An anti-logging NGO in Papua New Guinea says a court victory for a landowner group who sought to overturn controversial land leases wouldn't have had to happen if the government just did something.
Last week, the National Court declared two Special Agricultural Business Leases in East New Britain null-and-void because of the government's failure to follow correct processes.
In 2013, a Commission of Inquiry found that a vast majority of the leases had been unlawfully issued and recommended they be revoked.
The government promised action, but nothing has yet happened.
A spokesperson for Act Now, Eddie Tanago, told Jamie Tahana that many landowners struggle to access the court system, and they wouldn't have to if the government acted on its promises.
The Papua New Guinea Supreme Court.
Photo: RNZ / Johnny Blades
Transcript
EDDIE TANAGO: We actually congratulate the people of Baining for their successful court battle. But then on the other side, there are people in the SABL areas who cannot access the court system.
JAMIE TAHANA: How is it difficult for these people to access the court system, why are they unable to challenge their SABL?
ET: Because the access to the court system is very, very costly. They don't have the means or the money available to get a lawyer, it's also very expensive. Most of these SABL are in very remote areas and people's access to travel and associated, as well as engaging with the legal system, it's very expensive for them.
JT: But in all cases that have been brought to the courts, the SABLs have been declared illegal, much in line with what the commission of inquiry said a few years ago.
ET: Yep. There has been about six so far - six landowner groups that have managed to successfully challenge their SABL leases granted over their lands through the courts. And in all the six cases, the court has found that the leases have not been granted in accordance with the law, and that proper procedures were not used. So the Baining court case is just one of these that found that the government officers, government ministers responsible have not followed due processes and have not even acquired the consent of the landowners before granting the leases.
JT: And so these court judgements are very much in line with the the commission of inquiry finding back in 2013, aren't they?
ET: Yes they are. The commission of inquiry in 2013 looked into more than 70 leases that were granted, and then the commission of inquiry recommended that most of these leases be cancelled and the land be given back to the landowners. Yet the government has done nothing to actually cancel the leases, and the commission of inquiry recommendations and report are still sitting there. Nothing has been done about it. The landowners have taken the matter to court themselves and it came up with the same answer that the report has recommended. It's three years now and we know that the government has made numerous promises, even the prime minister, they've come up with numerous committees to implement the recommendations of the commission of inquiry report. To date nothing has happened, and it's three years now.
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