Report - Office of the High Commissioner on Human Rights

Group 5 – Indigenous (PNG Case)
Case – A daughter married into a different tribe from that <strong>of</strong> her fa<strong>the</strong>r’s. Because she married a man
from a different tribe, she has to make an application to <strong>the</strong> tribe if she wants to access land from her
mo<strong>the</strong>r’s tribe. This rule only applies to daughters - sons automatically get land on which to build
<strong>the</strong>ir houses. She must submit her application to <strong>the</strong> chiefs (all male). If her application is approved,
she has to pay 50 kina. Approval is awarded on <strong>the</strong> basis <strong>of</strong>, in part, <strong>the</strong> status <strong>of</strong> her family (i.e.
<strong>the</strong> character <strong>of</strong> <strong>the</strong> family is considered, <strong>the</strong> character <strong>of</strong> <strong>the</strong> daughter is irrelevant).
Elements - Security <strong>of</strong> tenure
- Affordability
- Participation (men chiefs only), status <strong>of</strong> family
Sources - CEDAW, UDHR
- Beijing 1995 – para 58 (m) affordability and accessibility <strong>of</strong> housing
and land
- Constitution (not sure <strong>of</strong> what <strong>the</strong> relevant laws and policies are)
Overriding - Gender equality
Principles - Non-discrimination - because she is a woman and because <strong>of</strong> <strong>the</strong> use
<strong>of</strong> family status as a basis for decision-making
Guarantees - Equality provisions in constitution;
- UDHR; CEDAW; BPFA
Obstacles - Customary law
- Lack <strong>of</strong> access to courts (may not be familiar with her national laws
and rights)
- Type <strong>of</strong> husband (i.e. character; not involved in community/family
activities)
- Depletion <strong>of</strong> natural resources – since <strong>the</strong> majority <strong>of</strong> land in PNG has
been taken over by government, access to fishing grounds has been
reduced. Consequently, with clan resources now depleted, <strong>the</strong>
likelihood <strong>of</strong> women acquiring tribe land, relative to <strong>the</strong> men, is even
less. Once such resources have been exhausted, <strong>the</strong> land will not be
made available for women who are only secondarily accorded <strong>the</strong>ir
rights after men
Vulnerable
Being a woman, and due to <strong>the</strong> scarcity <strong>of</strong> clan resources, she will be <strong>the</strong>
last one to gain access to land. This situation is exacerbated by <strong>the</strong> fact
that all chiefs (who are primary decision-makers) are men, and because
her ability to access her rights to adequate housing and land is
dependent on clan members’ appraisal <strong>of</strong> her husband’s character. Even
if her application is approved, she cannot build a suitable permanent
house because <strong>the</strong>y can reclaim <strong>the</strong> land for o<strong>the</strong>r clan purposes, or
simply because <strong>the</strong> clan looks unfavourably on her husband’s character
Impact - Insecurity <strong>of</strong> tenure
- Reluctance to invest (e.g. build permanent house)
132 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND