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PNG rejects call to give Australians immunity

By Craig Skehan and agencies
June 4, 2004

Demands that Australian police be immune from prosecution while helping to restore law and order in Papua New Guinea have been described as a slur on the country's legal system.

The Foreign Minister, Rabbie Namaliu, yesterday made the criticism of Australia's stand on the eve of talks in Port Moresby with his Australian counterpart, Alexander Downer, today.

Discussions took place yesterday between senior officials of the two countries in an effort to make progress before Mr Downer's arrival.

The $800 million deployment of 230 Australian police and up to 70 officials has been delayed for months by arguments over sovereignty issues as well as internal manoeuvring in the PNG Parliament.

Police corruption and lack of resources have contributed to the inability of the local force to effectively tackle crimes ranging from rape and armed robberies to tribal violence.

The Australian police deployment is part of wider assistance measures, called the Enhanced Co-operation Program (ECP) - that is also aimed at improving the efficiency of the bureaucracy and courts.

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Canberra insists that Australian police and officials should be afforded protection from malicious prosecution, as happened with the deployment to the neighbouring Solomon Islands.

Australia has said that if its police were to be accused of offences they would have to face an Australian court unless otherwise mutually agreed.

There would be greater scope for Australian police to be dealt with by local courts if alleged offences in PNG were committed when Australian officers were not on duty.

Sir Rabbie told a Port Moresby meeting of businessmen and women yesterday: "The Australian Government has sought what amounts to complete immunity from prosecution for personnel engaged in the ECP."

There would be a resulting need for constitutional amendments that would erode the country's independence in relation to dealing with deployed foreign personnel, he said.

"Secondly, the proposals would have the effect, or at least the impression, of having two separate classes of policemen or policewomen doing the same work," Sir Rabbie said.

"Thirdly, there is an implication in the proposal that our legal system, and in particular the judiciary, is lacking in fairness, integrity or impartiality."

Some opposition politicians in PNG say the plan would be an insult to the nation's dignity, with one provincial politician accusing Australia of trying to "invade" his country.

As well as the 230 police, Australia wants to send to PNG 18 legal specialists and more than 35 economists and administrators as well as 10 personnel to be involved in border protection and transport security.

One of Canberra's concerns is that terrorists could target its interests in PNG or use the country as a base for attacks on Australia.

It is expected that any proposed compromise arrangements would have to be reconsidered by the respective governments before any final agreement was reached or the deployment abandoned.