Abstract
Papua New Guinea (PNG) consists of the eastern half of the island New Guinea and of numerous offshore islands and island groups. It gained independence from the UN trusteeship administered by Australia in 1975. It is a parliamentary democracy and Commonwealth realm. Head of State is the Queen Elizabeth II who is represented by the Governor-General. The single-chamber Parliament consists of 109 Deputies who are elected for a term of 5 years. The Prime Minister, appointed by the Governor-General manages the day-to-day affairs of the country together with the National Executive Council (the Cabinet).
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- 1.
Cf BBC country profile Papua New Guinea (http://www.bbc.co.uk/news/world-asia-pacific-15436981) and CIA World Factbook (Papua New Guinea).
- 2.
UN estimate 2009, respectively CIA World Factbook 2010 estimate.
- 3.
- 4.
An Organic Law is a law or a system of laws that define and establish a Government, also called Fundamental Law, cf Black’s Law Dictionary (2011).
- 5.
As an exception, a person who is between 55 and 60 years of age may be appointed for “special reasons” (s10(2) OLOC).
- 6.
Except on leave granted by the Head of State, due to illness.
- 7.
Now, the Public Finance (Management) Act 1995.
- 8.
Cf Sect. 1.1.3, p. 6 for details.
- 9.
Information provided by the Institution.
- 10.
This includes the Federal Government as well as regional and local governments.
- 11.
These are the Constitution’s “National Goals and Directive Principles”, the “Basic Rights” or the “Basic Social Obligations”.
- 12.
This is irrespective of whether or not it is in accordance with law or practice.
- 13.
Own motion investigations are often started in areas where trend analyses of complaints show particular areas of concern. They usually focus on systemic problems, e.g. on agencies’ procedures or on defects in legislation.
- 14.
Depending on whether the legislation concerned is federal, provincial or local legislation.
- 15.
These include the Prime Minister, Parliamentarians and other relevant bodies listed under s23 OLOC.
- 16.
The Prime Minister may, after consultation with the Chief Ombudsman, exclude premises in order not to jeopardise national security, defence, or international relations of Papua New Guinea (s36(1) OLOC).
- 17.
According to information provided by the Institution, this allows the informing of the prisoners in advance so “they can put their name on the interview list”. Also, it helps the facility’s staff to “ensure that the prisoners are available for the interview”. The Commission staff visiting the facility usually meets the head of the facility “for a briefing and a debriefing”. The Institution added that, “[w]here possible, every attempt will be made to resolve the issues raised by prisoners and […] staff during the visit while the Commission officer is present”.
- 18.
Cf art. 219 Const. and s13 OLOC.
- 19.
The Universal Periodic Review presentation at the United Nations Human Rights Council took place in Geneva on 11 May 2011.
- 20.
Cf also footnote 1.
- 21.
These directions may be of a general nature or aimed at a particular case.
- 22.
This advice is given jointly with the Cabinet.
- 23.
In 2009, there were 1,096 complaints, mainly concerning entitlements (148 cases), unlawful exercise of office authority (73) and delays in general (68).
- 24.
The last Annual Report that was tabled before Parliament was the 2006 Report. Since 2007 no Annual Reports have been tabled.
Further Reading
Overview of Legislation: www.ombudsman.gov.pg/docs/relevant_laws_handbook.pdf
Annual reports: Currently not available online
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© 2013 Springer-Verlag Berlin Heidelberg
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Frahm, M. (2013). Papua New Guinea: Ombudsman Commission. In: Australasia and Pacific Ombudsman Institutions. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-33896-0_18
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