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Land Law and Policy in Papua New Guinea analyzes the policy considerations which underscore the mechanisms for regulation of land use through a comprehensive study of Papua New Guinea society.
The main theme of this volume is a discussion of the ways in which legal mechanisms, such as the Land Groups Incorporation Act (1974) in PNG, and the Native Title Act (1993) in Australia, do not, as they purport, serve merely to identify and register already-existing customary indigenous landowning groups in these countries. Because the legislation is an integral part of the way in which indigenous people are defined and managed in relation to the State, it serves to elicit particular responses in landowner organisation and self-identification on the part of indigenous people. These pieces of legislation actively contour the progressive evolution of landowner social, territorial and political organisation at all levels in these nation states. The contributors to this volume provide in-depth anthropological case studies of social structural and cultural transformations engendered by the confrontation between states, developers and indigenous communities over rights to customarily owned land.
This book is devoted to an analysis of alternative land tenure systems in Papua New Guinea and offers a blend of philosophical, legal, sociological and economic approaches to this issue. The text is divided roughly into two sections. The first six chapters provide a religious, philosophical, historical, sociological and legal context in which to understand Melanesian culture and Melanesian customary land tenure, and its contemporary recognition within the countryâ (TM)s legal system. The early chapters review the historical approaches to customary land tenure from the pre-independence period up to and including the most recent amendments that deal with the incorporation of customary land owning groups. In these chapters we recommend that the present system be replaced with one that gives greater emphasis to formalized forms of private individual ownership and provides answers to various cultural, social and philosophical objections to such proposals. The latter section of the book demonstrates the economic advantages to be gained through the conversion of customary forms of individual land tenure to private ownership based on documented titling. The economic issues considered include the serious shortage of land for other than purely subsistence food production; the inadequacy of both food and cash crop production for export when based on customary land ownership; and the failure of the new Forestry Act to promote increased levels of sustainable production by Papua New Guineans themselves. The book concludes with examination of the scope for land registration in Papua New Guinea with reference to developments in Kenya that transformed customary ownership across much of the country into individual private ownership, and, in the Appendix, to the impact of the reversion from titled to customary land ownership across most of Zimbabwe after 2000.
Increased global demand for land posits the need for well-designed country-level land policies to protect long-held rights, facilitate land access and address any constraints that land policy may pose for broader growth. While the implementation of land reforms can be a lengthy process, the need to swiftly identify key land policy challenges and devise responses that allow the monitoring of progress, in a way that minimizes conflicts and supports broader development goals, is clear. The Land Governance Assessment Framework (LGAF) makes a substantive contribution to the land sector by providing a quick and innovative tool to monitor land governance at the country level. The LGAF offers a comprehensive diagnostic tool that covers five main areas for policy intervention: Legal and institutional framework; Land use planning, management and taxation; Management of public land; Public provision of land information; and Dispute resolution and conflict management. The LGAF assesses these areas through a set of detailed indicators that are rated on a scale of pre-coded statements (from lack of good governance to good practice). While land governance can be highly technical in nature and tends to be addressed in a partial and sporadic manner, the LGAF posits a tool for a comprehensive assessment, taking into account the broad range of issues that land governance encompasses, while enabling those unfamiliar with land to grasp its full complexity. The LGAF will make it possible for policymakers to make sense of the technical levels of the land sector, benchmark governance, identify areas that require further attention and monitor progress. It is intended to assist countries in prioritizing reforms in the land sector by providing a holistic diagnostic review that can inform policy dialogue in a clear and targeted manner. In addition to presenting the LGAF tool, this book includes detailed case studies on its implementation in five selected countries: Peru, the Kyrgyz Republic, Ethiopia, Indonesia and Tanzania.
Papua New Guinea’s two most powerful legal orders — customary law and state law —undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.
There is a vast literature on the principles of public administration and good governance, and no shortage of theoreticians, practitioners and donors eager to push for public sector reform, especially in less-developed countries. Papua New Guinea has had its share of public sector reforms, frequently under the influence of multinational agencies and aid donors. Yet there seems to be a general consensus, both within and outside Papua New Guinea, that policy making and implementation have fallen short of expectations, that there has been a failure to achieve 'good governance'. This volume, which brings together a number of Papua New Guinean and Australian-based scholars and practitioners with deep familiarity of policy making in Papua New Guinea, examines the record of policy making and implementation in Papua New Guinea since independence. It reviews the history of public sector reform in Papua New Guinea, and provides case studies of policy making and implementation in a number of areas, including the economy, agriculture, mineral development, health, education, lands, environment, forestry, decentralization, law and order, defence, women and foreign affairs, privatization, and AIDS. Policy is continuously evolving, but this study documents the processes of policy making and implementation over a number of years, with the hope that a better understanding of past successes and failures will contribute to improved governance in the future.
Developing Asia's demand for high-quality, integrated infrastructure requires a steady but equitable supply of land. However, obtaining rights over land can be complicated by hurdles imposed by geography, settlement patterns, conflicting cultures, sociopolitical factors, and land use problems unique to each country. This timely volume identifies policies that can balance the rights and interests of first nations' peoples, informal settlers, and rural landowners against the development imperatives of land procurement for the greater public good. It provides instructive case studies of the state of Asian land registration, eminent domain, and redevelopment in situations of vulnerable communities. The collected chapters also propose and assess some promising models that might be customized to local conditions, such as long-term land leasing with options to buy. This is a companion volume to ADBI Press' pioneering series of titles (all available through Brookings Press)--Infrastructure for a Seamless Asia; Financing Infrastructure in Asia and the Pacific: Capturing Impacts and New Sources; and Principles of Infrastructure: Case Studies and Best Practices. This volume will be of interest to policymakers, practitioners, academics, and students.