Commission of Inquiry ordered into SABL
An intensive campaign led by the PNG Eco Forestry Forum (EFF) and its member NGO’s since the beginning of this year was finally rewarded when the Government by the Acting Prime Minister Sir Sam Abal on the 29th June 2011 publicly ordered a commission of inquiry (COI) into the Lands Department and the supposedly fraudulent acquisition of customary land through the granting of Special Agriculture and Businesses Leases (SABL), a process provided under the Lands Act 1996. Also announced was a moratorium on the granting of SABL and Forest Clearance authorities. Subsequently, on the 3rd July 2011, the Acting Prime Minister announced publicly the composition of the Commission of Inquiry, its duration and its terms of reference for its establishment. The COI is given three months to complete its investigations and to provide a report to NEC to be presented to parliament. The inquiry is scheduled to commence on the 12th of July 2011 and is to be completed by end of September.
The campaign was led by the EFF and the Centre For Environmental Law and Community Rights (CELCOR) and was supported by members, being concerned that agro forestry projects were being used as a mode to grab customary land for logging purposes being an easier way, less stringent than the established, more accountable procedure under the Forestry Act 1991, which requires a completion of some 34 steps before a timber permit can be granted. The issue was raised both locally and internationally and involved presentations at seminars, conferences and submissions to international complaint bodies to invoke support and encourage investigations by relevant bodies into the issue. Locally the campaign involved open letters to the Government taken out as adverts demanding action and recommending ways of dealing with the issue, among which the establishment of the Commission of Inquiry was one. The Forum Secretariat with members, CELCOR and FPCD also went on air to raise the issues especially on radio talkback programs with FM100 and the National Broadcasting Commission (NBC).
At the Chattam House, United Kingdom EFF declared large scale logging practices in PNG as still illegal, highlighted SABL as one form of illegal logging in an attempt to define illegal logging as by the International Tropical Timber Organization (ITTO) definition. A similar presentation was made also by EFF at the James Cook University, Australia resulting in the ‘Cairns Declaration’ calling for a moratorium to the issue of SABL’s, which was published as an advert in the daily newspapers and raised a lot of discussions on the issue.
CELCOR in a submission to the UN Committee on Elimination of Racial Discrimination (CERD) emphasizing the alienation of customary land from indigenous people which is therefore a breach of basic human rights and requested investigation into the matter. The Committee responded by a letter dated 11th March 2011 to the PNG’s Ambassador to the United Nations expressing concern on the issue and requested for response from the PNG Government on the issue by the 31st July 2011. This helped to attract international scrutiny leading to the announcement of an inquiry into the issue and the establishment of a commission of inquiry subsequently.
Listed below and following is an indication of the steps taken in the campaign on the issue that led to the establishment of the Commission of Inquiry by the Government to;
1. EFF’s open letter to Lands and Physical Planning Minister – 16th March 2011 (Post Courier)
2. Advertisement on the open Forum on the website: 16th March 2011 (Post Courier)
3. Advertisement on the Cairns Declaration: 21st March 2011 (Post Courier)
4. Talk Back on FM 100 and NBC: March 24th and 29th 2011
5. Media Conference/Mix: April 5th 2011
Articles published with contribution and assistance from members that gave a wide coverage on the issue. Listed are articles in the Post Courier both as editorial and news articles;
1. Land rights under threat – editorial Post Courier: Wednesday 6th April 2011
2. 5.2m ha of customary land ‘lost’ – Post Courier, Thursday, 7th April 2011
3. Mekeo Land Owners fight logger – Post Courier, Thursday, 7th April 2011
4. Largest land lease for Purari – Post Courier, Monday, 11th April 2011
5. Kimas hits back at lease critics – Post Courier, Monday, 11th April 2011
6. PNG land reform is a sham – editorial Post Courier, Friday, 15th April 2011
7. Asian posing as oil palm agent – page5, Post Courier, Friday, 15th April 2011.
8. Land Owners criticizes NBPOL lease statement – page 6, Post Courier, Tuesday, 19th April 2011
9. The hidden agenda – page2, editorial, Post Courier, Wednesday 27th April 2011
10. Illegal land deal approved – page 3, Post Courier, Wednesday 27th April 2011
11. Kimas denies land titles deeds approval, page 5, Thursday, 28th April 2011
12. Cabinet to consider review of SABL, pg 6, Monday, 2nd May 2011
Abal orders inquiry, pg 1, Friday, 6th May 2011
