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 yesterday intialled a defence cooperation agreement with the United States amid day-long protests against the signing by university students and opposition MPs.

The agreement was signed by PNG Defence Minister Win Daki and US Secretary of State Antony Blinken.

A statement by the US State Department said the signing, when it comes into force, “will serve as a foundational framework upon which our two countries can enhance security cooperation and further strengthen our bilateral relationship, improve the capacity of the PNG Defence Force and increase stability and security in the region”.

The US will publish the contents of the document when it enters into force as provided by US law, the statement declared.

Protests and demonstrations were held at four universities — the University of Papua New Guinea, University of Technology in Lae, Divine Word University in Madang and at the University of Goroka.

The UPNG protests spilled out on the streets last night stopping traffic.

Opposition Leader Joseph Lelang cautioned the government not to “sacrifice Papua New Guinea’s sovereignty” in the haste to sign international agreements with other nations, whatever the motivation.

In ‘crosshairs of China’
Former prime minister Peter O’Neill said the government was putting the country squarely in the “crosshairs of China and the United States” in their struggle for geopolitical supremacy in the region.

The US government will work with Congress to provide more than US$45 million (about K159 million, or NZ$72 million) in new programming as PNG and the US enter a new era as “partners for peace and prosperity in the region”.

The US will provide an additional US$10 million (about K35.3 million) to implement the strategy to “prevent conflict and promote stability” in PNG, bringing total planned funding to US$30 million (about K106 million) over three years.

Blinken and PNG Prime Minister Marape also signed a comprehensive bilateral agreement to counter illicit transnational maritime activity through joint at-sea operations, the US statement revealed.

“This agreement will enable the US Coast Guard’s ship-rider programme to partner with and enhance PNG’s maritime governance capacity.

Marape said before the signing that the agreement would not encroach on the country’s sovereignty.

“The US and PNG have a long history, with shared experiences and this will be a continuation of that same path.

Generic SOFA in 1989
“PNG signed a generic SOFA [status of forces] agreement with other countries in 1989 and today with the signing of the defence cooperation and the maritime cooperation (ship-rider agreement) it will only elevate the SOFA.

“And this cooperation will help build the country’s defence capacity and capabilities and also address issues such as illegal fishing, logging and drug smuggling in PNG waters.”

Blinken said the agreement would help PNG mitigate the effects of climate change, tackle transnational crime and improve public health.

“We are proud to partner with PNG, driving economic opportunities and are committed to all aspects of the defence and maritime cooperation,” he said.

Republished with permission.

Story: US and PNG strike new defence pact https://t.co/dfGDTCd52j

— Stephen Dziedzic (@stephendziedzic) May 22, 2023

Article by AsiaPacificReport.nz

Papua New Guinea Prime Minister James Marape says the increased United States security involvement in Papua New Guinea is driven primarily by the need to build up the Papua New Guinea Defence Force and not US-China geopolitics.

Last night, despite calls for more public consultation, the US Secretary of State Antony Blinken and Papua New Guinea’s Minister for Defence, Win Bakri Daki, penned the Bilateral Defence Cooperation and Shiprider agreements at APEC house in Port Moresby.

Prime Minister Marape said the milestone agreements were “important for the continued partnership of Papua New Guinea and the United states.”

“It’s mutually beneficial, it secures our national interests,” he said.

He said the penning of the new defence pact elevated prior security arrangements with the US under the 1989 Status of Forces Agreement.

Despite public criticism, Marape maintains the agreements are constitutional and will benefit PNG.

He said it had taken “many, many months and weeks” and passed through legal experts to reach this point.

The Shiprider agreement will act as a vital mechanism to tackle illegal fishing and drug trafficking alongside the US, which is a big issue that PNG faces in its waters, Marape said.

“I have a lot of illegal shipping engagements in the waters of Papua New Guinea, unregulated, unmonitored transactions take place, including drug trafficking,” he said

“This new Shiprider agreement now gives Papua New Guinea’s shipping authority, the Defence Force and Navy ‘full knowledge’ of what is happening in waters, something PNG has not had since 1975 [at independence],” Marape said.

Secretary of State Antony Blinken echoed those sentiments and stressed that the US was committing to the growing of all aspects of the relationship.

“Papua New Guinea is playing a critical role in shaping our future,” Blinken told the media.

He said the defence pact was drafted by both nations as “equal and sovereign partners”.

It was set to enhance PNG’s Defence Force capabilities, making it easy for both forces to train together.

He too stressed the US would be transparent.

For all their reassurances, both leaders steered clear of any mention of US troop deployments in PNG despite Marape having alluded to it in the lead up to the signing.

Reactions to the security pact
Although celebrated by the governments of the US and PNG as milestone security agreements the lead up to the signings was marked by a day of university student protests across the country calling for greater transparency from the PNG government around the defence pact.

The students’ president at the University of Technology in Lae, Kenzie Walipi, had called for the government to explain exactly what was in the deal ahead of the signing.

“If such an agreement is going to affect us in any way, we have to be made aware,” Walipi said.

Just before the pen hit the paper last night, Marape again sought to reassure the public.

“This signing in no way, state or form terminates us from relating to other defence cooperations we have or other defence relationships or bilateral relationships that we have,” Marape said.

He added “this is a two-way highway”.

Students at the University of Papua New Guinea ended a forum late last night and blocked off the main entrance to the campus as Prime Minister Marape and State Secretary Blinken signed the Defence Cooperation agreement.

They are maintaining a call for transparency and for a proper debate on the decision.

Hours before the signing, they presented a petition to the Planning Minister, Renbo Paita, who received their demands on behalf of the Prime Minister.

Students at the University of Technology in Lae met late into the night. Students posted live videos on Facebook of the forum as the signing happened in Port Moresby.

The potential impact of the agreements signed in Port Moresby overnight on Papua New Guinea and the Pacific will become more apparent once the full texts are made available online as promised by both the United States and Papua New Guinea.

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

Extending my heartfelt thanks to Prime Minister Marape and the people of Papua New Guinea for hosting me. I am grateful to have met with Pacific Islands leaders and to demonstrate our commitment to working together with our Pacific neighbors to address our shared challenges. pic.twitter.com/mpVCnIGDAT

— Secretary Antony Blinken (@SecBlinken) May 22, 2023

Article by AsiaPacificReport.nz

When I was growing up in Kiribati, then known as the Gilbert Islands, New Zealand divers came to safely detonate unexploded munitions from World War II.

Decades on from when US Marines fought and won the Battle of Tarawa against Japan, war was still very much a part of everyday life.

Our school bell was a bombshell. We’d find bullet casings.

In fact, my grandmother’s leg was badly injured when she lit a fire on the beach, and an unexploded ordnance went off. There are Japanese bunkers and US machine gun mounts along the Betio shoreline, and bones are still being found — even today.

Stories are told . . . so many people died . . . these things are not forgotten.

That’s why the security and defence pacts being drawn up around the Pacific are worrying much of the region, as the US and Australia partner up to counter China’s growing influence.

You only have to read Australia’s Defence Strategic Review 2023 to see they are preparing for conflict.

The battle is climate change which is impacting their everyday life. The bigger powers will most certainly go through the motions of at least hearing their voices.

— Barbara Dreaver

Secret pact changed landscape
While in the last few years we have seen China put big money into the Pacific, it was primarily about diplomatic weight and ensuring Taiwan wasn’t recognised. But the secret security pact with the Solomon Islands changed the landscape dramatically.

There was a point where it stopped being about just aid and influence — and openly started to become much more serious.

Since then, the escalation has been rapid as the US and Australia have amped up their activities — and other state actors have as well.

In some cases, lobbying and negotiating have been covertly aggressive. Many Pacific countries are concerned about the militarisation of the region — and whether we like it or not, that’s where it’s headed.

Tuvalu’s Foreign Minister Simon Kofe said he understands why his country, which sits between Hawai’i and Australia, is of strategic interest to the superpowers.

Worried about militarisation, he admits they are coming under pressure from all sides — not just China but the West as well.

“In World War II, the war came to the Pacific even though we played no part at all in the conflict, and we became victims of a war that was not of our making,” he said.

Important Pacific doesn’t forget
“So it’s important for the Pacific not to forget that experience now we are seeing things that are happening in this part of the world, and it’s best we are prepared for that situation.”

Academic Dr Anna Powles, a long-time Pacific specialist, said she was very concerned at the situation, which was a “slippery slope” to militarisation.

She said Pacific capitals were being flooded with officials from around the region and from further afield who want to engage.

Pacific priorities are being undermined, and there is a growing disconnect in the region between national interest and the interest of the political elites.

Today in Papua New Guinea, we see first-hand how we are on the cusp of change.

They include big meetings spearheaded by the US Secretary of State Antony Blinken, another one by India’s Prime Minister Narendra Modi and a defence deal that will allow US military access through ports and airports. In exchange, the US is providing an extra US$45 million (NZ$72 million) in funding a raft of initiatives, some of which include battling the effects of climate change.

Equipment boost
The PNG Defence Force is also getting an equipment boost, and there’s a focus on combatting law and order issues — which domestically is a big challenge — and protecting communities, particularly women, from violence.

There is much in these initiatives that the PNG government and the people here will find attractive. It may well be the balance between PNG’s national interest and US ambitions is met — it will be interesting to see if other Pacific leaders agree.

Because some Pacific leaders are happy to be courted and enjoy being at the centre of global attention (and we know who you are), others are determined to do the best for their people. The fight for them is not geopolitical, and it’s on the land they live on.

The battle is climate change which is impacting their everyday life. The bigger powers will most certainly go through the motions of at least hearing their voices.

What that will translate to remains to be seen.

Barbara Dreaver is TV1’s Pacific correspondent and is in Papua New Guinea with the New Zealand delegation. Republished with permission.

Article by AsiaPacificReport.nz

Thousands of students at the University of Papua New Guinea staged a protest at the Waigani campus Forum Square today against the US-PNG Defence Cooperation Agreement that is scheduled for signing this afternoon.

US Secretary of State Antony Blinken is already in the country to sign the defence pact and also the Ship Rider Agreement with PNG.

The students claimed that the agreements between PNG and the United States concerned national security and their content must be made known for public scrutiny and transparency before signing takes place.

However, Prime Minister James Marape had earlier insisted that the agreements to be signed were transparent.

Marape added that not all agreements signed should be presented to Parliament earlier.

He said the country’s State Solicitor, who represents PNG’s legal checks and balances, had been involved “every step of the way” and had given clearance over the laws of this country.

Marape said that as soon as it is stable for transparency the country would be privy to those agreements and they would be tabled in Parliament.

‘Almost there for signing’
“I just wish to assure everyone, that Parliament will be privy to what we are about to sign and at the moment our Foreign Affairs team has been leading the negotiations. We are at the stage where we are almost there for signing,” he said.

“I want to give assurance to our country, it is nothing to be sceptical about,” said Marape.

Marape further elaborated that similar agreements and cooperation had been reached with other countries and that PNG could reach out to other bilateral partners with similar agreements as stipulated in the Constitution.

Also, the country’s foreign policy was: “Friends to all and enemies to none”.

The US and PNG already had a Status of Forces Agreement, or SOFA.

A SOFA is an agreement between a host country and a foreign nation stationing military forces in that country.

SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement.

Corporations allowed
Marape briefly stated that the SOFA agreement did allow US defence corporations and others to be involved in PNG.

PNG was just elevating this specific one with the USA.

Deputy Prime Minister John Rosso also clarified that once the agreement was agreed by the National Executive Council (NEC) and signed off by the Prime Minister and Defence Minister it would be brought before Parliament and debated before it became law.

On behalf of the government, Finance Minister Rainbo Paita adressed the protesting students at the UPNG Forum Square and received the petition presented by the Student Representative Council president Luther Kising.

Other tertiary institution’s student bodies, such as the University of Goroka and the University of Technology at Lae, have also protested against the defence cooperation agreement.

Meanwhile, there was a high presence of police reinforcements at the entrance to UPNG preventing the protest from escalating further.

Stella Martin and Rose Amos are NBC reporters. Republished with permission.

Article by AsiaPacificReport.nz

University students in Papua New Guinea are protesting against the signing of a defence cooperation agreement with the United States which is expected to take place today in Port Moresby.

Since 6am this morning, students from universities from around the country have been calling for more transparency from the government.

The student president at the University of Technology in Lae, Kenzie Walipi, said the government must explain exactly what was going to be in the deal ahead of the signing.

“If such an agreement is going to affect us in any way? We have to be made aware,” Walipi said.

“An agreement of this magnitude must go before Parliament. There must be clarity. The people must be made aware of the implications.”

Walipi said they were coordinating protests with student colleagues in other universities around the country.

Students at the University of Papua New Guinea (UPNG) gathered at the Waigani campus.

Vice-Chancellor Professor Frank Griffin said the university administration would facilitate the presentation of a petition to government.

“Our job is not to say whether it [the petition] is in order or not in order. Our job is to actually help them with bringing it through the right processes to the attention of our Prime Minister,” Professor Griffin said.

Deal will ‘enhance security cooperation’ — US
A fact sheet outlining US engagements with Papua New Guinea was released by the US Department of State yesterday. It said:

“On May 22, Secretary [Antony] Blinken will sign a Defense Cooperation Agreement, which, when it enters into force, will serve as a foundational framework upon which our two countries can enhance security cooperation and further strengthen our bilateral relationship, improve the capacity of the PNG Defence Force (PNGDF), and increase stability and security in the region.

“The United States expects to publish the text of the Defense Cooperation Agreement after entry into force, consistent with US law.”

The fact sheet noted the defence cooperation was just one of multiple new initiatives the US was entering into with Papua New Guinea.

“The United States will continue to partner with PNG on strengthening economic relations, security cooperation, and people-to-people ties, as well as promoting inclusive and sustainable development, including through plans to work with Congress to provide over $45 million in new programming,” it said.

Papua New Guinea Prime Minister James Marape and US Secretary of State Antony Blinken are expected to sign the agreement today prior to Blinken also meeting with leaders from the 14 other Pacific Islands countries who are in Port Moresby.

Pacific leaders will also be meeting with India’s Prime Minister Narendra Modi, who landed in the PNG capital overnight on his way back to India from the G7 summit in Japan.

Monday’s meeting will be the third in-person Pacific-India summit Modi has attended, the other two being in Jaipur, India in 2015 and Suva, Fiji in 2014.

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

Article by AsiaPacificReport.nz

Pacific leaders are starting to trickle into Papua New Guinea for two high level meetings and a number of side talks.

The leaders are set to meet with India’s Prime Minister Narendra Modi and a high-level US delegation in Port Moresby tomorrow.

PNG Prime Minister James Marape told local media on Thursday that President Joe Biden had called to apologise for his absence due to the need to return to Washington for meetings with Congressional leaders to raise its debt ceiling issue and avoid a default.

“He conveyed his sincerest apologies that he cannot make it into our country,” Marape said.

“I did place the invitation to him [that] at the next earliest available time, please come and visit us here.”

Biden has confirmed that US Secretary of State Antony Blinken will arrive on Monday to meet with PNG for a bilateral meeting and engage in a separate meeting with the Pacific Islands Forum leaders.

Biden also invited Marape and other Pacific leaders to Washington later this year for the second US summit with the Pacific Islands Forum.

“He did invite again the Pacific Island leaders to go back for a progressive continuation of the meeting that we have initially held last September in Washington,” Marape said.

Fiji’s Rabuka already in PNG
Fiji Prime Minister Sitiveni Rabuka has already arrived in Papua New Guinea.

He was greeted by acting Deputy Prime Minister John Rosso.

“After being welcomed by young traditional Motu Koitabu dancers, PM Rabuka made a courtesy visit to Government House and met with Governor-General Grand Chief Sir Bob Dadae,” Rosso said in a statement.

He has since been hosted by Marape for dinner at the State Function Room at Parliament House.

“PM Rabuka will be joined by other Pacific Island leaders, including New Zealand PM Chris Hipkins, who will travel into PNG this weekend,” Rosso said.

🇫🇯🤝🇵🇬
The traditional presentation of kamunaga or whale’s tooth was accorded to Governor-General Dadae to convey Fiji’s respect and appreciation for the historical and traditional ties shared between our two countries and moreso to further advance regional cooperation. pic.twitter.com/vbFOCrmTLk

— Sitiveni Rabuka (@slrabuka) May 19, 2023

The leaders will be in Port Moresby for the third Forum for India-Pacific Islands Cooperation (FIPIC).

According to Marape, 14 of the 18 Pacific Islands Forum member leaders, including New Zealand’s Prime Minister Chris Hipkins, are expected to be in attendance.

Marape calls for calm
Marape said a Defence Cooperation Agreement that is being mulled over in anticipation of an upcoming bilateral meeting with the US was consistent with the country’s “constitutional provisions”.

The cabinet is aware of the agreement, “cabinet has not concluded on this. It is awaiting cabinet conclusion,” he said.

He has called for people to trust in the process as he believes it would have a positive impact on the country.

“Another agreement called a 505 agreement, separate agreement, allows for us to have a working partnership with the US, US Navy and the US Coast Guard.

“With the US Coast Guard, it now gives us an opportune time to access not just on maritime access, but satellite access to illegal fishing, drug traffickers, illegal loggers, all those illegal transportations and activities that happens on high sea,” Marape added.

Meanwhile, PNG’s National Executive Council has confirmed that the public holiday announced for Monday for the National Capital District still stands despite Biden cancelling his attendance.

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