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Papua New Guinea, officially the Independent State of Papua New Guinea, is a country in Oceania that comprises the eastern half of the island of New Guinea and its offshore islands in Melanesia. It shares its only land border with Indonesia to the west and it is directly adjacent to Australia to the south and the Solomon Islands to the east. Its capital, located along its southeastern coast, is Port Moresby. The country is the world's third largest island country, with an area of 462,840 km2 (178,700 sq mi).
Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural land. Land reform can, therefore, refer to transfer of ownership from the more powerful to the less powerful, such as from a relatively small number of wealthy or noble owners with extensive land holdings to individual ownership by those who work the land. Such transfers of ownership may be with or without compensation; compensation may vary from token amounts to the full value of the land.
Alaska Natives are the Indigenous peoples of Alaska and include Alaskan Creoles, Iñupiat, Yupik, Aleut, Eyak, Tlingit, Haida, Tsimshian, and a number of Northern Athabaskan cultures. They are often defined by their language groups. Many Alaska Natives are enrolled in federally recognized Alaska Native tribal entities, who in turn belong to 13 Alaska Native Regional Corporations, who administer land and financial claims.
An American Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation, whose government is autonomous, subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs, and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This jumble of private and public real estate creates significant administrative, political, and legal difficulties.
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs. In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as the Crown, held land in its own right. All land holders are either its tenants or sub-tenants. Tenure signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Over history, many different forms of land tenure, i.e., ways of holding land, have been established.
Native title refers to rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993.
Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. Land is a major economic asset, and in some Indigenous societies, using natural resources of land and sea form the basis of their household economy, so the demand for ownership derives from the need to ensure their access to these resources. Land can also be an important instrument of inheritance or a symbol of social status. In many Indigenous societies, such as among the many Aboriginal Australian peoples, the land is an essential part of their spirituality and belief systems.
Papua New Guinea together with the West Papua region of Indonesia make up a major tropical wilderness area that still contains 5% of the original and untouched tropical high-biodiversity terrestrial ecosystems. PNG in itself contains over 5% of the world's biodiversity in less than 1% of the world's total land area. The flora of New Guinea is unique because it has two sources of origin; the Gondwana flora from the south and flora with Asian origin from the west. As a result, New Guinea shares major family and genera with Australia and the East Asia, but is rich in local endemic species. The endemicity is a result of mountainous isolation, topographic and soil habitat heterogeneity, high forest disturbance rates and abundant aseasonal rainfall year round. PNG boasts some 15–21,000 higher plants, 3,000 species of orchids, 800 species of coral, 600 species of fish, 250 species of mammals and 760 species of birds and 8 species of tree-kangaroos out of which 84 genera of animals are endemic. Ecosystems range from lowland forests to montane forests, alpine flora down to coastal areas which contains some of the most extensive pristine mangrove areas in the world. Much of this biodiversity has remained intact for thousands of years because the ruggedness of the terrain made the interior lands inaccessible; furthermore low population density and restrictions on the effectiveness of traditional tools, ensured that these biodiversity was never overexploited.
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.
The Declaration on the Rights of Indigenous Peoples is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property. The declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations." It "prohibits discrimination against indigenous peoples," and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".
The following outline is provided as an overview of and topical guide to Papua New Guinea:
Aboriginal child protection describes services designed specifically for protection of the children of "aboriginal" or indigenous peoples, particularly where they are a minority within a country. This may differ at international, national, legal, cultural, social, professional and program levels from general or mainstream child protection services. Fundamental human rights are a source of many of the differences. Aboriginal child protection may be an integral or a distinct aspect of mainstream services or it may be exercised formally or informally by an aboriginal people itself. There has been controversy about systemic genocide in child protection systems enforced with aboriginal children in post-colonial societies.
South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as
an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules.
Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, are the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia; the term may also include the struggle for those rights. Connection to the land and waters is vital in Australian Aboriginal culture and to that of Torres Strait Islander people, and there has been a long battle to gain legal and moral recognition of ownership of the lands and waters occupied by the many peoples prior to colonisation of Australia starting in 1788, and the annexation of the Torres Strait Islands by the colony of Queensland in the 1870s.
Certificates of Claim were a form of legal instrument by which the colonial administration of the British Central Africa Protectorate granted legal property titles to individuals, companies and others who claimed to have acquired land within the protectorate by grant or purchase. The proclamation of the British Central Africa Protectorate was endorsed by the British Foreign Office in May 1891, and Harry Johnston as Commissioner and Consul-General examined and adjudicated on all claims to the ownership of land said to have been acquired before or immediately after that date. Between late 1892 and March 1894, Johnston issued 59 Certificates of Claim for land, each of which was equivalent to a freehold title to the land claimed. Very few claims were disallowed or reduced in extent, and around 3.7 million acres, or 15% of the land area of the protectorate, was alienated, mainly to European settlers. No Certificates of Claim were issued after 1894, but this form of land title was never abolished, and some land in Malawi is still held under those certificates.
The Indigenous Peoples' Rights Act of 1997 (IPRA), officially designated as Republic Act No. 8371, is a Philippine law that recognizes and promotes the rights of indigenous cultural communities and Indigenous peoples in the Philippines.
The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).
Ancestral domain or ancestral lands are the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indicating relationship to land based on ancestry, while domain indicates relationships beyond material lands and territories, including spiritual and cultural aspects that may not be acknowledged in land titles and legal doctrine about trading ownership.
The Law of Tuvalu comprises the legislation voted into law by the Parliament of Tuvalu and statutory instruments that become law; certain Acts passed by the Parliament of the United Kingdom ; the common law; and customary law. The land tenure system is largely based on kaitasi.
Property law in Ghana is the area of formal and informal law that governs how citizens can acquire, register, and maintain property. Property in this instance pertains to physical land and its resources. Property can be bought and acquired following statutory or customary laws. Eighty percent of land in Ghana is owned through customary law and the remaining twenty percent is bought and sold through a formal statutory measures.
References
- ↑ Online. "customary land rights". landportal.org. Retrieved 2024-04-12.
- ↑ "Customary and Community Tenure". LandLinks. Retrieved 2024-04-12.
- ↑ "The Future of Customary Tenure". LandLinks. Retrieved 2024-04-12.
- ↑ "Indigenous Community Land Rights" Archived 2020-06-26 at the Wayback Machine , Land Portal
- ↑ Microsoft PowerPoint - Defining Customary Land Rights edited_huggins.ppt (brookings.edu)
- ↑ Malawi Land Act of 1965, ILO
- 1 2 AusAID: Making Land Work: Reconciling customary land and development in the Pacific, Canberra 2008 Archived 2009-09-14 at the Wayback Machine , retrieved 2009-09-07
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