Tuesday, March 29, 2011
Whistleblower legislation a necessity
I refer to the story about the release of evidence by a terminated whistleblower which implicates executive managers of the Department of Health, as reported in The National (March 28).
There is a dire need for whistleblower protection legislation to be endorsed in Papua New Guinea, which places a mandatory obligation upon public sector organisations to create robust internal procedures to allow for protected disclosures.
A similar argument, although more delicate, can also be made to place a similar obligation on private sector organisations.
A framework whereby employers should create internal procedures to allow employees to make disclosures about serious wrongdoing is necessary for organisations that pride themselves on good governance, best practice, transparency and corporate social responsibility.
Provided that such disclosures are made in accordance with the requirements of the legislation, the employee disclosing information should be entitled to certain protections against reprisal - including protection against disciplinary action being taken by an employer.
Whistleblower legislation in the UK, Australia and New Zealand applies to disclosures concerning "serious wrongdoing" - which broadly relates to significant matters such as unlawful use of public funds, actions that might endanger public health or would constitute an offence, and actions of a public official that are indicative of gross mismanagement.
There is no doubt that whistleblower legislation is relevant to the fight against corruption.
PNG is a party to the United Nations Convention against Corruption (UNCAC) and the country has an obligation to consider the implementation of such measures under Article 33 of UNCAC which states: "Each state party shall consider into its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith any facts concerning offences".
It’s time we act.
Deni Tokunai
New Zealand
Prime minister confirms state’s stake in seafloor mine
Prime Minister Sir Michael Somare’s announcement yesterday of the cabinet approval followed an earlier announcement last month by Mining Minister John Pundari that the government would take its full 30% stake in the venture – more than US$100 million.
Sir Michael said in a statement that Solwara1 was among the priority projects to create jobs, increase revenue earnings and boost foreign exchange.
“The project will be mining very rich seafloor massive sulphide (SMS) deposits and will generate over US$140 million directly into the economy.
“The approval of the arrangement has preserved the right of the state to acquire up to 30% equity in the whole value chain of the project,” he said.
“Being the first offshore mining project to be granted to mine massive sulphide systems on the sea floor, the government had ensured that the people of Papua New Guinea benefit through the state’s participation in the whole value chain of this milestone mining project.”
He said the state’s right for equal participation would be exercised through its nominee Petromin PNG Holdings Ltd .
This was consistent with current policy and law that Petromin was the state nominee for designated mining and petroleum projects.
Sir Michael also said Solwara1 was a first of its kind, involving an equity position by the government.
“This is the first time that the government has taken an equity position in a medium scale mining project that will be developed under a mining lease,” he said.
“This now sets a policy precedent that the state will take equity participation in future mineral projects that are to be developed both under special mining lease and mining lease, for both onshore and
offshore mining developments.”
Nautilus Minerals capital investment in the project would be about US$387 million over the lifetime of the mine.
Early this year, the government granted a 20-year mine lease for the project as well as set certain conditions in the mining lease to guide and control development.
“I must commend Pundari, for successfully securing the project development as well as ensuring the state’s equity participation in this project,” Sir Michael said
Solicitor-general told to file for contempt
The Port Moresby-based doctors had been joined by other members of the association from around the country, including Mt Hagen and Goroka.
An inter-parties court hearing on the matter had been scheduled for tomorrow.
In issuing instructions to take the doctors to court, Attorney-General Sir Arnold Amet said the NDA executives could be called before the court and cited for contempt or “they could be arrested and imprisoned”.
“I have instructed the solicitor-general to advise the court that its interim stay order against the doctors striking was served on them.
“The NDA executives were served the court order, but they have not complied,” Sir Arnold said.
“It is imperative that a court order is complied with. Whatever the circumstance, a court order must be complied with or adhered to while discussions, to reach some form of compromise, continue.”
The court order was sought, and granted, through an ex parte application last Friday to restrain the doctors from going on strike.
The matter will return to court tomorrow for both parties to be heard.
Doctors defiant
The NDA executives face the likelihood of being held in contempt of a court order stopping them from striking last Friday.
A worst case scenario is being arrested and locked up.
Attorney-General and Justice Minister Sir Arnold Amet had instructed Solicitor-General Neville Devete to tell the court an earlier interim stay order restraining the doctors from going on strike was served on them last Friday but they had not complied with it.
As the strike enters its fourth day, most doctors nationwide stayed away from work after the Health and Personnel Management departments failed to reach an agreement with the NDA for improved pay and working conditions for its 500 members.
As the executives of the NDA face the prospect of being arrested for contempt, the umbrella PNG Trade Union Congress warned that national security was at stake.
Its management board met and agreed that the PNGTUC utilises all possible means and ways to have the matter resolved amicably following due industrial relations processes.
It added that all forms of industrial action, including a nationwide strike for all member associations, could not be ruled out.
“The strike is over a legitimate matter and has no political motives and will have adverse implications on the lives of the workers and their children, on the ordinary people of PNG and the lives of the patients,” it said in a statement.
As of yesterday, more than six trade unions said they supported the doctors and called on the government to intervene to save lives of the sick in hospitals.
Among them were the PNG Communications Workers Union and the PNG Maritime and Transport Workers Union which said separately that all available avenues must be explored to find an acceptable negotiation settlement instead of provoking and inflaming the situation by resorting to National Court injunctions.
Monday, March 28, 2011
A dying health system in Papua New Guinea
What is really happening with the health system in Papua New Guinea?
The national doctors have gone to the limits of making a choice
between a moral life and death service of sacrifice and monetary
compensation for services.
What does that say about the Department of Health and the bureaucratic system?
Is it productive or old-aged and grinding to a halt because of
incompetent and aged work force?
Health Department gets a fair slice of the budget over the years but
it seems the funds never get tangible medicine and health workers
benefit in the rural areas of PNG.
Where are all the budgetary allocations going to each year?
Are there any draw downs?
Or are they being parked in trust accounts?
Or is all the government funding going to "paper shufflers" or to
"paper doctors" and "paper health consultants" and "paper paramedics"
as it has been happening all across other departments.
Now we know there are "fat cats" getting fed at the cost of rest of
health services.
Needless to mention, the termite-infested and aged facilities like
Angau Memorial Hospital in Lae, the hospitals in Mt Hagen, Daru,
Mendi, Modilon and Port Moresby.
The facilities are rotting away almost on a weekly basis.
And the entire negative images being heard of in the news.
While our people are dying slowly with an almost systematic alienation
program.
The Minister responsible and his Secretary must be held morally
responsible for loss of life while the system seems to be clogged and
is not responding to the demands of the population growth currently
facing our nation.
Why are we seeing all the policy and awareness in the Post -Courier
and the National almost on a weekly basis?
How much is all the cost of adverts?
Why are TB and AIDS getting all the attention?
What about the general medical services and the general workers welfare?
Are not the neglected services in themselves a psychological deadly
killer equivalent to AIDS and TB or malaria for that matter?
Why advertise and promote new programmes when we are not able to
maintain and sustain the existing infrastructure?
Why are we not able to sustain and properly look after our national doctors?
How could we have asked the Cubans to come and do our work?
It's a symptom of neglect all around.
Is something wrong with the system or the people sitting behind those
chairs in the Department of Health head office in Waigani have lost
the passion and the vision for a healthy population by 2050.
Why aim for 2050 when the basics of today are neglected?
There needs to be a revamp of the people in the positions of decision
making at Waigani.
Is the action taken by the national doctors a wake-up call or not?
The elites and the educated can afford the private doctors and
overseas medical services.
What about the simple villager, the urban settler and the average worker?
Where do they get help?
What a sad state of affairs and a state of seizure!
Health services have become an eyesore and a slow systematic killer
across the country.
It seems our citizens must live a careful and healthy life because the
public health system will not help.
God help us.
Western Highlanders form development forum
Educated Western Highlanders have formed a non-political entity known
as Western Highlands Development Forum to pool together resources for
development.
The forum had a gathering at the Botanical Gardens in Port Moresby
last Saturday, attended by prominent Western Highlands personalities,
as well as students from University of PNG.
"It's a very simple concept," executive chairman Samson Komati Yuimb
(pictured) told the gathering.
"There are more than 10,000 degree holders from Western Highlands since 1975.
"These educated elite do not have a voice in the development of our province.
"This group will be known as Western Highlands Development Forum."
Yuimb said once all formalities were completed, office bearers would
be elected, and a secretariat office would be set up in Mt Hagen.
"It must not be a political thing," he said.
"Politics has always been a problem area for us in Western Highlands.
"We aim to keep this group as non-political as possible."
Prominent Western Highlander, journalist John Eggins, suggested that
the forum operate along the lines of the successful Ipatas Foundation
in neighbouring Enga province.
"It's good to see a lot of young people here," he said.
"Organisations such as this are good.
"Our problem is we're always suspicious of each other.
"When you start something new, people will always be suspicious of you."
Eggin called for transparency if the forum was to be successful
BSP rethinks rural banking projects
BANK South Pacific (BSP) is rethinking its plan to provide banking services in the rural areas over security concerns, The National reports.
BSP chief executive officer Ian Clyne and head of rural banking Paul Thornton indicated last Friday during a media briefing that BSP’s rural banking projects are now being reviewed in light of recent robbery at Kwikila in Rigo, Central, and Daulo in Eastern Highlands.
Right now, there are 10 rural banking projects under way “but given the recent robbery, we have to review”, Clyne said.
“Simply put, if BSP rural could not be protected, then there would be no BSP rural branch in those areas (Daulo and Kwikila).
“BSP’s policy on armed robbery is clear – we will immediately close Daulo and Kwikila BSP rural branches for an indefinite period,” Clyne stressed.
That means the people of Daulo and Kwikila will now have to travel at great cost to Goroka and Port Moresby to do their banking.
Thornton said the BSP rural banking initiative was launched in last year to provide basic banking services across the country.
“This initiative is a community service initiative that would not generate profit for BSP,” he added.
To date, the bank has six branches, namely Kwikila, Daulo, Banz, Minj, Kerowagi and Lufa with staff recruited locally.
Clyne said BSP had taken the view based on previous experience that the people and the local community would have been aware of these pending robberies and might even know the identity of those involved.
The bank executives said the act of criminals now penalise majority of honest and hardworking people in those two areas.
Last Tuesday, the new BSP rural branches in Daulo and Kwikila lost a total of K70,000 to armed robbers.
BSP has called on the people of Asaro and Kwikila to help police solve the case, otherwise the bank might be forced to stop the local service.