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

Papua New Guinea’s local airlines Air Niugini and PNG Air may be back flying again this weekend.

But passengers affected by the “no lift off” were incensed at the cancellations of their flights this week with calls by citizens that this should not happen again when many found themselves stranded at airports across the country.

Government finally intervened and with the release of foreign exchange by the Central Bank, aviation gasoline supplier Puma Energy has promised to fuel the planes.

All domestic flights were grounded on Thursday after Puma said it did not have the US dollars to buy and supply Avgas.

Prime Minister James Marape responded to the saga — in a statement after almost an entire day — by setting up a special team to meet Puma and sort out the mess.

“I will also set up a State team to look deeper into this saga between the Central Bank and Puma,” Marape said.

Many angry passengers called Prime Minister Marape and his government to intervene and address what is the second instance of flight cancellations due to fuel shortages following lack of foreign currency.

‘Sad reflection’ on economy
Simdei Kamgu, a passenger who was turned away, said the situation was a “sad reflection of the poor state of PNG’s economy” and urged Marape to come forward with a solution as the lives of thousands of domestic travelers across the country were affected by the indefinite flight cancellations.

Another disappointed customer, Andrew Bepi, who had spent more than K6000 on tickets for himself and five family members travelling to Western Highlands Province, appealed to the government to find solutions.

“Feel sorry for us the people, it is not our fault. We are traveling for business and other work and we need the government and airline operators to come out and explain to us why and how long the delay will go on for,” said Bepi.

People confirmed to fly domestic routes yesterday met with disappointment when they fronted up at airports only to find out that all flights were cancelled indefinitely.

However, by 4pm Thursday, Puma Energy country general manager Hulala Tokome confirmed that Puma Energy had lifted their fuel restrictions to Air Niugini and would supply Jet A1 to the airline after a temporary approval of their FX order were given to them by their FX supplier BSP Financial Group and ANZ.

Bank of PNG acting governor Benny Popoitai said BPNG supplied Foreign Exchange Currency (FX) to commercial banks and Puma Energy was not a client of BPNG but a client of commercial banks.

Orders from Central Bank
Despite this claim by the Central Bank, the Post-Courier understands that commercial banks get their orders of FX from the Central Bank and if the commercial banks cannot supply FX release to their clients, then this means that the Central Bank cannot or is holding back on FX orders put in by commercial banks on behalf of their clients.

In a public notice, Air Niugini advised that due to issues with Puma Energy accessing US dollars, Puma had decided to suspend the supply of Jet A1 fuel within PNG, including to Air Niugini and all other airlines effective yesterday.

Consequently, the national flag carrier announced the cancellation of all domestic flights starting on Thursday until restrictions were confirmed removed late in the afternoon.

This is the second time this incident has hit the nation within months and those stranded at the Jackson’s Airport in Port Moresby on Thursday demanded the government to urgently resolve the crippling issue of inaccessibility to foreign currency with some concerned it will continue to occur despite the short term reprieve.

Among those stranded were those who had flown in from other provinces on connecting flights, and are now worried about where they will be lodged for the night until the matter of fuel supply and foreign currency is resolved between BPNG and Puma Energy.

Claudia Tally and Maxine Kamus are PNG Post-Courier reporters. Republished with permission.

Article by AsiaPacificReport.nz

Air travellers were left stranded and fuming country-wide as airlines Air Niugini and PNG Air hit a rough patch in operations due to wet weather and a large number of their key staff falling sick and unable to be at work.

Flight cancellations were the order of the day yesterday at many airports with passenger backlogs and frustrations growing.

Air Niugini, especially, has had flight cancellations since last November.

The airline has issued an apology saying wet weather conditions and staff absenteeism had caused the situation.

In a media release, both airlines apologised for a number of flights in recent days which have been disrupted due to a much higher number of crew than usual falling sick, as well as the current bad weather conditions across the country impacting on the airlines’ operations.

Both airlines say they are doing everything they can to manage the situation, but will not compromise safety operations.

Stranded passengers had to rebook flights and spend extra money for accommodation and transport.

Backlog mostly tertiary students
Most on the backlog of passengers are tertiary students and parents who have been asked to rebook flights for four to five days as of last Wednesday.

While the airlines have not publicly stated if staff were infected with covid-19, reliable sources from within companies have informed the Post-Courier that a majority of those sick and absent from work were infected with the virus.

They included aircraft engineers, high-end ground staff, pilots, cabin crews and protocol staff.

One of the stranded passengers from Lae, former EMTV senior journalist Scott Waide took to social media to comment on the crisis, which attracted a lot of responses and complaints from passengers who were in a similar situation.

They describing the customer service by the airlines as poor.

Waide was asked to rebook his flight more than once and finally made it into Port Moresby late yesterday evening.

An unfortunate incident happened at Nadzab Airport in Lae yesterday when an airline staff member allegedly insulted a female passenger.

Staff member ‘tears up’ boarding passes
Josephine Kawage claimed the staff member tore up her and her child’s boarding passes.

Kawage said in a video recording that they had been stranded for four days and were finally put on the flight yesterday. However, the check-in officer was only able to produce two boarding passes for Kawage and her son.

She said that she was humiliated when she asked for the boarding passes for her other family members.

A disappointed husband, Captain Henry Nilkare from the North Coast Aviation, condemned the alleged actions of the airline staff member when he spoke to Post-Courier last night.

He said he would take the matter up with Air Niugini to have the officer penalised.

“I do work in the airline industry and understand the nature of his job at situations like this, but his actions were uncalled for and no passenger, or any woman with an infant, should be treated as such in front of many people,” he said.

“That is a bad image for Air Niugini and I do not wish to see this happen to any other passengers.

“If he can do this to my wife and child, who knows how many people he may have treated badly.”

Captain Nilkare said he would be flying to Lae himself to pick up his family today.

Melisha Yafoi is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz