in development of the philosophy of customary land management in the last 30 years. The next section deals with the track record of successive governments and then goes on to make some practical suggestions as to the way forward towards involvement of all the land groups in the country in development.

By: A. P. Power,
e-mail author A.P. Tony Power: powerap@daltron.com.pg
Tony Power, Managing Director Sago Industries Limited, PO Box 1907 Port Moresby, Papua New Guinea © 2000

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