Government Legitimacy in Papua New Guinea, 1992–2005

PACIFIC ECONOMIC BULLETIN

Government legitimacy in Papua New Guinea, 1992–2005

Alphonse Gelu

Government legitimacy has been problematic in Papua Alphonse Gelu is a lecturer New Guinea due to successive governments failing to with the Political Science adhere to practices that sustain good governance. This Strand, University of Papua article interprets the practices and decisions of New Guinea. successive governments from 1992 to the present that led to the emergence of non-legitimate power. Lack of experience and knowledge are a visible impediment to legitimacy, especially from the perspective of the rural areas. In order to ensure legitimacy, government decisions must comply consistently with democratic and constitutional requirements and thus avoid the appearance of arbitrary decisionmaking.

The act of governing demands certain powers and functions of the different arms requirements for a government to make its of government and outlines the major civil authority binding. The requirements refer to and political rights of the citizens. The the source(s) of authority that governments government is required to follow what is must have in order for them to expect written in the constitution. In other words obedience from the citizens. Obedience for the act of following the rules set out in the the most part is voluntary but there are also constitution gives the government the requirements for compulsory obedience. legitimacy that it needs in order to stay in Despite its undemocratic nature, compulsory office and be respected by society. obedience is preferred because those who Legitimacy can be described as an will be affected recognise the right for the instrument for governing. That is, a government to impose such compulsory government has to have legitimacy in order discretion. For democratic regimes, the first for it to govern. Being in office and making and foremost source of authority is the policies and decisions for the common good constitution. The constitution defines the of society requires the government to have

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legitimacy for carrying out those tasks. How Thus, policy implementation is the well have the various governments in Papua responsibility of the bureaucracy. According New Guinea over the period 1992 to 2005 to Heywood (1997) the main functions of the maintained the level of legitimacy while in bureaucracy are office? This is the central question discussed • carrying out administration in the paper. • offering policy advice The paper begins by looking at the definition and descriptions of legitimacy and • articulating and aggregating interests government. The second part looks at how • maintaining political stability well governments in Papua New Guinea (1997:345). have been able to maintain legitimacy during It is through the carrying out of the their rule. The third part discusses specific specific roles of the political executive and issues affecting legitimacy in Papua New the administrative executive that legitimacy Guinea. The final part offers some can be identified. That is, the roles must be suggestions on how to improve legitimacy carried out according to conventional in Papua New Guinea. practices as required within a liberal democratic framework. An important element Definitions of legitimacy required within the specific roles is the need to adhere to the rules and Government regulations that provide the framework for the specific roles. If the rules are not observed A government in a modern democratic then the government will face a legitimacy society is comprised of three institutions. crisis. They are the legislature, the executive, and the judiciary. These three institutions, which Legitimacy are commonly referred to as the ‘arms of Legitimacy deals with how power is government’, have clearly stated constitut- exercised and how power can justify itself to ional roles. These roles are closely guided by enable democratic governments to govern the principle of the separation of powers, and exercise their authority. Most which ensures that there is a clear process of importantly it enables the people to accept ‘checks and balances’. The paper concentrates and recognise that authority. Legitimacy is on the executive arm of government, which the foundation of government power. It is includes the Cabinet (political executive) and exercised both with a consciousness on the the bureaucracy (administrative executive). government’s part that it has the right to These two institutions also have specific govern and some recognition by the governed roles to play. The main functions of the of that right. political executive are According to McLean (1996), legitimacy • ceremonial duties is the property that a regime’s procedures • control of policymaking for making and enforcing laws are acceptable • popular political leadership to its subjects. The procedures are based on the authority of the regime being recognised • bureaucratic management as legal or lawful. For democracies the • crisis response (Heywood 1997:317). origins of legitimate authority rest on the idea The bureaucracy implements the laws of constitutionalism. This is because it is the and policies that are proposed by the constitution that provides the means through executive and passed by the legislature. which modern States can operate.

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According to Heywood, Once the rules or laws are breached the The term legitimacy broadly means legitimacy or the right of the government to rightfulness. Legitimacy therefore govern and issue its authority declines. This confers on an order or commands an decline could be indicated by the refusal of authorative or binding character, thus citizens to comply with directions from the transforming power into authority. It government. differs from legality in that the latter David Beetham (1991) provided a useful does not necessarily guarantee that a analysis of the concept of legitimacy. According government is respected or that its to Beetham, the key to understanding the citizens acknowledge a duty of concept of legitimacy lies in the recognition obedience (1997:193). that it is multi-dimensional in character. Power can said to be legitimate to the extent that The German sociologist Max Weber was a leading theorist in the study of legitimacy. • it conforms to established rules Weber identified three sources of legitimacy: • the rules can be justified by reference to tradition, charisma, and rational legal beliefs shared by both dominant and authority. While all three sources of authority subordinate, and exist in many developing democracies such • there is evidence of consent by the as Papua New Guinea, it is rational legal subordinate to the particular power authority that defines the working of most relation (1991:16). modern democracies. According to Beetham (1991) also refers to these three Heywood (1997), the power of a president, bases of legitimacy as levels of power. The prime minister, or government official is first, he refers to as the level of legality. Power determined in the final analysis by formal, is legitimate insofar as it is acquired and constitutional rules, which constrain or limit exercised in accordance with established what an office holder is able to do. The rules, whether these are conventional or legal advantage of this authority is that, as it is in form. These rules can be unwritten, as attached to an office rather than a person, it informal conventions, or they may be is far less likely to be abused or to give rise to formalised in legal codes or judgments. injustice. The second level of legitimacy is that of Legitimacy, as an important foundation normative justifiability. This level means that for modern governments, is closely related to power is legitimate to the extent that it can be another important democratic principle, the shown to derive from a valid source of rule of law. In democracies the rule of law authority, and to fulfill the rightful ends or provides government legitimacy. Abuse of purposes of government. This also means the rule of law will result in the decline that power is legitimate to the extent that the of legitimacy. This is because modern rules of power can be justified in terms of democracies operate mostly on rational legal beliefs shared by both dominant and authority in which rules or laws govern the subordinate. What kinds of justification and operations of the government. The application what kinds of belief are needed? (Beetham of rules, which forms the major part of rational 1991:17). legal authority, is seen as the origin of the The third level of legitimacy according means of applying legitimate authority. to Beetham is that of legitimation. This means Rational legal authority rests on belief in the that power is legitimated when it is publicly legality of enacted rules and the right of those acknowledged by relevant subordinates in positions of authority to issue commands. through actions, which confirms their

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acceptance of it, and when it is expressly result of the closure of the Panguna Mine on recognised by other legitimate authorities. Bounganville and the financial crisis that led This level of legitimacy involves the to the floating of the country’s currency in demonstrable expression of consent on the 1994. Thirdly, the level of corruption amongst part of the subordinate to particular power public officials increased dramatically relations in which they are involved during this period. Fourthly, the application (1991:18). of the rule of law has been at its lowest as To sum up the discussion on legitimacy public officials continue to breach the laws by Beetham, for power to be fully legitimate, and act without due regard to practices of three conditions are required: its conformity good governance. Finally, elections have to established rules; the justifiability of the taken on an undemocratic character, as rules by reference to shared beliefs; and the violence during elections has become a major express consent of the subordinate, or of the problem. most significant among them, to particular During this period three national relations of power. According to Beetham, elections were conducted: in 1992, 1997, and [a]ll three components contribute to 2002. In 1992 the incumbent prime minister, legitimacy, though the extent to which Pais Wingti, regained office, while in 1997 they are realised in a given context will Bill Skate was elected to replace Sir Julius be a matter of degree. Legitimacy is not Chan,1 and in 2002 Sir Michael Somare an all-or-nothing affair…in any society replaced Sir Mekere Morauta as the prime there will be some people who do not minister. After the 1992 and 1997 elections, accept the norms underpinning the votes of no confidence were moved against rules of power, and some who refuse the government and both were successful, to express their consent, or who do so which saw a change in the prime minister. only under manifest duress (1991:20). Sir Julius Chan became prime minister in The three levels of legitimacy defined by 1994 and Sir Mekere Morauta was elected Beetham are all important to the existence prime minister in 1999. and rule of any modern government. For The following sections outline the major example, it is obvious how problematic the issues relating to the legitimacy of the various three levels of legitimacy were in the Saddam governments during this period. era in Iraq. In Papua New Guinea, the Pais Wingti: 1992–1994 situation is different. There is evidence of the existence of the three levels of legitimacy but According to Sean Dorney, Pias Wingti these have also been problematic in the sense ‘possess[ed] an intriguing, slightly messianic that certain actions of successive govern- aura’ (1990:17). This comment best describes ments have affected these levels of legitimacy. his style of leadership, which was quite detrimental to the Westminster system of government. He manipulated situations in The Papua New Guinea context, order to destroy his opponents and accessed 1992 to 2005 resources for his own benefit. He introduced a different leadership culture; one in which The period covered in Papua New Guinea is there is a sense of distrust, even among important for a number of reasons. Firstly, coalition partners. His return to office was the country faced a major crisis as a result of achieved by means of some unconventional the rebellion on Bounganville. Secondly, the practices, such as physically stopping MPs economy experienced major downturns as a from voting against him. From the beginning,

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his leadership style showed serious signs of mercenaries whom the government had a regime that was irresponsible and hired.3 This issue undoubtedly raised a unresponsive to the needs of the people. A number of questions over the legitimacy of major issue that had an adverse impact, and the government concerning its decision to which led to his downfall after the 1992 engage the mercenaries as well as the actions election, was the infamous move that saw of the military when they openly opposed him resigning and being re-elected the next the directives of a duly elected government. day. His motive was to avoid the motion of The subsequent open rebellion against the no confidence that was proposed by the government by members of the military may Opposition after the 18 months grace period be interpreted as unconstitutional because it was over.2 The matter was brought before the breached specific provisions of the Supreme Court for judicial review and it was Constitution that deal with the supreme the majority opinion of the Court that the authority that the government has over the action was unlawful and therefore his re- military. However there have been other election was unconstitutional (Papua New interpretations that support the actions of the Guinea Law Review 1994). military (Donigi 1990). Cronyism also became a major problem. During the crisis Sir Julius Chan Many individuals appointed to head maintained a statesman-like style. His government departments and statutory composure and acceptance of responsibility bodies were close associates of the ministers for the contract, despite the fact that he was and the parties in power. This practice not directly involved in the negotiations of became embedded deeply in the bureaucracy the contract, was admired by many people. and resulted in the system becoming To some people his actions brought a new inefficient and lacking continuity in the twist to the Bougainville crisis (Dorney 1998). implementation of government programs. Beside the Sandline issue, Chan’s regime The level of legitimacy under Wingti’s was rocked by the purchase of the Cairns rule was low. There were clearly cases of Conservatory by the Public Officers illegitimacy or breaches of the rules, according Superannuation Fund at an inflated price. to Beetham’s framework. An obvious case The findings by the Auditor-General and the was the attempt to stay in power despite the Ombudsman Commission were critical of the fact that the Constitution and parliamentary manner in which this business deal took procedures were clear on how the prime place (Dorney 1998). minister should be elected. The appointment While Chan had previously maintained of cronies to senior positions in the public a high degree of legitimacy there was a sharp service also saw instances of illegitimacy as decline when his authority was questioned well as a legitimacy deficit in the government. due to the Sandline affair. There were public Delegitimation was also present when the protest by the students, military and the public parties in government deserted Wingti and at large and this led to a decline in the authority Sir Julius Chan was elected prime minister. of the government. The involvement of some Ministers in the Sandline deal also caused a Sir Julius Chan: 1994–1997 great deal of legitimacy problems for the The major event that occurred during the government. The Sandline deal and the time that Sir Julius Chan was prime minister subsequent protests and questions raised was the infamous Sandline Crisis. This issue over the purchase of the Cairns Conservatory brought the country to a stand still, especially are examples of legitimacy deficit and de- after the Defence Force expelled the legitimation.

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Bill Skate: 1997–1999 drunk in public and blamed the ‘whiskey’ as being responsible for some highly dubious The Sandline Crisis obviously had a major decisions that he made. He appeared on the impact on the 1997 election. The incumbent ‘60 Minutes’ program on Channel 9 singing prime minister and many of his senior a pop song and was referred to as the ‘Rock ministers lost their seats, including John and Roll’ Prime Minister. Giheno, the deputy prime minister, Sir Albert Skate was obsessed with appointing and Kipalan, and Peter Yama. Due to serious firing departmental heads and heads of questions regarding the transparency of the statutory bodies. He even appointed a crony Sandline deal, the issues of transparency, to head the Port Moresby Stock Exchange bribery and corruption were highlighted during the election. The new government of despite the fact that it is an entity over which Bill Skate publicly made it their concern to the government has no control. Sir Anthony improve the level of transparency. However, Siaguru raised this issue in one of his ‘In- to everyone’s astonishment, the Skate House’ newspaper columns when he asked government proved to be a political nightmare Skate to treat the people as adults by giving for the country. Within a few months in office, facts, reasons, and grounds for sacking Skate sacked his deputy Chris Haiveta4 (EM people (2001:154). The massive fraud TV News Footage 1997). This was the involving the National Provident Fund beginning of a series of questionable moves (NPF) and resulting in the loss of by Skate, including a video recording of him contributors’ savings took place during the boasting that he was the ‘God Father’ of a Skate government. It was his government that rascal gang in Port Moresby (ABC News 1997). appointed the Chairman of the Fund, Jimmy He also tried to assist the students at the Maladina, who had a number of fraud University of Papua New Guinea to sack the allegations made against him with respect Vice-Chancellor, despite the fact that he had to the loss of the funds. no powers to do so. Skate suspended Parliament for three There were a number of issues that raised months to avoid a vote of no confidence. This questions over the legitimacy of the Skate matter was brought before the Supreme Court government. The first was that his party, the for judicial review because the government’s People’s National Congress (PNC), had won action resulted in the Parliament not meeting only two seats in the election. By the time he for the number of days stipulated by the was elected Prime Minister he had about 25 Constitution. The majority view of the Court members in his party and just prior to the 18 was that Skate’s action was unconstitutional months grace period he had about 44 and requested the government to urgently call members in his party. In a show of for the sitting of Parliament (Ombudsman desperation during the famous ‘numbers Commission Report 1999:57). game’ he created three new political parties Finally, Skate used public funds to buy and appointed three MPs in his party to lead support from MPs, and at one point them. When the motion for the vote of no instructed the Treasury not to process funds confidence was moved he had only 2 for MPs in the Opposition. The Leader of the members left in his party. He himself voted Opposition took the matter to court and the for the new Prime Minister after he resigned court ruled that Skate’s action was unlawful 24 hours before the motion was voted on (EM (Post Courier, 5 January 1998). TV News Footage, 13 July 1999). Skate’s regime acquired a very low level His personal life greatly demeaned the of legitimacy due to the many problems office that he occupied. He often appeared associated with his administration. His

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leadership style clearly was not fitting for a administration undertook a major economic national leader. Moreover, he had difficulty program of privatisation of public in differentiating his private life from his enterprises. Many state-owned enterprises public life. This resulted in many questions were put up for sale because of the financial relating to his integrity as leader. He also had burdens that they have imposed on the little control over his ministers, resulting in country since independence. Fourth, a new them abusing their office. voting system, the limited preferential voting Skate’s erratic leadership led to the system, was introduced by Parliament to famous Easter message by the Archbishop replace the first-past-the-post system. Finally of Port Moresby, Bishop Brian Barnes, some changes were made to the leadership requesting Skate to vacate the office of the code to tighten the prosecution of MPs and Prime Minister (The National, 10 April 1999). other leaders found guilty of misconduct in This statement surprised many with its office. intensity and frankness. Bishop Barnes’ Like Skate, Morauta adjourned statement laid the foundation for the removal Parliament for six months to avoid a vote of of Skate. no confidence. Morauta’s regime can be All three aspects of non-legitimate power described as élitist, in the sense that despite identified by Beetham were present during their positive intentions many of the changes Skate’s administration. were made by a small group of experts and had little input from the people. Morauta Sir Mekere Morauta: 1999–2002 sacked the Chairman of the Constitutional Sir Mekere Morauta, who was a minister in Commission, the former MP for Bogia, Skate’s government, promised a new beginning Bernard Mollok, after he complained that for Papua New Guinea. His major concern Morauta was trying to bulldoze laws through was to provide stability and a strong sense of without proper consultation. leadership; something that was missing The initiation of important political and during the Skate regime. He developed a economic reforms greatly improved program called the ‘date with destiny’. The Morauta’s position on maintaining a high date with destiny was a program to provide degree of legitimacy. However, he made a stability in the political system and to improve serious blunder in establishing a political the economic standing of the country. party during his administration, despite the During Morauta’s regime several major fact that the Organic Law that he pieces of legislation were introduced. First, implemented outlawed such actions. Parties his government passed the Organic Law on can only be formed during elections and not the Integrity of Candidates and Political during the term of a Parliament. Further, Parties. The major objective of the law was to despite his strong sense of leadership, many instill discipline among MPs, with the aim MPs from his own party were charged with of maintaining stability in the political system misconduct in office. The deaths of three (Siaguru 2001). Second, his government university students protesting against passed major changes to the public service privatisation also adversely affected the legislation, which became part of the public legitimacy of the Morauta regime. In the sector reforms. One of the areas of abuse of history of student protest in the country, no established procedures by previous govern- students have ever lost their lives. The un- ments was in the appointment of individuals ceremonious sacking of Sir Michael Somare to head government departments and as Minister for Foreign Affairs also affected statutory bodies. Third, the Morauta Morauta’s level of legitimacy.

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Sir Michael Somare: 2002–present for the idea. Votes of no confidence have been responsible for political instability but going Sir Michael Somare, the first Prime Minister to the polls each time a vote is successful is of Papua New Guinea, assumed office after plainly impractical, taking into account the the 2002 election. His new party, the National massive logistical problems and cost Alliance, won more seats than any other party. involved. Sir Michael’s election to office gave some sense Sir Michael Somare has maintained a high of relief to the people. The level of confidence level of legitimacy during his administration. in government was at a low point after Morauta became unpopular over the This is evident especially in the efforts to re- privatisation program as well as the handling build the economy. One of the major initiatives of public funds. Sir Michael continued many of the Somare Government that has brought a of the programs that were initiated by the high level of legitimacy is the District Treasury Morauta administration. However, the Roll-out program, an initiative sponsored and privatisation exercise was halted after funded directly by the government. The questions were raised over the transparency program is designed to ensure that districts of the sale of the Papua New Guinea Banking have control over basic government services, Corporation. Sir Michael was more concerned including the treasury function. Essential with the social obligations of the government services such as police, district magistrates, in the provision of basic services through the banking, and postal services are part of the various state-owned enterprises. On public program. The Minister for Treasury has sector reform, Sir Michael declared that the played a key part in the districts roll-out government would not play favourites as had program, which shows the importance given been the case in the appointment to senior to the program by the government. The positions within the public service. All job program should have positive effects on vacancies would be advertised and only decentralisation policy by strengthening the qualified individuals would be appointed. operations of the districts, which have been However, to the dismay of many, Sir Michael neglected for many years. In the districts continued to appoint individuals without where the program has been implemented, advertising the positions and this has caused people are said to be enthusiastic and some problems for his administration. overjoyed about the services (The National, 9 One major area that the Somare March 2005). government is currently working on in order A second major economic initiative of the to maintain stability is to amend provisions Somare Government was the launching of the in the Organic Law on the Integrity of Medium Term Development Strategy (MTDS). Political Parties and Candidates relating to The MTDS is an economic and social blue the vote of no confidence. Somare, who has print that identifies the priority areas for the been a politician since 1968 and a Prime government. The Strategy has three inter- Minister on three separate occasions, knows related objectives: good governance, export first hand what the vote of no confidence can driven economic growth, and rural do to a government and society. One of the development and poverty reduction (Post proposals that the government has Courier, 10 March 2005). The launching of the suggested is that if a vote of no confidence is MTDS is an attempt to deal with development successful, Parliament has to dissolve and a issues by having a plan in place and not by fresh election will be conducted. So far the acting on an ad hoc basis as some public has offered both criticism and support governments have done in the past.

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The success of the government in regulations that, ironically, were passed by achieving economic stability is indicated by the leaders, their actions have not conformed the positive outlook for the economy. The to these rules. In other words, the rules and United Nations Economic and Social regulations have become just window Commission for Asia and the Pacific dressing (2000:91). (ESCAP) praised the Somare Government for maintaining tight fiscal discipline last year (2004) that resulted in a surplus of 1.1 per Issues affecting legitimacy cent of the gross domestic product (GDP) (Post Courier, 12 May 2005). In June 2005, the Beetham’s bases of legitimacy are a useful Treasury Secretary reported that the economy tool for explaining the various areas that have would grow by a projected rate of 3.4 per cent. caused legitimacy problems in Papua New The Somare government has brought to an Guinea. The areas that are discussed below end years of economic contraction with the are, first, breaches of the leadership code; economy growing by 2.8 per cent in 2003 and second, breaches of the rule of law; third, 2.6 per cent in 2004 (The National, 5 July corruption and problems associated with 2005). Another positive view of the economy accountability; and finally, problems was given by the Managing Director of the associated with law and order. Bank of the South Pacific, Garth Mcllwain. Leadership Code He stated that the PNG economy is experiencing its best conditions for the 30 The Leadership Code, passed by the Somare years since independence because of a sense Government in 1980, was a major step of maturity in leadership (The National, 3 forward in ensuring integrity in leadership October 2005). and transparency in the dealings of leaders. The various national governments since However, the application of the Code has 1992 have had problems of legitimacy for two become problematic due to manipulation by main reasons. The first is the leadership style leaders to avoid prosecution once they are and the second the emergence of a non-liberal found guilty of misconduct. democratic culture. The style of leadership The rationality of the Code has thus been of each of the Prime Ministers has been questioned: whether it serves its original heavily influenced by their experience as purpose or whether it was adopted to politicians and their understanding of the establish a protective net for corrupt leaders. problems affecting the people. Chan and Many leaders, members of parliament and Somare did exceptionally well because of others, have avoided criminal prosecution their experience and knowledge, and to an simply by resigning their office, so that they extent the same can be said of Wingti. are no longer leaders as specified under the However, Skate and Morauta were Leadership Code. ‘freshmen’ to the political scene and their Attempts by the Morauta administration style of leadership was clearly influenced by to tighten the Code failed when MPs refused these two factors. The second reason relates to support the changes. An important part of to the emergence of a non-liberal democratic the changes proposed was to ensure that an political culture. Gelu argued that this new MP found guilty of misconduct would be political culture stands in opposition to the banned for life from holding public office. liberal democratic tradition that the country However, the ban was watered down to only inherited in 1975 (2000:87). Gelu further three years. Another part of the suggested argued that despite the existence of rules and changes, which would definitely have had a

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positive impact on the application of the Ministers, the rule of law has been seriously Code, was that criminal charges could be laid breached, which has contributed to a decline despite the fact that a leader resigns from in the legitimacy of the government. office. To give an illustration, the former The wides pread lawlessness in the Electoral Commissioner was referred to a country can be attributed in part to the leadership tribunal due to alleged instances perception that politicians and other leaders of misconduct. But because his term of office are also rascals who commit crimes but get had lapsed, technically he is no longer a away with it. This perception also relates to leader and cannot face prosecution. The the ineffectiveness of the Leadership Code Public Prosecutor is pursuing the case to in prosecuting leaders. ensure that this person will face criminal The PNG public has seen how corrupt charges, despite the fact that he is no longer and unaccountable their politicians are, a leader as defined by the Code. how politicised the public service is, and how ineffectual law enforcement Breaches of the rule of law agencies are in prosecuting offenders. This is an area that has contributed to a They see allegedly fraudulent politicians decline in the legitimacy of governments and public servants remaining in since 1992. The action by Wingti in 1994; the positions of trust and power while rebellion by the military against the ‘small criminals and political scape- government during the Sandline crisis; the goats’ languish in jails (Pitts 2002:52). long adjournment of Parliament by Skate and Therefore, the important principle of the Morauta; Morauta’ attempt to form a new rule of law that the law should apply equally party; misuse of public funds by public and should not discriminate on the basis of officials; widespread corruption; and gender, race, social status and religious Somare’s continuing the practice of affiliation has been undermined. The appointing individuals without due regard principle of the rule of law regarding the to established procedures are examples of certainty of punishment has also been breaches of the law. undermined by the actions of politicians and Breaches of the rule of law are part of the other leaders. As a result, the people have new culture that pervades the actions of MPs devised various ways to avoid prosecution or and other public office holders. Individuals continue to engage in unlawful acts because are ignoring the law to satisfy their own they believe that they too will not be punished. interests. A.V Dicey has argued that the rule of law should embody four requirements: first, Corruption no-one should be punished unless they have Corruption is the single most important broken the law; second, the rule of law requires problem affecting the good practice of equal subjection to the law, commonly known government in Papua New Guinea and as equality before the law; third, when the law hence contributing to the decline in the is broken, there must be certainty of legitimacy of governments. Many punishment; and finally, the rights and commentators see it as a cancer on the liberties of individuals should be embodied democratic system of government (Siaguru in the ordinary law of the land. Application 2001; Crocombe 2001; Pitts 2002). From the of Dicey’s requirements to Papua New words of a former Prime Minister, Sir Mekere Guinea would be highly problematic. In the Morauta ‘corruption is systemic because it breaches of the Leadership Code, as well as has invaded the whole process of those examples provided for each of the Prime policymaking and decision-making, and

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systematic because it is organised’ (Crocombe their duty, which has caused massive 2001:513). problems to the entire administrative system. Public corruption has affected the entire The second reason for widespread political and administrative system and corruption is that it is sustained by the ‘big- society as a whole. It is akin to a disease that man’ concept, which is closely related to the is eating away at the good practices that are wantok system. The ‘big-man’ has his part of democratic rule. Public corruption is responsibilities and one is to provide what about breaking the rules and laws that govern his supporters demand. In the process of public conduct. It is also about the misuse of fulfilling his responsibilities, the ‘big-man’ authority. Accountability is also affected by often engages in activities that are clearly it due to the failure of public officials to corrupt. The ‘big-man’ basically often does account for their actions. Why is corruption not understand that what he is doing will endemic in Papua New Guinea? There are have an adverse effect on the country. One so many answers to this question but the area of corruption that has been encouraged paper only discusses the major factors by the ‘big-man’ concept is the use of public responsible for allowing corruption to be so money for personal gain. Upon assuming widespread. public office, the ‘big-man’ realises how The first reason is that corruption is much money can be available to him. Because sustained by culture and tradition, in he has debts to pay, for example, rewarding particular the wantok system. According to those who have supported him during the tradition it is accepted practice that elections, he gives money to his supporters individuals should assist each other. This without realising that the money is not to be has been a practice that has defined the used for personal benefit but to benefit relationships between families and everyone. At the same time, he personally communities in Papua New Guinea long benefits from the money by investing in before the coming of the Europeans (Okole business ventures. This use of public money 2005). This practice is still accepted today. is clearly corrupt but the Big-Man continues However, it is not confined to communities to do it because he is an important man and but has also defined relationships in the must be seen as having lots of money. modern system of government. Many public The other area of corruption that is officials who indulge in corrupt practices sustained by the ‘big-man’ concept is the believe that what they are doing is not corrupt misuse of power and authority. The ‘big-man’ because it is part of the culture. Assisting a not only has access to money but also relative or wantok (who can be a relative or authority. He uses his authority to assist his someone from the same area) to get a job, supporters, even to the extent of breaking issuing a warrant of fitness without proper established rules and laws. The appointment checks of a vehicle, issuing a driver licence of cronies is a good example of this. In Papua without a test, and accepting admission into New Guinea, it is a norm that after a minister school and collecting fees later are examples is appointed he will appoint wantoks to of how wantoks are assisted, despite the fact positions in the ministry. Despite the corrupt that those who do these illegal acts are in nature of this practice, the ‘big-man’ does not violation of the rules and are using their appear answerable. Many such practices go positions to do these things. If they fail to unnoticed and are not condemned and are assist their wantoks, they would be scorned therefore interpreted as accepted practices. and their standing in their communities The third reason that corruption is so would be affected. Public officials see it as widespread in Papua New Guinea is because

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it is accepted behaviour among politicians. revealed massive fraud in the financial Politicians are seen as ‘big-men’ and they accounts of the City Council but to date no- contribute to this practice by living by the title one has been prosecuted. The reports of a ‘big-man’. The mentality of the politicians contained numerous cases of politicians is that they can involve themselves in corrupt paying money to non-existent contractors practices and get away with it (Ketan 2000). and the misuse of properties belonging to the Waigani (the administrative headquarters) City Council. has its own distinctive culture in which Politicians in Papua New Guinea have indulging in corrupt practices is not been described by Simon Pentanu (former condemned. It is accepted behaviour despite Chief Ombudsman) as putting their personal the show of righteousness by politicians. Even interests before the national interests. They clergymen who have become politicians are should be asking themselves, what is in there not immune from practising corruption. For for the national interest rather than what is example, a pastor was convicted and in there for me (The National, 17 January 2000). sentenced to prison in December 2002 for As a result, many politicians have benefited using public money for personal benefit. from inducements offered to them, despite Corrupt practices involving politicians range the fact that it is part of their job. The from misusing one’s office for personal gain, Christian Apologetic Evangelist, Dr Ravi assisting wantoks to get jobs and government Zacharias, defined corruption as the contracts, breaking laws, encouraging ‘eradication of the conscience’ (Radio RIMA, immoral practices such as polygamy and 2000). This definition perfectly defines adultery, and accepting bribes. politicians in Papua New Guinea. They do The Port Moresby City Council became a not show any signs of having a conscience hotbed of corruption by politicians in pursuit that allows them to differentiate between of their personal interests. As a result the City what is corrupt behaviour and what is not. Council has collapsed to a point where it Their consciences have been contaminated cannot carry out its responsibilities such as by the ‘get rich’ culture, resulting in neglect collecting rubbish, cleaning the streets, of their primary role of acting on behalf of cutting the grass, and providing markets (The their electorates. National, 13 May 2005). Between 1995 and The fourth reason is that corruption is 2002, the City Council became a political not only widespread amongst politicians but football between political factions, one led also in the public service. The practices that by Sir Bill Skate and the other by Sir Mekere are used by politicians to enrich themselves Morauta. Both individuals were Prime are also evident in the public service. Public Ministers at one time and both represented servants have engaged in receiving bribes, electorates in Port Moresby. Numerous legal misusing public money for personal gain, battles took place in the National Court as and using their offices to benefit themselves well as the Supreme Court to determine who and their wantoks. controlled the City Council. The political Three reasons for widespread corruption factions were supported by groups of people, in the public service are first, that it is part of especially from the squatter settlements, who the culture and tradition, second, it is awaited the decisions of the Courts in order widespread among politicians and has to see who would occupy the offices. There trickled down to the public service, and third, were periods in between the legal battles that public servants have been neglected by saw employees of the Council not receiving successive governments and not been their salaries. Two Commission of Inquiries properly remunerated. (Public servants have

not been awarded pay increases since 1997.) Reeves, legal counsel for the National Involvement in corrupt practices is a way of Provident Fund (NPF) Inquiry), who had making ends meet for many public servants. made significant contributions to eradicating The period between 1997 and 2003 has corruption in the NPF fraud saga. The main been marked by orders given by successive reason given by the government was that they governments to freeze wages and promotions were Australians and only Papua New because the country was in financial straits. Guineans are eligible for the awards. However during the same period, politicians, However, the truth of the matter was that Rod constitutional office holders, judges, and Mitchell, the head of NASFUND (previously departmental heads have been awarded known as NPF) was quoted in an Australian huge salary increases. In trying times like paper to the effect that ‘democracy and these, how can a simple public servant accept freedom was fast eroding in PNG and the huge pay increases given to the already corruption was widespread. Corruption has well paid individuals. Nowadays, it is an even reached Parliament, the public service accepted that if you want a claim or problem and the police force. PNG is not the place it settled quickly, you have to pay in money or used to be 10-15 years ago’ (The National, 4 in goods. This has also led to the widespread January 2003). use of favours, especially in the form of It has to take an Australian to tell the reciprocity. These are practices that are politicians and the government that clearly corrupt but they have become part of corruption is widespread and that it is unsafe the work ethic. to live in Port Moresby. Instead of accepting The fifth reason is that successive govern- the comments, the government became ments have not given serious attention to vindictive and stripped Mitchell and two fighting corruption. This lack of attention is others of their awards. Mitchell was also indicated by the lack of recognition of severely reprimanded by the Chief Secretary, individuals and organisations committed to Joshua Kalinoe, who told him to ‘pack up fighting corruption. One obvious aspect of and leave the country’. This kind of civil society in Papua New Guinea is the behaviour has been typical of successive increasing involvement by different groups governments. They have not taken any rallying to fight corruption. The areas that responsibility for the corrupt practices that have become prime targets are the are prevalent and they do not censure their identification of individuals who commit cronies who engage in corrupt practices. corruption and the swift prosecution of the At the same time the call from major perpetrators of corruption. However, the fight organisations representing civil society to to eradicate corruption by civil society has establish the Independent Commission been hampered by the lack of commitment Against Corruption (ICAC) has not been well from government. Successive governments received by successive governments. The idea have shown few signs of inclination towards surfaced in 1997 when Skate was the Prime fighting corruption, presumably because Minister; Morauta made no progress on the they are the main culprits in committing and ICAC when he became the Prime Minister in sustaining corrupt behaviour. 1999; and now Somare is not interested. The Somare Government withdrew three Transparency International (PNG), the New Year Queen’s awards to three Catholic Bishops’ Conference, the Australians (Rod Mitchell, CEO of National Community Coalition Against Corruption, Superannuation Fund (NASFUND), John the Media Council, the National Council of Jeffries, Chairman of NASFUND and John Women and the Papua New Guinea Trade

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Union Congress have continuously called on a long time to prosecute them. Many of the the national government to establish clear leaders facing charges for misappropriation guidelines for fighting corruption, establish are still free while an ordinary person who the ICAC, and prosecute those individuals has committed similar offences is swiftly who have been identified by the various dealt with. The ineffectiveness of law Commission of Inquiries as benefiting from enforcement has caused a great deal of corrupt practices. damage to the legitimacy of the democratic The final reason for widespread institutions and practices. The political and corruption in Papua New Guinea is that the administrative system is overwhelmed by laws have not been effective in prosecuting these practices, which does not give a good leaders who indulge in corrupt practices. The impression to those who want to make their Leadership Code in the Constitution, the career in the public service or to serve as Organic Law on the Duties and political leaders. Responsibilities of Leadership and the Criminal Code have all failed to hold responsible those who have engaged in Suggestions to improve the level corrupt practices. This has contributed to the of legitimacy ever-increasing corruption because individuals know that they will not face any What would improve the level of legitimacy form of punishment. However, the in Papua New Guinea? commitment to enforcing the various laws First, governments must act more against corruption is gaining momentum as responsibly in the discharge of their duties. indicated by the jailing of a number of Governments have been the main law- politicians and other public officials. But the breakers and this has created a perception fight is far from over because corruption is among the people that governments are still widespread due to the perception that above the law. Governments must show the individuals will not be prosecuted. The people that they are not above the law and Ombudsman Commission and the Public that they must deal immediately with those Prosecutor’s Office have been vigilant in their who break the law. The fact that it took almost fight against corruption and have been a year for the conviction of the Madang causing sleepless nights for leaders. The Governor for rape is an example of the Ombudsman Commission has been frank tardiness in the application of the law. with the leaders, giving them labels such as Governments must always demonstrate that ‘greedy politicians’, ‘selfish leaders’, what they are doing is for the benefit of the ‘daylight robbers’, and ‘dishonest leaders’. people and not for themselves. Sometimes it However, these labels have not deterred appears as if there is no government at all. individuals from engaging in the rampantly The deteriorating state of the infrastructure corrupt culture. The ineffectiveness of the all over the country indicates the absence of laws in prosecuting the leaders has also the government in dealing with these contributed to breakdown in one important problems. aspect of the rule of law, that is, the equal Second, governments have to improve on application of the law. their level of accountability. This is an area The perception in Papua New Guinea is that has contributed immensely to the decline that there is one set of laws for the leaders of government legitimacy. The engagement and another for the ordinary people. Leaders of outside assistance could be a help in will either not face prosecution or it will take improving accountability. The Enhanced

Cooperation Program (ECP) should help in consolidation. This process is important for this way, especially given that fraud within developing democracies like Papua New the Treasury Department has been high (Post Guinea because it involves the re-thinking Courier and The National 17 February 2005). and re-evaluation of the various democratic People are suffering, infrastructure is values and processes. According to Diamond deteriorating, and the general well being of (1999) consolidation is construed as the the people is in decline. The people have process of achieving broad and deep been completely left in the dark to what the legitimation, such that all significant actors, government is doing. In the meantime, at both the elite and mass levels, believe that Ministers, MPs, Heads of Departments and the democratic system is the most statutory bodies, judges and constitutional appropriate for their society, better than any office holders continue to be awarded other alternative they can imagine. The massive salary increases. The increasing law argument by Diamond is closely related to and order problems can be directly attributed the discussion on legitimacy wherein the to these types of behaviour by successive belief that the people have towards the governments. political system renders compliance to Third, leaders, especially the MPs, must authority. The same is true of the belief in re-activate a sense of trust in government. democracy, which is the central idea behind They can do this by leading by example, a the process of consolidation. Democratic quality of leadership that is absent in Papua consolidation is therefore about political New Guinea. If the leaders obey the law and institutionalisation in which democracy is act swiftly on the problems faced by the people accepted and most unlikely to break down. then the people would have some sense of Diamond further argued that trust and confidence in the government. Political competitors must come to Fourth, corruption must be significantly regard democracy (and the laws, reduced. It has been the major factor procedures, and institution it specifies) contributing to the decline in the legitimacy as the ‘only game in town’, the only of governments in Papua New Guinea. viable framework for governing the Governments and MPs in general must take society and advancing their own the lead in fighting corruption. Over the years interests. At the mass level, there must attempts have been made by successive be a broad normative and behavioural governments to fight corruption but not more consensus—one that cuts across class, so than in the past five years. Governments ethnic, nationality and other are beginning to listen to the civil society cleavages—on the legitimacy of the groups that are leading the crusade against constitutional system, however poor or corruption. However, governments have not unsatisfying its performance may be been responsible in the fight against at any point in time (1999:65). corruption. There is still a lack of commitment, This process, as Diamond argued, needs which is understandable as they are the main a deep sense of legitimation. Looking at all perpetrators of corruption. the solutions suggested above, the need for a Finally, an important political process greater level of legitimacy features in all of noted by political scientists such as Jeffrey them. Legitimacy as part of the consolidation Haynes (2002), Larry Diamond (1999), process has not been institutionalised. This Samuel Huntington (1991) and Rose and makes the process of consolidation very Shin (2001) is the process of democratic important for Papua New Guinea.

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Government legitimacy has not taken firm Notes root in society and this has serious consequences for successive governments in 1 He lost his Namatanai seat in the 1997 maintaining order. election. 2 Votes of no confidence cannot be moved during the first 18 months of the govern- Conclusion ment’s administration. 3 Many questions have been raised regarding Government legitimacy has been problematic the legality of the contract. The government in Papua New Guinea. This is due to and its advisors were adamant that the successive governments failing to adhere to contract was legal. 4 Haiveta was a central figure in the Sandline practices that sustain good governance. The Deal. At the time, he was the Deputy Prime period from 1992 to the present is important Minister and Minister for Finance and was in the sense that during this time Papua New responsible for pushing the contract through. Guinea’s political system became tainted The Commission of Inquiry said that he had with practices that are clearly undemocratic. received some form of bribe from the The governments that have been in power company engaged in the contract. Despite during this period were unresponsive to the Skate’s public denunciation of the deal, he needs of the people, especially the Skate appointed Haiveta as the Deputy Prime administration that came into office in 1997. Minister. The use of Beetham’s three bases of legitimacy are useful in interpreting the References practices and decisions that successive governments made that led to the emergence Beetham, D., 1991. The Legitimation of Power, of the three forms of non-legitimate power. Humanities Press International, New Lack of the two factors the paper identified, Jersey. experience and knowledge, were obviously Birch, A.H., 1971. Representation, Pall Mall, visible during the Skate and Morauta London. regimes. These two administrations would have performed better with respect to their Catt, H., 1999. Democracy in Practice, level of legitimacy if they had had more Routledge, London. experience in office and better knowledge of Crocombe, R., 2001. The South Pacific, what the people need, especially in the rural University of the South Pacific, Suva. areas. Diamond, L., 1999. Developing Democracy: The Leadership Code, breaches of the toward consolidation, The Johns Hopkins law, and corruption have all contributed to University Press, Baltimore. the decline of legitimacy in Papua New Donigi, P., 1999. ‘Sovereignty, security and Guinea. It is therefore anticipated that the outsourcing: the Sandline experience’, solutions suggested above will provide the in B. Boeha, Australia–Papua New government with the means to ensure that Guinea: crime and the bilateral relationship, the decisions they make comply with the National Research Institute, Port democratic and constitutional requirements Moresby. that are set out for the government. Acting arbitrarily will not improve the level of Dorney, S., 1998. Papua New Guinea: People, legitimacy. Politics and History Since 1975, Random House, Sydney.

——, 2001. Papua New Guinea: People, Politics and History Since 1975 (3rd Edition), ABC Books, Sydney. Gelu, A., 2000. ‘The emergence of a non- liberal democratic culture in Papua New Guinea’, in M. Rynkiewich and R. Seib (eds), Politics in Papua New Guinea: continuities, changes and challenges, Point No. 24, Melanesian Institute, Goroka. Haynes, J., 2001. Democracy in the Developing World: Africa, Asia, Latin America and the Middle East, Polity Press, Cambridge. Heywood, A., 1997. Politics, Macmillan Press, Houndsmill. Huntington, S., 1991. The Third Wave: democratisation in the late twentieth century, University of Oklahoma Press, Norman. McLean, I., 1997. The Concise Dictionary of Politics, Oxford University Press, Cambridge. Okole, H., 2005. ‘The fluid party system of Papua New Guinea’, Commonwealth and Comparative Politics, 43(3):362–81. Philps, M., 2001 ‘Corruption’, in P.B. Clarke and J. Foweraker, Encyclopedia of Democratic Thought, Routledge, London. Pitts, M., 2002. Crime, Corruption and Capacity in Papua New Guinea, Asia Pacific Press, The Australian National University, Canberra. Siaguru, A., 2001. In-House in Papua New Guinea: the great game in Papua New Guinea, Asia Pacific Press, The Australian National University, Canberra.