The SABL Land Grab: Papua New Guinea's Ongoing Human Rights

Papua New Guinea’s ongoing human rights scandal War on Want fights against the root causes Now! © Act of poverty and human rights violation, as part of the worldwide movement for global justice. We do this by: • working in partnership with grassroots social movements, trade unions and workers’ organisations to empower people to fight for their rights • running hard-hitting popular campaigns against the root causes of poverty and human rights violation • mobilising support and building alliances for political action in support of human rights, especially workers’s rights • raising public awareness of the root causes of poverty, inequality and injustice, and empowering people to take action for change www.waronwant.org

ACT NOW! is a community advocacy organisation based in Papua New Guinea. Our vision is for a ‘gutpela sindaun blong olgeta’ (a just and equitable society) that embraces Papua New Guinea’s rich and diverse biological and cultural heritage and is based on the principles of sharing, communal land ownership and environmental stewardship. Our mission is to ensure that local people have a strong voice in demanding a just and equitable society. We do this by running public campaigns on issues of national importance; commissioning research that underpins the case for change; creating new and innovative awareness and education materials; and empowering people by informing them of the causes of injustice and inequality and making sure their voices are heard through the media and direct lobbying. www.actnowpng.org Preface 01 © Act Now! © Act

Special Agricultural Business Leases (SABL) are In many cases the leases have been used as a still being used by foreign companies to cover for large-scale logging of PNG’s dense unlawfully occupy land in Papua New Guinea tropical rainforest, the third largest in the (PNG). This is despite the leases being declared world 1 and, in some instances, conversion to unlawful and universally discredited. This is palm-oil plantations. As a result of logging happening with the connivance and support of under SABL leases, PNG is now the world’s PNG’s government, public servants and police. largest exporter of tropical logs.2 The foreign companies have been able to abuse the law to illegally lease land and grab forest This is all despite PNG’s progressive resources from customary landowners – Constitution and its measures specifically without their legally required consent, and designed to boost self-reliance, fend off often without any prior warning. unwanted foreign economic and cultural influences, and protect the country’s As a result of this state-sanctioned land grab, spectacular biodiversity. thousands of people, most living in remote rural communities, have seen their traditional PNG is not alone though in falling prey to subsistence lifestyles and environment resource hungry foreign commodity traders destroyed, and are suffering a wide-range of and manufacturers hunting cheap timber serious and ongoing human rights abuses. resources. The illegal conversion of forests to agricultural uses has been one of the key drivers of deforestation worldwide, leading to the conversion of 20 million hectares (ha) of forest between 2000 and 2012, for example.3 02 The SABL land grab: Papua New Guinea’s ongoing human rights scandal 3.8 million cubic metres (m metres cubic million 3.8 from PNG’sfrom forests. imports timber illegal global of half for now accounts China logs. harvested for destination global is a principle China’s heartland manufacturing exports came from SABL areas. SABL from came exports India, and tripled in China. in tripled and India, and EU the in doubled than more imports 2014 and 2000 between and imports, global 62% for of accounted EU, the with together 2014, In countries, two China. these and India in particularly diets, changing and urbanisation incomes, by increasing now fuelled decades, over several demand global in growth sustained with deforestation, akey of driver similarly – is SABLs many of focus intended –the oil Palm imports from PNG into the EU in 2017. in EU the into PNG from imports agri-food all of 85% constituted oils kernel 700,000 people. than more impact directly potentially leases the that meaning landmass, total country’s the of over 10% represents SABLs for taken hectares timber imports are banned in both. in banned are imports timber illegal though even flooring), as and veneer plywood as (often US the and EU the in shops wayinto its finding still is timber PNG’s illegal that means frequently (US), States United the and (EU) Union European the in China from products wood importing companies and China in by manufacturers diligence, trading networks. semi-subsistence agriculture and local small, in employed exclusively almost are whom of 86% population, local the for devastating is This open. door the holding is process SABL ever present but discredited the and PNG, in forests landowners’ customary on attack arelentless fuelling is trade international Thus 4 and is the main destination for logs logs for destination main the is and 11

10 The more than 5 million 5million than more The 5 In 2014, In PNG’s of 30% 8 Palm and palm and Palm palm 3 ) of round log log round ) of 6 A lack of due due of Alack 7

War Want on Director Executive Rehman Asad national governments. other and bodies Nations United various also but government PNG by the only not action, immediate for calling recommendations comprehensive ACT provides NOW! and War and Want’s on partner, by communities led resistance, ongoing the on aspotlight shines also It PNG. of people the on grabs land SABL of impact devastating the highlights report This ofUniversal Rights. Declaration Human the in protected rights human fundamental the of many breach leases the Rights, Cultural and CovenantInternational on Economic, Social, the and People, Indigenous of Rights the on Declaration Nations United the Discrimination, Racial of Elimination the on Convention International the breaching as well As judicial remedies. to access their to and resources, and lands their of ownership and enjoyment use, continued the to peoples, PNG’sof indigenous rights human the to harm irreparable cause to continue will process SABL the palm, oil with planted are areas further and authorised, be to continues them within clearance forest exist, to continue SABLs illegal the as long As ACT NOW! Manager Programme Dademo Effrey

Contents 03

1. National laws and policies relating to human rights and SABLs 04 Papua New Guinea’s Progressive Constitution 05 Tinkering with the law for resource exploitation 05

2. Who holds power with respect to SABLs and land acquisitions? 07 Corruption, power and its effects on land deals 07 Where the power lies… 08 Tackling endemic corruption 09

3. The Commission of Inquiry and its findings 10

4. SABLs impact on human rights 13

State sanctioned violence in the theft of land 14 Lies, false representation, fear and repression 18 Dividing and conquering the people 19 SABLs: Development for whom? 20 SABLs violating human rights 21

5. Empty promises from the PNG government? 22

6. Using the courts to resist the SABLs 24

7. SABLs and the international human rights framework 28

8. Recommendations 35

Notes 37 © Greenpeace © 04 The SABL land grab: Papua New Guinea’s ongoing human rights scandal 1 National laws and policies relating to human rights and SABLs and rights human relating to policies National laws and human rights. rights. human landowners’ customary on impacts devastating with resources, natural PNG’s to access foreign companies’ facilitate to abused been has which involvement landowners’ in economic development customary foster to designed originally –a process Leases Business Agricultural – Special of SABLs case evident the in especially is This trade. commodities global the from pressures external and law weak enforcement, by corruption, However, ownership. land hindered been has customary implementation by recognising part in rights, human citizens’ protect and independence that protect and foster to intended framework legislative and policy 1975, in At independence aprogressive (PNG) New Guinea created Papua National laws and policies relating to human rights and SABLs 05

Papua New Guinea’s Tinkering with the law for progressive Constitution resource exploitation The Constitution includes all human rights Pressure to free up land for resource established under the Universal Declaration exploitation has been accompanied by a of Human Rights, including the rights of succession of policy measures intended to citizens to participate in the development of facilitate this, from 1984 onwards.13 The their country and not to be unjustly deprived 1996 Land Act introduced Special of property, as well as provisions ensuring Agricultural Business Leases as one the preservation of the environment for the methodology, introducing a leasing process, collective benefit of all including future specifically for those communities wanting to generations. It also focuses heavily on use their land for agriculture. This law has a promoting national sovereignty and number of provisions intended to control self-reliance, with provisions setting out the way in which this is done, including a the need to avoid dependence on any prohibition on the leasing of customary land form of foreign assistance, and control to foreigners. A Custodian of Trust Land is foreign investment capital and major also mandated to protect the interests of enterprises engaged in the exploitation customary landowners in such deals. of natural resources.12 One of the key concerns relating to SABLs is The Constitution also grants PNG’s citizens that although they are supposed to be legal ownership of the land they have related to agricultural development, they are traditionally lived on and used for thousands often used as a pretext for obtaining timber. of years, in a form of collective and The clearance of forests within a SABL is inalienable title, meaning that it is owned dealt with under the Forestry Act 1991 communally and cannot be sold. However, it and its subsequent amendments, such as the can be leased. 2007 amendment which created a loophole that enabled logging companies to access Customary land is used for farming, food timber resources much quicker and more production, hunting and to source building easily. Use of SABLs to access timber materials, medicines, household items, resources really took off after this change, cultural decorations and is of great spiritual even though many SABL lease holders had importance to the landowners, who own no prior experience of the agricultural 97% of PNG’s territory (the State owns the development they were supposed to be other 3%). Companies seeking to access planning to engage in.14 PNG’s resources are required to secure the full consent of landowners. 06 The SABL land grab: Papua New Guinea’s ongoing human rights scandal issue protection orders and mandate mandate and orders protection issue can court The violations. such for system track afast established has Court National the and system, judicial country’s the through violations rights human remedy to seek to able be to supposed are Guinea’s citizens New Papua rights, human to respect With company, but the landowners are supposed a to or agroup, aperson, either to granted be can lease The lease. the of period the for suspended are reserved, explicitly are which those except land, the in rights customary all and leases SABL for landowners customary to payable compensation or rent no is There Special Agriculture Business Leases – in theory and in practice in and theory in – Leases Business Agriculture Special pursuit of timber by logging companies.” by logging timber of pursuit unyielding the law, of with rule coupled weak and corruption “rampant to due primarily grab, timber and land debilitating and amassive facilitated has process SABL The generations. three about of equivalent the is This years. 99 term, maximum the for are SABLs of amajority but owners, customary its to go back will land the ends, aSABL of term the when that purposes’. intended is It or ‘agricultural economic development to the landholders supposedly for back it leases and question in land of parcel over the Lease aState issues then Minister The consent. their give landowners the when and –if State the of behalf on acontract sign and holders land customary with negotiate to mandated Minister the with Planning, Physical and Lands of Department by the They are issued business. agricultural other or aplantation establishing of purpose the for time of period afixed for land customary of acquisition atemporary is A SABL 17 agricultural purposes. purposes. agricultural for intended are they even though SABLs, involved overseeing in not is Agriculture of Department and the projects, agriculture law large-scale regulating agricultural amalgamated no is there Furthermore, not planted. then but logged being areas SABL of instances many are –there planned actually not is planting even where granted may be (FCAs) Authorities Clearance Forest and SABL a of size the on limit legal no is there that fact the include SABLs with problems Other timber, primarily to China. the exporting are who companies, palm oil subsidiaries of mainly and Malaysian logging PNG-based the to often landowners, customary from land of hectares plus 5million- estimated an of control transfer to used have been SABLs foreigners, to land of customary selling or the leasing prohibits Act Land the even though Furthermore harm. of deal agreat caused has – 12% mass land than more PNG’s of total –covering land-grab resulting the of size The agreement. or knowledge their without taken been has land their that have complained landowners Yet lease. many the gets who on agree to no jurisdiction over company activities. over company jurisdiction no and enforcement of powers limited have very they matters rights human determine also can courts village local While prohibitive. are costs and system court the or assistance legal access to means no have virtually communities rural in people practice in but compensation, 16 15

2 Who holds the power with SABLs? 07

Because the processes for issuing SABLs An investigation into human rights in Papua and FCAs are so complex there are many New Guinea found that: 23 different people involved, who have varying degrees of influence over whether a SABL “Corruption at all levels and in all or FCA is issued, and if so to whom and organs of government was a how transparently. serious problem due to weak public institutions and There are also many people in positions of governance, lack of transparency, power nationally and locally, who potentially politicization of the bureaucracy, have a vested interest – whether political or and misuse of public resources by financial – in maintaining processes that officials to meet traditional clan enable the leasing of customary land to foreign companies. These variously include obligations. Corruption and the Prime Minister,18 other senior ministers, conflicts of interest were of parliamentarians, government and local particular concern in extractive officials and the police, and local middlemen industries, particularly the who seek to accrue benefits from SABLs to logging sector, and in themselves. It has been noted that almost government procurement.” the only exceptions seem to be members of the judiciary, the two Commission of This tallies closely with the findings of the Inquiry Commissioners who submitted Commission of Inquiry’s (COI) investigation their reports, and a couple of Members into SABLs, which described a range of of Parliament.19 allegations of corruption, from senior ministers and politicians exerting pressure for officials to fast-track SABL applications, Corruption, power and its through to the Papua New Guinea Forest effects on land deals Authority (PNGFA) continuing to issue FCAs whilst turning a blind eye to the subsequent Corruption is rife in PNG in general, activities of logging companies operating in especially amongst parliamentarians and SABLs. Members of Parliament have also those in government,20 and particularly in been found to be playing a corrupt role in relation to the extractive sector, including the issuing of SABLs: the logging industry.21 Corrupt government officials have a significant impact on land deals because of their role in the different “Foreign investors, politicians and phases of the land acquisition process corrupt public officials have all including the demarcation of land and land conspired and colluded to create titling; identifying and recognising those with bad leases and titles over rights over the land; the design of land use customary land...They are all schemes and the identification of equally liable and should be ‘underutilised’ or ‘vacant’ land; the investigated and prosecuted as expropriation of land for ‘public purposes’; selling or leasing land to outsiders; some of them have been named addressing land-related complaints; and in the reports.” monitoring extraction and industrial John Numapo, COI Commissioner24 agriculture activities.22 08 The SABL land grab: Papua New Guinea’s ongoing human rights scandal Minister Prime by the appointed were initially who agriculture and lands forests, for Ministers the and Minister Prime the with rest must years several last over the movement forward of lack the for responsibility Primary lies… power the Where Authority, and the PNG Forest Authority. Forest PNG the and Authority, Government, Investment Promotion Level Local and Affairs Provincial Livestock, and Agriculture Conservation, and Physical Planning, Environment and Lands of departments the in coordination of lack and mismanagement corruption, of evidence found The COI influence. significant wield also respectively, Permits for and allocating Environmental FCAs responsible are who (DEC), Conservation and Environment of Department the and PNGFA the in Officials landowners. customary the of interests the protect to supposed is who Trust of Land, Custodian the and SABLs, the issuing for responsible is who Planning, Physical and Lands for Minister the with rests power Particular recommendations. 25 to implement the COI COI the implement to to cancel the leases since 2013 since leases the cancel to promises numerousmade unfulfilled Prime Peter has Minister O’Neill

26 26 © United Nations United ©

and Customary Lands Officers. Lands Customary and Planning, Physical and Land of Department the Officers, Lands Provincial Officers, Land involve District should process This SABL. the execute to appointed be will that agents the and members by clan held rights land of type the identifying and landowners, amongst process the about awareness raising land, the owns who determining involve to supposed is process preliminary This abused. be can power at which point a therefore and process, SABL the of part acrucial is investigations land initial these of Prior and Informed Consent. and Informed Prior Free, establishing effectively aSABL, issuing before investigation aland undertaking for responsible is Lands of Department The companies (for whatever reason). particular favour of in processes facilitating in roles important played have both directors and politicians local general, In bodies. non-representative authorise to power the have ILGs of establishment the authorising and on checking for responsible are who Lands of Department the from officials bribery and intimidation. bribery to immune have been and not communities, those to respect with influence of position a in are not, or communities represent genuinely they whether directors, company’ ‘landowner (ILGs) so-called and Groups Land Incorporated of chairs level the local the At overlooked executed. or fraudulently universally almost are procedures these that have highlighted cases court several and 27 In the same vein vein same the In 29 The conduct conduct The 30 The COI COI The 28

09 © Greenpeace

Tackling endemic corruption Officials are also placing obstacles in the way The Royal PNG Constabulary have of efforts to reduce corruption generally. frequently been found protecting the Efforts to tackle high-level governance interests of powerful SABL actors, using abuses have been closed down.31 Institutions brute force and intimidation to suppress responsible for addressing government resistance by customary landowners. In 2016 corruption, the Ombudsman Commission Police Commissioner Gari Baki stated that and the Public Accounts Committee, are there were 1,600 complaints about abuses by under-resourced and suffer political police generally, between 2007 and 2014, interference.32 The Prime Minister has been although this is considered to be just the tip promising an Independent Commission of the iceberg as most people are too scared against corruption since 2011 but no to complain or think it pointless. However meaningful progress has been made to there appears to be little accountability even establish such a body, in part because of a for fatalities.34 This situation has been evident lack of any significant budget allocations.33 in relation to resistance to SABLs, as is described in more detail below.35 Overall, this hegemonic situation is making it extremely difficult to establish effective system-wide anti-corruption measures to prevent those with power in relation to SABLs abusing their positions. 10 The SABL land grab: Papua New Guinea’s ongoing human rights scandal 3 The Commission of Inquiry and its findings findings its and Inquiry of Commission The investigation to 77. to investigation under total the bringing Commission, the to were notified SABLs two further a inquiry the During frameworks. policy and legal with complied they if determine to SABLs 75 specific into inquire to instructed was COI The scientists. and academics fromquestions civil organisations, society and complaints, landowner intensifying to response in was This 2003. since issued SABLs of number large the of legality at the (COI) look to Inquiry of Commission a up set Abal, Minister, Sam Prime under 2011In government, Guinea New Papua the only 42 of the 77 leases investigated. leases 77 42 the of only covered thus submitted reports two The ever submitted by Commissioner Jerewai. was 24 2013. on June report O’Neill) final No (now Peter Minister Prime the to presented were Mirou and Numapo Commissioners from Twolocated. reports final are SABLs the of most where provinces seven the and Moresby Port capital, the in hearings public held Commission The Mirou. Nicholas and Jerewai Alois Commissioner), (Chief Numapo John inquiry: the conduct Three Commissioners were appointed to

36 © Global Witness Global © The Commission of Inquiry and its findings 11

On 17 September 2013, the Prime Minister Overall the Commissioners found there was presented the Commission’s report to corruption, mismanagement, and lack of Parliament. The COI found evidence of coordination by key agencies including the genuine landowner consent and Departments of Lands and Physical Planning, commercially viable agricultural projects Environment and Conservation, Agriculture being undertaken in only 4 of the 42 SABLs and Livestock, Provincial Affairs and Local assessed. In the other 38 leases there was no Level Government, and the Investment genuine landowner consent – an essential Promotion Authority and Papua New Guinea legal requirement if a SABL is to be issued. Forest Authority (PNGFA). The Commission The COI also found widespread abuse, fraud found most of the SABL leases were unlawful and a lack of coordination between and should be revoked. In a few cases the government agencies, along with a general Commission suggested that if there was failure and incompetence of government genuine landowner approval then the leases officials to ensure compliance, accountability should be revised or re-negotiated rather and transparency within the SABL process.37 than being completely revoked.40

According to the Commissioners, The COI also found that the PNGFA was throughout the course of their inquiry failing to monitor forest clearance in SABL serious allegations were also levelled against areas in most forests (with the notable officials and senior government bureaucrats exception of the New Guinea Islands involved in the management of SABLs, regional office which had cancelled concerning bribes being offered by project several FCAs). developers and representatives of landowner companies to procure SABL titles. In most Commissioner John Numapo concluded that: cases the COI was not able to establish proof of these allegations, but said that it “The overall recommendation of could not discard them either. the COI is that the current SABL set up is a complete failure and The inquiry also received evidence of undue must be abolished. The current political pressure being put on government officials by senior ministers and politicians to set up is riddled with loopholes, fast-track SABL applications and issue titles. shortfalls and inadequacies – so Incidences of political interference were much so that corrupt public numerous and were reported in various officials and unscrupulous individual SABL reports.38 Examples of individuals are taking advantage pressure being put on the Commissioners of it to enrich themselves. There themselves, by senior ministers, are is simply no transparency and recounted by the Chief Commissioner, John Numapo, who refused to give up the inquiry accountability in the whole when pressured to do so. The Prime process, starting from Minister then publicly threatened to refer application to processing to the the Commissioners to the Fraud Squad final issuing of SABLs.” 41 (without providing a reason).39 12 The SABL land grab: Papua New Guinea’s ongoing human rights scandal

• • • • • Commission Inquiry of into SABL (2011) –summary findings © Digital Globe Digital © found that 58 out of 75 SABLs were for 99 years. 99 for were 75 of SABLs out 58 that found inquiry The landowners. the for rights residual no absolutely leaving years, 99 the of balance or whole the for companies foreign to sold being SABLs land. customary over their SABL a granted groups or entities particular the of aware being landholders without companies, owned foreign to directly issued were titles SABL that meaning misrepresentation, through obtained fraudulently consent Landowners’ ignored. or simply bypassed were procedures either and processes proper and breached deliberately were requirements Legal functions. statutory their out carry diligently and properly to agencies and officers by government commitment of lack and inaction failure, Incompetence, titles. issue and applications SABL fast-track to politicians other and ministers government by officers government on put pressure political Undue SABL. the of granting and approval processing, registration, to through stage from application process SABL the within transparency and accountability compliance, ensure to officials government of incompetence and failure and agencies, government between coordination of lack fraud, abuse, Widespread 42

4 SABLs impact on human rights 13 © Greenpeace

In addition to the loss of land, destruction of For reasons like these many of the the natural resources and the ensuing communities that have experienced land pollution of rivers – the source of food and grabbing through SABLs are still fighting for water for many landowners,43 the incoming the return of their lands. A few communities ‘agricultural development’ brought through have succeeded but the majority are still SABLs has also violated citizens’ human suffering deeply from the loss of their lands rights with respect to labour conditions. for up to 99 years, and the devastation of There is evidence that even in 2016 both their forests. They want their plight to be foreign and local men were being “subjected heard and addressed, and for other to forced labour, including through debt bondage, communities to be forewarned. in the logging, mining and fishing sectors” and that violations of wages, overtime and health Their stories show that in terms of the and safety laws and regulations are also ongoing impacts of SABLs and FCAs, common, again particularly in the logging and especially in relation to customary agricultural sectors.44 With respect to the landowners’ human rights, little has changed logging industry “extremely low wages and since 2013; the ongoing abuse continues to poor working conditions, including cramped and deprive Papua New Guinea’s customary unhygienic worker housing” are observed.45 landowners of their human rights, including their rights to food and water. 14 The SABL land grab: Papua New Guinea’s ongoing human rights scandal

foreign logging companies. companies. foreign logging the from theirs rightfully was what reclaim and areas forests remaining and land their defend to struggle along in engaged been had Hanover,New people local State sanctioned violence in the theft of land of theft the in violence sanctioned State obstructing progress. obstructing seen anybody arrest and operations clearing road and logging illegal defend to police armed fully in sent Government 2016 Provincial In Ireland New the inNew Hanover lands stolen police defend Armed © Act Now! Act © 47 On the island of of island the On SABLs cover 936km SABLs away. given been three had The land their unaware” were “totally Hanover New in landowners of majority the that and found, being fraud and corruption both of evidence on revoked be based Hanover New in SABLs three the that recommended already had Inquiry of Commission the that fact the despite was This 2016 85km some multipurpose Calophyllum and coconut rubber, cocoa, with had been cleared, and 67km and cleared, been had 2 of mostly intact forest forest intact mostly of 2 , and by September by September , and oil palm plantation established a recently in station police A new 46

. 2 planted planted that that 15

Ignored in Bewani: The right not to be arbitrarily deprived of property and the right to Free, Prior and Informed Consent

In the village of Aimbai in Bewani, in West Sepik Province, none of the villagers spoken Now! © Act to by ACT NOW!, including the chief of the village, said they had any prior knowledge about a SABL agreement that included their land, until a logging company arrived and started operations. There had been no efforts to explain what a SABL is to the villagers, and they had no idea that their legal rights to their own land had been signed away, behind their backs, for 99 years. The Malaysian logging company in question, Bewani Oil Palm Development Ltd, together with the help of Member of Parliament and former Deputy Prime Minister, Belden Namah, had allegedly forced the chairmen “When the company uses the of numerous Incorporated Land Groups to police and army, they twist the sign the agreements without consulting their communities.48 law and beat us up very badly, to the point where we are afraid The SABL, issued in 2009 covered a massive to attempt stopping the area of 1,399km2. The logging companies company again.” flocked in. By December 2016 150km2 of 50 forest had been cleared, and approximately Peter Tai, the Chief of Ambai village 80km2 planted with oil palm. Between May 2012 and January 2017 446,805m3 of logs The chief’s subsequent demands for with an export value of US$62 million were compensation for their high quality kwila exported to China and India.49 trees had mostly been ignored. Only one poor quality school made out of waste The confused villagers tried to stop the materials was built and paid for out of the companies and get explanations, but found landowners’ small royalties from the FCA. themselves threatened, beaten and turned Villagers had to give most of their royalty away by the armed police and army who payments back to the logging company were making sure the people did not disrupt anyway because most business houses in the operations and that if they did, they the Provincial centre, Vanimo, including would not do so again. the only supermarket, are owned by the logging company.51

The Commission of Inquiry determined that this SABL bordered on criminal negligence and should be “revoked and reviewed”.52 16 © Greenpeace

Police brutality and human rights abuses in Pomio, East New Britain

The situation has been fraught in Pomio In the villages of Pomata and Marana, District in East New Britain, where there inhabitants have been explicitly restricted is widespread opposition to SABLs that from planting food staples and cash crops to have allegedly involved fraud, forgery, and generate additional income, and this non-representative Incorporated Landowner restriction has been closely enforced by the Groups (ILGs) giving a false impression of Royal PNG Constabulary, known locally as landowner consent. By February 2017, the “company police.” This has left local almost 210km2 of mostly intact rainforest people with no choice but to be employed as had been cleared, and 1,275,218m3 of logs labourers on their own land.55 In West with a declared export value of some Pomio the SABLs threaten the true US$122 million exported, mainly to China.53 landowners’ own small-scale sawmill logging initiatives.56 The four SABLs – part of the Sigite-Mukus Integrated Rural Development Project – were issued to Pomata Investment Ltd, Ralopal Investment Ltd, and Nakiura Investment Ltd in 2008, and to Unung Sigite Ltd in 2009. Their umbrella company, Memalo Holdings Ltd, subleased the land to a Malaysian logging company.54 17

“In the Pomio SABLs we, the people have lost our God given birth right to our land for 99 years and significantly our traditions, cultures, customs, virgin forest and friendly environment, the eco systems we depend on and our peaceful community living and life setting. People have been deprived of their basic human rights to own land, to have their freedom of Now! © Act speech and freedom of movement and are now facing serious social disorders in our communities and our children The logging company has disputed these not attending to their classes findings and continues to deny any very well. We all face a massively wrongdoing. unpredictable future.” 57 Towards the end of 2016 the logging Landholders resisting the implementation of company was reported to have had police the SABLs have faced ongoing intimidation by deployed at Mu, Drina and Palmalmal to try police. In 2013 a fact-finding mission that and intimidate landholders and stop any included a team of government officials and protests. Communities in Totongpal and civil society organisations found evidence of Manginuna were allegedly threatened and ‘continuous brutality and human rights sworn at as they tried to maintain a violations’ by police operating on behalf of roadblock, with the police making a point of Rimbunan Hijau in the Ralopal and Pomata insulting and trying to scare the women, and SABLs. Instances of violence include assaults destroying a phone that had been used to rendering victims unconscious, locking capture pictures of the police action.60 villagers in shipping containers for days on end, attacks by police on unarmed villagers In July 2016, Police Commissioner Gari Baki with fan belts, rifle butts and toe-capped had ordered that police should not be boots, forcing villagers to spend the night permanently deployed to logging camps, but lying in the rain on felled logs, and forcing they were clearly still present in Pomio.61 them to drink polluted water.58 This promise to remove the police was subsequently repeated by Police Minister The police were also found to have forced Jelta Wong in 2017 and it seems that the various groups of youths and landowners to order is now being enforced in Pomio at sign agreements pledging not to resist logging least (which is the Minister’s home province), operations on their land even though the but there are still concerns that the people had not consented to the logging and Minister’s instructions may not be followed it was being done in breach of their in other SABL areas such as New Ireland and constitutional rights. They also forced the Sepik.62 various people to make compensation payments in cash to the logging company.59 18 The SABL land grab: Papua New Guinea’s ongoing human rights scandal Lies, false representation, fear and repression changing consequences. changing livelihood and life their and agreements SABL the about nothing or little know often who communities of behalf on deals signing illegally and Groups Land Incorporated of chairpersons as themselves by appointing rights human landowners’ customary flouting are landowners customary of behalf on speak to authority the without individuals that showing Court Supreme the and Inquiry of Commission the from including evidence, There is widespread low. very are rates literacy but English in written are agreements that fact by the complicated further is This people. right by the not but signed, and agreed officially are documents where agreements, quasi-legal creates it that is Guinea New Papua in process SABL the of key feature Another are mounting court cases. court mounting are but intimidated are people The population. the of majority the of knowledge the without and communities the from isolation in men these by approved was operation palm oil and logging whole The people. local the represent not do but companies landowner of chairpersons logging operations, appointed themselves as the and leases SABL supporting in vocal been have who men local three the that reported have district Pomio the in living People It has also been reported that in Bewani the the Bewani in that reported been also has It on behalf of everyone in their villages. villages. their in everyone of behalf on companies logging Malaysian with agreements SABL sign to forced and assaulted or threatened were physically who chairpersons 125 among ILG was he said Province, (Sandaun) West Sepik the in Plantation Palm Oil Bewani the from Chairperson 2017 In ILG consultation. an for time without communities, their of behalf on signing into intimidated were themselves ILG chairpersons 63

“ to sign the agreements: agreements: the sign to camps logging company’s transit the of one at gather to made were then chairpersons ILG The sign. not did they if houses good and schools like posts, aid services basic to rights their people their denying be would they that were told They cooperation. their ensure to side, at their Parliament of Member local the with men, of by agroup individually were approached chairpersons The

forced to sign.” to forced we were all, after because bad were signing, we but it knew was we what didn’t so understand and we didn’t that read agreements 14the page agreements, side…Wetheir of papers all signed on is MP local the with especially of men, agroup go against we so couldn’t atatime of us each They approached us. threatened and up us beat down, houses our tore they disagreed, who of us for those and agreements the sign go to get us to groups in came Men © Act Now! Act © 65

Dividing and conquering the people

Even when communities do have an understanding about what is being proposed, the generally false but tantalising promises being made by the companies can create sharp conflicts within communities and even families, between young and old, and between men and women.

A divided family in Elis, Bewani, West Sepik Province

know that their forest provides everything from food to building materials, herbal plants and much more, so any compensation would definitely need to provide significant long-term benefits just as the forests do.

Anna’s daughter obtained a court order restraining the company from going into their family’s area between the May River and the Lumbro River, but the company went in anyway, logging the huge kwila trees. It has not planted any oil palm. Anna believes that the local government officers have been bribed and the company knew there will be no repercussions. But she is adamant that she will © Act Now! © Act protect the land for her children and their children, and that she does not care if the company sends the police and army to stop her: “This land does not belong to the police and army, it is mine to protect and I will do whatever Anna Kwembi, from Elis village, is struggling to I can to protect it”.66 keep a logging company off her family’s land, but, together with her daughter, she has The reality of SABLs is that the companies have angered the men in her family, her brothers made promises that are irresistible to some, and sons, by taking this stance. She says her including the provision of schools, hospitals and family used to work as a team, making sure health care, roads and significant royalties. their land was well guarded. But she has However, they hardly ever deliver on these watched on as the logging company convinced promises. Instead, communities find themselves her brothers that they should agree to cut the much worse off than they were before, losing forests and plant oil palm, turning her brothers access to their land and resources, receiving against her by dangling the prospect of being minimal compensation, and having to take able to send their children to school overseas, poorly paid work as virtual slaves on their own having houses with electricity and water, and land. One simply cannot imagine how gloomy owning their own computers. Anna says she the future is for these communities that have a does not understand what a ‘Special rich cultural heritage and strong spiritual Agriculture Business Lease’ is, but she does connections to their land. 20

SABLs: Development for whom?

Promises versus reality: SABL-related ‘development’ brings virtual slavery to West Pomio

Under the Pomio West SABL whole villages By 2017 the social and environmental situation have been taken over as the property of the had deteriorated as a result. The logging and oil leaseholder along with everything standing on palm had destroyed cultural sites, old the land. People described how services that cemeteries and historical sites, traditional and had been promised them prior to their land historical landmarks, and old villages, and had being taken are actually being used to force not left any buffer zones. There has been a high them into being labourers. influx of people from outside looking for jobs, in spite of the extremely poor conditions, and Gone, along with their forests, are all kinds of even the children are not attending school.68 environmental services that their ancestors before them had benefited from for thousands The schools only get assistance if they agree to of years. Today the people are not even conditions set by the company. Where health allowed to plant gardens freely on their own services are provided, they are only for land. Instead, they have the choice of either company employees. At the same time the intensive farming on whatever plots they are company in question has tried to convince allowed to keep, or becoming severely landowners that it is the company that has underpaid labourers on oil palm plantations. redeveloped the Palmalmal Aerodrome and The wages are so low that the whole family local Sports Field. But this was actually paid for needs to work to provide just the food for the with public funds, with only the machinery used family – nothing else can be bought.67 belonging to the company.69 21

SABLs violating human rights

In response to communities’ concerns their vast natural resources. Kanawi also about logging and oil palm operations it accused NGOs of misleading “ignorant rural seems that PNG’s largest logging company communities” and suppressing their rights and multi-sector business group, Rimbunan to advance economically.71 Hijau, has been telling communities that human rights and sustainable development However, this did not stop the villagers principles impede rural development, and complaining about the manner in which should be ignored if people want to get rich.70 Rimbunan Hijau subsidiary Gilford Ltd and This is certainly the message that the company the umbrella landowner company, Memalo and its consultant Kanawi Pouru, delivered to Holdings Ltd, were being secretive about a lot people in the Pomio District of East New of information in relation to the controversial Britain Province. SABL on their land, and pointing out the safeguards under the UN Declaration and the In August 2016, Pouru, a former Managing RSPO. They also pointed out that the company Director of PNG’s Forestry Authority, told is obliged to seek free, prior and informed local people in Malakur Village that both the consent in accordance with the UN United Nation’s Declaration on Human Declaration on the Rights of Indigenous Rights and the Round Table on Sustainable Peoples (UNDRIP). The response that came Palm Oil (RSPO) Principles and Criteria are was obstructive: they were told that it was not anti-development mechanisms set up by rich their place to ask questions about whether and wealthy Europeans to suppress people in Gilford complied with RSPO and UN rural communities in Papua New Guinea who standards, and that abiding by these rules want to change their lifestyle and alleviate would stop the company being able to invest poverty through commercial exploitation of its own money to help the community.72

Kanawi Pouru making his presentation in Malakur village © Act Now! © Act 22 The SABL land grab: Papua New Guinea’s ongoing human rights scandal 5 SABL areas. from now come exports log PNG’s total 2011. in FCAs new on moratorium supposed the after and COI, the of establishment the even after increase to continued FCAs under exported logs of volume the that shows Data 710,000m Empty promises from the PNG government? government? PNG the from promises Empty issued in April 2014. April in issued was forest, rain intact mostly of West Sepik, in area contested a105,200ha in FCA new a example, For exported. timber the and felled clear be to areas lease SABL in forests allowing (FCAs) Authorities Clearance continued issuing Forest has Authority Forest PNG the time law. same the At the with accordance in issued were not them of over 90% that and landowners customary by to consented were not SABLs the that findings the despite is This leases. illegal the cancel to action meaningful little taken 2013, in has government PNG the reports Inquiry of Commission the receiving Since increased from 133,000m from increased year in 2014, in year 2015 2016. and consistent volume of about 1 million m 1million about of volume consistent 74 Log exports under FCAs in SABLs SABLs in FCAs under exports Log 3 in 2011, in a to increased then and 73

3 in 2009, to to 2009, in 75 One third of of third One 3 per per Commission’s findings and cancel the leases: the cancel and Commission’s findings the on act would government the that Minister, O’Neill, Peter by Prime made were promises numerous period this During SABLs was about to start. to about was SABLs on action that impression gave the Council Executive 2014 June In National the Committee. Ministerial the to reporting Ministry, Forests the under taskforce SABL special a be would there that and report, his submit to failed Jerewai Commissioner because overlooked SABLs the consider would Committee aMinisterial revoked, that be would the COI by identified SABLs the that “ Peter O’Neill promised: O’Neill Peter stolen from under them.” under from stolen land their had of and advantage have taken long been landowners too offshore…For proceeds the take then and down forests our chop landowners, con our and in come foreign owned companies We as on nolonger watch will Rights Zeid Ra’ad Al Hussein Al Ra’ad Zeid Rights Human for Commissioner High UN and (left) O’Neill Peter Minister Prime PNG 78 Again, Prime Minister, Again, 77 It announced 76

“I will make sure that we In July 2014 the Office of the Registrar of terminate the leases of those Titles in the Lands Department did publicly that were acquired illegally, done notify the holders of 29 SABLs that they were required to return the original copies not in a proper manner and I of their leases. However, it appears from a have already called Chief list published in February 2018, that only four Secretary to request the leaseholders complied, and that even for agencies that I have stated – these the government has not so far gazetted Agriculture, Lands and Forestry any cancellation notice.81 – to fast track this and that is In December 2014, the Prime Minister happening as we speak and I blamed PNG’s bureaucracy for not hope that over the next few responding to political directions to weeks we will start the process implement the recommendations of the of terminating the leases.”79 COI. He said he had again tasked the Chief Secretary with ensuring the 82 However, it appears this Ministerial recommendations were implemented. Committee made no progress, perhaps In May 2015, the Chief Secretary because it was headed up by the Ministers announced the government was setting for Forests (then Patrick Pruaitch), Lands up a new ‘Independent Task Force’ to (Benny Allen) and Agriculture (Tommy speed up the implementation of the Tomscoll). Commenting on this leadership, COI’s recommendations and cancellation 83 COI Commissioner John Numapo said: of the leases, but again no actual progress was made. “I am at a loss to understand why More than two years later, in August 2017, a the Ministers for lands, forestry new ‘Customary Land Advisory Committee’ and agriculture have been given was announced to trawl through the SABLs, the task to implement the with the promise of investigating each one recommendations of the COI independently. However, of the 10 SABLs when it was their respective reportedly cancelled as of February 2018, four are ones voluntarily surrendered, four departments that were are the result of court cases that were responsible for the management happening anyway, and only one seems to and administration of SABLs, have actually been cancelled. This is the and that messed up the whole SABL held by Purari Development Holdings SABL scheme. Adverse findings in Ihu, Baimuru. were made against these Since February 2018 there have been no government agencies, including further announcements, and a written their respective ministers, so request for an update from ACT NOW! in how on earth do we expect them May 2018 has not been replied to.84 It thus to effectively implement the remains to be seen whether this process will recommendations of the COI?”80 be any more comprehensive and effective than any of the previous committees, or whether it is just for show. In the meantime, some five million hectares of customary land still remains in foreign hands with logging continuing every day in some SABL areas.85 6 Using the courts to resist the SABLs 24 © Act Now! © Act

Although there has been little movement by Maniwa v Malijiwi [2014] the government to revoke illegal SABLs, a SABL over Portion 144 C, East Sepik small but growing number of communities Province, granted to Sepik Oil Palm have succeeded in using the courts to have Plantation Limited in September 2008. The specific SABLs cancelled. In the absence of a judge endorsed the view that in order to swift change of policy and practice at the lawfully grant a SABL over customary land, national level, these precedents offer a the Minister must comply with all the potential route for other communities to requirements of Section 10, 11, and 102 of follow, especially those SABLs which have the Land Act, which they did not. The SABL already been declared illegal by the COI.86 also breached Article 53 of the Constitution concerning the right not to be unjustly ACT NOW! has found seven legal cases in deprived of property. The SABL was the official Law Reports in which the validity declared null and void, and actions of a Special Agriculture and Business Lease dependent on the existence of the SABL, has been challenged in the courts. In all including logging and palm oil were declared cases the court found the SABL had not illegal and null and void. been granted in accordance with the law and proper process and the breaches were Isu v Ofoi OS [2014] so serious that the lease was declared null Two SABLs granted in July 2012 were both and void. found null and void and quashed. They were SABLs over Portion 113C Milinch Murua Gire Gire Estates Ltd v Barava Ltd Fourmil Tufi, Oro Province granted to Sibo [2016] Management Limited, and the SABL over National Court decision on a judicial review Portion 143C Milinch Kupari Fourmil Tufi, of the decision to grant a SABL found the Oro Province granted to Wanigela Agro lease was granted in breach of sections 10, Industrial Limited. The original owner copies 11 and 102 of the Land Act and the Land of the title deeds were ordered to be Registration Act. The judge ruled that the surrendered to the Registrar of Titles for actions were tantamount to constructive cancellation and the Registrar to make all fraud and the lease was void. necessary amendments and deletions to the Register of State Leases to give effect to this Order. Using the courts to resist the SABLs 25

“To lawfully grant a Special Mota v Camillus [2014] Two 99-year SABL leases granted in 2008 Agricultural and Business Lease over land in the Nakanai area of West New over customary land the Minister Britain, totalling 577ha. The leases were must comply with all of the granted to Akami Oil Palm Limited (now requirements of Sections 10, 11 Akami Development Limited). The leases and 102. The elaborate were declared null and void and quashed on procedures in Sections 10, 11 and the grounds of constructive fraud as “none 102 of the Land Act have been of the elaborate procedures under Sections inserted for a reason: to ensure 10, 11 and 102 of the Land Act for acquisition that leases over customary land by the State, by lease, of customary land, and are granted only after a thorough granting of Special Agricultural and Business identification and investigation of Leases over such land to third parties, were the land and the customary complied with”. landowners and their agreement to what is proposed. In PNG land Mahuru v Dekena [2013] SABL granted over an 8.51ha block of land at is a critical natural resource Taurama Valley in the National Capital required by National Goal District in June 2010. The Court found that Number 4 to be conserved and the procedures in the Land Act were not used for the benefit of the followed by the Minister. The errors of law present generation and for the were so numerous and serious as to amount benefit of future generations. to constructive fraud. The Court quashed Decisions about the transfer of the lease and declared it null and void. Justice interests in customary land must Cannings stated: be made carefully and thoughtfully and in strict accordance with procedures prescribed by law.” © Greenpeace 26 The SABL land grab: Papua New Guinea’s ongoing human rights scandal

registration of the lease. the of registration the cancel or de-register to Titles of Registrar the ordered also court The Titles. of Registrar by the lease the of registration the and lease the granting Lands for Minister the of decision the quashing order an granted court The 2003. August in Province Madang Ramu, Fourmil Sepu, 19C, Milinch portion as described over land granted SABL vTemu Ltd Nickel [2007] Ramu and void. null declared was lease The flawed. were seriously lease the grant to decisions Secretary’s The landowners. the among agreement of lack a was There significant. law were of errors The process. either to agree not did them of majority a substantial at least or landowners customary the as with 102 complied were not Section under lease 10 11 and the of Sections granting for and under State by the land the of acquisition for procedures the that found court The 2008. December in Limited Holdings Musida to Tufi Fourmil granted Gona, Milinch over 211,600ha 16C, SABL at Portion land of [2010] v Kimas Ltd Company Valley Management Musa © Act Now! Act © continues under newly issued FCAs. issued newly under continues still report locals which logging the stopped 2016. have not However, decisions court the August in SABL the against ruled again which Court Supreme the to appealed company The operations. palm oil and logging of cessation the ordered and SABL the nullified Court National the operations, commenced company the 2014, In after forests. five years the into way their bulldozing by literally and community, the within afew individuals and officials government police, with by working opposition local circumvented had company palm oil the cases other many in As area. the in grabs land against fight the in figure aleading became Molok Gabriel late the program, the of founder The rights. their of landowners inform to created NGO a local Program, Development Turubu Forestry Eco by the supported was Province, Sepik East Turubu in Ltd Bay, Plantation Palm Oil Sepik to issued SABL the to challenge court The over. is battle the mean necessarily not does court However, in awin securing stop them. to position no in is family the authorities the of support the either. land Without their on Kwila trees the log to continuing company Province West Sepik Bewani, in Elis, of village the in daughter Kwembi’s by Anna secured company logging aMalaysian against order restraining The foreign companies and local speculators. local and companies foreign to irresistible seem forests their as battle court yet another in noware embroiled yet they palm; oil and logging for land their of leasing illegal the against actions court successful mounted have Province Oro twice in Bay Collingwood of people the Similarly, 89

, has not stopped the the stopped not , has 87

27 © Greenpeace

Villagers in West Pomio, led by Paul Pavol, On the whole though, the playing field is not have also turned to the courts, with the help level with local people at a serious of environmental lawyers CELCOR, in part disadvantage against the system that upholds to overturn restraining orders preventing the land grabs through SABLs. Local people Pavol and six other customary landowners don’t have financial or physical access to from entering their own territories (a tactic courts or lawyers to secure the fulfilment of used by the logging companies to intimidate their rights. For example, an overnight ferry customary owners). The local, district, and ride followed by a one-hour flight is required provincial land courts have been dismissive, to travel from Pomio to Port Moresby, and and the landowners have had no support this three-day return journey is itself from the Member of Parliament for Pomio or unaffordable for most people. Lawyers are the ILG presidents who are also beneficiaries also very expensive and the logging of the land grab. But they are determined to companies engage the top law firms and stop the loggers and have succeeded in their routinely fly-in overseas counsel to defend legal battle against the restraining orders any litigation. Plaintiffs can also be susceptible which were overturned by the National to pressure to withdraw their case. These Court in 2018. Their fight against land factors make SABLs extremely hard to grabbing and deforestation continues with challenge, especially on a case-by-case basis. renewed vigour. This 2018 victory sets an The burden of proving that they have not important precedent for other customary been consulted falls on landowners who are landowners who are subject to similar ill equipped to deal with the challenge, and restraining orders.90 wary of the corruption and intimidation they may encounter, at both local and national levels. 7 SABLs and the international human rights framework 28 © Act Now! © Act

Given the fact that next to nothing has been articles enshrine people’s rights to life, done to address the systemic aspects of liberty and security; the economic, social SABL-mandated land grabbing in PNG – in and cultural rights indispensable to human spite of the results of the COI and regardless dignity; and the right to a standard of living of the explicit promises made by the Prime adequate for human health, including food Minister – it becomes ever more important to and housing. Article 25, for example, assess the situation in relation to the recognises the right of everyone “to a international human rights framework, to standard of living adequate for the health consider what options there might be for using and well-being of himself and of his family, it to finally drive real change on the ground. including food.”91

There are several UN treaties pertaining The abuse of the SABL process in PNG can to human rights that relate, either directly be said to contravene all of these rights, by or indirectly, to illegal land grabbing, arbitrarily depriving customary owners of especially because of the way in which land access to their own lands, and to the food grabs and associated violence can deprive and other resources they derive from those vulnerable peoples of their rights to life, lands; because of associated intimidation and self-determination, security, land, livelihood, violence, including the destruction of housing, and adequate food and/or water. houses; and by forcing people to accept extremely poorly paid work on their own First and foremost there is the Universal lands, which has been described as virtual Declaration of Human Rights 1948, slavery, to survive.92 which is considered to be customary law binding on all states, and therefore applicable PNG’s Constitution is notable for the fact in Papua New Guinea. The most directly that it is one of the few around the world applicable article establishes individuals’ that contains all the rights and freedoms rights to own property, and not to be articulated in this Declaration, which can arbitrarily deprived of it. Other pertinent therefore be enforced by PNG’s judiciary.93 SABLs and the international human rights framework 29

Illegal SABLs breach seven fundamental human rights

Illegal SABLs breach the following fundamental rights protected in the Universal Declaration on Human Rights because people have been forcibly and illegally exiled from their own lands – their home for generations – and denied their means of subsistence, especially through illegal logging and oil palm planting:

• Article 3: The rights to life, liberty and security of person.

• Article 7: Equality before the law and equal protection of the law.

• Article 8: An effective remedy by the competent national tribunals for acts violating the fundamental rights granted by the constitution or by law.

• Article 9: Freedom from arbitrary arrest, detention or exile.

• Article 12: Freedom from arbitrary interference with privacy, family, home.

• Article 17: No arbitrary deprivation of property.

• Article 25: The right to a standard of living adequate for health and well-being, including food and housing

The International Covenant on PNG ratified both these treaties on 21 July Economic, Social and Cultural Rights 2008.96 However, the illegal application of the (ICESCR)94 and the International SABL process, as determined by the COI, Covenant on Civil and Political Rights has resulted in people’s lands being leased, (ICCPR)95 are similarly relevant. Both take for several generations, without their people’s right to self-determination as their knowledge, depriving them of their right to starting point, and go on to state that, “All self-determination, and causing their access to peoples may, for their own ends, freely dispose food and their living conditions to plummet.97 of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.” 30 The SABL land grab: Papua New Guinea’s ongoing human rights scandal SABLs and the tofood right means to ensure their livelihood, to their ensure includingmeans food security. and resources of utilization and to access people’s strengthen that activities in engage proactively must States 12 says it No which Comment in General its in further food to right the defined has Rights Cultural and Social Economic on Committee The right.” this of realization the ensure to steps appropriate take “to them requires and conditions” living of improvement continuous the to and housing, and clothing food, adequate including family, his and himself for living of standard adequate an to everyone of right the “recognize States that stipulates 2008) in ratified 11.1 Guinea New hunger. Papua (which Article ICESCR of from freedom ensure to food, safe and adequate nutritionally sufficient, to all for access ensure to states 11 obliges Article ICESCR of grabbing. land of aspect rights-related human acritical is food securing of means the of deprived Being “ leases: and acquisitions land large-scale on debate the to food firms” as such actors “private including others, preventing governments includes this that observed has Schutter, de Olivier (OHCHR), Rights Human for Commissioner High the of Office the from food to right the on Rapporteur Special Former Olivier De Schutter De Olivier insecurity…” food in result not will this that ensuring without agreements such negotiated they if food to right the violating be also would They livelihoods. local populations from access to productive resources to their indispensable the depriving were foreign), or they domestic (whether investors to land selling or by leasing if, food to right human the of violation in acting be would States from encroaching on people’s right to food, explicitly linking the right to to right the linking explicitly food, to right people’s on encroaching from 99

SABLs, land grabbing and human rights

ICESCR’s Committee on Economic, Social and Cultural Rights has also published a General Comment on states’ obligations under ICESCR, specifically concerning business activities and land grabbing, which is highly pertinent to the SABL issue in PNG. It states that:

“The obligation to respect economic, social and cultural rights is violated when States parties prioritize the interests of business entities over Covenant rights without adequate justification, or when they pursue policies that negatively affect such rights. This may occur for instance when forced evictions are ordered in the context of investment projects. Indigenous peoples’ cultural values and rights associated with their ancestral lands are particularly at risk. States parties and businesses should respect the principle of free, prior and informed consent of indigenous peoples in relation to all matters that could affect their rights, including their lands, territories and resources that they have traditionally owned, occupied or otherwise used or acquired.”100

A 2018 report from OHCHR Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Leilani Farha, explains that forced evictions constitute a gross violation of a range of human rights, which may include abuses of the right to security, food and water, as well as housing, as well as impinging on people’s rights to work, health and education. The report observes that forced evictions impact the most marginalised and least powerful communities disproportionately, and that they intensify existing inequalities and drive social conflict. Illegal SABLs are arguably driving a process of forced evictions, by depriving communities of access to their own lands, without their consent and sometimes through the use of restraining orders.101

The International Convention on the Rights Council (Section J), in which the Elimination of All Forms of Racial Committee on the Elimination of Racial Discrimination (UNCERD) is also highly Discrimination additionally mentions its relevant to the situation in Papua New concern about alleged denial of access to Guinea. The abuse of the SABL process has judicial remedies for indigenous landowners led to widespread discrimination against under PNG’s Compensation (Prohibition of PNG’s indigenous customary landowners in Foreign Legal Proceedings) Act (1996) and favour of foreign companies wanting to Environmental (Amendment) Act 2010, access PNG’s natural resources. This is specifically in relation to the destruction of already recognised in the last Universal their lands and resources.102 Periodic Review of PNG by the UN’s Human 32 The SABL land grab: Papua New Guinea’s ongoing human rights scandal grabbing cases. grabbing land prosecute to ICC the enables and 2002 force in into entered Statute’, which ‘Rome its under ICC the to taken being abuse of cases with humanity, against crime a considered be should world the around (ICC) Court International Criminal the to directly and publicly, –both suggested now been has It arises. thus norms and treaties international of implementation the ensure how to of question presumably to opposition. appease The from manoeuvres political Prime Minister the and promises false eliciting possibly than other government, the on impact discernible much had far so not has Guinea, New Papua obligations, endorsed, adhered to or ratified by and treaties these all of existence The environmental destruction. and resources natural of exploitation land, of dispossession illegal the to relating crimes to consideration special giving consider indeed would ICC the that indicates ICC the of Prosecutor the of Office the unpunished” go not must awhole as community international the to concern of crimes serious most “the that identify and safeguard these rights. these safeguard and identify proactively to governments requires and activities traditional and subsistence their for on rely and occupy traditionally they lands the possess and own Indigenous Tribal and Peoples Convention (ILO), the Organization Labour 169 No. International Convention the of SABLs indigenous and peoples’ rights without their Free, Prior and Informed Consent (FPIC). Consent Informed and Prior Free, their without them from taken not is land ensure to governments on calls and freely, resources and wealth natural their of dispose to right Peoples’ Indigenous establishes which (UNDRIP) Peoples Indigenous of Rights the on Declaration Nations United the under grabbing, land from including protected, be should minorities ethnic and not participate in the UNDRIP vote. UNDRIP the in participate not contravenes both. However, PNG has not signed the ILO Convention ILO the However, signed not both. has PNG contravenes even or knowledge, consent landowners’ customary without frequently process, , and a 2016 policy paper from a2016 from , and paper policy – that illegal land grabbing grabbing land illegal –that 107 The Rome Statute states states Statute Rome The 108

103 106 Similarly, of rights groups indigenous the

recognises indigenous peoples’ right to to right peoples’ indigenous recognises all else fails. else all if Guinea, New Papua in needed change the (eventually) could drive that negotiated being currently are agreements new important two treaties, existing the to addition In veto such resolutions. potentially could it that member, meaning Council Security apermanent also is and PNG, from timber illegal for however, destination main the is China since and implementing it).and implementing ratifying toward steps take to committed has it (although Statute Rome the to a signatory currently not is However, Guinea New Papua prosecutor. ICC the to state anon-signatory involving asituation refer to Council Security UN the for possible be still would it situations either. Statute Rome the signed not has Malaysia because necessary be would route another are Malaysian, companies foreign logging the of most where Guinea, New Papua of case the in But statute. the signed has that acountry of anational –is aperson be have to does it far so –and accused person the if Statute Rome the apply to possible still 110 It has been proposed that in such such in that proposed been has It 111 104 This might be problematic problematic be might This The abuse of the SABL SABL the of abuse The 109 Nevertheless, it is is it Nevertheless, 105 and did did and

The first of these is the planned legally to be brought before an international binding ‘UN Treaty on transnational court (as opposed to individuals within corporations and other businesses with those companies). respect to human rights’ – negotiations on a ‘zero draft treaty’ are due to commence The second new agreement is a UN in October 2018. This would constitute a declaration on the rights of peasants significant step beyond current voluntary and other people working in rural approaches (such as the UN Guiding areas, which the international peasant Principles on Business and Human Rights) movement La Via Campesina and others that are supposed to be adhered to by have been demanding. A draft declaration – businesses. These have clearly made no which was adopted by the UN Human Rights difference to the foreign logging companies Council112 – is currently under consideration currently operating in PNG. The purpose of and will go to the UN General Assembly in this treaty, which civil society organisations October 2018. The declaration addresses have been pressing for over many years, is to key human rights challenges such as the right end transnational corporations’ impunity and to seeds, collective rights and the rights to attain justice for those suffering as a result of land and food, all of which are highly corporate human rights violations. It would pertinent to the current situation in PNG.113 enable the logging companies themselves 34 The SABL land grab: Papua New Guinea’s ongoing human rights scandal that Papua New Guinea has failed to submit any reports since 1984. since reports any submit to failed has Guinea New Papua that noting Also information. adequate with them providing not and landowners the of consent the without SABLs of issuing the through lands indigenous of alienation the about concern expressing government Guinea New Papua the to letter 2011 March 11 impacts. rights human the and scheme SABL the under acquisitions land large-scale the about questions of aseries raising government Guinea New Papua the to aletter sent sanitation and water drinking safe to right human the on Rapporteur Special the and people; indigenous of rights the on Rapporteur Special the food; to right the on Rapporteur Special the corporations; transnational and rights human of issue 2014 the on Working Group 18 –UN February operations. logging the stop and SABLs the cancel to action concrete of lack the about 2011 of concern letter its expressing and to response any of lack the noting government, Guinea New Papua the to letter Discrimination Racial of Elimination the on 201617 Committee –UN February rights. land communal to relation in –particularly forces security the of by members violations and force, excessive of use the logging, illegal and grabbing land prevent how to included raised issues Other lands). their affecting activities to consent informed and prior full their (including guaranteed be to people indigenous of rights full the for need the and grab land SABL the to relating issues raise to process Review Periodic Universal the used Switzerland 2016 May with the complicity of local police” local of complicity the with sometimes allegedly and impunity with violently, reportedly often homes, their from evicted forcibly been have communities Many (SABL). Leases Business Agricultural Special the under particularly land, affected the on living people the of consent informed and prior free, the without industries extractive in engage to licenses granted been had businesses many that unacceptable was “it said publicly Guinea New Papua to avisit on Rights Human for 2018 Commissioner High –UN 9 February actors. by other reinforced and coordinated better increased, be to efforts UN for need the to points This communities. affected of rights human the protect to action government influencing in effective be to proved NOT 2011. have far so since issue SABL over interventions the These government Guinea New Papua the with have engaged bodies Nations United Various Nations interventions United – Countries including Norway, Mexico, Chile, Guatemala, Thailand and and Thailand Guatemala, Chile, Mexico, Norway, including –Countries – UN Committee on the Elimination of Racial Discrimination Discrimination Racial of Elimination the on Committee –UN . 114

8 Recommendations 35

In spite of Papua New Guinea’s progressive • Prove its commitment to recognising and Constitution – which protects human rights implementing citizens’ human rights by for all of its citizens, recognises the signing and ratifying all international human customary landownership of its indigenous rights conventions, and the Rome Statute population, and seeks to ensure that the of the International Criminal Court.116 country remains independent and free of foreign influence – the ongoing SABL saga • Ensure that communities’ rights to Free shows just how far away the current Informed Prior Consent to any activities executive and legislative branches are from taking place on customary land are fully implementing the population’s human rights respected and enforced including the need and aspirations. This is underpinned by the for adequate awareness-raising prior to fact that Papua New Guinea has signed just any decision making. six of the thirteen international human rights conventions.115 • Move to stop corruption and human rights abuses by establishing the Independent Almost all of the SABLs that have so far been Commission Against Corruption and publicly reported on were declared illegal Human Rights Commission that have been several years ago, but only a handful have promised for more than a decade.117 been revoked, and most of those have been quashed through court cases brought by • Ensure that all police and military landowners. Furthermore, it seems that personnel are removed from all SABL and Forest Clearance Authorities are still being logging areas and end the practice of state issued in SABL areas by the Forest Authority, resources being used on behalf of foreign and Papua New Guinea’s timber exports companies against the people. from SABLs have now increased to around one million m3 per year. Customary • Revoke all illegal SABL leases immediately, landowners thus continue to struggle to returning related territories to customary enjoy their rights to their own lands and landowners, and relieving customary livelihoods, security, food and water, which landowners of the burden of pursuing they have been illegally deprived of. Those costly court cases themselves. engaged in the incoming timber and agribusiness industries are also suffering • Ensure that the new Customary Land appalling working conditions. Corruption Advisory Committee rapidly completes its and fraud appear to remain endemic across review of all SABLs including those that the country, preventing the rapid change the third COI Commissioner failed to that was explicitly called for by the report on, and provides regular public Commission of Inquiry in 2013. updates about its work.

In order to secure the human rights of • Immediately suspend all Forest Clearance Papua New Guinea’s citizens, in line with Authorities that relate to SABL areas, and the country’s Constitution and its implement a moratorium on issuing any commitments under the UN Declaration of new FCAs until an independent public Human Rights, the International Covenant review of existing FCAs and how they on Economic, Social and Cultural Rights, were issued has been conducted. and the International Covenant on Civil and Political Rights, the Government of Papua New Guinea should: 36 The SABL land grab: Papua New Guinea’s ongoing human rights scandal • • should This include: grabbing. land to respect with including have signed, they international conventions human rights that those and Rights Human of Declaration UN the to respect with commitments their fulfil Guinea, New Papua as such States, Member UN that ensuring of ways governments other and Nations United The resources. and lands their of destruction the prevent and rights human their secure to struggling landowners customary support proactively should and citizens, country’s the of wellbeing the improving in Guinea New Papua in influencers and officials local other and Parliament of Members • •

Other People Working in Rural Areas. Rural in Working People Other and Peasants of Rights the on Declaration UN the and Rights, Human to Respect with Businesses Other and Corporations Treaty Transnational proposed on the of The negotiation and successful conclusion humanity. against crimes as cases grabbing land abusive challenge to Council Security and/or UN Court Criminal International the of use The restored. and protected are resources natural other and forests country’s the and entities, foreign than rather landowners customary by directly enjoyed are lands customary of benefits the Constitution, the with line in that, ensuring concept, SABL the on based any proposals exclude economy Guinea’s New Papua of development future the for plans that Ensure law. the uphold and landowners customary of interests the protect to failed having as Inquiry of Commission the in identified officers all against action disciplinary Instigate also have an important role to play play to role have important an also need to find more effective effective more find to need • UNCERD and Rapporteurs Special OHCHR SABLs, to in relation especially flouted, have been all Discrimination, Racial of Forms all of Elimination the on Convention International the and Rights, Political and Civil on Covenant International the Rights, Cultural and Social Economic, on Covenant International the that clear is it where specifically, Guinea New Papua of case the In • • should: governments countries’ Other been fully and effectively implemented. effectively and fully been have yet not Inquiry, of Commission the of those and Guinea, New Review Papua for Periodic Universal last the to relation in including recommendations, why exactly investigate to Guinea New Papua visit and correspondence earlier on up Follow other countries. countries. other to exports it that products flooring and furniture manufacturing in used timber of sources the identify consistently to China on by calling including imports, timber illegal on bans implement to measures by improving timber Guinean New Papua for demand Reduce obligations. rights human respect and lawfully so do Guinea New Papua in operating corporations and citizens their that Ensure should: 118

Notes

1 “New Guinea.” WWF Global. Accessed August 24, 2018. 13 Mousseau, Frederic. On Our Land. http://wwf.panda.org/knowledge_hub/where_we_work/ new_guinea_forests/. 14 Mousseau, Frederic. On Our Land; Forest Legality Initiative, https://forestlegality.org/risk-tool/country/papua-new-guinea 2 Stained Trade: How US imports of exotic flooring from ChIna risk driving the theft of indigenous land and deforestation in Papua 15 Gabriel, Jennifer, Paul N. Nelson, Colin Filer, and Michael New Guinea. Global Witness, https://www.globalwitness.org/ Wood. “Kastom, Property and Ideology, Land transformations en/campaigns/forests/stained-trade/ in Melanesia, Chapter 7, Oil Palm Development and Large- Scale Land Acquisitions in Papua New Guinea.” ANU Press. 3 “Illegal Logging.” Global Forest Atlas, Yale School of Forestry Last modified 2017. http://press-files.anu.edu.au/downloads/ and Environmental Studies. Accessed August 24, 2018. https:// press/n2414/html/ch07.xhtml?referer=2414&page=13 globalforestatlas.yale.edu/forest-use-logging/logging/illegal- logging. 16 “The Commission of Inquiry into Special Agriculture Business Leases (SABLs): A Summary of Findings.” ACT NOW! June 4 Ibid 2016. http://actnowpng.org/sites/default/files/publications/ SABL%20COI%20Brochure%20June%202016.pdf; “Special 5 Kanti Barua, Sepul, Juho Penttilä, and Miika Malmström. China Agricultural Business Leases (SABL)” ACT NOW!, 2015. http:// as a Timber Consumer and Processing Country: An Analysis of actnowpng.org/sites/default/files/publications/SABL_Flyer_ China’s Import and Export Statistics with in-depth Focus on Trade Community_Version_Draft_3_2Jul2015_Final.pdf ; Breaking with the EU. Helsinki: Indufor for WWF, 2016. https://www. New Ground: Investigating and Prosecuting Land Grabbing as an wwf.org.uk/sites/default/files/2017-03/WWF%20UK%20%20 International Crime. Vancouver: Allard International Justice and Indufor%20China%20Timber%20Trade%20-%20Final%20 Human Rights Clinic, Allard School of Law, 2018. http://www. Report_dec16.pdf. p41. allard.ubc.ca/sites/www.allard.ubc.ca/files/uploads/IJHR/ breaking_new_ground_-_allard_ijhr_land_grabbing_ 6 “Log Exports Reach New Peak Despite Government manual_-_public_version.pdf. Promises.” PNGexposed Blog. June 29, 2015. https://pngexposed. wordpress.com/2015/06/29/log-exports-reach-new-peak- 17 Breaking New Ground: Investigating and Prosecuting Land despite-government-promises/. Grabbing as an International Crime.

7 https://www.globalwitness.org/en/campaigns/forests/ 18 Filer, Colin. “Kastom, Property and Ideology, Land stained-trade/ transformations in Melanesia, Chapter 8, The Political Ramifications of Papua New Guinea’s Commission of Inquiry.” 8 Brack, Duncan, Adelaide Glover, and Laura Wellesley. ANU Press. Last modified 2017. http://press-files.anu.edu.au/ Agricultural Commodity Supply Chains: Trade, Consumption and downloads/press/n2414/html/ch08. Deforestation (Research Paper). London: Chatham House, 2016. xhtml?referer=2414&page=14#. https://www.chathamhouse.org/sites/default/files/publications/ research/2016-01-28-agricultural-commodities-brack-glover- 19 Ibid wellesley.pdf. 20 For example, many journalists complain of both attempted 9 Agri-food Trade Statistical Factsheet: European Union – Papua bribery and intimidation aimed at influencing coverage by New Guinea. Brussels: European Commission, 2018. https://ec. agents of members of parliament and other government europa.eu/agriculture/sites/agriculture/files/trade-analysis/ figures. Self-censorship by journalists is common, especially statistics/outside-eu/countries/agrifood-papua-new-guinea_en. when reporting on contentious political events. Papua New pdf. Guinea 2017 Human Rights Report. US Department of State, 2017. https://www.state.gov/documents/organization/277353. 10 Project Appraisal Document, PNG Productive Partnerships pdf. in Agriculture Project, World Bank, 31 March 2010. p1. 21 https://www.state.gov/documents/organization/277353.pdf. 11 This is inferred from a total population of over 7.5 million people of whom 85% live in rural communities and the land 22 Breaking New Ground. p22 grab affecting more than 10% of the total land area. 23 https://www.state.gov/documents/organization/277353.pdf. 12 “Papua New Guinea: Constitution of the Independent State of Papua New Guinea.” WIPO – World Intellectual Property 24 http://press-files.anu.edu.au/downloads/press/n2414/html/ Organization. Accessed August 23, 2018. http://www.wipo.int/ ch08.xhtml?referer=2414&page=14# wipolex/en/text.jsp?file_id=199188#LinkTarget_1807; Mousseau, Frederic. On Our Land: Modern land grabs Reversing 25 COI Inquiry into SABLs: Summary of Findings, leaflet. ACT independence in Papua New Guinea. California: Oakland NOW! Institute, 2013. https://www.oaklandinstitute.org/sites/ 26 oaklandinstitute.org/files/OI_Report_On_Our_Land.pdf; “Our http://press-files.anu.edu.au/downloads/press/n2414/html/ National Goals and Directive Principles.” Home | ACT NOW! ch08.xhtml?referer=2414&page=14# (blog). n.d. http://actnowpng.org/content/our-constitutional- 27 “Bewani ILG Chairmen ‘assaulted and Forced to Sign SABL goals-and-directive-principles Agreements’.” ACT NOW! (blog). 38 The SABL land grab: Papua New Guinea’s ongoing human rights scandal papua-new-guinea papua-new-guinea https://www.hrw.org/world-report/2017/country-chapters/ discussion_papers/DP60_Anti-corruption-allocations-PNG.pdf discussion_papers/DP60_Anti-corruption-allocations-PNG.pdf Papua New Guinea”, http://devpolicy.org/publications/ in anti-corruption on spending and for allocations of decade 2017 in down NOW! stained-trade/ stained-trade/ 33 33 32 31 30 29 28 48 48 47 46 45 44 43 Flyer_Community_Version_Draft_3_2Jul2015_Final.pdf. 42 41 40 39 38 37 36 35 34 police-against-customary-landholders. police-against-customary-landholders. actnowpng.org/blog/blog-entry-provincial-govt-sends-armed- Landholders.” ch08.xhtml?referer=2414&page=14# ch07.xhtml?referer=2414&page=13# European 2016. Parliament, Union European the outside grabbing land in entities financial and corporate European of involvement the rights: human and grabbing ch08.xhtml?referer=2414&page=14# blog-entry-police-and-army-accused-serving-sabl-loggers. blog-entry-police-and-army-accused-serving-sabl-loggers. NOW! NOW! The interagency Investigation Task Force Sweep was closed closed was Sweep Task Force Investigation interagency The http://press-files.anu.edu.au/downloads/press/n2414/html/ https://www.globalwitness.org/en/campaigns/forests/ Grant WaltonGrant and promises: Husnia a Hushang, “Promises, http://actnowpng.org/sites/default/files/publications/SABL_ “Provincial Govt Sends in Armed Police Against Customary Customary Against Police Armed in Sends Govt “Provincial Ibid http://press-files.anu.edu.au/downloads/press/n2414/html/ https://www.state.gov/documents/organization/277353.pdf. Ibid Breaking New Ground New Breaking https://www.state.gov/documents/organization/277353.pdf. COI Inquiry into SABLs: Summary of Findings, leaflet. ACT ACT leaflet. Findings, of Summary SABLs: into Inquiry COI http://press-files.anu.edu.au/downloads/press/n2414/html/ Ibid ACT ACT loggers.” SABL serving of accused army and “Police Human Rights Watch. Papua New Guinea, Events of 2016, of Events Guinea, New Papua Watch. Rights Human https://www.globalwitness.org/en/campaigns/forests/ Mirou. Mirou. COI Inquiry into SABLs: Summary of Findings, leaflet. ACT ACT leaflet. Findings, of Summary SABLs: into Inquiry COI Land Land Netherlands. Studies, Social of Institute International (blog). September 7, (blog). September 2017. http://actnowpng.org/blog/ COI SABL ACT NOW! ACT Report. . Reference 78. . Reference (blog). October 28, 2016. http:// 28, October (blog). . stained-trade/ stained-trade/ enforced enforced minister-must-ensure-police-ban%E2%80%A8-sabl-areas- NOW! ACT pomio-villagers-reject-mps-defence-illegal-sabl-land-grab. pomio-villagers-reject-mps-defence-illegal-sabl-land-grab. 2017. 2, http://actnowpng.org/blog/ February (blog). NOW! ACT sabl-logger-cheating-bewani-locals. 13,September 2017. http://actnowpng.org/blog/blog-entry- 56 56 blog-entry-dirty-sabl-palm-oil-hit-international-market. NOW! 55 54 53 52 51 50 49 64 64 63 62 61 60 59 58 57 minister-promises-stop-sabl-abuses. minister-promises-stop-sabl-abuses. actnowpng.org/success/campaign-success-august-2017-police- 2017. 22, http:// August (blog). NOW! Stop ACT Abuses, SABL to Promises 2017: Minister “August Police pomio-communities; actnowpng.org/blog/police-violence-intimidation-against- 1, 2016. http:// November (blog). NOW! ACT Communities.” logging-pirates-hi.pdf. oaklandinstitute.org/sites/oaklandinstitute.org/files/taking-on- Guinea speak out! accused-serving-sabl-loggers commissioners-orders-and-facilitating-illegal-logging. commissioners-orders-and-facilitating-illegal-logging. actnowpng.org/blog/blog-entry-enb-police-defying- 21, 2016. http:// December (blog). NOW! ACT Logging.” Illegal many-large-scale-frauds/. many-large-scale-frauds/. com/2017/11/29/supreme-court-condemns-png-lng-as-one-of- November 29, 2017. https://ramumine.wordpress. (blog). Watch Mine Frauds’.”’large-scale Guinea New Papua communities-sabl-areas communities-sabl-areas report-confirms-police-working-rimbunan-hijau-brutalize- November 10, 2014. http://actnowpng.org/blog/multi-agency- Now! Act areas.” SABL in communities brutalize Hijau Puppets’.” company-puppets. company-puppets. org/blog/blog-entry-pomio-communities-slam-sabl-support- ACT NOW! ACT Locals.” Bewani Cheating Logger “SABL “ENB Police Defying Commissioners Orders and Facilitating Facilitating and Orders Commissioners Defying Police “ENB Ibid Ibid https://www.globalwitness.org/en/campaigns/forests/ “Minister must ensure police ban in SABL areas enforced.” enforced.” areas SABL in ban police ensure must “Minister “Pomio Villagers Reject MPs Defence of SABL Land Grab.” Grab.” Land SABL of Defence MPs Reject Villagers “Pomio ACT ACT Market.” International the Hit to Oil Palm SABL “Dirty Taking on the Logging Pirates: Land defenders in Papua New New Papua in defenders Land Pirates: Logging the on Taking “Multi-agency report confirms police working for Rimbunan Rimbunan for working police confirms report “Multi-agency https://www.globalwitness.org/en/campaigns/forests/ “Supreme Court Condemns PNG LNG As One of Many Many of One As LNG PNG Condemns Court “Supreme http://actnowpng.org/blog/blog-entry-police-and-army- Ibid “Police Intimidation and Violence Against Pomio Pomio Against Violence and Intimidation “Police “Pomio Communities Slam SABL Support by ‘company ‘company by Support SABL Slam Communities “Pomio (blog). September 6, 2016. 6, (blog). September http://actnowpng.org/blog/ ACT NOW! ACT (blog). http://actnowpng.org/media/media-release- Oakland Institute, 2017. https://www. Institute, Oakland (blog). March 30, 2017. 30, http://actnowpng. March (blog). (blog). (blog). (blog). (blog). 39

65 “Bewani ILG Chairmen ‘assaulted and Forced to Sign SABL 86 “SABL Warrior Wins International Human Rights Award in Agreements’.” Act Now! (blog). New York.” ACT NOW! (blog). September 30, 2016. http:// actnowpng.org/blog/blog-entry-sabl-warrior-wins- 66 “SABL Land Grab Dividing Families.” ACT NOW! (blog). international-human-rights-award-new-york. October 4, 2017. http://actnowpng.org/blog/blog-entry-sabl- dividing-families. 87 https://www.oaklandinstitute.org/sites/oaklandinstitute.org/ files/taking-on-logging-pirates-hi.pdf. 67 “SABL Slavery! Pomio Land Grab Fails to Deliver on Promises.” ACT NOW! (blog). August 30, 2016. http:// 88 http://pngicentral.org/reports/serious-doubts-over- actnowpng.org/blog/blog-entry-sabl-slavery-pomio-land-grab- collingwood-bay-logging-legality fails-deliver-promises. 89 “SABL Land Grab Dividing Families.” ACT NOW! (blog). 68 “http://actnowpng.org/blog/pomio-villagers-reject-mps- http://actnowpng.org/blog/blog-entry-sabl-dividing-families defence-illegal-sabl-land-grab. 90 “Multi-agency Report Confirms Police Working for 69 “http://actnowpng.org/blog/blog-entry-sabl-slavery-pomio- Rimbunan Hijau Brutalize Communities in SABL Areas.” land-grab-fails-deliver-promises. ; ibid PNGExposed (Blog). November 6, 2014. https://pngexposed. wordpress.com/2014/11/06/multi-agency-report-confirms- 70 “Rimbunan Hijau Tells Communities Human Rights Impede police-working-for-rimbunan-hijau-brutalize-communities-in- Their Development.” ACT NOW! (blog). September 20, 2016. sabl-areas/; and “SABL Warrior Wins International Human http://actnowpng.org/blog/blog-entry-rimbunan-hijau-tells- Rights Award in New York.” Act Now! (blog);”PNG communities-human-rights-impede-their-development. Landowners Win Back Access to Their Land | RNZ News.” Radio New Zealand (blog). April 6, 2018. https://www.radionz. 71 Ibid co.nz/international/pacific-news/354294/png-landowners-win- back-access-to-their-land; https://www.oaklandinstitute.org/ 72 Ibid sites/oaklandinstitute.org/files/taking-on-logging-pirates-hi.pdf 73 Breaking New Ground. Reference 84. 91 Letter from UNHRC to the Papua New Guinean Ambassador to the United Nations in New York, 18 February 74 http://press-files.anu.edu.au/downloads/press/n2414/html/ 2014. Ref: AL Business enterprises (2011) Food (2000-9) ch07.xhtml?referer=2414&page=13 Indigenous (2001-8) Water (2008-1). 75 https://www.globalwitness.org/en/campaigns/forests/ 92 “Universal Declaration of Human Rights, G.A. Res. 217A (III), stained-trade/. Annex A U.N. Doc A/810 at 71 (1948).” Human Rights Library, 76 Peter O’Neill, Post Courier, 20 September 2013 University of Minnesota. Accessed August 23, 2018. http:// hrlibrary.umn.edu/instree/b1udhr.htm; Breaking New Ground. 77 “The Full NEC Decision on the SABL Land Grab.” ACT NOW! p27. (blog). June 27, 2014. http://actnowpng.org/content/full-nec- 93 decision-sabl-land-grab. “Universal Periodic Review Papua New Guinea.” OHCHR. Accessed August 23, 2018. https://www.ohchr.org/EN/ 78 http://press-files.anu.edu.au/downloads/press/n2414/html/ HRBodies/UPR/Pages/PGindex.aspx. ch08.xhtml?referer=2414&page=14# 94 Breaking New Ground. 79 Peter O’Neill, Post Courier 7 Feb. 2014 95 Ibid 80 http://press-files.anu.edu.au/downloads/press/n2414/html/ 96 ch08.xhtml?referer=2414&page=14# “Ratification status for Papua New Guinea.” OHCHR. Accessed August 23, 2018. https://tbinternet.ohchr.org/_ 81 Ibid layouts/TreatyBodyExternal/Treaty. aspx?CountryID=134&Lang=EN 82 EMTV (TV). 18 December 2014. 97 UN General Assembly, International Covenant on Civil and 83 EMTV (TV). 19 May 2014. Political Rights, 1966, United Nations, Treaty Series, vol 999, online: http://www.ohchr.org/EN/ProfessionalInterest/Pages/ 84 “Committee to Address SABL.” The National (newspaper). CCPR.aspx; UN General Assembly, International Covenant on August 31, 2017. https://www.thenational.com.pg/committee- Economic, Social and Cultural Rights, 16 December 1966, address-sabl/; “Lands Minister Working on SABL Cases.” Loop United Nations, Treaty Series, vol 993, online: http://www. PNG (blog). January 21, 2018. http://www.looppng.com/ ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx; Breaking png-news/lands-minister-working-sabl-cases-72489; “Cancelled New Ground. p27. SABLs Revealed.” Loop PNG (blog). February 6, 2018. http:// www.looppng.com/png-news/cancelled-sabls-revealed-73107. 98 Letter from UNHRC to the PNG Ambassador to the UN in New York, 18 February 2014. 85 COI Inquiry into SABLs: Summary of Findings, leaflet. ACT NOW! 40 The SABL land grab: Papua New Guinea’s ongoing human rights scandal swacmali2010/44031283.pdf. http://www.oecd.org/site/ online: (11 4, at 2009) June challenge” rights human the address to measures and principles ID:312314 ID:312314 en/f?p=1000:11300:0::NO:11300:P11300_INSTRUMENT_https://www.ilo.org/dyn/normlex/ Convention, 1989. No.169, International Labour Organization, 100 100 99 107 107 106 105 104 103 102 101 aspx. aspx. https://www.ohchr.org/EN/HRBodies/UPR/Pages/PGindex. jsp?profile=voting&index=.VM&term=ares61295 Information System http://unbisnet.un.org:8080/ipac20/ipac. Peoples Nations Bibliographic voting United record, QrJx3hlK8Odka6DUwG3Y Quoted in Breaking New Ground. New Breaking in Quoted QrJx3hlK8Odka6DUwG3Y kMD%2FSj8YF%2BSXo4mYx7Y%2F3L3zvM2zSUbw6ujlnCaw W1a0Szab0oXTdImnsJZZVQcIMOuuG4TpS9jwIhCJcXiuZ1yr SelfServices/FilesHandler.ashx?enc=4slQ6QSmlBEDzFEovLCu E/C.12/GC/24, 23 June 2017. http://docstore.ohchr.org/ Rights, Cultural and Social Economic, on Committee Version, Advance Unedited ofin the Business Activities, Context Rights Cultural and Social Economic, on Covenant International documents/DRIPS_en.pdf. United Nations. http://www.un.org/esa/socdev/unpfii/ “Large-scale land acquisitions and leases: A set of core core of Aset leases: and acquisitions land “Large-scale Breaking New Ground New Breaking Breaking New Ground New Breaking Breaking New Ground New Breaking “Universal Periodic Review Papua New Guinea.” OHCHR. OHCHR. Guinea.” New Papua Review Periodic “Universal Ratifications of C169 – Indigenous and Tribal Peoples Peoples and Tribal of C169Indigenous – Ratifications United Nations Declaration on the Rights of Indigenous Indigenous of Rights the on Declaration Nations United “UN Declaration on the Rights of Indigenous Peoples.” Peoples.” Indigenous of Rights the on Declaration “UN General Comment No. 24 on State Obligations under the the under Obligations State 24 on No. Comment General . geneva/ a-resolution-adopting-the-peasant-rights-declaration-in- 114 114 113 112 111 110 109 108 118 118 117 116 115 RuralAreas/Pages/5thSession.aspx. RuralAreas/Pages/5thSession.aspx. Council. https://www.ohchr.org/EN/HRBodies/HRC/ Rights Human UN Peasants.” of Rights the on Group Working African, Caribbean and Pacific Community and the EU the and Community Pacific and Caribbean African, states%20parties%20to%20the%20rome%20statute.aspx#P. asp.icc-cpi.int/en_menus/asp/states%20parties/pages/the%20 english.pdf. english.pdf. ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_ Accessed 23, August 2018. https://www.icc-cpi.int/nr/rdonlyres/ aspx?NewsID=22644&LangID=E, OHCHR. EN/NewsEvents/Pages/DisplayNews. at https://www.ohchr.org/ law’ of rule strengthen and corruption commission-60761. png-news/%E2%80%8Bpng-slowly-setting-human-rights- PNG https://viacampesina.org/en/un-human-rights-council-passes- Breaking New Ground New Breaking “Fifth Session of the Open-ended Intergovernmental Intergovernmental Open-ended the of Session “Fifth Loop Loop Commission.” Rights Human Up Setting Slowly “PNG “Rome Statute of the International Court.” ICC-CPI. ICC-CPI. Court.” International the of Statute “Rome ‘UN human rights chief urges Papua New Guinea to combat combat to Guinea New Papua urges chief rights human ‘UN “Ratification status for Papua New Guinea.” OHCHR. OHCHR. Guinea.” New Papua for status “Ratification “Universal Periodic Review Papua New Guinea.” OHCHR. OHCHR. Guinea.” New Papua Review Periodic “Universal “The States Parties to the Rome Statute.” ICC-CPI. https:// ICC-CPI. Statute.” Rome the to Parties States “The As part of the revised Cotonou Agreement between the the between Agreement Cotonou revised the of part As Ibid (blog). June 13, 2017. June (blog). http://www.looppng.com/ . ACT NOW! P.O. Box 5218 Boroko 111 National Capital District Papua New Guinea

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