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$LUNR3DSXDKWWS ZZZSDSXDEDUDWQHZV swaps in ministerial portfolios, the FRP replacement of two deputy prime min- Pembebasan PapuaKWWS SHPEHEDVDQ isters, and a constitutional blunder in SDSXDEORJVSRWFRP the reelection of the governor-general. In spite of the political rollercoaster, 3ROLWLN,QGRQHVLDKWWS ZZZ .politikindonesia.com the Somare government successfully thwarted numerous attempts by the Presiden Republik Indonesia. Opposition to remove Sir Michael KWWS ZZZSUHVLGHQULJRLG Somare as prime minister, thus making Radio Republik Indonesia. the government more confident than KWWS ZZZUULFRLG ever to assert its grip on power until Rakyat Merdeka. Daily. Jakarta. Online at the national elections in 2012. It was KWWS ZZZUDN\DWPHUGHNDFRLG also a year of legal battles and protests on controversial constitutional amend- 5HSXEOLNDFRLGKWWS ZZZUHSXEOLND FRLG ments and environmental issues. The concerned public, landowner groups, Sekretariat Kabinet Republik Indonesia. and nongovernmental organizations KWWS ZZZVHWNDEJRLG have become a fortified mouthpiece of Suara Pembaruan. Daily. Jakarta. Online the people on issues of human rights, DWKWWS ZZZVXDUDSHPEDUXDQFRP equality, environment, and the consti- Survival: The Movement for Tribal tutionality of amendments to laws that 3HRSOHVKWWS ZZZVXUYLYDOLQWHUQDWLRQDO 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 LQ7DQDK3DSXDKWWS WDEORLGMXELFRP groups showed the government and resource companies that they are a 7DQDKNX:HVW3DSXDKWWS ZZZWDQDKNX force to be reckoned with concern- ZHVWSDSXDQO ing the legality of laws and decisions tempoLQWHUDNWLIKWWS ZZZ made by the government that have the WHPSRLQWHUDNWLIFRP potential to affect the welfare of com- Vanuatu Daily Post.3RUW9LOD2QOLQHDW munities. KWWS ZZZGDLO\SRVWYX The event that galvanized the vhrPHGLDFRPKWWS ZZZYKUPHGLDFRP nation in the early part of the year was the prison “walkout” of the vivaQHZVFRPKWWS YLYDQHZVFRP country’s most-wanted bank robber, West Papua Media Alerts. William Kapris, on 12 January from KWWS ZHVWSDSXDPHGLDLQIR the maximum-security unit of the country’s top prison, Bomana, outside of Port Moresby. Kapris was involved Papua New Guinea in a string of million-kina bank robberies in the Gulf and Madang It was another year of political drama provinces. (One kina equals approxi- for Papua New Guinea. The year mately us$0.39.) He was released by was dominated by shifts in political a woman pretending to be a human allegiances, changes in political camps, rights lawyer who entered the maxi- 492 the contemporary pacific 23:2 (2011) mum-security unit. He was recaptured August, Minister Aimo was consider- on 5 February in a Port Moresby ing the option of recruiting an expatri- guesthouse and claimed in a police DWHWRKHDGWKH&RUUHFWLRQDO6HUYLFH video interrogation to have close ties DV&RPPLVVLRQHU6LNDQLªVFRQWUDFW to certain politicians and the Asian was expiring. This proposition also triad in the country. He also claimed received criticism from the president to have links to Minister for Treasury of the Public Employees Association, and Finance Patrick Pruaitch, Minister Michael Malabag (Post Courier, 12 IRU&RUUHFWLRQDO6HUYLFH7RQ\$LPR Aug 2010). and Deputy Speaker of Parliament At the end of February, outspoken Francis Marus, all of whom are from 1DWLRQDO&DSLWDO'LVWULFW ncd) Gov- the same province as Kapris. ernor Powes Parkop launched his new With these insinuations, the pris- political party, the Social Democratic oner received high-level visits to his Party. About 1,000 people registered prison cell from the police commis- with K100 each as foundational sioner and the then minister for justice members. Parkop had run for election and attorney general, Dr Allan Marat. in 2007 as an independent candidate It was alleged that Kapris was the with no political party affiliation. most expensive prisoner, due to the The Maladina Bill, introduced costs involved in capturing him as well in May 2009 by Esa‘ala mp Moses as the security provided to prevent any Maladina for a constitutional amend- further escape attempts. His escape led ment to remove the powers of the WRWKHVXVSHQVLRQVRI&RUUHFWLRQDO6HU- 2PEXGVPDQ&RPPLVVLRQUHPDLQV YLFH&RPPLVVLRQHU5LFKDUG6LNDQLDQG one of the most controversial constitu- Minister Aimo. Both the commissioner tional amendments, attracting protests and the minister were later reinstated from wide segments of the community. after investigations cleared them of all Despite the outbursts, on the second allegations. reading of the bill on 9 March, Parlia- Frequent jailbreaks have become ment voted 83 to 0 to amend sec- an increasing public-safety concern tion 27(4 RIWKH31*&RQVWLWXWLRQ and questions have been raised as The passing of the amendment will WRWKHFDSDFLW\RIWKH&RUUHFWLRQDO effectively disallow the Ombudsman Service to manage the country’s prison &RPPLVVLRQIURPLVVXLQJGLUHFWLYHV system. In what was seen as a startling to prevent payment from public funds response to the situation, Minister to officeholders if it feels there are Aimo announced his decision to use improprieties. k9PLOOLRQWREX\JXQVIRUWKH&RUUHF- tipng and concerned individuals tional Service. The announcement was and organizations have gone on the immediately condemned by Trans- campaign trail to try and stop Parlia- parency International PNG (tipng), ment from voting for the amendment which argued that the community on the third and final reading. They must be satisfied that this expenditure say the changes will take away the will result in improvements in the per- watchdog’s ability to stop politicians IRUPDQFHRIWKH&RUUHFWLRQDO6HUYLFH and public officeholders from wasting (Post Courier, 8 Oct 2010). Earlier in public money and make it even harder pol i t ical reviews melanesia 493 to investigate leaders suspected of mis- office, schools, and the nearby mine conduct in office. On 4 May, tipng, resigned en masse in fear of their lives. WKURXJKWKH&RPPXQLW\&RDOLWLRQ There were also concerns about essen- $JDLQVW&RUUXSWLRQ ccac), delivered tial businesses closing down as Sepiks a petition to Parliament on these pro- were forced to leave (Islands Business posed changes, urging politicians to 2010). People from other provinces vote against the Maladina amendment and those married to Sepiks were also (The National, 26 April 2010). The caught in the crossfire of the unrest government decided to defer the final (Post Courier, 6 Sept 2010). reading and to give the Parliamen- To resolve the ethnic conflict, the WDU\&RPPLWWHHRQWKH2PEXGVPDQ government is planning to resettle &RPPLVVLRQWLPHWRUDLVHDZDUHQHVV some Sepiks in other parts of Morobe This was decided after protest marches Province, some in other provinces, and were held in Port Moresby and Lae. others in East Sepik Province. To date, However, Prime Minister Somare the government has not yet started the ODVKHGRXWDWWKH2PEXGVPDQ&RP- process of relocation, and concerns mission, nongovernmental organiza- are increasing for the safety of these tions, civil society groups, and the people. There are growing concerns, media for leading the public to believe particularly from nongovernmen- that the Parliament intends to overrule tal organizations and international the constitution and remove powers of organizations providing humanitarian WKH2PEXGVPDQ&RPPLVVLRQ6RPDUH aid, that the relocation of Sepiks is a said that the amendments will not in forced resettlement and against their any way remove the powers of the basic human rights. Most of these 2PEXGVPDQ&RPPLVVLRQEXWUDWKHU people are no longer from Sepik and will define the commission’s responsi- are descendants of intermarriages with bilities (The National, 5 May 2010). locals and people from other provinces The bill has yet to go through its third residing in the area. and final reading. &RXUWFDVHVRQHOHFWLRQSHWLWLRQV Hostility toward people of Sepik seem to have persisted, while the date origin in the township of Bulolo in for the next national elections is less Morobe Province in May left about than two years away. In April, the 4,000 people homeless and without 6XSUHPH&RXUWGHFODUHG7RP2OJD food and other basic needs (The as the duly elected member of the National, 19 May 2010). The Sepiks, Western Highlands regional seat after whose forebears initially migrated to a relentless court battle over the seat Bulolo in the 1950s to work at one with former Prime Minister Paias of the first gold mines in Papua New Wingti. Mr Olga appeared to be the Guinea, are now third- and fourth- winner after scoring the highest num- generation residents of the area. The ber of votes on three occasions: after conflict has resulted in a humanitar- the 2007 national general elections, ian crisis with serious threats to the after the first recount ordered by the health, security, and well-being of 1DWLRQDO&RXUWDQGDIWHUWKHIXUWKHU the people. More than 400 Sepiks UHFRXQWRUGHUHGE\WKH6XSUHPH&RXUW employed in the Bulolo bank, post (Post Courier, 20 April 2010). The 494 the contemporary pacific 23:2 (2011) court decision resolves the question need to be resources and political about who will represent Western support in place, a dedicated roll- Highlands Province in Parliament and management unit, and, in the long finally puts to rest the tussle for the term, a national identification card seat of governor, as provincial mem- system that would also facilitate vot- bers of Parliament also serve as gover- ing and significantly reduce electoral nors for their respective provinces. IUDXG7KH(OHFWRUDO&RPPLVVLRQ In June, the member for Wewak, was also cautioned about too quickly National Alliance candidate Jim adopting electronic voting solutions Simatab, was ousted from Parliament in a country with a vast geographical by petitioner Dr Moses Manwau landscape that can test the durabil- following a successful review in the ity of electronic equipment (Ladley, 6XSUHPH&RXUW0DQZDXILOHGDSHWL- Holtved, and Kantha 2010). tion against Simatab’s election and On 246HSWHPEHU(OHFWRUDO&RP- WKH(OHFWRUDO&RPPLVVLRQIRUFRXQW- missioner Andrew Trawen in the clos- ing votes from a disputed ballot box, ing of an election managers’ workshop because the box’s inner and outer seals stated that it will cost the State a total had been damaged. This concern was of k230 million to update the electoral raised with the East Sepik Election roll before the 2012 national elections. 6WHHULQJ&RPPLWWHHZKLFKUHFRP- The sharp increase from k127 mil- mended these ballots not be counted. lion in 2007 was necessary due to the The committee also decided that the increase in population, and specifically then returning officer Martin Maingu the number of people who will turn should be removed. However, Maingu eighteen before 2012 (Post Courier, went ahead with the counting of votes 27 Sept 2010). from the disputed ballot box (Post Toward the end of May, the Envi- Courier, 25 June 2010). Manwau ronmental Act Amendment Bill was was declared as the new member for seemingly rushed through Parliament Wewak open electorate when the dis- in what was seen as a rarely adopted puted ballot box was excluded from procedure. The government, using its the counting. majority, waived the twenty-one-day It is widely recognized that PNG requirement for circulation of amend- elections are difficult to manage given ment bills to members and pushed the problems of violence, election the amendment through. The 73 to 0 administration, and inflated electoral vote effectively outlawed third-party rolls, to name a few. These problems lawsuits against resource projects in KDYHFRPSHOOHGWKH(OHFWRUDO&RP- Papua New Guinea (The National, mission to consider the possibility of 31 May 2010). Outspoken ncd introducing electronic voting in future Governor Powes Parkop criticized elections. As for the next national the bill, saying that the new amend- election in 2012, the electoral roll will ments allowed investors to bypass due be the highest priority of the Electoral process and obtain from the director, &RPPLVVLRQ$UHSRUWSXEOLVKHGE\ who is the secretary of the Department the National Research Institute argues RI(QYLURQPHQWDQG&RQVHUYDWLRQ that to minimize these problems there a certificate that is absolute proof of pol i t ical reviews melanesia 495 compliance with all environmental tioned that the government stance laws, processes, and standards. This is that any legitimate grievances or in effect vests absolute power in one redress should be sought through a person, a big concern because the law 6XSUHPH&RXUWLQWHUSUHWDWLRQRIWKH also attempts to remove the court’s new laws and not through a repeal of authority to review the exercise of the law in Parliament (Post Courier, such power (Post Courier, 3 June 24 June 2010). 2010). In another contentious environ- The amendment to the Environ- mental case, the court in Madang mental Act presented to Parliament Province ruled that the work on the received widespread condemnation, Ramu Nickel Mine’s deep-sea tailings SDUWLFXODUO\IURPODQGRZQHUV&RP- disposal system had to be stopped. munity leaders want the government The court ruled in favor of a group to withdraw the bill, which they think of landowners and refused injunction will bar resource owners from taking DSSOLFDWLRQVIURPGHYHORSHU&KLQHVH HQYLURQPHQWDOLVVXHVWRFRXUW&RP- 0HWDOOXUJLFDO&RUSRUDWLRQ*URXS munity leaders fear that the bill will (mcc) and the Mineral Resources trigger civil unrest if resource own- Authority. The developer could con- ers cannot hold companies liable for struct the system on land but would environmental damage, and they cited not be allowed to disturb the offshore examples from other mines such as environment in any way. Misima, Ok Tedi, and Bougainville The landowners’ main intention &RSSHU0LQH Post Courier, 11 June is to permanently stop the state and 2010). MCC from going ahead with prelimi- The justifications for the legislation nary preparations at the mine without and the way it was bulldozed through having in place, and having available Parliament also led Sumkar mp Ken to all parties concerned, a reliable Fairweather, a member of the People’s environmental impact assessment 1DWLRQDO&RQJUHVVSDUW\WRZLWKGUDZ report. The landowners claimed that his support for the government, saying the environmental permit that was that he did not like the changes to issued by the Department of Environ- the environmental law because they PHQWDQG&RQVHUYDWLRQZDVJUDQWHG would take away the rights of the under the repealed Environmental people to seek justice over the use of Planning Act. They claimed that even their land. According to Fairweather, the State relied on an environmental under the bill the director’s decision impact assessment report done by mcc on environmental permits and related to issue the permit, when it should issues is final and cannot be reviewed have engaged an independent body or challenged in any court or tribunal to do the report. The landowners (The National, 22 June 2010). Envi- wanted mcc to fund an independent URQPHQWDQG&RQVHUYDWLRQ0LQLVWHU environmental impact assessment of Benny Allen declared in Parliament on the deep-sea tailings placement system. June 23 that, for the sake of “national They wanted all defendants to provide interest,” the government is not going environmental plans and approvals to repeal the amendment. He men- and related documents concerning the 496 the contemporary pacific 23:2 (2011)
Ramu Nickel project (The National, ments. The naca was established in 19 April 2010). A landowner group 2004 with the board comprising chief aligned with the mcc claimed that executive officers or heads of key gov- lawyer Tiffany Nonggorr and the ernment departments. It was reported four landowners she represents were that with the resurrection of the attempting to impede development board, other major allegations involv- from taking place and benefiting the ing corruption would be scrutinized people. They demanded that Nong- by the body and investigations would gorr provide alternative development be carried out with prosecutions (Post initiatives to the people of the affected Courier, 22 June 2010). area. Once the previously mentioned Meanwhile, as with previous amendments were passed, the Ramu reports, the 800-page report of the Nickel mine in Madang was assured &RPPLVVLRQRI,QTXLU\SUHVHQWHGWR of the ability to operate without threat Somare in November 2009, which of lawsuit. looked into financial mismanagement In early May, Minister for Justice and corruption at the Department of and Attorney General Dr Allan Marat Finance and implicated prominent was bluntly told by Prime Minis- government officials and members ter Somare to leave the government of Parliament, seemed forgotten (see caucus meeting in Parliament and Kantha 2010, 456). Two prominent resign as minister. This resulted from lawyers, Paul Paraka and former public statements made by Marat to 6ROLFLWRU*HQHUDO=DFKDU\*HOXZKR the media that landowners would only were adversely referred to in the final get crumbs from the liquefied natu- report, also took out a court injunc- ral gas (lng) project, and also from tion gagging the media from publish- comments made against the Ramu ing anything about the final report Nickel mine project and the controver- (Post Courier, 8 March 2010). sial Maladina Bill. After his sacking, The cabinet in June endorsed Marat and his Melanesian Liberal a review of existing laws relevant Party were immediately invited by Bart to prostitution and unnatural sex Philemon to join the Opposition, of offences to be undertaken by the which Philemon is deputy leader (The &RQVWLWXWLRQDODQG/DZ5HIRUP&RP- National, 5 May 2010). The member mission (clrc). The National Execu- for Rigo, Ano Pala, was appointed WLYH&RXQFLO nec) on 1 June noted to replace Marat as attorney general. the content of a policy submission by Pala was himself replaced in December 0LQLVWHUIRU&RPPXQLW\'HYHORSPHQW E\IRUPHU&KLHI-XVWLFHDQG0DGDQJ 'DPH&DURO.LGXDQGLQVWUXFWHG Governor Sir Arnold Amet, just before the attorney general and minister for Somare was referred to the leadership justice to refer the criminal laws and tribunal. Pala was transferred to the other relevant matters to the clrc Ministry of Agriculture. for review. Dame Kidu’s submission It was reported that the government sought nec approval to strengthen in June revived the National Anti- Papua New Guinea’s response to the &RUUXSWLRQ$OOLDQFH naca) to investi- hiv/aids epidemic and simultaneously gate corruption in government depart- proposed a review of criminal laws pol i t ical reviews melanesia 497 on sex work and consensual male-to- province and landowners. He argued male sex from the perspective of social that the province must gain the same and public health implications (Post form of autonomy as Bougainville Courier, 25 Oct 2010). As anticipated, since the national government can- Dame Kidu did not receive the back- not be trusted and bureaucracy is not ing of the community and women’s disciplined (Pacific Islands Report, 23 groups but rather criticism on the March 2010). changes to sex laws. These groups The acting chief secretary to the argued that Papua New Guinea has a JRYHUQPHQW0DQDVXSH=XUHQXRF strong traditional Melanesian culture announced in June that East New DQGLVIRXQGHGRQ&KULVWLDQSULQFLSOHV Britain Province would be the first and that the review would promote province to gain autonomy under the unethical sexual practices such as National Power Sharing and National homosexuality and prostitution rather Framework Policy. The policy is being than counter the hiv/aids epidemic. finalized and will be tabled in Parlia- Also in June, by an overwhelming ment. Under the autonomy proposals majority, the people of the Autono- by East New Britain and New Ireland, mous Region of Bougainville elected both provinces will gain increased as their new president John Momis, a functions and responsibilities for IRUPHU&DWKROLFSULHVWQDWLRQDOSROLWL- service delivery. The national govern- cian, and ambassador. Momis replaced ment will help provincial governments incumbent James Tanis. After being to identify these responsibilities by declared the winner of the presiden- creating a list of joint functions before tial election, Momis mentioned that negotiating through its departments he will work toward completing the which functions are to be transferred arms-disposal program in the autono- to provincial governments (The mous region and will look at other National, 16 June 2010). ways of generating revenue to finance ,Q-XO\WKH6XSUHPH&RXUWUXOHG much-needed public services and infra- that certain sections of the Organic structure (The National, 9 June 2010). Law on the Integrity of Political Par- The government’s failure to honor WLHVDQG&DQGLGDWHV olippac) were commitments under the 1995 memo- null and void. The court decision randum of agreement with Lihir Gold enabled votes of no confidence to be Mine has compelled the New Ireland introduced in Parliament if a majority Government to consider options for of the parties decide to vote against autonomy. Former Prime Minister and the prime minister (Post Courier, 1HZ,UHODQG*RYHUQRU6LU-XOLXV&KDQ 8 July 2010). The ruling was on five shared the sentiment with provincial central issues relating to members’ leaders that under the current and democratic rights or choices (1) to previous governments the province resign from their political parties; has not improved, in spite of fifteen (2) to vote for a prime minister; (3) years of Lihir Gold mining and three to remove a prime minister in a vote years of Simberi mining projects, of no confidence; (4) to vote on a which were supposed to result in some national budget; and (5) to vote to us$157 million in entitlements for the enact or repeal a constitutional law 498 the contemporary pacific 23:2 (2011)
(The National, 8 July 2010). The Opposition against the prime minister, ruling was welcome news for the have infuriated the Opposition and Opposition, who were anxious to certain segments of the society, who oust Somare, and they wasted no time have labeled the practice tantamount in instituting votes on no-confidence to dictatorship. motions in the parliamentary sittings Business houses in Papua New that followed. Guinea also expressed their fear of There were also concerns that a change in government that might WKH6XSUHPH&RXUWGHFLVLRQPLJKW derail achievements in the economy decrease political stability, which is made in the last eight years. President necessary for economic growth. The RIWKH31*&KDPEHURI&RPPHUFH Registrar of the Office of the Integrity and Industry John Leahy expressed RI3ROLWLFDO3DUWLHVDQG&DQGLGDWHV that they were not concerned about &RPPLVVLRQZDUQHGRILQVWDELOLW\ who became prime minister, as long due to certain sections of the olippac as the positive gains that the country being thrown out by the court. He made over the years were not slowed added that nobody wanted to go back down (Post Courier, 12 July 2010). to the experience from 1975 to 1999 Despite the setback they faced in where frequent changes of govern- November 2009 when a bill reserv- ment were a nightmare that led to the ing seats for women representatives in adoption of olippac in 2001. While Parliament failed to pass (see Kantha welcoming the ruling, Somare warned 2010), women mobilized and pushed that the effect of this decision could their local members to reintroduce the send the country back to the days motion in Parliament’s July sitting. when political parties focused on stay- The bill was revised to require twenty- ing in office rather than on promoting two reserved seats for women, con- development (Post Courier, 8 July trasted with the three seats called for 2010). in the initial bill. Women leaders from A National Research Institute the provinces flocked in numbers to report published in September suc- Port Moresby to show their solidarity cinctly summarizes the problems for the bill championed by Minister caused by frequent votes of no con- IRU&RPPXQLW\'HYHORSPHQW'DPH fidence prior to the implementation &DURO.LGX:KHQ3DUOLDPHQWPHWLQ of the olippac. For instance, the July, the women were again upset that no-confidence votes have reduced the bill did not get a mention, and the average lifespan of governments Parliament was adjourned until May to two-and-a-half years and affected 2011. The women, led by Dame Kidu, the ability of governments to concen- accused members of Parliament and trate on the delivery of services. The Prime Minister Somare for not doing adjournment of Parliament to avoid enough to influence other members to votes of no confidence has also been support the bill. The more distraught a common practice (Gelu 2010, 157). women vowed to campaign against This tactic, along with the Speaker their representatives in the next of Parliament refusing to entertain election. motions of no confidence from the The Ministry of Finance and pol i t ical reviews melanesia 499
Treasury was taken over by mp Peter WKH3DFLILF0HGLFDO&HQWUH7KHVXE- O’Neil when Patrick Pruaitch was mission, according to the documents, suspended from office in a Supreme KDGEHHQPDGHE\0LQLVWHU=LEHRQ &RXUWUXOLQJ7KHUXOLQJZDVLQUHOD- 23 June at the direction of the prime tion to an appeal by Pruaitch against minister and it did not include the his referral to a leadership tribunal by medical center. WKH2PEXGVPDQ&RPPLVVLRQLQ-XO\ However, when the submission 2009 over allegations of misconduct went to the cabinet, the NEC decided in office. to divert the funds earmarked for The health sector also had its share medical equipment replacement of controversy. The proposal of the (k81,645,500), static plant equip- government to build a “super hos- ment replacement (k17,430,000), pital” known as the Pacific Medical and the health nationwide institu- &HQWUH pmc) outside of Port Moresby tional housing development project to cater especially to foreigners in the (k124,900,000). According to the lng project generated mixed reactions time frame, the pmc development from the public, health practitioners, funding is scheduled for 2011–2013 DQGGRFWRUVDOLNH&RQFHUQVZHUH (Post Courier, 1 Sept 2010). National raised over the government’s divert- Planning Minister Paul Tiensten said ing the health budget to a project that the government was ready to go into will only benefit foreigners and the a private-public partnership arrange- few locals who can afford the services. ment to see the state-of-the-art facility Given the dire situation faced by hos- built in the region. He confirmed that pitals and health centers throughout companies like ExxonMobil and Oil the country, there were also concerns Search wanted the facility to cater regarding the diversion to the medical to its workers in the country instead center of health funds budgeted for of flying them to Australia (The priority areas. National, 22 Sept 2010). The fears of the public came true The Trafficking in Persons Report, when it was reported on 1 September published by the US Department of that money earmarked for the much- State in June 2010, states that Papua needed work at the provincial hos- New Guinea is a source, destination, pitals was being diverted to the new and transit country for people sub- super hospital. According to National jected to human trafficking, specifi- ([HFXWLYH&RXQFLO nec) documents, cally forced prostitution and labor. the funds were to redevelop three key The report rates Papua New Guinea infrastructure items: medical and static as a Tier 3 country whose government plant equipment and priority health is not doing much to deal with the institutional housing. The nec submis- issue. In September, the Department of sion from the Health Minister Sasa Justice and Attorney General worked =LEHVKRZHGWKDWk230.4 million of in partnership with the International the k800PLOOLRQLQ&KLQHVHJUDQWVWR Organization for Migration to pres- support public hospital infrastructure, ent a bill on people smuggling and equipment, and staff housing was human trafficking in a workshop in diverted to fund the construction of Port Moresby. These offenses will now 500 the contemporary pacific 23:2 (2011) be included in an amendment to the Belden Namah, the leader of the criminal code (The National, 4 Oct 31*3DUW\DQGPHPEHUIRU9DQLPR 2010). Green, vowed to support Anjo with a Since Papua New Guinea’s inclu- legal team for his case. However, the sion in the Pacific Seasonal Work- accusations against Somare did not ers Scheme in 2008, there were no proceed far and never resulted in any concrete developments until October formal charges against Somare and 2010 when the government allocated /DG\9HURQLFD$QMRªVDFFXVDWLRQV k5.8 million to fund the scheme. Then were reported to police more than Minister for Foreign Affairs, Trade a year after the alleged incident and and Immigration Sam Abal announced were seen as opportunistic in collusion that the nec had approved the with the Opposition to bring down memorandum of understanding and Somare. the facilitation agreements between In a dramatic turn of events in Papua New Guinea and Australia to December, Somare temporarily pave the way for the scheme to kick stepped aside from his political post, off. The government had approved the several hours after Acting Public funding from previous savings as well Prosecutor Jimmy Wala Tamate as the 2011 budget appropriations DVNHG&KLHI-XVWLFH6LU6DODPR,QMLD to manage the program. Abal added to appoint a tribunal to investigate that the scheme would foster goodwill allegations that the prime minister had and further strengthen the bilateral failed to file his annual returns and ties between Papua New Guinea and had filed them late or incompletely on Australia, including people-to-people numerous occasions since 1994 (see relations (Post Courier, 15 Oct 2010). Kantha 2009, 365). This will be the In a shocking revelation in Novem- first time in the history of the country ber, Noel Anjo, activist and chair- that a prime minister is referred for PDQRIWKH&LYLO6RFLHW\&RDOLWLRQ allegations of misconduct in office. Partners who was instrumental in the While announcing that he was step- anti-Asian riot in 2009 (see Kantha ping aside, Somare appointed Minister 2010, 452–453), alleged that Somare for Foreign Affairs, Trade and Immi- had ordered him kidnapped and gration Sam Abal as acting prime min- brought to Somare’s residence where ister instead of Deputy Prime Minister the prime minister and his wife, Lady Don Polye. The Opposition immedi- 9HURQLFDKDGDVVDXOWHGKLP$QMR ately criticized Somare for overlooking also joined the Opposition members Polye, who was the third person to of Parliament in a press conference hold the deputy prime minister’s post where he revealed that the kidnapping in 2010. Acting Prime Minister Abal allegedly took place on 16 February took over the reins and assured busi- 2009. The government immediately nesses and the people of Papua New accused the Opposition of trying to Guinea that the government was intact destabilize the government and asked and all policies and programs devel- WKH2PEXGVPDQ&RPPLVVLRQWR oped over the last eight years would investigate the conduct of Anjo as an be implemented. Somare returned activist (Post Courier, 15 Nov 2010). after four weeks of “holiday” to take pol i t ical reviews melanesia 501 the helm from Acting Prime Minister rectional Service are all from the prime Abal after a delay in the appointment minister’s province of East Sepik (Post of a tribunal. Courier, 12 Nov 2010). The police force was also beset &RPSHQVDWLRQFODLPVDJDLQVWWKH with problems and faced an allegiance State have been one of the major FULVLVZKHQ3ROLFH&RPPLVVLRQHU*DUL impediments to development in Papua Baki was suspended by the govern- New Guinea. The government has ment for allegedly misleading the nec over the years paid millions of kina as in requesting k10 million for opera- compensation, sometimes to unreason- tions at the lng project sites. Baki’s able claims. It was reported in Novem- longtime rival Anthony Wagambie, ber that Parliament would entertain a who was suspended earlier by Baki proposed law to do away with claims for alleged misconduct, was appointed against the state. This is the first time acting police commissioner. Wagam- a PNG government has taken steps to bie immediately made changes to legislate claims against the State for the key positions within the police damages, and it seeks to amend rights hierarchy, including appointing ncd and freedom provisions of the consti- Metropolitan Superintendent Fred tution to deal with the problem. It was Yakasa as his deputy and chief of reported that the government is push- operations. There were fears that the ing the bill through Parliament under suspension of Baki and the appoint- the auspices of maintaining greater ment of Wagambie would factionalize public welfare and public order as the police force, thus affecting police stipulated under the constitution. performance and putting public safety There were also a number of high- at risk. level visits to Papua New Guinea by Baki described his suspension as foreign dignitaries. US Secretary of “improper, morally and ethically 6WDWH+LOODU\&OLQWRQILQDOO\YLVLWHG wrong.” He said that the government Port Moresby on 3 November after a had a national responsibility and that planned trip in January was cancelled the request for k10 million was to due to the earthquake in Haiti. In her support police operations in the lng NH\PHVVDJH6HFUHWDU\&OLQWRQUHDI- areas and to avoid leaving the respon- firmed the United States’ commitment sibility to the developer of the lng to help Papua New Guinea avoid the project, ExxonMobil. Baki described “resource curse” by building insti- his suspension as politically motivated tutional capacity to govern revenue and accused the government of using from its natural resource extraction. politics to destroy the police force. “Thanks to your abundant natural 9DQLPR*UHHQmp Belden Namah resources, Papua New Guinea has the accused the prime minister of tribalism opportunity . . . to become a strong and said that Somare had placed the regional leader. . . . but there will have country’s national security and sover- to be a commitment to good gover- eignty under serious threat by tribal- nance and accountability and trans- izing the nation’s forces. The new parency. . . . The United States stands police commissioner and the heads of ready to help translate your country’s WKH31*'HIHQFH)RUFHDQGWKH&RU- natural resources into widespread 502 the contemporary pacific 23:2 (2011)
SURVSHULW\¨VDLG&OLQWRQ6KHVDLG the government’s favored candidate. WKH(QHUJ\*RYHUQDQFHDQG&DSDFLW\ It was alleged that Matane’s reelec- Initiative would seek to bolster institu- tion was a constitutional blunder due tional capacities related to governance, to numerous breaches of the election revenue management, and technical process. According to lawyer Dr John FDSDELOLWLHV &OLQWRQ2010). Nonggorr, the open ballot breached During her six-hour visit, Secretary section 88(2) of the constitution, &OLQWRQDQQRXQFHGWKDWWKH8QLWHG which states that “a decision of the States will give more than us$100 Parliament to nominate a person for million in climate-related funding appointment as governor-general shall to developing small island nations be made by a simple majority vote, in worldwide. Of this amount, more than an exhaustive secret ballot conducted us$21 million will be targeted specifi- in accordance with an Organic Law” cally for climate adaptation programs (Post Courier, 29 June 2010). and projects in Pacific Island countries 7KH6XSUHPH&RXUWVLPLODUO\UXOHG RYHUWKHQH[WWZR\HDUV&OLQWRQDOVR that Speaker Jeffery Nape breached paid tribute to Papua New Guinean section 88(2) of the constitution when Thomas Maniwavie, who has com- he did not allow Parliament, through mitted his life to the protection and a simple majority, to vote for the new preservation of mangroves. The visit governor-general, nor did he allow was also a boost for women pushing other candidates to be considered for for the twenty-two reserved seats in nomination from the floor. Nape had Parliament. also breached section 95(4) of the Earlier in March, Indonesian Presi- constitution by exercising the powers, dent Dr Susilo Bambang Yudhoyono functions, duties, and responsibili- paid a two-day visit to Somare in Port ties of the Speaker when he was, by Moresby. On the occasion of the visit, virtue of section 95(2)(a), the acting Papua New Guinea and Indonesia governor-general. As a consequence VLJQHGD'HIHQVH&RRSHUDWLRQ$JUHH- of the serious nature and extent of the ment, a Double Taxation Agreement, Speaker’s breaches of the constitution, and Letters of Exchange in Agriculture and the circumstances in which they (The National, 12–14 March 2010). were committed, all proceedings of The two leaders also discussed issues Parliament on 25 June over the nomi- of climate change, regional stability, nation of the next governor-general, and Indonesia’s support of the PNG including all votes, decisions, deter- effort to become a full member of minations, rulings, and declarations, the Association of Southeast Asian were declared unconstitutional and Nations (asean). invalid (The National, 13 Dec 2010). Although the governor-general has The court explained that at mid- no decision-making power and merely night on 26 May when Sir Paulias’s plays a symbolic role as the repre- six-year term expired, Nape automati- VHQWDWLYHRIWKH4XHHQRI(QJODQG cally took over as acting governor- signing government appointments to general by operation of law; no formal formalize them, the position became advice or instrument of appointment politically contentious in the reelec- had to be in place. From then until a tion of Sir Paulias Matane, who was new governor-general was appointed, pol i t ical reviews melanesia 503
Deputy Speaker Francis Marus was to tive, executive, and judicial arms of take charge of all parliamentary pro- government. ceedings. However, according to the In summary, the year 2010 was court, this did not happen. Nape had mired by several major political remained Speaker and did not perform episodes: Parliament adjourned any of the powers, functions, duties, frequently and the Speaker refused or responsibilities of the acting gov- to entertain votes of no confidence ernor-general (The National, 13 Dec against the prime minister. The 2010). The Speaker would only be Opposition was determined to remove relieved of this obligation (which the prime minister by using every would then be designated to the chief parliamentary sitting since the annul- justice) if he was on leave, absent from ment of the provisions of the olippac, the country, or out of reach of speedy and often proposed members with- and effective communication. There out solid background as alternative is no evidence that any such circum- prime minister. Ministerial portfo- stances existed. lios were constantly being swapped 7KH6XSUHPH&RXUWUHDVRQHGWKDW and the deputy prime minister was if it did not give such orders, there frequently replaced. While the olip- would be uncertainty, confusion, and pac has significantly prevented party too many unanswered questions, such hopping, there appears to be a need as what action should the Parliament for a similar mechanism to prevent or take next? What is the status of the at least minimize changes in minis- incumbent governor-general? What is terial portfolios and departmental the status of the Speaker? (Post Cou- heads, as appointments are currently rier, 17 Dec 2010). subject to the whims of the prime On 10 December, the Supreme minister. There seems to be a strong &RXUWUXOHGWKDWWKHHOHFWLRQRI6LU preference for foreign investment over Paulias Matane as governor-general landowner rights and environmental on 25 June was unconstitutional and protection, and the government must instituted a forty-day directive for be cautious when it comes to account- Parliament to elect a new governor- ability and liability issues for environ- general. (The Opposition took mental catastrophes resulting from the opportunity to announce their negligence. On the plus side, there is a intention to institute a motion of no dynamic participation of nongovern- confidence against the prime minister mental organizations, interest groups, when Parliament resumed to elect women’s groups, and youth groups the governor-general.) The govern- in debate on political issues and laws ment sought legal advice on whether passed by Parliament. The involve- WKH6XSUHPH&RXUWKDGWKHSRZHUV ment of these groups is vital to the to order Parliament to meet within scrutiny of government and the main- forty days for this election. Public tenance of democracy and must con- Services Minister Moses Maladina tinue to ensure that the government said that it was proper for the govern- does not arbitrarily use its powers. PHQWWRJREDFNWRWKH6XSUHPH&RXUW solomon kantha and seek its clarification on separa- tion of powers between the legisla- 504 the contemporary pacific 23:2 (2011)
The views expressedLQWKLVUHYLHZ US Department of State. 2010. Trafficking DUHWKRVHRIWKHDXWKRUDQGGRQRWUHS- in Persons Report. Washington, dc: United UHVHQWWKRVHRIKLVHPSOR\HUWKH,QWHU- States Department of State. QDWLRQDO2UJDQL]DWLRQIRU0LJUDWLRQ
Solomon Islands References 7KH&RDOLWLRQIRU1DWLRQDO8QLW\DQG &OLQWRQ+LOODU\2010. Remarks with Rural Advancement (cnura) govern- Papua New Guinea Prime Minister Sir ment entered 2010 with a focus on Michael Somare. US Department of State the national general elections several website, 31RYHPEHUKWWS ZZZVWDWH months ahead. In the last two or so JRYVHFUHWDU\UP201011150352.htm years that they were in power, the [accessed 18 April 2011] government recorded passing a higher Gelu, Alphonse. 2010. Politics and number of legislations than any other Governance. In Papua New Guinea’s government since independence. They Development Performance: ¥, also stabilized diplomatic relations edited by Webster Thomas and Duncan with neighboring countries, and Linda, 141–161. nri Monograph 41. Port the case of a former attorney gen- Moresby: National Research Institute. eral—which was instrumental for the Islands Business. 2010. 400 in Bulolo downfall of the government before Resign in Fear for Their Lives in PNG. cnura—was brought before relevant 25 August. authorities. The World Bank and Asian Development Bank have set up Kantha, Solomon. 2009. Melanesia in Review: Issues and Events, 2008: Papua offices in Honiara and are working New Guinea. The Contemporary Pacific well with the government. The first 21:364–373. half of 2010 was occupied with the registration of voters and prepara- BBBBBBB2010. Melanesia in Review: tion for the national elections. This Issues and Events, 2009: Papua New review concentrates on events leading Guinea. The Contemporary Pacific up to the national elections, govern- 22:448–459. ment formation, and some notable Ladley, Andrew, Ole Holtved, and developments and events that occurred Solomon Kantha. 2010. Improving the throughout the year. Electoral Roll and Voter Identification in Just before the dissolution of Parlia- Papua New Guinea. nri Discussion Paper ment in 2010, then Prime Minister 111. Port Moresby: National Research Dr Derek Sikua attempted to push Institute. through what was called the Politi- The National. Daily. Port Moresby. cal Parties Integrity Bill, which was KWWS ZZZWKHQDWLRQDOFRPSJ aimed at reducing political instability in government—an endemic feature of Pacific Islands Report. Solomon Islands politics (SSN, 22 April KWWS SLGSHDVWZHVWFHQWHURUJSLUHSRUW 2010). Unfortunately (or fortunately), Post Courier. Daily. Port Moresby. it was defeated because of what Dr KWWS ZZZSRVWFRXULHUFRPSJ Sikua believed to be a move orches-