PNG PARLIAMENT PASSES APEC SECURITY AND SAFETY BILL
By WANPIS AKO
With only months to go before the Asia-Pacific Economic Cooperation Leaders' Summit takes off the ground in November this year, the Parliament of Papua New Guinea passed the APEC Security and Safety Bill to give immunity to foreign security officers who are accompanying the world leaders in its April session.
Other related APEC official and ministers meetings have already commenced leading up to the main one.
That means they will be immune to prosecution under the countries legal system whilst the Parliamentary Opposition was calling for equal protection on the country's citizens. It is a norm for any APEC host country. (Their debates are below in the subsequent paragraphs).
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| An artistic impression of APEC meeting house. |
It has sent signal to the whole world that the country is ready to receive its foreign guests with open arms in a more culturally Melanesian way.
The bill took precedence over other order of the day when Parliament resumed at 10:50 am last Friday (April 13, 2018).
Minister for Lands and Physical Planning, and APEC Justin Tkatchenko has got the necessary support from ONLY the government MPs to make it become a law when it was passed by nine more than the absolute majority-64:17 votes in its favor.
This sunset law will now give security officers of the world leaders immunity against prosecution. That means they cannot be held liable or prosecuted under the country’s laws should they cause damages to lives and properties whilst cross firing with suspects attempting to assassinate their bosses. The law will be in operation for two-days during the world leaders’ summit in November. Thence, it will automatically be obsolete.
Debating on the Bill, Sinesine-Yongomugl MP and Opposition Stalwart Kerenga Kua said there was a loophole in the bill which needed to be fixed before it was reintroduced.
Whilst giving immunity to the foreign visitors for immunity, he said fellow citizens should also be protected in the bill.
He recommended to the Minister to insert a clause in the bill-an immunity clause for the citizens or the State to be vigorously liable for damages or loss of properties, urging the Speaker to defer the vote for the bill.
However, the Speaker Pomat ruled it out, maintaining forum for further debate.
Debating in support of the Bill, New Ireland Sir Julius Chan, the leader of People’s Progress Party, said the bill was in compliance with the Constitution. The people’s rights cannot be overlooked by the Government.
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| National Parliament House of Papua New Guinea. |
Parliament became rowdy, attracting the Speaker to call for an order in the house.
“Our people are good people. I respect his (Kua’s) views. The unusual event which requires stringent security protocols. The event will guide our future. It will give the right signal to the whole world. Let us not miss the opportunities. Let us pick it. It is a right thing to do. It can’t be played up with,” he told Parliament.
Parliamentary Leader of United Resource Party in the coalition government and the Minister for State Enterprise, William Duma said the Opposition should stop painting a wrong perception to the public that the ‘government does not care about its own people,’ as opposed to the government’s priorities, policies and other government businesses.
He said PNG was coming off age, adding it can be reckoned with.
Just before Duma finished his debate in support of the bill, Kua interjected with a Point of Order. In that he said Duma was being defensive to foreign guests and not the people whom, he said, were protected should there be a civil and criminal liability.
Minister for Justice and Attorney-General-Davis Steven was dragged into the verbal tug of war. Minister Davis said there were not new issues with the bill as these questions were addressed by the State Solicitor and the First Legislative Council which had vetted the bill before being tabled in Parliament. He made reference to a Supreme Court decision related to a question of law-which was opposed by Kua again through a Point of Order.
Kua said the engagement of the Australian Federal police was declared illegal in a part of the decision and the case law cannot be brought to the attention of Parliament as it was not applicable.
However, the government’s chief legal advisor maintained that under the bill the people’s rights which Kua was debating were still active, adding this is an important bill that needs to be passed.
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| Opposition's Shadow Minister for Justice and Attorney-General (left) with fellow MPs outside Parliament |
He called on Opposition MPs not to create a fire which does not exist in the bill.
Davis further said the bill was designed to advance the country consistent with priorities of government. “The bill was brought to Parliament after due considerations,” he told Parliament.
Davis further said the bill was designed to advance the country consistent with priorities of government. “The bill was brought to Parliament after due considerations,” he told Parliament.
Another vocal critic in the Opposition ranks and East Sepik Governor Allan Bird-law has taken the government to task on who is going to be responsible should there be liability inflicted on the citizens under the bill. He likened the government’s behavior in Parliament to ‘driving a bulldozer’.
“I would like an assurance, before I give my support,” said Bird, who voted against it.
Prime Minister Peter O’Neill has urged Opposition MPs to be responsible other than portraying an impression of security threat to the foreign guests-who have confirmed to attend the summit.
He said the treat which, in fact, did not exist rarely in the country.
“In fact, we are a peaceful country. Our people’s rights are protected. The State always gets sued every day for damages to properties and loss of lives,” he told Parliament.
The bill, he said, will give only one-off immunity to the guests, adding it is a normal protocol.
“They are immune for prosecution. We need to respect those coming to the country. Let us portray the best image. It is not time to play politics and become alarmists. It is about leaders work together to attract investments.
“PNG has come off age. Stop being small-minded,” he told Opposition MPs in Parliament.
