Papua New Guinea Constitution on Customary Land (1)

 Papua New Guinea is a unique country with a rich cultural heritage that is deeply intertwined with its land and natural resources. The Constitution of the Independent State of Papua New Guinea recognizes the importance of customary land and the protection of the customary rights of its indigenous inhabitants. In this article, we will explore how the constitution addresses these issues, article by article.

Article 37 of the Constitution of Papua New Guinea declares that all land in the country belongs to the people, who are the ultimate owners of all land within the country. This provision recognizes the inherent rights of the indigenous inhabitants to their customary land and ensures that they have the ultimate authority over its use and management. This is a crucial safeguard against the exploitation and alienation of indigenous land by external interests.

Article 38 of the Constitution further elaborates on the protection of customary land rights by stipulating that the government must take into account the customs and traditions of the indigenous people when making decisions that affect land ownership and use. This provision ensures that the government respects and upholds the customary land rights of its citizens and recognizes the importance of indigenous knowledge and practices in land management.

Article 39 of the Constitution emphasizes the importance of protecting the environment and natural resources for the benefit of present and future generations. This provision acknowledges the interconnectedness of the land, environment, and indigenous cultures and underscores the need to preserve these resources for the well-being of all Papua New Guineans.

Article 40 of the Constitution further reinforces the protection of customary land rights by establishing a Commission of Inquiry into Land Matters. This commission is tasked with investigating and advising the government on land issues, including disputes over land ownership and the impact of development projects on indigenous land. By providing a mechanism for resolving land conflicts and ensuring that indigenous voices are heard in decision-making processes, this provision helps to safeguard the rights of the indigenous inhabitants.

In conclusion, the Constitution of the Independent State of Papua New Guinea enshrines the rights of indigenous people to their customary land and recognizes the vital role that land plays in their culture, identity, and livelihoods. By upholding these principles, the constitution ensures that the indigenous inhabitants have a voice in the management and use of their land and provides a framework for the protection of their customary rights. It is essential for the government and society as a whole to respect and uphold these rights to preserve the unique cultural heritage of Papua New Guinea for generations to come.