Monday, 24 March 2014

Formation of ILG and Customary Land Registration a Fairytale in Poreada

FORMATION OF ILG AND CUSTOMARY LAND REGISTRATION A FAIRY TALE IN PROEBADA









As early as 2008, when Portion 152 took the initial stages of development to become the PNG LNG Plant site, there was a sudden emergence of Paramount Chiefs and Principal Landowners in Porebada village.

The battle of Paramount Chiefs and Principal Landowners was already a ‘bad-to-worse’ case for Porebada, as the village was already in the middle of a Land Mediation over a nearby hill on which a transistor station for Telikom PNG was being built.

This same battle extended to reach the nearby villages of Boera and Kouderika when a Land Boundary survey was conducted along the road-corridor extending westward from Portion 578 (commonly known as Papa-Lealea junction) to as far as the Boera feeder road.

The Land Boundary Survey bore no fruit. When interested claimants marked their land boundaries, no claimed portion of land started from where one ended. Likewise, none ended where the next began. All land boundaries however overlapped each other, thereby making a linear interconnection of dots along the road corridor. This converted the simple survey into a complicated and serious land dispute only the District Land Court could determine. All self-proclaimed paramount chiefs and landowners retreated quietly only to make noise in the village. This land dispute became a stalk from which many related issues grew in the family, clan and church domains back in the village.

The irritation was eased when the construction phase of the LNG Plant site commenced. Dozens of subsidiary contractors engaged in the plant site development work recruited semi-skilled, non-skilled and few skilled individuals for job training and employment in various trades.

During this time, the economy of Porebada must have been transformed for the first time in history. Almost every household was blessed with at least an average 2-3 people who secured a fortnight salary. Many enjoyed a lavish social life which comprised of alcohol consumption, diet and fashion change and intermarriage amongst the four impact villages (i.e Porebada, Boera, Papa, Lealea) due to extensive social exposure in the workplace. Bride price and birthday parties occupied the weekends by weekly intervals.

During this time, the converging socio-economic pleasure eventually left Porebada with no Paramount Chief and Principal landowner.

The idea of forming Incorporated Land Groups, or ILG was already a pre-conceptualised idea during the inception of the PNG LNG deals. For many who never heard of ILG, the concept was promulgated during round-tables convened by representatives from the four impact villages, the state and the operating company ExxonMobil.

All recognised clans who participated in the BSA (Benefit Sharing Agreement) signing in Kokopo in 2009 elected their ILG chairman to deliberate on the assignment of forming an ILG. ILG was meant to be a bucket to contain the many business opportunities that would arise from the LNG project. All customary lands within close proximity of the road corridor were to be secured titles under the ILG Act for investors to develop into economic activities.  

ILG is formed through procedures prescribed under the Land Groups Incorporation Act (Chapter 147). The primary purpose of the Act and ILG formation are stated in the introduction of the Act. They are to encourage: (a) greater participation by local people in the nation economy by the use of the land; and (b) better use of such land, (c) greater certainty of title; and (d) the better and more effectual settlement of certain disputes.

The Incorporation Land Group Act itself and the formation of ILG’s by interested parties or clans can be best described as a safety mechanism committed by the Government of Papua New Guinea. This Act ensures that all stakeholders must participate in the equal benefit sharing of a development such as the LNG project.

The traditional Motu-Koitabu society was structured through incorporation and regulated through co-operation. In other words, for the Motu-Koitabu society to survive, it must not only come together, but also work together when it had done so. Passed down from time immemorial, the evidence of this social order and structre is evident through the make-up of the present day Motu-Koitabu villages. For instance, a distinct Motu, or Koitabu village today is comprised of several clans who may not share a common ancestor.

In the past, the captain of a Motuan Lagatoi knew that a great multitude of Motu and Koitabu clans would share the benefits of his toil. Something significant must have bonded the different Motu and Koitabu clans. What is this significant ‘something’ then? The answer is incorporation and co-operation.

If incorporation and co-operation are always very difficult to achieve, the Motu-Koitabu society had accomplished this through the simple act of mutual understanding and witnessing. One clan had to understand and witness another with all its history, status and possessions such as land and land boundaries.

With the inception of the LNG project, this social structure of incorporation and co-operation is now threatened by those who want to be recognised as the single Principal Landowner over a vast area of land and a Paramount Chief of a great multitude of clans whose customary organisation never had any in the past.

Watching the recent mass-demobilisation of workers from the LNG plant site, Porebada must now realise that they have nowhere to send the returning workforce for job employment. The question of “who is to be blamed?” even does not matter anymore. Had customary lands been transacted titles under the ILG Act, and developers been invited to convert their economic potentials into tangible businesses, Porebada would kindly appreciate the demobilisation because there would be countless job opportunities arising from these businesses.

Porebada has failed the challenge of understanding and witnessing; the key to incorporation and co-operation—a challenge that was overcome by their ancestors many centuries ago to build the society it now dwells in. What was supposed to be an ‘LNG project impact-area issue’ had turned out to be a complicated landowner issue.

Everyone became a talker, a great historian, all-knowing, and a star at that time. The village was full of drama, starring everyone who fought over the top post of being a Principal Landowner and a Paramount Chief. During the mass-recruitment of workers, all the drama had calmed, every mouth shut and every star crippled. Nobody was a landowner, and the once torn-apart everyone’s’ land had become nobody’s land.   

The quietness prevails, but the village is eager to see what happens next. The issue of land has drastically changed the mindset of the people more than anything else.

While every demobbed worker from the LNG plant site wears a gumboot each, and a safety overall to roam the streets and sell betelnuts, it is not hard to conclude that the formation of ILG and customary land registration was all a historical fairy tale. The characters once spoke and moved only when the story was told.

No comments:

Post a Comment