Png Non-Nationals

In the Assembly

Permits Soon For All

From Percy Chatterton,

in Port Moresby.

In Papua New Guinea’s House of Assembly the long de ferred and eagerly awaited debate on provincial government has turned out to be, for the moment at any rate, something of an anti-climax.

This was because the groups whose ideas had been at variance on the subject, that is the government, the Opposition and the Nationalist Pressure Group, got together behind the scenes and ironed out their differences. As a result, the only stilloutstanding chapter of the Constitutional Planning Committee’s report was adopted, with some amendments, on the voices, after quite a brief debate.

This happy result was obtained by compromise.

The Nationalist Pressure Group wanted the powers and functions of provincial governments set out in full in the constitution, while the government wanted them to be the subject of ordinary legislation. The compromise reached was that they should be set out in one of the “organic laws” which will supplement the constitution and which, as I under-

stand it, must be enacted before the latter can come into force, This meets the government’s desire for flexibility, since the “organic laws” will be more easily amendable than the constitution; and it also meets the Nationalist Pressure Group’s concern that the powers and functions of provincial governments should be safeguarded from erosion by central government, As a result of this compromise, the chapter on provincial government in the constitution will be compara tively brief, and will deal with general principles only. On the other hand, the debate on provincial government will no doubt burst into full spate again when the “organic law” on the subject comes before the House and the back benchers who were dis gruntled when the government suc cessfully gagged further debate on the CPC’s provincial government chapter

will have their chance of airing their views then.

But as a matter of fact a very large area of agreement has already been reached. This includes minimum initial powers and functions for pro vincial governments, conditions under which the National Executive Council may suspend a provincial government, and principles relating to the revenue raising powers of the provincial and national governments respectively. All parties agreed that national govern ment should control natural resources and collect royalties derived there from, and that it alone should have the right to collect import and export duties, excise duties, taxes on corpo rate profits and taxes on personal in come.

So the constitution is now in the hands of the legal draftsmen, and it is hoped that it will be ready for presentation and debate some time between April and June, earlier rather than later if the Chief Minister has his way.

In addition to completing its con sideration of the CPC report, the House passed a number of pieces of legislation during its 2i weeks of sit tings, two of them being of special importance.

One of these was the Land Dis putes Settlement Bill, which gives effect to some of the recommenda tions of the Commission of Inquiry into Land Matters.

It provides for a three-tier system of dealing with land disputes. Such dis putes will in the first instance come before a land mediator, who will be a man respected in and knowledge able about the area concerned. If agreement cannot be reached through mediation, the dispute will go before a local land court consisting of a local court magistrate sitting with a panel of land mediators. Should the parties to the dispute be dissatisfied with the decision of this court, they will be able to appeal to a district land court, whose decision will be final.

It is hoped that this new system

will produce quicker and more acceptable decisions than those reached in the past by the Land Titles Commission, which however, will presumably continue to deal with dis putes between land-owning groups and the government.

The second piece of legislation of importance to be enacted radically changes the provisions of the Migra tion Act in relation to the entry of non-nationals into Papua New Guinea and the continued residence of those already here.

It provides that after the end of this year all non-nationals in PNG must be in possession of a valid entry permit. Applications for such permits will be considered on their individual merits, and permits issued will specify the period for which they will remain valid.

Any non-national not in possession of a valid permit may be deported without right of appeal to the courts, though he will be entitled to have his case reviewed by a panel of ministers.

When I have been asked from time to time whether I intend to stay in Papua New Guinea after indepen dence I have always modestly replied, “Yes, unless they throw me out”.

It looks as if my caution has been well advised!

In the village of Baruni on the outskirts of Port Moresby on Sunday, March 16, one of the leaders of the Papuan independence movements, Miss Josephine Abaijah, formally “de clared” that Papua had seceded from Papua New Guinea.

“I declare that Papua is now a free and independent country”, she said. “From this day we will not recognise the authority of any person involved with any foreign or colonial power or institution.”

The PNG Government decided to take no action against Miss Abaijah and other separatist leaders who were involved in similar ceremonies around Port Moresby. At one, Mr Simon Kaumi, who was to be proclaimed President of Papua, was simply in troduced as one of the separatist leaders. Police leave had been can celled in anticipation of trouble, but everything was orderly.

Miss Abaijah said the declaration was not an attempt to overthrow the government and no attempt would be made to take over any of the services of central government. It was merely to make Australia face up to its re sponsibilities and recognise that Papua could not be forced to join New Guinea.