Keith Jackson & Friends: PNG ATTITUDE

Landowners revive decades old Konedobu claim

BY OALA MOI

A DECADES OLD CLAIM that the Konedobu foreshore and Harbour City were unlawfully acquired by pre- and post-Independence governments and other stakeholders has been revived by contemporary members of a landowning clan after a four year break.

The people behind this revival are a band of male second-cousins who refreshed their solidarity this week after honouring the previous efforts of their Tau Sere Land Group Incorporated executives.

The group of second cousins is led by Vai Ruma and comprises Davai Tau (who is represented by his nominee Puka Tau), Nou Vai, Adam Vakona, and Vagi Boe. It is apparent that the land fight has run into the third generation. Vai Ruma follows his father, Ruma Vai, and his grandfather and namesake Vai Tau. This is the same situation with Davai, Nou, Adam, and Vagi.

The group represents Kua Tau, Seri Tau, Vai Tau, and Muraka Tau; the children of landowner Tau Sere of Mavara Laurina clan of Hanuabada village in the nation’s capital. Tau Sere Land Group Incorporated corporatizes Tau Sere’s descendents and has been pressing their customary ownership claims in recent years.

While members of Vai Ruma’s group are also land group members, they think they are not circumventing the land group’s efforts. In fact, here are land group members consolidating their cause and that of the Tau Sere Land Group Incorporated.

Vai Ruma’s group is claiming customary ownership of land area commencing from the high water mark and going as far as Champion Parade road on the land, then running through the Scouts Headquarters at Konedobu to as far as the Saint Michael’s Catholic parish; and ending at the Laurabada United Church precincts just before Hanuabada village.

Altogether there are a total of 8 State portions covered by the group’s claims. And like those generations that came before them, Vai and his cousins are demanding the return of ownership of the Konedobu and Kaevaga foreshore to the descendents of Tau Sere.

Vai’s group is also threatening legal action to nullify the sale and transfer of allotment 25; i.e. reclaimed land that is known as Harbour City. The group claims that Harbour City is land that was claimed by the wrong customary landowning clans which incorporated as Gidare Landholdings Ltd, and who in turn sold it to road construction company, Curtain Brothers.

They think the contract of sale was signed by a vendor that did not have the permission of the Tau Sere descendants who were and who should be the lawful customary landowners.

And they are not misleading themselves by this line of thinking! A fellow villager from Hanuabada has already admitted in a Facebook post this month that: “I am from the hahine [matrilineal] side and what we were told was our claim to ownership of harbour city was through the material used in the reclamation exercise.”

This admission is significant in a sense that the contract of sale entered into by Gidare Landholdings Ltd and Curtain Brothers may have been grounded on a legal falsity; a falsity that is not supported by law.

The falsity is that the legal person that sold the land was not and has never been the owner of the property the subject of the sale. Firstly, an ownership claim made by Gidare Landholdings Ltd may have been based on this argument that there are two distinct properties involved; one is the excavated material dumped at the Harbour City, and the other is the seafloor.

Both vendor and buyer operated on this false and untested assumption that the seafloor is ownerless; and that therefore there had to be an alternative way to claiming ownership of the reclaimed land.

This is where the owners of the excavated material come in. The only difference was that the source of the excavated material lies outside Harbour City, and therefore their ownership claim lies outside Harbour City.

To think that customary rights of land ownership can ride on a tipper truck together with the excavated material and be attached to reclaimed land is absurd that it should not be accepted as fodder for public policy in Papua New Guinea.

Rather, the argument should be that where statutory law has failed to find an owner of reclaimed land, as in the present case, then the custom of the Motuan people of Mavara Laurina clan of Hanuabada should have been given prominence in identifying the customary owner of the seafloor that lies underneath the Harbour City.

That is what the lawyers advising the vendor and the buyer should have advised either parties. In the absence of statutory law, they should have cited custom as a source of law in Papua New Guinea.

Paga women screamed as bulldozers destroyed homes

BY KEITH JACKSON

DAME CAROL KIDU has issued a statement on the enforced removal of 2,000 settlers from a development site on Paga Hill in Port Moresby after she was injured by police when she tried to intervene.

Dame Carol says she does not oppose the development of Paga Hill, and has previously told the settlers that one day they would have to leave, but “bulldozing a community does not solve any problems”.

“It only complicates things and creates a huge human rights issue.

“The Governor [Powes Parkop] and I are faced with hundreds of displaced families (refugees in their own country) who are now sheltering in tents with candles for lights because their power has been disconnected.”

Dame Carol said she had watched “women being dragged from their homes screaming while bulldozers were ordered to move in.

“There [were] babies, elderly, sick people as well as the fit and some very angry young men who were kicked viciously by police and for many families everything was destroyed.”

Eventually Dame Carol said she got the police to stop the demolition because lawyers were on their way with a stay order on humanitarian grounds.

She also said that most of the police “started to rethink what they were doing, especially when they realised that their own police legacy land was involved.

“Many said ‘Thanks Mum. I hope you would fight as hard for our families if they were in danger’.

Download Statement by Dame Carol Kidu on the Paga Hill scandal

And here's some dramatic video of the incident involving Dame Carol, one real gutsy lady....

 

Kidu heavied as she protests destruction of homes

BY REUBEN GIUSU
NAMORONG REPORT

DAME CAROL KIDU, the only female MP in Papua New Guinea’s male-dominated rogue parliament, has been accosted by two policemen after she protested at the destruction of the homes of 2,000 people of Paga Hill in Port Moresby.

PNG’s opposition leader and former community development minister was told to “stop interfering” and then was threatened. That was when I took this photograph and told the two officers to back off.

A company claiming a commercial land title of the Paga Hill area had begun to demolish the houses of over 2,000 residents.

The Kikori people were the original Paga settlers who where given permission to reside on the land by the Motu Koita after World War II.

The land also includes war heritage sites, including bunkers and left over bombs, which are a very real part of our history and should be part of a national park.

It is utterly outrageous how this land has been fraudulently obtained. No one in their right mind would allow such historical landmarks to be traded as commercial land.

If we tolerate this kind of forceful action by developers, then we continue to feed this country to the dogs.

The past decade has seen some terribly corrupt events, but I'm afraid this takes my pick as one of the lowest.

The stakes are so high that human beings lose their rights, which are trampled on. Over 2,000 people affected, many of whom have spent their entire lives living in the area.

A sad day for human rights in this country!

An approach to the challenges of land tenure

HISTORY EN GRATIS

Land Law and Economic Development in Papua New Guinea by David Lea and Timothy Curtin, Cambridge, ISBN 1-4438-2651-0, USD59.99

THIS BOOK IS DEVOTED TO an analysis of alternative land tenure systems in Papua New Guinea and offers a blend of philosophical, legal, sociological and economic approaches to this issue.

The text is divided roughly into two sections. The first six chapters provide a religious, philosophical, historical, sociological and legal context in which to understand Melanesian culture and Melanesian customary land tenure, and its contemporary recognition within the country s legal system.

The early chapters review the historical approaches to customary land tenure from the pre-independence period up to and including the most recent amendments that deal with the incorporation of customary land owning groups.

In these chapters we recommend that the present system be replaced with one that gives greater emphasis to formalized forms of private individual ownership and provides answers to various cultural, social and philosophical objections to such proposals.

The latter section of the book demonstrates the economic advantages to be gained through the conversion of customary forms of individual land tenure to private ownership based on documented titling.

The economic issues considered include the serious shortage of land for other than purely subsistence food production; the inadequacy of both food and cash crop production for export when based on customary land ownership; and the failure of the new Forestry Act to promote increased levels of sustainable production by Papua New Guineans themselves.

The book concludes with examination of the scope for land registration in Papua New Guinea with reference to developments in Kenya that transformed customary ownership across much of the country into individual private ownership.

Tim Curtin has been an academic and economic adviser in Tanzania, Kenya, London, Egypt, Nigeria, and Papua New Guinea (1970–1999). He is now retired and living in Canberra. Dr David Lea teaches philosophy at the American University of Sharjah. He previously taught at the University of Papua New Guinea

Women and children look to community justice

BY CATHERINE WILSON
INTER PRESS SERVICE

A NEW COMMUNITY JUSTICE program being rolled out in Papua New Guinea’s vast village court system is bringing international human rights-based laws to rural communities and boosting the protection and empowerment of women and children.

In the long term, it could help to reduce the high numbers of female and juvenile victims of abuse.

Village courts wield immense influence within the mainly rural population in Papua New Guinea. Many live in areas too remote to access the formal judicial system in the capital, Port Moresby, and main urban centres.

Equipped with 1,414 courts and 14,000 officials, the village court system, managed by provincial governments, administers justice in 90 percent of all villages and hears up to 600,000 cases per year.

Restorative justice is mainly used in the village context where mediation between parties aims to preserve social harmony. Traditionally, village court magistrates who do not have legal training employ local customary practices to deliver restorative justice.

But serious government concerns about widespread violence against women and children have prompted action to overhaul the training and capacity of village court officials and community leaders.

According to Margaret Inamuka, who presides as magistrate of the Kabiufa Village Court in the Eastern Highlands, "Most cases involve adultery, violence against women and eviction of women and children from their homes."

She hears three to five cases of violence against women per month. Children’s cases frequently involve stealing, physical abuse and neglect.

Women and children’s rights are especially critical in instances of violence, neglect, the customary tradition of marrying girls as young as 14 years old, sexual exploitation, discrimination against adopted and homeless children and those with HIV/AIDS, allegations of sorcery and the repayment of bride price in divorce cases.

Papua New Guinea ratified the Convention on the Rights of the Child in 1993, the Convention on the Elimination of Discrimination against Women in 1995 and introduced the Lukautim Pikinini (Child Protection) Act in 2009. The nation’s constitution also contains the provision that customary practices may not be applied if they result in injustice.

But the remoteness of many communities and poor rural infrastructure has hindered effective implementation of these national and international agreements.

The Women and Children’s Access to Community Justice (Child Protection) Program, initiated by the Village Court Secretariat, began a pilot phase in 2007 with funding and technical expertise provided by the United Nations Children’s Fund (UNICEF).

Its vision is to strengthen community protection of the most vulnerable members of society.

The pilot program was conducted in the Eastern Highlands, Simbu, Milne Bay, East Sepik and Western Highlands provinces. Training tailored to community and women leaders, village court officials and youth representatives addressed human rights, the right to non-discrimination, the unacceptability of violence against women, juvenile justice, the importance of building a protective environment for children and facts about HIV/AIDS.

Jeffrey Nape eludes arrest warrant - so far

BY EOIN BLACKWELL
AAP PAPUA NEW GUINEA CORRESPONDENT

PAPUA NEW GUINEA'S GOVERNMENT corruption watchdog has drawn up an arrest warrant for the Speaker of Parliament, Jeffrey Nape, amid allegations over missing development funds.

Taskforce Sweep chairman, Sam Koim, says Mr Nape has yet to be served with the arrest warrant as investigations continue into his alleged misappropriation of K5 million in funds.

Mr Koim told AAP the arrest warrant was prepared in January after investigators had trouble getting access to documentation that they say is relevant to the case.

But, he says, the team has yet to decide whether to use it.

"Let me put it this way, the arrest warrant was obtained on the advice that we will search him as well as arrest him on the spot if the documents are found with him. We have not approached him yet. The case is still ongoing."

Mr Nape has earned a place in history as PNG's most powerful Speaker. Having served as Speaker for the government of Sir Michael Somare, on 2 August he allowed a crucial vote of no confidence in the Somare government.

The vote allowed Peter O'Neill to form a new government with a majority of MPs.

The Supreme Court later ruled the process used to elevate the O'Neill government was unconstitutional, which in turn sparked a series of crises which culminated in a failed mutiny in January by Somare supporters.

Mr Nape could not be contacted for comment by AAP, however he is reported as saying the missing funds were never released to him and that he is ready to face the taskforce at any time.

Soldiers deployed to highlands resource projects

RADIO NEW ZEALAND INTERNATIONAL

HUNDREDS OF PAPUA NEW GUINEA Defence Force soldiers have been deployed to the highlands region where security problems are threatening two major resource projects.

A month ago, the O’Neill government issued a callout order for security forces in Hela Province and Porgera in neighbouring Enga Province.

Landowner disputes have disrupted key construction work in Hela’s Hides development area for the major liquefied natural gas project, while Porgera’s large gold mine has ongoing problems with illegal miners.

Mark Ekepa of the Porgera Landowners Association says the defence force operation has begun.

“They’re sending up all these defence force plus police personnel up to Porgera and Hides,” Mr Ekepa said.

“They came up [late last] month. There were three Fokker 100 flights up to Hagen and it looks like some will go to the LNG site and some will go to Porgera.”

Australian aid is training PNG 'private armies'

RADIO AUSTRALIA

Recently PNG Attitude featured a couple of fascinating reports by Prof Andrew Lattas who has been working in West New Britain. Geraldine Coutts of Radio Australia interviewed Prof Lattas to further explore one of his themes – that the training and arming of the Police mobile squad by Australian aid "has produced a large dedicated private army" used by Malaysian logging interests…

COUTTS: Dr Andrew Lattas has done extensive field in PNG says these links with Malaysian logging companies are undermining the legitimacy of the state and will lead to a general collapse in state structures.

LATTAS: A lot of the money's going into the training of people and the provision of uniforms and equipment and motor vehicles, but there's actually no money or not special money going into the management of the police force. Now that's happening now is Malaysian logging companies have better contacts and direct links especially into the riot squad and can actually call the police in, and they actually pay for the police to come into the local village areas. They transport them, they house them, they feed them, they also give them an allowance per week as well, and given that the salaries are so low in Papua New Guinea, this then obligates the police and creates a debt relationship between the police officers and the Malaysian companies, and that then means basically that the police officers basically become private enforcers for logging companies against the villagers who are trying to block the developments.

COUTTS: Is there double-dipping? Are they doing police work and then in their spare time doing security for the logging companies?

LATTAS: It's actually formally recognised by the Papua New Guinea government and also by the police officers or the superintendents as a legitimate thing to receive an allowance for being in rural areas. But it's more than just an allowance, it's actually more than the pay they're actually receiving as well. So it's about creating the sort of cultures of debt, because a lot of the Malaysian companies operate on the basis of gifts, both for politicians, to district administrators, to the police force and this sort of fits into the Melanesian culture of becoming indebted and giving gifts as well. So there's a sort of merging of different ways of giving, both the Asian way of doing business through gifts, but also this customary gift culture that's in Papua New Guinea as well. And people actually also need money in town, especially where these police officers live. It's very expensive to live in town and they actually also rely on this extra income to be able to pay for things like school fees, accommodation and food.

UN: PNG's ‘slippery path’ to undermining rule of law

UN NEWS CENTRE

A TOP UNITED NATIONS OFFICIAL has voiced concern about recent steps taken by the Papua New Guinea government that could undermine the rule of law, breach international human rights standards, impinge on the independence of the judiciary, and could lead to serious instability.

“Papua New Guinea is on a slippery path to upending the constitutional order and undermining the rule of law,” High Commissioner for Human Rights, Navi Pillay, warned.

“All national actors and their international partners must work together to prevent the country from sliding into serious instability by ensuring that the rule of law, the Constitution and international human rights standards are upheld in resolving the issues facing the country,” she said.

Since the August 2011 change of government and the subsequent dispute over who is the legitimate prime minister, the executive and parliament have taken steps which seriously affect the ability of the judiciary to operate independently, according to a news release issued by the High Commissioner’s office.

The enactment of a new Judicial Conduct Act last month is of particular concern, Ms. Pillay said, as it establishes a new parallel system to deal with misconduct of judges, contrary to constitutional provisions on the issue.

“It appears that the Judicial Conduct Act is being used to interfere in particular with the legal proceedings to determine the legality of the current administration,” she stated, citing a Supreme Court decision on 12 December 2011 in which it ruled that the government of Peter O’Neill was unconstitutional.

“The judiciary must be allowed to operate free from external pressures, threats or executive or legislative interference – international law is clear on this matter,” Ms. Pillay said.

She also called on the government to ensure that constitutional provisions on the timing of the national elections are upheld, after the government indicated that it may now seek to delay the polls beyond the five-year term fixed by the constitution.

Also of concern are reports that several journalists have been attacked, allegedly for their role in reporting on the current political situation in the country.

“It is the government’s responsibility and obligation under international human rights law to ensure that freedom of expression is respected, and that when journalists are attacked for doing their jobs, prompt investigations are conducted and perpetrators are duly prosecuted,” Ms. Pillay said.

Police condemned for bashing NBC journalist

THE PACIFIC FREEDOM FORUM has condemned the brutal attack by uniformed Police officers on journalist Mark Kayok in Port Moresby on Saturday night.

Kayok, a police rounds reporter with the National Broadcasting Corporation, reportedly sustained a broken nose amongst other injuries and is currently recovering at home.

Kayok had been on assignment on Saturday before meeting up with a friend who was wearing his police uniform. Returning home, they were tailed by a police mobile unit who stopped them at a service station in 5-Mile and began assaulting the police officer.

When Kayok tried to stop the attack, the assailants asked him who he was. He identified himself as an NBC journalist and was also beaten up by the group, who told him media were not reporting positively on them.

“We strongly condemn these crimes and call on those in authority to let the rule of law prevail, and investigate and prosecute those behind this shocking and despicable act,” said PFF co-chair Monica Miller.

“Not only did this attack involve a fellow law enforcer, but the citizen who tried to come to his aid also became a victim after it was found he was a journalist.”

The assaults come in the wake of ongoing tensions within police ranks in Port Moresby, after reports of fighting between factions of Highlands and Moresby-based police in the last week.

Child prostitution and drug dealing in Moresby

AUSTRALIA NETWORK NEWS

A GOVERNMENT REPORT in Papua New Guinea has raised concerns about child labour in Port Moresby.

The International Labour Organisation, which undertook the report for the government, says it interviewed more than 400 children working in the sex industry, selling drugs and stealing for a living.

National Program Coordinator Marie Jane Fatiaki told Radio Australia that family poverty was involved in many of the cases.

"The majority of children have parents that knew about the work they did on the streets," she said.

"And even with some children who were in commercial sexual exploitation, this was with the knowledge of the parents, as well as their involvement in getting clients for these children."

The report is based on interviews with 175 child sex workers, mainly girls, and over 200 children working on the streets.

Nearly 70% of the children were found to be involved in hazardous work, including chopping firewood for sale, moving furniture, loading and unloading boxes from containers, controlling traffic and scrap metal scavenging.  They also worked very long hours and were subjected to physical and verbal abuse.

Children were also engaged in illicit activities including begging, stealing and selling drugs.

"Poverty is one of the main reasons why these children are working," Ms Fatiaki said.

"There are other reasons, such as family breakdown, parental neglect, abuse, peer pressure...but poverty, as well as a lack of opportunity for parents, and children who have dropped out of school, has been the main reason.

PNG Labour Minister, Martin Aini, says the country's labour laws are being reformed to try and prevent child labour.

"Judging by the incredible facts, statistics, figures and discoveries in this report, it is crucial for us to plan a way forward to address this situation through practical approaches, policies and interventions," he said.

PNG’s experiences with a time warp

BY OALA MOI

THE POLITICAL GODS have allowed the political situation in Papua New Guinea to be distorted by a time warp.

Papua New Guineans have been affected by default because the political history of this nation is made up of biographies of statesmen past and present. And Papua New Guinea’s founding father Sir Michael Somare is one unlucky statesman. He has found himself at the receiving end of more than one time warp in his political career.

In 1980, as Leader of the Opposition, he brought a constitutional reference before the Supreme Court in a bid to declare unconstitutional a decision by parliament to commit troops to Vanuatu under the Defence Force (Presence Abroad) Act 1980.

But Sir Michael had to prove his standing with the National Court first before bringing such a constitutional reference. Section 19 of the Constitution does not permit the Leader of the Opposition to bring such a reference.

In 1982 the Supreme Court handed down its decision and refused to grant Sir Michael’s wish. All things considered, the real significance of this decision lies in its timing. The decision was handed down long after the PNGDF contingent’s return from a successful mission to Vanuatu where it quelled a civil uprising. This may explain the urgency behind Parliament’s need to move quickly on Vanuatu’s request for assistance.

Fast forward 30 years and Sir Michael is going down a road he is only too familiar with. Again he faces a familiar opponent; Parliament. Only this time Sir Michael is not the Leader of the Opposition. He is an ordinary citizen fighting for his political life more than ever.

Parliament has not only stripped Sir Michael of his mandate as an elected representative for the people of the East Sepik provincial electorate; it extinguished hopes for a future dig at the prime ministership after passing and invoking an amended Prime Minister and N.E.C. Act which capped the age of eligibility at 72.

By the time the next parliament meets and if Sir Michael is returned and asked to form the next government, he won’t be a candidate for prime minister because he will be a little older than 72.

Three months in a hospital bed can be a lifetime in politics, and Sir Michael is fighting a legal battle at the Supreme Court to reverse the status quo. He did not need to prove his standing as before. Rather, the East Sepik Provincial Executive Council, of which Sir Michael is a member, has done the honours by filing a special reference. It aims to determine the constitutionality of Parliament’s election of Peter O’Neill as Prime Minister.

Sir Michael’s political future, at least in the remainder of the current Parliament, hangs on this constitutional reference. So do the events that have unfolded and which include passage by Parliament of the Judicial Conduct Act 2012.

Parliament’s recent decisions may also be seen as political masterstrokes in the lead up to the 2012 National Election. By electing a Prime Minister during a time when the Constitution bars a vote of no confidence, Parliament may have even created a parliamentary convention in the absence of clear constitutional provisions. Even using the constitutional power permitted by Section 157 to formulate and pass the Judicial Conduct Act is just a touch of legal brilliance.

But the growing concern remains with the judicial conduct law. It is widely perceived as a law that has given Parliament discretion to refer judges to a tribunal and stay the cases that they decided retrospective to 1 November 2011. There is real potential that we might have an Act that impinges on the doctrine of res judicata provided for by the Constitution.

Unlike the Parliament of 1980, the present Parliament has been accused by opponents of mischief; using its lawmaking powers and legislating at a time when public opinion is polarized over the legitimacy of the O’Neill-Namah Government. Perhaps this is why the waters of intellectual discourse continue to become murkier by the minute.

However, it goes without saying that the Judicial Conduct Act legislates on an important policy issue, which is that of judicial conduct. At the global level, the issue has developed over the past decade culminating in what is known as the Bangalore Principles of Judicial Conduct.

Chief Justices from both common law and civil law jurisdictions had met and put together a set of values based on the codes of a handful of countries. So as a valid policy issue, judicial conduct is not unique to Papua New Guinea. Perhaps the only difference lies in the fact that, while other jurisdictions may have adopted codes that are not legally enforceable, ours is now law.

But we now know that Prime Minister Peter O’Neill has deferred the Act’s implementation so that the Constitutional and Law Reform Commission (CLRC) can research the competing key policy reasons behind the law.

As the CLRC braces itself for consultations, citizens should be reminded that they have a powerful role to play. Weren’t citizens the ones that entered into a social contract on 16 September 1975? Weren’t we the ones that gave up our executive, judicial, and legislative powers so that we could be governed by the Independent State of Papua New Guinea?

And so out of the current imbroglio we should be asking: where is the wisdom in using our law making and judicial powers to make and implement decisions that are not time sensitive?

We will remain hopeful, because in our hope for the future lies our strength. It is the same hope I see every time I look into my children’s eyes.

But as imperfect human beings, we are bound to treat the goings on with added scepticism. Let us pray that, unlike the 1980 reference, the ESPEC reference will not be overtaken by a pressing issue; the 2012 National Election for instance.

Let us pray that whoever gave us time warps will now take them back so that judicial and legislative decisions can now be made and implemented in real time.

Oala Moi is an aspiring Papua New Guinean writer

Women ensure that peace returns to Kup

OXFAM NEW ZEALAND / KUP WOMEN FOR PEACE

THE WOMEN STARTED THEIR WORK in the 1990s. Having watched decades of local, tribal conflict destroy homes, lives and livelihoods, women from three rival tribal groups put aside their fears and walked out onto the battlefields to call for peace.

“We had already lost so much, lost our loved ones. We had to do something. Someone had to start somewhere,” said Agnes Sil, one of the groups founding members.

The restoration of peace in Kup also saw the return of some basic services to the region and enabled people to start rebuilding their lives.

But just over two years ago, that hard-won peace was ruptured and the region faced dark days as conflict escalated.

Hundreds of people fled their homes and gardens. People were once again left without access to basic services, schools and health.

But KWP, having seen that change is possible, maintained their determination to see peace restored. The group worked to raise awareness within the community and facilitated meetings with key leaders from the warring tribes.

For the communities involved, the signing of the treaty marks a pledge to embrace peaceful development and end the conflict and bloodshed that has been part of their lives for too long.

The treaty was witnessed by key government representatives, churches and community of Kup. People who have been displaced by the conflicts will gradually move back into Kup to gather back their lives.

Dennis Uba, Oxfam’s Country Director in Papua New Guinea, said: “People who were displaced by the violence are gradually moving back to Kup to rebuild their lives. This peace agreement has given people much to hope for.

“News of this achievement has already prompted other tribal groups nearby to talk of a broader peace pact in Simbu Province.”

An immediate concern for many people in Kup is the upcoming national parliamentary elections in June this year.

KWP are working hard to ensure peace endures during this highly-charged time. They have organised and facilitated several community meetings, linking in representatives from government, church, law and justice.

There is community consensus from both tribes of the warring clans that peace must be maintained.

Bill bad for judicial powers but may please landowners

BY OALA MOI

RAI COAST LANDOWNERS in Madang Province may be silently grinning amidst the frenzy created by parliament’s passage of the Judicial Conduct Bill.

This Bill, and the judge who ruled against them in a previous Supreme Court appeal, may be the keys to them re-opening a case which was, until December 2011, as good as dead and buried.

The judge is Derek Hartshorn, a member of the Papua New Guinea judiciary. Justice Hartshorn had earlier presided over landowner court action to stop dumping of mine waste in Basamuk Bay in Madang and was a member of the Supreme Court in related appeals.

A decision by Justice Hartshorn in December 2011 had rejected the appeal against mine waste dumping at Basamuk Bay in the Madang Province and accepted a cross-appeal from the mining companies in the Ramu Nickel Project that their dumping would not cause a public or private nuisance. This court case is covered by the new Bill, which has retrospective effect to 1 November 2011.

At the time, lawyers acting for the landowners had unsuccessfully taken issue with Justice Hartshorn arguing that prior to his becoming a judge his previous job had been as managing partner of law firm Blake Dawson Waldron.

It was also argued that this law firm had acted for Highlands Pacific Limited, which is a partner in the Ramu Nickel Project.

Section 5(1)(d) of the Judicial Conduct Bill 2012 could bring Justice Hartshorn within grounds of disqualification. This section reads:

A judge shall disqualify himself in a proceeding or shall not influence a proceeding in which the Judge’s impartiality might reasonably be questioned, including but not limited to instances where ... the judge has previously acted in the case in question as a Lawyer for a party, or participated in some other capacity...

If a judge refused to disqualify himself, Section 5(2) says that:

If it appears to Parliament that a Judge has failed to disqualify himself pursuant to Subsection (1) or has influenced a proceeding contrary to Subsection (1), Parliament by way of a motion may refer the Judge concerned to the Head of State to appoint a Tribunal to investigate the breach of Subsection (1) and provide a report to Parliament or may refer the matter to another authority for an appropriate course of action

The Head of State upon the advice of the Speaker would then appoint the Tribunal pursuant to Section 5(3).

When Parliament has referred the Judge concerned to a Tribunal for investigation subject to Sections 5(2) and 5(3), the next question is: What would be the likely outcome for His Honour and the case in question? Section 5(8) deals with this. It says:

Where Parliament has made a referral of a Judge to the Head of State pursuant to subsection (3) any Order or Judgment in that proceeding made by that Judge shall be stayed pending the provision of the report from the Tribunal to Parliament

If this is a correct reading and application of the Judicial Conduct Bill 2012, Tiffany Twivey, as lawyer for landowners from the Rai Coast area of Madang Province, would be pleased in a sense that it opens a legal window of opportunity for the landowners she represents. What a travesty of justice!

Oala Moi is from Boera village in the West Hiri area of Central Province. He is a landowner plaintiff in a judicial review case reviewing a 2009 decision by the Secretary for Lands and Physical Planning in declaring over 1,200 hectares of traditional sea and seabed area not to be customary land.

Apparently this declaration led to its portioning into Portions 2457C and 2458C, and which have been used to construct the PNG LNG causeway and jetty. Portions 2457C and 2458C are situated next to Portion 2456C where the gas plant is being built. Portion 2456C was portioned out of the former Portion 152 located in the West Hiri area of the Central Province. The balance of former Portion 152 became Portion 2459C. Portions 2456C, 2457C, and 2458C were granted as state leases to Esso Highlands Ltd in 2009.

Laws to rein in the judges ‘dangerous and abusive’

AS STUDENTS FROM the University of Papua New Guinea prepare to occupy their university in protest at recent legislation designed to “tame” the judiciary, they issued a statement last night analysing the anti-democratic nature of the new laws.

We thank The Namorong Report for this transcript.

A Review of the Judicial Conduct Bill 2012

Compiled by the Bill Committee in front of the UPNG Student Body on this night – 9:10 pm 22.03.12 [edited version]

We, the students of the University of Papua New Guinea have met today in light of the actions of our National Parliament in regard to the passing of the Judicial Conduct Bill, which virtually gives Parliament the power to suspend Honourable Justices of the National and Supreme Courts.

While we honour the pledge we made to support the O’Neill/Namah Government back in the Prime Minister’s September 2011 visit to the Waigani Campus, we in the strongest of terms denounce the passing of the Judicial Conduct Bill 2012.

As educated Papua New Guineans we have discussed the Bill and its implications at length in forums sanctioned by the UPNG SRC 9students representative council]. We have had our law students, politics students, public policy students and students from all schools of thought read into the Bill and offer their learned views on what this law will effectively mean for the future of Governance in Papua New Guinea.

And we have, in One Voice concluded that the Judicial Conduct Bill is dangerous and abusive of established constitutional and legislative processes and offices already in operation and force.

In this brief paper we will discuss the Bill’s substantive provisions and our concerns regarding to each.

The Bill claims in its preamble as “Being an Act to implement Section 157 of the Constitution, to safeguard, protect or promote the integrity of our legal system based on the principle that an independent, fair, and competent judiciary…”

This statement, while it sounds noble, is very problematic. Here we have an Act of Parliament that is seeking to regulate the Judiciary. As we will discuss later, it is an Act that allows one arm of Government to interfere directly into the affairs of another arm of Government, and one that is traditionally kept outside of the whims of Parliamentary politics.

Court allows review of LNG compulsory acquisition

BY PETER DONIGI

A NATIONAL COURT DECISION made in October 2009 to grant leave for judicial review has been cancelled by the Supreme Court and replaced with a new order which will enable the review of a decision to compulsory acquire a traditional sea and seabed area in the West Hiri area of the Central Province.

The new order keeps the decision to grant leave but restricts the grounds of judicial review and the relief sought so they fall within the National Court’s jurisdiction. A three-judge Supreme Court bench announced its decision earlier this month in a 22-page judgment.

The four respondents in the appeal are citizen companies and individuals from Boera village in the West Hiri area of the Central Province. They had successfully sought leave to review a declaration made pursuant to Section 5 of the Land Act; a decision largely responsible for alienating over 1,200 hectares of traditional sea and seabed area.

In response the two appellants, Pepi Kimas (as Delegate of the Minister for Lands) and the State, took out a stay order in April 2010 and appealed to the Supreme Court.

In that appeal, they raised 19 grounds arguing that the National Court judge had erred in granting leave to Boera Development Corporation Ltd, Apau Besena Company Ltd, Igo Namona, and Oala Moi.

However, the Supreme Court accepted only six of the appellants’ 19 grounds of appeal and included these in its court order.

The four respondents, who are also the plaintiffs in the judicial review case, will now proceed with their judicial review proceeding at the National Court.

Their argument is grounded on their lease-leaseback application which was submitted to the Department of Lands and Physical Planning one day after the making of the Section 5 declaration.

The lease-leaseback application was made to register over 27,000 hectares of the traditional sea and seabed area situated between Boera and neighbouring Papa village. The area covered by the lease-leaseback application also encloses 1,200-plus hectares of sea and seabed.

It is the 1,200-plus hectares of sea and seabed area that was declared by the Minister’s delegate not to be customary land. Apparently this declaration led to its portioning into Portions 2457C and 2458C, and which have been used to construct the PNG LNG causeway and jetty.

Portions 2457C and 2458C are situated next to Portion 2456C where the gas plant is being built. Portion 2456C was portioned out of the former Portion 152. The balance of former Portion 152 became Portion 2459C. Portions 2456C, 2457C, and 2458C were granted as state leases to Esso Highlands Ltd in 2009.

Meanwhile, the plaintiff group for the judicial review case is expected to grow as a result of the Supreme Court decision. There are villagers from Boera, Rearea, and Porebada that had made separate attempts in the past to join.

Their attempts were not entertained at the time because of the stay order and Supreme Court appeal which has now been decided in favour of Boera Development Corporation Ltd, Apau Besena Company Ltd, Igo Namona, and Oala Moi.

Peter Donigi is a former diplomat who works as a legal consultant with Warner Shand Lawyers in Port Moresby. Warner Shand Lawyers are the lawyers acting for Boera Development Corporation Ltd, Apau Besena Company Ltd, Igo Namona, and Oala Moi

Woman warrior exposes growing role of sorcery

AUSTRALIA NETWORK NEWS

THE UNITED NATIONS HUMAN RIGHTS office is marked International Women's Day on Friday by celebrating women human rights defenders.

Among them is Monica Paulus, who is battling sorcery-related killings in Papua New Guinea.

In PNG's highlands, any unexplained death is often attributed to sorcery and the end result is someone is killed.

Ms Paulus told Radio Australia that, despite the efforts of authorities like the UN, sorcery remains a serious problem.

"They're not having any impact at all. And it's even getting worse," she said.

"The number of people being accused and killed of sorcery is increasing every day.

"And they're being tortured to an awful stage. The women and even the men are being tortured."

Court decision on PNG leadership put on hold

BY SEAN DORNEY
ABC NEWS

PAPUA NEW GUINEA HAS TO WAIT another week to find out who is the country's legitimate prime minister after the supreme court adjourned a hearing into the case.

Peter O'Neill and Sir Michael Somare are both claiming to be the rightful prime minister, and Monday's directions hearing was supposed to set a timeline for the court to decide which claim is legitimate.

But the hearing was adjourned after 19 applications were filed by parties from both sides wanting to join the proceedings.

The courtroom was so packed with lawyers they had to move more tables into place so they would all fit.

The two police officers claiming to be PNG's police commissioner are among those who have applied to join the proceedings.

Sir Michael's lawyer asked for more time so he could prepare to agree or object to those applying.

Supreme court judge Bernard Sakora acknowledged that time, cost and delay were well recognised legal tactics.

The court has given all parties until Thursday to serve copies of their applications.

The thinning blue line of the Royal Constabulary

BY KEITH JACKSON

 

LET ME START, NOT WITH THE POLICE, but with Scott Waide – who records Papua New Guinea with his camera as so many emerging writers are now doing with their keyboards.

Just as every country needs its writers (hence the bold efforts of the Crocodile Prize in this regard), it needs its film-makers. And Scott is doing his level best to fulfill this mission.

If there’s one internet video you watch this month, let it be Scott’s tribute to a diminished force of Madang police (and their forbearing spouses) holding a thinning blue line of law and order in the province.

The Royal Papua New Guinea Constabulary - so decorously and honourably named - is reaching shadow proportions, as Scott Waide so beautifully depicts.

Thirteen minutes of well conceived, carefully scripted and lovingly filmed documentary tells a story of present day PNG and, if I may be political for just one moment, of the careless neglect visited upon this country by the previous Somare government.

The statistics tell the story.  In a region of increasing resources and commercial activity, to which internal immigrants are flocking, the Madang police force has been progressively reduced from 200 to 96 officers of whom, at any one time, only about 50 are fully fit for operational duty.

We should be under no illusion that this story is not repeated throughout the length and breadth of PNG.

Scott writes: “A fast growing mining town, a steady influx of people and an increasing crime rate is putting a significant strain on police resources in the seaside town of Madang.

“The Provincial Police Commander, Tony Wagambie, points out that not only are his men and women struggling with limited resources, the workload and poor housing is putting an enormous strain on their families.” 

Rabaul Queen inquiry to investigate criminal acts

BY SEAN DORNEY
ABC NEWS

THE INQUIRY INTO THIS MONTH'S ferry sinking in Papua New Guinea is set to investigate whether any criminal act contributed to the disaster.

The terms of reference have now been released for the inquiry which will be headed by Australian Judge Warwick Andrew.

Justice Andrew has been asked to report into the causes of the disaster which occurred about 5:00am on 2 February when the Rabaul Queen with some 350 people on board capsized and sank nine nautical miles off the PNG coast, near Finchhafen.

Among the seven terms of reference are that Justice Andrew report on any evidence indicating whether any criminal act contributed to the disaster, and whether there is evidence of any civil responsibility.

He has also been asked to determine why so many died.

Hearings will be held in Port Moresby and four of the ports along the ferry's route.

Court maps a way forward for PNG dilemma

BY LIAM FOX
AUSTRALIAN BROADCASTING CORPORATION

THE SUPREME COURT TODAY SET OUT A WAY to deal with the quagmire of cases stemming from the country's continuing political conflict.

There are a dozen cases clogging the courts stemming from the conflict between Peter O'Neill and Sir Michael Somare over the Papua New Guinea prime ministership.

Acting chief justice Gibbs Salika says the primary issue is determining who is the legitimate leader.

He said the best way to do it is to deal with two Supreme Court references filed by the O'Neill camp.

They ask for the court's opinions on constitutional questions such as whether the court can interfere with parliament's appointment of a prime minister.

Justice Salika said all other cases have been stayed pending the outcome of the references.

PNG's constitution: far reaching consequences

BY OBSERVER *

THE CONSTITUTIONAL CRISIS that Papua New Guinea is facing has far deeper implications that it appears.

Even if the impasse is settled politically, either in favour of Sir Michael Somare or Peter O’Neill, the outcome will have far-reaching constitutional consequences that will affect future issues of similar nature and questions of good governance according to law.

Both camps are claiming to be “abiding by the rule of law”.  That is a big statement and it is confusing the people. Most people do not seem to care, all they want is normalcy while many more are simply emotional and they want a government that delivers what they want.

These emotions and sentiments aside, the question of which side is right is a constitutional issue which can be authoritatively answered by the Supreme Court.

Parliament is the ultimate authority but it is also bound by the Constitution and it has to carry out its business according to the meaning and spirit of the Constitution.

It does not necessarily mean a majority decision of the parliament carries. It could be wrong.

The Supreme Court is the custodian and interpreter of the Constitution.

Regardless of how hard both sides try to convince the people and what legal advice they may be getting, there will still be confusing questions in the minds of many educated people.

In my view, which some may share, the following issues need to settled for the sake of good governance of this country under the rule of law which we all so deeply desire.

Foremost, of course, is Sir Michael the rightful legal prime minister or O’Neill?

Whoever, how and why?

Did parliament rightly rescind its previous resolution granting leave of absence to Sir Michael?

The question of his absence was one of the very issues before the Supreme Court.

For the dignity and integrity of the parliament and government, how far can parliament go back to rescind a resolution it had made in a previous meeting, assuming that it was properly constituted and followed proper procedures?

If the answer is yes, what would stop it from going back even a year or another session to rescind a decision properly made then?

Can the 12 December parliamentary meeting be considered legal when there was technically no prime minister at the time?

Can the 9 December amendment  by parliament which was effected retrospectively be legal in view of the court’s Dec 12 decision?

The Supreme Court only handed down its ruling that day, declaring that Sir Michael was illegally removed on 2 August.

What constitutes a parliament – just a group of members of when there is a government and an opposition?

For the sake of natural justice under the Constitution and good government according to law, was it right for parliament to make a law (the amendment law to the Prime Minister and NEC Act) just to disqualify a particular individual?

Can parliament make an ordinary law to overrule or by-pass a Supreme Court restatement of a Constitutional law position?

Were the questions of separation of powers and functions of the judiciary and the legislature abused?

There may be many other questions and issues that need proper consideration and deliberation.

Questions raised about Ramu mine decision judge

ON 22 DECEMBER, the Supreme Court in Papua New Guinea dismissed an appeal by local people living along the Rai coast in Madang against the dumping of 100 million tons of toxic waste from the Ramu nickel mine into their seas.

Questions have already been raised about one of the two judges who ruled in favour of the mine and dismissed the appeal.  Now questions have been raised about the independence of the second judge.

Justice Hartshorn was previously the managing partner at the law firm Blake Dawson, the firm which for many years has represented Highlands Pacific - the original developer of the Ramu nickel mine and still a junior partner in the enterprise. Blake Dawson was involved in the original waste dumping litigation.

Hartshorn, originally from the UK and who studied law in New Zealand, was made a judge in PNG in 2006. This means he was a senior figure in Blake Dawson at the time Highlands Pacific was the sole owner of the Ramu mine and obtained its mining lease and the environmental permit which was the subject of the current litigation.

Hartshorn has now made four decisions in the Supreme Court favoring MCC and Highlands Pacific.

In 2010, when Highlands Pacific and MCC appealed against an interim injunction granted in the National Court stopping any waste dumping from the Ramu mine, Hartshorn was the single dissenting judge when the Supreme Court rejected the appeal.

In August 2011, when the appellants applied to the Supreme Court for an interim injunction to stop the dumping of toxic waste from the Ramu nickel mine into their seas until their full appeal was determined, Hartshorn ruled in favour of MCC and dismissed the application.

In September 2011, Hartshorn rejected a fresh application for an interim injunction.

December 2011, Hartshorn rejected the appeal against the waste dumping and accepted a cross-appeal from the mining companies that their dumping would not cause a public or private nuisance.

Source: Papua New Guinea Mine Watch

'Court decision means O’Neill government is illegal'

PNG Attitude contributor SEAN KRAMER rejects views, expressed by Peter Donigi and me, that the Supreme Court and Michael Somare got it wrong in Papua New Guinea’s recent constitutional crisis

THE REASON SIR MICHAEL AND COMPANY did not "have the guts" to go to parliament was the fundamental issue of legitimacy which was determined by the Supreme Court.

If the Supreme Court basically nullified the election of Peter O’Neill as prime minister and reinstated the Grand Chief then (by law) Sir Michael and compny should have been allowed to occupy the government benches.

Were they allowed to do so? No. Therefore, on principle, if they were restored as the legitimate government, why would they turn up to parliament and occupy the opposition benches?

We could go into a Donigiesque narrative about the separation of powers and the courts acting ultra vires, but the simple fact remains- both the Somare and O’Neill camps submitted to the jurisdiction of the court.

They did this knowing full well that the issues of the vacancy in the PM's office and subsequent actions by the Speaker could potentially nullify their election as a legitimate government and/or potentially fully restore the Somare camp (as was the case).

In terms of respecting the rule of law, which side has done that?

Parliamentary supremacy is one thing, but not everything. As Keith Jackson quite eloquently put it, PM's owe their positions to the will of parliament, yes, but then parliament owes its position to the constitution, does it not?

The Supreme Court has spoken and the purported government is running scared.  It knows it is an illegal regime. In time the rule of law will prevail.

Corruption task force gets additional funding

THE O’NEILL GOVERNMENT has allocated an additional $1.4 million dollars to Task Force Sweep which is investigating allegedly corrupt public spending.

The team was set up soon after the O’Neill government took power in August and given initial funding of $2.8 million.

The task force has targetted members of the former Somare administration, senior government officials and prominent business people.

Chairman Sam Koim says the task force is about to look into the Taiwan diplomatic scandal which has recently been the subject of legal action in the US by the Taiwanese government.

Source: Radio New Zealand International

Sorcerers' lunatic accusations not acceptable

MEMBERS OF PARLIAMENT are being called on to repeal the Sorcery Act 1971 and produce tougher legislation aimed at curbing killings attributed to sorcery.

The Constitutional and Law Reform Commission last week made public a draft report on sorcery and sorcery related killings, including a recommendation for new laws.

The Commission reported that 75 people accused of practising sorcery were tortured and killed between 2000 and 2006.

The director of the church research body, The Melanesian Institute, Reverend Jack Urame, said the Commission recognises a need for stronger legislation to prevent unnecessary accusations and killings.

“Beside that, addressing the issue from the legal perspective there is also a need to make people aware,” he said.

“This is definitely lack of knowledge that people try to address issues at their own level, trying to use sorcery and witchcraft as an excuse.”

Source: Radio New Zealand International

Australia is 'Caymans' for PNG corruption

IN AN ARTICLE FOR THE PNG EXPOSED blog, Jeffrey Elapa reports that PNG’s corruption-busting Task Force Sweep has uncovered “systematic syndicates that collude to corrupt while huge sum of public monies have been misappropriated by persons in power for personal gain”.

So stated TFS chairman Simon Koim in a two-page paid newspaper advertorial last Friday, adding saying that the proceeds of crime were converted into private investments within Papua New Guinea and abroad.

Mr Koim claimed that countries like Australia were becoming ‘another Cayman Islands’ where perpetrators were readily allowed to invest the proceeds of their crime.

He said individuals and groups registered as front companies applied for, obtained and misappropriated public funds.

Task Force Sweep needed more time and the continued support of the government to complete cases, recoup the proceeds of crime and bring the perpetrators to justice, Mr Koim said.

So far, two members of parliament, one former MP and businessman, five senior public servants, one ministerial staffer and one consultant had been charged with offences relating to their alleged involvement in the misappropriations of public funds.

Mr Koim said the number of people arrested by the task force was 14 – 12 in relation to alleged deals associated with the National Planning and Monitoring Department and two with the Health Department.

He said all processes had been completed and were now with police prosecutors.

He also said other public servants had been suspended with pay: 13 from National Planning, nine from health and two from Air Niugini in relation to the flight by Paul Tiensten to Australia.

Mr Koim said a number of people in leadership positions had also been referred to the Ombudsman Commission for further investigations.

He added that the police financial intelligence unit and the public prosecutor’s office were also working to recover a number of properties which were identified as proceeds of crime and, once determined, would be forfeited to the state.

Police place security net around Port Moresby

POLICE HAVE STEPPED UP security in the National Capital District to maintain law and order during a critical week in Port Moresby.

Central police commander, Assistant Commissioner Fred Sheekiot, says the heightened security is needed in the run up to Friday’s Supreme Court ruing on whether the O’Neill government assumed power legally four months ago.

Parliament is meeting and police say all available resources have beeng deployed in a special security operation that includes random road blocks around the capital.

A mobile squad has been flown from Lae and Assistant Commissioner Sheekiot says police recruits and staff from the Bomana College and headquarters staff are also involved in the operation.

Chief justice suspended over police charges

BY LIAM FOX

THE PNG GOVERNMENT has taken the dramatic step of suspending Chief Justice Sir Salamo Injia after seeing police charges filed against his name.

Acting prime minister Belden Namah says overwhelming allegations have been made against Sir Salamo, forcing the government to act.

Mr Namah says a police report shows Sir Salamo is facing contempt charges connected to the execution of a late judge's estate.

Mr Namah also alleges the judge abused allowances, mismanaged court finances and was engaged in compromising conflicts of interest.

The suspension comes at a sensitive time, with the full bench of the Supreme Court considering a challenge to the government's legitimacy, due to be handed down next month.

Source: ABC News, 10 November

In Lae's grim aftermath: I the thug am human

BY MARTYN NAMORONG

“I am from Southern Highlands but I have been flying the flag of Morobe in the PNG Games and I am the defending champion in my weight division which is Powerlifting T-56 Class”: Tony Harabe*

SOMEWHERE OUT THERE in the grassland that surrounds the city of Lae, a mother weeps as the haunted face a child stares blankly at the tears rolling down from mum’s cheeks.

“Mama, wanem taim bai yumi go bek long haus,” the child asks mum.  Mum isn’t sure.  She knows deep in their heart that the little shack they used to live in must have been torched by angry youths.

It’s Monday 7 November 2011.  The violence that began on the 3 November sent mother and child scrambling into the grassland in fear for their lives.  All they had were the clothes they wore and K20 mum had made from selling peanuts at the roadside.

Mum wore a PNG flag print shirt and a laplap and carried her PNG bilum. She had paraded herself in full national colours during the Independence celebrations in September.

Now, hiding amongst the banana patches and kunai grass of the Markham valley, she wondered what all the fuss about independence was.  Her mum was from Wabag and her dad from Simbu, and she was born in Lae.

Lae to her was home.  Wabag and Simbu were simply name tags that only seemed to have any significance in times of trouble.

She felt as nambis as the average nambis man or woman, yet she was referred to as a highlander.  This was kind of weird because the people living in Simbu and Wabag would not even recognise her as one of their kind.

She was, as it were, wanpla blong ol lus lain.  The educated highlanders in the city even joined the chorus of the nambis lain and referred to her kind as thugs.

They were the thugs.  A people in limbo – a people without roots to ground them to a land and history because they had, over time, become lost in the distance between home and Lae.

Their plight was over-simplified by self-righteous do-gooders who argued that the thugs should go back and work their customary land.

What customary land would they go back to when they weren’t recognized at by the people back where their parents originally came from?

Tears flowed down her cheeks and her body shivered in the cold as she contemplated how lost and lonely her kind were.  They were the lost Melanesians that everyone else denied existed in Papua New Guinea.  How could everyone else be so blind to their plight?

She looked at her hungry child sitting silent like a stone.  They hadn’t eaten much for the past three days and foraged for food in the old gardens left unattended by their owners.

Mum picked up her child and they both huddled together under a clump of banana trees.  The tropical downpour beat the banana leaves mercilessly as lighting and thunder violently tore through the clouds.  Mosquitoes buzzed around feasting on their miserable bodies as drops of water drenched their tortured skin.

Her mind raced through various moments in the past.  She remembered growing up with her parents near the agricultural research station where her dad worked as a labourer.

There weren’t many other thugs like her in those days.  She would play with the local kids and they would have picnic near the Markham river.  She was still friends with many of the locals.

Last Thursday, everything changed.  Or did it?  In fact, she could not understand why everyone else couldn’t see that this was a fight between one group of settlers against another.

They were competing for resources.  The settlers were Morobean, but nonetheless they were settlers like her people the so called thugs.

“Who could write about her people’s plight,” she thought.  “Who could tell their story?  A story of hardship and a loss of identity,” she cried out.  But only heard the sky reply with flashes of lighting and thunder.

She lost her husband earlier this year and couldn’t bear the thought of losing her son in the turmoil.  Her husband used to be employed as a guard by one of the security firms.  One evening he left home and never came back.  The property he was protecting was broken into and he was killed.

The police had not found the murderers.  Everyone in the settlement knew what really happened.  Another security company that wanted the contract to that property had sent in some youth with weapons issued by that security firm.

Having done the damage, their competitor was forced out and they moved in.  This was an open secret that no one in the media or amongst the self-righteous working class Papua New Guineans knew.

Her people, the thugs, always got blamed for all the criminal activity in Lae.  But what did she and her people gain from crime but misery caused by police raids that burnt down their homes and now raids on them by other settlers.

The only people making hundreds of millions out of crime were the security companies.  They benefited the most, not her people – the thugs.

Her son had to leave school when his dad was murdered.  The kid was devastated.  He stopped going to Church, cursed God for his misery and found comfort in marijuana, homebrew and sex.

His mum had told him to find work but work was scarce for unskilled boys like him.  He used to hang out with the boys pick-pocketing and harassing women just to take out his frustration on a society that was indifferent to the plight of his people.

After some time he was introduced by a friend to one of the Chinese shop owners who gave store goods to the boys to sell on the streets. This was revolutionary.

Whereas the State and the self-righteous people did not trust his kind, here was a foreigner offering him an opportunity that involved trust.  The Chinese shop owners trusted the thugs because they were honest and hardworking.

However, this drew envious eyes from settlers from other parts of the host province.

On Thursday 3 November, the settlers from Morobe mobilised and chased the street vendors, blaming them for all the criminal activities in Lae.

He was hawking PNG-print shirts near SVS at Top Town when the rowdy crowd set upon him and his fellow street-vendors.  He prayed his mom would be safe somewhere as he ran for dear life.

TOK PISIN TO ENGLISH

mama, wanem taim tru bai yumi gobek long haus - mum, when are we going home

wanpla blong ol lus lain -  a lost people

nambis - coastal

nambis lain – coastal people

NOTES

* This is a quote from a Post Courier article about Tony Harabe, a champion athlete originally from the Southern Highlands, who has represented Morobe Province in the PNG Games. The P-C writes:

The 34-year-old from Magarima in the Southern Highlands, sells cigarettes outside the SVS Departmental store in Top Town, Lae to meet the everyday needs of his family and pay for his children’s school fees.
http://www.postcourier.com.pg/20110224/news06.htm

During the recent crisis that ensued, the violence was said to be against ‘thugs’, who just happened to be from the highlands. When I called it a clash between Morobeans and Highlanders, on my blog, several people wanted me to substitute Highlanders with the word thugs. I didn’t.

The fact that these people were referred to as thugs implies a lost identity as a people in the traditional sense. How do these lost Melanesians identify themselves in their contemporary context? I’ve tried to answer that question in this short story.

Academic plays down court sacking rumour

ACADEMIC RON MAY has described as worrying a reported move by Papua New Guinea’s government to sack chief justice Sir Salamo Injia and other judges, but doubts there is an overt political attack on the judiciary.

Former Chief Justice and Attorney General, Sir Arnold Amet, claims discussions are being held by senior officials to make these changes.

He suspects the move is an attempt by the government of Peter O’Neill to influence the imminent ruling of the Supreme Court on the constitutionality of events in parliament which took the O’Neill government to power in August.

A Melanesia expert at the Australia National University, Ron May, says over the last few months there’s been a lot of political involvement in the judiciary in key decisions.

“There have been calls to replace certain lawyers and certain judges and allegations that some judges might be biased in one direction or another,” he said.

“But so far there hasn’t been the sort of overt attack on the judiciary that this rumour seems to be suggesting.”

Source: Radio New Zealand International, 3 November

Concern over government move to 'replace judiciary'

ALARM HAS BEEN raised over reported moves by Papua New Guinea’s government to remove the Chief Justice, Sir Salamo Injia, and other judges.

A former Chief Justice and the previous Attorney General, Sir Arnold Amet, says discussions are being held by senior officials to make these changes.

He warns against the move, saying attempts to tamper with the judiciary will destroy the foundations of PNG’s democratic institutions.

“And there are very explicit, stringent provisions in the constitution and the organic law of processes and procedures on how to deal with institutions and leaders of institutions,” Sir Arnold said. “It’s not capable of being arbitrarily usurped.”

Sir Arnold suspects the move is an attempt by the government of Peter O’Neill to affect the imminent ruling of the Supreme Court on the constitutionality of events in parliament which took it to power in August.

Source: Radio New Zealand International, 3 November

Proliferation of home-made guns 'out of control'

A MEMBER OF the Pacific Small Arms Action Group says the proliferation of home-made guns in Papua New Guinea is out of control and requires a multi-agency approach to deal with it.

John Toguata, a former PNG police commander and a spokesman for the Coalition Against Gun Violence, says weapon parts are readily accessible in PNG, especially in the Highlands where stockpiles are growing.

He wants the government to allocate sufficient funding and resources to reduce the problem.

Mr Toguata says a major firearms report tabled before government over five years ago has gathered dust while the holistic approach it recommends to tackling PNG’s gun problem is long overdue.

“The whole issue just depends on the community and the police and the government agencies working together to confiscate this type of weapon and to issue heavy penalties for those people who are in possession of these types of illegal weapons,” Mr Toguata said.

Source: Radio New Zealand International, 31 October

Lawyers are thin on the ground says new study

A LOW LAWYER rate in Papua New Guinea is hampering access to justice, while in other South Pacific countries many lawyers have no understanding of their financial services legislation obligations. 

These findings are made in a new report released by the South Pacific Lawyers’ Association as part of the first comprehensive study into the needs of developing law societies and bar associations in the South Pacific. 

The survey reveals a number of findings that will be used to assist the South Pacific law societies improve the quality of services they provide to members and the community, said SPLA Chair Ross Ray QC.

“Specifically the research gives an insight into the legal profession in the South Pacific and highlights the current status of legal services and resources available.

“PNG, with a population of over six million people, has only 591 lawyers.

“The research suggests this low lawyer to population ratio is common within the South Pacific indicating an obvious access to justice issue for the region.

“This issue, combined with a lack of infrastructure, resources and training means the long term sustainability of the profession will be compromised unless immediate action is taken.”

Source: The New Lawyer, 26 October
http://www.thenewlawyer.com.au/article/South-Pacific-lawyers-need-help-new-study/532308.aspx

Lack of law & order prompts offer of police support

AN AUSTRALIAN government minister says raising the quality of policing in Papua New Guinea is critical to making improvements in sectors such as health and education.

The Australian government is considering a PNG government request for additional policing assistance.

There are presently 14 Australian Federal Police working in PNG and Parliamentary Secretary for Pacific Island Affairs, Richard Marles, says the government is considering sending more.

He says they won’t be frontline police but will work in an advisory capacity.

Mr Marles, who visited PNG last week, said it’s clear that law and order remains a significant issue in PNG.

“You can make all sorts of advances in the areas of health and education which can then be undermined by a lack of law and order,” he said.

“I think that there is a desire on the part of the PNG government to address this.

“It is something we really welcome and we want to do what we can to help in supporting that and so that is really what is the driving motivation behind this proposal.”

Source: Radio New Zealand International, 25 October

Planning for new Australian police assistance

A DECISION is expected soon on exactly what assistance Australian will provide to improve the performance of police in Papua New Guinea.

Both countries recently agreed Australia would help improve the capability of PNG's police service.

Australian Federal Police are expected to be sent to PNG but not to work on the frontline.

A previous initiative to send the AFP came undone in 2005 when PNG's Supreme Court found the immunities granted to them were unconstitutional.

During a visit to Port Moresby last week, Australia's Parliamentary Secretary for Pacific Island Affairs, Richard Marles, said a final decision on what will happen will be made before the end of the year.

Source: Radio Australia, 24 October

Homosexuality to remain illegal in PNG, Solomons

PAPUA NEW GUINEA, Solomon Islands and Samoa have told the United Nations they won't decriminalise homosexuality despite pledges by Palau and Nauru to do so.

The two Pacific nations made the commitment following a review by the UN Human Rights Council. Fiji changed its laws early last year.

PNG UNAIDS coordinator Stuart Watson told Australia Network News that laws against homosexuality were a legacy of the colonial era.

Mr Watson said the organisation was aware of the "cultural and religious sensitivities" around people who have sex with members of their own sex.

"But we believe lesbian, gay, bisexual and transgender communities should enjoy human rights as well as any other individual in society," he said.

Source: Australia Network News, 21 October

Amnesty working to clear Pacific of death penalty

AMNESTY INTERNATIONAL in New Zealand is calling on the leaders of the four Pacific Island countries that have the death penalty to remove it from legislation.

Spokesperson Margaret Taylor says although it has not been practised in the Pacific for the past 30 years, the death penalty remains law in Papua New Guinea, Tonga, Nauru and Fiji.

Earlier this year five PNG men were sentenced to death for murder.

Ms Taylor says it shows a level of justice that the penalty hasn’t been applied but the PNG sentencing demonstrates it can be at any time.

“We’re actively encouraging those Pacific Island leaders to take that step,” she said.

“Often countries might not get around to it. It’s the last thing on their things-to-do list, that they haven’t put the death penalty into practice so why do they need to take that next step.

“But I think if they can show leadership and the Pacific can on this issue then the world would be a better place.”

Margaret Taylor says Amnesty International is collecting signatures for a petition to be sent to the leaders of the four countries.

Source: Radio New Zealand International, 10 October

Chinese claim that racial tension is on the rise

A CHINESE diplomat in Papua New Guinea says anti-Asia sentiment in provinces outside Port Moresby continues to spread, while security in the capital has been brought under control.

Xiaoliang Chao, political counsellor at the Chinese embassy in PNG, says Chinese store owners in the region fear more looting.

The embassy has called on the PNG government to restore order and protect business owners.

Catholic Archbishop for Mount Hagen, Dr Douglas Young, says the issue of foreign owned business in PNG has to be examined in light of the recent violence against Asian operated businesses.

Dr Young says there has been a feeling within the community that some overseas investors appear to find it easier than other long term residents when applying to be allowed to operate in PNG.

He says this has fuelled resentment.

"People in Papua New Guinea who would like to run certain business but feel that they are shut out," the archbishop said.

Asian owned businesses have been looted with several people killed during the violence.

There have been calls for greater restrictions on foreign-owned enterprises. Dr Young says there needs to be a thorough examination of how immigration grants visas and permission for overseas investors.

Source: ANC Asia Pacific News, 21 September
http://abcasiapacificnews.com/stories/201109/3322812.htm?site=perth

Prime Minister's team sickened by savage beating

BY JAMES PHELPS

PLAYERS FROM the Australian Prime Minister's XIII rugby league side have recalled their horror at watching a man being beaten by their security detail while they were in Papua New Guinea last week.

Some of the NRL's biggest stars were involved in a bus crash before their match against the Kumuls which ended with the driver of the offending vehicle being beaten with a baton.

In sickening scenes that forced some players to throw up, local security employed to ensure their safety leapt from their bus screaming "kill him" after the utility carrying several workers crashed into their mini-van.

"It was pretty full on," said Bulldogs star Ben Barba.

"The car hit the first bus and it was just crazy after that. There was a lot of blood and it was very scary. Thankfully we were kept safe and it didn't get to us."

Another player revealed players were screaming for the local security guard to stop beating the driver of the utility who caused the crash.

"We were on the way to training and this ute carrying a heap of workers hit us head on," said the players.

"The passenger’s head went through the window and there was blood everywhere. Then the security guard jump out and chased the driver down and started laying into him with a baton."

Locked in the bus, secured with wire caging, some were so sickened by the violence that it made them physically ill. "It was gruesome," said the player.

"Some starting dry wretching, spewing. There was just blood and mess everywhere. The Australian aid bloke had to get out and stop it."

The players also feared for the safety playing the Kumuls at the Lae Stadium in PNG with gun-fire ringing in the distance. They were also pelted with rock and coconuts.

Australia won the match 36-22.

"Hopefully we did some good while we were there," said Barba.

Source: The Daily Telegraph, Sydney, 30 September
http://www.heraldsun.com.au/sport/nrl/rep-stars-witness-gruesome-beating/story-e6frfgbo-1226152044367

Singirok urges action to remove illegal guns

THE CHAIR of the Papua New Guinea Gun Control Committee, Major-General Jerry Singirok, says the government must act urgently on recommendations to remove illegal guns from the community.

The committee issued a report six years ago but to date leaders haven’t acted on it.

The former army chief’s comments come as the UN resident representative, David McLachlan-Karr, says gun control is a matter of urgency and acting police commissioner, Fred Yakasa, speaking after a spate of retaliatory killings in Enga, also expressed concern at the lack of action.

Major-General Singirok says the proliferation of guns poses a growing threat to residents and investors, and government must act as a matter of priority.

“The Government need to strengthen state institutions who’ve already constitutional or responsibility like the police force and customs,” he said.

He also said various government agencies should be empowered resourced so they can continue to apprehend, prosecute people caught using illegal guns.

Source: Radio New Zealand International, 22 September
http://www.rnzi.com/pages/news.php?op=read&id=63284

Misinformation leads to police conflict in Madang

BY MARTYN NAMORONG

JUST ONE DAY after Independence Day celebrations had excited the nation, villagers at Tokain in the Madang Province were allegedly attacked by a Police Mobile Squad team.

Men and women were rounded up and beaten, while food gardens and property were destroyed.

The reason: police retaliated after youths from the area attacked an officer who had fired on them.

The officer was responding to an earlier attack on a Toyota Hilux by the youths.

They had attacked the vehicle because they suspected its occupants to be kidnappers.

Last month villagers in Madang had been warned by police to be aware of kidnappers who were supposedly harvesting organs for transplants.

It seems one piece of misinformation about organ transplant has led to the destruction of an entire community.

Police have demanded twelve pigs and cash as compensation for the attack on their colleague.

Villagers are also contemplating a civil case against the State to demand compensation for the damage.

If only our police could beat the crap out of all the real thieves who are destroying our environment, stealing our land and resources, and bribing their way through.

If only, the police could protect villagers and whistleblowers like Dr Rona Nadile instead of harassing them. If only...

Source: The Namorong Report, 22 September

Peacekeeping should begin at home: UN boss

THE UNITED NATIONS resident coordinator to Papua New Guinea, David McLachlan-Karr, says gun control in the country is a matter of urgency.

Mr McLachlan-Karr says PNG is no stranger to conflict, with competition over land, resources and local political tensions often leading to violence.

He says the people most affected by fighting are very often the most vulnerable - the women, children and the elderly who are least able to defend themselves.

He says the increasing use of high-powered weaponry is of particular concern and gun control and weapons disposal need to be tackled as matters of priority.

PNG is about to send peacekeepers to the Sudan but Mr McLachlan-Karr says peace building must begin at home and the UN is prepared to help the government foster a culture of peace in the country.

Source: Radio New Zealand International, 21 September

Less unity than at independence, says police chief

ACCORDING TO Papua New Guinea’s police commissioner, Anthony Wagambie, the country has become less unified since independence from Australia in 1975.

Mr Wagambie said PNG is slowly but surely advancing in all sectors but law and order remains a challenge.

He said since independence people have withdrawn into their ethnic clans, which is the cause of many of the problems the country experiences.

Mr Wagambie says Independence Day was not only a time to celebrate, but also to reflect and evaluate.

He called on Papua New Guineans to do the right thing for the country.

Source: Radio New Zealand International, 16 September

Wikileaks: When the past comes back to haunt

The Moti Affair isn’t over for PNG warns SUSAN MERRELL, it’s just lying in wait in a jungle of legal complexity and political controversy....

LEGEND HAS IT that Italian courtier Damocles was awarded a much-coveted throne that brought with it great power and wealth. 

But also inherent in the acquisition was a sword, suspended by a single horse’s hair over the throne - the proverbial ‘Sword of Damocles’.

Considering the threat intolerable, Damocles relinquished the throne (although I’ve never quite understood why he didn’t just remove the sword).

There are outstanding issues, precariously suspended, like the Sword of Damocles, over the Papua New Guinea government.

The Moti Affair, for instance – while an unresolved legacy of Grand Chief Sir Michael Somare - has now been passed on to the new government and, in its current state, will dog any subsequent government.

Recent Wikileaks cables emanating from the US embassy in Port Moresby are a reminder.

In one cable, headed ‘Papua New Guinea Prime Minister on Moti and Bilateral,’ Somare is said to have stated that the PNG government “knows who the culprits are [in the Moti affair].”

He criticised the Australian Federal Police for bypassing the office of the foreign minister and of the prime minister by going directly to the PNG police who cooperated with the Australians in an arrest that was without a warrant and with extradition papers “not properly authenticated.”

“I can’t put up with this type of nonsense, “said Somare. “ If I’m wrong on questions of law, I admit it.  I was not wrong.”

At the time, then and current attorney-general, Dr Allan Marat, and Morobe Governor, Luther Wenge, a former acting judge, went further, adding that PNG should take Australia to task in the International Court of Justice.

Two subsequent government inquiries, the Defence Inquiry and the Ombudsman’s Report, drew similar conclusions on the matter of Moti’s arrest.

However, the Reports also found that Somare had a case to answer in the matter of Moti’s clandestine Defence Force flight out of PNG.  These findings threatened Somare’s tenure as Prime Minister after the reports were finalised.

Influential commentators such as Professor John Nonggorr, a leading constitutional lawyer, suggested that Somare should have stepped aside over the affair.  Like Damocles he should have relinquished the throne.

Conversely, Somare chose to negate the effects of the reports by challenging their legitimacy.  He was successful. The Ombudsman’s report was rejected in parliament and the Defence Inquiry was discredited factually and legally.

 

LNG expats concerned about violent attacks

BY JOHNNY BLADES

ON MOST DAYS of the week, Tari airport in the Southern Highlands sees a busy stream of foreigners arriving to take up roles with the Papua New Guinea LNG project.

These days, there’s also a steady flow of expat workers leaving - some for their monthly break, but many departing for good and relieved to be doing so.

One worker, who wished to remain unnamed, says a recent shootout between warring tribes on the quarry site he managed was just the latest in a series of security scares in which his life has been under threat.

"Next thing you know, there’s just guns going off everywhere; guys started running up into the bush around the quarry. We’ve asked for Exxon to provide MS (police mobile squad) security during the day there and they’ve refused.

“They’ve given us virtually no security. We get threats here on a daily basis. We’re not fenced off. People with bush knives, you might get thirty at a time, turning up and demanding employment. We’ve got no security there whatsoever."

Rob, whose contract in the project’s construction effort has just ended, says the recent horrific machete attack by a local man on a young Filipino worker just days into his contract at Komo has scared many staff.

The assailant was reportedly upset that the worker had a job which he felt a local person should have.

Rob says there are plenty of other similar incidents...

"The guy got hit over the head with a machete last week. Another guy got a machete shoved through the window of his car. They keep telling us that three Arabs are going to get the chop before Christmas - that’s what they’re saying, this is the local boys.

“And it doesn’t matter how many times you bring it up in the meetings, about safety on site, it’s just totally... "forget about it, it’s not worth worrying about".

“They (management) are wondering why nobody wants to go back to work, I think the last percentage of turnover of expats there was 60%. And I reckon after that incident with the boy getting the machete over the head, it’ll go up a fair bit.

“There’s nobody out there working up there who isn’t looking - put it like that - it’s pretty full-on."

 

Court will review Sir Michael's ‘mental capacity’

BY RAYMOND J SCHEICHER

THE EAST SEPIK provincial government has been ordered to obtain and provide to the five-man Papua New Guinea Supreme Court medical records in respect of the medical condition of Sir Michael Somare.

The provincial government is also to present to court evidence of a resolution by members of the East Sepik provincial executive council that enables it to bring the special reference to court.

The court has requested these orders be complied with by Tuesday. They are part of several directional orders unanimously agreed and issued by Chief Justice Sir Salamo Injia, Deputy Chief Justice Gibbs Salika and senior judges Justices Bernard Sakora, Nicholas Kirriwom and Les Gavara-Nanu.

This follows the court’s earlier unanimous decision to allow Attorney-General Dr Allan Marat to add several new questions to the reference.

The court ruled that since Dr Marat has the legal standing in his official capacity as the Attorney-General to bring a reference, he also has the legal standing to add questions to a reference brought to court.

Dr Marat’s raised more than 20 new questions and issues in addition to the more than 30 questions which the court has stated will be dealt with during the hearing.

The Attorney-General’s questions interrogate Sir Michael’s general medical health and his mental capacity during the time he was given leave by parliament to be absent and his consequential absenteeism from parliament going beyond the time he was given leave.

They also ask about the possibility that this amounted to creating a vacancy in the office of the prime minister.

Dr Marat is also questioning whether the provincial government had obtained a board resolution to bring this reference to court.

Source: Official Wire, 1 September
http://news.officialwire.com/main.php?action=posted_news&rid=180873

Security remains an issue for LNG project

THE HEAD OF Esso Highlands Ltd, Peter Graham, says security remains the developer’s chief concern in its liquefied natural gas project in Papua New Guinea.

Reports from the Hela region, where the project is being constructed, claim some workers are dissatisfied with security provisions and that there is a high turnover of staff.

Mr Graham, admits the recent incident at Komo, where a foreign worker was severely injured in a bushknife attack, is a concern.

“To everyone: to the community, to the supervisors and the workforce and obviously ourselves, our first priority is the safety and security of our people and the community in which they operate,” he said.

“We’re working now in a very vigorous fashion with all parties to try and make sure that we move forward from that incident; take the lessons learnt and apply them.”

Mr Graham denied claims that the LNG project isn’t hiring enough Highlands people, saying that ,1400 of the 1,800-strong workforce at Komo are Papua New Guineans.

He also said that for every equipment operator, there is a national shadow being trained to take up the job.

Source: Radio New Zealand International

Claims LNG project could cause Hela unrest

An NGO in the Southern Highlands has warned that the impact of the LNG project on families in the Hela region could cause unrest.

Hela Community Care (HCC) says many families who have been displaced by the construction of roads, airstrips and other infrastructure for the ExxonMobil project have not been resettled or compensated.

Some landowners, particularly in the Hides area which is central to the project, claim they’re enjoying major benefits, including improved services and infrastructure.

However HCC’s John Tamita claims that the project has displaced many people and offered too few of them employment.

“It may be a disaster coming up,” he said.

“They’ve chopped the neck of a couple of Asians who worked on the new airfield in Komo.

“And most likely, its also going to be taking place here (Tari) too.

“A lot of our residences demolished; no payment; we are struggling now; our lives become useless, they didn’t consider us.”

Source: Radio New Zealand International

Bougainville to take Melanesian approach

THE AUTONOMOUS PROVINCE of Bougainville hopes to resolve a long standing impasse in the south of the main island by taking the traditional Melanesian approach of reconciliation.

Despite six years of autonomy, few government services are available around the district of Konnou because the security of workers can’t be guaranteed.

Former civil war combatants, led by Damian Koike, have been blamed for the crime and violence, which has claimed many lives.

President John Momis wants face-to-face talks with Mr Koike, who he says is concerned he could face arrest at such an event.

Mr Momis says to have a permanent peace the government will need to take a traditional Melanesian restorative justice approach.

Restorative justice focuses on the needs of victims, offenders and the involved community instead of satisfying abstract legal principles or punishing the offender.

“To assist him to pay compensation, and vice versa, because there are people on the other side who have, in fact, dealt death blows to people on Koike’s side,” Mr Momis said.

“It’s a complicated situation and we are just trying to get to the bottom of it and work out a mutually acceptable peace arrangement.”

Source: Radio New Zealand International