22nd Australia Papua New Guinea Business Forum
16 May 2006
Law and Justice in Papua New Guinea
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The Hon Bire Kimisopa MP, PNG Minister for Justice
The Hon Alphonse Willie MP, PNG Minister for Internal Security
Firstly I want to acknowledge the traditional owners of the land, the Djabugai People. It is important to recognise their historical connection to the land on which we gather today.
It is very timely to be speaking about Law and Justice in Papua New Guinea. This week marks just over a year since the AFP ceased the Policing Component of the Enhanced Cooperation Program, a program developed to provide a framework for a partnership between Australia and Papua New Guinea to stabilise law and order.
It is also befitting to be standing here with the former and current Ministers for Internal Security to speak on Law and Justice as part of a business forum, because law and justice, and a stable security environment, are crucial to long term development and economic growth.
When I talk about the security environment, I am talking about the traditional components of good governance, a functioning judiciary system, a functioning police force and a functioning penal system.
But today’s security environment also incorporates broader social, political and business indicators.
There is fertile ground for transnational crime groups when there are fractures within the political, social and economic fabric of a society. These crime groups are increasingly operating in a business framework and are therefore able to exploit existing structures for criminal profit.
To this end transnational crime remains a significant threat in the Pacific. For example we have seen in recent years large scale production of illicit drugs in the region, but I’ll talk more about that later.
Scholars at the Australian National University have identified how transnational crime can adversely affect good governance, most notably through the misappropriation of Government revenues and the corruption of the organs of Government. 1
The terrorist events of September 11 and the Bali bombings also highlight the business cost of transnational crime, with the International Monetary Fund predicting a drop of $75 billion in the gross domestic product of the United States and of one percent in Indonesia respectively following the attacks.2
So while security has not traditionally been of great focus for business – the changing environment has now placed security issues at the core of business investment considerations.
Which may lead you to ask – what will the AFP do to help the Royal Papua New Guinea Constabulary (RPNGC) improve law and order in Papua New Guinea (PNG)?
The AFP has a long standing relationship with the RPNGC as well as other police agencies in the Pacific region. Since 1995 the AFP has maintained a police Liaison Office within the Australian High Commission in Port Moresby. Two police officers are currently attached to that office and working closely with the RPNGC. Their focus is on the exchange of criminal intelligence relating to transnational crime issues.
Further, the AFP has been instrumental in the establishment of the Pacific Transnational Crime Network. This network includes a Pacific Transnational Crime Coordination Centre (PTCCC) which has been established in Fiji. There are also five Transnational Crime Units operating in PNG, Fiji, Tonga, Samoa and Vanuatu. The PTCCC coordinates and value-adds to the criminal intelligence it receives from all Transnational Crime Units (TCU).
These units which target the pre-cursors of crime, are highly successful. As I mentioned before we have seen a trend towards the manufacture of illicit drugs in the region. In 2004 the Fiji TCU dismantled a large amphetamine laboratory in Suva that was capable of producing up to 500kgs of methamphetamine a week.
The AFP will continue to support the PNG TCU through its Liaison Office in Port Moresby to identify and dismantle transnational crime syndicates operating in PNG.
Furthermore, our ability to work collaboratively with other law enforcement agencies in the region is enhanced by our continued participation in forums such as the Pacific Islands Chiefs of Police meeting and ASEANPOL.
But it would be remiss of me in this company not to discuss the future Revised Policing Component of the ECP, and how the AFP looks forward to working alongside the RPNGC to build capacity and meet the law enforcement challenges of the future.
But first, let’s have a look at the achievements being made in Solomon Islands. RAMSI is a key example of providing long term solutions, and in some aspects the challenges for PNG is similar as for the Solomon's.
From an AFP perspective, recent events have highlighted what we already knew, that success on capacity building missions requires long term investment.
RAMSI has made significant progress toward the goals of its deployment since arriving in the Solomon Islands on 24 July 2003.
Examples of this success include law and order restoration through the provision of support staff for 17 provincial policing posts; in excess of 3700 weapons seized; over 7,000 arrests made for a wide range of offences including Murder, Attempted Murder and Corruption offences; and the arrest of 22 Solomon Island Ministers and Former Ministers and Officials to date for charges such as Corruption, False Pretences and Intimidation.
But if we are looking at capacity building, we must also look at the ‘human’ impact of our work.
During my visits to Solomon Islands in recent years I have seen first hand that Life in the Solomon Islands today is better than it was three years ago. Women are back on the streets, children are playing soccer and generally speaking people feel safe.
The emphasises the need for Australia to continue working to develop policies which tackle regional instability, such as those delivered in this years Aid White Paper.
The AFP has commissioned a study by the Australian National University titled ‘Policing the Neighbourhood’ which will measure our performance in capacity building in the Pacific and Asia regions such as the Solomon Islands, PNG and Timor Leste.
The reality is there are many lessons to be learned in capacity building.
It is an evolving concept and the most effective method of delivery is still to be determined. But the AFP has developed this more from a law enforcement perspective than any-one else, any-where else in the world.
Of course, like the Solomon Islands experience, any direct assistance to Papua New Guinea has to be as a partnership with the Government and the people of Papua New Guinea.
The law and order program needs be structured and delivered in accordance with the needs and wants of the people of PNG, and its objectives and functions need to be open and transparent to all.
It needs to be long term in nature, without being paternalistic, and robust enough to deal with issues which arise as part of the developing democratic processes.
Any law and order program cannot be undertaken in isolation and must occur in conjunction with the initiatives of the ECP in addressing the broader security, social, and economic framework.
A Police Review commissioned in 2005 by the then Minister for Internal Security, Bire Kimisopa MP, found the local constabulary were failing to meet the policing needs of the people of PNG. The review, which was wholly accepted by the PNG Government, identified that the RPNGC was suffering from a lack of leadership and stewardship from Government, a lack of leadership and management from within, had been starved of resources over a period of time, and in some areas had systemic failings which if untreated, threatened the entire organisation.
On this issue, The Lowy Institute 2005 Report Re-Imagining Papua New Guinea notes: “Of particular concern is evidence that criminal activity is becoming more organised, partly because of its increasingly transnational character. The ability of Papua New Guinea’s police force to address these issues is severely constrained by its limited resources. But, more worryingly, there is growing evidence of police complicity with criminals and of an increase in corruption at the higher levels.” 3
The reality is, no matter how much effort you put into capacity building, whilst corruption is fed and continues to exist, it stands as a major obstacle to capacity building and building institutions.
To the PNG Government’s credit, they have started to address these issues and the Government has consistently sought Australia's assistance, and has been a strong supporter of the ECP. The new Minister, Mr Alfonse Willie MP has expressed his support for the ECP and the return of the AFP in some form or another.
Therefore the overarching principle of the revised policing component of the ECP would be for us to assist in rebuilding the 'institution' of the RPNGC as recommended by the PNG Governments’ review.
This is no small task.
At a working level, the RPNGC of approximately 5000 members seeks to provide law and order to the second largest island nation in the world, consisting of approximately 800 tribal groups in some of the most inhospitable environments on the planet.
This is why any commitment by the AFP must be long term, targeted and strategic in nature.
This has always been our aim, as part of the original ECP, the AFP worked with the RPNGC in the critical areas of Human Resources, Finance and Logistics, as well as making strategic commitments to areas such as the Fraud and Anti Corruption Directorate and the Criminal Investigations Branch.
The AFP's commitment to the RPNGC was, and will be in any future deployment, a partnership in capacity building, with any contribution focussed on having the Constabulary provide the law and order environment the people of PNG want and expect.
If it is to succeed, it should be what the community needs and wants, and not what others may think it needs. This is the founding principle of our capacity building missions in the region.
Even though we were still in the implementation stage when we left PNG, in the short period of time the Policing Component of the ECP was deployed, it made a difference.
Successes included the enhanced professionalism and increased capacity of the RPNGC. This was accomplished through various means including refurbished stations, new uniforms and specialised training programs.
For example the selection of the first 100 of 400 new RPNGC recruits was nearly complete and additional refurbishment of the Bomana Police College was about to commence. In fact, if we had continued as planned, there would be 200 new local police on the streets of Papua New Guinea today.
But there were more than physical changes.
An independent AusAid funded survey Law and Justice Sector – Port Moresby Community Crime Survey, 2005 conducted in the initial stages of the ECP shows trends in confidence in the local constabulary were slowly improving (up 1 percent) and 76 per cent of respondents said that Australian Police had made a positive difference.4
The results of future surveys scheduled to examine the impact of the ECP on the business environment would have been instructive, however we do have anecdotal evidence which shows business also felt the impact of the removal of the AFP.
For example the owner of Boroko Food World spoke of an increase in trade of 30 to 60 per cent during the 6 months deployment. Consequently after Australian police withdraw from the ECP there were reports of a 30 per cent drop, due to people being afraid to travel on public transport with money or bought goods.
As I mentioned earlier, contributing to the changes were the people we put behind the ‘visible’ presence in areas such as finance, logistics, training and human resources.
These people were strategically placed to change systemic problems within the organisation and create a long-term platform for the constabulary’s management to begin to change the organisation.
There are still 40 senior public servants working in PNG to help improvement in the administration and delivery of governance and financial services.
In addition, in February this year, the two Governments agreed on a framework for AFP members to return to PNG in an advisory capacity, and we look forward to ongoing discussions about the future of the Revised Policing Component of the ECP.
We are doing this because Australia has a long term commitment to Papua New Guinea and the region.
The vulnerability for the security of the community caused by weak or failed states in our immediate region cannot be understated, and the consequences of walking away from security in the region are not worth contemplating.
The AFP stands ready to assist any country that invites us to help in this area with experienced trainers and specialised staff such as anti-corruption advisers.
I’d like to thank the Ministers attendance here today. It shows their commitment to finding a shared solution, and I commend them for wanting to come to the table.
I look forward to our countries’ law enforcement working closely together in the future so that every-one in the room can feel confident about investment in a secure country, and a secure region.
Thank you
1. Discussions with Dr Sinclair Dinnen, ANU, 3 March 2006
2. Jennings, Peter: Terrorism and Australian Business. Australian Strategic Policy Institute. February 2004, pg 2
3. The Lowy Institute Re-Imagining Papua New Guinea, 2005 pg 28
4. Justice Advisory Group Law and Justice Sector – Port Moresby Community Crime Survey. AusAid 2005 pg 52 & 53