Ombudsman Commission of Papua New Guinea

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LEADERS LEAD AND PARTICIPATE IN GOOD ADMINISTRATION

A PAPER PRESENTED BY PETER MASI – OMBUDSMAN
DURING THE LEADERSHIP WORKSHOP AT THE
NATIONAL PARLIAMENT HAUS OF PAPUA NEW GUINEA

In partnership with Transparency International – PNG Chapter Electoral Commission of Papua New Guinea
and the Ombudsman Commission of Papua New Guinea

Over fifty percent of the Honorable Members of this House lost their offices after the 2002 National Elections. The people spoke loudly at the polls. The people believed that it was time to change the guards and with the new guards try to ‘fight corruption’ because that was the common slogan used by candidates everywhere at the time. The Churches voiced their concern over standing issues that corruption was bringing upon the country and they rightly sought Divine intervention (and why not - we are a Christian Country). The Ombudsman Commission went to the four regions of this country campaigning for good leaders during that time too. As a result the people did give new mandates as well as renewing the old mandates to those leaders whom they believed would fight corruption whilst at the same time bring home much needed development.

This term of Parliament is almost over and therefore it is proper that we ask the question today, did we, individually or collectively by voice or by an act of our hands took a stand or took any stand to assist in the fight against corruption? Corruption is described in too many ways and we shall leave that to the academics but for this occasion it is enough to say when laws, procedures and guidelines are flouted to mislead stakeholders and the public or to shift resources from the deserved areas and communities to areas that do not serve them and that flouting becomes a corruptive act that affects the lives of our people and the independent standing of our nation.

The voting of the Prime Minister after the elections under the new Electoral Law was to be the test as well as being another significant factor that many believed would set a new course for Papua New Guinea’s political future more so the stability in politics, because it was the time that the former experiences of horse trading would no longer be available to the powerful political parties or individuals.

Political stability is extremely important in a country as this provides the climate which enhances good administration with Leaders leading the way and not only leading but practically participating effectively in all levels of government.

Leaders Lead and Participate in Good Administration – this is the area of my presentation today.

Section 26 ( Subsection 1, 2 &,3 ) of the Constitution list out the names of the public offices as well as describing the situations that give rise to the declarations of public offices whilst Subsection 4 gives power to the Ombudsman Commission to declare public offices when there exists a doubt. In all these circumstances the persons holding those offices are defined as Leaders under the Constitution and the Organic Law on the Duties and Responsibilities of Leaders. In my presentation I will be referring to these Leaders under Section 26 but more specifically to you as the elected Members of Parliament.

To lead and participate in good administration is a challenge and for some of us it is rewarding when you see unfold before you the fruit of your effort. To be effective in the leadership role one need to understand, accept and respect the concept of democracy, its ideals including the demarcation of roles by the three (3) arms of government. Leaders too must have a vision for a better Papua New Guinea and are able to demonstrate their commitment and determination to work toward achieving their vision in short, medium and longer term and that they can make a difference in the assumed public office for their people. What stands out most or speaks louder than voice in a Leader however, is the conduct and the personal value of a man or a woman who holds the leadership position which is an elevated position where all eyes of the citizens look upon for service delivery and showing of examples in appropriate behavior, attitude and moral guidance.

Democracy is to mean that ‘there is a government where the people have a voice in the exercise of power through their representatives’ [Oxford Dictionary]. It is to be understood that we Leaders have no power but it is the people’s power we hold in trust during the hour that they have given us to use to benefit all of us.

Representatives like the Members of Parliament are elected into office whilst other leaders are appointed, yet in a democracy it is demanded from all of us directly or indirectly, individually or in groups and as responsible Leaders to ensure that every eligible person who must cast his or her vote must be provided the freedom of choice and the appropriate friendly environment to decide that choice without any form of intimidation or favor. The strength of a true democracy is measured during elections when voters are allowed full excess to the ballot without any disturbance upon their minds.

When we as Leaders accept democracy it also means that we go further by recognizing that there are other rights of citizens for example in the Papua New Guinea Constitution which must be respected and protected during the course of decision making. The use of Discretion in public offices is an important privilege and personal trust placed upon Leaders to exercise and if not applied according to the merits of each case such can easily become a subject to abuse and consequently limit full access and participation by the people in exercising their rights as citizens. Wise Leaders consult the Constitution for guidance not just during the first few months in office but all the time as to the types of rights of the people they suppose to uphold, preserve and protect at every given opportunity.

People representatives in a democratic process of government are divided through their choices in life into three (3) distinctive arms of Government. The Legislative, The Executive and The Judiciary. No one group out of the 3 esteems above the other because all have very distinctive and important role to play but the bottom line is that they must exercise the power given to them by the people and no particular person has absolute power in the Government of Papua New Guinea and so all must harmonize or there will be no democracy and minimal service delivery.

Be careful when we say we are Leaders in our own right – this is stated from a Christian point of view because God chooses and bestows Leadership according to his own design and plan. Whether elected into office or appointed to occupy an office the common denominator is the same and that each person has been chosen upon merits. And at a particular time you and I are given the opportunity to deliver by reciprocating the trust given us by an authority.

Leaders have been chosen because they have a standing and also when the people chooses you above the others it is a sign of confidence that through you the peoples’ hopes and their aspiration can materialize.

In compliance to law the Ombudsman Commission becomes interested in you only after you become a Leader under Section 26 of the Constitution. After becoming Leaders under Section 26 the Leaders themselves must make it their duty to understand their roles and responsibilities under the Constitution and the Organic Law that governs conduct. This is the time that a Leader must read into the latter of the Law and make the effort to become a partner and assist the Ombudsman Commission to develop further his or her leadership quality and potential. Sadly, this is the critical and the missing link in the growth of leadership in Papua New Guinea today.

The connotation that the Ombudsman Commission is a judge, jury and executioner is completely misleading, wrong and bad in perception and much of these sentiments have come from a minority of Leaders who claim that they know the law on the Ombudsman Commission.

The socio-economical lifeline of our people depends on good roads, good bridges, enough and affordable health and education facilities and markets for the majority and all these progresses cannot be achieved without Leaders that show maturity in politics when they conduct government business. Politics have its time and place but should not be the yardstick when it comes to decisions on development issues and projects that can benefit vast majority of people. The Integrity Law is late in the scene in Papua New Guinea in assisting Leaders attain political maturity, which is the aspired desire of an independent state as it progresses in a democracy. Political maturity must gain wider foothold in Papua New Guinea decision making board rooms in order for people to benefit socially and economically because it is only then that the Leaders truly understand his or her role as a custodian rather than a benefactor and thus correctly share, allocate and apply resources to all spectrum of society without consideration to personal gain, regionalism and political party affiliations.

The election of the Prime Minister after the 2002 National Elections is a gain for Papua New Guinea in our endeavor to attain political stability. The outcome in the conduct of elections using Limited Preferential Voting (LPV) process that has been undertaken in the 5 or 6 electorates in 2004/5 is a further vote of confidence to the political reform now underway in Papua New Guinea.

In another dimension, the accountability and integrity institutions and agencies of Government in Papua New Guinea and Parliamentary Committees do not realize that their combined efforts can immensely steer this country toward political stability, good governance and prosperity. Serious consideration and action is lacking in putting to use this great potential where these watch-dog institutions can combine forces to identify and root out the corruptive injustices that continue to cloud our minds when we make decisions that should bring security and comfort to our people.

To effectively lead and participate Leaders are in the business to know where the majority of the people are, what capacity the people themselves have to survive on their own and the service delivery expectation the people have upon the 3 levels of government and what government can provided to improve their standard of living.

Leaders who understand the earlier discussion on the ideals of democracy and the roles of the arms of Government can confidently lead and participate in the overall good in administration. It seems that the discussions on the Papua New Guinea Decentralization system of government is being neglected compared to the times before. Is there progress under the Organic Law on the Provincial and Local Level Governments? Personally I see less than a handful of Provincial Governments working and hardly any local level Government have shown any promising sign of survival. In the three levels of governments in Papua New Guinea leaders are expected to coordinate between them to show that they can lead and have control over the social and economical affairs and needs of the people in the districts and provinces because that is where the people are.

The sum total of leading and participation by leaders is nationally measured and it is showed by the following:

Ombudsman Commission of Papua New Guinea - Speech 25 April 2006

Ombudsman Commission of Papua New Guinea - Speech 25 April 2006