A Question of Land

Josepha Kanawi took two years out from her work as Commissioner of Land Titles in Port Moresby, Papua New Guinea when she was awarded an AusAID scholarship.

Josepha Kanawi In 2002 she completed a Masters of Law degree at Southern Cross University in Lismore, New South Wales. While there she took the time to speak about an issue close to her heart - the land situation in her country - and offered a novel solution.

'In Papua New Guinea, 97 per cent of the land is under Native Title, as it's called in Australia, or owned by indigenous families or tribes. That leaves 3 per cent to the Government, which is not enough for governing. Many leading Papua New Guineans believe land needs to be mobilised, but we don't know how to do that yet.

Josepha Kanawi

Compulsory acquisition of land has been a controversial topic. The challenge is to find a way of motivating the traditional customary landowners to release land for state development.'

During her research, Josepha Kanawi came up with the idea of using dormant legislation that allows landowning families or clans to become corporations. 'I believe that the Land Groups Act 1974 offers the Government the means by which to negotiate with clans to buy or lease their land. The whole notion requires greater government focus and attention. I'm putting through my recommendations. Hopefully my Government will take notice and use the legislation, improve on it, and ensure that capital and expertise is given to land groups where it's needed.'

Josepha Kanawi's Masters research included study on Australia's Native Title legislation and court decisions, as well as New South Wales multiple occupancy legislation. Multiple occupancy legislation was introduced in the 1970s to protect a group of people in Nimbin, New South Wales, who collectively wished to own a parcel of land. During her time at Lismore Josepha Kanawi was fortunate to have as her supervisor Associate Professor Greta Bird, whose special area of research is indigenous peoples and the law.

2003