Integrity of Political Parties & Candidates

So I was talking about looking at the organic laws on the integrity of political parties and candidates and it must have meant to have been because unbeknownst to me, in a personal email i received a day before i blogged, a friend had actually sent me a bunch of documents including that very piece of legislation.

I had a look at it and to tell you the truth it the bulk of it is good in terms of bringing stability. I had read a newspaper article that indicated it was very restrictive and here are some of the restrictions it places that are onerous:

• s57: Members of a registered political party can not resign from the party unless they do within a 3 month period before the next elections are called. Further, resignation must be tendered with 30 days of the 3 month period. ie; So if elections are being called in December 2008, you can only quit your political party in September 2008. The only other way of quiting your political party is to show that the party committed a serious breach of its own constitution or has been made insolvent. The onus being on the person wishing to quit the party. Resignation for any other reason amounts to misconduct in office. So say, an independent member joined a party before parliament resumed after an election and 1 year into it finds he/she can't support the actions of that party any longer, it really is a "too bad buddy" situation. That member is stuck with that party for the whole 5 year term!
• s75 & s81: Citizens and non-citizens can donate a maximum of K 500 000 to candidates and political parties. Donating more than that results in a K10 000 fine or jail for no more than 2 years. Are you kidding me? K 500 000! If someone had more than that to donate, i'm sure they are not about to be perturbed by a mere K10 000 fine. Why is the maximum amount so huge? The US Presidential candidates can only have max donations of $US 4600! K 500 000 (or more) is preposterous and allows for favour-buying.

Something interesting though:

• s42(d): The Commission may cancel the registration of a registered political party where – the party without reasonable justification, fails to file financial returns, as required by this Law, for two consecutive years.

I know Somare hasn't been filing them but what about his party? If NA hasn't either then here's another way to get rid of them.

P.S the 18 months grace period for votes of no confidence is contained in s145 of the Constitution.

In other news, PNG will be one of the four Pacific countries Australia involves in their Pacific Solution/working visa arrangement. This makes me very happy because I swear I read just the other day that PNG would in fact NOT be one of the countries in the pilot program and was poised over my keyboard ready to cry out at the unjustice of it all!

Also, because I can't keep up with the hypocrisy, I will now have a column on the side for "Somare says" so we can all keep track of his "fight against corruption." I won't front, I started this blog to give an objective as possible insight on PNG politics and corruption but when the PM continues in the way he has, it's really hard not to just disbelieve and remain sceptical of everything he does say.

Here are two very good letters to the editor from The National: http://www.thenational.com.pg/081908/letter1.php, and; http://www.thenational.com.pg/081908/letter5.php. I strongly agree with the latter, the only way this country can really progress is by developing our human resources in a well- rounded way, education + attitude development, and I have blogged about the importance of ideology before.

Before I leave, here is a blog by a Papua New Guinean really trying to empower the people. I've heard about him and read his column but haven't yet read one of his books which I hope to get around to, he is the type of Papua New Guinean that gives me hope for our country: http://tirikuimbakul.blogspot.com/

Coming up soon: issues/rumours about the judiciary and its independence.

Oh and how much faith can we have in the Finance Department's new corporate plan?

Letter to the Ombudsman Commission

Below is a letter to the Ombudsmen Commission. If you agree with the sentiments please cut and paste and send it to the Mr Illa Geno the Chief Ombudsman at ila.geno@ombudsman.gov.pg, and John Nero the Ombudsmen at john.nero@ombudsman.gov.pg. Again, I encourage sending letters either by your real identity or under pseudonym if you feel unsafe to do the former. What matters is showing the numbers in discontent.

Dear [Mr Geno] or [Mr Nero],

I am writing this letter as a concerned Papua New Guinean to request that the Ombudsmen Commission act with urgency in completing its investigations into the Moti Affair. Further, I ask that the Ombudsman Commission take into account recommendations made by the Defence Force Tribunal’s findings in the “Moti Report,” in concluding its investigations.

I believe it is of vital importance that these investigations are completed thoroughly and directly. Delay in taking such measures has resulted in the People’s loss of confidence in the Government, the Office of the Prime Minister and in the legal processes of this country. It is the Ombudsman Commission’s duty to ensure that public offices are held in the highest honour, and I implore your Office to fulfil its obligation by taking action on this matter. It has been a year since the Moti incident and the failure of the Ombudsman Commission to release its findings on the matter is both concerning and disappointing.

I request the Ombudsman Commission fulfil its duties under Section 218 of the Constitution, which requires supervision of the Leadership Code and the duty to ensure that all governmental bodies are responsive to the needs and aspirations of the People. Corruption such as that alleged in the Moti incident not only relates to possible abuses of public office, including the office of the Prime Minister, but exemplifies the wide-spread abuse of power in decision-making processes, throughout governmental bodies and agents, which results in neglect of the People’s needs and aspirations. I implore the Ombudsman Commission to address such practises by concluding its investigations into the Moti Affair and releasing a Report, which I hope is both diligent and precise in its findings and recommendations.

I thank you for your time and place my faith in the Ombudsman Commission to fulfil its Constitutional duties.


Yours Sincerely,
[Your name/pseudonym]

Update: I recieved a prompt reply from Mr Ila Geno, the Chief Ombudsman, which reads as follows:

Kumul karai,
Congratulations for expressing your concerns which I understand and appreciate and could not agree with you more in clearly stating the importance of institutions such as the Ombudsman Commission which must be seen to be performing its duties diligently and timely. I want to assure you that Ombudsman Commission is continuing with the investigations as stated in the print media lately and will independently take its position after satisfactory completion of investigations.
Regards.
I.Geno.

I thank Mr geno for his reply, however, I still believe urgency is required on this matter and continue to encourage those in agreement with this blog to express their sentiments to the OC and to the national newspapers.

Letter to the Prime Minister

I’ve been busy. See how easy it is to 'forget' an issue.

I started this blog because I was incensed with the whole system of corruption in PNG which was topped with that big red cherry that is the Moti affair. But after reading the papers today I haaaad to post something to get my sheer frustration out.

Here is what went down today: http://www.thenational.com.pg/100407/nationpage.htm

It’s not just about whether the PM committed a crime or not (how will we know when he keeps stalling the thing from getting to the DPP, where if he is innocent he will be found to be so), it’s about ethics as Professor John Nonggorr reminded everyone last week. It’s also about maintaining the nation’s confidence in the government and in the office of the Prime Minister (which need I add is addressed in the Leadership Code contained in the Constitution). This it seems is either beyond Somare’s understanding, below his understanding or amazingly non-existent to his understanding.

And now he proposes that the media should be further regulated? For what, publishing materials that disadvantage him?? This isn’t his private company, it’s a nation-state that is apparently democratic and, therefore, has a sovereign people. SOVEREIGN PEOPLE. In the event that this legislation does go through I hope it's challenged in the Courts under s39 of the Constitution as “REASONABLY [UN]JUSTIFIABLE IN A DEMOCRATIC SOCIETY."

Here’s a letter I drummed up and sent to the PM’s office, but off course bounced back because the email address does not exist anymore, so i've forwarded it to his media department and am airmailing it too. I do respect Somare’s achievements for this country but I am finding it harder to respect him as a person as more and more of his actions illustrate his disregard of proper procedure and ethical practise.

You too can send this letter (copy & paste) to the PM via pmsmedia@pm.gov.pg. Or send it in to the national newspapers. I've done it and maybe they'll print it but so should you just as a show of discontent...that is if you too are of the opinion that the PM should step down. If you don’t want to be so direct, change the last sentence in the last paragraph to the alternative in blue. ( A letter to the Defence Minister to encourage publication of the Report is next, if you've already written such a letter send it to kumul karai and we'll post it up.)

*We all know PNG is a small place so I would encourage people to send in letters under pseudonyms if they feel its safer because I do appreciate the dangers with speaking out. Even with pseudonyms we can at least illustrate the sheer numbers in discontent.PNGeans don't have many avenues open for protest that are safe and we shouldn't be prepared to wait every 5 years, so let's do what we can now.



Dear Mr Prime Minister,

I am writing this letter with recognition and respect for you as the first Prime Minister of this country, who so strongly campaigned for a free and independent Papua New Guinea. When you campaigned for Independence and envisioned a future for this nation, I am in no doubt you saw a strong democratic state where the people remained sovereign and were afforded adequate living standards and fundamental human rights.

As the years have proceeded and having just celebrated our 32nd Independence, it seems that the dreams you and all Papua New Guineans may have had for a successful nation, have not been entirely fulfilled. As a Papua New Guinean I am proud that PNG has reached 32 years of independence, however, I fail to remain proud of the condition of this nation after 32 years of independence. It seems we have taken big strides forward to take a multitude of small, quick steps back, progressively chipping away at the progress we have made as a united nation.

There is much to be desired in terms of the fulfilment of the basic human rights in this nation, including the provision of an adequate standard of living, food, shelter, education and healthcare for our people. Elements of this are illustrated in our nation’s incapacity to adequately address the HIV epidemic that has seized us. However, the problem I wish most to address in this letter to you is the diminishing respect for Papua New Guinea’s judicial and legal system that has progressed over the years. There are countless instances of the flagrant disrespect many Papua New Guineans have for the laws of this country, which has developed over the years to what can only be described as a systemic perpetuation of corruption.

Corruption is not only about stealing but relates to the abuse of power in decision-making processes. It is a form of behaviour that deviates from ethics, morality, tradition, law and civic virtue. Indeed corruption is rife in PNG. It pervades almost every level of society in PNG and it has developed from the top down. Corruption in this country has been able to spread so quickly and take such a stronghold because those at the top, including successive governments and politicians of this country, have directly or tacitly encouraged it, or have taken inadequate steps to address it. It is corruption that has led to the inadequate standards of living in this country, to the inadequate response to HIV/Aids, to the ignorance of fundamental human rights, to the effective demotion of PNG by the UN from a ‘developing’ nation to a ‘least-developed’ one, and in order for corruption to be halted, the change must come from the top.

Mr Prime Minister, the first step to ensuring that corruption is addressed in PNG is to reaffirm the people’s confidence in the Government and in the public offices of the nation. This requires all public office holders to adhere to the Leadership Code contained in our Constitution, which you were a part of establishing at Independence. The Leadership Code contained within the Constitution is very clear on what is expected from public office holders and espouses the need for maintenance of public confidence in these offices. Where the Leadership Code has been breached the offenders must retire from office and be dealt with by the appropriate authorities.

The Ombudsmen Commission is charged with the duty to ensure compliance with the Leadership Code, however, in the event that it fails to discharge its duty, I believe the onus should be on the alleged offender to comply with general principles of ethics and withdraw from office, until such time as proper investigations are conducted to clear them of the alleged breach(es). Alternatively, if there is widespread public outcry or loss of confidence in public offices due to a general opinion that breaches of the Leadership Code occurred, the office-holders in question must respect the sovereignty of the people in a democratic system and step-down.

Mr Prime Minister as the head of the nation I implore you to ensure that these ethical and democratic practises are adopted by the government to tackle the web of corruption that is suffocating our nation of Papua New Guinea. I have faith that you and your Government maintain the same dream you had at Independence; for a nation in possession of a thriving, transparent, accountable and effective democratic system. A system where adequate living standards are afforded and basic human rights are met and in maintaining this vision I ask you, Mr Prime Minister, as my representative in parliament to [step-down until such time as the Moti Affair has been sufficiently resolved by proper procedures] or[use your powers to the best of your ability to ensure ethical and democratic behaviour of all public office holders].

May God be with you and with our nation of Papua New Guinea.

Yours sincerely,

Kumul Karai

It's not done till it's done

So I was going to start of this blog with a huge write-up on Moti. Yes, yes I know apparently it is a ‘done’ issue but how can something be ‘done’ when nothing has been resolved. Since I’m waiting to clarify on some matters concerning it and after I read this article from the Post I thought, what better way to start of this blog then to talk about the most pressing issue in PNG today which is not Moti, or Australia’s ‘interventionist’ Government, or Digicel, or Arthur, Bertha and Michael Somare but rather HIV/Aids.
http://www.postcourier.com.pg/20070827/mohome.htm
Yes, I too sometimes forget we have an epidemic in PNG, you know with all the election hoopla going on and me, you and everyone else’s concerns about Digicel and its license. But it’s there, it’s more than a problem and I really can’t say the Government of PNG is doing enough about it.

Now I’m not sure how accurate this article is- the Post is not always the most credible source of info- but it seems statistics of people dying of Aids is not enough to make news anymore, it’s old, it’s ‘done’ instead what makes news are desperate unimaginable stories like this. HIV/Aids (in all its capacities) is occurring in PNG on such a wide-scale that it has become accepted as just another facet of PNG life, moved to the side and ignored. Just like corruption. Yes they’re comparable because they truly represent not only the mind-set of PNGeans but the hopelessness of it all. The ‘done’ (though half-way and not even) nature of PNG and PNGeans.

Let’s brainstorm these issues.

Corruption: Illegal, a problem, rife, accepted, acceptable, the norm, unprotested, ignored, side-tracked, not front story news, no solution indicated, systematic, protected, inaction, high NGO scrutiny (pretty much always indicates that there is a huuuge problem).
HIV/Aids: epidemic, accepted though not acceptable, rife, unprotested, ignored, side-tracked, not front story news, lack of commitment, inaction, high NGO participation, systematic.

Similar much????

Corruption is rife, nothing much is done about it, PNGeans do not feel empowered to do anything about so instead they ignore it/accept is as part of PNG and life (bulk of the population)/blame anyone but the people responsible, preferably the Aussies- not just for their part of it but for the entirety of the problem/get in amongst it/talk, talk and talk about it some more- well hey look who’s talking (I try)/ try to fight it but fail (cast your mind to UPNG student demonstrations 2001)/ try and keep on trying and trying (NGOs)…what a choice eh. This my friends demonstrates PNG and PNGeans in just about every situation of difficulty on a national scale. And this can be applied to the HIV/Aids situation in PNG.

Is it our fault, society’s fault or the Government’s fault that we find ourselves in this position? Who/what disempowered us, and if they/it could do that can they/it also empower us? Are empowerment and disempowerment an external force or can we as a people empower and disempower ourselves? And if we can empower ourselves how do we go about it, how do we get PNGeans to unite and have a clear coherent voice, to say what we want and mean it, to end desperation or learn to deal with desperation so we can look beyond the K2 today for the schools, hospitals and effective governance of the future.

It’s difficult and I have no magic solution though I do have one idea. Ideology. To preach it, teach it, embed it in children’s minds, basically to brain-wash them. Teach children all through their schooling years to have national pride, care for the nation, do what is best for the nation, to have a social conscience. Have them rhyme it, sing it, repeat it, turn into a motto, a subject, an important part of their learning and you will turn out committed citizens. Take Indonesia and the pancasila- unity, unity, unity- because unity was important to them as an ‘invented’ nation. Cuba and socialism. USA and rights. Is there a bad side? Of course, if you teach it in an intolerant manner but there is also the good. Indonesia is still a united nation, Cuba has one the best health-care systems in the world and a 97% literacy rate and Americans will do anything to protect their rights.

This isn’t such a new proposal for PNG, right before and after independence there was a lot of national pride, a want to benefit the nation, a sense of opportunity, hope, a love of this country that went beyond the current ‘ples ya’ which implies that whilst there is so much wrong with PNG we love it because it’s home. This shouldn’t be the case, we should love it because of all that is right, not for purely sentimental reasons but because it is a land of opportunity because it is the land of the ‘free and the brave,’ because we built this nation and we are proud of what it is and because we follow through with everything. Because nothing is ever done until it’s done. Because we have an accountable and transparent government. Because we are not downtrodden desperate people but a proud forward-looking nation. That should be why and if this feeling isn’t going to come around naturally then we create it, we teach it and we preach it. We embed it in the minds of the next generation and along the way we come to believe it ourselves. It could happen.



On a side-note: All hail Powes Parkop for getting in there and showing people how it should be done. This my friends, is what a politician in a democratic system is about, just in case anyone needed clarification on that point.