House sits on reform agenda

NATION

The last parliament noted recommendations by CLRC to fix the electoral process but didn’t actually debate them before its term ended

Following widespread criticism of the conduct of the 2017 election, the Constitutional and Law Reform Commission was tasked to conduct a review and report to the last Parliament. That it did yet Parliament failed to debate recommendations before it its term ended. – Pictures borrowed.

By FRANK SENGE KOLMA
AN editorial in this newspaper made the following observations recently: “Sometimes we invite the troubles we find ourselves in by our own actions or inactions. The electoral violence going on throughout the country at present is one of these instances. This time we must place blame on members of the outgoing Parliament.”
That was before the conclusion of the 2022 National General Election.
Now the election is concluded, we can see the accuracy of the charges made in the editorial.
The 2022 election must rank as one of the worst in the history of elections in PNG in terms of the slack preparatory work, the repetitive deferrals and postponements, the sloppy execution and the violence filled delivery of the elections.
Why did it happen?
The reason for this space is specifically to point out aspects of the relationship between the national government and provincial and local level governments in the country.
It is appropriate at this juncture given our immediate experience to delve into elections at national and sub-national levels.
Far more experienced heads have put a lot of thinking into this matter before us and it is well that we examine what they have put before government.
Shortly after the 2017 general elections and following reports of widespread election fraud, vote rigging and violence the Government directed an inquiry by the Constitution and Law Reform Commission (CLRC) to look into various aspects of the elections and the legal and administrative structure in force.
This inquiry continued through 2018, 2019, and 2020.
In August 2021 a two-volume report recommending wide-ranging changes to the electoral system was placed before Parliament.
The report, the work of the CLRC, made important recommendations for Parliament to take note of and possible action.
Report noted, no action taken
Parliament duly took note of the report but never took any action.
This was the first time a serious review of the electoral system had been undertaken in the country. It was undertaken directly as a result of continuous and increasing abuse of the electoral process at each election.
CLRC Secretary, Dorothy Mimiko-Kerenga said in her introductory remarks in the report: “This review is not only timely, but needed, to address the many issues faced during election periods. PNG was heavily criticised by both local and external observers, for running corrupt elections in the recent past and particularly the 2017 National Election.”
The review of the Organic Law on National and Local Level Government Elections was entitled “Restoring Integrity to the PNG Electoral System”.
The CLRC collaborated with the Papua New Guinea Electoral Commission, the Office of the Integrity of Political Parties and Candidates Commission, the Department of Provincial and Local Government Affairs, the Department of Justice and Attorney General, the Department of Prime Minister and NEC and the State Solicitor’s Office.
Members of the CLRC included Hon Robert Atiafa as Chairman, Mr Gerard Linge as Deputy Chairman and Members Hon Allan Marat, Hon Kobby Bomareo, Rev Dr William Longgar, Dr Fiona Hukula and Prof Mange Matui.
The inquiry contained 13 terms of reference which included the voter registration system, the electoral system, the electoral boundaries commission, special representation in Parliament by women, youth and people living with disabilities and urban landowners, nomination fees, eligibility criteria for candidates, election petition processes, voter ID system, LLG elections, electoral offences, powers, functions and composition of the Electoral Commission and the decentralisation of election responsibilities.
Inquiry members visited all 22 provinces and consultations lasted up to three days in each province.
People’s comments on each of the 13 terms of reference were taken on board in each province and then tallied using those pro and against. The majority carried the day and in the end this method arrived at the recommendations made by the CLRC in its report to Parliament.
Key issues that dominated meetings in the provinces included the following:
Review of electoral boundaries;
Improvement of the electoral rolls;
Delegation of electoral responsibilities to provincial governments;
Strengthening of eligibility criteria for candidates;
Increasing of penalties for electoral offences; and
Women representation in the National Parliament.
A number of issues were raised by the people that fell outside the purview of the 12 specific TOR but 13 generic TOR covered these other matters.
They included:
Election of the Prime Minister by the people and for the term of office to be limited to two terms only;
Many speakers wanted a return to the 1977 Organic Law of Provincial Governments where national and
provincial members were voted into
office separately;
Many speakers were concerned about the powers and functions of the District Development Authority;
Many speakers wanted the people to also vote the LLG presidents;
For a bicameral parliamentary system to be introduced involving upper and lower houses which could then cater for special interest groups including women and with the upper house providing checks and balance to keep the lower house from abusing its powers; and
For a separate independent body to count votes after elections.
The CLRC took on board these discussions and referred them to Parliament for possible follow-up.
Following the tabling of the report, a motion was moved and carried to take note of the report and defer debate to a later date. The debate never happened but elections happened and the problems the report aimed to prevent has resurfaced, in ever increasing intensity.
Members of the outgoing Parliament ignored recommendations made by the CLRC that would have prevented the issues causing violent disruptions to the general election.
The recommendations included the following:
A biometric voter registration that would include obtaining fingerprints of each individual of voting age;
That ward recorders be used for primary data collection including using biometric voter registration;
That the ward recorders should update the roll regularly and report to the Provincial Electoral Manager and claim service fees quarterly;
The updating of electoral rolls must cease six months before the writs are issued;
People to vote where they are registered and if they move locations to inform ward recorders;
The age limit of candidates be lifted from 18 to 30 and education qualification to be at least university degree and for the nomination fees to be increased from K1,000 to K5,000;
The law be changed to increase the number of electoral commissioners from one to three and for the chief electoral commissioner to be appointed by an electoral commission appointment committee;
Amend the Organic Law on National and Local Level Government Elections to allow provincial governments to conduct LLG elections including updating the electoral rolls to free up the PNGEC; and
A special court be set up to hear election petitions and for election petition rules to be made simple.
Proposals in the report would require amendments to the Constitution affecting provincial and local level governments and the national, provincial and local government elections as well as the PNG Electoral Commission and the laws governing electoral offences.
The report states that it is the first comprehensive review of the electoral process in the country to be undertaken.
The report, now on Notice Paper (No 251) awaits the incoming Parliament to deal with it.
It must be dealt with as a matter of urgency.