On Friday 28th May, the PNG Parliament passed amendments to the Environment Act that contradict PNG’s National Goals and undermine Constitutional Rights. The amendments remove the rights of PNG citizens and give extraordinary privileges to foreign corporations.
Specifically, the amendments:
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Give the Environment Secretary power to grant environmental approvals without any consultation
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Remove the need for the Secretary to comply with any rules or processes set out in the Act
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Remove any rights to challenge those decision in any court or tribunal
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Remove any common law or statutory rights to sue for any damage resulting from the approved activities
These amendments are oppressive and dangerous as they:
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Remove landowners legal and customary rights to be consulted and approve activities on their land
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Remove a citizens democratic rights to challenge executive decisions through the courts
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Give immunity to foreign companies from liability for environmental damage even where it was caused unlawfully or negligently
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Undermine PNGs National Goals and Constitutional Rights
The amendments were passed by Parliament with no prior disclosure; no consultaion with interested parties or the wider community; and were not subject to any scrutiny or debate by MPs.
Controversial Amendments to PNG Environment Act: Communities Fight Back
On 28 May 2010, the PNG government passed legislative amendments that protect resource projects from litigation over environmental destruction, labour abuse and landowner exploitation.
PNG Environment Minister Benny Allen maintains that the amendments are in the national interest as they protect resource projects from legal challenges. Tiffany Nongorr, the landowners' lawyer says that the amendments effectively remove a person's right to sue for environmental damage.
Source: http://www.radioaustralia.net.au/pacbeat/stories/201006/s2918691.htm
Update: The Madang landowners group has just filed documents in the PNG Supreme Court to contest the constitutionality of the new environment law amendments.
Source: http://www.postcourier.com.pg/20100608/news01.htm
Source of Photo: http://www.aroona.com/tag/png/
