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SABL Inquiry starts off under fire

By Luana Paniu (Post Courier)

THE Commission of Inquiry (CoI) into the Special Purpose Agriculture and Business Leases (SPABL) was recently announced and is scheduled to be completed by September but it has come under fire by a civil and legal rights organisation and a former academic.


The former academic, who was a lecturer at the University of PNG and is also a naturalised citizen, said that references within the CoI were ambitious for the government to achieve.


He also said that he was currently experiencing firsthand corruption and gross misuse of the process. 
The CoI budget allocation of K6 million with K1 million to fund the Independent Task force was also queried.


He pointed out the Terms of Reference within the CoI which states that an objective is to “determine whether or not all SABL (74) totalling over 5.2 million hectares and others … had complied with the existing government policy guidelines, legislative frameworks including Land Groups Incorporation Act 1974, Land Act 1996, Forestry Act 1991, Environment Act 2000 and other relevant requirements”.
“That’s too ambitious, the fact is that the law has been broken,” he said.


He said the alternative of the process would still bypass the rights of the landowners and undermine developments happening.


“It is business as usual for many of these illegal logging activities which has not ceased,” he said.


Centre for Environmental Law and Community Rights (CELCOR) Director, Damien Ase further reiterated by stating that there should’ve been absolute suspension of logging permits but that has not happened.
He said that the CoI was an NEC approved petition and that petition also contained suspension of all permits which they have yet to sight.


He listed his two concerns to be that appointment of members to head the CoI did not follow through with procedures and the time-frame of three months was not adequate.


“There should have been a tender and then people should’ve submitted applications for the position. 
“NGOs and human rights organisations should’ve been consulted on the matter as they are the ones who have been advocating for landowners rights for a number of years,” Mr Ase said.


He further stated that there was a need to extend the time-frame to next year as it would be impossible for the appointed persons to visit all SABL affected sights in a short time.


A Government spokesman however hit back stating that it was a government response to the cry of the people and therefore did not require the consultation of the NGOs as this would have resulted in a prejudiced outcome.


“It was a decision of the state but NGOs are welcome to air their views as well as the public and these views will be presented after the Commission of Inquiry,” he said.


He denied that procedures were not followed in the selection criteria for the CoI and stated that it was a government decision made by Chief Secretary Margaret Elias based on a criteria known to her which included a background check and past work done.
 He said the Ms Elias was the chief government adviser and her role was to take directions and translations to become responses to advise the national government.


The CoI appointees are John Numapo (Chairman), Nicholas Mirou, and Alois Jerewai as the Commissioners.
 An independent Taskforce will also take carriage over the implementation of the findings of the CoI and will be headed by Robert Igara who is yet to appoint members.