Will Aussie Police Return?

Picking up the pieces after the PNG Supreme Court in May ruled that key provisions of the ECP Act were unconstitutional, PNG Foreign Minister Sir Rabbie Namaliu and Internal Security Minister Bire Kimisopa flew to Canberra and told Australian Foreign Minister Alexander Downer that faulty provisions of the act highlighted by the court could be fixed using current PNG laws.

They ruled out amendments to the PNG constitution to give immunity to personnel sent to PNG under the five-year package.

"We have a number of existing legislation which we pointed out that obviously need to be looked at by officials from both sides… which we believe if looked at exhaustively will make it apparent that in fact all of the concerns that have been expressed by the Australian government can in fact be accommodated within the existing laws in our country," Sir Rabbie said after their arrival from Canberra.

The PNG Supreme Court ruled on May 13 that five articles of the ECP Act were inconsistent and failed to comply with the PNG constitution. These included the powers of the Australian Assisting Police to regulate/restrict the rights of people, their use of firearms, the prosecution powers of the joint steering committee which clashed with that of the public prosecutor and police commissioner, and the exemption of designated/related persons (ECP officers) from being prosecuted in PNG courts.

Two members of the Australian Assisting Police (AAP) talk with a Royal Papua New Guinea Constabulary colleague after their farewell parade. Photo: Courtesy Post Courier

Subsequently 150 Australian Assisting Police (AAP) officers were stood down from active duty in Bougainville and Port Moresby immediately after the court's ruling. They were flown out of the country four days later. 40 Australian bureaucrats remained behind, but were taken off their substantive appointments and shifted to advisory roles in core government departments.

In response to the ruling, Australian Prime Minister John Howard said "We don't want to expose our police to the possibility of prosecution; we think the immunity is justified and necessary. We have to work our way through it. It is a setback but we remain very committed to helping Papua New Guinea."

The departure of the AAP was a concern, especially to leaders on Bougainville, as the Australians were to play a pivotal role in providing security during the historic autonomous government elections.

As ECP officers packed their bags, PNG acting public solicitor George Minjiau slammed the government over the legal bungle saying his office's advice on purported loopholes in the ECP Act was "ignored".

"The Supreme Court decision merely confirms what has been the legal position as advised by lawyers of the State Solicitor's office," he said.

Australian politicians also jumped on the bandwagon with the Opposition Leader Kim Beazley saying the court decision could be diplomatic payback for Australia's treatment of PNG in recent times. This drew the ire of the PNG acting attorney general Fred Tomo, who decried Beazley's comments saying the PNG judiciary was independent of the legislature and executive arms of government.

But as jabs between leaders over the court decision crisscrossed the Torres Strait, former prime minister and Moresby Northwest MP Sir Mekere Morauta in a paper published by the Australian National University, said Australia should take a "backseat" and let PNG take responsibility for the ECP.

"The ECP is widely seen as an Australian, not a Papua New Guinean initiative. This perception will not change unless Australia takes a back seat and Papua New Guinea takes primary responsibility for the planning and implementation of the program. Papua New Guinea should navigate the journey. Australia can chauffeur the vehicle, and indeed help fill the petrol tank. But the purpose of the journey, the destination and the direction, has to be set by Papua New Guinea."