September/October 2014 Inside this issue Page 3 Simbu complaints desk VISION By 2019; Ombudsman Commission is seen as a vibrant, premier institution in pursuit of promoting good governance and quality leadership in Papua New Guinea. Page 5 Back page OC participates in film festival Reflecting 39 years back OC wants update on previous reports presented to Speaker BY JOYCELYN WASAS MISSION Promote and protect the integrity of leaders and to help improve the work of government bodies and investigate any complaints against them to ensure there is good governance, accountability, transparency and quality leadership in the public sector. The Ombudsman Commission is committed to (8) fundamental values in all dealings with government bodies, the private sector, members of the public and the leaders. The Ombudsman Commission is interested to know the status of the previous reports presented to the Office of Speaker for tabling in Parliament. “We (Ombudsman Commission) have delivered similar reports in the past and we have not received any response as to how far these reports were progressed,” said Chief Ombudsman Rigo Lua when presenting an investigative report into the Government Printer of the Government Printing Office (GPO) on 8 October 2014. Chief Ombudsman Lua told Acting Clerk of Parliament Mr Podi Kohu who received the report on behalf of the Speaker Mr Theo Zureonuoc that these are very important Read more on page 3 The values upheld are; Unity Leadership Impartiality Integrity Independence Accountability Responsiveness Respect Transparency Acting Clerk of Parliament Mr Kohu receiving the report from Chief Ombudsman Lua and Ombudsman Sangetari at the Parliament House. WASDOK Nius is a bi-monthly publication produced by the Ombudsman Commission’s Media Unit. WASDOK Nius September /October Issue Manus Provincial Administration calls on OC for help BY ANTHONIA JOY KEMA Administrator Posong was the former GBLO but since his appointment to his current position, a new appointment for the GBLO has not been made yet. Similar sentiments were also shared during an advocacy meeting with Public Servants in Lorengau. This one week advocacy trip included meetings with representatives of the PNG Royal Constabulary, Correctional Services, Public, schools and Ward Members in the urban Local Level Government. Participating officers included those from the Leadership and Administrative Divisions and the New Guinea Islands Regional Office. A member of the public making a comment during a PEP in Manus. (File photo) The Manus Provincial Administration has called on the Ombudsman Commission of PNG to assist in containing corrupt practises through its recommendation on the appointment of a Government Bodies Liaison Office (GBLO). This plea was made by the Provincial Administrator, Mr Andrew Posong during a recent visit by the Commission when conducting its Public Education Program on the work of the Commission and the kind of services it provides. Mr Posong said corrupt practises are common in the Administration and even though he has come up with stringent measures, the Commission‟s assistance in formalising the Administration‟s recommendation for a GBLO will be of great significance as it will serve as a contact point for OCPNG. The GBLO is one of three components that make up the Government Bodies Liaison Program (GBLP), the other two are the Internal Complaints Handling Mechanism and Public Education Programs. This Liaison Officer will act on behalf of the Manus Provincial Administration in responding to requests for information about cases under investigation by the Commission and also as contact point for the Public Education Program. “Corrupt practises have become a norm and have rooted strongly in the Administration and therefore I would like to call on the Ombudsman Commission of PNG to help fight this corruption,” Mr Posong said. The GBLP Team Leader, Mrs Lydia Mulina was appreciative of the Manus Provincial Administration‟s recognition of the GBLO Program and in response to this call has already begun work that will pave the way for the appointment of the GBLO. “It is good to see the PA‟s willingness to be part of the GBLO Program as he knows its relevance and benefits”, Mrs Mulina said. Hello readers, We hope you have enjoyed our last edition of WasDok Nius. We have lined up in this edition happenings within the office and also external activities that the Commission participated in. OC is mandated to ensure that government processes and procedures are adhered to and that governmental officials are in full compliance with laws governing the conduct of public servants and the business of the Government. With this mandatory role the Commission presented an investigative report into the Government Printer of the Government Printing Office to the Office of the Speaker for presentation in Parliament. The report has since been tabled in Parliament. As one of the organisations that helps to eliminate unfairness and discrimination in PNG, OC took part in the 5th Human Rights Film Festival. See story on page 5. Amidst all other events, the Commonwealth Deputy Ombudsman Richard Glenn paid one-day visit to OC‟s Head Office. After meeting with the Members of the Commission and senior management team he was taken on tour to some significant sites in Port Moresby including the LNG site, National Parliament House and the PNG Arts Gallery. Cheers! Publication Team 2 WASDOK Nius September /October Issue Complaint desk to help improve internal gov’t systems and processes BY BARBARA SAKAIYA The people of Papua New Guinea have a legislative right to complain if they are not satisfied with government services and its administrative systems, processes and practices either by the agency or any of its officers. The agency is duty bound to be accountable to the people or complainant by providing satisfactory answers so both parties can reach an amicable outcome. However, there is no specific mention of complaints Management systems within the public service machinery to deal with administrative complaints. The Public Service General Orders (PSGO) and the Public Service Management Act (PSMA) only contain provisions for public service disciplinary matters. The establishment of the public complaints desk at the Simbu Provincial Administration is an initiative of the Provincial Administration with the assistance of the Internal Complaints Handling Mechanism (ICHM) under the Government Bodies Liaison Program (GBLP) implemented by the Ombudsman Commission. Simbu Provincial Administration sets up Public Complaints Desk BY BARBARA SAKAIYA The Ombudsman Commission in collaboration with the Simbu Provincial Administration have set up the Public Complaints Desk under the office of the Provincial Administrator within the National Extended Functions office in 2010. The Public Complaints Desk is responsible for addressing the administrative complaints lodged against Simbu Administration by the public. It must be responsive in attending to complaints and finding solution to them at that level rather than being lodged at the Ombudsman Commission. This would shorten the process of waiting for responses that normally takes longer when lodged with the Commission as it refers them back to the Provincial Administration under its Investigation process. This would also enable the Administration to enhance its performance in providing services to the public servants and the people of Simbu in the Province. The PCO is resourced by the Simbu Administration including staffing, office space, office equipment and materials. Work on developing a Policy Guideline for the management of complaints is currently being developed to enable effective implementation of the complaints handling and operation of the Public Complaints Desk. This initiative is the result of the Administration‟s pursuit for changes that will see improvement in the administrative and management practices whilst also improving on its internal systems and processes to ensure there are proper checks and balances. It will promote transparency, accountability and good governance to the people they strive to serve. This internal complaints desk will also allow public servants and generally everyone to exercise their rights in raising complaints against both the public service machineries in the province and also against the conduct of public servants. This is a pilot project; hence, if successful it will be rolled out to other provinces as well. OC presents report to Speaker From page 1 reports and it would be good to know how far they have gone. Acting Clerk Mr Kohu assured the Ombudsman Commission that he will provide an update in writing. He said normally when reports such as these are tabled, Parliament takes note on paper and if there is any recommendation on the report it moves the motion for its adoption. “But whether they have gone to that stage, I will advise in writing,” said Mr Kohu. The recent report covers the irregularities surrounding the expenditure of public funds and procurement of goods and services and the financial management process in GPO and also highlights wrong conduct by the Government Printer. The Ombudsman Commission is mandated by the Constitution and Organic Law on the Ombudsman Commission to ensure that government processes and procedures are adhered to and that governmental officials are in full compliance with laws governing the conduct of public servants and the business of the Government and it made several recommendations to this report. However, it is the discretion of the recipients of this report or those overseeing the functions of GPO to implement them. In publishing this final report, OC informs all stakeholders that it is dedicated to serving the people and government of Papua New Guinea as an independent institution that promotes good governance and leadership in a fair and impartial manner. 3 September /October Issue WASDOK Nius In this edition we continue to look at the Commission’s role to supervise and enforce the Leadership Code. What must Papua New Guineans expect of their Leaders? The Organic Law on the Duties and Responsibilities of Leadership prohibits certain specific conduct. For example, it prohibits leaders from using their office for personal benefit, failing to declare their interests, or the interests of an associate, in matters with which they have to deal in their official capacity, holding shares or directorships except in certain circumstances, engaging in other employment, accepting bribes, misappropriating funds, and using official information for personal advantage. The Code recognises that leaders are held to a higher standard. In the event of misconduct, the Code provides, as a starting point, for the removal of a leader from office, unless there is no serious culpability on the part of the leader, and public policy dictates that the leader should not be dismissed. Proceedings under the Leadership Code are no bar to proceedings in respect of the same conduct under any other law, like the criminal law, and vice versa. “The entire thrust and primary purpose of the Leadership Code is to preserve the people of Papua New Guinea from improper and corrupt conduct by their leaders”. The Commission reviews statements which leaders are required to provide annually setting out their assets, incomes, liabilities, business connections and transactions, directorships, and gifts received by them, their spouse and each of their children under voting age. In addition the Commission has wide powers to investigate upon complaint, or its own initiative, suspected misconduct in office. Upon satisfaction that there is a prima facie case it refers these matters to the Public Prosecutor for referral to an appointing authority and ultimately consideration by a leadership tribunal. OC releases officers’ final entitlements...After ceasing employment with the Ombudsman Commission for almost seven years, former Director Leadership John Toguata (pictured above) and former Counsel to the Commission Nemo Yalo (pictured below) received their final entitlements. Both officers had issues relating to some of their entitlements hence the delay. When signing his deed of release Mr Toguata thanked OC for finally having his entitlement sorted out. “All I could do was pray that one day justice will be done,” he said. Mr Toguata said he does not blame anyone in the Commission for the delay. “I reinforce a truth that I live to accept and that is, whatever man does God is sovereign and he will overpower man,” said an emotional Mr Toguata. He added that even though he understood the legal arguments to it he will forgo taking legal actions because he had suffered enough. Chief Ombudsman Rigo Lua responded that it is very sad especially the passing of Mr Toguata‟s wife who could have benefitted. Words and pictures by Joycelyn Wasas. Leaders can only be prosecuted whilst holding a leadership office but they can be prosecuted for conduct alleged to have occurred in a prior leadership office. Since 1975 the Commission has referred more than 100 matters to the Public Prosecutor for a wide variety of alleged misconduct, from failure to provide annual statements to more serious conduct including abuse of office, interference in the electoral process, use of position to appoint an associate or a wantok and the misapplication of State funds. In the next edition we will continue with the Leadership Code discussing some of the powers OC enforces on Leaders and the penalties. 4 WASDOK Nius September /October Issue OC par ticipates in Human Rights Film Festival work with everyone in Bougainville so that each one knows their human rights and strive to move together in the development and journey to create that culture of respect for peace. BY JOYCELYN WASAS & BARBARA SAKAIYA The Ombudsman Commission was pleased to be part of the PNG‟s 5th Human Rights Film Festival organised by United Nations Human Rights from 25 September to 20 October 2014. The film festival is an annual event and this year it was staged in four centres; Port Moresby, Goroka, Madang and Buka (Bougainville). OC participated in Port Moresby and Buka as well. The theme „Know Your Rights‟ was aimed at many of them have been affected through numerpromoting greater respect, protection and ous forms of violence. fulfilment of human rights in Papua New GuinThe theme for the festival in Buka „Creating a Culea. ture of Respect for Peace in Bougainville‟ is calling Locally produced films relating to human rights for Bougainvilleans to change their mindset and issues in PNG were shown during the event attitude for change to happen. David Bloch from followed by panel discussions. Some of the the UN Office in Buka said everyone in Bougainpanel discussions were based on rights of youth ville has the right to live without violence. “The & young girls and persons with disabilities in Australian Government is very sensitive about this PNG, access to reproductive health services, and has started work with some of the nonsports & human rights in PNG, business & hugovernmental organisations to build safe houses man rights and Bougainville referendum. like the Nazareth Centre”, he said. UN wants to Through these films the people are able to learn about their human rights as defined in the PNG Constitution and the International Human Rights laws. The films can also encourage people to be human rights advocates and volunteer in organisations that defend human rights. Showing of films is a very vital medium to educate people at all levels, however, if you are not learning any lesson from them then there is still a problem. Unless you change nothing will happen in our communities. The films were shown in Buka and Arawa. With this initiative by the United Nations of High Commission for Human Rights (UNOHCHR) and other partner agencies, information about the various rights of people can be acquired. People can use such events as an opportunity to learn, acquire and equip themselves on their rights. It is one way that can assist people take action against human rights violations and assist victims of human rights especially the most vulnerable people in society through the court of justice as guaranteed in the Constitution. “The feedback that we always get is to bring the festival to the communities; bring it to the villages and have these films shown as widely as possible, because the people really see the value the film festival presents,” said Alithia Barampataz, Director of the Human Rights Film Festival. The film festival staged in Buka was significant because this is a special group of people that are recovering from the Bougainville Crisis and Official visit: Richard Glenn (middle), Deputy Ombudsman of the Commonwealth Ombudsman (CO) of Australia paid a day’s visit to the Ombudsman Commission of PNG (OCPNG) recently. CO and OCPNG share a very close working relationship and Mr Glenn’s visit was part of both organisations’ partnership to assist one another deliver their mandated roles effectively. 5 September /October Issue WASDOK Nius 6 WASDOK Nius September /October Issue Reflecting on 39 years of Independence share a cup of coffee with their BY BARBARA SAKAIYA rank and file. Ombudsman This year like the previ- ence is always a time to cele- celebrated the occasion brate the day when we got our with a variety of activi- freedom. She said we did not ties. From cultural danc- endure a sustained struggle for es, singsing, a lot of mu- independence as with many sic and selling of art and Everywhere other countries. the country’s national colours, black, red and gold told officers present that Independ- ous years, the country craft. Sangetari Some of the reasons why we Ombudsman Sangetari making her reflection on Independence. may want to reflect upon and celebrate independence may be were waved here and Vehicles around the National capital District that we did not fight rather it was given to us on a golden plate. proudly carried their provincial flags as well. Papua New There are people of many territories who struggled before 16 Guineans are a patriotic lot and there is no better time to September 1975 and who continue to fight to have a day like show this than on this auspicious day. this to celebrate. The Ombudsman Commission was no exception. The We look back 39 years and we still wonder whether we were Officers came to work in PNG colours too. Some painted ready for statehood at that time. Whilst economic progress and their faces while others came in traditional head dresses, globalisation has brought many opportunities for us to progress necklaces and so forth. There were two large cakes bought as a nation, threats also abound. by Ombudsman Sangetari for officers to share together to It is time to reflect whether our current economic boom is fur- mark the event. thering the distance between the predatory elite and the poor According to Ombudsman Sangetari, it is events like this majority; or is it filling in the gaps between the two. Our eco- that bring bosses and their officers together. Ombudsman nomic growth should not be measured by what we see in Port Sangetari has been sponsoring cakes and other finger Moresby, but by what people in Jimi, Menyamya, Telefomin there. foods for staff get-to-gathers for the past couple of years because she believes this is one way bosses can mingle with their officers. A lot of times bosses don’t have time to and Oksapmin tell us. The Ombudsman Commission made visits to these remote areas and is confident to say that there is little or no government services at all. REGIONAL OFFICES: HEAD OFFICE: Ombudsman Commission of Papua New Guinea Momase Regional Office Islands Regional Office Highlands Regional Office Deloitte Tower, Douglas Street Tropicana Building, Tagigira Street AGC Building, Hagen Drive PO Box 1831 Vele Rumana Building, 4th Street Port Moresby 121, NCD PO Box 2259, LAE PO Box 359, KOKOPO 613 Western Highlands Province PAPUA NEW GUINEA Morobe Province East New Britain Province PAPUA NEW GUINEA Phone: 675-308-2600 PAPUA NEW GUINEA PAPUA NEW GUINEA Phone: 675-542-1986 Phone: 675-472-1695 Phone: 675-982-8792 Fax: 675-542-2497 Fax: 675-472-2755 Fax: 675-982-8953 Fax: 675-320-3260 PO Box 745, HAGEN 281 All opinions, statements and writings contained in the WasDok Nius are those of the relevant authors and do not necessarily represent 7 the opinions, statements, writings or views of the Ombudsman Commission of Papua New Guinea. The Commission issues no invitation to anyone to rely upon this newsletter and it intends by this statement to exclude liability for any such opinions, statements, writings and views.
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