Report - Office of the High Commissioner on Human Rights

The peace talks focused primarily on negotiations between <strong>the</strong> Papua New Guinea government and
<strong>the</strong> armed groups. Women and <strong>the</strong>ir issues (e.g. dispossession, freedom <strong>of</strong> movement and land tenure)
were largely neglected. While women play significant roles in Bougainville society, <strong>the</strong> reality is that
<strong>the</strong>y are still coping with <strong>the</strong> trauma, stress and medical ailments from <strong>the</strong> conflict. Their exclusion
from <strong>the</strong> peace negotiations has meant that many <strong>of</strong> <strong>the</strong>ir land and tenure issues have not been
adequately resolved.
Recommendation to States:
• Government <strong>of</strong> Papua New Guinea to mandate <strong>the</strong> establishment <strong>of</strong> human rights projects and
<strong>of</strong>fices in Bougainville.
3.2 Intersectional Discrimination
3.2.1 Discrimination against indigenous and rural women
Indigenous women in <strong>the</strong> Pacific are discriminated against in custom and law because <strong>of</strong> <strong>the</strong> low status
and value attributed to women, especially to those who are poor and illiterate.
“The 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.” (Sose Tamarua, Papua New Guinea)
Elements <strong>of</strong> <strong>the</strong> Human
Right to Adequate Housing
Security <strong>of</strong> tenure and
freedom from dispossession
Public goods and services
Discrimination experienced by indigenous and rural women
• Customs discriminate against women’s rights to inheritance
and access to land (Vanuatu);
• Women are internally/externally alienated from <strong>the</strong>ir
cultural right to land and housing (matrilineal systems);
• Women are treated unequally in patrilineal and matrilineal
systems.
• Privatisation is leading to increased costs and reduced
access to public goods and services;
• Lack <strong>of</strong> access to banks and financial services (for instance,
<strong>the</strong>re is only one bank in Bougainville). People, particularly
women, have to depend on those who do have access,
which creates social problems;
26 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND