Report - Office of the High Commissioner on Human Rights

“Aloha from my fa<strong>the</strong>r on my matrilineal side and from my mo<strong>the</strong>r on my patrilineal side.
As a Solomon Islander I have rights to access land but not to own land. This is because
my fa<strong>the</strong>r is <strong>the</strong> wrong sex for a matrilineal system and my mo<strong>the</strong>r is <strong>the</strong> wrong sex
for a patrilineal system, for me to inherit outright ownership to land. As a result <strong>of</strong> this
situation, in addition to myself, my bro<strong>the</strong>rs and <strong>the</strong>ir wives are also vulnerable. My siblings
and I all have secondary rights, through our relatives. But my bro<strong>the</strong>r’s wife can only
access her rights through our secondary rights, and this connection will be even fur<strong>the</strong>r
removed for her children.
The only option for me to obtain ownership rights to land was for me to marry back into
a patrilineal system, and for my bro<strong>the</strong>r to marry back into a matrilineal system. But
we are human and we didn’t follow culture and got married into <strong>the</strong> wrong systems.
Even though I am an indigenous Solomon Islander, I am a settler in my own country.
I have had to grow up with people fighting over land all my life and I am sick and tired
<strong>of</strong> people fighting over land. Having experienced this has made me determined that <strong>the</strong>
only way for my future is to get a good education, get some land and build my house.”
(Solomon Islands)
Since land tenure systems are entrenched in customary practices, which are also reflected in legislation
and policies, <strong>the</strong> issue <strong>of</strong> land rights is very sensitive in <strong>the</strong> Pacific. People in <strong>the</strong> Pacific have close
spiritual ties with land; land is revered as mo<strong>the</strong>r; and land is <strong>the</strong> principal source <strong>of</strong> livelihood. It
might take a long time for people to accept and use <strong>the</strong> human rights framework to remove gender
discrimination from traditional land rights systems.
“In Vanuatu, when a woman marries, she goes to her husband’s place. Any orders for
land or housing against <strong>the</strong> husband (even in situations <strong>of</strong> domestic violence) are met
with very aggressive behaviour because it is his land and she is living on his land, and
<strong>the</strong>re is no shared ownership.” (Merilyn Tahi, Vanuatu)
“In Kiribati, <strong>the</strong> origin <strong>of</strong> <strong>the</strong> land tenure system, is based on a system where land was
acquired by means <strong>of</strong> war, and those who fought bravely got bigger proportions. This
historical legacy forms <strong>the</strong> ideological reference for male land tenure and still informs
land distribution today, and is <strong>the</strong> source <strong>of</strong> discrimination against women.” (John Collins,
Kiribati)
Conflict between custom and laws
Over <strong>the</strong> years different land laws have been introduced. This has created some confusion between
customary law and formal law, and between constitutional laws that recognise customary law and
land laws to be applied without discrimination.
At <strong>the</strong> local level, customary law is given precedence over formal law. For example, in <strong>the</strong> Solomon
Islands, judges <strong>of</strong> <strong>the</strong> local court are usually local chiefs and <strong>the</strong>y decide on cases related to land and
housing. They are, however, only experts in custom and are not legally trained; thus <strong>the</strong>y tend to decide
land matters according to custom. A chief’s authority is extensive; even in elections, <strong>the</strong> candidate
supported by <strong>the</strong> Chief generally wins. A related problem is that <strong>the</strong> decision-makers in customary
forums are also <strong>of</strong>ten <strong>the</strong> landowners whose interests are affected.
40 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND