Will the 2012 General Election breach the Constitution?

By: Barry Holloway and James Macpherson 

The Danger 

The next Parliament risks unconstitutional membership. Elections for provincial and open electorates could breach the Constitution. Such a breach would undercut a national strength: our Parliament. This Parliament needs to make informed decisions quickly so that elections to the next Parliament are constitutional.

Achievements of this Parliament 

Parliament has enacted the first changes to its electorates since Independence. Provision for Jiwaka and Hela provincial electorates is the first change to boundaries of any electorate since before Independence. Amendment of the Constitution to provide for women’s electorates shows willingness to consider radical changes by the overwhelmingly male majority. These achievements can form a foundation for a stronger Parliament.

Unconstitutional Elections for Provincial Electorates 

Elections to provincial electorates will breach the Constitution. Section 126 of the Constitution requires electoral procedures defined by an Organic Law. Parliament has repealed provisions in the Organic Law on National and Local-level Government Elections for electoral procedures for Provincial MPs. Election of Provincial MPs could be challenged in Court.

Will Parliament amend the Organic Law on National and Local-level Government Elections to provide for election of Provincial MPs?

Or Will Parliament go into the next General Election in breach of Constitutional requirements for elections to provincial electorates? 

Unconstitutional Number of Open Electorates 

The number of open electorates in the present Parliament and for the next Parliament breaches the Constitution. The Organic Law on National and Local-level Government Elections requires between 110 and 120 open electorates. There are 89 open electorates.

It is too late for a Boundaries Commission during this Parliament to recommend new electorates for the 2012 General Election. To prevent constitutional crisis the Organic Law should be amended to provide a range of Open Electorates which includes 89 open electorates. Will Parliament amend the Organic Law on National and Local-level Government Elections to make constitutional the number of Open Electorates? 

Or  

Will Parliament go into the 2012 General Election in breach of Constitutional requirements for the number of Open Electorates? 

Women’s Electorates 

Parliament has enacted amendments to the Constitution to provide for women’s reserved electorates. The gap in legislation parallels that for provincial and open electorates. The Organic Law on National and Local-level Government Elections should be amended to provide for definition of the electorates and elections to them.

Will Parliament use the gap in the Organic Law on National and Local-level Government Elections to prevent elections for women’s reserved electorates in 2012?  

Will Parliament use parallel gaps in the Organic Law on National and Local-level Government Elections for elections to provincial electorates and number of open electorates to prevent elections to provincial and open electorates in 2012? 

Timelines and the 2012 General Election 

Constitutional laws require one month notice and two months opportunity for debate. Parliament’s Constitutional Laws and Acts Committee must recommend on legislation before the first opportunity for debate. Amendments to the Organic Law on National and Local-level Government Elections require a three quarters absolute majority.

The Legislative Working Group, appointed by NEC, has drafted amendments to the Organic Law required to make constitutional:

• Elections to provincial electorates; 

• The number of open electorates; and 

• Elections to women’s reserved electorates.

If these amendments are not enacted, the next Parliament will be unconstitutional. The legislative program to create a constitutional Parliament must start now.

PNG's failed mutiny worsens investment risk: S&P

(Reuters) - Papua New Guinea's investment risk has worsened after a failed mutiny, with Standard & Poor's revising its outlook to negative on Friday and warning that the political crisis, with two competing prime ministers, was impeding the resource-driven economy.

Early Thursday, up to 20 soldiers raided the main army barracks in the capital Port Moresby, seized their chief commander and placed him under house arrest, and announced a new military commander.
The rebels demanded the reinstatement of deposed prime minister Sir Michael Somare, but by Thursday night the mutiny had failed and the government of Prime Minister Peter O'Neill was back in control.
"Political settings in PNG have weakened following the detention and later release of the defense force chief," said S&P in revising down the outlook for South Pacific nation, whose 'B+/B' sovereign credit rating was affirmed.

"We would lower the ratings if the political friction remains unresolved, leading to a loss of donor support and investment required to diversify the economy and buttress PNG's government finances and external position."

U.S. oil giant ExxonMobil is in the process of developing a massive $15.7 billion liquefied natural gas plant, the country's biggest-ever resource project.
A country of 6.5 million people, Papua New Guinea has vast mineral wealth although 85 percent of its people live a subsistence village life.

Port Moresby is plagued by lawless and often violent "raskal" gangs of youths and the country has a history of political and military unrest.

An army mutiny in 1997 overthrew the government after it employed mercenaries to try to end a long-running secessionist rebellion on the island of Bougainville, home to a big copper mine.
On Friday, the rebels were reportedly inside an army barracks on the outskirts of Port Moresby, with the government saying they would be dealt with.

Papua New Guinea has been in the grip of a political deadlock for months, with O'Neill and Somare both claiming to be the legitimate prime minister.

O'Neill took office in August after Somare was ruled ineligible as a member of parliament due to illness and absence from parliament. Somare was in Singapore receiving treatment for a heart condition.
But the Supreme Court in December ruled Somare be reinstated as a member of parliament. O'Neill rejected the ruling and parliament again voted him prime minister, leaving the country with two competing leaders.

"The unresolved claims to the prime minister position underlie the vulnerabilities associated with the country's fragmented political structure," said S&P.

MONEY LAUNDERING CAUGHT UP IN JULIA GILLARD & PETER ONEILL'S UNHOLY MARRIAGE!

Australia belongs to the ASIA PACIFIC GROUP ON MONEY LAUNDERING (APG). This group consists of many countries in the region including Malaysia, Singapore and Indonesia. In addition these countries have international Interpol obligations and have also entered into bi-lateral law enforcement cooperative arrangements with Australia, especially in the wake of 9/11 and the Bali Bombings. Under these arrangements, and especially under APG, all transactions above a certain amount in the banking system or known by other intelligence  automatically triggers internal reporting in Member countries, as well as to Member countries and their law enforcement agencies. Ever since the 9/11 bombings, (when  as I revealed large amounts of money were transacted by terrorists through Fijian banks)  the controls have been tightened, and the intelligence is followed and analysed on a daily basis, particularly because it has become a life and death business.

In Australia, recently passed Anti-Money Laundering and Counter Terrorism-Financing Legislation exists to net almost anyone transacting over $10,000 in cash. All anomalies are followed through. In addition to that the Financial Transactions Reporting laws and  the Australian Transactions Reports and Analysis Centre (AUSTRAC) already have files on the Three  Busketeers. (As an aside, Australia keeps a file on all PNG MPs and collates just this type of information, just in case they need it one day).

These facilities combined with the facilitation of the APG Group/Interpol reporting, Australia already has the low down on our Three Busketeers activities in relation to the $250 Million. The information kept on the main man, Capt. Namah is quite a file. It includes his visits to Casinos of Australia and how much he spends. The Casinos disclose all, as they are required by law to do.

So far the Australian government has not cried foul! They have not screamed bloody murder when the PNG Supreme Court Orders were flagrantly breached by the O'Neill-Namah regime. When the Constitution was clearly breached on 2nd August 2011 by O'Neill-Namah regime Australia kept very very quiet. It was as if O'Neill had had a private one on one with the Australian High Commissioner and got Canberra's and especially Gillard's nod before the events of 2nd of August 2011.

All the signs are clear that O'Neill did do a deal with the Australian government on his intent, and got the nod to do it. Somare, someone who grew up being told he was a native and could not drink beer in the Papua Hotel with the whites, but relegated to the natives side (outside) always knew the devils he was dealing with, and always saw through their lies. Australia never liked that, to this day. They couldn't do certain things to control PNG because he was forever an obstacle. Somare's position has always been, 'I championed Independence to free us from Australian colonial domination in every way- not to become modern day bonded slaves'.

Whatever the details of the deal  that Peter O'Neill did before  the 2nd August heist in Parliament, he was confident of Australia's support, and of course that means Post Courier's support too. Peter would have packaged and sold himself as a man of mixed parentage, that his feelings for his Australian-ness could not be doubted. That he is a modern mature business- friendly and loyal face to further Australian interests. Of course, Australia didn't sell its loyalty cheaply too. They named their price. O'Neill agreed. That was the deal.

Immediately after 2nd August 2011, Peter O'Neill flew to Canberra to sign a number of Bi-Lateral Agreements with Australia. Those Agreements consist in part what O'Neill had agreed to. The Federal Attorney Generals Office, (which also houses and administers ASIO) had been busy writing up their wish list including getting everything they wanted in 2004, but the Supreme Court of PNG had thrown them out. They waited 8 whole years for this moment. They rushed these agreements to O'Neill to sign, as per pre-arranged agreements made prior to 2nd August 2011. O'Neill did not let the ink dry, he didn't let these important Agreements to be reviewed critically by the State Solicitors Office with Independent Advice to Cabinet on their full terms and implications. No, O'Neill did not do any of  that- very very surprising and worrying indeed!

The significance of pre-2nd August 2011 understanding  between O'Neill and Australia is that O'Neill agreed to sell PNG to Australia, and Australia agreed to grant him and his government political recognition.

Australia's conduct so far has been absolutely consistent with this understanding. They have opted to take this nation ( RAMSI- Solomon Islands style), a greater prize as it is, than decry  the obvious breaches of the Constitution or rule the rule of law. They have decided they are not going to even bother Peter O'Neill trampling all over the Supreme Court and the Constitution. WHY? They have agreed , and they know what they are getting and O'Neill knows what he is getting.

Never in my wildest dreams have I thought after the Supreme Court had made its decision on the ECP Program in 2004, a Political Leader and purported Prime Minister would go and sign Agreements contradicting the explicit intent and spirit of the Supreme Court Decision.

Then again, am I to believe that the attempted impeachment of the Chief Justice an accidental idea that popped up in some one's mind as they were getting drunk at Airways, cuddling and fondling naked Asian Women serving their every whim? Perhaps not! It would seem that it was a planned act of indifference and active disobedience of the laws of this country that Australia may have planted the seed, and watered in an unholy trade-off. Australia had a hand, even if in passive silence, in the lead up softening up of the Court prior to its decision of 12th December 2011, because it had already agreed to disregard the 2004 majority Decision of the same Court on the ECP case .

The Conduct of Australia so far is consistent with it having agreed to desecrate the 2004 Supreme Court Decision on the ECP, it cannot scream at O'Neill to respect the Supreme Court Decision of 12th December 2011. Australia could not talk about governance. It could not talk about the rule of law. It could not talk about respect for decision of the Supreme Court.

Australia had traded its ability to hold any government in PNG, and indeed in the Pacific to account  on those noble , but empty, principles, for the sake of a greater prize- the sheer joy and pleasure to come back to PNG at a time such as this, nullify our political Independence, take control of this nation and its resources, so that it can grow Australia's economy! That is why, while the rest of the world, including the Queen of England who is the head of the Commonwealth, were quite shocked at what transpired on 2nd of August 2011, Julia Gillard,( even to the shock of John Key of New Zealand) was the first to offer her recognition and congratulations to Peter O'Neill, for they had become Partners in Crime, and nuptials in this unholy marriage of convenience and political expediency, where they have relegated us, the people of PNG, to the ranks of page boys and flower girls.

What did Peter O'Neill do? He sold our Pride. He sold our Dignity. He sold our Nobility. He sold our Heritage and our History of 6o,ooo years ( to a 200 year old upstart!). He sold our Integrity. He sold our Nation.

I have to say this, so that those who live in the fast land of political expediency and get rich quick schemes must know that there are somethings that we as a people of ancient makings hold fast. The things that we consider important, that defines us as a people. Not every thing that we have and we are can be bought or sold, and yet these young plebs drunk with power think they can sell everything including our dignity! My very brown arse!!!

NO PETER O'NEILL YOU CANNOT SELL US OUT. YOU CANNOT AND MUST NOT ALONG WITH YOUR NUPTIAL  JULIA GILLARD DESTROY OUR JUDICIARY. YOU CANNOT SELL US AS A PEOPLE EVEN THOUGH YOU MAY AT TIMES FEEL MORE IRISH THAN PANGIA.

What Peter O'Neill did do is, he sold his soul. BUT HE DID NOT SELL OUR SOUL AS A NATION. That is why, I stand my ground, and I rule a line in the sand, where my fathers stood and where their fathers stood, the very same sand, and say to you Julia Gillard, SHAME ON YOU! SHAME ON YOU! YOUR DEEDS HAVE FOUND YOU OUT!

The announcement recently by the Acting Australian High Commissioner recognizing Peter O'Neill is consistent with the pre-2nd August 2011 pact. The 2nd August 2011 heist was a pre-meditated action in which Australia was an important part lending credibility and certainty. Australia went so far it could not pull out after the 12th December 2011 Supreme court decision. Australia has been waiting in the wings hoping the situation would resolve itself, but it didn't, and the recent military so called mutiny ( self created by O'Neill-Namah to grant themselves credibility) was used as the opening to recognize O'Neill as Prime Minister.

Australia couldn't stoop any lower than the gutters, but that is where it finds itself today on the charts of Great Nations and on the Charts of Democracy. Today every PNGian needs to hold his head high and be proud, because we, unlike certain people, do not go around selling our nation or our souls. We respect the Constitution, the rule of law and decisions of the Supreme Court which is more than what Australia has proven capable of! SHAME! SHAME! SHAME.!

It is therefore and in the context of this unholy marriage between Julia Gillard and Peter O'Neill that the Australian Authorities cannot do what is right in pursuing and revealing what they know about the activities and the files of the THREE BUSKETEERS OF WAIGANI. Australia is not being a responsible neighbour and is failing to discharge its International obligations in matters of Money Laundering, tax Evasion and combating Terrorism.

Again I hold grave fears for our democracy because countries like Australia who tasked themselves to coordinate and operate  our Interpol obligations, who speak often of regional law enforcement, cannot lift one finger to save us, when it does not suit them politically.

I urge all PNGians to note that this is a typical Canberra thing. The views of millions of decent Australians would be to do the right thing. Canberra always tells us to do one thing, when it does the very opposite. That is why Canberra is good at double tonguing, double talking and being double faced.

One Country

PM CALLS FOR EARLY ELECTION

PRIME Minister Peter O’Neill, shaken by yesterday’s mutiny by rebel troops, will move to dissolve parliament next month and go to early polls to end the current political impasse.
He said he would seek his government’s blessing to bring forward the scheduled June general election.
O’Neill said this after announcing that the day-long mutiny by the 30 rebels, led by retrenched colonel Yaura Sasa, at Murray Barracks headquarters, was over.

Fifteen of the soldiers have been arrested and Sasa was being “dealt with” but O’Neill declined to clarify what this meant (details, see Page 2).
O’Neill said he would ask his government during the February session of parliament whether they should pursue the option of an early election.

“We are looking at going for early election as quickly as possible to end this political impasse and we hope the Electoral Commission is ready for early elections,” he said.
O’Neill said this yesterday when he accused the Somare camp of inciting mutiny at the Murray Barracks and trying to illegally take over the Papua New Guinea defence force
“The dramatic situation at the Murray barracks yesterday morning demonstrates the desperate length Somare can go to wrestle government,’’ O’Neill said.

“Somare tried to cleverly manipulate an internal issue in the force to his advantage, to use the military to take government by force.”
O’Neill late yesterday commended senior military officers for restoring control at Murray Barracks and thanked the public for showing restraint despite the drama.
O’Neill said issues relating to the soldiers’ grievances would be addressed - including ending the political uncertainty by dissolving parliament.

In a dramatic turn of events at Murray barracks yesterday, a group of soldiers led by retrenched PNGDF Col Yaura Sasa detained Commander Francis Agwi at his residence.
“Yesterday morning, a group of soldiers illegally and unlawfully placed PNGDF Commander Brig-Gen Francis Agwi under house arrest and tried to take control of the country’s defence force,” O’Neill said.
“Without any lawful authority, retrenched Sasa declared himself the commander, held a press conference and made political statements he had no authority to make.”

O’Neill said retrenched Sasa was not appointed by the government to replace Agwi.
“He has no legal and valid instrument to back his claim that he is the commander. He is a civilian who was misled by the Somare camp to carry out an illegal and unlawful act.
“The action by Sasa has no support of the rank and file of the PNG Defence Force. His attempt to take over the force has now been neutralised, and normalcy has been restored at Murray barracks.
“By his public statement, it is clear Sasa was used to stage this illegal act to call for the implementation of the Supreme Court decision. He has no authority to make this statement, He is a civilian who is not supposed to be at the barracks at all.

“As we are all aware, the Supreme Court handed down its decision on Dec 12.”
He said parliament took note of the decision and disposed of it by making a number of legislative changes and decisions, one of which was to reaffirm him as prime minister.
O’Neill said the Supreme Court decision, and the decision of parliament, were now the subject of various court proceedings before the National and Supreme Court.

He said the proceedings were initiated by both sides and awaiting the outcome of these proceedings.
“But what we have witnessed is a desperate attempt by Somare to trample on proper and legal processes to get into government,” he said.
O’Neill said Sir Michael had been looked after by the country for 45 years and he owed it to the seven million people of PNG.
“Sir Michael as the founding father of this nation should not be creating uncertainty,” he said.
O’Neill said those responsible for the drama at Murray barracks would be dealt with - including Sir Michael and those supporting him.

The National

Military mutiny over for now,

AN ATTEMPTED military coup led by a retired colonel in the Papua New Guinea capital, Port Moresby, yesterday led to a tense standoff between forces loyal to Peter O'Neill and Michael Somare, who both claim to be prime minister.

By nightfall yesterday, Colonel Yaura Sasa and soldiers of the 1st Battalion, who had taken the Defence Force commander, Francis Agwi, hostage in the capital's main barracks, had released their captive. Mr O'Neill said he remained in control and Colonel Sasa had been ''dealt with''.

Earlier in the day, shots were fired, domestic flights were cancelled and road blocks were set up to contain what threatened to be a serious situation. The drama began when a group of soldiers - reported to number about 20 - stormed PNG's main Murray Barracks in the capital at 3am.
They placed Brigadier-General Agwi and two other unnamed officers under house arrest after they deemed them to be supporters of Mr O'Neill.

General Agwi had rejected Sir Michael's request to call out the army to back him during the two-week political crisis before Christmas. Colonel Sasa demanded yesterday that politicians resolve their differences by reinstating Sir Michael as prime minister within seven days

''My task is restoring the integrity and respect of the constitution and the judiciary,'' he said at a news conference. ''I am now calling on the head of state to immediately implement Sir Michael's post.''
Sir Michael claims a December 12 Supreme Court order reinstated him as the country's leader while Mr O'Neill maintains Sir Michael was disqualified as an MP after a prolonged absence from Parliament because of sickness.

Mr O'Neill told a media conference yesterday he remained in control of PNG's civil infrastructure, including the police and armed forces. He said Colonel Sasa had been ''dealt with'' but would not elaborate.
His deputy, Beldan Namah, a former defence force captain, earlier told the Herald Colonel Sasa would be arrested for treason after giving him a deadline of ''4.06pm'' - the official knock-off time for the civil service - to hand himself in to authorities.
He described Colonel Sasa's supporters as ''very, very junior ranks'' coerced by political opportunism.

''I want to say this to Somare: You have lost your mind. You have lost total control of yourself. You have lost your mind. You have lost sanity,'' he said.
The Prime Minister, Julia Gillard, issued a news release late yesterday urging ''the PNG Defence Force chain of command [be] restored''.

''The military has no place in PNG politics,'' she said. ''It is critical therefore that this situation be resolved peacefully as soon as possible.''
Port Moresby's Jackson airport was temporarily closed yesterday with Airlines PNG cancelling flights to Lae, Wewak and Kiunga ''due to security issues in Port Moresby'' and Air Niugini cancelling similar services. The move appeared to be aimed at preventing other dissident troops from joining the mutiny in the capital.

The Department of Foreign Affairs and Trade advised Australians to limit travel around Port Moresby ''due to disturbances at Murray and Tarama Barracks''.
Yesterday's action is the second military mutiny in PNG after the Special Forces Unit illegally took control of the defence force operations centre at Murray Barracks on July 28, 1997.

SMH

MILITARY MUTINY OVER

Col Yaura Sasa and his mutineers have surrendered.This has been confirmed by former PNG Defence Force officer Reg Renagi. "I just spoke to my inner circle military contacts within defence headquarters now," he said."Things have quietened down now. "General Francis Agwi's office keys have been returned to him."The renegade soldiers have also returned their arms back to their superiors. "The situation within Murray Barracks is simmering down down so all's well, ends well." 

-MALUM NALU

Retired PNG colonel addresses media