'Bill will strip rights to land'

SCIENTISTS and lawyers say that the amendment passed last Friday in Parliament will strip Papua New Guineans of their right to their land, The National reports.

It would also leave the companies or developers immune to law suits for compensation, “even if they were negligent or at fault”.

The landowners, particularly of the Rai Coast district in Madang, are claiming they had been hard done by the government.

“This is the worst piece of legislation on human rights that I have ever seen,” PNG Institute of Biological Research scientist Banak Gamui said.

“They have stripped the landowners of common law and customary law rights that they have had for over 10,000 years.”

He said developers could not be sued for compensation.

“The action for negligence is gone.

“Reason? The developer was just doing what it had planned to do but a blow out happened. 

“It does not matter if it’s its fault ... so long as the company was carrying out the activity it was authorised under the permit to do – it escapes all liability for environmental damage.”

Even when there are provisions for compensation provisions, he said: “Any compensation would be signed up and paid before the mining, gas, oil operation starts, provided the company predicts there will be any damage. 

“If the company predicts none, not only will it pay no compensation at the beginning under a compensation agreement – but if damage occurs – negligently, intentionally or unintentionally – the company will not have to pay a toea.

“If it creates more damage than predicted at the beginning, there is no recourse.”

Lawyers said if the bill was not certified, it could go back to Parliament and be changed under section 113 of the Constitution.

The landowners of the Rai Coast are the first to feel the impact of the law.

They will not be able to sue the developer CMCC of Ramu Nico over the dumping of waste into their sea.

They said the government made changes to sections of the Environment Act 2000 “to prevent landowners and concerned Papua New Guineans from “interfering’ with developing project like the Ramu nickel mine and LNG in the Southern Highlands”.

The landowners had petitioned the Deputy Prime Minister Sir Puka Temu and Environment Minister Benny Allan in Bongu village on April 10.

The petition deadline was yesterday.

“But the government has seen fit to insult landowners by changing the law!” landowner George Ireng said.

“This is an insult to the people of Rai Coast and all Papua New Guineans who are landowners,” he said.

“Personally, I am angered by the government’s actions.

“The change is a serious attack on our ability as landowners and Papua New Guineans to speak out against problems created by the actions of government and developers.”