Rogue Parliament: Politics versus the rule of law in Papua New Guinea (7 July 2010 to 3 August 2012)

Abstract

This thesis chronicles and examines the political and legal turmoil that engulfed Papua New Guinea (PNG) in the period from 7 July 2010 to 3 August 2012. The replacement of Sir Michael Somare as prime minister by Peter O'Neill on 2 August 2011 and a 'whatever it takes' attitude to holding on to political power were cloaked by the slogan - 'the Parliament is supreme'. The new government, headed by O'Neill and Belden Namah, presided over a dramatic retreat from the rule of law and a serious attempt at tampering with the constitutionally mandated national election cycle. A detailed history has been developed with a view to addressing three questions: 1) Was the takeover of government lawful or unlawful?; 2) Why and how did the new government remain in power?; and 3) What, if any, are the likely long-term effects of this turbulent time on the operation of the rule of law and democracy in PNG? Archival research was complimented by semi-structured interviews with participants and close observers of relevant events. Existing analytical work was also drawn upon and critiqued. The analysis considered three deeply interwoven drivers of political change in PNG, namely the country's circumstances as a 'fragile state', the influence of custom and the primacy given to local over national needs. The period (2010-12) and events covered here have attracted far less academic interest than they deserve. This thesis offers several reflections on PNG politics. First, the electorate gives politicians considerable latitude with respect to political manoeuvrings between elections. Between 2010 and 2012, this latitude facilitated the illegal takeover of the government and, in turn, a retreat from the rule of law. Second, the country is locked into a framework of highly fluid political allegiances, with leaders and parties constantly having to provide inducements to maintain the loyalty of individual members of parliament. Third, the formation of new governments is essentially a rebadging exercise, with most members being drawn from the former government. This continuity helps to explain the absence of significant policy differences between administrations and undermines any zeal and scope for serious reform of PNG politics and governance. Finally, the period has established many precedents that are more likely than not to encourage future politicians to ignore the national interest and legal obligations in favour of personal advancement. Notably, Peter O'Neill was rewarded for his political adventurism by becoming prime minister after the 2012 general election, no-one was punished for illegal activities, and Sir Michael Somare and his loyal ministers were compensated for losing their positions. Show more