In the New Hebrides, land

is what it’s all about

By PIM staff writer MALCOLM SALMON

It is said that when subordinates began to outline some problem to France’s famed World War I com mander, Marshal Foch. they would regularly be cut short with the ques tion: "De quoi s’agit-il ?” “What’s it about?” In this way, Foch hoped to do away with long explanations and at once get to the heart of the matter.

A fair answer to Foch’s question in relation to today’s situation in the New Hebrides would be: “Land.”

And the land situation in the con dominium is hotting up.

Several documents recently cir culating in the New Hebrides elo quently demonstrate this.

The first is a letter signed by Chief P Poilapa of Mele Village in the southwest of Efate Island. The letter is addressed to Mrs Sylvia McMichael. managing director of Tara plantation, which is about 10 miles from Vila and two miles from Mele village. The chief’s letter says: “The Chief and People of Mele village demand the return of the land at present occupied by your company in Mele land.

“We need not tell you of the past history as to the acquiring of the land and definitely believe that it was through devious means that your predecessors acquired this land. The history of how land has been fraudulently taken by Euro peans in the past in our islands is not a new tale and we know that you cannot deny it.

“We know that your argument for the freehold of this land would be based on the decision of the Joint Court. However, we wish to inform you that we do not regard the Land Titles in the Joint Court as valid, because they contain a foreign and colonial seal in which none of our forefathers had any role to play.

“We claim what we know is ours, and that we are the rightful owners.

“We hereby give you three months notice as from this date (March 3. 1977) to vacate this land.

Failing that we will be forced to take action.” (A petition along similar lines was

sent on the same day to the French and British Resident Com missioners in Vila.) The reply to Chief Poilapa’s letter was written by Mr L. N. Nevels.-Jr, an American attorney operating out of Honolulu, who is attorney to Mrs Sylvia McMichael. It says in part; “Your letter to Mrs McMichael has been turned over to me for reply.

“As you must have anticipated, it is impossible to do otherwise than reject your claim. Permit me to give you the reasons therefore.

“You are quite correct in believ ing that my client relies upon her Court Title to support her freehold interest in the lands of Tara Planta tion. But it goes beyond that.

“My client, as do practically all other fair-minded persons, of every racial, religious and political back ground, believes that all people have an inalienable right to select their own government, their own leaders and their own laws. No man should be dominated by an alien philosophy which (if he understands it at all) he inherently disagrees with. All honourable men will agree that New Hebrideans are no excep tion. that they are entitled to govern themselves, in their own way, with their own institutions, and that they should be encouraged and assisted in taking their place as an indepen dent nation in this 20th century ...

“Any humane and understanding person will recognise the yearning of some New Hebridean leaders to restore an earlier, simpler, satisfy ing way of life. That same unders tanding person will feel great sor row that it cannot be done, however much the desire may be there.

“However well-intentioned the people who advocate a return to ‘custom’ may be, such a return is im possible.

“When you become self-govern ing and independent, as will surely happen soon, you will be a very small nation among more than 180 other independent and self-govern ing nations of the world in this 20th century. If the 20th century with all its upheavals, miseries and successes has taught us anything, it has taught us that nations are interdependent ; none can survive by itself, in a shell, unrelated to many, if not all, other nations. What happens in Zanzibar or Angola or the United States has some effect upon the New Hebrides, whether its people like it or not. A typhoon in the Philippines has a pronounced effect on the New Hebrides . ..

“Thus, the New Hebrides will have to realise, as an independent nation, that it has to live in the world community. To do this it must earn the respect of at least a goodly number of 'that world community . . . Indeed, the New Hebrides will for some time be very dependent

upon the goodwill of and the invest ment from many other countries and the citizens of those countries.

“It is always tempting, in the crea tion of a new country, to try to get a ‘head start’. The simple way of doing this is for the new government to take the lands and property from former colonials. They have no votes, no political power. Prac tically all new governments are tempted to do this. But it has grave consequences. Consider the lack of success of those new nations who have done so in the past 20 years Zaire, Tanzania, Uganda. Papua New Guinea, Angola, and others.

Each of these has suffered tremen dous hardships with more to follow.

“They have antagonised the re sponsible nations of the world (perhaps without intending to), they have suffered revolutions, breaka way movements, assassinations, coups d’etat, economic disasters beyond the scope of other new na tions. Many of these disasters are directly related to the suspicion and contempt held for governments which take other people’s lands. It would be tragic if the New Hebrides starts its independent status with these same potential problems, it would be pathetic if it did not learn from the sad experiences of other recently-founded countries.

“A nation, no less than an indi vidual, must honour commitments given in the past, whether those commitments were made by them selves or by others ... (Mr Nevels was writing primarily about the New Hebrides situation.

His views on the present state of Papua New Guinea are so wide of the mark that he needs a good law yer himself to protect him from the justifiable indignation of the PNG Government. PNG is not unsuc cessful, nor is it suffering undue hardships, assassinations, coups, revolutions, nor has it lost the good will of other nations).

Things had also been stirring on Pentecost Island where in February a council of custom chiefs on the is land declared itself the government of the island. Father Walter Lini, president of the Vanuaaku Party (formerly New Hebrides National Party), was invited by the council to visit Pentecost and to counter-sign the declaration.

A French company, Thevenin et Cie (Thevenin & Co.) reacted by

virtually threatening to take the law into its own hands to protect its in terest in Pentecost’s Lonorore Plan tation “if forced to”. The Thevenin statement follows in full:

‘Declaration Of Posi

Tion By Thevenin Et Cie.”

“The following statement is made by Thevenin et Cie as the lawful, ad judicated owner and long-time possessor of some 2 500 acres of land known as Lonorore Plantation, Pentecost Island, new Hebrides.

“Thevenin et Cie and its pre decessors, starting prior to 1904, with foresight and creative effort, brought forth from the Pentecost bush a productive plantation. Many years ago Thevenin et Cie by due process of law before a properly constituted tribunal had its land ti tles adjudicated and confirmed.

“Thevenin et Cie was voluntarily established under French law; it and its predecessors voluntarily submit ted their persons, their businesses and the lands of Lonorore Planta tion to the jurisdiction of the Con dominium Government. Thevenin et Cie has obeyed that government’s laws and will continue to obey them so long as that government performs those acts for which it was primarily created namely, to protect the persons and property rights of those over whom it exercises jurisdiction.

“Thevenin et Cie acknowledges the legitimate desire of the New Hebridean people to govern them selves; Thevenin et Cie endorses the political principle that all people are entitled to select their own leaders and to submit themselves to

laws appropriate to their own cultures and aspirations. No man should be prohibited from the exer cise of these natural rights.

“Thevenin et Cie is well aware that the obtaining of self-govern ment is for any people a process dis tinguished by slogans, statements, oratory and sometimes promises of impossible dreams. This is partic ularly so where, as in the New Hebrides, there exists an enormous diversity of languages, customs, economic conditions and objectives.

When these difficulties are combin ed with a most rudimentary in frastructure and a severe shortage of trained personnel with which to op erate a 20th century government, it is to be expected that those striving for self-government and indepen dence will seek to enlist adherents by making insupportable statements and by promising popular, though irrational, acts. This is human nature and can be endured.

“However, when representatives of some of the people usurp political authority; when a few people resolve to take without compensation the property of others, this is another matter. Such has recently been the case.

“At a meeting held on February 10-1 I. the Vanuaaku Pati at Quat napni. Pentecost unilaterally declared itself the government of Pentecost Island and in addition solved to take Lonorore Plantation and distribute it to one or more of the adherents of the Vanuaaku Pati.

This action was further magnified by the publication in the March

• continued on p. 89

»77 issue of the Vanuaaku Pati’s lew Hebridean Viewpoints’ of a story of Lonorore Plantation dis iguished by outright falsehoods,

ilf-truths and insupportable con

usions.

“So that there will exist now and the future no misunderstanding, hevenin et Cie makes the following ;clarations in response to the ac 3ns of the Vanuaaku Pati and the >1 itical situation now extant in the ew Hebrides; “I. That so long as the Con >minium Government shall fulfil ; primary functions of protecting e personal liberties and property E>hts of those dwelling within or iving business interests in the New ebrides, Thevenin et Cie will con lue to obey the laws of the Con >minium Government.

“2. That in the event the Con iminium Government shall at me future time cease to exercise ich primary functions, or shall ibstantially modify its past con pts of private land ownership, or all surrender its jurisdiction over e New Hebrides, or any portion ereof, to another body politic, hevenin et Cie reserves its natural id inherent right to reject such langes. Any government which irectly or indirectly permits its •ior solemn adjudications to be sregarded, either by its own of fals or by surrender of jurisdic on to a successor government, ereby releases its subjects from the ity of continued support.

“3. For more than 70 years past hevenin et Cie and its predecessors title have by their conduct ex nplified and exercised all indicia f ownership of the lands of onorore Plantation. They have, oreover, complied with all laws ider which freehold title to these nds has arisen.

“Thevenin Et Cie Is The

'Wner Of Lonorore Plan

Ation. It Will Not Sur

Ender The Freehold

Itle To Its Lands To Any

Erson Or Body Politic

/Hatsoever

“4. Thevenin et Cie desires to be a 3od neighbour to all persons. It, :cordingly, will not interfere with

the selection of its neighbours’ leaders nor with the formulation of its neighbours’ laws. It seeks with all persons peaceful and mutually beneficial trade and harmonious relations. But it EXPECTS AND DEMANDS in return that all per sons act towards Thevenin et Cie in the same manner, respecting its rights and property.

“5. Thevenin et Cie hereby con stitutes itself a body politic in ad dition to being a business entity. As such body politic Thevenin et Cie hereby undertakes to protect the lives, liberty and property of all those who shall now and in the future voluntarily dwell within the boundaries of Lonorore Plantation, if such protection shall not be pro vided by the Condominium Govern ment as constituted on March 1, 1977.

“These Declarations are State ments of Position. Thevenin et Cie and those with it associated, now and in the future, are entitled under natural law to select their govern ment just as its neighbours are en titled to select theirs. In the event, and only in the event, that the Con dominium Government is unable or unwilling to perform its primary functions above described will these Declarations take precedence over Thevenin et Cie’s voluntary support of the Condominium Government.

“Thevenin et Cie (signed) Donald Thomas Bowden, a sub ject of Her Gracious Majesty Queen Elizabeth II of Great Bri tain.”

In his pamphlet “Land and Politics in the New Hebrides’’, which was sponsored by the United Nations Development Programme, a leading Vanuaaku Party member,

Barak Sope, wrote; . the major

land problem in the New Hebrides is maldistribution of land between Europeans and New Hebrideans.

Although New Hebrideans hold 64 per cent of the land, they are 95 per cent of the population. Europeans own 36 per cent of the land and comprise only 3 per cent of the population.

“The ownership is justified on political grounds. It is a political problem, and any steps taken to solve it entail political conse quences.”

The documents reproduced here are proof enough that the last has not been heard of the politics of land tenure in the New Hebrides.