If Boka Kondra Bill was passed in the Parliament

By Oala Moi

IF THE BOKA KONDRA BILLS ARE PASSED THE FOLLOWING WILL BE THE EFFECT: "...If the Boka Kondra Bills are passed the following will be the effect:

(1) English law will no longer apply to customary land;

(2) Customary land which hitherto has no value will have value;

(3) Land includes all (matter) resources on and under it according to customary law -that means land includes minerals, gas, water, trees, fish, soil, stones, etc.;

(4) The government cannot acquire customary land by compulsory process – it can only do so in respect to government land;

(5) What is on, in and under government land belongs to the government and what is on, in and under customary land belongs to customary land rights-holders;

(6) Coastal communities will own seabed and water column from high-water mark line to 5 miles;

(7) Provincial Governments will own seabed and water column between 5 miles and 25 miles;

(8) National government will own seabed and water column between 25 miles and 200 mile economic zone or international border;

(9) All seabed and sea column of internal seas (Bismarck and Solomon Seas) beyond 5 miles are owned collectively by the maritime Provincial Governments;

(10) The licensed based system which grants and transfers ownership of resources on, in and under customary land to foreign entities on licensing will be replaced with production sharing contracts where ownership is not transferred until the point of sale of the product;

(11) Customary land rights-holders will no longer become spectators but are direct beneficiaries and partners in development;

(12) There will be three beneficiaries to any project on customary land, the investor, the land rights-holders and the government;

(13) How does government benefit? The answer is through taxation of all economic players;

(14) In addition to the above, I have also included the Donigi Plan for registering customary land in the proposed legislation which is a far better approach than the government’s plan which terminates customary law. 

This Plan has been challenged by the Government and Esso Highlands Limited in Court and the Supreme Court has now said it is not an illegal plan. The government must now implement it through the Department of Lands and Physical Planning....." (excerpt from 'Cursed are you who make laws that deprive the poor of their rights'; an article by Amb. Peter Donigi, Copyright 2012).