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Special Agriculture and Business Leases
Last updated: August 2017
Papua New Guinea (PNG) is a nation of landowners. Under its Constitution, people are guaranteed legal ownership over the land they have traditionally lived on and used, and the forests that grow on it. But by 2011, more than
12% of this land had been handed out by the government as large agricultural concessions known as Special Agriculture and Business Leases (SABLs). Under these leases, Malaysian-controlled companies began logging and clearing vast areas of rainforest and exporting the valuable timber.
A government inquiry concluded in 2013 found that most of the SABLs reviewed had violated laws meant to protect people’s land rights, but the government failed to act on its recommendations. The leases have been associated with a range of human rights and environmental abuses. Police on the payroll of logging companies have harassed, arrested and beaten landowners who try to speak out.
In August 2016, the Supreme Court struck down an SABL that had accounted for roughly 10% of all logs exported under the leases. The Court found the SABL had been issued without the consent of indigenous landowners, in violation of PNG law, and declared all operations under it illegal. Yet in the months following the decision, at least six more ships carrying millions of dollars of illegal timber cut under the lease set sail for China.
The PNG government has since made a series of public statements, reported by major national and international media outlets, declaring SABLs illegal and announcing their cancellation. While this raises serious questions about the legal status of the leases, at the time of writing the government did not appear to have taken any subsequent actions to cancel leases or halt operations. Logs continue to be cut and exported under SABLs.
Below is a timeline of some key events. While the Prime Minister and Land Minister have recently stated that SABLs are illegal and have been cancelled, at the time of writing the government had not issued any subsequent directives to cancel leases or halt operations under them. Logs continue to be cut and exported under SABLs. When we asked companies operating under SABLs to comment, Rimbunan Hijau, Bewani Oil Palm Plantations Ltd. and KK Connections Ltd. challenged the validity and applicability of the PNG government’s statements reported by the media and maintained that all their operations are legal.
1996: Land Act amendments introduce SABL mechanism. It goes largely ignored for years.
2003 – 2011: The Government quietly hands out SABLs covering 55,000 km2 of land to mostly foreign-controlled companies.
March 2011: Following a complaint by civil society groups, the UN Committee on the Elimination of Racial Discrimination sends a public letter to PNG’s Ambassador to the UN, stating its concern that SABLs had been granted “without…the consent of indigenous landowners.”
March 2011: A group of academics and civil society groups sign the Cairns Declaration calling for a moratorium on SABLs and an independent review of their legality and constitutionality.
July 2011: The Government declares a moratorium on new SABLs and launches an official Commission of Inquiry (COI) into 77 of the leases.
August 2012: Greenpeace publishes major exposé of SABLs.
June 2013: The COI publishes report assessing 42 SABLs, documenting numerous legal violations and recommending that nearly all leases be revoked or suspended, but fails to publish findings for the remaining SABLs.
June 2014: The National Executive Council (NEC) and Prime Minister Peter O’Neill announce decision to revoke SABLs where recommended by the COI, repeal the SABL mechanism, and review the legality of SABLs the COI failed to publish recommendations for.
July 2014: An SABL in the Turubu area of East Sepik Province is ruled to be illegal by the National Court. The decision is appealed to the Supreme Court a week later and a stay on the lower court decision allows logging to continue.
July 2014: Department of Lands and Physical Planning publishes a list of 29 SABLs to be revoked based on the COI’s recommendations. The list omits all but one of the SABLs where logging was occurring, even where the COI recommended they be revoked.
August 2015: Leaseholders of the Turubu SABL win Judicial Review case challenging the COI report and resulting NEC cancellations. The Court does not question the COI’s findings but quashes the report on procedural grounds.
August 2016: Supreme Court upholds 2014 National Court ruling that the Turubu SABL is illegal.
November 2016: PM O’Neill tells Parliament and the news media that the SABLs are being cancelled.
March 2017: PM O’Neill states in a press conference that “…we have cancelled all the licenses. All the SABL licenses are illegal in this country.”
April 2017: Lands Minister Benny Allan states that SABLs are illegal and calls on leaseholders to surrender land titles.
Public Service in Papua New Guinea
last updated: January 2020
Like some other countries in the Pacific Island region, the public service is the largest employer in PNG, with 105,000 people employed as public officials (Pryke and Barker 2017). The public service includes administrative and “frontline” staff (such as teachers, who make up 52% of the workforce). Ten percent work for provincial administrations, while 12.9% work in national departments. In mid-2014, when the public sector employed just over 98,000 people, administrative positions (which are the focus of this chapter) included those working in executive (0.1%), senior (1.3%), middle (5%), and junior (26%) levels (Haley 2016).
Public servants are operating in a rapidly changing economic, political, and administrative environment. PNG’s fiscal crisis is arguably the biggest challenge facing the public service. Academics have painted a dire picture of PNG’s economic situation noting, “falling government revenue, large expenditure cuts to basic services, evidence of negative economic growth, and a fixed, overvalued exchange rate, supported by foreign exchange rationing” (Fox et al. 2017, p. 1). The public service has felt the effects of this fiscal tightening. Cash flow crises have meant public servants’ pay is often late, and some departments have not received promised funds (Garrett 2016).
Decentralization is the next greatest challenge facing the public service. PNG has three tiers of government (national, provincial, and local) with four levels of administration (national-, provincial-, district-, and local-level government). The country’s 1995 Organic Law on Provincial Governments and Local Level Governments provided a framework for decentralizing service delivery to locallevel and provincial governments. Many have questioned the effectiveness of this reform: a review found inadequate funding, poor capacity and oversight, and political manipulation has undermined decentralization efforts in the county
(Kalinoe 2009).
Nonetheless, recent reforms have reinvigorated the country’s decentralization agenda. The District Development Authority Act (2014) devolves administrative and financial powers to the country’s 89 districts. Provincial-, district-, and locallevel constituency development grants (known as Service Improvement Programs [SIP]) have also increased over the past 5 years. SIP funding arrangements have increased political interference – particularly at the district level through newly instituted District Development Authorities – with members of parliament (MPs) often personally involved in deciding how this money is allocated and implemented; this has exacerbated concerns about corruption and poor administration (Kama 2017). Decentralization has also led to greater opportunities for public-private partnerships, which are set to increase in number due to the increased powers granted to District Development Authorities to engage with the private sector. While the PNG government has lauded this development, many are concerned it has the potential to increase corruption (Davda and Walton 2017; Walton and Jones 2017).
In 2019, citizens in Bougainville province will likely go to the polls to vote on whether it will become independent from PNG or have greater autonomy. The Prime Minister (PM) at the time of writing, Peter O’Neill, has agreed that three additional provinces – East New Britain, Enga, and New Ireland (which is included in this study) – have greater control over their administration and finances. The PM has suggested that this arrangement could be replicated throughout the country. These renewed efforts to decentralize government make understanding the views of public servants working at the subnational level (as this chapter seeks to do) even more important.
Other recent legislative changes have put pressure on the country’s bureaucracy. The Public Services (Management) Act (2014), passed under PM O’Neill’s government, led to a restructuring of the process for appointing senior public servants. It established the Ministerial Executive Appointments Committee chaired by the Minister responsible as well as other government ministers and public servants (Kama 2017). Kama (2017) argues that this arrangement has increased political interference, and Haley (2016) notes that the act “gives MPs a formal role in hiring and firing decisions at the subnational level.”
The challenges brought about by these reforms exacerbate other pressures facing public servants. In the absence of a welfare state, the wantok system (a system of reciprocity between friendship and kinship groups) provides important social protection for many citizens. However, it also means public servants are pressured to provide unofficial favors to their wantoks, which can lead to the sometimes-illegal redistribution of state resources.
Pyrethrum in Papua New Guinea
Pyrethrum produces a daisy-like flower that is used to make a natural insecticide. It grows best at high-altitude locations in the equatorial tropics, including in Papua New Guinea (PNG) and East Africa, and in some temperate-climate locations, such as Tasmania, Australia.
The active ingredient, pyrethrin, is extracted from dried pyrethrum flowers and used to make insecticides for household, agriculture, public health and food industry uses. These include aerosols, sprays, pet shampoo and mosquito coils. Pyrethrum is valued because it is highly effective at repelling or killing a broad range of insects, but is not toxic to mammals, including humans, and breaks down quickly in sunlight, leaving no residues.
Pyrethrum thrives at very high altitudes in the PNG highlands and flower production rises steeply with increasing altitude. Production of pyrethrum is weakly seasonal, being slightly higher in September–March and lower in April–August.
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Adoption and history
Pyrethrum plants were first introduced into PNG in 1938. A number of other introductions were made in the 1950s, with plants from Kenya in 1957 forming the basis for selection of planting material in PNG. Agronomic research commenced at Aiyura in Eastern Highlands Province in 1961, but it was quickly found that the station (1600 m altitude) was too low for pyrethrum production. A new research station was established in 1966 at Tambul in Western Highlands Province (2300 m) and the pyrethrum selection program was moved there. The current germplasm collection is maintained at the Taluma Research Station on the Sirunki Plateau in Enga Province.
A processing facility was established in 1964 by Stafford Allen Ltd (PNG) at Kagamuga near Mount Hagen in Western Highlands Province. The enterprise was not profitable and the Australian Administration purchased the facility in 1973 through the company Kagamuga Natural Products Pty Ltd. The factory operated for another 20 years, but closed in 1994. The plant has a capacity to process 420 tonnes of dried flower per year.
Distribution of production and planting
All crop production was done by villagers and pyrethrum was usually interplanted among sweet potato and other crops. The Department of Agriculture, Stock and Fisheries purchased dried flowers from growers. In the late 1960s production was encouraged in many places throughout the highlands, including the Lagaip, Kandep, Wabag and Wapenamanda areas of Enga Province; the Tambul area of Western Highlands Province; the
Nipa, Margarima, Ialibu and upper Mendi areas of Southern Highlands Province; the Kerowagi, Gumine and Gembogl areas of Simbu Province; and the Okapa, Henganofi and Lufa areas of Eastern Highlands Province.
Pyrethrum was initially grown by villagers at altitudes as low as 1800 m, but within a few years the producing areas shrank to a limited number of very high altitude locations where the crop was most productive. By the early 1970s much of the production was concentrated in the Laiagam area (Enga Province), with significant amounts also grown in the Tambul and Gembogl areas. In 1974 an estimated 22 300 villagers grew pyrethrum. By the late 1970s production was confined to a narrow very high altitude band, mostly in Enga Province (96–99%), and the high-altitude upper Nebilyer Valley in Western Highlands Province.
Levels of production
During the period 1965 to 1993, between 200 tonnes and 400 tonnes of dried flowers were purchased per year, with a peak of just under 600 tonnes in 1967. The volume of pyrethrum extract exported followed the pattern of flower purchases. The pyrethrum processing factory closed in 1994 and no flowers were purchased between 1995 and 1999.
In 1995, the Enga provincial government, concerned about the lack of cash-earning opportunities for villagers in high-altitude parts of the province, formed the Enga Pyrethrum Company to revive the industry. The company initially operated erratically but was revived in 1999 when the company took possession of the Kagamuga processing plant near Mount Hagen. Because pyrethrum was no longer being grown by villagers, it was necessary to multiply and distribute planting material again. This commenced in 1999 and dried flowers were purchased from 2000 onwards. In 2003–2006 the Enga Pyrethrum Company produced pyrethrum extract which it exported to the United States. The volume of exports has been small compared with volumes in the mid 1960s to early 1990s.
Processing, exporters and markets
One of the most important issues for regeneration of the PNG pyrethrum industry is to ensure that production takes place only at high altitudes (2400–2800 m) so that growers achieve the highest possible yields and the best returns on their labour.
Botanical Resources Australia Pty Ltd, a company based in Hobart, Australia, has signed an agreement with the Enga Government to import PNG’s pyrethrum extract from 2006 to 2008 with an option to extend this arrangement beyond 2008. This company is one of the largest pyrethrum producers in the world and has supplied about 40% of global natural pyrethrum products in recent years.
Enga Pyrethrum Company paid K1.50/kg for dried flowers in 2006 (K2/kg delivered to the Kagamuga factory). This was a much lower price in real terms than was paid in the past. For example, in 1989–1993, the price received by growers was K1.50/kg. However, the kina now has much less purchasing power than in the 1980s and early 1990s because of depreciation of the currency and inflation. At current prices, growers are receiving a gross payment of about K2 per day’s labour input. With such a low return to labour, production may not return to the levels experienced from the mid 1960s to the early 1990s. The PNG pyrethrum industry may become viable again but this will depend on improved productivity by the growers and the factory producing a reliable supply of good quality product for the export market.
Political Background of PNG National Election
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Early and Colonial History
Archaeological evidence of humans on the island of New Guinea has been dated to approximately 50,000 years ago. Spanish and Portuguese sailors sighted the land in the early 16th century. The Dutch claimed the western half of the island in 1828 as part of the Dutch East Indies. There was some limited foreign exploration of the eastern half of the island in the 19th century, and a few settlements made. In 1884, Germany annexed the northern parts and Britain proclaimed a protectorate over the southern parts, which were formally annexed by Britain in 1888 and became British New Guinea.
In 1906, Australia took over British New Guinea, renamed a year earlier as the Territory of Papua. The Australian army occupied German New Guinea during the First World War and in 1920 Australia received from the League of Nations a mandate for the government of New Guinea, as it was then called.
In 1942 the Japanese army occupied parts of New Guinea and Papua; the Australian military administered the rest. Papua New Guinea played a significant role in World War II history, as a frontline of allied defence against Japan’s push southward. Following the war, under the Papua and New Guinea Act of 1949, the two parts were united for administration as the Territory of Papua and New Guinea and put under United Nations International Trusteeship. The Act set up a legislative council, under an (Australian) Administrator, with a mix of elected and appointed members. Under the Papua and New Guinea Act of 1963, the council became a House of Assembly, with 64 members, ten of them nominated official members and 54 elected from throughout the Territory in 1964.
The House of Assembly established a Select Committee on Constitutional Development, and its recommendations were adopted in 1967. This resulted in the number of elected seats in the House being increased to 84 in elections in 1968. A new ministerial system was adopted and an Executive Council established. In 1971 a new Select Committee recommended that the Territory prepare for self-government. Elections were held in April 1972. The House then had 100 elected members, with an additional three appointed and four official members. Sir Michael Somare became Chief Minister of a coalition government. Self-government was granted at the end of 1973.
Post-Independence
Papua New Guinea achieved independence on 16 September 1975, becoming a sovereign constitutional monarchy with Queen Elizabeth II as Head of State, represented by a Papua New Guinean Governor-General, Sir John Guise. PNG adopted a five-year parliamentary term and Sir Michael Somare, the Prime Minister at independence and leader of the Papua New Guinea United Party (PANGU Pati), was returned to power at the 1977 election. A parliamentary defeat in 1980 led to his replacement as Prime Minister by Sir Julius Chan, leader of the People’s Progress Party (PPP). Chan served as Prime Minister until 1982 when, following a national election, the Parliament re-elected Somare (PANGU). In 1985, the Parliament again passed a vote of no confidence in Somare, and Paias Wingti, leader of the People’s Democratic Movement (PDM) was elected Prime Minister. Wingti (PDM) was re-elected Prime Minister following the 1987 national election, but was removed following a vote of no confidence in 1988. Sir Rabbie Namaliu, who had successfully challenged Somare for the leadership of PANGU, became Prime Minister. After the 1992 election, Wingti (PDM) won back the Prime Ministership.
At independence, PNG’s Constitution incorporated a six-month grace period after elections during which no-confidence motions were banned (s. 145(4)). The aim of the grace period was to allow government sufficient time to settle into office, develop and implement policies. Parliament amended this law in 1991 to extend the mandatory period between no-confidence motions to 18 months to increase political stability. In an attempt to extend his grace period by a second 18 months Wingti resigned in 1994 without notice and was almost immediately re-elected. PNG’s Supreme Court ruled the manoeuvre unconstitutional and Sir Julius Chan (PPP) successfully challenged Wingti for the Prime Ministership. Chan was forced to resign in March 1997 as a result of a political and military crisis arising from the Bougainville conflict. Cabinet appointed a caretaker government headed by the Minister for Mining and Petroleum, John Giheno (PPP).
At the election held in 1997, 16 ministers (including Chan) lost their seats and Sir William (Bill) Skate, leader of the People’s National Congress (PNC), was elected Prime Minister by Parliament after a month of negotiations as the head of a four-party coalition. Beset by corruption scandals and an acute financial crisis, by mid-1999 Skate lost the support of the majority in Parliament. He resigned as Prime Minister in July, shortly before Parliament started its new session, and Sir Mekere Morauta, then leader of PDM, was elected Prime Minister.
Under Sir Mekere Morauta’s leadership, Parliament passed the Organic Law on the Integrity of Political Parties and Candidates (OLIPPAC) in 2001 (amended in 2003), introducing legislative measures designed to address political instability. OLIPPAC instituted stringent party membership rules designed to make political parties stronger and governments more stable. Under OLIPPAC, members of Parliament (MP) were to be penalised if they switched parties, and had to vote in accordance with their party on matters relating to constitutional amendments, budget appropriations and motions of no confidence.
2002 National Election
The national election that took place in 2002 was chaotic and violent, and marked by widespread voting irregularities, inaccurate electoral rolls, voter manipulation and intimidation (including at times by electoral officials) hijacking of ballot boxes, and outbreaks of violence among rival candidates, their supporters and, in some instances, against polling officials, resulting in dozens of deaths. The Electoral Commissioner declared elections in six of the nine electorates in the Southern Highlands Province to have failed when officials were unable to retain control over the process. In Enga Province, ballot boxes held in a metal container outside a police station for safekeeping were bombed with drums of aviation fuel.
Following the election, Somare’s National Alliance Party (NA) won 19 of the declared seats. Somare once again became Prime Minister, heading a multiparty coalition. With the OLIPPAC in place, the 2002 Somare government became the first since independence to serve a full five-year term in office.
2007 National Election
The 2007 national election was the first held following the enactment of a series of electoral reforms, some of which had commenced under the Morauta Government in 2001 . Notably, these reforms included the replacement of the ‘first-past-the-post’ voting system with limited preferential voting (LPV). The decision to move to the LPV system was in response to calls for MPs to be elected with larger percentage of the vote and, in part, to reduce tensions associated with candidate movements during the campaign period.
Somare’s NA won 27 seats at the 2007 elections, and secured the agreement of a further 59 MPs to join his coalition. Somare was therefore duly re-elected as Prime Minister by Parliament.
In July 2010, PNG’s Supreme Court ruled that key elements of OLIPPAC were unconstitutional, including provisions that restricted MPs on votes relating to the election of (and vote of no confidence in) the Prime Minister, the budget, constitutional laws, and whether they wanted to remain within a political party or change allegiance.
2011-12 ‘Political Crisis’
In March 2011, Somare departed to Singapore for medical treatment, for what subsequently emerged as a serious health condition. His absence extended for several months. On 2 August 2011, amid increasing concerns that Somare would never be able to resume office, a parliamentary vote declared the office of prime minister to be vacant. Peter O’Neill, PNC party leader, was then elected Prime Minister.
Parliament’s actions were immediately challenged in the Supreme Court, spearheaded by the Somare-led NA. Upon his return from Singapore in September 2011, Somare joined this action. On 12 December 2011 the court ruled that the declared vacancy was unconstitutional, and therefore the subsequent election of Peter O’Neill as Prime Minister was invalid.
Parliament passed a law in response to the ruling to prevent a return by Somare as Prime Minister (notably by placing an age-limit on the eligibility requirements for the post). O’Neill remained in the position of Prime Minister, confirmed by a parliamentary vote, and continued to enjoy the support of the public service, police and other key agencies, although Somare attempted to appoint his own defence and police commanders.
On 26 January 2012, a small group of military officers briefly took up arms against O’Neill’s appointed Commander of the PNG Defence Force, claiming the authority of Somare as the lawful Prime Minister. The attempted mutiny was quickly and peacefully defused by police and military loyal to O’Neill.
Despite a period of political tumult, marked by proposed delays to the election and attempts to restrict the authority of the court, elections proceeded in accordance with PNG ‘s Constitution during June-July 2012.
2012 National Election
PNG’s 2012 national election took place between 23 June and 13 July 2012. Polling was marked with widespread delays, ranging from hours to several days in some locations, and the official date for polling to conclude, originally scheduled for 6 July, was extended by one week to enable teams to conclude polling. The writs, originally scheduled to be returned on 27 July, were returned on 2 August 2012.
In coastal areas, polling was peaceful and correct voting procedures were broadly followed, albeit with some variances. Polling was also largely peaceful in the Highlands, although there were some isolated instances of violence and security forces were deployed in large numbers, and serious irregularities were observed in the voting procedures. The accuracy of the electoral roll was a cause of concern to many voters, with reports that numerous voters were turned away in coastal and islands provinces. Voting proceeded in the Highlands, despite the abandonment of the electoral roll altogether in most parts.
O’Neill’s PNC party won 27 seats at the 2012 national election, and secured support from additional parties, including Somare’s NA, which had won 7 seats and independent MPs to form government. On 3 August 2012, Parliament elected O’Neill Prime Minister.