The news magazine of the South Pacific · since 1930

Pacific Islands Monthly, 1 December 1974Vol. 45, No. 12

PNG's Constitution

pp. 27-28 · Read in the full issue

Calm after storm over PNG's Constitution

From Percy Chatterton

in Port Moresby

After a week’s break, the Papua ew Guinea House of Assembly re imed sittings on October 14, and, I sitting days later, rose on the 29th -or, to be more accurate, in the early )urs of the 30th.

The break had been a politically rbulent one, with Father Momis’ ationalist Pressure Group and Simon aumi’s Nationalist Action Group >arliamentary and non-parliamentary ings of the same movement) staging :monstrations against the previous sek’s decision to grant “provisional tizenship” to non-indigenes during e period in which they are waiting become eligible for naturalisation full citizens under the Constitu >nal Planning Committee’s pro >sals.

There had been some extraordin y outbursts of emotion and even reats of violence, based on the ghly-improbable assumption that ousands of white expatriates will owd through this grudgingly >ened door and “take over the iuntry”.

In cold fact the stringent con tions proposed for the granting of ovisional citizenship, and the possi bly that even if granted it may bsequently be revoked leaving the ctim stateless, mean that anyone irrently enjoying full citizenship of i affluent country will need to be [her very courageous or completely azy to take the risks involved in plying for it.

Chief Minister Somare’s guess that •t more than 200 white expatriates II apply is probably an over timate. The PNG Post-Courier is about right when it called this rore a non-issue.

Anyway, the Chief Minister kept s cool, and when the House re sembled was in a strong enough sition to secure an overwhelming te in favour of the termination of r John Kaputin’s appointment as a inister. (Mr Kaputin had previously en deprived of his Justice portfolio, t had continued in office as a nister without portfolio). At the rne time the Public Service Board Dved to suspend from duty the Sec ary (ie departmental head) of the jpartment of the Interior, Mr non Kaumi, who had taken a lead l part in the previous week’s de

monstrations, and had allegedly ad vocated the overthrow of the govern ment which he was supposed to be serving.

When, after the completion of a Budget debate which maintained the well-established reputation of PNG budget debates for dullness and irrelevance, the House got back to the discussion of the Report of the CPC, the going was fairly quiet with a number of divisions but few fire works, and by the time the House rose chapters five and six of the Report had been disposed of.

In the debate on chapter five, dealing with human rights and ob ligations and emergency powers, the Opposition was successful in its aim of having the Bill of Rights included in the Constitution itself, and not relegated to subsidiary legislation as

the government proposed.

Chapter six deals with the national legislature, which in future is to be called the National Parliament but which will not differ greatly in com position from the present House of Assembly. However, the National Pressure Group, with Opposition support, was able to insist on the adoption of the CPC’s proposal for a five-year term of office for future parliaments in place of the present four-year term.

On the other hand, the government secured the retention of “regional seats”, which the CPC had wanted to abolish, but had to drop its pro posals for educational or literacy qualifications for candidates for these seats.

There are still nine chapters of the Report left for consideration at the House’s November sittings, but prob ably not more than two of these will be controversial.

In spite of the House’s pre occupation with budgetary and con stitutional matters, the government managed to secure the enactment of some important legislation. Of the bills agreed to, the most far-reaching in scope was that providing for the establishment of a National Develop ment and Investment Authority (NIDA for short) which will have wide powers of control over foreign investment and the activities of foreign-owned companies. There was also a measure designed to detach PNG’s armed forces from the Aust ralian military forces and make pro vision for their control, discipline

and use after independence.

A new Criminal Code which was! enacted is in the nature of an interim! measure, designed to amalgamate the! previously separate Papuan and New!

Guinean codes and generally to tidy! them up, pending an entirely new! look at the code to be undertaken! by a Law Reform Commission yeti to be set up. An unexpected feature! of the interim code is that it sub-| stitutes mandatory life imprisonment for the death sentence in cases of! wilful murder.

The tabling of a highly-criticall report from the Auditor-General led! to the introduction and enactment on a Bill designed to tighten up and streamline audit procedures. The fad that the Auditor-General’s strongest criticism was directed towards the expenses accounts of ministers trad veiling overseas was no doubt the reason why the government moved so rapidly on this issue. In the coun-J try at large there is already consider-! able criticism of the amounts being! spent on “trips for the boys”.

Our parliamentarians are being] worked hard these days, and they] evidently feel that they are not being] adequately remunerated for their] labours. A motion calling for an in-] crease in backbenchers’ salaries was] passed by a substantial majority; but] modestly it did not suggest howl much or when.