O'Neill says PNG has separation of powers and defends JCA
UN High Commissioner for Human Rights Navi Pillay concerned about the JCA. Picture courtesy of the UN
Papua New Guinea’s parliament-elected Prime Minister Peter O’Neill has defended his controversial Judicial Conduct Act (JCA) despite local and international condemnation.
Responding to recent concerns by the UN High Commissioner for Human Rights Navi Pillay on the impact of the JCA on the rule of law and the independence of the PNG judiciary, Mr O’Neill said the law “reaffirmed and strengthened” the PNG constitution.
“In essence, this act ensures that all citizens of PNG as well as visitors from abroad are subject to the same laws in the country including the constitution. This includes all public office holders in the executive, legislature and judiciary. Any allegations of misconduct against public office holders, including the chief justice ought to be investigated by the relevant authorities and corrective measures, based on law be applied without fear or favour. This is to ensure that the integrity and impartiality of the public office is maintained at all times,” he said in a statement.
On the independence of the judiciary he argued that the three arms of government remain independent of each other.
“On this basis therefore, the assertion by Ms Pillay that the independence of the three arms of government being compromised by O’Neill/Namah government through the Judicial Conduct Act is without factual basis. The executive, judiciary and legislature in PNG remain independent as they have been.”
Mr O’Neill also criticised the UN human rights chief for stating that PNG breached international human rights standards.
“The allegation by Ms Pillay that the constitution is being eroded and threatened by the actions of the O’Neill/Namah Government is also far from the truth. The further allegation that the PNG government had breached international standards for human rights is also incorrect.”
Parliament-elected PM Peter O'Neill and his deputy Belden Namah under the scrutiny of the UN.
The PM’s response to Ms Pillay confirms fears among ordinary Papua New Guineans that the O’Neill/Namah government will push ahead with the controversial legislation despite popular opposition.
The threat of a nationwide stop work and protest last month by trade unions, churches and civil society forced Mr O’Neill to back down from pushing ahead with the law and to stick to the Electoral Commission-set 2012 general election timetable.
And while he has maintained the new law ensured all Papua New Guineans and foreign visitors were subject to the same laws, the decision last December to deport New Zealand businessman Graham Osborne despite a court order taken out by Mr Osborne against the PNG Immigration Authority points to policy inconsistencies within his government.
An inter-departmental committee headed by the chief secretary to government, Manasupe Zurenuoc, will now be established to look at the concerns highlighted Ms Pillay and to draw up a government response.
“We have received an allegation letter of 27 March, 2012 from the Human Rights Commissioner. There is a 60-day time line for us to respond. I have tasked the chief secretary to comprise an inter-departmental committee to formally assess these series of allegations to ensure the UN Special Rapporteur is provided a brief to assist her understand the PNG political context in which the actions of my government are taken,” said Mr O’Neill and reiterated that PNG should be allowed to embrace democratic ideals to suit its circumstance.
The Department of Foreign Affairs and Trade (DFAT) acting secretary Lucy Bogari has also been tasked to get the PNG ambassador to the UN to brief Ms Pillay and the UN secretary general.