Dr Kristian Lasslett*
Some of the Art Centre community’s younger residents. Image courtesy of Philippe Schneider.
Here we go again! This time it’s the 3,754 residents of Port Moresby’s Arts Centre community facing eviction. In Thursday’s Post-Courier the developer claims this ‘necessary’ step will pave the way for a “major development … worth more than K230 million”, which will “directly employ scores of Papua New Guineans and boost the country’s economy” (Post Courier 7/11/2013).
Sound familiar? It is almost identical to the argument used by developers to justify the now infamous Paga Hill forced eviction in 2012.
The Arts Centre ‘development’ is spearheaded by former parliamentarian, Tom Amaiu, and his company Macata Enterprises, which holds the state lease over this prime piece of land (portion 1564). Amaiu claims his ambitious plans are being frustrated by “illegal tenants who have unlawfully trespassed on his property” (Post Courier 7/11/2013).
Its not quite that simple. Here are three reasons why.
1. K100 for 12ha of prime Moresby real estate!!
According to Lands Department records, this 12.13 hectare plot of land, right behind parliament house is being leased to Macata Enterprises for the annual sum of K100. That’s not a typo! It would be difficult to find a room in one of Moresby’s less salubrious areas for that price per week, much less annually.
The sum seems especially curious given that 99 year business leases normally attract an annual rent which is pegged at 5% of the unimproved value of the land. Could a massive plot of land in the heart of Waigani really be worth K2000? Its unlikely – add three zeroes and the figure would be getting more accurate. If the Lands Department has granted Macata a rent exemption, then their lawful authority to do so must be made clear by the Lands Secretary; the Auditor General and Public Accounts Committee take such matters very seriously.
The LAGIS record for Portion 1564, note the total rent owing!
2. Tom Amaiu’s Criminal Past
The Arts Centre community allege that Amaiu has “gone into hiding” to circumvent legal proceedings. Amaiu rejects this claim, and argues he is a legitimate businessman being tarnished by “illegal settlers” (Post Courier 4/11/2013 & 7/11/2013). He may be, but he does have a questionable past.
While MP for Kompiam, PNG’s Supreme Court claims the honourable Mr Amaiu learnt of a K10,120 timber royalty payment being made to Wagop Korowai. Amaiu then “went to the bank to gain possession of some of the monies concerned — to which apparently he had no personal entitlement. He even went to the length of bringing an elderly man and his son from a primitive village area … [He then] falsely represented the two men to the bank official as being Wagop and his son”. Amaiu spent five years in prison for this crime during the 1980s.
3. The brutal tactics used to terrorise residents
The Arts Centre settlement is a vibrant, inter-ethnic community that has been at the site since the 1980s. Many children have grown to maturity there, and know no other home. Its residents can be found in all walks of life, working in both the service industry and government. Most just want their children to get a good education so they can one day live in some of those nice apartments just over the hill.
Sadly this dream has been seriously jeopardised by the way the development has been handled. In March this year, heavily armed police and bulldozers entered the community to carry out a forced eviction. Residents claim they were ordered by police to burn their own properties. One wonders what MPs thought as plumes of smoke wafted over parliament house.
One local, Anna wept as she told me about her sister’s home. It was destroyed during the demolition, while the sister was in hospital receiving chemotherapy. Now the family is homeless. This is just one story, there are many others like it.
Anna breaks down as she recounts her story.
Alternatives to Forced Eviction
Of course, there are ways to resolve this dispute amicably.
For instance, Macata Enterprises could publish its planning documents to illuminate a) how this mega-project is going to be financed to the tune of K230 million, b) the formal approvals given by government, c) proof the K230 million development meets zoning and planning requirements, and d) how the project plans to make good use of state land, that will benefit the public. Macata also needs to organise a resettlement package for current residents that offers a dignified alternative to forced displacement.
Amaiu claims he spent a whopping K2 million to fence off the Art Centre property. If only he had instead spent this implementing a humane resettlement plan.
The fence which Tom Amaiu claims cost K2 million
Alternatively, if the residents successfully overturn Macata’s claim – with no financial resources its an uphill battle – then the state lease could be subdivided and reissued to residents, with Office of Urbanisation assistance. At the moment the state notionally receives K100 for this property, were the settlement upgraded it could easily bring in K200,000 from residents, which could pay for schools, hospitals and infrastructure.
However, all this demands political leadership. Like Dame Carol Kidu did for Paga Hill, the MP for Moresby North-East, Labi Amaiu, should be protecting his constituents’ rights to dignified and fair treatment. The only public utterance we have heard from the community’s MP was to deny involvement in his father’s business.
Oh did I forget to mention, Tom is Labi’s father.
No one is suggesting that the MP for North-East stands to gain directly from this deal, nonetheless his failure to act is lamentable. While the MP for Moresby South stood in front of guns and bulldozers at Paga Hill, Arts Centre residents allege the member for Moresby North-East did nothing as their homes were destroyed to pave the way for Amaiu Snr’s business deal.
Like so many other land disputes in PNG’s capital city this looks like it will be another bloody mess. Today (Friday) the National Court will hand down its decision on the resident’s appeal. If it fails, bulldozers and a violent rabble of police officers will descend on the community. It won’t be pretty.
Schooling at the Arts Centre community has been seriously disrupted by the dispute. Image courtesy of Philippe Schneider.
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* Dr Kristian Lasslett is a Lecturer in Criminology at the University of Ulster and sits on the International State Crime Initiative’s Executive Board. He has been researching forced evictions in PNG since 2012.
