DOCSLIB.ORG

Political Reviews

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Political Reviews Political Reviews 7KH5HJLRQLQ5HYLHZ,QWHUQDWLRQDO,VVXHVDQG(YHQWV nic maclellan 0HODQHVLDLQ5HYLHZ,VVXHVDQG(YHQWV david chappell, jon fraenkel, solomon kantha, muridan s widjojo 7KH&RQWHPSRUDU\3DFL²F9ROXPH1XPEHU¥ E\8QLYHUVLW\RI+DZDL©L3UHVV 351 political reviews melanesia 403 Rule of Law and Human Rights in Papua, stitutional and leadership crisis in the 2012). Unpublished nongovernmental history of the country. The crisis put organization report. to test the thirty-seven-year-old consti- Majalah Selangkah.com. tution, challenged the principle of the http://majalahselangkah.com/ separation of powers among the three MediaIndonesia.com. arms of government (executive, leg- http://www.mediaindonesia.com/ islative, and judicial), and shook the foundations of the Westminster system Merdeka.com. http://www.merdeka.com/ of government adopted by Papua New Papua Pos Nabire. Papua Pos Lokal Guinea. Additionally, business houses Network. http://papuaposnabire.com/ and landowners around the Lique- Pasific Post. Daily. Jayapura. Online at fied Natural Gas (lng) project area http://www.pasificpost.com/ warned that if the impasse between the two groups claiming to be the Radar Sorong, Cenderawasih Pos Lokal Network. http://www.radarsorong.com/ legitimate government continued, it could negatively impact investor Suara Papua. http://suarapapua.com/ confidence and the economy at a time Suara Pembaruan (Voice of Renewal). when the lng project was at its peak Daily. Jakarta. Online at construction phase (Post-Courier, http://www.suarapembaruan.com/ 19 Dec 2011). Tabloid Jubi Online: An Alternative Media Fortunately, 2012 was an election in Tanah Papua. http://tabloidjubi.com/ year, which meant that Parliament was dissolved and political incumbents Tribunnews.com. http://www.tribunnews .com/ had to re-contest their seats. This somewhat ended the leadership tussle Umaginews. http://www.umaginews.com/ between the Peter O’Neill and Somare vivanews.com. http://www.vivanews.com/ factions, who were forced to renew their leadership mandate through the ballot box. This was timely because the political impasse could have Papua New Guinea devolved further into social chaos, as The year 2012 and the events in the the stalemate was gradually politiciz- latter part of 2011 leading up to the ing and dichotomizing the different infamous “political impasse” in Papua groups in the country who supported New Guinea (PNG) will go down in one faction or the other. the annals of PNG political history for There was a sense of political inse- a number of reasons. Most significant, curity and uncertainty when Somare’s it was a year that saw the end of nine family announced that he was not years of rule by the National Alli- medically fit to continue as the coun- ance Party–led government of Prime try’s leader in 2011. Somare’s absence Minister Grand Chief Sir Michael from the country for almost three Somare—cutting short what would months created a leadership vacuum have been a historic two full terms as despite his having appointed Sam Abal prime minister. (the member for Wabag and minister These events led to the biggest con- for foreign affairs and immigration) 404 the contemporary pacific 25:2 (2013) as acting prime minister. Somare’s men had to sell their policies, boost prolonged absence led the majority in their popularity, and secure the voters’ Parliament to declare a vacancy in the support to return to power after the prime minister’s seat. Rifts within the national elections. National Alliance circles were already The rhetoric about free health conspicuous due to Abal’s displace- care service was one popular elec- ment of onetime Deputy Prime Minis- tion gimmick that never material- ter Don Polye. Abal had political foes ized during the twelve-month long from within his own party and also government of O’Neill and Namah. lacked the authority and respect that Nonetheless, after being elected prime was accorded to Somare. minister, O’Neill kept his word on Since Somare became prime minis- free education. The Department of ter in 2002, his style of leadership and Education was directed to facilitate many of his decision-making processes the dispensing of subsidies to schools, were perceived as dictatorial by the and when this was delayed and not Opposition. This was demonstrated in implemented in a timely fashion, the the ways that some controversial legis- National Executive Council in Sep- lation was bulldozed through Parlia- tember suspended the secretary for the ment without wider consultation and Department of Education, Dr Musawe debate—for example, the Environ- Sinebare, allegedly for failing to mental Act, which among other things effectively implement the policy. Prime prevents third-party lawsuits against Minister O’Neill issued a stern warn- resource companies (see Kantha 2011, ing that his government would not 491, 494–495), and the Maladina Bill, tolerate slackness in the public service, which proposed the removal of the particularly at the departmental head powers of the Ombudsman Commis- level (The National, 28 Sept 2012). sion (see Kantha 2010, 456-457). The There were numerous skirmishes in provision in the Environmental Act the short-lived O’Neill-Namah regime preventing third-party lawsuits was and many embarrassing reversals later repealed by the O’Neill-Namah by Prime Minister O’Neill of widely government. publicized decisions made by Deputy The announcement of Somare’s Prime Minister Namah. Namah was retirement from politics by his son and the government’s rhetorician, pre- Member for Angoram Arthur Somare dominantly seen as the one calling (Post-Courier, 30 June 2011)—seem- the shots, making the hard decisions, ingly without the knowledge of his and being easily agitated. Meanwhile, father who was in the hospital in O’Neill was soft-spoken, inquisitive, Singapore—provided an opportune and seemed to merely wear the prime moment for the Opposition to mobi- minister’s hat without really exerting lize support and seize control of the any authority. government in mid-2011. However, On one occasion, Namah sus- the bond between new Prime Minister pended the managing director of Peter O’Neill and his deputy, Belden the Mineral Resources Development Namah, was apparently one forged Company over allegations of corrup- for political convenience. The two tion in the company. The company political reviews melanesia 405 was set up by the government with on the legality of the processes and the prime minister as the sole trustee acceptable parliamentary norms. Legal to manage landowner equity interests opinions about the legitimacy of the in the mining and petroleum sector two government factions offered by (The National, 13 Oct 2011). Namah lawyers representing the two sides was acting prime minister at that time, were even more contradictory. as O’Neill was out of the country. The inexorable O’Neill-Namah On returning from his overseas trip, faction was adamant that Parliament, O’Neill immediately rescinded the as the law-making body, was supreme decision of his deputy. These contra- and that the decisions of Parliament dictions in the public pronouncements to disqualify Somare as prime minis- proved early in the formation of the ter and to remove him as East Sepik O’Neill-Namah government that the Regional Member for missing three alliance was just a façade for their consecutive parliamentary sessions own ends, and it was clear that the were legitimate. In fact, however, relationship would not last. Somare missed only two sessions. He The overthrow of the Somare gov- was compelled to fly to Port Moresby ernment and the impasse leading up from his hospital bed in Singapore to the elections in mid-2012 sparked a and entered the chambers of the debate regarding whether the constitu- Parliament House in a wheelchair, tion or the Parliament held supremacy. determined to fulfill the constitutional The unprecedented circumvention of requirements by not missing the third laws by the O’Neill-Namah govern- session of Parliament. The Somare ment—seen in the removal of Somare faction maintained that the constitu- as a member of Parliament, the tion created the institution of Parlia- amendment to the Prime Minister and ment and thus is supreme and that the National Executive Council Act to procedures undertaken by Parliament retroactively legalize Somare’s dis- to remove him were therefore uncon- qualification, and the introduction of stitutional and extrajudicial. the Judicial Conduct Bill, which was The impasse consequently raised an ominous attempt to penalize judges doubts about the independence and who might render a verdict upholding neutrality of the PNG Supreme Court, the supremacy of the constitution, and which is mandated to defend and thus reinstating Somare—were obvi- protect the constitution. The O’Neill- ously desperate attempts to cling to Namah government was wary of the power. The constitution, however, fell outcome of the Supreme Court ruling. short of clearly defining the param- After Chief Justice Sir Salamo Injia eters by which such practices could be ruled that the manner and procedures deemed constitutional or otherwise. by which Somare had been removed Lawyers and political scientists from Parliament were unconstitutional alike conjured up varying interpreta- and called for Somare to be reinstated tions of the laws with respect to the as prime minister, a warrant was removal of Somare from Parliament, immediately issued at the direction of thus confusing the public with differ- Namah for the arrest of the chief jus- ing views more than
Load more

Recommended publications
  • Study of Financial Access to Health Services for the Poor in Cambodia
    PHASE 2 REPORT Study of financial access to health services for the poor in Cambodia Phase 2: In-depth analysis of selected case studies Dr Peter Leslie Annear (RMIT University) in association with Maryam Bigdeli (WHO Cambodia) Ros Chun Eang (MOH Cambodia) Prof. Paul James (RMIT University) For the Ministry of Health, WHO, AusAID and RMIT University 30 June 2007 Phnom Penh This is the Final Report for Phase 2 of the Study of Access to Health Services for the Poor in Cambodia supported by AusAID, WHO Cambodia, RMIT University (Melbourne) and the Ministry of Health Cambodia. The Final Report fulfils the requirements of Milestone 6 under AusAID Contract 13732, Variation Order No. 2 of 31 July 2006, Clause 6.1 (i). Funding for the research was agreed under the terms of the Contract (CON 13732) signed in 2005 between AusAID and RMIT University for implementation of the study project under the title The cost, benefit and sustainability of equity funding for health: evidence from Cambodia. Terms for Phase 2 of the study were formalized by the Contract Variation to the Scope of Services finalized in July 2006. Contents Glossary iii Executive summary v 1 Background..................................................................................................................1 2 Health financing schemes ............................................................................................2 3 Research methods ........................................................................................................3 3.1 Research questions...............................................................................................4
    [Show full text]
  • Charles Lepani I
    Innovations for Successful Societies Innovations for Successful Societies AN INITIATIVE OF THE WOODROW WILSON SCHOOL OF PUBLIC AND INTERNATIONAL AFFAIRS AND THE BOBST CENTER FOR PEACE AND JUSTICE Innovations for Successful Societies Innovations for Successful Societies Series: Governance Traps Interview no.: P2 Innovations for Successful Societies Innovations for Successful Societies Interviewee: Charles Lepani Interviewer: Matthew Devlin Date of Interview: 15 March 2009 Location: Canberra, Australia Innovations for Successful Societies Innovations for Successful Societies Innovations for Successful Societies, Bobst Center for Peace and Justice Princeton University, 83 Prospect Avenue, Princeton, New Jersey, 08544, USA www.princeton.edu/successfulsocieties Use of this transcript is governed by ISS Terms of Use, available at www.princeton.edu/successfulsocieties DEVLIN: Today is March 15th, 2010. We’re in Canberra, Australia, with His Excellency Charles Lepani, Papua New Guinea’s high commissioner to Australia. The high commissioner was one of Papua New Guinea’s top public servants during the years we’ll be discussing today and has a rather unique insight into both the political dynamics that shaped those events and the administrative aspects of the implementation of Papua New Guinea’s decentralization. Mr. High Commissioner, thank you for joining us. LEPANI: Thank you. DEVLIN: If you don’t mind, I’d like to begin by first asking you how you came to enter the public service, and what positions you held over the years of your governmental career. LEPANI: I started off as a trained trade unionist. After high school in Queensland, Australia, I spent two years at the University of Papua New Guinea in 1967-68.
    [Show full text]
  • Pol I T Ical Reviews ‡ Melanesia 491 Papua New Guinea
    pol i t ical reviews melanesia 491 $LUNR3DSXDKWWSZZZSDSXDEDUDWQHZV swaps in ministerial portfolios, the FRP replacement of two deputy prime min- Pembebasan PapuaKWWSSHPEHEDVDQ isters, and a constitutional blunder in SDSXDEORJVSRWFRP the reelection of the governor-general. In spite of the political rollercoaster, 3ROLWLN,QGRQHVLDKWWSZZZ .politikindonesia.com the Somare government successfully thwarted numerous attempts by the Presiden Republik Indonesia. Opposition to remove Sir Michael KWWSZZZSUHVLGHQULJRLG Somare as prime minister, thus making Radio Republik Indonesia. the government more confident than KWWSZZZUULFRLG ever to assert its grip on power until Rakyat Merdeka. Daily. Jakarta. Online at the national elections in 2012. It was KWWSZZZUDN\DWPHUGHNDFRLG also a year of legal battles and protests on controversial constitutional amend- 5HSXEOLNDFRLGKWWSZZZUHSXEOLND FRLG ments and environmental issues. The concerned public, landowner groups, Sekretariat Kabinet Republik Indonesia. and nongovernmental organizations KWWSZZZVHWNDEJRLG have become a fortified mouthpiece of Suara Pembaruan. Daily. Jakarta. Online the people on issues of human rights, DWKWWSZZZVXDUDSHPEDUXDQFRP equality, environment, and the consti- Survival: The Movement for Tribal tutionality of amendments to laws that 3HRSOHVKWWSZZZVXUYLYDOLQWHUQDWLRQDO seem to favor politicians and multina- RUJ tional companies over people’s rights. Tabloid Jubi Online: An Alternative Media Unlike in previous years, these interest LQ7DQDK3DSXDKWWSWDEORLGMXELFRP groups showed the government
    [Show full text]
  • Wantok Namba 1953.Pdf
    Namba 1953 Janueri 26 - Februeri 1, 2012 40 pes Niuspepa Bilong Yumi Ol PNG Stret! K1 tasol WOK REDI LONG 12 Pes ILEKSEN 2012 - insait PLES BAGARAP... • Moa long 70 manmeri karamap • Graun bruk long 4- kilok moning • Pipel bilong arapela provins tu i dai • Tupela de go pinis na ol no rausim bodi yet • Esso Highlands wari long wokman • PM O’Neill i go lukim na kambek • Australia bai halivim Stori long pes 2 Pablik bai wet pastaim long kisim fri helt sevis Gavman mas rausim olpela ekt pastaim... 96 Lukim stori long pes 2... Ritim stori bilong Sabina long pes 17 na 18... P2 Wantok Janueri 26 - Februeri , 2012 nius DanayaAja Alex Potabe i raitim Provins. nogat Mi stap gavana tupela nem“Dispela em i long bikpela asua. Em Ilektoral i tok Ileksen 2012 em i klostu “Soka gemRol i stat pinis, tasol refri taim olgeta, tasol mi paul long lukim Sapos nem bilong mi i no stap, taim, na em i salensim ol polisman, i no stap. Ol man i pilai pinis long Gavana bilong Westen Provins, nem bilong mi i no stap long Ilek- wankain tasol ol nem bilong planti ol ilektoral opisa na kaunting opisel fil, tasol mi hat long lukim refri stap Dokta Bob Danaya i nogat nem toral Rol long ples bilong papa na manmeri inap long vot bai no nap long stopim ol pasin korapsen na long fil. Dispela em i pasin ko- long Ilektoral Rol long Westen mama bilong mi. Mi go sekim long stap tu. Ol pablik seven long larim Ileksen 2012 i kamap tru tru rapsen.
    [Show full text]
  • HOSPITAL BEDS and RELATED EQUIPMENT DME101.001 Bluereview POSTED DATE: 11/17/2003 EFFECTIVE DATE: 2/27/2004 ______
    HOSPITAL BEDS AND RELATED EQUIPMENT DME101.001 BlueReview POSTED DATE: 11/17/2003 EFFECTIVE DATE: 2/27/2004 _____________________________________________________________________________ COVERAGE: HOSPITAL BEDS Various types of hospital beds may be medically necessary when the selected appropriate criteria are met: A. FIXED HEIGHT (one or more of the following is required): · The patient requires positioning of the body for the alleviation of pain in ways not feasible with an ordinary bed. · The patient requires the head of the bed to be elevated more than 30 degrees most of the time due to congestive heart failure, chronic pulmonary disease, or problems with aspiration. Pillows or wedges should first have been considered. · The patient requires traction equipment that can only be attached to a hospital bed. B. VARIABLE HEIGHT (in addition to one of the fixed height criteria): · The patient requires a bed height different than a fixed height hospital bed to permit transfers to chair, wheelchair or standing position. C. SEMI-ELECTRIC: · In addition to the all indications for A and B, the patient requires frequent or immediate changes in body position. D. TOTAL ELECTRIC: · This type of bed is rarely indicated EXCEPT in cases of spinal cord injuries, brain injury patients, and patients with neurological damage that prevents them from getting in or out of bed. These patients also require assistance with the basic activities of daily living (i.e., bathing, use of toilet). E. HEAVY DUTY EXTRA WIDE: · Is covered if the patient meets one of the criteria for a fixed height hospital bed and patient weight is more than 350 pounds but does not exceed 600 pounds.
    [Show full text]
  • Minutesofproceedings Of
    489 Proof 2012-13-14-15 P A P U A N E W G U I N E A __________________ M I N U T E S O F P R O C E E D I N G S OF THE N A T I O N A L P A R L I A M E N T ___________________ No. 108 ___________________ Thursday, 28 May 2015 1 The Parliament met at ten o’clock a.m., pursuant to adjournment. The Speaker (Mr Theo Zurenuoc) took the Chair. _______________ Absence of quorum: The Speaker reported to the Parliament that a quorum of Members was not present and announced that he would again take the Chair at the ringing of the Bells. Suspension of sitting: At five minutes past ten o’clock a.m., the Speaker left the Chair. Resumption of sitting: At twenty-five minutes to eleven o’clock a.m., the Speaker resumed the Chair, and a quorum of Members being present and in accordance with Standing Order 34, invited Mr Wera Mori (Member for Chuave) to say Prayers. _______________ 490 No. 108 - 28 May 2015 2 QUESTIONS: Questions without notice being asked - Suspension of standing orders – Extension of time for questions without notice: Mr Garry Juffa moved – That so much of standing orders be suspended as would prevent the time for question without notice this day, being extended by twenty minutes. Question – put and passed, with the concurrence of an absolute majority. Questions without notice continued. 3 ANSWERS TO QUESTIONS WITHOUT NOTICE: Mr Richard Maru (Minister for Trade, Commerce and Industry), by leave, answered a series of questions directed at him by Mr Don Polye (Leader of the Opposition) during question time on Tuesday, 26 May 2015.
    [Show full text]
  • Challenges and Critical Factors Affecting Women in the 2017 National Elections: Case of Lae and Huon Gulf
    CHALLENGES AND CRITICAL Mary Fairio Sarah Kaut Nasengom FACTORS AFFECTING Cathy Keimelo WOMEN IN THE 2017 NATIONAL ELECTIONS: CASE www.pngnri.org OF LAE AND HUON GULF No. 178 October 2020 This page is intentionally left blank DISCUSSION PAPER CHALLENGES AND CRITICAL Mary Fairio FACTORS AFFECTING WOMEN Sarah Kaut Nasengom IN THE 2017 NATIONAL Cathy Keimelo ELECTIONS: CASE OF LAE AND HUON GULF No. 178 October 2020 First published in October 2020 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Copyright © 2020 The National Research Institute. Direct any inquiries regarding this publication to: The Editorial Unit Leader National Research Institute P.O. Box 5854 Boroko, NCD 111 Papua New Guinea Tel: +675 326 0300/326 0061; Fax: +675 326 0213 Email: [email protected] Website: www.pngnri.org The Papua New Guinea National Research Institute (PNG NRI) is an independent statutory authority established by an Act of Parliament in 1988 and confirmed by the IASER (Amendment) Act 1993. PNG NRI is mandated by legislation to carry out independent research and analysis on development issues affecting PNG. The legislation states that the functions of the PNG NRI are: (a) the promotion of research into Papua New Guinea society and the economy (b) the undertaking of research into social, political and economic problems of Papua New Guinea in order to enable practical solutions to such problems to be formulated. ISBN 9980 75 282 3 National Library Service of Papua New Guinea ABCDE 202423222120 The opinions expressed in this report are those of the authors and not necessarily the views of the Papua New Guinea National Research Institute.
    [Show full text]
  • Women and Politics in Presence: Case of Papua New Guinea A
    Women and Politics in Presence: Case of Papua New Guinea A thesis presented to the faculty of the College of Arts and Sciences of Ohio University In partial fulfillment of the requirements for the degree Master of Arts Mary Fairio August 2014 © 2014 Mary Fairio. All Rights Reserved. 2 This thesis titled Women and Politics in Presence: Case of Papua New Guinea by MARY FAIRIO has been approved for the Department of Political Science and the College of Arts and Sciences by Julie White Associate Professor of Political Science Robert Frank Dean, College of Arts and Sciences 3 Abstract FAIRIO MARY, M.A., August 2014, Political Science Women and Politics in Presence: Case of Papua New Guinea Director ofThesis: Julie White One area that presents challenge for democracy is women representation, an important dimension for gender equality. However, there are major variations among countries. Papua New Guinea is one of the countries with the lowest number of female representatives in parliament. Two questions are asked in regard to the representation of women. First, why is it difficult for women to be elected in Papua New Guinea? And second, how do we explain where women were able to challenge others to be elected? Formal institution such as the electoral system is just one way to discuss gender equality. There are other areas of gender inequality that interact with the formal system relating to social, cultural, and economic factors. An analysis of these factors shows that even improving formal institutions to increase the number of women in political participation, gender inequality is still a challenge within and outside the legislative office.
    [Show full text]
  • Politics in Papua New Guinea 2017–20: from O'neill to Marape
    Politics in Papua New Guinea 2017–20: From O’Neill to Marape R.J. May Discussion Paper 2020/3 The author has been chronicling the politics of Papua prosecutor); and amendments to the constitution and New Guinea (PNG) for decades, and this Discussion the Organic Law on the Integrity of Political Parties and Paper constitutes the most recent instalment in that Candidates (the general effects of which were to make body of work. It is hoped this account will assist it more difficult to remove a sitting government, which observers of the latest developments in the fast- attracted successful challenges). moving and frequently unpredictable world of political By 2015, popular opposition to O’Neill was growing contestation in PNG. and there were calls for him to step down. In October In an earlier paper, I surveyed the events in PNG that year, a protest rally in Port Moresby was broken politics from the political coup against incumbent up by police, with several protesters injured in the prime minister Sir Michael Somare in 2011 through confrontation. The following year saw students at to early 2017, preceding the country’s ninth post- the country’s four state universities initiate a boycott independence general election (May 2017). During this of classes in protest against the government; they time, PNG was governed by a coalition headed by Peter were supported by the PNG Trade Union Congress, O’Neill. That paper, which detailed the way O’Neill a coalition of civil society groups that called for a came to power — in defiance of two Supreme Court National Disobedience Day and opposition politicians decisions in 2011–12 and then through legitimate who sought a parliamentary vote of no confidence.
    [Show full text]
  • Opportunities Await Japanese Investors
    第３種郵便物認可 (3) THE JAPAN TIMES FRIDAY, SEPTEMBER 16, 2011 5 Papua New Guinea independence day Opportunities await Japanese investors Looking forward to even friendlier relations with PNG Katsuo Yamashita relations between our two countries ever since CHAIRMAN, JAPAN-PAPUA NEW GUINEA ASSOCIATION Papua New Guinea’s independence 36 years Dennis T. Bebego natural resources ranging from ago. All of us in Japan wish a quick recovery CHARGE D’AFFAIRES A.I. OF PAPUA fisheries and forestry in the re- On behalf of the Japan-Papua New Guinea of Sir Michael Somare’s health and it is our NEW GUINEA newables sector to minerals as Association, I would like to express my sincere earnest hope that, in the near future, he will play well as oil and gas deposits both congratulations to the government and people his role to maintain and strengthen our close On Sept. 16, 1975, Papua New on land and on the seabed. Vast of Papua New Guinea, who relationships. Guinea became an independent arable land with year-round celebrate their 36th Independence I take this opportunity to express my deep state, with the transition to na- tropical weather presents op- Day today, Sept. 16. appreciation to the government and people of tionhood be- portunities for agricultural de- I am happy to note that Papua New Guinea for extending the sympathy ing smooth. To velopment. Tropical rain forests bilateral relations between our and a large amount of donations to the victims date, Papua New teeming with flora and fauna, two countries are getting closer from the March 11 Great East Japan Earthquake Guinea remains steep mountains and gorges and closer in recent years.
    [Show full text]
  • MDH 101: Hospital Bed Moratorium and Public Interest Reviews
    Minnesota’s Hospital Moratorium Law Senate, Committee on HHS Finance & Policy, February 27, 2018 Stefan Gildemeister| Director, Health Economics Program Overview • Brief history of the MN Hospital Bed Moratorium • Overview of: • Exceptions to date • Distributions of beds • Licensed vs. available beds • Public Interest Review to request exceptions to the moratorium Report to the Minnesota Legislature: www.health.state.mn.us/divs/hpsc/hep/publications/legislative/medfacrpt.pdf 2 Background What is the MN Hospital Moratorium Law? • MN Statutes 144.551 prohibit the: • Establishment of new hospital licenses; and • The expansion of existing hospital licensed beds • It also establishes a process to inform the Legislature as it considers granting exceptions to the moratorium • Related sections establish: • A process for reviewing proposals for exception to the moratorium (MN Stat 144.552); • A process for conducting reviews if competing proposals exist (MN Stat 144.553); and • Responsibilities for MDH to monitor implementation after an exception has been granted [MN Stat 144.552 (g)]. 4 Why was the Hospital Bed Moratorium Established? • Leading up to establishing the hospital bed moratorium, the MN Legislature was concerned about: • Overcapacity in hospital licensed beds; and • The cost associated with potentially excessive inpatient capacity. • Previous “Certificate of Need” laws did not appear control growth in medical facilities and health care investments • Moratorium was seen as a more effective way of limiting investments in excess hospital
    [Show full text]
  • The Pacific Solution Or a Pacific Nightmare?: the Difference Between Burden Shifting and Responsibility Sharing
    THE PACIFIC SOLUTION OR A PACIFIC NIGHTMARE?: THE DIFFERENCE BETWEEN BURDEN SHIFTING AND RESPONSIBILITY SHARING Dr. Savitri Taylor* I. INTRODUCTION II. THE PACIFIC SOLUTION III. OFFSHORE PROCESSING CENTERS AND STATE RESPONSIBILITY IV. PACIFIC NIGHTMARES A. Nauru B. Papua New Guinea V. INTERPRETING NIGHTMARES VI. SPREADING NIGHTMARES VII. SHARING RESPONSIBILITY VIII. CONCLUSION I. INTRODUCTION The guarantee that persons unable to enjoy human rights in their country of nationality, who seek asylum in other countries, will not be returned to the country from which they fled is a significant achievement of international efforts to validate the assertion that those rights truly are the “rights of man.” There are currently 145 states,1 including Australia, that are parties to the 1951 Convention relating to the Status of Refugees (Refugees Convention)2 and/or the 1967 Protocol relating to the Status of Refugees (Refugees Protocol).3 The prohibition on refoulement is the key provision of the Refugees Convention. Article 33(1) of the Refugees Convention provides that no state party “shall expel or return (refouler) a refugee in any manner * Senior Lecturer, School of Law, La Trobe University, Victoria 3086, Australia. 1 As of February 1, 2004. 2 July 28, 1951, 1954 Austl. T. S. No. 5 (entered into force for Australia and generally on April 22, 1954). 3 January 31, 1967, 1973 Austl. T. S. No. 37 (entered into force generally on October 4, 1967, and for Australia on December 13, 1973). 2 ASIAN-PACIFIC LAW & POLICY JOURNAL; Vol. 6, Issue 1 (Winter
    [Show full text]