Posted by PNG Today | | Posted in Pacific
“These two neighbours of ours (Australia and New Zealand), they are leading the PIF (Pacific Islands Forum) but the most important thing right now to PIF is climate change,” he told the Fiji Sun news paper
Bainimarama was responding an article published in the Sydney Morning Herald where China and other big green house emitters have challenged Australia over its climate change policies.
In the article China accused Australia of doing less to cut emissions than it is demanding of other developed countries and asked it to why this was fair.
“All the nations, all the countries in the Pacific worry about climate change than about anything else.
“But their (Australia and New Zealand policies are totally at extreme ends to the policies of the Pacific island nations. Then how can they represent us? Bainimarama asked.
Beijing also questioned whether the Abbott government's emissions reduction fund – the centrepiece of its direct action policy, under which the government will pay some emitters to make cuts – would be enough to make up for the axed carbon price and meet Australia's commitment of a minimum 5 per cent emissions cut below 2000 levels by 2020.
The questions have been lodged with the United Nations for Australia to answer in the lead-up to the December climate summit in Paris, where the world is supposed to sign a global deal to combat climate change.
It comes as Australia is facing questions in diplomatic circles for not sending a minister or its chief climate change negotiator to a meeting of the Major Economies Forum on Energy and Climate in Washington DC, starting on Sunday.
To be opened by US Secretary of State John Kerry, the forum is meant to bring together ministerial representatives from 17 major countries in a bid to accelerate work on a climate deal. Australia is being represented by environment department head Gordon de Brouwer.
In other questions posed to Australia through the UN:
*The US asked whether the emissions reduction fund was the main replacement for carbon pricing, or whether Australia planned to introduce other policies.
*Brazil accused Australia of having a "low level of ambition", and asked whether it would boost its target to cut emissions more quickly. It also said Australia had effectively reduced the pace at which it cut industrial emissions by expanding the number of agricultural programs included in its greenhouse accounting, summarising: "This kind of action seems to make the level of ambition lower, not higher."
*Both China and Brazil noted Australia's industrial emissions increased by more than 30 per cent between 1990 and this decade, and it was relying on accounting rules that reflected changes in emissions from the land to give it a chance to meet its targets.
* The European Union questioned whether the emissions reduction fund could deliver a 15 or 25 per cent cut by 2020 – targets Australia has said it would embrace if other countries did the equivalent.
Erwin Jackson, deputy chief executive of the Climate Institute and a long-time observer of climate negotiations, said the questions showed the international community saw Australia's commitments as “woefully inadequate” for it to do its fair share in meeting the agreed global target of keeping warming to within 2 degrees.
“This is the first salvo. If the government doesn't come forward with a credible post-2020 target these kind of criticism will continue and only increase as other countries accelerate and deepen their own action,” he said.
Australia has signalled it will announce its new climate target for beyond 2020 about the time of the Bonn meeting.
The Abbott government does not have a climate policy beyond 2020, and several local analysts have found it is unlikely to reach its 5 per cent target by 2020 as the direct action policy stands.
Bidding for the first round of funding to pay for emissions cuts from the $2.55 billion (US$1.99 billion) emissions reduction fund were held last week, with the results to be revealed in the coming days.
The questions are part of increased scrutiny over climate change commitments. Each developed country under goes multilateral questioning, with the expectation this will expand to all countries after the Paris summit.
Compared with most developed nations, the questions directed at Australia are notably and repeatedly forceful in challenging its emissions targets and the credibility of its domestic policy. Australia now emits more than every European country except Germany.
Australia is expected to submit written answers before its performance is assessed at a UN climate meeting in Germany in June.
The international scrutiny comes as the government is increasingly facing claims at home that it is not serious about climate change. A white paper on energy policy released earlier this month was heavily criticised by groups including the Energy Supply Association of Australia, representing power station owners, for almost completely ignoring the issue.
China, now the world's biggest emitter and with per capita emissions that have surpassed those in Europe, has also faced criticism that it is not doing enough to reduce its emissions while demanding more of others, and has been challenged over whether it should still be considered a developing economy.
Its commitment, announced last year, is to stop its emissions rising by 2030 at the latest, though it is yet to quantify this.
Jackson said analysts have found that China's actions to date were likely to deliver the biggest policy-driven cut in emissions ever seen.
It is the world's biggest investor in renewable energy, and has announced policies to build a clean energy system the size of the entire US electricity network in 15 years.
“China can do more, but is doing far more than Australia by a country mile at the moment,” he said.
“China is introducing carbon pricing while the Australian government tearing up legislation. China is increasing renewable energy targets while the Australian government is reducing it,” he said.
SOURCE: FIJI SUN
The Relay’s first stop was to Finalbin primary School, situated just below the rich copper and gold mine of OTML.
The 400 students sang the national anthem as they raised the flag and then passed the baton around to every child.
From there the Baton travelled around Tabubil on a town Relay organised with military precision and ending up with the usual chaotic enthusiasm that follows the Baton wherever it goes.
The Relay was started by new OTML chairman, Sir Moi Avei who passed the Baton on to representatives from across the community and the schools here in Tabubil.
Special guest runners of the Baton included the Team Papua New Guinea boxing squad who are in Tabubil doing high altitude training at the OTML gymnasium facilities for the next week.
They have become regular guests of the Games sponsor, OTML and hope this training leads to great success at the Pacific Games.
In what is now a regular occurrence, people lined the streets with banners of support for Team Papua New Guinea.
Banners read “You are not alone, You are, We are, PNG” and “These are the moments to remember and think about our athletes, heroes are born, legends will rise, this is our time, these are our games, go PNG”.
The relay heads up to Oksapmin and Nomad tomorrow and then back to Tabubil to visit the Ok tedi mine.
Photo credit: madNess Photography
Posted by PNG Today | | Posted in Letters
Part 2 - Criminal Code
So what is the Criminal Code?
Criminal Code also referred to as Criminal Code Act are criminal laws or prohibited offences "enacted" by Parliament (hence the term "Act") to preserve peace and good order in PNG. The code defines each criminal offence and imposed penalty for breaking them. The code is arranged in nine main parts which are further categorised into divisions and sections also referred to as provisions. There are over 628 different sections that make up the Criminal Code.
PNG Criminal Code originated from Queensland when PNG was still a territory of Australia. Following PNG's independence the Code was formally adopted by Parliament using its powers under the Constitution.
In accordance with Section 37(2) of Constitution nobody may be convicted of an offence that is not defined by, and the penalty for which is not prescribed by, a written law, except for contempt of court. Hence the need for the Criminal Code to define each criminal offence and their prescribed penalty. There are some 500 different criminal offences under the Code which are categorised in three main classes.
(1) simple offences
(2) misdemeanour's less serious criminal offices
(3) crimes (serious)
Simple offences - also referred to as summary offences are minor where the penalty is usually between 3-6 months but less than 12 months imprisonment or a fine. Simple offences are dealt with by District Court (lower court).
Misdemeanour offences - are considered more serious where the penalty is between 12 months to 3 years.
Crimes offences - are serious criminal offences, where the penalty exceeds three years and anywhere from 7 to 50 years, life or death depending on the nature of the crime and specific penalty prescribed by the code for that particular offence.
Misdemeanour and crimes are indictable offences and they must be prosecuted and tried or dealt with by the National Court. An indictable offence is considered serious where a person is liable to serve more than 1 year imprisonment so they must be tried in a higher court.
An example of a "crimes" offence defined under the code is as follows:
"Section 299. WILFUL MURDER."
"(1) Subject to the succeeding provisions of this Code , a person who unlawfully kills another person, intending to cause his death or that of some other person, is guilty of wilful murder."
"(2) A person who commits wilful murder shall be liable to be sentenced to death."
The provision (section) clearly defines the meaning of the offence followed by the penalty. The definition of a crime is also referred to as elements of the offence.
What are elements of an Offence?
Elements are key parts that define a criminal offence. In the example of Wilful Murder the key elements are:
(1) a person
(2) unlawfully kills
(3) another person
(4) intending to cause death
To find a person guilty of a particular offence the evidence must prove every element of the crime. Failing to prove just one element would result in the prosecution failing to prove the person is guilty.
Example, if a person is charged for wilful murder under section 299 of Criminal Code but during the trial the evidence confirmed it was actually accidental then the charge against him would fail because element (4) states it must be intentional, in that he intended to cause death. Thus he is actually guilty of manslaughter (accidental murder) and not wilful murder and should have been charged for Manslaughter under Section 302 of Criminal Code and not Wilful Murder under Section 299.
In this case the Court would acquit him (pronounce him not guilty) of the charge of wilful murder. Police would then have to charge him with "Manslaughter" starting the process all over again. This is an example where the technicalities of law come into play. Hence why Police must first ensure they charge the Accused for the correct offence. They must also ensure they produce evidence that supports each and every element of the offence.
An example of a Misdemeanour offence is:
"Section 74. CHALLENGE TO FIGHT A DUEL"
"A person who–
(a) challenges another; or
(b) attempts to provoke another; or
(c) attempts to provoke any person to challenge another,"
"to fight a duel, is guilty of a misdemeanour. Penalty: Imprisonment for a term not exceeding three years."
Why does the penalty state imprisonment for a term not exceeding three years?
This is the same as stating the penalty maybe any amount but shall not exceed 3 years. Penalties are prescribed by law taking into consideration the nature of the crime, the principle being the more serious the crime the higher the penalty. Courts do not have the power to decide on a penalty that is not prescribed by law. Parliament passes or amends legislation determining the appropriate penalties. The Courts only have the power on imposing it whether at the maximum or a reduced term allowed.
The reason behind why the law does not state a specific imprisonment term but rather states it must not exceed a prescribed term is because not every case is the same. In some cases the person although guilty had justified reasons or different circumstances why he committed the offence therefore although he is guilty it would be unjust to sentence him at the maximum penalty allowed. In other cases a person may be completely at fault without any excuse or remorse (regret) and therefore it would be just for the Judge to sentence him to the maximum term. Thus the Judge has the discretion to decide on the penalty provided it does not exceed the imposed term in the example above being 3 years. When imposing a penalty or prison term the Judge must always take into consideration the circumstances of each case.
In the example Paul Tiensten, Francis Potape and Havilo Kavo all three Members of Parliament were found guilty of Misappropriation, a serious crime. The penalty for which is imprisonment for a term not exceeding 10 years. Tiensten was sentenced to 9 years just short of the maximum while Potape and Kavo were sentenced to prison for 2.5 and 1.5 years respectively. Deputy Chief Justice Sir Salika when sentencing Tiensten took into account the the amount of funds misapplied (K10m) and his high position of trust he held as elected Member of Parliament . The Judge pointed out that previous cases of Members of Parliament who were charged and convicted of misappropriation the amounts were less than K150,000 and they received a prison term upto 5 year. So it would be unjust to sentence Tiensten to a equal term when he was found guilty of misappropriating K10m. Potapte and Kavo were found guilty of misappropriating K330,000 and K131,338 respectively. Their original sentence was 5 and 3 years but after they repaid the funds their sentence was reduced by half.
In 2013 Parliament made amendments to the Criminal Code where if a person is found guilty of misappropriating between K1 million and K10m will now be sentenced to 50 years without parole. Where the amount is more than K10m the penalty will be life imprisonment without parole. The new penalties only apply to any person who misappropriates K1 million after the new amendments came into effect and not before. Hence although Tiensten was convicted in 2014 he misapplied the funds in 2009.
So who does the Criminal Code apply to?
The criminal code applies to any and every person who commits or is suspected of committing a criminal offence under the Code, from the Prime Minister. Governor General, down to the villager including non-citizens (foreigners). This even includes those who are in charge of enforcing the law, Judges, Police Public Prosecutor and Chief Ombudsman.
The only persons who are exempt from criminal code are those who have diplomatic immunity (foreign government officials) who are protected under Diplomatic & Consular Privileges and Immunities Act or International Organisation (Privileges and Immunities ) Act. It is part of international law that protects foreign diplomats from being subject to a country's domestic laws. PNG diplomats share the same privileges in other countries.
Who is in charge of enforcing the Criminal Code?
Criminal Code is enforced or supervised by PNG Royal Constabulary (PNGRC) or Police Force. Members of the Force are responsible to investigate any complaint filed by any person or initiate their own investigation into any alleged breach of the laws under the Criminal Code. They have constitutional powers to lay, prosecute or withdraw charges against any person in respect of criminal offences and are not subject to direction or control by any person outside the Force.
Supreme Court recently ruled the Commissioner of Police has authority to issue directions to other members of the Police Force regarding the conduct of criminal investigations, including applying for arrest and search warrants, laying charges, and presenting information before the Court.
PNGRC is part of the Law and Justice Sector of the Government. Its headquarters is in Port Moresby and the total members of Police Force nationwide is around 6,000+
The head of Constabulary is Commissioner of Police followed by two Deputy Commissioner of Police (DCP), Operations and Administration. All three positions are appointed by Government (NEC) chaired by Prime Minister.
Under DCP Operations there are six Assistant Commissioners of Police (ACP). Four in charge of the four regions, Momase, Highlands, Southern, New Guinea Islands, fifth in charge of NCD & Central and six ACP Operations. Under ACP Operations there are 7 Directorates or Directors responsible for:
(1) Special Services Division - (SSD) mobile squads, Air Bourne Unit.
(3) Crimes (Crimes Investigation Division)
(5) Dogs Unit
(6) Police Prosecutions
(7) Auxiliary (Reservist) Police.
The Deputy Commissioner of Police (Administration) is responsible for finance and administrative support functions of the Police Force.
So how are criminal investigations carried out by Police?
A complaint is reported to Police at any Police Station. An officer on duty will register it in the Occurrence Book (OB). Every complaint made is registered and assigned a specific OB number. The officer will write a brief paragraph of the nature of the complaint, the alleged offence, location, time, who was involved or a witness to it. Police will then interview the person who filed the complaint referred to as "Complainant" to establish whether his/her complaint is genuine. Depending on the nature of the offence the officer may refer the case to a specific Crimes Division. Example Serious Crimes, Sexual Violence Unit, and Fraud or General Duties.
The Officer in Charge (OIC) of the Crime Division or Crimes Investigation Division (CID) will be briefed of the complaint and will assign an officer to carry-out investigations, interview witnesses, collect evidence to establish probable cause to justify making an arrest. The alleged offender or Accused is then tracked down, arrested and brought to the Police Station to be interviewed before being formally charged. Every person arrested or detained by Police has Constitutional rights.
So what are the Constitutional Rights of a person Arrested by Police?
Section 42(2) of Constitution states that a person who is arrested or detained–
(a) shall be informed promptly, in a language that he understands, of the reasons for his arrest or detention and of any charge against him; and
(b) shall be permitted whenever practicable to communicate without delay and in private with a member of his family or a personal friend, and with a lawyer of his choice (including the Public Solicitor if he is entitled to legal aid); and
(c) shall be given adequate opportunity to give instructions to a lawyer of his choice in the place in which he is detained, and shall be informed immediately on his arrest or detention of his rights under this subsection.
If you are ever arrested by Police you have a constitutional right to make a phone call in private to contact a family member, friend or your lawyer to inform them of your arrest. If Police were to arrest and charge you without informing you or denying you your rights then your arrest and charges against you may be deemed illegal and thrown out by the Courts.
It is advisable you contact a person to go down to the Police Station to witness your formal interview by Police. Having a person act as a witness ensures that if your rights are breached, or you were intimidated, forced or inducted to answer questions then you have a witness to support your side of the story. The Investigating Officer will also ensure he/she has a fellow officer or colleague to act as a witness to protect him against false allegations that he didn't follow the proper process.
The purpose of formal interview is for Police to give you the opportunity to give your side of the story before formally charging you of the alleged crime. It is similar to right to be heard by Ombudsman Commission (OC).
It's important to understand just like the OC if you are called in for an interview to answer to the allegations against you it usually means they have already collected sufficient evidence to believe you are guilty of the crime.
Before conducting a formal interview Police will first ask if you speak English. If you don't they must arrange for an interpreter to ensure you are aware of the reasons of your arrest and understand the questions being asked of you, required by Section 42(2)(a) of Constitution.
Officer will commence the interview recording the time it started before asking specific questions, your name, age, marital status, birth place, residential address, occupation, employer etc. He will then ask you specific questions in relation to allegations against you. Where were you at the time of alleged offence? What were you doing there? etc.
If you know you are innocent of the allegations then you will be inclined to co-operate by answering the questions. However it is always advisable to exercise your constitutional right not to answer or say anything. You may answer the questions by stating you wish to say nothing reserving your right to remain silent.
Not answering questions doesn't make you guilty it just makes you smart and safe from someone using your words against you. It's important to understand the investigating officer's objective is to charge you for the alleged offence and based on the findings of his investigation secure your conviction in a court of law, while your objective is to prove your innocence. If you are innocent answering questions during your interview will not determine it but rather only the evidence produced in Court.
Once the Officer has completed asking you questions in relation to the allegations he will then place his hand over your right hand to formally charge you stating the criminal offence and section under the Criminal Code you have been charged with and ask you to confirm you understand.
He will then type up all the questions asked during the interview including your response. A copy will be provided to you to read through, you will be asked if you wish to make any changes or corrections. Once completed everybody involved in the interview will sign it. The officer will then prepare charge sheet and statement of facts before locking you up in the Police Cells.
Part 3 will cover Bail, Arraignment and Committal Hearing before District Court.
Posted by PNG Today | | Posted in Entertainment
Lamana Gold Club was so packed with fans coming to catch their favourite artist live in performance and as well as receiving awards.
The show was spectacular with Anslom and Daniel Bilip topping the list of awards with 3 awards respectively.
Daniel Bilip’s Pambkowe song was recognized for chart consistency and his album Pogera Baby awarded as the album of the year and he also took out the rookie of the year. Anslom took out the male artist of the year and listener’s choice artist of the year and his song can’t lie was recognized as the song of the year.
The longest Charting song was awarded to Ricky Kali for his Meri Manus song, Best Duet of the year was awarded to Uralom Kania and Patti Potts Doi, Best Collaboration of the year was presented to Sibela band, South Pacific Artist of the year was awarded to Jagarizza & Yung Yanny, Stagajah took out the Newest Group of the year and listeners choice group of the year.
Sharon Geli being the only female artist hitting air waves in 2014 was awarded the Female Artist of the year, Choke Band got the group of the year and the Song of the year went to Jokema for their Jix Ambe song.
As being the founder for the Yumi FM PNG Music Awards back in 2004, late Justin Kili or JK as known by many was also remembered during the night with a 1 minute silence given to him remembering him for his work in the music industry.
Late Justin Kili’s wife was there to present the Justin Kili’s Tribute Awards.
Late Justin Kili’s Hall of Fame award was awarded to Patti Potts Doi and Justin Kili’s Life Time Achievement award was given to Legendry singer Tom Lari.
Tom Lari when receiving the award said he was very honoured to have received an award after 20 years and grateful to be awarded in honour of his favourite announcer.
“I’ve never met the late Justin Kili but I’m very familiar with his voice and he has always been one of my favourite announcers and I’m very proud of his work in the music industry, without late JK, I don’t think I’ll be standing here receiving this award”
“I thank PNG FM the mother company for Yumi FM for recognising us and for promoting our music”
Tom Lari said, alot has changed in the music industry and he’s proud to see alot of young talents coming up.
“To the young musicians that are performing tonight, I’m passing the baton to you and I want you to take music in PNG to a new level and make it better as time goes on” said Tom Lari.
Posted by PNG Today | | Posted in Education
Ward strip Primary School in the Nation’s Capital is one of the schools that received their funds last Friday but the head mistress; Mrs Emily Ricky says the funds given are not enough to cater for 3000 students of Ward Strip Primary plus administrative expenses.
“The fee for each student is K279 and I have over 3000 students in my school which is why Ward Strip Primary should receive over K600, 000 to cater for this much student and also to pay the ancillary staff”
“We only received about K150, 000 for the first batch payment and we are shortfall of about K400, 000 and that is some big outstanding payment right there, which I have to look for some ways to make up for that” said Mrs Ricky.
She said, a lot of schools are facing the same issue with shortfall of funds and it’s a burden to the schools.
“The government shouldn’t look at the level of school but look at the number of students in each school and allocate funds according to that” said Mrs Emily Ricky. PNGFM
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Posted by PNG Today | April 19, 2015 | Posted in International News
“A part of boosting productivity is making the most of human resources which therefore is also good for greater inclusion,” says Vinod Thomas, director general of Independent Evaluation. “Another part is relying on more high yielding public investments which is good for environmental sustainability and climate friendliness as well.”
The Annual Evaluation Review 2015 notes that in recent years in Asia and elsewhere, growth in overall productivity has slowed, particularly since the 2008 global financial crisis. As a result there is need for both countries and ADB to be more strategic in getting the most from their investments.
“An improvement in productivity of physical investments by just two-tenths of one percent in Asia is like adding $10 billion to those investments,” says Mr. Thomas.
The report notes that expansion in one area of overall productivity—output per worker—has slowed in recent years in Asia, including in the three largest economies: the People’s Republic of China (PRC), India, and Indonesia and this could have a negative spillover effect elsewhere in the region. As the PRC rebalances its economy in favor of consumption over investment, productivity needs to become a bigger driver of growth.
“Stronger results have to be wrung from investments in physical, human, and natural resources through efficiency and sustainability gains,” said the study’s principal author Walter Kolkma. “Human development is critical for raising productivity and this means aggressive commitments to education, training and healthcare.”
The report further notes that ADB has seen improvements in development returns from its operations, with the success rate of completed ADB-supported projects during 2012–2014 rising to 72%. At the same time, continued attention to project design, sound safeguards, due diligence, and supervision, will help improve outcomes.
Multilateral development banks can help strengthen the pace and quality of growth. Infrastructure finance would get a boost from the Asian Infrastructure Investment Bank and the New Development Bank of BRICS nations. The challenge is to link infrastructure investment to inclusive growth objectives and climate change. The latter has become an urgent priority given the acute vulnerability to the rise in extreme weather events in Asia and the Pacific. This change is illustrated most recently by the devastation caused by Cyclone Pam in Vanuatu, and earlier by super typhoon Haiyan that hit the Philippines in 2013, the 2011 floods in Australia and Thailand and recurring ones in China and India.
The report notes that ADB is in an excellent position to help countries put in place infrastructure incorporating both climate change resilience and inclusion of lower income strata in the growth process. Such an agenda would dovetail with the planned combination of its concessional Asian Development Fund lending operations and ordinary capital resources balance sheet. This will allow ADB to increase its annual financing commitments to countries to up to $20 billion, and if leveraged one to one with cofinancing, up to $40 billion.
Says Thomas: “ADB is uniquely placed to scale up its program in Asia. In part, it can raise the returns to the projects it finances with continued improvements in their design and delivery. The far bigger shift would be that ADB’s infrastructure strategy, along with the region’s, targets the growing income inequality and the reality of runaway climate change.
To read the evaluation report, visit http://www.adb.org/documents/2015-annual-evaluation-review and download the main report.
About Independent Evaluation at the Asian Development Bank Asian Development Bank's Independent Evaluation, reporting to the Board of Directors through the Development Effectiveness Committee, contributes to development effectiveness by providing feedback on ADB's policies, strategies, operations, and special concerns in Asia and the Pacific.
Hans van Rijn
Independent Evaluation Department
Telephone: +63 2 632 5642