Thursday, April 02, 2009

Open defiance of the rule of law - a cause for concern Papua New Guinea

By PNG IGO WE NAU

 

In recent times, Papua New Guinea has experienced unprecedented level of crime with one international organisation dubbing Port Moresby as “one of the most dangerous” capitals on the Planet Earth.

Many of us in PNG will argue that that rating is over-exaggerated considering a number of determining factors including population, frequency of crime and others.

But, despite that, the fact is that in the past few years there has been an increase in highly organised crimes committed in PNG.

Concerns have been raised by people from all works of life for immediate and appropriate government action.

This includes the numerous calls for the Government to start acting and implementing the recommendation of the National Guns Summit report headed by Major General Jerry Singirok (retired).

To this date, the government is yet to implement the recommendations and the report is like a number of other government commissioned reports, collecting dust including the finding of inquiries into the former National Provident Fund (Nasfund), former PNG Investment Corporation (Pacific Equities Balance Fund) and the PNG Defence Force Commission of Inquiry.

These inquiries revealed misuse of funds, abuse of process and breach of the country’s law. Yet, Grand Chief the prime minister has seen fit not to act on them and allow the reports to collect dust.

While the government procrastinates on what to do with these reports more crimes are being committed with the use of arms including high-powered guns.

Had the government moved immediately to implementing the Singirok report, the crime situation may not have reached the current situation.

Has the government moved to act on the initiatives of   PNG professional organisations who met on July 11 and 18 2007 and recommended with a programme for the Government to adopting and dealing with the country’s state of crime and corruption?

The recommendations included:

•           Establishment of a Pacific regional peace keeping force, an idea first suggested by former prime minister and currently governor for New Ireland Sir Julius Chan;

•           Australian ECP experts to be actual operational roles right across the spectrum of the PNG public service to set standards in an attempt to week out corruption; and

•           Reforms in the Whistle Blowers Act, Freedom of Information Act, Vagrancy Act, Crimes Act for Stolen State Property, Tribal and Clan Prosecution Act; and

•           Amendments to the National Intelligence Act

Does the nation have to wait for brutal murder or senseless killing of a serving or former prime minister, minister, governor general, governor of a province or a member of parliament before something is done.

The onus is on the government. The buck stops with the Government. It is high time the current executive government to move at lightning speed to act responsibly.

The innocent majority of over six million PNG citizens deserve better than this from the current government.

Why should the defenseless and innocent majority suffer and live in constant fear? Why should our ordinary peace-loving citizens be at the mercy of the gun-trotting, trigger-happy and senseless criminals?

When will the prime minister start implement the Singirok report as well as the commission of inquiry reports?

The possible and the highly likely reason for the current open defiance of the rule of law in Papua New Guinea is because the common, ordinary and grassroots people are fed up of the so-called leaders getting away with punishable offence and crimes.

The rule of law must be observed from the highest ranking state official in Port Moresby down to the ordinary villagers in the remotest parts of PNG.

People everywhere are saying that if the so-called leaders are getting away with serious crimes why shouldn’t the small people do likewise.

As well, the nation has been anxiously been waiting to hear what the government was doing to resolved a number of controversies/scandals confronting this government including:

•           Julian Moti affair of Oct 10 2006 in which an international fugitive was spirited out of Port Moresby to Solomon Islands in a clandestine operation on a PNG Defence Force aircraft ordered by the PM as revealed by the PNG Defence Commission of Inquiry.

The Inquiry established that secret operation was ordered by the MP and made startling revelations of the PM’s direct involvement by directing Moti’s escape breaking Civil Aviation, Immigration , Security and Customs laws, breaching the Public Finance (Management) Act and the Constitution of the Independent State of Papua New Guinea. The inquiry recommended for the PM’s prosecutions and all others involved.

However, despite the compelling evidence of breach of the country; laws, the Prime Minister failed to act.

Instead he has sought relieve from the National Court to prevent publication of the Inquiry report.

The current National Alliance-led government is perceived locally in PNG and abroad on the international front as Government that is not transparent, not accountable for its actions and inactions and cannot be trusted.

Simply put, it is a Government plagued, riddled and infested with controversies and scandals.

All relevant state law enforcing agencies including the Judiciary, Ombudsman Commission, Public Prosecutor, Police Force, National Intelligence Organisation, Internal Revenue Commission and others have a paramount constitutional duty to protect and act in the interest of the majority of our people.

It is imperative on the incumbents to move swiftly to perform their Constitutional duties to fully investigate and take appropriate corrective action against all who have been implicated as well as recommended for prosecution.

The Constitutional office holders are empowered by the National Constitution to without fear or favour perform their duties in the best interest of Papua New Guinea.

A number of very important public offices including the Office of the Prime Minister has been brought to disrepute and demeaned by the mere actions of certain individuals.

PNG is being terrorised by highly-organised crime and deep-rooted corruption to an all time high and has reached unprecedented levels which required urgent and resolute response all state law enforcing agencies.

Crime and corruption is systematic and institutionalised and need the fullest co-operation people in all sectors of life to rise and support the professionals and civil society to root out this cancerous crimes from our society.

 

 

 

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