Bougainville News 10/8/97 id NAA19198; Thu, 9 Oct 1997 13:13:36 -0400 Via NY Transfer News Collective * All the News that Doesn't Fit source: VIKKI@lexsun.law.uts.edu.au Tue Oct 7 22:05:55 1997 National (PNG) Newspaper - 8/10/97 Talks to end on Friday PM to stay away CHRISTCHURCH: Peace talks in New Zealand aimed at resolving the nine-year conflict on Bougainville are due to end on Friday, sources said. Talks between twenty senior PNG officials and 70 Bougainvillean representatives have been continuing for the past week at Burnham army base, near the South Island city of Christchurch. They aim to move forward a draft peace plan outlined in July following a first round of talks between rebels and the PNG-backed Bougainville Transitional Government (BTG). That deal, called the Burnham Declaration, outlined key measures to end the crisis which has claimed thousands of lives and displaced many into care centres. Sources close to the talks said they were expected to continue until Friday, but added that PNG's Prime Minister Bill Skate would not now be attending the closing sessions. He had said he was keen to visit New Zealand at the same time as this round of talks. But local officials said his change of plan would not be crucial as the ambition remained to follow up this round with a leader-level meeting at a later date. A spokesman for New Zealand's Ministry of Foreign Affairs and Trade said it was too early to say what progress had been made at the discussions, being held behind closed doors. But diplomats say the different parties are understood to be seeking ways to enforce a ceasefire, planning the reconstruction of the resource-rich island, and trying to establish a framework to allow the leaders of the warring factions to talk further. The New Zealand and Australian governments have jointly provided logistical support for the meeting but have stressed they are taking no active part in the process itself. Diplomatic sources familiar with the problems of the region have said that while they are optimistic about the process, they do not expect a full solution from this week's negotiations. One source said Mr Skate's non-attendance might bode ill for the talks since his decision may have been based on information that little progress was in sight. However, others said his absence was more likely to be an issue of timing as he, and the new Solomon Islands Prime Minister Bartholomew Ulufa'alu also rumoured to have wanted to attend Burnham, are due to visit Tokyo early next week. - Reuter ====================== Govt 'will name new police boss today' PORT MORESBY: The Government is expected to announce a new police commissioner today to replace incumbent Bob Nenta. Government sources said last night Mr Nenta was sacked by Cabinet on Monday on the recommendation of Police Minister Thomas Pelika. The sources said there was intense debate on the issue at the Cabinet meeting. Mr Nenta's future has been in doubt for some time following the Sandline crisis and upsurge in crime throughout the country this year. The Police Association, which has been predicting the departure of Mr Nenta for the past two weeks, said in a statement last night there was widespread dissatisfaction that the new commissioner is a former policeman and not from within the police force. Association president Aloysius Eviaisa said his executive met yesterday and urged the Government to retain Mr Nenta or replace him with one of the two deputy commissioners. ================ SFU a legal force, testifies Col Tuat Defence Court Martial By PHIL YOMBON PORT MORESBY: The Special Forces Unit whose actions led to the house arrest of PNG Defence Force commander Leo Nuia and seven other senior officers is a legal force, the court martial heard yesterday. However, its illegal operation was a retaliation against harassment by the members of Brigadier-General Nuia's Special Operations Group, the former Defence Force Chief, Colonel Jack Tuat, testified yesterday. Col Tuat said the SFU was established through a Cabinet submission and has the power to carry out special functions under the direction of the commander or the prime minister. Five soldiers - Major Walter Enuma, commander of the Sandline Operation Rausim Kwik, Captain Bola Renagi, the SFU commander, Captain Belden Namah, Lieutenant Michael David and Second-Lieutenant Linus Osoba, are currently being tried for mutiny for leading a military operation on July 28. Col Tuat, who was the acting commander during the Sandline crisis, also said amnesty for the soldiers who were involved in the Sandline affair had not been granted as promised by Prime Minister Bill Skate when commander Nuia was under house arrest. He said the SOG was raised by Brig-Gen Nuia to subdue any operations of the SFU, especially in relation to the Sandline affair and its aftermath. The court was also told that 13 soldiers who were dismissed for failing to perform duties were reinstated during the time of the Sandline crisis, and later some of them were deployed in the SOG. The lawyer representing the five accused, Powes Parkop, said eight soldiers out of the 13 were illegally deployed in the SOG. Col Tuat testified that on July 28 this year, he saw SFU troops manning Murray Barracks gates and informed fellow officer Colonel Eric Ani. He said he then called a meeting with his officers to address the problems including the house arrest of Brig-Gen Nuia. Present were Major Enuma, Captain Renagi and Captain Namah as well as the lawyer representing sacked commander Jerry Singirok, Peter Donigi. Col Tuat said he had given time for Mr Donigi to explain the legal interpretations. The meeting then decided on three courses of action - free Major Enuma from any defence charges, release Brig-Gen Nuia and the other officers who were under house arrest, and seek pardon and amnesty for the soldiers who were involved in the Sandline affair. ==================== Sir J's petition hangs by a thread By DANIEL KORIMBAO PORT MORESBY: The fate of an election petition filed by former prime minister Sir Julius Chan hinges on a technicality involving the date on which an amended version of the original petition was filed. Sir Julius, who lost his Namatanai seat to cousin Ephraim Apelis in Election '97, lodged an appeal last month against his defeat, alleging undue influence and bribery as the cause of his downfall. The veteran politician also accused the Electoral Commission of misconduct during the election and named them as second respondents in the petition. Sir Julius filed the petition on Friday, Aug 8, 1997, 39 days after Mr Apelis was declared winner. Computing from June 30, 1997, the date of declaration, the 40-day period for petitions to be filed for the Namatanai seat expired on Aug 9, 1997, a Saturday. On Monday, Aug 11, 1997, the leader filed an amended version to that petition, two days after the mandatory expiry date. In court yesterday, lawyers representing Mr Apelis and the Electoral Commission argued that the amended petition, which effectively replaced the first one, was filed outside of the required 40 days and therefore should be struck out. Lawyer Camillus Narokobi, appearing for Mr Apelis, said practice directions on election petitions clearly state that petitions and any amendments must be filed within the 40-day period after the declaration of results. Mr Narokobi said the rules on timing were rigid as required by the Organic Law on National Elections, and the 40-day period was inclusive of weekends and public holidays, and could not be computed in any other way. He said tests cases in the past clearly showed that the court could not waive the grace period for whatever reason, not even to accommodate amendments. He said the amended petition completely repealed the original, and therefore should be thrown out as it was filed two days after the permitted 40-day period expired. Professor John Nongorr, appearing for the Electoral Commission, supported the call to dismiss the petition. Prof Nongorr said the Constitution and the practice directions clearly state that the 40-day period can not be extended for anybody. The amended version having replaced the original, Prof Nongorr said, there was only one petition before the court, and that it was filed out of time and should be dismissed. However, Sir Julius' lawyer, Michael Wilson, said he filed the original petition on the 39th day (Friday, Aug 8), and was to file the amendment on the 40th day (Aug 9) which was a Saturday. Unfortunately, Mr Wilson said, the National Court Registry did not open on Saturdays, and as such he couldn't do anything except wait until Monday. He said his client was entitled to the full 40-day period, and clearly he was denied that right when the registry did not open on Saturday, saying also that it was not his client's making that the 40th day should fall on the weekend. But Prof Nongorr argued that apart from the 40th day itself, Sir Julius had 39 other days to lodge the petition and the amendments. He said there was no valid reason to justify why the petition was filed too late. Justice Salamo Injia, presiding over the disputed returns case, said he would hand down a ruling on Monday. Both Sir Julius and Mr Apelis were present in court to hear their respective counsels' arguments. Chief Sir Michael Somare was also in court to lend support to Mr Apelis and son Arthur, whose win in Angoram is being challenged by Sir Julius' man Ludwig Schulz. Arthur Somare wants the court to throw out the petition on similar grounds as those pleaded by Mr Apelis. The court will also rule on this case next week. ======================== Experts warn on toxic chemicals By PETER KORUGL MOUNT HAGEN: Lack of proper surveillance and sophisticated equipment to test dangerous chemicals imported to Papua New Guinea could lead to serious long-term consequences for the people and the environment, environment experts have warned. The experts said the Environment and Conservation Department which polices the Environmental Contaminant Act relies heavily on private companies to report on the type and quantity of chemicals they use in their operations. "And they are not always reliable. They don't provide up to date data to help us understand the volume of chemicals used and the effects these chemicals are having on the country," acting head of environmental science at the University of Papua New Guinea, John Duguman, said. The experts said all industries including mining, forestry and agriculture - the three main revenue earners for PNG - use chemicals in their operations and most of these chemicals are toxic which can kill instantly if abused or can cause long term defects to the human body and the environment when used recklessly. There was an urgent need for a modern laboratory to be set up in PNG to test all chemicals imported to monitor their quality, they said. "It is necessary for us to know that the chemicals our people are getting such as pesticides or fungicides are the right type and of the right quality," Lois Kesu, acting head of the water resource branch of the Environment and Conservation Department said. "There could be companies here who could be buying cheap and unsuitable products from sources we don't recommend and change the labels once they get into the country." Ms Kesu said repeated submissions by the Environment and Conservation Department for funding for a laboratory which would cost thousands of kina had been rejected. She also said the department was concerned over the shortage of manpower to maintain an effective check on chemicals entering PNG because the only staff member empowered to carry out this task was based in Port Moresby. Ms Kesu said that lack of funds also made it impossible for this officer to move to other ports and Customs officials were of no help because they did not possess the technical expertise necessary to carry out such checks. Experts also said the volume of different chemicals used by various industries had increased. In the Highlands, a major coffee growing region, farmers used Gramoxane and Roundup - two popular fungicides - to kill weeds and the concern here is that they are using the stuff without giving serious thought to the consequences these chemicals can have on their lives and the environment. "Lack of education is the other important aspect of the whole issue. All chemicals are supposed to be labelled in a language that is understood and even when that is done, no-one bothers to read them and take the necessary precautions," Ms Kesu said. University academic Mr Duguman pointed out that there was a great potential for large scale environmental impact on the use of these chemicals in light of all these anomalies. "Let's just say there is a great potential for these chemicals to have serious long term implications on the country. We need to address these concerns," said Mr Duguman. He said when associate Professor David Mowbray was with the University of Papua New Guinea, he tried to create a chemical management profile where all information regarding the import and use of chemicals and who was involved was to be recorded but the response from private companies had been poor. ================ Mine to replace tailings system PORT MORESBY: The under-sea tailings disposal system at the Misima gold mine, part of which was damaged recently, will be completely replaced. A new mixing tank and underwater piping have been designed and ordered, and the new system is expected to be operational before the end of the year. In the meantime, the existing system continues to function well and there has been no disturbance to the usual pattern of under-sea disposal of tailings. Mineral Resources Minister Ian Ling-Stuckey visited Misima Island on Saturday, to talk with landowners and make a first-hand inspection of the mine. The Minister was shown the area of the sea where the tailings system operates. And he was informed by Misima mine officials that a section of the pipeline at the lower end had broken away earlier in the year following a natural disturbance on the sea floor. There was no visible sign on the surface of the sea, although the disposal of tailings was continuing, and the Minister expressed satisfaction that the system would be replaced, and that no damage had occurred. The small stream of tailings that comes from the mine is mixed with sea water before being disposed of at a designated depth of 112 metres. This is considered much safer than storing tailings on land, particularly on an island where level ground for gardening or other village developments is scarce. Mr Ling-Stuckey also visited the mine pit, where he was informed that mining was scheduled to end within about eighteen months, after which stockpiles of low grade ore would be processed for some years. The Misima mine is now directing its efforts towards rehabilitating former mine land, and creating garden and forest belts for future use by the Misima people. The Minister was also told that the mine employed 750 people, about 100 of whom were from overseas. When mining stopped, the number of outside workers would drop even further. About 600 Misimans have been trained to operate all the processes of the mine, since work began in 1989. The project has built infrastructure including classrooms, a high school, hospital, water supply projects, roads, a wharf, an airport and small boat landings to assist coastal villagers. ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytenv-10.09.97-13:13:37-3321