Report - Office of the High Commissioner on Human Rights

The current rapidly growing and overpopulated city, with a continuing trend <strong>of</strong> urban migration
(compared to o<strong>the</strong>r island nations in <strong>the</strong> Pacific) has marginalised indigenous people in Port Moresby,
whose land and resources have been overtaken because <strong>of</strong> <strong>the</strong> expanding population i.e. marine and
hunting places have been removed for development. We have become spectators in our own land –
unwanted because we are a minority in a population where migrating communities have become <strong>the</strong>
majority. The reducing clan lands have impacted on women who have married outsiders, because
although <strong>the</strong>y have potential for bringing benefits into family, <strong>the</strong>y pose a threat to taking away already
scarce clan land. Unless <strong>the</strong>re is scope for returning available unused alienated land, our women will
continue to compete with <strong>the</strong>ir clansmen for access to customary land where <strong>the</strong> demand is much higher
than <strong>the</strong> land available.
Under customary land ownership, land is communally owned by an “iduhu” or clan and not by any
individual. Membership <strong>of</strong> a clan in principle is automatic by birthright. All clan members have rights
to use <strong>the</strong> land and are expected to respect <strong>the</strong> rights <strong>of</strong> o<strong>the</strong>r clan members. The clan chief and <strong>the</strong>
elders consult in making decisions about <strong>the</strong> use <strong>of</strong> land.
In <strong>the</strong> Motu-Koita tradition, <strong>the</strong>re are two types <strong>of</strong> leaders and <strong>the</strong>se are:
• Leadership earned through deeds <strong>of</strong> bravery, power or success, such as in hunting, gardening,
fishing, witchcraft and sorcery;
• Leadership inherited through <strong>the</strong> patrilineal system which makes <strong>the</strong> eldest living son <strong>the</strong> land
leader (i.e. “mato omoto” or “tano kwarana”). This role is only to control use <strong>of</strong> <strong>the</strong> land, but not
to own <strong>the</strong> land, as all land is communally owned by <strong>the</strong> clan.
Unlike certain parts <strong>of</strong> PNG where land is controlled through matrilineal inheritance, <strong>the</strong> Motu-Koita
women have strict limitations on <strong>the</strong>ir rights and access to land. A Motu-Koita woman marrying outside
<strong>the</strong> clan relinquishes her membership <strong>of</strong> <strong>the</strong> clan, unless she decides to live with her family in her
original clan where she retains membership <strong>of</strong> <strong>the</strong> clan on terms and conditions determined by custom.
A woman who has married an outsider but is living in <strong>the</strong> clan may plant useful trees (such as coconuts,
betel nuts, mangoes, breadfruit etc.) on land allocated for her use but her descendents cannot use it
as evidence <strong>of</strong> ownership. The trees are planted on <strong>the</strong> basis <strong>of</strong> permissive occupancy and descendents
<strong>of</strong> <strong>the</strong> woman have access until <strong>the</strong> trees reach <strong>the</strong> end <strong>of</strong> <strong>the</strong>ir useful lives.
My only daughter is married to an outsider and has had to apply for a piece <strong>of</strong> land and build her
house to become part <strong>of</strong> <strong>the</strong> clan. She is in <strong>the</strong> position where she cannot access <strong>the</strong> land unless she
gets approval from <strong>the</strong> clan chiefs. Only <strong>the</strong> chiefs and community leaders can participate in such
decision-making. But because she has married an outsider, and he is unemployed, her family has a
lower status and is discriminated against.
Sources - International human rights. Equal rights for women have been a goal for PNG but many women
are not aware <strong>of</strong> <strong>the</strong> rights that are available to <strong>the</strong>m from <strong>the</strong> international level. CEDAW – Art 1 nondiscrimination,
gender equality; Art 14 (2) – rural women.
Obstacles - Customary laws preventing her from accessing land; lack <strong>of</strong> access to court because she
does not know her rights; <strong>the</strong> character <strong>of</strong> <strong>the</strong> husband may be an obstacle if it means <strong>the</strong> chief does
not accept <strong>the</strong>ir application; land not being available for women; land being held by <strong>the</strong> crown since
colonial times.
160 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND