Former Papua New Guinean prime minister Peter O’Neill says the controversial US-PNG Defence Cooperation Agreement threatens the country’s sovereignty.

He said the agreement negotiation was started in 2016 by his government but it was different in content from the one signed with the US.

O’Neill said the agreement encroached into sovereignty of Papua New Guinea, particularly Article 3 of the Agreement that relates to giving immunity to US military personnel.

He said this section stated that PNG was conceding its jurisdiction over to the visiting forces and it further stated that the US forces would have exclusive rights over criminal jurisdictions against US military personnel.

“Bear in mind the Australian ECP that was challenged by the Morobe Governor Luther Wenge and the Supreme Court nullified the agreement and this agreement is similar in nature.

“By when we are adopting in this Parliament, we are conceding our jurisdiction over to the US government so we just need to be careful about what we are saying.

“Additionally [the] agreement says that the US government has exclusive rights to exercise civil and administrative jurisdiction over the US personnel for all their acts while on duty.

Notification of arrest
“Any act done outside of duty will come under PNG jurisdiction but PNG authorities will immediately notify the US authorities, and properly transfer the personnel over to the US authorities, that the US authorities will be notified of the detention or arrest and that their properties will be inviolable.

“This is not in line with the provisions of our Constitution. That was tested by the Wenge challenge so I think Parliament and government need to take heed of this,” he said.

O’Neill said Paragraph 4 stated that US personnel would have the authority to impose discipline measures in the territory of PNG in accordance with US laws and regulations.

He said Manus, Jackson International Airport, Nazab Airport, Lae Port, Lombrum, and Momote Airport were areas the US would have “unlimited access” to and control over these facilities and areas.

“This is what we have agreed to and they will not pay one single toea and, according to Article 5 Paragraph 2, these properties will be given access without rental and charges to the US.

“And further on Article 6, US forces can position their equipment, their personnel, supplies and materials at any of these places.”

O’Neill said that when talking about “ownership” of infrastructure, nothing would be fixed to the ground and they would remove them and go away with them.

Exempt from all fees
He said the agreement, according to Article 9 paragraph 2, said that all the people that would come to PNG (US military personnel and contractors) would be exempted from all other immigration requirements — including payment of fees, taxes and duties — for entry or exiting the country.

He said that under Article 12 Paragraph 4, the US personnel would be exempted from paying taxes, including on income, salary and emoluments.

“So there will be no revenues from salary and wages tax and in Paragraph 5 [it] states that includes their contractors [that] they engaged [who] will be also exempted,” O’Neill said.

“I can’t see any agreement about training of our personnel, I can’t see any of our personnel being engaged with the US Army and I can’t see any specific investment in the infrastructure in the country.

“So what are we doing this agreement for?

“There is no specifics of what benefit is coming as it is not mentioned in the agreement.

“In the Ship Rider Agreement, we are giving almost exclusive rights to our waters. Therefore we need to be careful.

“I know our lawyers are having a look at it, and probably see [if] that it is in compliance with our Constitution, but I think there needs to be further clarity into this agreement,” he said.

Jeffrey Elapa is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz

Two Pacific nations considered by Washington as crucial in its competition with China for influence in the region have agreed to 20-year extensions of funding arrangements as part of security and defence treaties.

The Federated States of Micronesia signed off on a nearly-final Compact of Free Association on Monday with US Presidential Envoy Joseph Yun, followed by Palau on Wednesday.

Both documents are expected to be formally signed later this month, ending two years of negotiations.

However, the Marshall Islands, the third North Pacific nation with a Compact, is unlikely to sign primarily because of outstanding issues surrounding the US nuclear testing legacy in the country.

The FSM will reportedly receive US$3.3 billion and Palau US$760 million over the 20-year life of the new funding agreements, according to US officials.

Yun was due to visit the Marshall Islands capital Majuro this week to discuss the situation further.

But the situation in the Marshall Islands appeared murkier than ever.

“The RMI (Republic of the Marshall Islands) looks forward to reaching an agreement soon with the US,” Marshall Islands Chief Negotiator and Foreign Minister Kitlang Kabua said on Wednesday.

Doubtful over new Compact
It is unclear at this stage when the two governments will reach agreement on a new 20-year deal, despite Kabua and Yun having initialled a memorandum of understanding in January that spelled out the amounts of funding to be provided to RMI over 20 years.

That would bring in US$1.5 billion and an additional US$700 million related to the nuclear weapons test legacy.

Yun acknowledged the situation with the Marshall Islands telling Reuters it was “doubtful” that the US and Marshall Islands would sign off on the Compact before he departs from Majuro this weekend.

At least one member of the Marshall Islands Compact Negotiation Committee said he was in the dark as to next steps.

“I really have no idea what is the game plan here,” he said.

In a widely-circulated email on the eve of Yun’s visit, Arno Nitijela (parliament) member Mike Halferty said there had been no involvement of the atoll of Arno and the majority of islands in the nation in developing the Compact.

“There is no report on the Compact negotiations for us to understand the situation,” he said. He objected to the exclusion of Arno and other islands from participation, saying the people of Arno are Marshallese like the people involved in the talks with the US.

‘Let people decide own fate’
“If we are truly a democracy, we should have had (a vote on Compact Two) and should now let the people vote to decide their own fate,” he said.

Reuters cited an unnamed “senior US official” who said the discussion between the US and RMI “is no longer about the amount of money but … about how the money will be structured and how it will be spent and what issues it will cover.”

Kitlang Kabua’s comments to the Marshall Islands Journal tended to confirm this analysis: “The RMI has matters tabled in the negotiations that are unique to our bilateral relationship with the US.

“These matters include the nuclear legacy, the communities affected by the US military operations and presence in-country, and the existential threat of climate change,” she said.

“We are also keen on strengthening processes to facilitate the RMI working jointly with the US, without jeopardising accountability and transparency, to utilise resources for areas of priorities as deemed by the RMI government’s strategic plan and other planning documents for the future.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz