In 2003 The Department of Lands was dealing with compensation awards, made by the commissioner under the National Land Registration Act, which amounted to over K70 million; many more claims have been lodged with the National Lands Commission. An alternative means of dealing with the outstanding claims should be identified. There is a need for broad discussion which takes into account the various proposals already put forward by land experts that highlight the practical aspects of this sensitive issue, including the involvement of (former) landowners.
Norm Oliver provides a critical analysis of the direct role that the Department of Justice must play in facilitating customary land management, suggesting that there must be a cooperative effort by at least two departments to establish mechanisms to serve the land groups which own 97 per cent of the country.
Until some strong individuals are able to articulate a concept of Melanesian capitalism, based on well-managed customary land tenure by empowered incorporated land groups, there will not be the political will to make a change. Without political will in matters of land reform, as De Soto (2000) points out, nothing good will happen. In the meantime, the state legitimacy and good governance are diminished, and orderly development for the rural masses and urban displaced persons becomes more remote.
Political will is required to ensure the availability of the necessary funds for specific functions. A number of recommendations have been accepted over the years, but have not been implemented. The Department of Lands is yet to address the need for a ‘customary land unit’ to coordinate the implementation of functions relating to customary land, and the unit responsible for registering incorporated land group needs to be rationalized to ensure that it is responsive to the demand for proper registration and management.
Until Papua New Guinea is able to address these problems of customary land management, the downward spiral so evident in recent decades will continue.