Wednesday, May 4, 2016

#PNG's University Students Protests Give Meaning to Constitution because Courts cannot

University of Papua New Guinea students today made a brilliant tactical move in not deliverying their petition to Prime Minister O’Neill’s lackeys.

Ministers Tabar and Micah made a fool of themselves showing up at the Waigani Campus in Port Moresby only to be shown the might of intellect against the brawn of carpetbaggers.

The intellectual superiority of this young generation of PNG’s emerging leaders must be applauded.

Students from the University of PNG have shown the rest of Papua New Guinea and the world how to politely show the middle finger at the oligarchy.

Papua New Guinea is currently run by wanted fugitives and their inner circle of vampires sucking up the wealth of the nation.

Being the dimwits that they are along with their poorly developed cerebral functions, the nation faces a battle between human empathy and animalistic survival behavior.

Students at the University of Papua New Guinea and the University of Technology have demonstrated critical leadership that values the dignity of the human person. Their sacrifice is highly commendable as it reflects the intrinsic goodness of human nature in standing in solidarity for fellow citizens.

Only humans are known in the myriad of life forms to be able to lay down their lives for another. Christianity’s very existence is based on this very tenant of laying down one’s life for the good of humanity. Indeed unlike other forms of religious expression, Christianity is founded on the sacrifice of human life for the salvation of humanity.

Christianity teaches that laying down one’s life need not necessarily involve death as shown by the example of Isaac and Abraham but the willingness to do so for the greater good of humanity as is seen in the great works of the Apostles and Saints.  This great tradition has been carried on by the striking student.

Papua New Guinea is at the cross roads where the values upon which this nation was founded are being brought into question. Papua New Guinea’s founding values are reflected in its FIVE NATIONAL GOALS AND DIRECTIVE PRINCIPLES.

The first National Goal and Directive Principle  (NGDP) calls on every man and woman to free himself or herself from all forms of oppression in order to be fully developed as a human person (Integral Human Development).

When all Papua New Guineans are liberated as per the first NGDP, they are able to achieve the second NGDP (Equality and Participation) by being empowered to equally participate in all social, economic, political, cultural and etc… aspects of national development.

Once you achieve the second NGDP, you secure the third NGDP (National Sovereignty and Self Reliance) because Papua New Guineans are now in control of all aspects of national development.

In order to achieve long term sustainability of National Sovereignty and Self Reliance (3rd NGDP), Papua New Guineans must wisely manage their natural resources. Thus the fourth NGDP calls for wise use of natural resources.

In achieving NGDPs 1-4, Papua New Guinean Ways are secured (NGDP 5 calls for PNG Ways).

Many people may see me as anti-O’Neill but I do not consider myself as such. I am neither anti-O’Neill nor Pro-O’Neill. I consider myself to be Pro-Constitution as per the National Goals and Directive Principles are concerned.

It is important to note that the National Goals and Directive Principles are non-justiciable, meaning that the Courts cannot make rulings based on them. As such, it is up to individual Papua New Guineans to give meaning to them.

The University students are giving meaning to the National Goals and Directive Principles of the Constitution of the Independent State of Papua New Guinea!

Tuesday, April 26, 2016

What #PNG needs to know about the O'Neill Regime's Secret Cybercrime laws

The lack of Public Consultations with civil society stakeholders like myself raises serious questions about the intent and purpose of proposed regulation of the internet.
The O'Neill government has been secretly drafting laws to stifle Freedom of Speech, Freedom of Expression and Freedom of Assembly under the guise of fighting cyber crime
Cybercrime is simply the use of computers and mobile devices for criminal activities via the internet.
Examples include hacking, bullying, pornography, child pornography etc...
However there are sections within the Draft Cybercrime Bill [DOWNLOAD PDF] that may gravely undermine democracy in Papua New Guinea.
Section 17 of the Bill for instance deals with "Offensive Publications". This is despite the fact that section 14 deals with pornography. The problem with this section is that something that may be Offensive to one person may not be viewed as offensive by another. For instance political satire cartnoons may offend a politician but aren't necessarily offensive to society.
Section 19 deals with Defamation. Again, why have specific mention of defamation when there are already provisions for defamation in existing laws? The penalty imposed is K50 000 fine and 15 years imprisonment, which is much higher than the penalty for being caught selling marijuana. Clearly this section is intended to shut down online discussion of national issues by creating an environment of fear.
Section 25 deals with Cyber Unrest. It warns " A person who intentionally and without lawful excuse or justification, uses an electronic system or device to incite any form of unrest or giving rise is guilty of a crime."
This section could potentially kill any community organizing online if the powers that be deem such organizing to be politically unfavourable. How do you mobilize people in such an environment?
Section 40 deals with ICT Providers. It places a burden on ICT providers to monitor the activity on their network. This undermines customers right to privacy of communications.
You may or may not be aware of recent developments in the United States where the Patriot Act was repealed by the Obama Administration to stop the US Government from spying on its own people. We've also seen in the Apple iPhone scandal where the US Courts have prevented the FBI from forcing Apple to hack the iPhone of a shooter.
Following the exposure by Edward Snowden, democratic countries around the world have been moving towards protecting their citizen's right to privacy and freedom of expression. Only Dictatorships have imposed laws similar to the Draft Cybercrime Bill of the O'Neill Government.
Yes we need to regulate cybercrime and outlaw the bad stuff but we shouldn’t undermine our democratic rights in the process.
Apparently, a workshop will be held tomorrow at Lamana Hotel to discuss the new Bill and it is very suspicious that civil society has not been invited to comment.
What we are seeing are the machinations of a dictatorship.

Wednesday, April 20, 2016

How #PNG's Police Commissioner bungled his handling of the Fraud Squad

Concerned Citizens in Madang calling for Fraud Squad to be reinstated
Papua New Guinea’s Police Commissioner has suspended officers of the National Fraud Squad over allegations of insubordination.

“I have taken steps today to assume command and control of an erratic and out of control National Fraud and Anti-Corruption Directorate (NFACD) and restore the integrity of the Royal Papua New Guinea Constabulary.

“I have done that by suspending both Director NFACD Chief Superintendent Mathew Damaru and his Deputy Chief Inspector Timothy Gitua and immediate staff for continuous defiance of administrative direction/insubordination, for failing to command and control Fraud Squad members, and for acting outside normal and established police practices and procedures,” Baki said in his media release.
The question however is: who are Gitua and Damaru directly accountable to in the “command and control” of the Fraud Squad?

It is understood that the Fraud Squad comes under the command of the Assistant Police Commissioner (ACP) for Crimes, Victor Isouve.
Whilst it may not be clear as to whether or not ACP Isouve sanctioned the recent “high profile” arrests, a media report suggests some support from ACP Isouve.

Despite Baki’s assertion against the Officers that “[a]llegations of bribery have also been made in the Simbu investigations which is currently being investigated” however in their bid to stay their suspension Damaru and Gitua provided “hard evidence” to Justice Allen David that their trip was officially sanctioned.
The “Chain of Command” is that Damaru and Gitua report to the ACP Crimes who then reports to the Police Commissioner. The Chain of Accountability therefore should be that the Police Commissioner holds his assistant commissioner accountable if he hasn’t received reports.

The Police Commissioner has made rash decisions and his outbursts on national television highlight his lack of “command and control” of his emotions.
The Key Facts surrounding the suspension of Gitua and Damaru are these:

1.       High Profile arrests were made involving a Judge, a lawyer and a Government Minister

2.       Statements were made against Fraud Squad making further arrests

3.       Officers of the Fraud Squad were suspended

4.       A Court Order was obtained lifting their suspension and restraining the Police Commissioner from
5.    Against the Court's Order the Fraud Office has been closed by the Police Commissioner

To be fair to Baki, he is the ultimate Commandant of the Police Force and he and his colleague’s roles are define by sections 196, 197 and 198 of the Constitution as well as the Police Act of 1998.

The Office of the Police Commissioner is an independent Constitutional Office created under section 198 of the Constitution. The independence of the Police Force is further reflected in section 5 of the Police Act 1998 which states that “no person who is not a member of the Force has any power of command within the Force.”
Given the facts surrounding the suspension of Gitua and Damaru, it is reasonable to question whether the Office of the Police Commissioner remains independent.

Furthermore, the subsequent actions following a Court Order by Justice Allen David raises serious questions about whether the Police Commissioner is in contempt of court and has perverted the cause of justice.

It is a rather tragic irony that the Police Commissioner could potentially meet the fate of his immediate predecessor.