Chapter 17
Land tenure and access to finance
17.1
More than 80 per cent of the total land area in the Pacific region is
under a complex and diverse system of customary land tenure.[1]
Access to this land is an important factor in economic development in Pacific island
countries and a major consideration for investors. In this chapter, the
committee considers land ownership and its implication for economic development
and investment. It also considers access to finance.
Land ownership—obstacles to development
17.2
A number of witnesses suggested that the complex and sensitive nature of
land tenure arrangements in the region was an obstacle to economic development
and argued that to achieve economic reform, changes were needed.[2]
They identified buying and selling customary land and establishing legal title
as the main difficulties.[3]
For example, Mr Garry Tunstall, ANZ, informed the committee that it would be
preferable to have a land title system that worked where land could be bought
and sold. He explained
...if you want to borrow money and undertake investment by
borrowing money then a financial institution is unlikely to lend that money on
custom land.[4]
17.3
The Centre for Independent Studies noted that land surveys, registration
and enforcement of private property rights need to be established in the
Pacific.[5]
Ms Hayward-Jones suggested that some kind of consensus on how land is to
be used, who owns the product being sold and what can be built on the land is
important.[6]
She agreed with the view that the issue of land tenure is critical for private
sector development and needs to be resolved. She noted that if agriculture is
to be encouraged then land tenure, particularly in Melanesia, 'needs to be
sorted out'.[7]
17.4
The issue of land tenure affects many sectors of the economy. Mr Frank Yourn,
Australia Papua New Guinea Business Council, informed the committee that
sometimes land tenure issues produce difficulties with the development of
national infrastructure, such as telecommunications, roads and bridges. He
noted that a telecommunications company would have to engage in complicated
negotiations with landowners to secure a site for a transmission tower.[8]
A number of witnesses referred to land ownership, particularly disputes over
land tenure, as possible impediments to mining activity.[9]
17.5
Despite these identified problems, a number of witnesses informed the
committee that Pacific island countries have arrangements that attempt to
address the issue of land tenure. Larger projects, including agricultural ones,
are often in a better position to look after their own interests. For instance,
New Britain Palm Oil has a successful palm oil plantation in West New Britain
with 7,000 employees and also 7,000 private out growers. The larger plantation
is on leasehold land which allows the operator to plant palm oil. On the other
hand, the out growers, who work on land they own under custom rights, sell palm
nuts to the plantation for which they receive income.[10]
17.6
ANZ cited the mining industry as a sector that 'has demonstrated that
sensitive land ownership issues can be managed'. Furthermore, it noted that the
sector's approach to handling land ownership issues could be replicated across
other parts of the economy.[11]
For example, Mr Graham, Esso, explained that his company in PNG does not
necessarily own the land but acquires access to it. This means that for the
pipeline route, the company does not purchase a strip of land but has access to
that land. The LNG plant itself, however, is different. He maintained that 'if
you are going to spend $6 billion on a plot of land, you want certainty about
title and access to it'.[12]
17.7
Mr Clarke also referred to land ownership arrangements under the Oil and
Gas Act in PNG which enable a developer to secure a title from the state
through a mining or a prospecting lease of some sort. Nonetheless, he pointed
out that much preparatory work is required before a title is granted, including
holding a forum, producing a detailed social map and determining customary boundaries.
While he was of the view that some good models of arrangements with customary
landowners were working under the legislation in PNG, he noted failings in the
bureaucracy.[13]
He explained that because of a lack of funding and of execution, the framework was
'just not working'.[14]
17.8
Fiji has also established a legislative framework for managing access by
foreign investors to traditional owned land. The Australia Fiji Business
Council noted:
Fiji has done better than most countries through the
establishment of its Native Land Trust Board which manages the relationship
between landowners and tenants, and generally provides an effective mechanism
to enable land to be utilised for economic purposes of benefit to both the
landowner and the land user.[15]
17.9
Under the framework, investors apply to the Native Lands Trust Board
which acts like an agency for the landowners and takes a commission. Mr Yourn
indicated, however, that:
It is a hefty commission and they are not always as efficient
as they might be, but at least there is a framework and a structure there for
managing access to land. You still have to have a relationship with the
landowners and you need to nurture that relationship and keep it going for the
whole life of whatever it is your business is on that land...[16]
17.10
Mr Anderson, President of the Council, informed the committee of resorts
that have been built and operate in Fiji and where, in many cases, landowners have
become the recipients of the goodwill of that hotel. In this regard, both Mr
Clarke and Mr Yourn suggested that land ownership in Pacific island countries
is generally an issue to be managed and not to prevent business.[17]
Mr Clarke said:
The issue is also making sure that you have got, and you can
work with, the customary owners. If you cannot get on with the customary owners
then a government title is not going to fix it.[18]
17.11
Despite the various arrangements in place to deal with land ownership
difficulties, some witnesses contended that land tenure in Pacific island
countries is still a problem and remains a contentious matter. Some argued that
it is not going to change. A recent AusAID publication noted that governments
in the region have 'tended to avoid interfering with customary tenure systems,
in terms of how they allocate rights, manage the land and keep records'.[19]
In stronger terms, Professor Moore told the committee that, at the moment, the
problem was 'intractable' and would be so for 'a generation or more'.[20]
17.12
Ms Hayward-Jones was of the view that the issue of land tenure was
critical. She indicated that there had been calls in a number of countries in
the Pacific for help on land ownership matters. In her opinion, this was an
area where external assistance might help because Pacific island countries feel
they cannot reform it themselves due to the indigenous politics around it.[21]
17.13
A number of witnesses, including the Australia Pacific Islands Business
Council and the Australia Fiji Business Council, suggested it was important for
individual Pacific island countries to own the solution and for it not to be
imposed externally.[22]
Dr Patricia Ranald, Australian Fair Trade and Investment Network, made a
similar observation. While recognising the importance of land tenure reform,
she stated that it should 'take place in each country according to the needs of
that country'—it should not be a one-size-fits-all process and should be
developed in consultation with the people involved.[23]
The Prime Minister of the Kingdom of Tonga underlined this point. He noted that
land tenure 'is one of the most delicate, difficult subjects in all Pacific
island countries':
Given the vast diversity of land tenure systems throughout
the region, it is definitely...one of a national, local, domestic character, and
one best dealt with by each country within its own borders and within its own
culture and traditions.[24]
17.14
The capacity of customary landowners to engage in land tenure
arrangements is also an important consideration. In its publication, Making
Land Work, AusAID referred to customary land practices in Vanuatu. It noted
that foreign investors 'are making deals with landowners that are very much in
the investors' favour'. It found that 'landowners are discovering that the
terms and conditions they agreed to are inadequate, or that they were not fully
informed about the implications of these terms and conditions'.[25]
AID/WATCH also referred to the residential and commercial developments in
Vanuatu that 'rarely benefit local people, preventing them access to
traditional lands and at times result in difficulties securing back their land
when lease terms have expired'. In its assessment, while the new land laws
implemented by the government in Vanuatu were able to contribute to the cash
economy, they have 'gradually marginalised the local indigenous population'.[26]
On this matter, the Prime Minister of Vanuatu recently voiced his concern about
his people being taken advantage of in making such arrangements.[27]
17.15
The committee has mentioned in a number of different contexts the lack
of capacity in Pacific island countries to negotiate agreements with better-resourced
countries. In some cases, this same weakness appears relevant to customary
landowners when it comes to negotiating leasing arrangements.
Australia's assistance
17.16
While referring to the importance of land reform to economic development
in Pacific island countries, some witnesses recognised the difficulties and
sensitivities surrounding the issue. With regard to Australian assistance in
this area, AID/WATCH noted that 'Any Australian government involvement with
changes to land ownership systems in the Pacific needs to be carefully considered'.[28]
17.17
The Australian Government acknowledges that land policy in the Pacific
is a complex and sensitive issue which must be driven and shaped by Pacific
governments and communities and not by donor countries.[29]
It has allocated $54 million over four years to a Pacific Land Program. The
program aims to strengthen land systems to enable greater levels of social and
economic development and reduce the potential for instability due to
land-related conflict'.[30]
The Parliamentary Secretary for International Development Assistance, the Hon
Mr Bob McMullan MP, told a Pacific Land Conference that Australia would:
...support partner government initiatives that seek to
strengthen land departments, and that seek to find new ways of making customary
land work for customary owners and the national welfare, while maintaining the
integrity of traditional tenure.[31]
17.18
He stressed that host countries would take the lead and Australia's role
would be 'confined to that of supporting these initiatives'.[32]
In this context, he explained that Australia would provide:
-
assistance for the framing of stronger legislation on tenure
security and mechanisms for informed consent for customary owners involved in
land negotiations;
-
support to improve systems to resolve disputes;
-
training for land professionals and semi-professionals in areas
such as surveying, land use planning, valuing, real estate and the law; and
-
on a regional level, help to countries wanting to respond to the
challenges and opportunities associated with rapid urbanisation.[33]
17.19
With this in mind, AusAID produced a comprehensive publication, Making
Land Work, as 'an information source for countries wanting to undertake, or
who are already undertaking, land policy reform'.[34]
17.20
In the previous section, the committee mentioned concerns about the
capacity of customary landowners to negotiate land tenure arrangements and cited
experiences in Vanuatu. In this regard, the committee notes Mr McMullan's
assurances that Australia would provide assistance for developing mechanisms around
'informed consent of customary landowners in negotiations with investors and
developers'.[35]
17.21
A number of witnesses commended the government's approach to land reform
in Pacific island countries. AID/WATCH and the Australian Agency for
International Development (ACFID) referred to the statements by Mr McMullan as
a positive indication of Australia's intention to 'listen to Pacific community
voices' and adhere to two fundamental principles:
-
Australia will only support reforms that recognise the continuing
importance of customary tenure; and
-
land policy reform must be driven by Pacific island governments and
communities, not by donors.[36]
17.22
Ms Hayward-Jones acknowledged the work undertaken recently by AusAID on
land tenure as 'fairly well received'.[37]
She indicated that exploring options and ideas on ways to manage land ownership
issues through education, debate and workshops would be one way of offering
assistance.[38]
The Australia Fiji Business Council noted that generally AusAID's contribution
on possible reforms to enable better economic usage of land was 'very
worthwhile'. According to the Council, this work in time may lead 'to a more
stable and predictable environment for all parties', but it needs 'to continue
in partnership with Pacific stakeholders'.[39]
17.23
Some witnesses were either critical of Australian assistance or more
definite in identifying areas where Australia could contribute to land reform. Professor
Hughes argued:
We have not put in the intellectual resources to try to
persuade people that land tenure is important. We have not put in the aid
sources for cadastral surveys so that villages would know what land is theirs
to divide. We have not supplied the aid for that. In Fiji, it exists. But in
most other islands it does not, and it certainly does not exist in Papua New
Guinea. We have failed to do our part in the land problem.[40]
17.24
Professor Moore suggested that Australia should be putting more effort
into advising Pacific island countries on 'how to deal with customary land
tenure'.[41]
The Centre for Independent Studies noted that land surveys would be 'an ideal
task for Australian aid since they are financially and technically demanding'.[42]
According to ANZ:
Australia could consider providing assistance to help PNG (and other Pacific Island states) develop arbitration and mediation procedures for land
disputes which would make the administration of land law more efficient.[43]
17.25
Mr Hodgson, Australia Pacific Islands Business Council, liked the idea
of an arbitration structure because, 'it brings a degree of formality to the
quite casual way in which Solomon Islands matters are dealt with'. He was unsure
about whether the government would think that Australia was interfering. He
said that if it were 'handled well and diplomatically they may well see it as
something that is helpful'. He concluded:
I do not think anywhere near enough time has been devoted
towards trying to work out a way in which customary land can be used as an
asset to borrow against, lease or do what you like with it. I do not think
enough time has been spent in that thinking process'.[44]
17.26
Mr Noakes believed that there could be some value in providing
assistance to foreign investors from countries such as Australia to develop 'an
understanding of traditional practices and local authority structures and
loyalties, land ownership and land use'.[45]
Summary
17.27
The committee recognises the work that Australia is doing in the area of
land tenure. Clearly, while some witnesses acknowledged Australia's assistance
with land tenure reform in the region as 'well received or worthwhile', some
saw room for an improved role for Australia in this area.
Access to credit and financial services
17.28
Many businesses, especially the local small to medium enterprises, need access
to credit to start up or expand their business. The willingness to lend money
for commercial undertakings in Pacific island countries depends on a risk
assessment that takes account of many factors such as likely economic
prospects, the quality of economic infrastructure, service delivery, the
regulatory environment, political stability, law and order and land ownership.
17.29
Unfortunately, because of deficiencies in these areas, many Pacific island
countries are deemed to be difficult places to do business, which makes lenders
reluctant to finance enterprises. For example, Qantas noted that given the
weakness of aviation and related infrastructure in many parts of the region,
investors are unwilling to commit funds for construction of hotels and other
tourist plant.[46]
The Pacific Islands Forum Secretariat drew a similar conclusion about the
uncertain financial environment in Pacific island countries that requires
commercial banks to protect their interests by imposing loan conditions that
severely limit opportunities for investors to access finance.[47]
17.30
The small populations in Pacific island countries with a high proportion
of people working in the subsistence economy also limits access to finance. But
even those in the SME sector of the largest Pacific island countries have
problems obtaining credit. Mr Clarke noted that PNG does not have a
'significant middle class'—it 'tends to be at a subsistence level or at a very
small scale' and without access to credit.[48]
He said, 'Some of those companies will not quite fall within the minimum criteria
to attract commercial bank loans, and so there is a dearth of equity
capital—SME start-up capital'.[49]
17.31
Microfinance, which offers a full range of financial services to the
poor including savings, loans, insurance and money transfer services, is one way
of overcoming the disadvantages now experienced by many people living in the
region. The Foundation for Development Cooperation noted that the number of
microfinance programs had increased in Pacific island countries in recent
years. It informed the committee, however, that most of the schemes had not
been successful due to their limited outreach and poor access to financial
services, particularly for the most disadvantaged living in rural areas. In its
view, microfinance programs in the region 'should provide business and
technical training for their clients, or coordinate their activities with other
programs that provide such training'.[50]
A UNDP study found that only around 20 per cent of the population of Kiribati,
Tuvalu, Samoa, Solomon Islands and Vanuatu had access to financial services.[51]
17.32
AusAID acknowledged that access to finance was a problem for parts of
economies of Pacific island countries but agreed with the observation that the
difficulty was more with access to financial services. Dr Lake explained:
In many parts of the Pacific, when people are moving from
subsistence agriculture into the marginal cash economy, they save for school
fees, health costs and things like that. What they want is financial services,
in which case they can put the money in to save and then take it out when they
need it. Microfinance can be an important part of a broader package of
financial services, and people usually want the financial services.[52]
17.33
In her view, the financial services sector in the region was 'pretty
thin and narrow'. Importantly, she identified transport and communication
networks as a means of enhancing and expanding this service. For example, she
cited improved road services in Malaita where vans are now travelling out to
rural areas offering banking services, and the use of mobile phones to transfer
money around the country.[53]
Telecommunications technology, in particular, is opening up new opportunities
to extend financial services to the 'unbanked'.[54]
Committee view
17.34
Many Pacific Islanders suffer economically from poor access to financial
services. The committee recognises that microfinance offers great potential to
extend the reach of these services to the many currently excluded from them. It
also notes that success in extending the frontiers of financial services also depends
on improvements in roads and ICT services.
Australia's assistance
17.35
In previous chapters, the committee has noted the contribution
that Australia is making to assist Pacific island countries create a secure and
friendly business environment. All these measures designed to improve economic
infrastructure, the delivery of essential services and overall governance will
also make the business environment in Pacific island countries more attractive
to lending institutions. Nonetheless, access to credit and to financial
services remains a major impediment to business.
17.36
Information contained on AusAID's website states that Australia will provide
$20.5 million over six years to pilot an Enterprise Challenge Fund (ECF) for
the Pacific and South-East Asia to stimulate economic growth. The fund provides
an opportunity for private-sector businesses to participate in open competition
for matching grants to finance commercially viable business projects. It also
intends to ensure that the poor are included in the benefits and opportunities
provided by growth. Through open competition, the fund would award grants of
$100,000 to $1.5 million to 'business projects with pro-poor outcomes and that
cannot obtain financing from commercial source'. According to AusAID:
At least 50 per cent of the project costs must be met by the
partner business, and all projects must be commercially self-sustaining within
three years.[55]
17.37
AusAID recently announced details of its first two successful grantees. One
of them, Nature’s Way Cooperative (Fiji) Ltd, an expansion of a fruit quarantine
facility, was awarded $263,000. This contribution will enable the cooperative
to expand its fruit exports to improve the livelihoods of approximately 1,200
rural people in Western Viti Levu.[56]
![Nature's Way Cooperative Fiji Limited](/~/media/wopapub/senate/committee/fadt_ctte/completed_inquiries/2008_10/swpacific/report/c17_1_jpg.ashx)
Nature's Way Cooperative in Fiji, funded by AusAID's
Enterprise Challenge Fund, aims to improve marketing services for the Fiji
fruit and vegetable export industry and expand quarantine treatment facilities
(image courtesy of Coffey International Development).
17.38
The three Business Councils recognised the fund as a step in the right
direction. They noted, however, that the major drawback with the fund was that
a successful applicant was required 'to be in position to put up $100,000 in
equity or kind towards the project being funded. In its assessment, there would
be cases where good business proposals will fail to qualify for the ECF grant
due to this requirement'.[57]
17.39
Mr Noakes also referred to the ECF but noted that 'only two of the first
30-odd applications got across the line'. In his opinion, something must be wrong
with the mechanism 'when some very good applications which could have had a lot
of benefit in communities just did not get up'. He believed that AusAID was
still coming to terms 'with mechanisms to help stimulate and assist the private
sector' and had 'not quite got there yet'.[58]
17.40
The committee notes this criticism of the Enterprise Challenge Fund. It
also notes the evidence that the availability of financial services is a major
constraint for Pacific islanders.
17.41
In his 2009–10 Budget Statement, the Minister for Foreign Affairs announced
that Australia would facilitate economic growth through expanded support for
microfinance activities in both urban and rural areas. According to the
minister, new assistance would include increasing support activities in the
Pacific and PNG drawing on partnerships with NGOs, regional network
organisations and the private sector. No mention was made of specific programs
or activities or of the partnerships with NGOs and the private sector. The
Pacific Partnerships for Development are also intended to be a mechanism
whereby private sector development would be enhanced through better access to
microfinance.[59]
Currently, however, they shed no light on activities that are intended to
achieve this objective.
17.42
Concerned about the lack of detail on the type of assistance Australia
is providing in the area of microfinance, the committee wrote to AusAID seeking
more information. AusAID informed the committee that activities currently and
previously funded by Australia included the provision of enterprise development
and financial literacy training across a number of Pacific island countries and
expanding banking services to remote areas in the Pacific through mobile
banking.[60]
17.43
ANZ informed the committee of its work to raise the level of financial
literacy and to provide financial services to those currently out of reach of
the traditional banking system. It runs a program called 'Banking the un-banked'
in the region which:
...delivers basic, affordable and reliable banking services to
remote and disadvantaged communities in the region, in partnership with the United
Nations Development Programme (UNDP), to provide financial literacy education.[61]
17.44
It reported that since launching the program in October 2004, 75,000 previously
unbanked rural people in a number of Pacific countries have opened savings
accounts. ANZ also offers micro-loans to regular savers and explained that a
micro-loan of $100 'can start a small business which in turn can lead to
increased income and better living conditions'.[62]
It noted further:
Developing infrastructure in Pacific economies so communities
have access to a range of financial products and services is important to the
communities in which they are offered as well as the economy more broadly.
However, efforts in this area will have a better chance of succeeding if
individuals and communities are provided with the financial education needed to
understand both the benefits and downsides of easier access to financial
services.[63]
![Mobile banking](/~/media/wopapub/senate/committee/fadt_ctte/completed_inquiries/2008_10/swpacific/report/c17_2_jpg.ashx)
The ANZ Bank has established
mobile banking services in Fiji. The services are popular in remote and rural
Pacific island communities (image courtesy of Islands Business, published with
ANZ's approval).
17.45
ANZ cited its work to improve financial literacy in the region as an
area in which it could work with the Australian Government to deliver improved
social and economic outcomes in the Pacific.[64]
Committee view
17.46
The committee notes the establishment of the Enterprise Challenge Fund and
the criticism about its limited application. It also recognises that access to
financial services is a major constraint to economic development in Pacific
island countries. Apart from general references to Australia's support for
microfinance, the committee has little evidence that this aspect of Australia's
assistance forms part of a coherent assistance framework. The committee
believes that there is much scope for the Australian Government to improve its
contribution to microfinance in Pacific island countries. The committee,
however, acknowledges and commends the work that ANZ is doing in the region to
provide financial services and improve financial literacy.
Recommendation 13
17.47 The committee recommends that the Australian Government establish a
strategic framework that encourages the private sector to get involved in
providing microfinance and other financial services in the Pacific island
countries.
17.48
In the following part of this report, the committee brings
together the evidence presented so far to consider the effectiveness of
Australia's assistance and how Australia could do better to help Pacific island
countries achieve economic growth and sustainable development.
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