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Looking at vexing land issues in SI in the context of ensuring peace

Written by
Milton Ragaruma
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IN his traditional New Year message to the people of the Solomon Island, His Excellency the Governor General, Sir Frank Kabui; spoke yesterday on the general theme of “peace”.

The message was published today, January 2, 2018, on the Solomon Islands Broadcasting Corporation (SIBC) website, from which I quote.

“A keyword in Governor General Sir Frank Kabui’s 2018 New Year’s address to the nation was ‘peace’.

“Peace is fundamental to the country’s future and is needed to pursue development goals,” he said.

“Although the Regional Assistance Mission to Solomon Islands left the country last June, Sir Frank said citizens should not be alarmed or disappointed.

“We can look after ourselves if that is our objective,” he said. “The future of this country is in our hands — you and me.”

“In the new year, the Ministry of National Unity, Reconciliation and Peace will continue its work on programs to help maintain peace in Solomon Islands.

“I think we now have to think hard to find ways of ensuring that we have lasting peace in our country,” Sir Frank said.

“He said there must be efforts to reduce conflict, including identifying and addressing flashpoints, instead of wishes for peace without action.”

The Governor General expressed his support for the new government until the upcoming general election and mentioned land issues concerning Honiara and other parts of the country.

Sir Frank thanked all Solomon Islanders for being good citizens despite trying times and encouraged them to tackle the issues facing the country with determination.

“We have to think outside of the box,” he said. “We have to be visionary.”

The part of the Governor- General’s message which referred to “land issues concerning Honiara and other parts of the country”, was of particular significance to me because in 2017 I made several references to land issues and land disputes being a source of conflict, or potential conflict and especially in specific instances where I had occasion to write about disturbances involving landowners and logging company employees.

I even went so far to suggest the police service should have clear standing orders providing for codes of conduct when dealing with land disputes that were always potential flash points in the Solomon Islands.

In terms of land tenure in the Solomon Islands, the majority of the land (86 percent) is held under customary tenure, whilst the remaining 14 percent is alienated land.

Most of the remaining forest area is still to be found on customary land and, from all accounts of recent date, foreign logging companies are keen to exploit those remaining natural timber resources, evidence having surfaced most recently in Temotu Province.

Not so very long ago, The World Bank observed that in communities where logging has occurred there has often been a particularly high level of disputes, and that these can be frequently be traced back to the payment and distribution of royalties, rents, or access fees. Benefits are often captured by a small number of elite individuals, typically senior males, who may assert tenuous claims to land and forest ownership.

Under the Forest Resources and Timber Utilisation Act (Cap.40), resource owners are responsible for their own organisation and management of logging revenues at the local level – but this has been highly problematic.

Concerning myself over the legal frameworks in the Solomon Islands that governs the control of forests and supposedly protects the interests of landowners the myriad changes in the law and the legal apparatus paint a very confusing picture and leaves one with the view that the lack of clarity in the legal framework is not adequate.

Tarcisius Tara Kabutaulaka in his well-researched paper entitled “Paths in the Jungle: Landowners, Deforestation and Forest Degration in the Solomon Islands,” expresses my concerns more succinctly by saying (quote).

“Despite the legal apparatus that supposedly protects the interest of landowners, the changes in the state system often fail to address questions such as; do landowners have the ability and resources to enable them to take control of the forest resources? Does the state have the capacity to perform its coordinating and observer role?

“This is not to imply that landowners are either not ready or not capable. Rather, it is to say that the institutions and services landowners might need in the process of exploiting forest resources may not be available. For instance, legal representation for landowning groups are limited and in many cases nonexistent except for the over worked public solicitors in the provinces and Honiara.”

“The complications of the above issues are often exacerbated by socio-cultural factors relating to land, in particular the question: Who is the landowner? Answers to this question are made complex by confusions over notions of ownership and rights and conflicts emanating from these.

“The logging industry in Solomon Islands demonstrates that landowners have significant authority to determine forestry outcomes. They could influence the fate of forest degradation and deforestation. However, they have been unable to do so because of a lack of power. This lack of power emanates from the fact that they do not have access to appropriate and much needed legal counselling, they do not have access to government forestry advice.

“Furthermore, many landowners have been motivated by the desire for income generation. They will continue to accept logging and, therefore, contribute to deforestation unless alternative means of income generation opportunities are provided. Landowner acceptance of logging is merely a pragmatic response to their changing needs and increasing influence of a cash economy.”

As I understand the current situation, the main law regulating forest use in Solomon Islands is the Forest Resources and Timber Utilisation Act (Cap.40)

“Originally designed in the 1960s to facilitate logging on government land, the Act has clearly been inadequate to regulate logging on customary land.

“Despite being amended extensively over the past 30 years, the Act is still incomplete and very outdated. Numerous attempts to repeal and replace it with legislation to enable the sustainable harvesting and management of forests, including an open and transparent process for obtaining landowner consent, have failed. The Act has also been very unpopular, triggering excessive disputes and extensive litigation between customary landowners, administrators and logging companies.”

The Public Solicitor’s Office (PSO) is established under the SI Constitution to provide legal aid, advice and assistance to persons in need (Art. 92).

The Landowners’ Advocacy and Legal Support Unit (LALSU) within the PSO provides free legal advice, education and representation to customary landowners on issues regarding land, conservation and the sustainable management of resources including forestry.

The current view is the PSO and LALSU are not coping due to the prevailing heavy demands for legal services and advice from landowners seeking help when dealing with the many alleged intrusions on their customary land by logging companies.

A case in point in 2016 when Six landowners, needing advice, withdrew their consent to log their land at the November 2016 timber rights hearing in Noipe.

Since the meeting, 12 additional landowners rescinded their permission for logging on their land, and they are challenging the Temotu provincial government’s decision to approve the timber rights hearing with the Customary Land Appeal Court. They submitted their protest to the Lata Magistrate Court on Feb. 18, 2017, on the grounds that the meeting gained the approval of the provincial government despite protests from landowners and because attendees did not arrive at an agreement at the meeting, which the forestry act requires.

As payments aimed at convincing landowners to sign over the rights to log their land are commonplace, sources say.

“Bribes” typically represent “more money than landowners dream of really, just to say yes or no,” making it clear how someone might hand over their most precious resources in exchange for a one-time lump sum, and all the more reason why landowners should be able to readily access free legal advice before giving up the rights to their resources or succumbing to bribes and, in the process, perhaps incurring land disputes and threatening public order and peace.

Yours sincerely

FRANK SHORT

Renovation of old buildings in Pt Cruz begins

Written by
Milton Ragaruma
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BY SAMIE WAIKORI

LANDLORDS of the old buildings in Pt Cruz Central Business Centre who were given an extended closing order last year, which lapsed on January 1 this year, are renovating their buildings.

Yesterday this paper witnessed renovations of two old buildings among other old buildings within the area.

Renovations now on Potters House and other old building next to it where accommodates HM Store and the Honiara Hot Bread Kitchen.

According to a previous coverage by this paper on the issue, Honiara City Council issued a closing order for some old buildings within the area of Honiara Hot Bread down to Honiara Casino in Pt Cruz area.

The order was delivered by HCC Chief Health Inspector on August 8, 2017 with a three months period for landlords and 14 tenants using the buildings to close the old buildings if not renovated.

The closing order from HCC reads “This is to inform the Local authority, and the executive, that the listed old buildings as attached, (list of the buildings not here) are unfit or unsafe for human habitation or occupation, as per reports attached.

“This is as a feedback from the examinations of the mentioned premises, way back in 2015, as provided for under the Environmental Health CAP 99, Part Section 62, and Section 63.

“Thus, this letter is purposely requesting, Honiara City Council as the Local authority to issue a closing order, declaring that the foresaid buildings as listed are not fit for human habitation or occupation.

“And to direct that such dwelling or building or part thereof shall not after the time lapse of Three (3) months from the date of this letter, (8th August 2017) be inhabited or cease occupying by any person.”

However, HCC later extended the notice to January 1, 2018 due to difficulty faced by landlords and tenants to carry-out the work in the period of time.

An interview with the HCC Chief Health Inspector last year, Mr George Titiulu said the order was extended based on HCC’s honor to the landlord’s call for an extension on the notice.

Titiulu said one of which they based on was the time given was not enough to do renovations of the old buildings.

“So they send me a letter which carried their reasons for the extension of the notice and forward it to the City Clerk.

“The clerk approved the letter and granted them the extension up until the 1st of January 2018 as the new dateline for the extension,” he said.

However, one important thing Titiulu also highlighted during the interview last year was for landlords to avail their concept plan to HCC.

He said the concept plan may include plan on how they should renovate or construct the buildings replacing the old buildings.

Hope both parties deal with that matter as renovations of the old buildings are now commencing.

Found after 13 days at sea

Written by
Milton Ragaruma
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One of the six survivors, Julia Malua

BY BARNABAS MANEBONA

SIX locals who went missing at sea on December 17, 2017 during a trip from Pelau Island to Tasman Atoll have been rescued.

They were found by PNG’s Worthy Ocean Limited fishing vessel “ATUN PLANTI” on December 29 after being spotted.

From report, the survivors were transferred to another boat “FV Nupla Sowara” a few days ago who will be disembarked here at Honiara today 7am.

According to the Maritime Rescue Coordination Centre (MRCCHON), “police stabi boat” will assist them to unload the survivors from the fishing boat at Pt Cruz Harbour.

“MRCC will take them to the MRCC SIMSA office for a brief interview if their condition is ok, if not they will be taken to the hospital for review in which their relatives can take them from there,” said the MRCCHON Team.

Captain Tim Harris for Solomon Islands Maritime Safety Administration (SIMSA) said the finding is a great outcome from a medium/long term incident

“This is a good start to 2018; let’s keep up the good work. Well done MRCC and all concerned,” said the Captain.

In the sea protest presented by “Worthy Ocean Limited”, the helicopter of “ATUN PLANTI” took off searching for fish at 04:57UTC.

The Pilot and spotter reported that they found one small boat with 6 people drifting on the ocean waving their hands for help. So the vessels Fishing Master ordered the spotter to report their position in which the distance between them and the OBM was 16 miles.

They rescued the 6 survivors at 7:40UTC at the position 04.41.769S 162.41.735E lifting their boat up as well.

Their health conditions were good despite not eating food for a long time in which they were given porridge and fresh water first until they felt better before providing food for them. They were also given new clothes and shoes to wear according to the sea protest.

MRCCHON, MRCCPNG, and JRCC Australia, jointly coordinates the SAR Operations since the report was received on December 19 to locate two missing banana boats by radio broadcast, INMARSAT and DSE activation on Safety Net.

The six survivors found are Douglas Kapuna, Gabriel Ahana, Julia Malua, Johnny Atona, Jeffery Atona and Arape James.

Peace and security still fragile in Solomon Islands: GG

Written by
Milton Ragaruma
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Former Governor General and chairman of SIICAC Sir Frank Kabui

BY BEN BILUA

THE Governor General says peace and security is still fragile since Regional Assistance Mission to Solomon Islands (RAMSI) has left on June 31 last year but as a country, Solomon Islands should not be alarmed and disappointed.

In his New Year’s Message Sir Frank Kabui said Solomon Islands can look after itself if peace and security are primary objectives in the country.

He told the nation that crafting a better future for Solomon Islands is in the hand of Solomon Islanders.

Sir Frank said there are lots of works yet to be done and the works are in the process under the Ministry of Peace and Reconciliation.

He said programme for peace building have been formulated and plans for the future have been considered for implementation.

Kabui adds that Aid donors are also showing interest to assist the country address peace issues in the communities.

“I think we now have to think hard to find way of ensuring that we have lasting peace in our country.

“We have to think of tangible ways of reducing conflicts than peace programmes as peace programmes are just expressing wish for peace.

“We have to identify flash points of conflicts, categorise the conflicts to priorities and address them.

“We seems to have been fallen back to square one, we are look warm in our attitudes, we are not addressing the core issues of conflict effectively.

“We should not rely on the Royal Solomon Islands Police Force and other law enforcement agencies to produce miracle for peace, we should not expect our oversea friends to find the solution but they can help in the implementation of our solutions,” he said.

Kabui strongly emphasised that peace is a fundamental component to a happy existence and future of Solomon Islands.

Police arrests male suspect for unlawful damage

Written by
Milton Ragaruma
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POLICE in Tetere have arrested a male suspect for unlawful damage at Jericho village, in the Reko area, North East Guadalcanal on 27 December 2017.

Provincial Police Commander, Guadalcanal Police Superintendent Nixson Manetoga says, “The same suspect was also arrested and charged for the burning down of a dwelling house.”

Superintendent Manetoga says, “The suspect appeared in the Honiara Central Magistrate Court on the 28 December 2017 and will re-appear back for his trail on11 January 2018.”

PPC Manetoga says, “I would like to thank the community chiefs, church leaders and elders for supporting the police and working together by providing information to police. Without you police cannot work effectively and address problems in our communities.”

He further stated, “Let’s strengthen our working together as we enter New Year 2018.”

–POLICE MEDIA

Police arrests male suspect for unlawful wounding

Written by
Milton Ragaruma
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0

POLICE in Tetere have arrested a 17-year-old male suspect for wounding a victim at Luluga area in North East Guadalcanal on December 24, 2017.

Provincial Police Commander, Guadalcanal Police Superintendent Nixson Manetoga says, “The Motives behind the Incident was an argument over a mobile phone. The alleged suspect confronted the victim to return his mobile phone but the victim denied stealing the suspect’s mobile phone.”

“The suspect used a bush knife and cut the victims left arm and caused serious injuries.”

“Police have charged the suspect for grievous harm Contrary to Section 226 of the Penal code.

“The suspect appeared before the Magistrate Court on the 27 December 2017 and is currently remanded. The suspect will appear back in court in 14 days’ time.

“The victim was assisted to the National Referral Hospital for medical attention and is in a stable condition.”

The incident is believed to have occurred between 5pm and 6pm on December 24, 2017.

–POLICE MEDIA

Police in Central Province arrests man for burning kitchen house

Written by
Milton Ragaruma
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POLICE in Tulagi, Central Province have arrested a 24 year-old male for allegedly setting fire to his brother’s kitchen house at Pihaga settlement, Haroro village in Big Ngella Central Province.

It was alleged on December 27, 2017, the man who was disappointed with his parents for not feeding him after a long day of celebration, set fire to the kitchen.

The kitchen which was made of local materials was only partly burned due to the quick response of some relatives who assisted in putting out the fire.

Police at Tulagi were alerted of the incident and attended to the scene of the report and investigation into the matter is progressing.

The man responsible has been identified, apprehended and formally charged for one count of Arson.

The man was set to appear in the Honiara Central Magistrate Court on Tuesday.

Supervising Provincial Police Commander (PPC), Inspector Hugo Maelasi says, “The charge the man is facing is serious and could carry a maximum custodial sentence if found guilty.

“I want to advice all good people in the Central Province not to take the law into their own hands, instead should find peaceful solution to any grievances.”

–POLICE MEDIA

Teenagers arrested for brewing homebrew

Written by
Milton Ragaruma
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0

POLICE in Kirakira have arrested three teenagers, two female and one male, for the illegal brewing of homebrew on Ugi Island, Makira Ulawa Province on December 29, 2017.

The trio were arrested and charged for the alleged offence of restriction of brewing liquor. The suspects have been bailed to appear before the Kirakira Magistrates Court on January 2018.

They were reported to police by the community and were arrested, with their products confiscated.

Provincial Police Commander, Makira Ulawa Province Superintendent Peter Sitai says,

“For the Province this is an unusual activity since police have received reports and have arrested mainly male offenders, but now we can see the involvement of our young girls.”

“This is an issue of concern for the Police and more especially my office and I strongly appeal to elders and leaders living in and around Makira-Ulawa Province to think seriously about this matter as we now see girls in our communities involved in this illegal activities.”

Sitai concluded by thanking the communities in and around Makira Ulawa Province for their continuous support in providing information in regards to criminal activities and their working together throughout the Christmas season to curb criminal activities.

–POLICE MEDIA

Corrupting the uniform

Written by
Milton Ragaruma
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The genesis of the big boys’ club within the royal Solomon Islands police

By Alfred Sasako

NO one could say for certain when the alleged “Big Boys’ Club” operating within the Royal Solomon Islands Police had actually started. The best guess is that it began towards the end of the 90s, 1997 to 1998 to be exact.

At the time British national Frank Short had just assumed the post of Commissioner of Police.

Mr Short’s appointment as an expatriate police commissioner was resented by most, if not all, of the senior police executive at the time because each of them had put in a bid for the top job themselves and, when their applications failed to materialise, they in turn asked the government for early retirement in the scheme then being considered by the Mamaloni administration.

When Mamaloni lost the 1997 general and the SIAC government assumed office, the early retirement scheme was abandoned and, according to the book Mr Short subsequently wrote about his time in leading the police service, (a book entitled ‘Policing a Clash of Cultures’ and available on Amazon Kindle’s book shelf), Mr Short had to work extremely hard to encourage and motivate his senior executive personnel to gain their active support.

He succeeded by displaying strong, caring leadership and helped by the chance of studying community policing methods in both Singapore and Japan which Mr Short personally arranged after making a personal visit to the Commissioner of the Singapore Police Force.

When the level of internal strife was beginning to pick up in late 1998 and later affecting just about every sector in the country the very top of the police executive were divided in their loyalties and some wanted the Commissioner to turn over police arms and ammunition to certain elements in the community, but Mr Short flatly rejected such moves and even went so far to have the police armoury strengthened and security controls tightened.

The internal strife boiled over and is now known as the Ethnic Tension but its beginnings were accurately predicted by Mr Short and early security intelligence reports given to the SIAC government and to regional governments.

In the 1997-98 period news also broke (also reported in Mr Short’s book) that senior members of the Royal Solomon Islands Police borrowed large amounts of money from the Police Club’s Credit Union without repaying their loans. Those with outstanding loans were members of the top echelon, otherwise known as the executive members of the Royal Solomon Islands Police.

(Frank refused to include the word “Force” in the Royal Solomon Islands Police, arguing it did not give a good image of a friendly policing regime).

The discovery of outstanding loans and Police Commissioner Short’s application of strict but fair discipline created a further rift between the Commissioner and his senior staff because Mr Short demanded the outstanding loans be repaid before he would sanction the promotion of those with outstanding money belonging to the Police Credit Union.

“I could trust very few of my senior staff with the exception of the Director of the Special Branch,” Mr Short said earlier this week.

“In my time I maintained strict, but fair discipline and had a policy of interdicting anyone from duty on half pay if charged with a criminal charge by a court. The interdiction was only lifted and salary restored if acquitted, but even then some faced internal disciplinary action,” he said.

It would seem that disgruntled senior police officers took advantage of the situation during Mr Short’s time in office to “gang up” against him. The chaos of the Ethnic Tension and the disbanding of the Special Branch in 2004 only gave rise to consolidating the Big Boys’ Club and its activities.

Very few of the police commissioners who occupied the Royal Solomon Islands Police Force (RSIPF) top post since Frank Short’s departure were aware of the existence of the Big Boys’ Club.

It was in early December last year (2017) that a former senior police officer confirmed the existence of the Big Boys’ Club, saying it was operating without the knowledge of the incumbent Mathew Varley.

Three other senior officers have since come forward to confirm the existence of the Big Boys Club, which they said operates in two areas – promotions and ignoring serious cases against Club members.

These officers said the existence of the Club has given rise to favouritism and nepotism within the Royal Solomon Islands Police Force (RSIPF).

Police Commissioner Varley has denied both the existence of the Big Boys’ Club and allegation of unfair treatment of police officers in terms of applying discipline and promotion.

In an exclusive interview with Island Sun over the Christmas/New Year break, a senior police officer fighting his interdiction told of a sergeant who allegedly hit an elderly man in an early morning road accident in Noro.

“It was early one Saturday morning when the accident occurred. The old man spent several months in hospital, but the sergeant was never charged, let alone suspended from duty.

“Today, the man has been promoted to the rank of an Inspector,” the officer, speaking on condition of anonymity, said.

“He is still in the RSIPF, enjoying everything,” he said.

“There’s another case involving a sergeant in Gizo in 2012. This sergeant hit a school boy with a police baton on the head,” alleging the boy is now paralysed.

“But instead of charging him, the sergeant was retired. I believe this is wrong. Both men should face the consequences of the law for their actions.”

Prepare to play on Fest’Napuan 2017

Written by
Milton Ragaruma
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The Pacific’s longest-running contemporary music festival has joined the 2017 Games to inject Vanuatu and the region’s unique cultural energy into the evening programme.

The annual festival (usually held in September or October) celebrates Pasifika cultural and identity through fusion of sounds and instruments.

This year Fest’Napaun is relocating to the Korman Stadium precinct offering evenings performances (December 8 – 14).

As always it is a free event with the usual stalls selling kava, food and merchandise.

Dozens of local bands will encourage the big crowds to ‘play on’ into the night with all the wild diversity and combination of styles Vanuatu produces – kastom music, stringband, gospel, hip hop, rock and reggae.

The local line-up features the recently reformed group, Huarere – famous for pioneering the fusion of reggae with kastom music. International artists representing our amazing region include acts from Papua, Fiji, Kanaky/New Caledonia, Solomon Islands, and Samoa.

Ace Fijian band InsideOut brings classic and contemporary takes on reggae; Samoan sibling Emily & Josh Williams (by way of Aotearoa and Australia) provide great Pasifikan soul and R&B; and Sorong Samarai gives us a glimpse of a united ancient and future Papua.

Following a week-long visit to Vanuatu, The Queen’s Baton Relay will say farewell on Wednesday December 13 enroute to Australia for the 2018 Commonwealth Games.

The Baton is undertaking its longest relay in its history – covering 230,000km in 388 days.

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