O'Neill tells UN human rights chief Judicial Conduct Act strengthens PNG Constitution

08/05/2012 20:16

 

 

PRESS RELEASE

Prime Minister Peter O’Neill has directed the PNG Ambassador to the United Nations, His Excellency Robert Aisi, to ensure the UN High Commissioner for Human Rights is appropriately briefed of the political developments since August 2011.

Prime Minister O’Neill said this in relation to the allegations by the United Nations High Commissioner for Human Rights, Ms Navi Pillay who was urging for the respect of the independence of the Judiciary; prevention  of the erosion of the Constitution and the subsequent demands for current issues relating to political governance to be stabilized and the country secured from political instability.

PM O’Neill stood firm on his Government’s action in relation to political governance challenges that has occurred since August last year.

PM O’Neill said: “Yes, the Government is fully aware of these allegations. We are aware too of the critical importance and existence of Principles 1, 2 and 4 of the United Nation’s Basic Principles on the Independence of the Judiciary as endorsed by the relevant UN General Assembly resolutions.

“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 Prime Minister O’Neill.

PM O’Neill reiterated that the Inter-Departmental Committee will assess and provide the Government’s response on any breaches or interferences that may have occurred against the Basic Principles on the Independence of the Judiciary.

“However, let it be said that PNG is a new, dynamic and progressive democracy. We are living with and making sense of what has been given to us by outsiders. We must be allowed every opportunity to make democracy suit our circumstances and time.

He said it is important to underscore at this juncture that the National Constitution has not been eroded by the passage of the Judicial Conduct Act but rather it has been reaffirmed and strengthened.

“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.

“On this basis therefore, the assertion by Ms Pillay that the independence of the three (3) 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.

“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.

The Prime Minister said Papua New Guinea continues to be seriously committed to the protection and advancement of human rights issues domestically and internationally.

This is demonstrated clearly by PNG remaining a State Party to almost all fundamental human rights conventions such as the Convention on the Elimination of Discrimination Against Women (CEDAW), Convention on the Rights of a Child, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Rights of Persons with Disability, the UN Charter and the 1951 UN Convention on the Status of Refugees and the 1967 Protocol.

PM O’Neill said PNG Government has a good record of living the Special Rapportuer on Torture in 2010 and more recently, the Special Rapportuer on Violence against Women that undertook independent assessment of the human rights relating to detainees and women respectively.

Papua New Guinea has also presented to the United Nations in New York and Geneva, the CEDAW Report and the Universal Periodic Review Report in July 2010 and May 2011 respectively.

“This clearly attests to the serious commitment made by PNG Government in recent years on human rights safe guards and strengthening,” said PM O’Neill.

On allegations for denial of freedom of speech and gagging by Government of free expressions of ideas, the PM said this is not true.

“Papua New Guinea continues to enjoy freedom of speech as provided for under the Constitution. This is unmatched in many other countries. The recent debate by PNG Government and Parliament on free speech with regards to reporting by journalists, rather than curtailing free speech.

With regards to the call by UN Human Rights High Commissioner for the General Elections in PNG to be held within the prescribed period under the Constitution, PM O’Neill reaffirmed that the 2012 National Elections will be held in June 2012 with the writs to be issued on 18th May 2012.

“There is no intention for the O’Neill/Namah Government to further delay the General Elections this year.

“As PM, I have repeatedly underscored this in recent weeks to the people of Papua New Guinea and the international community of this undertaking. I must therefore request all friends of PNG who believe PNG needs help, to work with PNG and not make public statements that my Government has already addressed such as the dates of the elections. This is raising a redundant and non-issue and therefore unhelpful.

“I reaffirm that the recent decision of Government in recent times are made in the best interest of PNG through the democratic process.

“At this juncture therefore, I have instructed the Secretary for the Department of Foreign Affairs and Trade to ensure the PNG Ambassador to UN keeps the UN High Commissioner for Human Rights and the UN Secretary General appropriately briefed on the prevailing context of PNG in which the Government’s actions since August 2011 have taken place including my Government’s tangible commitment to human rights in PNG,” the PM said.

 

Aproved for release

HON. PETER O’NEILL, CMG MP
Prime Minister