Political Reviews • Melanesia 413 David Chappell References Papua
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Case That Stopped the Coup? the Rule of Law in Fiji
1 THE CASE THAT STOPPED A COUP? THE RULE OF LAW IN FIJI George Williams Anthony Mason Professor and Director Gilbert + Tobin Centre of Public Law Faculty of Law University of New South Wales THIS IS A TRANSCRIPT OF THE 2003 QUENTIN-BAXTER MEMORIAL TRUST LECTURE DELIVERED AT THE LAW SCHOOL OF VICTORIA UNIVERSITY OF WELLINGTON ON 27 NOVEMBER 2003. 2 I INTRODUCTION∗ I appreciate the privilege of addressing you today. As a scholar at Victoria University of Wellington, Professor Quentin-Baxter recognised something that is only becoming fully apparent today. That is the idea, reflected in his own academic work and public service, that it is not only possible, but necessary to bridge the divide that is often imagined between the fields of international and constitutional law. I am also delighted to be giving this lecture because it deals with a subject to which Mrs Alison Quentin- Baxter, as a constitutional and international lawyer, has made a distinguished contribution. That subject is the development of legal institutions and the strengthening of the rule of law in the Pacific. Mrs Quentin-Baxter was Counsel assisting the Fiji Constitution Review Committee that was instrumental in drafting Fiji’s multi-racial 1997 Constitution.1 My lecture today concerns that Constitution and the events that overtook it. On 29 May 2000, the Commander of the Fiji Military Forces issued a decree abrogating the 1997 Fijian Constitution. Nine months later on 1 March 2001, the Court of Appeal of Fiji held in Republic of Fiji v Prasad2 that the 1997 Constitution remains in force as the supreme law of Fiji. -
Download Lawtalk Issue 929 (PDF File, 17.77
ISSUE 929 · June 2019 Finding the perfect role New Zealand legal employment Does our use of Family Law Confirmation and Litigation imprisonment Arbitration anchoring bias in funding and breach NZBORA? - what's decision making class actions happening? in NZ Page 36 Page 40 Page 42 Page 66 19NZCRS09BA01.pdf 2 28/05/2019 11:43 AM C M Y CM MY CY CMY K Do mark-ups make a mess of your documents? Lexis® Draft’s Contract Companion scans your Less time. documents for errors and risks so you can quickly locate and correct reference mistakes, incomplete Less mess. items, numbering issues and more. Reduce risk and deliver accurate documents faster with Lexis Draft. Lexis® Dra t | LexisNexis.co.nz/Brushstroke Lexis Draft and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2019 LexisNexis NZ Limited. All rights reserved. 19NZCRS09BA01.pdf 2 28/05/2019 11:43 AM Our commitment At MAS, we’re committed to doing what we can to make a positive impact on the health and wellbeing of future generations of New Zealanders, and to a more sustainable country. It’s why we’ve implemented a socially responsible investing approach across $1.4 billion of superannuation funds and insurance reserves and do not invest in the manufacture and sale of armaments, tobacco, or the exploration, extraction, refining and processing fossil fuels. Talk to us about our socially responsible Retirement Savings and KiwiSaver plans today C by calling 0800 800 627 or visit mas.co.nz M Y CM MY CY CMY K Philips SpeechLive Secure cloud dictation Do mark-ups make a mess of your documents? Sign up now and get one Lexis® Draft’s Contract Companion scans your Less time. -
June 2004 Page 2
Chief Justice of the OECS Sir Dennis The International Criminal Tri- Byron, President of CJEI (Fellow bunal for Rwanda was appointed by 1997), left St. Lucia on June 7, 2004 the United Nations to try cases of to take up an appointment as a Per- genocide in the African country. The manent Judge of the International Tribunal issued its first indictment in Criminal Tribunal for Rwanda, November 1995. Since then, it has which operates from Arusha, Tanza- made steady progress towards the nia. fulfillment of its mandate and has In 1990, Sir Dennis was ap- made a notable contribution to the pointed to the Court of Appeal of the development of international crimi- Eastern Caribbean Supreme Court. nal justice. Before that he served as a High Those convicted included Jean Court Judge of the Eastern Caribbean Kambanda, the Prime Minister of Supreme Court in Antigua, Montser- Rwanda during the genocide, who rat, Dominica and St. Lucia from became the first Head of Govern- 1982. Sir Dennis was acting Chief ment to be indicted and convicted Justice of the Supreme Court of CJEI President Honourable Chief of genocide. Fourteen Ministers of Grenada in 1986 and presided over Justice Sir Dennis Byron the 1994 Interim Government in the Maurice Bishop murder trial. Rwanda are also in the Tribunal’s In the past decade, Sir Dennis’ career has at- custody as well as senior military commanders, tracted international recognition. He was a mem- high-ranking central and regional government offi- ber of a team of prominent jurists selected by the cials, prominent businessmen, church leaders, International Bar Association to investigate and journalists, intellectuals and other influential fig- report on issues affecting the independence of the ures. -
I2I Text Paste Up
PART 3: THE LIMITS OF INDEPENDENCE Chapter 12 Independence and its Discontents apua New Guineans handled the transition to independence with flair, despite their Plimited experience, the speed with which they had to act and the explosive agenda that they inherited. With great skill and some luck, they brought their country united to independence with new institutions, a new public service, a guaranteed income and a home-made constitution. A Failing State? The coalition that achieved these feats tottered in 1978 when Julius Chan took the PPP into opposition, and collapsed in March 1980 when the Leader of the Opposition, Iambakey Okuk, won a no-confidence motion, naming Chan as preferred Prime Minister. Chan had quit the coalition over the attempt to buttress the Leadership Code (Chapter 9) and disagreement on relations between private business and public office. Somare returned to office after the 1982 election but once again he was ousted in mid- term by a vote of no confidence, yielding to the ambitious young Western Highlander Paias Wingti. The pattern was now set, whereby coalitions are formed after an election but no government survives the fixed five-year parliamentary term. Votes of no confi- dence are the mechanism for replacing one opportunist coalition with another. By this device, Wingti was replaced by Rabbie Namaliu, who yielded to Wingti again, who was replaced by Chan, whose coalition collapsed in the wake of a bungled attempt to employ mercenaries (see below). After the 1997 election, Bill Skate — a gregarious accountant from Gulf Province, Governor of Port Moresby and cheerful opportunist — held a Cabinet together for nearly two years. -
Chapter 4: the Peace Negotiations and the Prospects for a Permanent
4 7KH3HDFH1HJRWLDWLRQVDQGWKH3URVSHFWV IRUD3HUPDQHQW3HDFH Introduction 4.1 In a statement to Parliament on 9 June 1999, the Minister for Foreign Affairs drew attention to the progress that had been made since the formal Bougainville peace process began in mid 1997: Although there will always be day-to-day problems and crises along the path towards a lasting peace, it is worth reflecting just how far the parties have come in barely two years since the peace process started. There has been no fighting during that time. Bougainvilleans are now going about their daily lives without fear and are travelling more widely on the island. The Bougainville economy is showing the first tentative signs of activity. That such considerable progress has been made is in large part a tribute to the commitment and flexibility personally demonstrated by Papua New Guinea's [then] Prime Minister, Bill Skate, as well as his government, most notably the [then] Minister for State, Sam Akoitai. It is also a tribute to all the leaders of Bougainville and, most particularly, to all Bougainvilleans. It is their peace process.1 4.2 Material in this chapter sets out the landmarks in the peace process since the first Burnham meeting, the successes and setbacks in the peace negotiations, and examines the issues still to be resolved by the parties. 1 Hon Alexander Downer MP, Minister for Foreign Affairs, House of Representatives Hansard, p. 5157. 64 Australia's role as a neutral observer of the process and significant contributor in the form of substantial official aid and facilitator of the dialogue, is also discussed. -
Papua New Guinea
Country Report July 2003 Papua New Guinea Papua New Guinea at a glance: 2003-04 OVERVIEW Papua New Guinea (PNG) will benefit from a sustained period of relative political stability, as the prime minister, Sir Michael Somare, is assured of a full five-year term, barring extraordinary circumstances. However, there is little prospect that his government will prove any more capable than its pre- decessors of overcoming PNG’s immense social and economic problems. The government’s finances are in disarray and it is in dire need of international financial support. Sir Michael will therefore be under pressure to implement domestically unpopular economic reforms. The economy will remain depressed in 2003, but there will be some positive developments in agriculture and mining that will contribute to economic growth in 2004. Key changes from last month Political outlook • Sir Michael maintains that his leadership is not under threat and that he will lead the governing coalition until the next general election in 2007. However, he plans to make controversial amendments to the constitution to protect further his tenure of office. Economic policy outlook • The government is struggling with a shortage of funds and has resorted to borrowing from domestic sources, which has pushed up Treasury bill rates to more than 20%, compared with around 10% in early 2002. However, a mini-budget is unlikely to be introduced. Economic forecast • According to preliminary data from the central bank, consumer prices increased by more than 20.7% year on year in the first quarter of 2003. The central bank has raised its benchmark interest rate in an effort to ease inflationary pressures. -
The South Pacific Judicial Conference Was Formulated in September 1970 by Chief Justice Crothers of the High Court of American Samoa
279 PROVIDING SUPPORT FOR INDEPENDENT JUDICIARIES AND CONSTITUTIONAL GOVERNMENTS Jon M Van Dyke* Since 1972, Chief Justices from Pacific island communities have met biennially at the Pacific Judicial Conference. These meetings have played a significant part in reinforcing the commitment to independent judiciaries and constitutional governments in the Pacific. This article describes the issues addressed by the meetings as well as the accomplishments of the Conference. It also highlights issues that still require attention. Les chefs de Cours du Pacifique se sont rencontrés de manière régulière depuis 1972 dans le cadre des Conférences Judiciaires du Pacifique. Ces rencontres ont joué un rôle important dans le renforcement de l’indépendance du pouvoir judiciaire et ont assuré la promotion de l’instauration de gouvernements démocratiques dans le Pacifique Sud. Cet article dresse le bilan des problématiques traitées lors de ces réunions et des résultats obtenus. I INTRODUCTION The first South Pacific Judicial Conference took place in Samoa in 1972, as a result of the ingenuity and perseverance of Donald C Crothers (Chief Justice of the High Court of American Samoa from 1968 to 1972), Barrie C Spring (Chief Justice of the Supreme Court of Western Samoa from 1966 to 1972), and Richard H Chambers (Judge of the US Court of Appeals for the Ninth Circuit from 1959 to 1994). Since then, the chief justices of the Pacific Island communities have met about every two years, and these meetings have played an important role in * Professor of Law, University of Hawaii. This paper has been written with the assistance of Jacquelyn Tryon Esser and Terrence Thornburgh, Class of 2009, William S. -
PNGCJE Updates - Special Edition Newsletter - May 2021
PNGCJE Updates - Special Edition Newsletter - May 2021 PNGCJE Updates Special Edition Newsletter 2021 PAPUA NEW GUINEA CENTRE FOR JUDICIAL EXCELLENCE 25 May 2021 An interview with the Chief Justice of Papua New Guinea Honourable Sir Gibuma Gibbs Salika, GCL, KBE, CSM, OBE PNGCJE Updates - Special Edition Newsletter - May 2021 Special Edition. May 2021 Copyright©2021 by Papua New Guinea Centre for Judicial Excellence All rights reserved. No part of this document may be reproduced in any form or by any electronic or mechanical means— except in the case of brief quotations embodied in articles/reports—without the written permission from its publisher. Visit us at http://pngcje.gov.pg Printed in Papua New Guinea. Also available in E-copy on http://pngcje.gov.pg 2 PNGCJE Updates - Special Edition Newsletter - May 2021 CONTENTS Abbreviations 4 Foreword 5 Editor’s Note 6 An Interview with the Honourable Chief Justice Sir Gibuma Gibbs Salika, GCL, KBE, CSM, OBE 7 - 8 An Interview with the Honourable Deputy Chief Justice Ambeng Kandakasi, CBE 9 - 11 An Interview with the Supreme and National Court Registrar Mr Ian Augerea 12 - 13 An Interview with the National Judicial Staff Service Secretary Mr Jack Kariko 14 - 15 Progressive Developments of PNGCJE in Pictures 16 - 20 About Us 21 3 PNGCJE Updates - Special Edition Newsletter - May 2021 ABBREVIATIONS ADR - Alternative Dispute Resolution AIJA - Australian Institute of Judicial Administration CBE - Commander of the Most Excellent Order of the British Empire CDS - Court Docketing System CJ - Chief -
The Failure of the Organic Law on the Integrity of Political Parties and Candidates
THE FAILURE OF THE ORGANIC LAW ON THE INTEGRITY OF POLITICAL PARTIES AND CANDIDATES The failure of the Organic Law on the Integrity of Political Parties and Candidates (OLIPPAC) Alphonse Gelu When the Organic Law on the Integrity of Political Alphonse Gelu is a lecturer in Parties and Candidates (OLIPPAC) was introduced it the Political Science Strand, promised a new beginning for Papua New Guinea School of Humanities and politics. Its task was to address the problem of political Social Sciences, University of instability and to strengthen the party system. Its Papua New Guinea. failure to do so has meant that political parties in Papua New Guinea are now worse off in terms of their leadership and membership in parliament. This paper discusses the major features of the OLIPPAC and its failures. Papua New Guinea established its political parties. The first indigenous democratic institutions and processes in political party—the Pangu Party— the 1950s and 1960s, beginning with a appeared in 1967 and contested the second Legislative Council established in 1951 House of Assembly elections, held in 1968. with an appointed majority. The House of The party was made up of young Papua Assembly was established in 1964, with an New Guineans and some Europeans indigenous majority elected by universal (Woolford 1976; Hegarty 1979; and Moore suffrage. This development was important and Kooyman 1998), their policies were because it enabled the people—who were considered radical because they called for still overwhelmingly influenced by better conditions and independence for traditional allegiances—to choose their Papua New Guineans. The United Party, leaders. -
Studies from Papua New Guinea / Edited by R
Policy Making and Implementation:Ê Studies from Papua New Guinea Policy Making and Implementation:Ê Studies from Papua New Guinea EDITEDB YR .J.MA Y State, Society and Governance in Melanesia Program in association with the National Research Institute, Papua New Guinea Studies in State and Society in the Pacific, No. 5 Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/policy_making_citation.html National Library of Australia Cataloguing-in-Publication entry Title: Policy making and implementation : studies from Papua New Guinea / edited by R. J. May. ISBN: 9781921536687 (pbk.) 9781921536694 (pdf) Notes: Includes index. Subjects: Policy sciences. Papua New Guinea--Politics and government. Other Authors/Contributors: May, R. J. (Ronald James), 1939- Dewey Number: 320.609953 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. Cover design by ANU E Press Printed by University Printing Services, ANU This edition © 2009 ANU E Press Table of Contents Acknowledgements vii Contributors ix Glossary xiii Chapter 1. Introduction 1 R. J. May Chapter 2. Explaining Public Sector Reform Failure: Papua New Guinea 9 1975–2001 Mark Turner and David Kavanamur Chapter 3. Public Sector Reform Since 2001 27 R. J. May Part 1. Sectoral Studies Chapter 4. Economic Policy Making 41 Satish Chand and Charles Yala Chapter 5. Policy Making in Agriculture 57 Bob McKillop, R. -
Papua New Guinea
Polity IV Country Report 2010: Papua New Guinea Score: 2009 2010 Change Polity: 4 4 0 Democ: 4 4 0 Autoc: 0 0 0 Durable: 35 Tentative: No SCODE PNG CCODE 910 Date of Report 1 September 2011 Polity IV Component Variables XRREG XRCOMP XROPEN XCONST PARREG PARCOMP 2 2 4 5 1 0 Date of Most Recent Polity Transition (3 or more point change) End Date Begin Date 16 September 1975 (Ind.) Polity Fragmentation: No Constitution 1975 Prime Minister Peter O’Neill (People’s National Congress Party); elected Executive(s) by parliament and appointed by the Governor-General, 2 August 2011 Unicameral: National Parliament (109 seats; 89 directly elected from open electorates, 20 from provincial electorates and national capital district; most recent elections, 30 June-14 July 2007) National Alliance Party (NAP): 27 Papua New Guinea Party (PNGP): 8 Legislature People’s Action Party (PAP): 6 United Resources Party (URP): 5 Pangu Pati/Papua New Guinea United Party (PANGU): 5 People’s Democratic Movement (PDM): 5 Other parties: 33 Non-partisans: 19 Nullified: 1 Judiciary Supreme Court Narrative Description:1 Executive Recruitment: Transitional or Restricted Elections (7) A constituency under Australia’s rule until 1975 when it gained independence, Papua New Guinea has an institutionalized tradition of parliamentary government, with regular elections that are relatively free and 1 The research described in this report was sponsored by the Political Instability Task Force (PITF). The PITF is funded by the Central Intelligence Agency. The views expressed herein are the authors' alone and do not represent the views of the US Government. -
Papua New Guinea at a Glance: 2001-02
COUNTRY REPORT Papua New Guinea At a glance: 2001-02 OVERVIEW The government has been making progress in implementing its economic reform programme. However, economic activity in all sectors has been fairly subdued in 2000. The EIU estimates real GDP growth of 2.9% in 2000 and forecasts 3.8% in 2001 and 7.0% in 2002. Economic activity will pick up in the next few years with the development of major minerals and gas projects. Growth will also be driven by stronger domestic demand as interest rates fall. Inflation remained high in 2000 but should fall in 2001 and 2002 as price stability becomes the primary focus of the Bank of Papua New Guinea (the central bank). The current account will remain in surplus in 2001 but will fall into deficit as imports of capital equipment for these projects rise significantly in 2002. The kina is steadily depreciating but should remain in an acceptably narrow trading range in 2001 and 2002 as capital inflows counterbalance the increasing demand for imports. Key changes from last month Political outlook • Sir Mekere Morauta has reshuffled his cabinet again in an attempt to rid the government of disloyal members. The former prime minister, Sir Michael Somare, was the latest casualty. He was dismissed for not voting with the government on the integrity bill. The bill was eventually passed by a vote of 84-0. Economic policy outlook • Changes to the tax regime for gas, oil and mining, announced in the 2001 budget should encourage new exploration and development in these areas. Economic forecast • We have revised downwards our estimate for GDP growth in 2000 from 4.1% to 2.9% following a decline in economic activity in all sectors.