Photo: Supplied/ MSchlauch - public domain
People evicted from a large squatter settlement in Papua New Guinea's capital two years ago, want a slice of a new government fund.
Following the recent clearance of the Bush Wara settlement in Port Moresby, the government announced a 20-million-kina fund to help more than 5000 evicted to re-settle.
The grim plight faced by PNG's evicted settlers
A human rights lawyer, Danny Gonal, who represents thousands of people, from the close by Morata New Block, which was cleared two years ago, said his clients should also have access to this funding.
He said they also want the court to consider what he defines as their "equitable right".
He said there are still several hundred families living on the streets of Port Moresby because they cannot find or afford accommodation.
Some of his group have managed to find accommodation but many others have not, he said.
"Finding alternative accommodation in Port Moresby is very expensive. I cannot give the exact number, but more than 300 families are affected. I think they are they are still living on the streets.
The PNG Ministry of Lands announced, at the time of the Bush Wara evictions, that 20 million kina would be provided for resettlement purposes but Gonal said that money is still to be made available to anyone.
"There would be certain criteria which the settlers have to meet before they are entitled to those monies. But that was only an announcement made. We put forward the situation the Morata settlers are in, so that could be included in that proposal," Gonal said.
He said he has written to the Deputy Prime Minister John Rosso, who is also the Minister of Lands, to point out the dilemma his clients face.
He said efforts have been made previously in PNG to force people to return to their home villages, through now discredited laws such as the Vagrancy Act.
The Supreme Court ruled that that measure contradicted the freedom of movement guaranteed by the constitution.
Three percent of PNG land is alienated, or state controlled, land and Gonal said the government should be using this to ensure adequate housing is provided, "through the National Housing Commission, adequate housing should be provided for all citizens, and that is not the case.
"What happens now - people come from the villages, in search of employment in the cities, particularly Port Moresby."
Suing for damages
He said when they come, they find no housing so people put up whatever accommodation they can put up, which is what has happened.
Gonal said they have already given notice to the state that they are suing for damages.
He said the company that now occupies the New Morata site may have a legal right to it, but the courts need to also consider equitable rights.
"We have submitted that the company may have the legal right, but the people living on that land, and the owners of the land, including the State, did not say anything over the years.
"They [the settlers] put up improvements, so they acquired what is called an equitable right. An equitable right is not as strong as a legal right, but as far as compensation for relocation issues are concerned, then they are entitled to."
"Compensation for the properties they put up, or the eviction effected. Some of those settlers have put a permanent structure and they were dismantled, pulled down."
Gonal said they are taking that issue to the National Court for them to be compensated or to be relocated.
He said they have already filed a section five notice, which registers his clients' interest to sue the state to recover the losses incurred by the eviction, or to provide for their relocation.