PNG bans legal challenges against resources projects

PNG bans legal challenges against resources projects
Posted Mon May 31, 2010 8:23pm AEST on ABC.net.au

Papua New Guinea's parliament has passed legislation effectively banning anyone from using the courts to stop resource projects.

Amendments to PNG's Environment Act mean approvals granted by the environment department's director cannot be challenged in court.

It means people worried about the environmental impact of a resource project can no longer mount a legal challenge to the approvals.

The changes follow complaints from the mining industry after landowners won a temporary injunction preventing a Chinese-owned nickel mine from dumping waste into the sea off Madang.

Environment minister Benny Allen says the extraordinary measures are in the national interest.

Lawyers say the amendments also mean people cannot seek compensation for environmental damage.

Time for change is NOW

Got an emailed attachment in my inbox this morning - a signed petition/statement from a number of members of parliament in relation to the pending vote of no confidence against Papua New Guinea's Prime Minister, Sir Michael Somare.

It's worth a read.

Download the report here (right click, save target as):

Papua New Guinea Opposition Media Campaign 2009

Perfectly Frank

"We are not going to have an election just to please Australia and New Zealand. That's not going to happen".
- Frank Bainimarama

He's been called a dictator, a disgrace and a blot on democracy in the Pacific, but Fiji's interim Prime Minister, Frank Bainimarama, says he just wants to make his country a better place.

In a rare interview with Mark Davis he comes out fighting against his critics...on SBS's Dateline (on Sunday, August 1, 2009).

Another day at the office for Ban Ki-Moon

There has been much debate (especially in my IR tutorial) regarding Ban Ki-Moon's performance so far into his five year tenure at Secretary-General of the United Nations.

Some have argued that he is trying to accomplish too much.



I think we can argue that he is trying to achieve too many things but we must also remember that this man is the Secretary of the United Nations. In his role, he doesn't have the 'privelege' to choose which issues he should choose to address and issues he can't put on the agenda and present it into a small, neat portfolio to the world. Unlike self-interested governments who focus predominantly on domestic national issues, the United Nations has a larger amount of transnational issues to raise public awareness about and help resolve. I think as the dominant international organisation, he is doing a great job by educating the global international community and reminding them of the plight of others around the world. If he failed to raise such issues through the media especially, as individuals, we may not be as educated and be as inquisitive into these issues if he completely failed to acknowledge them. Failing to acknowledge these issues, would undermine the strife and violations that are occuring and eventually we would even further marginalise the importance of these issues.

Put yourself in his shoes. What gives anyone the right to say that the genocide in Sudan is less important//more important than the economic global crisis for example. To argue one case against another, would create a lot of negative responses from all sides. As the lives of millions of people have been affected by both issues - the pool of poor and vulnerable people is just too large to not address.

It's just another day at the office for Ban Ki-Moon.

and to reiterate Ban Ki-Moon it can be either a "make it or break it year full of issues that aren't solved into a make it work year full of solutions."

:)

Revolution and Civil Rights - Are they mutually exclusive?

In an interview on CNN's American Morning (June 22, 2009), John Roberts interviewed Hamid Dabashi, a professor of Iranian studies based at Colombia University. Dabashi stated that Iranian protestors want civil rights not a revolution.

Read the transcript of the full interview here.

RGarcia posted the following comment:

Don’t listen to the “so-called” expert who says that this is not revolution being demanded. Listen instead to the voices on the ground in Tehran…the voices of those young brave men and women, the voices of those interviewed over the phone by cnn, like the young man pleading with the international community for support by vehemently pointing out that Ahmadenijad’s rule is now illegal and that a new “structure” of government is needed and that the structure of government with Ayatollahs has got to go; When we hear chants of “death to Khamenei ” [Supreme Leader Ayatollah Khamenei], and when we hear others like the son of the former late Shah of Iran who says that he sees now the biggest threat to the current regime since 1979….when we listen to all of these people, the result is quite clear – the people of Iran want nothing less than a revolution, which ovbviously INCLUDES civil rights for its people. Yes, the current Iran constitution provides for civil rights for its citizens, but the current system of government in which there is a ’supreme leader’ is very loudly being opposed. So, please pay little attention to this ‘expert’ (Hamid Dabashi). The people of Iran very obviously are showing that they want nothing less than a revolution which includes a system of government by the people and for the people (and this includes civil rights)…..Revolution and Civil Rights are not mutually exclusive….Rene from Dallas.

Personally, I think that had President Ahmadenijad’s initially been smart enough to have predicted the possibility of riots on a large-scale such as this, and thus opted to have a re-election...the situation would never have exercabated. It would have been more 'democratic' to acknowledge the civil liberties of its citizens as opposed to suppressing their rights to freedom of speech by placing thousands of soldiers on the streets.

President Ahmadenijad seemingly undemocratic response therefore lives little faith in the majority of the Iranian population who now will opt for an overthrow of the current system of governance. What was initially an exercise of civil liberty through peaceful protests and gatherings (although highly emotive) has resulted now in a highly escalating situation that will inevitably either require a peaceful solution or international humanitarian intervention through the use of military force. Only God knows what'll happen then.

NOTE:

Despite his title, President Ahmadenijah does not hold the highest constitutional office in Iran. The highest constitutional office belogns to the Supreme Leader of Iran who is Ali Khamenei, also the commander in chief of the armed forces of Iran (as stipulated in Article 113 of the Constitution of Iran).

Yes, we call it diplomacy, Minister!

Just for laughs: diplomacy explained artistically (and as some may argue...honestly)

Irony at It's Best

Received a two-line email from Tama today:

90 people get the Swine Flu and everybody wants to wear a mask.

A million
people have AIDS and no one wants to wear a condom.

The School of St.Jude's, Tanzania

Guys this is sooo interesting...read about what this woman has done....i had my first Cultural and Ethics tutorial and we were examining the quote: "the unexamined life is not worth living" - Socrates (469-399 BC). And my tutor mentioned that when we start to analyse (maybe overanalyse) certain aspects of what our roles as individuals are when it comes to alleviating poverty, we can critically analyse ourselves and say that "yes, i do contribute to poverty". Then this morning I got my ticket for this seminar which will be held next tuesday and just read the background on the presenter, Gemma Sisia...read it:

PRESENTER: Gemma Sisia
In 2002 a young lady, Gemma Rice (now Gemma Sisia), from a sheep farm in Australia, opened a small school, St Judes School, in Northern Tanzania with the help of her family, friends and local Rotary Club. What started with only a handful of children and one teacher is now a thriving school of over 1000 children, 130 teachers and 200 staff.
Over 90% of the children at the school receive a totally free education as local and international sponsors individually cover the costs of not only the educational fees but also the uniform, stationery, transport, hot meal, snacks and drinks of each child. What makes this school even more special is the fact that this success comes about due to the group effort of thousands of ordinary people from all over the world coming together to do something quite extraordinary.

Visit: The School of Jude's website here.

Gemma'a two sons, Nathaniel 7, and Jacob 5, are sooooooo cute!

( Source: The School of St. Jude's site)

Ex-Guantanamo Bay detainee is released

After seven years without trial, Guantanamo Bay Prison detainee Binyam Mohamed has been released from the controversial prison.

I'm aware the when David Hicks was released, there was an enforced media ban on him which prevented him from speaking publicly about his ordeal.

Since, his release - Mohamed's lawyers have requested that President Obama release documented evidence (including photographs) which detail abuse and torture inflicted upon Mr. Mohamed during his incarceration.

My question is: Can Binyam Mohamed sue the United States government? If so, on what grounds?

Through their eyes: The Darfur Genocide

I've recently signed up to be a member of The Hub which is the world's first participatory site where individuals, groups, networks and organisations can bring their stories of human rights abuses and draw the attention of citizens worldwide. Members can upload videos, photos or make comment on posts. It's a great site - volunteers all over the world with acclaimed human rights advocacy organisations such as Amnesty International make frequent postings as well.

Well, so we all know that George Clooney didn't rock up to this year's 81st Annual Academy Awards...instead he was briefing U.S. President, Barack Obama and Vice President, Joe Biden on the ongoing conflict in Darfur, Sudan. This genocide has been going on for a few years now and the fact that someone of George Clooney's celebrity and association with the United Nation's (he is a U.N. Messenger of Peace) brings great publicity before this modern day genocide went off the radar. You would have thought that world would have taken a more firm stance in the aftermath of Rwanda.

The Sudanese government has time and again denied supporting the mass killings and atrocities that have been instigated by the Jajaweed Militia, however, witnesses continue to raise claims about Government helicopters being used in the assault against innocent civilians. To difuse the Government's rejection of any involvement, video below is a shocking testimony from four alleged perpetrators who have been involved in the Sudan crisis - one was a senior officer in the Sudan Army Force, one a high-ranking Janjaweed commander, another a Janjaweed footsoldier, and the last a Sudanese soldier. In this video you see the genocide through the eyes of these four men. They give very key details about who were financiers behind some of the attacks through to detailed accounts of some of the attacks. The stories of these four men make a direct link between the accounts of witnesses claims and their own experiences in the lies that the Sudanese government has been telling the world over and over again. Phil Cox, an independent film-maker who assisted in the production of this film states the importance of this footage as being "the first time that the people can see a Sudanese, Arabic-speaking, high-ranking commander saying that 'We did this.' It never happened before." In a nutshell, the testimonies of these four alleged perpetrators could be used against Sudanese President Omar al-Bashir and others if this case was to go the the International Criminal Court (ICC).

Watch the video here.

Related articles:

Group releases film allegging Darfur war crimes - International Herald Tribune
Shocking video testimony from Darfur perpetrators (Aegis Trust) - By Samir Padania, The Hub online

Get it right, Buai Chewer

(Mustard, Betel Nut, and Lime)

This post in retaliation to an article posted in the Post Courier's Viewpoint Section entitled "Get right NCDC with your buai ban" by Buai Chewer:

"...Your supporters can then go around and collect the rubbish in their trucks twice a day and while doing so the public is educated on how to dispose of their rubbish properly instead of going around in convoys harassing people".
Read the full article here.

I agree with Buai Chewer that more bins need to be located in smart spots - locations where betel nut chewers can easily dispose of the betel nut shell itself instead of throwing it on the ground and littering public areas. One thing I've noticed (and I'm sure every other Moresby-ean) is the spilling of 'red blood' on our streets and walkways. This 'red blood' itself isn't actually 'human blood' but the product of a chemical reaction between the lime, mustard and saliva in the mouth. If not swallowed, a lot of betel nut chewers usually spit this out of their mouths onto our walkways and from their moving vehicles onto our roads. If the purpose of the betel nut ban is to promote cleanliness and hygiene in Port Moresby, in order to also prevent betel nut chewers from ruining our pathways and especially our roads, (1) all buai chewers on our PMVs (Public Motor Vehicles) should be refused entry on all our PMVs if they are chewing betel nut. (2) NCDC should also enforce all betel nut chewers to carry a plastic bottle (for example only) to spit into instead of smearing betel nut spittle publicly.

"Buai selling (betel nut selling) is their lifeline and as soon as they are deprived of their income..." - Buai Chewer

Growers, PMV operators and village people will not be affected by the betel nut ban - they can still grow, distribute and supply betel nut vendors! The current betel nut ban only restricts WHERE betel nut vendors can sell betel nut. They still can sell betel nut - just not on public property. This is legally enforceable because first of all, betel nut sellers who sell betel nut in public places do not pay the people that the NCDC contracts to clean up the streets. By restricting betel nut vendors to sell betel nut only on private property reduces the costs that the NCDC has to cough up paying street cleaners and also gives the responsibility of cleaning entirely up to the betel nut vendor. Which is very fair. Think of it as a form of 'corporate responsibility' - only on a smaller business scale. In addition, the fact that NCD govenror, Mr. Powes Parkop has established a taskforce of enforcement officers - they aren't mobilised to 'harass' people as Buai Chewer suggests. Yes, they may be intimidating but this is not unlawful harassment. These betel nut sellers know it is illegal to sell betel nut in public places.

By banning the sale of betel nut in public places - there is only a slight change (as opposed to complete difficulty) in terms of moving and purchasing betel nut, I've made a few suggestions to make purchasing betel nut, more 'efficient' for betel nut lovers:

• know your 'suppliers' and their location. Liase with them. Get their mobile numbers if you're that desperate. If you can't go to them, let them come to you! Most importantly, know where they live so you can go to their house and buy it. This all sounds very hilarious but I can't figure out anything more practical. It shouldn't prove too difficult as there is a high probability that there is at least one betel nut vendor who alread resides on your street/has a betel nut stall on their property.


• Buy in BULK. Simply, less trips and frustration in finding and locating your supplier.
  

Buai Chewer, I suggest you start to not only stop thinking selfishly, but start acting responsibly. If you haven't noticed, the Health Department, other NGOs as well as the National Capital District Commission (NCDC) have spent millions to educate citizens on how to dispose of their rubbish properly in paid TV, radio and print media. The argument that spending K80,000 so that "the public is educated on how to dispose of their rubbish properly" is a reckless argument. Obviously, lazy and ignorant people have failed to comprehend one-line advocacy campaigns such as "Please Help Keep Port Moresby Clean". It's time to toughen up.

Yes Buai Chewer, betel nut is here to stay, but please be smart and responsible.
Enough is Enough.

O arise all you sons of this land

Post Courier

Wednesday, October 3, 2007

Motigate debate
gagged in Parlt

GOVERNMENT yesterday gagged the Opposition from
asking questions relating to two controversial issues – Motigate Affair and
Mobile War.
On the first day of the sitting yesterday, Parliament Speaker
Jeffery Nape walked in an hour after the ringing of the bells and stopped
Parliament from raising any questions or issues concerning the Moti affair.
Mr Nape said, “I understand that the matter is before the court or the
Defence Council, therefore I wish to inform Parliament that we should not
discuss it.
“Any questions relating to the Moti case will not be entertained
until the report is tabled before Parliament.”
And the Opposition decried
this and termed it dictatorial.
At a news conference attended by all
Opposition members, they said the gagging of debate on important issues
concerning the nation was a disgrace.
Opposition Leader Sir Mekere Morauta
said the Speaker misled the Parliament.
He told reporters that his office
checked with the Supreme Court only on Monday and there was nothing to say that
the Moti issues was before the courts.
He said the Opposition had some
questions regarding the issue and the report was explicit where it said laws
were broken and responsible people should be prosecuted.
Sir Mekere,
supported by his deputy Bart Philemon and former Prime Minister Sir Julius Chan,
said the recommendations of the report is clear and the alleged threats by the
PNG Defence Force to arrest the Prime Minister and NGOs’ outcry were symptoms of
the leaders not doing the right thing.
In saying this, the Opposition called
for the Prime Minister to step aside immediately.
“There is a growing chorus
of dissatisfaction everywhere.
“We are doing injustice to the people,” Sir
Mekere told reporters.
Sir Julius called on respective government bodies
like the Ombudsman, police and public prosecutor to act independently and act on
the recommendations of the Moti report.
Mendi MP Francis Awesa said there
seem to be two laws, one for the small people and the other for the leaders,
supported by Sir Mekere who said a small person gets belted up for stealing a
packet of biscuit and a leader gets free after all these allegations.
Meanwhile, attempts to ask the Communication Minister Patrick Tammur on the
alleged submission to the Cabinet was also gagged with the front bench of the
Government interjecting with points of order and calling on the speaker to rule
it out of order which the Speaker eventually did.
Parliament adjourned to
this morning at 10.

This article raised a number of questions. What does it mean to be independent and free? Are we really independent and free? As outlined in our National Pledge, do our leaders really pledge to:

"Build a democratic society based on justice, equality, respect and prosperity of our people"

Have Papua New Guinea's leaders become so ignorant and blinded by their own visions of personal wealth, status, power and self-interest? Is our society going to the dogs? Maybe one needs to provide certain public figures with clearER definitions of these fundamental governing principles, imperative to the promotion and enforcement of the rights of the men, women and children of any democratic country. It makes me wonder...

Torture techniques: a question of human rights

Okay, fixed myself a bowl of salad (herb and garlic tuna, tomatoes, avocado, balsamic dressing..same old, same old) and decided to sit down and catch up on some current affairs by skim reading some newspapers. Exams are finally over so I guess reading newspapers and enjoying a salad you prepared yourself can be therapeutic at times.

The first article that grabbed my attention was Sally Neighbour's 'Asking the painful questions' in The Australian Inquirer (p.22).

The article gives an account of torture mechanisms and techniques that have developed over the past fifty years or so. Neighbour's article goes on to question why these torture mechanisms are still being used by the U.S. government despite being labelled as 'unreliabile' and thus, ineffective in the war against terror.

Have a look at this picture:

Most of you will probably associate it with the prisoner abuse claims that occurred at the Abu Ghraib prison in Iraq that caused much international controversy about two years ago. Most people who have heard only little or not much about torture techniques may at first see this picture only as a man or woman simply standing, arms stretched on what looks like a cardboard box - or even as a gimmick, something that kept the U.S. army personnel entertained in the middle of nowhere.

Upon closer examination, this photograph reveals a can full of worms, unearthing some of the most gruesome and inexcusable human rights violations that have occurred to date. Alfred McCoy, a historian at the University of Wisconsin-Madison and author of A Question of Torture: CIA Interrogation from the Cold War to the War on Terror (click here for more McCoy's' deconstruction of these images and CIA torture techniques) adds more to this picture by citing that this photo represents two CIA foundational techniques. Firstly, the hood on the detainee acts as a sensory disorientation and deprivation technique. Secondly, his arms stretched out are intended to inflict pain upon him/herself (ie self inflicted pain).

What truly shocks me is the possible legalisation of torture techniques that could allow people such as John Howard and George W. Bush to sign a warrant issued by a judge to authorise torture. Have a look at the picture of the prisoner in Abu Ghraib again. If this person was your father, mother, sister, brother, nephew or friend, would you let this happen to them?

In Neighbour's article, the argument of well-known Harvard academic and criminal lawyer, Alan Dershowitz is used to justify 'painless' torture mechanisms that could be used by governments such as the U.S. and Australia. Dershowitz who claims to not be a supporter of torture contravenes his personal belief and states that governments should be able to use torture as long as they are done so in an "accountable, transparent way." Notably, the U.S. does not have a clean slate in relation to matters dealing with accountability and transparency. For example, no one knew that the U.S. were using torture techniques on the detainees at Guantanamo Bay until one of its own, former chief lawyer for the US Navy, Alberto J. Mora blew the whistle on the use of such torture techniques. Think of the human rights abuse claims made by David Hicks against the U.S. government and the U.S government's failure to bear the onus of such claims.

After reading this, who would you believe...a man imprisoned for over five years without a formal charge or a government which claims itself to be democratic and a signatory to numerous United Nations' human rights conventions, yet exercises a form of modern tyranny.

Onto more pressing global issues...

I was just reading the United Nation's Development Program Report entitled 'Beyond Scarcity Power, Poverty and the Global Water Crisis?

The Report primarily focuses on the issue of the water crisis, the causes and the problems experienced by the poor. The main arguments being that water is not a scarce resource, however, the poor have been sysytametically disadvantaged due to political choices.

However, what really drew my attention and something that I think would start a great discussion relates to the following excerpt (see page 3):

In the world of the early 21st century national
security concerns loom large
on the international
agenda. Violent conflict, concerns
over terrorist
threats, the proliferation of nuclear
weapons and the growth of illicit
trade
in arms and drugs all pose acute challenges.
Against this backdrop
it is easy to lose sight
of some basic human security imperatives, including
those linked to water.

The 1.8 million
child deaths each year related to
unclean water
and poor sanitation dwarf the casualties associated
with
violent conflict. No act of terrorism
generates economic devastation on the
scale of
the crisis in water and sanitation. Yet the issue
barely
registers on the international agenda.

It would be interesting if people could get involved and share some ideas or thoughts.