who speaks for the land?

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Dr Rebecca Monson Australian National University College of Law [email protected] Who speaks for the land? Commercialisation and the transformation of customary land tenure in Solomon Islands

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Commercialisation and the transformation of customary land tenure in Solomon Islands. Dr Rebecca Monson Australian National University College of Law

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Page 1: Who speaks for the land?

Dr Rebecca Monson

Australian National University College of Law

[email protected]

Who speaks for the land?

Commercialisation and the transformation of customary land tenure in Solomon Islands

Page 2: Who speaks for the land?

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Page 3: Who speaks for the land?

Solomon Islands’ legal system

• Influence of kastom (custom), Christianity and the state– Immense variation in kastom due to cultural diversity– Variation in Christianity, particularly across

denominations

• 85% of land is customary land, held according to “current customary usage”

• Remaining land is freehold land or public land

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Page 4: Who speaks for the land?

Kakabona

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Page 5: Who speaks for the land?

Where are women active in decision-making and dispute-resolution?

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Page 6: Who speaks for the land?

Recommendations

• Improved legal literacy• Improved information dissemination

(ie. of acquisition hearings, distribution of royalties)

• Improved knowledge of kastom (custom)

• Separate hearings for a range of groups (ie chiefs, ‘other men’, women…)

• Encourage (mandate?) women trustees (particularly in matrilineal systems)

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Page 7: Who speaks for the land?

Recommendations

• Improved legal literacy• Improved information dissemination

(ie. of acquisition hearings, distribution of royalties)

• Improved knowledge of kastom (custom)

• Separate hearings for a range of groups (ie chiefs, ‘other men’, women…)

• Encourage (mandate?) women trustees (particularly in matrilineal systems)

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