In 2015 cyclone Pam devastated Vanuatu, with Tanna being one of the worst-hit islands. Women bore the brunt of the devastation, forcing them to seek out new ways to survive. A realisation began to dawn that it was time for them to stand up and speak for themselves. After numerous meetings with women groups, the first ever Tanna Women’s Forum was held in October 2015. Over 1,200 attended the meeting where women demanded change to a political system that held them down, tied them in poverty, and gave them no opportunity to speak out. It was a breakthrough moment as many of these women have lived under threat all of their lives.

The women put their heads together and agreed it was time someone took the lead. I was nominated. The women agreed that I would contest the next general election scheduled for late 2016. Just days later the government announced a snap election, effectively wiping out our time to put together an election campaign. We moved ahead anyway with membership numbers now standing at 3,700. We had much confidence that we would secure one of the seven seats in the Tanna open constituency.

With very little time to prepare, I took on the challenge with much confidence. That as a solid membership of women we could succeed, and that even if we failed to win a seat, we would learn valuable lessons from the snap election experience that would better prepare us for the next general elections in 2020. I had so much confidence. I wasn’t thinking of losing; our hopes based on the registration figures signed by women across the island.

Crossing controversial territory

The first obstacle was informing community leaders of our decision to field our own candidate – a woman. Working with a chief that I have close ties to, a community meeting was arranged whereby I would declare and launch my candidacy. No one uttered a word, except a female friend who stood up, and much to my surprise, said ‘I am not in support of women being electoral representatives in parliament, and I am also against the policy of reserving seats for women’. I took this understandably as coming from someone speaking from her heart, but it also confirmed that the notion that women ‘do not belong in parliament’ were not held by men alone.

With no financial backing (other than two small personal contributions totalling 15,000 vatu) I had to dig into my own pockets to fund the campaign. I must say the election process is very expensive, with transportation in Tanna costing 20,000 vatu per day. We hired six public transport vehicles for the campaign.

We managed to visit (and revisit in some cases) 19 communities, speaking with roughly 700 men and women. Our slogan was Hemi Taem! (It is time!).

Taking centre stage during the campaigns was the most challenging. The questions and comments raised by communities were not difficult to answer, but there were also tricky ones coming from those who perceived us to be defying kastom.

‘You have not killed a fly or an ant, how can you prove that you can work like men in parliament. You are nothing but a woman.’

‘Our custom and culture perfectly points out your place – which is to look after the children, and mine (male speaking) is to do the talking. Where is your respect for this kastom? Are you from Australia that you don’t know our kastom? Who has given you this right to contest?’

‘Maybe we can vote for you in the provincial council election, but not to parliament.’

‘Our fear right now is the domestic violence law; we do not want our women to take those laws into their own hands.’

‘We don’t want to vote for women, because we don’t want women to have the right over us men.’

‘We don’t want our women to vote for women. If they do, we will divorce them.’

In a lot of places, prior to our campaign meetings, there would be community meetings most held in the nakamal where ‘consensus’ was often reached for all community members to vote for a particular candidate. In some cases, I wasn’t allowed to go and campaign – even to speak to just the women. In one case, some women called me and said, ‘Mary, please don’t come to our community as you will not be allowed to speak here’.

Discrimination and the threat of violence

The campaign revealed that culture is a main contributor to the limitation of woman’s influence in politics. I’ve seen how a lot of people are reluctant to vote for a woman. We did not receive discrimination from men alone, but women also. The discrimination we received was more on emotional violence. Discrimination against women in the society was very obvious at the time of campaigning and we observed how discrimination was somewhat based on a woman’s age, her marital status, her level of education and economic status. And as such, a woman may not be considered to be valuable or worthwhile if she does not fit the collective representation of both men and women.

Personally, I was able to endure a male-dominated political campaign period, but stories of threats of violence experienced by some women have just been unbearable. There are many of such accounts, ones that I share with a sad heart. This is one woman’s account of the threat she received from her partner the night before the poll.

I was already in bed pretending I had fallen asleep for some hours, but my husband came up and woke me up. He held a knife to my throat and demanded that I tell him who I was going to vote for. I was so afraid, I did not speak. He told me to speak or else he would beat me. I started crying. I was short of breath and was shaking. I cried out, “please help me … someone listening outside, please help me!” But nobody came to my rescue because they were afraid of my husband. He pushed me down, punched me again on my stomach and head, and said he was giving me a chance to speak or else he would beat me up. He knew of my intention to support women in this election. I begged him to let go of my throat or I was going to die, and I promised him that I was going to vote for the candidate of his choosing.

Another woman also had a similar story.

I saw you talking with those women, but I have stated clearly stated my rules and you have to follow them. We are going to vote for a male candidate and not for any woman. If you fail my words and I find out the numbers at our polling station, I will make you pay for it.

Other women were reportedly threatened by their partners to show candidate photos after they had casted their votes to prove they voted for a particular candidate. In some polling station, men threatened to divorce or physically torture their wives if results showed a significant number of women’s votes from that particular polling station.

A way forward

Political parties, as we know, are the most important institutions affecting women’s political participation. Even though our group knew we could have more support (moral and financial) from political parties if we ran under one of them, we still made the hard choice of running as an independent candidate. We had a few reasons for this, with the main one being that bigger political parties filed their candidates in advance, leaving no space for women to contest under their ticket. Secondly, women still have a long way to learn about the processes and lobbying involved in politics.

In spite of the challenges women continue to face, I see a new generation of powerful women flourishing in Tanna. Women with a strong sense of identity and power. Through our journey, many have come to understand that participation in the electoral processes involves much more than just voting. It is time to exercise the democratic rights that have either been ignored or violated over the last 36 years. Through our journey in politics, many have come to appreciate that through political participation women can have the freedom to speak out for the first time in the island’s history, which they’ve done through campaigning, assembling, associating and participating.

I have seen the power of ordinary women who have stood up against injustices to say they are tired. I have seen the faces of those who shed tears because of so much ill-dealing and threatening within their homes and communities. We have started a journey where we will continue to celebrate the united power of women who have taken the first steps to uncovering the multiple forms of discrimination and injustices. We shall continue to seek the empowerment of women to a level where they can think and speak for themselves.

We must not forget that the same laws will apply in the same national parliament and provincial houses of assembly. In the same national and district courtrooms, case law will grow and precedents will continue to be set in the absence of the hard questions that may never get asked about the blatant breaches in our society and adopted system of government.

From 2017 our leaders will (more than ever before) need the knowledge, political will, grace and patience to restore integrity, democracy and the rule of law as a national emergency in order for all else to be rebuilt without exception. The truth is a new government in 2017 will inherit inter-generational debt, a massive deficit and redundant parliamentary rules/standing orders governing important decision-making processes. Not to mention the crumbling sanctity of the National Executive Council (NEC) or cabinet.

They will realise that legislation set up in principle to provide robust governance mechanisms have been misunderstood or ignored by their predecessors. In 2017 a newly elected parliament will discover an exhausted public service, a manipulated police force, an angry defence force, and many broken Papua New Guineans with drought and income starved families and disrupted livelihoods.

Those elected Members of Parliament will find very drained state-owned enterprises, institutions and agencies incapable of operating with only a steady trickle of public funds to deliver wages, health & education or district support according to policies and promises of the past and present. They will find that the much promised revenues from oil and gas have been committed to paying off the current government’s unilateral decisions and therefore debt for unauthorised loans for generations.

New leaders in 2017 will need to navigate a global economic downturn of epic proportions with PNGs development and economic interests at heart. Our new leaders will discover that our broken service delivery system and our overheated economy will need more than elected candidates with tunnel vision.

Those elected will need to be legislators, not aspiring millionaires or public finance managers. Newly elected leaders will require an understanding of serious fiscal discipline, tax and industrial relations reform and economic modelling that reflect PNG’s economic conditions and our revenue-earning potential in sectors other than petroleum and energy.

PNG will need MPs who are humble yet extraordinary thinkers to guide monetary/fiscal, social, cultural and development policy simultaneously to aid a new-look holistic reconstruction strategy focused on understanding that our vast natural resources should never again be left to a single individual who knows no institutional, spiritual, executive or national boundaries. Those new MPs should be held to the universal promise that candidates seek election (and re-election) to be servants to their people not master manipulators of their resources.

All the hopes in online commentary revert to a single assumption that PNG will inevitably have free and fair elections next year. If all we do is dare to dream it’s no longer enough because we will inevitably get what we vote for yet again.

Photo: Sepik Wewak Urban Local Government facebook group

To the surprise of those seated in the crowded Nitijela chamber, as soon as Senator Silk completed his sentence one person clapped politely and briefly. Gauging by the looks of the audience, perhaps this also was without precedent. Clapping in parliament is a motion that is not prompted. In some parliaments it is frowned upon, in others it is the norm, in some it is allowed in some situations and not in other contexts, in some the Speaker regulates this motion or its variations such as clapping on the sides of the chairs or thumping on the desk or standing ovations or saying “hear hear”. The previous day, as the results of the vote of no-confidence against former President Nemra’s Cabinet were tabulated, Speaker Kedi had astutely interrupted the count. He instructed that no one should clap. During the past two weeks, on many occasions the Speaker had invited a clapping applause for other results and reasons. Some parliamentarians had spontaneously clapped after bold speeches had been made during the debates before and after the vote of no-confidence motion was introduced.

The introduction of the final motion by Senator Silk, with no prompting by the Speaker, was a move that can been viewed as showing a respect not only for the law but also a timely accommodation of the positions held by the two Senators – Note and Riklon (remarkable because both Senators were members of the governing and opposing party to Senator Silk’s). Both Senators had insisted on the Nitijela’s attention and adherence to the Constitutional letter and procedure even if the brief opinions of the relatively young and bashful Acting Attorney General and sort-of-but-not-entirely-convincing Legal Counsel appeared to vary with these interpretations. Senator Riklon had earlier argued politely that according to the Constitution, 14 days had to lapse before another President could be elected. This argument had been overruled by the Speaker, again after the legal opinions of the Legislative Counsel had been recorded. Senator Note had insisted on the casting of the secret ballot. The Senators had persisted even when the Speaker Kedi had plainly cited these opinions as the basis of the Speaker’s impending if not already evident decision on the deemed election of a President by sole nomination. Both soft-spoken Senators requested repeatedly a cautious approach to avoid any ambiguous precedents even if precedents (rightly or wrongly) had already been set in previous elections. Such precedents had been pointed out during the debate. Ironically, one precedent that was contrary to Senator Note’s persistent demand took place when Senator Note had been President!

It can be easily said that both Senators (Ministers at that moment) were deploying a delay-tactic to prolong the life-in-office of the cabinet. However, it can also be suggested that casting a secret ballot in a finale of the electoral process served another purpose. The presidential sole nominee – Dr. Heine was nominated by a self-described less than a fortnight-old coalition. Unprecedented maneuvering, jockeying, shifting and cross-over of party lines, changing membership by number surprising changes in alliances, lobbying by traditional chiefs, the untimely death of an extremely popular high chief presidential candidate, forming of sub-blocs known by colorful descriptions such as traditional twelve solid six fanatic four, claims of buying of membership in parties, forgetting of vows to exclude so-and-so, feuding and solidarity of family, refusals, resignations, ministerial office invitations open until the last minute of the Presidential re-election, etc. had become a well-known and nerve-wracking feature of the political battle for the government during the past month: clearly, loyalties were anything but loyalties; any Senator-voter(s) could change his or her decision at any moment. A secret ballot would colorlessly cast the die, thus making the votes fungible. This is an essence of a democratic free election.

Beyond that, the motion was an expression of an experienced parliamentarian’s intuitive solution to correctly end an impasse that at face value appeared meaningless. Indeed another Senator, Kramer had been quick to fret and seek an immediate dispensation of a “waste time” matter. It was not. Senator Silk’s move also averted notions of a potential legal battle or of a deliberately overlooked procedure in a matter of Constitutional and national importance. It also saved face all around the membership of the Nitijela. These are not trivial facets of the art of the political battle. A save-face tactic is appreciated when battle weary opponents who assuredly are destined to meet each other yet another day are compelled to bluntly face each other with a foregone conclusion.

It is irrelevant whether Senator Silk appreciated or not that Ministers Note and Riklon’s firm stance and demand also covertly allowed for a larger number than 21 senators to vote for President elect (at that moment), Dr. Heine. Nor is it relevant that in a statesman-like move Minister/Senator Note already may have deliberately considered and made space for such a consequence. The result …24, (three more than the predictable 21 votes in favor) itself is relevant. It is a symbolic number that may be optimistically interpreted as if despite the political battles of the past months and weeks some minority number members now accepted the uncomfortable reality of the situation and symbolically said – we are all here, we are willing to move forward and work together.

Rising above partisanship and above party, Senator Silk’s motion, wittingly or not, led to a placated polite procedural election in the Nitijela with Dr. Hilda C. Heine as the elected President. Surely, that final motion deserved an applause; even if only one (just a number) person clapped! After all, when, in an unprecedented moment, as the number goes…if you’re happy and you know it and you really want to show it….clap your hands.

The appointment process is rather opaque, with an unwritten convention that the post will be rotated through the regions. It’s the Caribbean’s turn, but their vote is split between two candidates. Africa has also put forward a candidate, so the field is wide open.

It is an interesting time for the Commonwealth, teetering as it does on the brink of irrelevance or renewal. Its main value has been as a force of liberal democracy and a platform for small states, but it has never really lived up to its potential, leading some commentators to write it off completely.

Lack of strong leadership is one of the reasons that the Commonwealth has struggled to fulfil its charter and the selection of a new Secretary General is an opportunity remedy this.

Among this group, both of the female candidates stand out.

Dominica’s candidate, Baroness Scotland, has a personal narrative that resonates and inspires.

Born in Dominica, Baroness Scotland migrated to the UK as a child, worked hard, became a QC, and then rose to be Britain’s first female Attorney General, having previously served as a Parliamentary Under Secretary of State at the Foreign and Commonwealth Office. Her politics are progressive, and she seems to be genuinely passionate about winning the post of Secretary General.

As Secretary General, I would immediately seek to build consensus on a revitalised Commonwealth that is focused on tangible and expanded delivery on its twin goals of democracy and development. Recognising that the Commonwealth isn’t simply about member States, but the people of those States, its work will always be deeply rooted on delivering cost-effective and measurable positive impact on the lives of the people of the Commonwealth.

Baroness Scotland’s main rival is Sir Ronald Sanders, currently Antigua and Barbuda’s Ambassador ‘Extraordinary and Plenipotentiary’ to the United States. He has the backing of a handful of Caribbean countries and was part of an eminent persons group in 2010 that reviewed the Commonwealth. However his campaign has been tainted by a report that he received $1.4m from an alleged fraud against Antigua’s government.

Mmasekgoa Masire-Mwamba, the third candidate, may be able to capitalise of the split in the Caribbean, by building on a base of support from African countries. She has served at the ministerial level and did two terms as Deputy Secretary-General of the Commonwealth Secretariat from 2008-2014, so would bring relevant experience to the job.

How will the selection play out?

Caribbean countries are conscious that they have a golden opportunity to win the selection. However their failure so far to unite behind a single candidate has compromised their campaign. In the final hours, they will also need to secure support from other member countries, and this is where the Pacific could play a critical role. The pragmatic approach for the Caribbean would be to unite behind the candidate that can attract sufficient support from other regions. The pragmatic approach for the Pacific would be to support the candidate that best reflects the interests of small island states.

In the event that there is no consensus, the process allows for last minute candidates to be put forward. In recent weeks Australia’s ex Foreign Minister Alexander Downer has been touted by the right-wing press as a ‘compromise’ candidate. Whether he is suitable and would garner sufficient support is debatable. He has a mixed record when it comes to the Pacific, and is not without his controversies. There are of course opportunities for further candidates to emerge.

From a Pacific perspective, Baroness Scotland would be a good Secretary General. She understands the needs and issues facing small island states – recently calling for a 1.5 degree target on climate change. Moreover she has the ability to lobby on our behalf, and would be a welcome and capable first female Secretary General of the Commonwealth.

Whoever emerges as Secretary General, they will face the challenging job of rebuilding the organisation’s relevance in our region and across the world.

Photo caption: Baroness Scotland – a contender for Secretary General of the Commonwealth

Announcing release of the final MDG progress report last week, Forum Secretary General Dame Meg Taylor praised Pacific governments for their ‘substantial progress’ in meeting the development goals, and offered a modest excuse for the lack of performance measured in many areas, particularly in poverty reduction, gender equality, and environment improvements: ‘The MDGs were global goals and applying them at the national level was difficult. In addition many of the MDG indicators did not suit the national context.’

I suggest a different way of evaluating lack of progress on MDGs. Juxtapose the Forum’s MDG assessment with the following headlines: ‘Another PNG MP to stand trial for fraud,’ ‘14 Vanuatu MPs heading to jail,’ ‘Eight sacked over government fraud in Solomon Islands,’ ‘Widespread fraud suspected in Marshall Islands government departments,’ ‘Green light for former Cooks minister to be tried,’ and so on.

It starts from the top and rolls down the line of government workers who view ‘government money’ or aid funding as a pot of money to put in their own pockets. Unfortunately, anti-corruption institutions and enforcement systems are weak in most islands such that there are more government leaders and workers focused on manipulating government finance systems for their own benefit than there are people and resources attempting to enforce accountability and rule of law.

Speaking last week about the Marshall Islands’ membership in the United Nations Convention Against Corruption, Auditor General Junior Patrick confirmed this concern about the reliability of enforcement systems. He said the initial UN review of government systems shows there is a framework in place for preventing corruption. But, he added, he would like to see the UN anti-corruption review go a step further “to see if implementation is effective, what is the time frame for investigations and prosecutions, and what resources are available (for accountability efforts). We have a framework, but is it functional?” For small island countries in particular, where enforcement capability is modest, this is the $100 question.

These same political leaders and personnel in government ministries and agencies—mentioned in the headlines above—were supposedly responsible for delivering performance on the Millennium Development Goals, development plans, and a host of other government services. But when large numbers of government officials are focused on personal instead of national interests, it is obvious their nations are not going to be effectively implementing poverty reduction schemes or gender equality goals.

In an earlier blog in this space, I commented: ‘Corruption comes in many forms: coming late and leaving early but getting fulltime pay, not carrying out the mission of a government office, manipulating tenders and funds for personal interest, and seeing some or all of the above and doing nothing about it.’

From the many corruption investigations, some of which have led to high-profile prosecutions in the region, we now know that leaders in many countries are running government as if it is their personal business. So when people talk about island leaders and saying things such as, ‘Strong political leadership and commitment’ is what is needed to make progress, are we simply kidding ourselves? Political leadership and commitment for what agenda? We simply cannot continue to ignore the fact that widespread corruption is undermining rule of law and slowing progress to a crawl in many countries. The imprisonment of 14 Vanuatu MPs is a landmark anti-corruption development for the Pacific. But over recent past years, penalties in the region for corrupt actions by politicians have been modest to non-existent in many islands, reinforcing a prevailing message, at least at high levels of government, that crime does, indeed, pay.

So eight of the 14 Forum members managed to implement only two or fewer MDGs. In September, all the countries in our region signed onto the 17 Sustainable Development Goals (SDGs), promising to implement these over the next 15 years. We could not manage seven MDGs and now we’ve got 17 SDGs, with 169 targets—who exactly is going to make these 17 SDGs a reality in our islands? This is not to say that public health professionals, doctors, educators, community development specialists, and staff at the Forum Secretariat are not committed to making improvements in their respective islands. The point is that for them to be successful, they have to have the attention and support of political leaders. Yet many of these leaders appear to be more focused on self-interested business deals or embezzling aid funding than they are on implementing national development priorities.

Only two nations—Cook Islands and Niue—met all seven MDG targets, while Palau accomplished six. These nations should be recognized for this laudatory performance and probably the most helpful development for the rest of the Pacific islands would be for this trio to convene a working group to identify and share the ingredients that allowed for their success so that other countries in the region can see if there is anything in the Cook Islands/Niue/Palau models that would work elsewhere. Still, until corruption is minimized and rule of law is emphasized, getting traction on the new SDGs is going to be a challenge in many islands.

Caption: The Vanuatu bribery case has made headlines across the region (pictured here). The Vanuatu Appeal Court will deliver its ruling next Friday on appeals by 14 MPs jailed on bribery convictions.

The first part of this blog was published last week. The following is part two:

However, the report fell short of proposing a mechanism to protect the rights of the informal economy participants. Subsequently, there is no mention of the need to properly organize informal economy participants and their activities into groups for the purpose of dialogue and consultation. Section 3(1) of the Informal Sector Development & Control Act 2004 provides for the administering authority to consult (if they wish to) with relevant ward committees, the police force and relevant government agencies responsible for health, physical planning and building, when declaring areas on which informal economy businesses could be conducted. However, experiences thus far have indicated that this has not been the case.

Even if this exists in some provinces there is little evidence to suggest that the administering authorities sought views from informal economy operators or vendors because informal economy, both its activities and operators, are disorganised. Furthermore, given the complexity and cross-cutting nature of the informal economy, provinces need to have special informal economy committees comprising of key stakeholders to deal with these issues. For instance, border provinces such as Vanimo see massive influx of cheap Indonesian goods into Vanimo town and the villages along the highway leading to Batas. These imported goods (with questionable content and quality) make up a large portion of the informal economy in Vanimo and the neighbouring villages. To protect consumers and ensure fair play, the provincial government or the Vanimo Town Authority will have to work with the Border Development Authority, customs, police, NAQIA and others. Therefore, the absence of such a mechanism will do little to change the status quo of the situation.

The report also did not highlight the need for a proper restorative justice mechanism to be in place to deal with cases of harassment and abuse inflicted by enforcers on informal economy participants. The Informal Sector law in its current form is silent on this matter. Section 3(6) of the law only goes as far as saying that “an operator (informal economy vendor/participant) aggrieved by the decision of the Administering Authority under section (4) and (5) may appeal to the District Court”. Yet for most informal economy operators or vendors the Village Court is the most affordable, reliable, reachable and dependable arm of the justice system since it addresses individual and community’s legal concerns through a typically PNG way. The District Courts can be utilized by an interest group or an entity representing the interest of informal economy vendors/operators. Therefore, the report fails to recognize that the infringements done by the informal economy participants (apart from the sale of drugs, counterfeit products and homebrew) are ‘economic crimes’ and not criminal offences that would require the ‘heavy arm of the law’. Thus section 4(2) of the Informal Sector law should be reworded or amended to ensure that the members of the police force are excluded from being appointed as inspectors to police the informal economy.

The NCDC buai ban law demonstrated that administering authorities armed with additional powers can abuse it and in the absence of a voice and an appropriate restorative justice mechanism for the informal economy participants, the informal economy will be suppressed to a point where lives could be lost. Deaths relating to the buai ban have been well-documented in the media. Such actions would thereby defeat the whole purpose of the law. In saying that the law does provide sufficient space as captured under section 3, where the administering authority is required to “adequately notify and welcome feedback from the informal economy operators of its attempt to make changes/determination to the law”. The operator(s) on their part should respond within a set time frame or take the matter to the district court if not satisfied with the authority’s feedback. In addition, inspectors appointed by the administering authority as per section 5(2) should properly notify the informal economy operator/vendor of its decision or actions. However as alluded to earlier, with most of the operators/vendors lacking basic literacy skills and resources (funds) they would need someone to do this for them, or better still an entity like an informal economy market vendor association to represent their common interests and amplify their concerns in order to get the attention of the authorities or policy makers.

Increasing penalty fees and repealing section 18 of the Act, which has a list of laws and their clauses that were excluded, means that informal economy participants will be forced to comply with standards that may be too high for them, especially when most of these participants have very poor literacy skills and lack formal employment to supplement their meager incomes. While the intention is to put forth a progressive and rosy image of the city and urban areas, this should not come at the expense of people’s livelihoods. PNG is now a country that is already experiencing a widening gap between the rich and the poor amidst its most prosperous period in its 40 years of nationhood. Early indications are that the PNG LNG will not be as transformative as it was predicted to be. On the contrary, the emergence of the PNG LNG project has created more problems than solutions for this nation. The cost of basic household goods and services have dramatically increased while the government is being forced to make deals that could possibly cost this country a great deal. At a difficult time when this nation is heading into uncharted waters, the wisest thing to do for the PNG government is to lean on its strengths. The informal economy with almost 80-85% of its population engaged in myriad of activities is its strength. Through the good and bad times, it has helped this nation to ride out crisis after crisis. Giving it its long overdue consideration in the national agenda may well be a game changer for PNG.

Caption: Village men in the Trobriand islands (PNG) work on their carvings. Many informal sector participants are innovators and skilled survivalists. Photo by Ben Bohane – wakaphotos.com

Furthermore, if provided with the right environment, it could unleash entrepreneurialism and innovation that is abundant among many Papua New Guineans but lethargic due to lack of support. One should only take a bus ride to the infamous Gordon Market or travel up into the Kakaruk (chicken) Market in Goroka or elsewhere to witness the vibe of energy and salesmanship at play. This is what the law aims to nurture but in compliance with appropriate minimum standards to protect consumer welfare and generally minimize its negativity.

Yet the challenge will once again fall on the shoulders of the government to ensure that the intention of the law is realized. Already the government is urged in the report to step up and provide leadership in administering the law as well as providing essential public goods and services to encourage the development of the informal economy in PNG. So far the government has failed miserably in this area although it has introduced a policy and a law to address issues affecting the informal economy. This reinforces the sad reality that implementation and enforcement have always been a challenge for the PNG Government. Most Local Level Governments are struggling to function effectively in most areas of the country due to lack of support both in terms of resources and limited understanding of their functions and responsibilities. The report alluded to the fact that most LLGs that were consulted had no idea about the existence of the law although it is a national law.

At the national agency level the report found that no oversight was provided making way for administering authorities to make laws without alignment to the Informal Sector Development & Control Act 2004. In most cases administering authorities simply turned a blind eye on the law. For instance, in 2012 the courts making reference to the Informal Sector Development & Control Act 2004 restrained the Lae City Council from implementing its decision to close down informal markets in the city. In the case of National Capital District Commission (NCDC), buai producers and political leaders in Central Province issued threats challenging the legality of the buai ban law although this has not come to pass. If the ban was contested in the courts with reference made to the Informal Sector Development & Control Act 2004, the outcome could have changed the dynamics of the informal economy in PNG.

This is where the Constitutional Law Reform Commission’s (CLRC) foresight in introducing a ‘modal law’ is important as it bypasses the difficulties that could have eventuated if a national law superimposes itself with no regard to the administrative set up of certain provinces like NCDC. By allowing provinces to have the freedom to make necessary amendments to the modal law to suit their unique situation, it is hoped that they will effectively control negative aspects and promote the positive side of their informal economy. By having the Department of Community Development & Religion as the lead agency providing oversight on the law, it is envisaged that the amendments will be made with due respect to the spirit/intention of the national law as well as in alignment with the national informal economy policy.

The department to its credit has already embarked on a restructure (with no progress as yet) that will see a new section dedicated to coordinating the implementation of the policy and the law. Yet questions are being asked if this arrangement will yield any tangible results. The department itself is still reeling from the leadership tussle which transpired two years ago which has seen the department fragmented into factions as staff took sides. The aftermath of this battle can still be seen today with most of its offices half empty and manned by only few dedicated officers. In this environment there is no guarantee that the law will hit the ground running once it is passed by the government. This is where the department with the aid of CLRC should explore options that will lead to the effective implementation and administration of the policy and the law. One option would be for the department to quickly work towards establishing a stand alone mechanism, like an office within its structure. Such a set up, apart from speeding things up, would allow the department to effectively reach out (going beyond its traditional role as a social welfare department) to other stakeholders whose mandate or policies are related to aspects of the informal economy policy and Act.

On the other hand the informal economy participants for their part, misunderstood the law the first time it was passed by parliament, subsequently giving rise to the proliferation of diverse sets of informal economic activities, some of which posed serious health and safety risks. This meant that balance needed to be found in the law to ensure that the growth of the informal economy is controlled to minimize its harmful effects. The informal sector law in its current form in fact advocates for this. This is contrary to the views that it ‘gave fire’ to the widespread chaos that is unfortunately the hallmark of PNG’s informal economy. The draft report to the credit of the CLRC, has reinforced this idea with penalties raised depending on the severity of the offence, which is determined by taking into consideration an informal economic business activity’s impact on the environment, hygiene, health, safety and the nature of the items sold such as whether it is addictive and other factors. Furthermore, it has inserted a provision to deal with betelnut-related issues which now imposes a much tougher penalty for irresponsible chewers.

(To be continued next week…)

Caption: Fresh produce at the local food markets in Port Moresby, PNG – John Conroy