September-October 2014

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
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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.
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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.
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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.
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September /October Issue
WASDOK Nius
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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
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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.