Monday, March 08, 2010

European Union rules to benefit Papua New Guinea tuna sector

PNG can now export to EU markets fish caught anywhere, says Pokajam

 

By SHEILA LASIBORI

 

THE inclusion of PNG on European Union (EU) competent authorisation list of the illegal unreported and unregulated (IUU) regulation 1005/2008 is a boost to the country’s fish exports to EU markets, The National reports.

Prior to this official inclusion last Feb 4 (2010), under the then Cotonu Agreement, PNG (and others) could only export to EU markets duty-free on fish caught only in archipelagic and territorial waters,  Na- tional Fisheries Authority (NFA) managing director Sylvester Pokajam  said.

With the inclusion, PNG can now export to EU markets fish caught anywhere in the world and not just restricted to archipelagic and territorial waters, he said.

Archipelagic waters are those internally-owned by sovereign nations such as ownership of land, while territorial waters are those located 12 nautical miles from archipelagic waters to the start of the 200 nautical mile exclusive economic zone (EEZ). 

The economic partnership agreement (EPA) currently being negotiated replaces Cotonu Agreement and the interim EPA (IEPA) was signed by PNG last July.

Fiji signed the same document recently.

The IEPA also gave rise to PNG’s authorised status pertaining to the IUU regulation which came into effect last Jan 1.

“After we signed that agreement, we are now qualified to export globally-sourced fish as long as it qualifies the IUU regulation and the sanitary and phytosanitary (SPS),” he said.

The IUU regulation aims to improve traceability of all fishery products traded with the EU markets.

And for every EU-market destined canned fish and loins exports, copies of the documentation of the IEPA must accompany the catch (authorisation) certificate.

Head of the EU delegation to PNG Ambassador Aldo Dell’ariccia had said what now stood to be done by third countries including PNG was to validate the catch certification for products exported to the EU as long as the products came from catches that complied with conservation and management measures.

According to Mr Pokajam, the certificate would be issued only for the fish that was processed and not necessarily for every catch by fishing vessels.

He said this was the latest change by EU which he supported.

 

PNG reciprocity - Is this being applied evenhandedly?

From PAUL OATES

During a past APEC forum, Prime Minister Sir Michael Somare attempted to water down the intense frowning of Western countries on "gifts in Melanesia" seen as bribery. Sir Michael revealed his thoughts at a press conference on his return from the APEC meeting in Santiago, Chile, South America. The APEC member countries include those on - and within the - Pacific rim and include the United States, China, Japan, Korea, Malaysia, Australia, New Zealand and all the Pacific Island countries.
Speaking in the context of structural reforms to achieve good governance, a pursuit of many APEC member-countries, Sir Michael said the issue of corruption was one of the concerns that was raised. Referring to PNG and other Melanesian country's gift-giving, Sir Michael said "sometimes people take us wrongly".
"I explained that sometimes the Westerners think that this is buying the right. It is not buying the right. It's appreciation of each other," he said.
Using the example of pig-giving, the ultimate gift in many PNG cultures, he explained that the giving of a pig is likely to be reciprocated by another later.
"That's not my buying you or you buying me. That's just our custom - and I tried to explain that," Sir Michael.
But he told the press conference he disdained the public servants' attitude of waiting for a "six-pack" in order to do jobs that they would be paid for by their employment in the public service. Could this be Sir Michael saying "Do as I say, not as I do!'?
Now on the subject of reciprocity, should one wish to be discerning, one could suggest that the Australian taxpayers have been paying out millions of dollars to assist PNG since Independence and yet apparently not demanding anything much in return. The possible rorting of AusAID funds and 'Boomerang Aid' aside, PNG government has directly and indirectly received many millions in Australian tax dollars with no established agreement about accountability and responsibility for the expenditure of these funds. The Australian culture of giving without expecting a comensurate exchange could possibly be at fault here. Yet if the PNG government happily accepts these yearly 'lumps of largese' why wouldn't the PNG government expect to give back something of an equivalent value return if Sir Michael evenhandedly applied his stated principle of Melanesian culture of 'appeciating each other'?
When a program of Enhanced Co-operation (ECP) was introduced to actively assist PNG police, Morobe governor Luther Wenge claimed he saved PNG by effectively torpedoeing the program, just as the program was starting to achieve positive results with law and order. While the ECP implementation could have been better handled, it was patently clear that Sir Michael and his government didn't lift a finger to try and find a solution to keep the program alive. One wonders why not, given the huge amounts of untied aid that his government had previously received?
PNG people are perfectly familiar with the theory of reciprocity. The only problem is that if PNG politicians start 'giving' presents involving taxpayer funds to people who then reciprocate by giving presents back, where do the real owners of the presents, (i.e. the PNG people) come into the equation? Swiss bank accounts don't seem to feature in most villages but of course no one would dare suggest any actual impropriety. That would require an open an transparent financial record as proof. Recent claims by the PNG Opposition that foreign millions helped Somare retain political power are or should be extremely worrying. What could these possible payments demand in return?
Speaking on a totally unrelated matter, the report that Sir Michael and some other government politicians have inadvertently forgotten to lodge their tax returns for many years does seem a trifle lax. The PNG people are also still waiting to hear who was involved in the Taiwan millions. These matters should be quickly and thoroughly investigated as soon as possible to clear any misgivings about any wrongdoing that some might hold. Unfortunately, it seems to take forever to investigate any suggested breaches of PNG law by PNG authorities. It would be very disappointing to find that the release of the results of these investigations were delayed, like those of the recently released Moti Report, until any period of no confidence votes came into operation.
Until the PNG Ombudsman Commission and the PNG Police Force investigate and publically advertise their findings on all donations, gifts, interests and any benefit derived while in public office, no start can be made to creating and graft and corruption free PNG. Charges must immediately follow any revelation of misconduct.
The rot always begins at the top. Effective leadership must set the example to be followed.
"Corruption thrives on secrecy... the only way to battle corruption is to bring it out in the open . ". (quoted in a Victorian Newspaper.)
______________________________
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(The following chant is set in iambic pentameter, mostly...)
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Sapos mi laik givim samting,
Husat imas save tingting?
Em samting bilong mi,
Ino samting b'long PNG,
Emino bagarapim yumi?


Ol pipol isave lukluk,
Watpo yu krai olsem kokaruk,
Mi sandap olsem Gren Sif,
Mi singaut, mi bilip,
Emi gutpela pasin bilong yumi.


Trabel istap long ol raskol tasol,
Kain save istap long ol pipol,
Lain bilong mi ino mekim,
Kain olsem mi no sekim,
Dispela tok ilaik daunim yumi?


PNG ikamap gutpela hap nau ia,
Nogat wari na belhevi istap a?
Yu mas bihainim dispela singaut,
Maski tingting igo wokabaut,
Yu tok tasol; 'PNG i nambawan kantri.'


Kain olsem yu noken wari long moni,
Benk bilong mi igat dispela save,
Bihainim tok bilong mi,
Bai yumi girapim PNG,
Nau tasol, tiket bilong balus istap we?

Papua New Guinea's rape victims get help from vital clinic

DISGRACEFUL!!!!!!!!!!!!!

Papua New Guinea - Where are you now?

From PAUL OATES

On Emmanuel Narakobi's 'Masalai' blog site, there has been an interesting debate that started out about the world's most corrupt countries.
The subject of corruption seems to be a topical one and for some reason, the  discussion turned to corruption in today's Papua New Guinea.
The question of what is corruption seems to be in the eye of the beholder.
In order to define a corrupt practice, there needs to be a commonly accepted benchmark or yardstick. Illegal activities are, or should be very easy to spot and prosecute. Unethical activity however is or can be a very grey area. A recognised and agreed Code of Ethics is therefore required.
Now on the subject of recognised ethics, it seems there could be many interpretations of ethical behaviour. A recent decision, by an Australian government minister, that was announced on the same day as he was skiing with someone who stood to benefit from that decision by a reported $250 million could be merely coincidental. Certainly the minister thought and said so irrespective of what the Australian media seemed to suggest. But if there is reportedly 'no such thing as a free lunch', at what point does a reciprocal favour become unethical and therefore in an official view, 'corrupt'?
Many countries throughout the world have a recognised culture of reciprocity. In an Australian context, reciprocity is sometimes difficult to
appreciate. Australians are traditionally taught to give without expecting anything in return. Yet this does not always apply in many other cultures. Prior to working in PNG, part of our training required learning about the theory of reciprocity and how one might actually give offence to someone by giving them something they had no way of repaying on an equivalent level. This was a new concept for many just as the expectation of paying and receiving a 'tip' is, or used to be, totally foreign to an Australian. Yet in the United States, this practice is expected as a necessary way of ensuring good service and helping the employee augment a limited salary.
Australia has an essential part of most Federal and State governments, an internal audit function. This audit function is also augmented by an external audit authority and in many cases, there is also an equivalent of an Ethics Commission or Investigation Authority to which possible breaches by government officials of the law and ethical behaviour, can be referred.
In PNG, the official body tasked with investigating and reporting on possible breaches of the law and recognised standards is the Ombudsman Commission. PNG's Chief Ombudsman came to the forefront recently when an attempt was made on his life. This attempt amazingly seemed to coincide with some very high level investigations into PNG's political leaders. Reports just tabled in the PNG Parliament by the Ombudsman clearly indicate that some unlawful activities have been made by some high level PNG government
people. There is an indication that some illegal decisions were made that need proper investigation. The report into the Moti affair clearly requires a police investigation yet at the point where the investigation was about to be presented to Parliament, PNG's Prime Minister peremptorily closed the Commission of Inquiry down. The PNG PM seemed unaware of any apparent conflict of interest with this decision. Now it seems there are indications that the PM himself gave the illegal direction to fly Moti out of PNG. Yet a
spokesperson for the PM now reportedly claims that as Mr Moti's case in Australia collapsed due to a technicality, there doesn't seem to be any reason to continue with any investigation. In a post on the Masalai bog, a person claims everyone involved in the Moti flight knew it was illegal but left it up to the 'higher ups' to sort out. As the Americans are want say:"Go figure!'
Now in PNG, there has been slowly increasing culture of unofficial 'tipping' or as it is locally referred to as a 'six pack' culture. This terminology refers to the practice that in order to get a government official to actually do something, a six pack of beer or equivalent, is required. PM Somare is on record as saying that he believes the PNG public service is corrupt yet apparently, he is either unable or unwilling to do anything about it. Recent claims have now surfaced that even the PNG PM is accused of accepting monetary incentives worth many millions from a foreign country in order ensure he maintained political power in the 2007 general election. It is claimed that by reportedly 'buying' members of parliament to vote with his government with this money, Somare was able to keep in power. There is
now a worrying claim by a qualified mining engineer on a 'mine watch' web site recently raised concerns that a giant mine in PNG owned and run by the same foreign country that reportedly gave the millions to the PNG PM has been grossly undervalued to PNG's disadvantage. The foreign owners of the mine have now reportedly blacklisted the 'minewatch' site to all employees.
PNG's ethical standards are set out in the Constitution and subsequent legislation. This legislation was influenced by an Australian and PNG perspective prior to PNG Independence that was and has been accepted by successive PNG governments. The traditional PNG culture of reciprocity doesn't feature specifically in the PNG Constitution. This aspect has allowed some to believe that no stated mention means it isn't illegal under Melanesian culture.
So what benchmark for corruption is acceptable in today's PNG? Surely those elected to the PNG Parliament are elected to serve and look after the PNG people rather than themselves? At the apparent behest of PM Somare, the PNG Speaker of Parliament, who is supposed to be impartial, last year effectively closed down Parliament to prevent a vote of no confidence in the
government. When the Parliament opened again this month, the PNG Opposition moved a vote of no confidence in the Speaker. The Speaker then reportedly had no idea what to do and deferred to the Clerk of the House who also had no clear idea of what to do. The Speaker then ruled that a vote couldn't be taken.
So if those in the PNG government from the PM through the Speaker of Parliament down to all the members are not prepared to permit the PNG Parliament to operate as it was designed to do, then PNG democracy is at an end. It is suggested by a PNG blogger on the Masalai site, that PNG dictatorship has now effectively commenced.

Mystery woman 'lawyer' arrested


Caption: Mystery 'women lawyer' Helen Mark Kuipa at the MOSIC office at the Boroko police station during her questioning yesterday

City top cop shocked as suspect is a wantok and relative

THE woman "lawyer" who helped suspected bank robber William Nanua Kapris and 11 others escape from the Bomana maximum security facility on Jan 12 was arrested in a house at the Talai settlement in Badili, NCD, on Saturday, The National reports.

What shocked NCD metropolitan commander Chief Supt Fred Yakasa was that she happened to be from the same village as his and is a relative.

"That showed that people from everywhere and anywhere can get involved in this sort of thing, and not just from one area," he told a media conference yesterday.

The woman was identified as Helen Mark Kuipa, 26, from Kupalis village in Wabag, Enga province.

Chief Supt Yakasa said she maybe educated to Grade 11 or 12, or maybe first year at the university.

But she was not a lawyer, he said.

She was caught between 8pm and 10pm at Talai settlement following a tip-off.

Prior to that, she had been moving around from Gerehu to Morata and Nine Mile.

Chief Supt Yakasa said after the Jan 12 escape, Helen had spent one-and-a-half weeks with the fugitives, including Kapris, in and around Sogeri before they made their way back into the city and went separate ways into hiding in various locations.

He said Helen was flown from Lae to Port Moresby in December to play her role in the scheme, to go in and take out the prisoners.

He said her role to pose as a human rights lawyer for prisoner John Siko Wel was planned for her.

He said after her admission to helping the prisoners to escape from Bomana prison, police found that the escape was alleged to have been engineered through her "very close" relationship with BSP bank robbery suspect Kapris.

Helen has been charged with one count of aiding the escape of Siko Wel. She was charged under section 138(a) chapter 262 of the Criminal Code. She faces 11 other charges under this section for the 11 other prisoners who escaped.

She is likely to be charged with armed robbery, impersonating a lawyer and deprivation of liberty. She faces a total of 14 charges.

Chief Supt Yakasa said the Major Organised Crime Investigation Team (MOSIT) was still interrogating Helen on her involvement in the escape and to verify any alleged connection she may have had in relation to the BSP bank robberies of 2008.

He said Helen was cooperating well with police investigators.

He said they were piecing together clues to the puzzle.

"We are getting information about the whole drama. Members of the public with information should come forward."

Five escapees from the Jan 12 breakout still remain at large. On Friday, five escapees who broke out from Bomana last September surrendered to police.

Court bars inquiry report

THE Government has been barred from implementing the recommendations of the final report of the Commission of Inquiry into the Finance Department.

The National Court issued this order on Saturday, a day after Prime Minister Sir Michael Somare tabled the 800-page report in Parliament.

The interim injunction issued by Justice Bernard Sakora prevents the Chief Secretary and his task force team from implementing the recommendations of the report.

The order prevents the Prime Minister Sir Michael Somare, Chief Secretary Manasupe Zurenuoc, their agents, servants or instruments of the State from implementing, discussing, debating, or giving effect to the report compiled by retired judge Maurice Sheehan and his Commissioners.

The order also bans the media from reporting the recommendations of the report.

The orders were issued under section 155(3)(a) of the Constitution. The orders remain in force pending the hearing of the judicial review challenge on the entire report itself.

The orders were obtained by former Solicitor General Zachery Gelu and Paul Paraka, principal of Paul Paraka Lawyers, the biggest law firm in the country.

Paul Paraka Lawyers, through its Alotau branch, approached Justice Sakora to hear this application. Because of its urgent nature, the judge agreed to hear it on Saturday.

The plaintiffs allege that the final report of the inquiry contains certain adverse findings and recommendations against a number of organizations and individuals without any foundation.

They contend that the report is flawed I many respects, and breaches certain legalizations and the Constitution. They contend that the final report is not only unprofessionally done, but also done illegally outside the terms of reference of the inquiry.

"Such illegal report cannot be allowed to be debated, discussed, or acted upon. Adverse findings and recommendations made in a flawed report cannot be allowed to find its way into the public domain," Gelu contended.

Gelu and Paraka contend that of the 43 specific cases reported in the final report, only 18 were within the terms of reference and had been properly inquired into. They said 25 were illegally inquired into as they were outside the terms of reference, and in most of these cases, no payments were made by the Finance Department.

After a four hour hearing, Justice Sakora issued the orders. The judge also ordered that the matter be listed for a judicial review hearing in Waigani.

 

 

Somare changes tact

ANGORAM MP Arthur Somare has decided not to refer the two daily newspapers to the Parliamentary Privileges Committee to force the names of two ministers and a MP allegedly involved in the escape of wanted criminal William Kapris to be made public, The National reports.

Mr Somare has now changed tact, and has now moved a motion for the Speaker to request the newspapers to publish those names.

The Public Enterprises Minister explained his change of tactics last Friday.

“At that time, I believed that such action would provide an ideal opportunity for those who felt that they were wrongly accused, to defend themselves and avail themselves to whatever legal remedies they saw fit.”

“Since then, the advice that I have received suggests that such action would not achieve that outcome and the privilege would in fact thwart any legal recourse that a wrongly accused member or minister may have against the author of such newspaper reports.”

“My Motion therefore now, is to move that this Parliament through the Office of the Speaker, request the newspapers that ran the stories mentioned, to name those “government ministers, members of Parliament and High-Ranking Officials” named in the affidavit and be published as a matter of Public Interest.”

He said he was responding newspaper reports: The National, February 10th & 11th 2010 Edition [Front Page], “Politics Involved In Bomana Escape”, The National, March 2nd 2010 Edition [Front Page] “Three Politicians Funded Escape”, The Post Courier, March 3rd 2010 Edition [Front Page] “Ministers, Members of Parliament and High-Ranking Officials Were Involved”

“General and ‘sweeping’ allegations about “government ministers, MPs and High-Ranking Officials” being involved in criminal acts like the Kapis robberies, in my view, constitute reckless and malicious journalism intended to make everyone of us a suspect and thereby call into question our personal integrity and innocence, as long as you or I fall into the category of being a government minister, member of Parliament or a High-ranking official.”

But sources told The National Mr Somare felt pressured to change tactics because some MPs within government were questioning the motives behind his move.

“Some Members were wondering what Somare or the Government would achieve in this exercise. It is not in the interest of government to have names extracted from a police investigation that is still under way. Whose interests will this serve?” one source said.