Ramsi Intervention, Aid Trauma and Self Governance
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Abuse of Process in Cross-Border Cases: Moti V the Queen
ABUSE OF PROCESS IN CROSS-BORDER CASES: MOTI V THE QUEEN * DANIELLE IRELAND-PIPER In a majority of six to one, the High Court in Moti v The Queen concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where such a finding is determinative of an abuse of process. The decision is a welcome addition to existing international jurisprudence on due process rights in prosecutions of extraterritorial conduct. In turn, it is a reminder that operating extraterritorially does not mean operating without accountability. I INTRODUCTION In Moti v The Queen,1 the High Court of Australia considered whether proceedings can be maintained against a person who has not properly been brought within the jurisdiction by regular means, or whether such proceedings are an abuse of process. In so doing, a majority of six to one concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where those conclusions are a necessary step to determining a question within the competency of the court. This article will conclude the findings of the High Court in Moti v The Queen are a welcome addition to jurisprudence on procedural irregularities in the prosecution of transnational crime. The High Court in XYZ v Commonwealth2 confirmed that the Commonwealth may rely on section 51(xxix) of the Constitution of Australia to assert extraterritorial criminal jurisdiction over Australian citizens. Such assertions are also permitted under international law by virtue of the active nationality principle.3 However, although useful in fighting transnational crime, assertions of extraterritorial criminal jurisdiction are sometimes overly politicised, and vulnerable to abuses of process.4 Therefore, the decision in Moti v The Queen has implications for the prosecution of offences for conduct occurring extraterritorially, and is a timely reminder for state officials and prosecutors that operating extraterritorially does not mean operating without accountability. -
Participatory Approaches to Law and Justice Reform in Papua New Guinea
PACIFIC ISLANDS POLICY 3 Safety, Security, and Accessible Justice Participatory Approaches to Law and Justice Reform in Papua New Guinea ROSITA MACDONALD THE EAST-WEST CENTER is an education and research organization established by the U.S. Congress in 1960 to strengthen relations and understanding among the peoples and nations of Asia, the Pacific, and the United States. The Center contributes to a peaceful, prosperous, and just Asia Pacific community by serving as a vigorous hub for cooperative research, education, and dialogue on critical issues of common concern to the Asia Pacific region and the United States. Funding for the Center comes from the U.S. government, with additional support provided by private agencies, individuals, foundations, corporations, and the governments of the region. THE PACIFIC ISLANDS DEVELOPMENT PROGRAM (PIDP) was established in 1980 as the research and training arm for the Pacific Islands Conference of Leaders—a forum through which heads of government discuss critical policy issues with a wide range of interested countries, donors, nongovernmental organizations, and private sector representatives. PIDP activities are designed to assist Pacific Island leaders in advancing their collective efforts to achieve and sustain equitable social and economic development. As a regional organization working across the Pacific, the PIDP supports five major activity areas: (1) Secretariat of the Pacific Islands Conference of Leaders, (2) Policy Research, (3) Education and Training, (4) Secretariat of the United States/Pacific Island Nations Joint Commercial Commis- sion, and (5) Pacific Islands Report (pireport.org). In support of the East-West Center’s mission to help build a peaceful and prosperous Asia Pacific community, the PIDP serves as a catalyst for development and a link between the Pacific, the United States, and other countries. -
BTI 2010 | Papua New Guinea Country Report
BTI 2010 | Papua New Guinea Country Report Status Index 1-10 5.85 # 58 of 128 Democracy 1-10 6.35 # 50 of 128 Market Economy 1-10 5.36 # 70 of 128 Management Index 1-10 4.99 # 65 of 128 scale: 1 (lowest) to 10 (highest) score rank trend This report is part of the Transformation Index (BTI) 2010. The BTI is a global ranking of transition processes in which the state of democracy and market economic systems as well as the quality of political management in 128 transformation and developing countries are evaluated. The BTI is a joint project of the Bertelsmann Stiftung and the Center for Applied Policy Research (C•A•P) at Munich University. More on the BTI at http://www.bertelsmann-transformation-index.de/ Please cite as follows: Bertelsmann Stiftung, BTI 2010 — Papua New Guinea Country Report. Gütersloh: Bertelsmann Stiftung, 2009. © 2009 Bertelsmann Stiftung, Gütersloh BTI 2010 | Papua New Guinea 2 Key Indicators Population mn. 6.3 HDI 0.54 GDP p.c. $ 2084 Pop. growth % p.a. 2.0 HDI rank of 182 148 Gini Index 50.9 Life expectancy years 57 UN Education Index 0.52 Poverty2 % 57.4 Urban population % 12.6 Gender equality1 - Aid per capita $ 50.2 Sources: UNDP, Human Development Report 2009 | The World Bank, World Development Indicators 2009. Footnotes: (1) Gender Empowerment Measure (GEM). (2) Percentage of population living on less than $2 a day. Executive Summary During the period under review, Papua New Guinea (PNG) made some progress toward providing its citizens greater freedom of choice by improving the state of democracy and its market-based economy. -
Political Reviews
Political Reviews The Region in Review: International Issues and Events, 2017 nic maclellan Melanesia in Review: Issues and Events, 2017 volker boege, mathias chauchat, alumita durutalo, joseph daniel foukona, budi hernawan, michael leach, james stiefvater The Contemporary Pacic, Volume 30, Number 2, 461–547 © 2018 by University of Hawai‘i Press 461 political reviews • melanesia 531 ville. 6 April. https://www.economist.com/ early in the year, revealing that the news/asia/21720327-first-pacific-island country was experiencing cash flow -may-choose-stay-part-france-second problems due to financial mismanage- -could-split-papua [accessed 6 Feb 2018] ment (Aatai 2017a). It was alleged by The National. 2017a. Micah Vows to former Prime Minister Gordon Darcy Cancel apec. 31 May. https://www Lilo that the government’s reserve .thenational.com.pg/micah-vows-cancel had been reduced within two years -apec/ [accessed 6 Feb 2018] from si$1.5 billion to si$150 million ———. 2017b Polye Pledges to Help (si$100 = us$12.63). As a result, the B’ville Gain Independence. 19 May. government had to borrow to pay its https://www.thenational.com.pg/polye bills and settle other financial com- -pledges-help-bville-gain-independence/ mitments (sibc 2017b). Minister of [accessed 6 Feb 2018] Finance Snyder Rini assured the gen- Tlozek, Erik. 2017. Papua New Guinea eral public that government finances Loses UN Vote over Unpaid Annual Con- were stable and under control. This tributions. abc News (Australia), 23 Feb. was contrary to the government’s http://www.abc.net.au/news/2017-02-24/ actual financial performance through- papua-new-guinea-loses-un-vote-over out the year because the government -unpaid-contributions/8298486 continued to delay the payment of [accessed 13 Feb 2018] bills and meeting its financial com- Vari, Mathew. -
The Moti Affair in Papua New Guinea
SSGM WORKING PAPERS NUMBER 2007/1 THE MOTI AFFAIR IN PAPUA NEW GUINEA Hank Nelson Emeritus Professor, Department of Pacific and Asian History Visiting Fellow, SSGM ANU College of Asia and the Pacific, The Australian National University Paper written in August 2007 Author: Hank Nelson Year of Publication: 2007 Title: The Moti Affair in Papua New Guinea Series: State Society and Society in Melanesia Working Paper No. 2007/1 Publisher: State Society and Governance in Melanesia Program, ANU College of Asia and the Pacific, Research School for Pacific and Asian Studies, The Australian National University Place of Publication: Canberra State Society and Governance in Melanesia Program Working Papers The State Society and Governance in Melanesia Program Working Paper series seeks to provide readers with access to current research and analysis on contemporary issues on governance, state and society in Melanesia and the Pacific. Working Papers produced by the Program aim to facilitate discussion and debate in these areas; to link scholars working in different disciplines and regions; and engage the interest of policy communities. Disclaimer: The views expressed in publications on this website are those of the authors and not necessarily those of the State, Society and Governance in Melanesia Program. State Society and Governance in Melanesia Program Research School of Pacific and Asian Studies The Australian National University Canberra ACT 0200 Tel: +61 2 6125 8394 Fax: +61 2 6125 5525 Email: [email protected] State, Society and Governance in Melanesia Program Working Paper 2007/1 2 The Moti Affair in Papua New Guinea Itself a minor matter in international affairs, the arrest, detention and escape of Julian Moti in Papua New Guinea revealed something of the relationships between three nations, the subsequent inquiry in Papua New Guinea provided evidence of the performance of institutions and elected and appointed officers, and the affair’s knock- on effects still reverberate. -
View Profile
Solomon Islands KEY FACTS Joined Commonwealth: 1978 Population: 561,000 (2013) GDP p.c. growth: 0.5% p.a. 1990–2013 UN HDI 2014: World ranking 157 Official language: English Time: GMT plus 11 hrs Currency: Solomon Islands dollar (SI$) Geography Area: 28,370 sq km Coastline: 5,310 km Capital: Honiara Solomon Islands, an archipelago in the south- west Pacific, consists of a double chain of There are large tracts of rough grass on the islands. The international airport is at rocky islands and some small coral islands. northern side of Guadalcanal and Nggela Henderson Field, 13 km east of Honiara. The major islands are Guadalcanal, Choiseul, Sule. Parts of the coast are swampy, Santa Isabel, New Georgia, Malaita and supporting extensive mangrove forests. Society Elsewhere, the coast is dominated by coconut Makira (or San Cristobal). Vanuatu is the KEY FACTS 2013 nearest neighbour to the south-east where palms. Hardwoods now grown for timber the archipelago tapers off into a series of include mahogany, acacia and teak. Population per sq km: 20 smaller islands. Its nearest neighbour to the Wildlife: Indigenous mammals are small and Life expectancy: 68 years west is Papua New Guinea. include opossums, bats and mice. There are Net primary enrolment: 93% crocodiles in the mangrove swamps and sea The country comprises the capital territory of Population: 561,000 (2013); 21 per cent of turtles nest on the shores from November to Honiara and nine provinces, namely Central people live in urban areas; growth 2.6 per February. Birdlife (more than 150 species) (provincial capital Tulagi), Choiseul (Taro cent p.a. -
Report of the Australian Parliamentary Delegation to Solomon Islands and Samoa 31 July–11 August 2011
1 The Parliament of the Commonwealth of Australia Report of the Australian Parliamentary Delegation to Solomon Islands and Samoa 31 July–11 August 2011 July 2012 2 TABLE OF CONTENTS Membership of the Delegation ................................................................................ 4 PREFACE ................................................................................................................. 5 Chapter 1.............................................................................................................. 7 Introduction ............................................................................................................ 7 Acknowledgements ................................................................................................ 9 Chapter 2: Solomon Islands ............................................................................. 10 Overview of bilateral relations .............................................................................. 10 Details of meetings ............................................................................................... 11 The Parliament ................................................................................................... 11 RAMSI .............................................................................................................. 12 National Referral Hospital ................................................................................. 13 Visit to Gizo (Western Province) ..................................................................... -
Melanesia in Review: Issues and Events, 2006 Provided by Scholarspace at University of Hawai'i at Manoa
View metadata, citation and similar papers at core.ac.uk brought to you by CORE Melanesia in Review: Issues and Events, 2006 provided by ScholarSpace at University of Hawai'i at Manoa Reviews of Papua New Guinea and functions to perform as stipulated in West Papua are not included in this Fiji’s 1997 Constitution. Perhaps the issue. sdl government assumed too much about people’s acceptance of the Fiji rule of law in a developing country By January 2006 the confl ict between or Third World context. As can be the Fiji Military Forces and the now gauged from Fiji’s coup culture since ousted government, which had been 1987, the causes of political confl ict led by the Soqosoqo Duavata ni in the country extend far beyond the Lewenivanua (sdl) party, had been scope of the modern rule of law, and continuing for almost fi ve years. One solutions involve additional political, of the main criticisms put forth by legal, and even customary measures. the commander of the Fiji Military Perhaps continued dialogue between Forces, Commodore Voreqe Baini- the sdl government and the Fiji marama, was that Laisenia Qarase’s Military Forces outside the param- government was lax in dealing with eters of Parliament could partially the 2000 coup perpetrators. A number have resolved Fiji’s ongoing political of high chiefs were allowed to serve crisis. After all, 95 percent of both the their prison terms extramurally, and sdl government and the Fiji Military one chiefl y parliamentarian returned Forces were indigenous Fijians. During to Parliament after his sentence. -
Extraterritorial Criminal Jurisdiction
EXTRATERRITORIAL CRIMINAL JURISDICTION: DOES THE LONG ARM OF THE LAW UNDERMINE THE RULE OF LAW? Extraterritorial Criminal Jurisdiction & the Rule of Law DANIELLE IRELAND-PIPER* Assertions of extraterritorial jurisdiction have become increasingly frequent in the 21st century. Although a useful response to transnational crime, such assertions are often highly politicised and used by states to further unilateral foreign policy objectives. Further, some assertions of extraterritoriality undermine the rule of law and do not provide adequate procedural fairness. While principles such as comity and reasonableness may assist in protecting the rights of states, they do not adequately protect the rights of individuals. Therefore, this article argues that extraterritoriality should be treaty-based rather than unilateral, and domestic constitutional guarantees must apply equally to extraterritorial assertions of jurisdiction and territorial assertions. Further, principles to guide exercises of prosecutorial discretion in relation to an assertion of extraterritoriality need to be developed and made available in the form of a model law. CONTENTS I Introduction ............................................................................................................... 2 II What is Extraterritorial Jurisdiction?......................................................................... 6 III What are the Rules?................................................................................................... 9 A The Territorial Principle............................................................................. -
Pol It Ical Reviews • Melanesia
pol i t ical reviews • melanesia 597 to them (NC, 6–7 Oct, 12 Oct, 24 Oct that it could get only short-term con- 2006). tracts overseas (NC, 19 Dec 2006). After a month-long blockade, the david chappell police liberated Doniambo, but only two of its four ore sources upcoun- try were functioning. The rpcr and References ae traded barbs over alleged politi- Frogier, Pierre. 2006 Speech at rpcr cal plotting behind the strike, while Congress. 20 May. the cstnc adopted ustke’s tactic IHT, International Herald Tribune. Daily. of on-again, off-again picketing and Paris. http://www.iht.com blockages (NC, 14 Dec, 17 Oct, 20 Oct 2006). The cstnc even shut down the kol, Kanaky Online. http:// fr.groups local newspaper temporarily for what .yahoo.com / group / kanaky it considered unfair reporting (pir, 7 NC, Les Nouvelles-Calédoniennes. Daily. Nov 2006), while repeated negotia- Noumea. http://www.info.lnc.nc / tions stalled. Nea went to court for pir, Pacific Islands Report. his appeal of a conviction from the http://pidp.eastwestcenter.org / pireport previous year of blockades that had rnzi, Radio New Zealand International. condemned him to three months in http://www.rnzi.com prison. The judge upheld the convic- tion and sentence, but told Nea that TPM, Tahiti-Pacifique Magazine. Monthly. he could appeal to a higher court, and Papeete. that there would likely be a “more or less generous” amnesty granted after the 2007 presidential elections Solomon Islands for union-related offenses. By mid- November, Nea was softening his For Solomon Islands, 2006 brought general strike demands, was arrested a lot of expectations for positive for diverting sln funds and, with two change, especially with regard to associates, was fi ned us$20,000, and political leadership at the national soon was offering to resign from the level. -
The World Factbook Australia-Oceania :: Solomon Islands
The World Factbook Australia-Oceania :: Solomon Islands Introduction :: Solomon Islands Background: The UK established a protectorate over the Solomon Islands in the 1890s. Some of the most bitter fighting of World War II occurred on this archipelago. Self-government was achieved in 1976 and independence two years later. Ethnic violence, government malfeasance, and endemic crime have undermined stability and civil society. In June 2003, then Prime Minister Sir Allan KEMAKEZA sought the assistance of Australia in reestablishing law and order; the following month, an Australian-led multinational force arrived to restore peace and disarm ethnic militias. The Regional Assistance Mission to the Solomon Islands (RAMSI) has generally been effective in restoring law and order and rebuilding government institutions. Geography :: Solomon Islands Location: Oceania, group of islands in the South Pacific Ocean, east of Papua New Guinea Geographic coordinates: 8 00 S, 159 00 E Map references: Oceania Area: total: 28,896 sq km country comparison to the world: 144 land: 27,986 sq km water: 910 sq km Area - comparative: slightly smaller than Maryland Land boundaries: 0 km Coastline: 5,313 km Maritime claims: measured from claimed archipelagic baselines territorial sea: 12 nm exclusive economic zone: 200 nm continental shelf: 200 nm Climate: tropical monsoon; few extremes of temperature and weather Terrain: mostly rugged mountains with some low coral atolls Elevation extremes: lowest point: Pacific Ocean 0 m highest point: Mount Popomanaseu 2,310 m Natural resources: fish, forests, gold, bauxite, phosphates, lead, zinc, nickel Land use: arable land: 0.62% permanent crops: 2.25% other: 97.13% (2011) Irrigated land: NA Total renewable water resources: 44.7 cu km (2011) Natural hazards: typhoons, but rarely destructive; geologically active region with frequent earthquakes, tremors, and volcanic activity; tsunamis volcanism: Tinakula (elev. -
Australia in the Rudd Era – Will Australia Engage More with PNG and the Pacific?
INSTITUTE OF NATIONAL AFFAIRS Speech Series No. 16 Australia in the Rudd Era – Will Australia engage more with PNG and the Pacific? Sean Dorney March 2008 First published: March 2008 Published by: Institute of National Affairs PO Box 1530, Port Moresby NCD Papua New Guinea Copyright © 2008 Institute of National Affairs ISBN 9980-77-154-2 National Library Service – Papua New Guinea ii “Australia in the Rudd Era – Will Australia engage more with PNG and the Pacific?” A Public Address by Sean Dorney Pacific Correspondent ABC/Australia Network As part of Australia Week 2008 About a month ago, when Paul Barker and I were tossing around ideas for my subject matter tonight – he suggested a theme with some focus on PNG, Australia and their relationship. So I emailed him back, asking if I could keep it brief and simply get up and paraphrase what Kevin Rudd had just said in the Australian Parliament to the Stolen Generation – “Oh, look, all I want to say to the people of Papua New Guinea about our complex relationship is – Sorry, sorry, sorry!” And then I’d sit down? In fact, like a lot of you Paul, who does have a reasonable sense of humour, did not think that was appropriate or even funny. And, indeed, “Sorry” is not quite the right word. I don’t believe that we, non-Aboriginal Australians, need to be as apologetic to the people of this country as, perhaps, we need to be to the indigenous people of our own. After all, we opened up the ballot boxes to Papua New Guineans here in 1964 – a year before Aborigines were allowed to vote in Queensland State elections and three years before Aborigines were even permitted to be included in the Australian census.