Institutions and Legislative Reforms

Transcription

1 INDEPENDENT STATE OF PAPUA NEW GUINEA Constitutional and Law Reform Commission Institutions and Legislative Reforms Dr Eric Kwa, PhD Secretary CLRC (CPA Conference, Gateway Hotel, POM 17 th November 2016)

2 Outline Introduction What is CLRC What is the role of CLRC? Transforming the Law Who we are working with? Some of the significant legal reforms to date Our work on commercial law Partnership with CPA to Review Accountants Act Where to from here?

3 Introduction The theme of this year s Conference is Bridging Expectations with Reality: 2017 and Beyond This is a rhetorical topic -So what are the expectations? -And what is the reality? -In fact where does the reality begin? On 17 Nov 2016 or 1 Jan 2017? My topic is basically open ended So I will begin First with Reality and then Secondly talk about CLRC s Expectations from 2017 and beyond I adopt this approach as a law reformer

4 What is CLRC? May of you may not know what the Constitutional and Law Reform Commission (CLRC) is CLRC is a Constitutional Office established under Schedule 2 of the Constitution and the Constitutional and Law Reform Commission Act 2004 CLRC is therefore one of the Constitutional Offices in the country because it is created by the Constitution It came into operation in This year marks CLRC s 10 years in existence CLRC is the successor of the Constitutional Development Commission and the Law Reform Commission

5 What is CLRC s Primary Role? CLRC has three primary functions: 1. Review the Constitution of PNG 2. Review the laws of PNG 3. Monitor the Development of the Underlying Law CLRC reviews the Constitution on the direction of the Governor General CLRC reviews a law through- 1. TOR from Minister for Justice 2. Referral by Parliament 3. Request by Government Depts, agencies and organisations 4. Proposals by the Public CLRC monitors the development of the Underlying Law by reviewing the work of the Judiciary In the performance of our functions, CLRC is not bound by the direction of any person

6 Transforming the Law PNG currently has about 1861 laws in existence Of the 1861 laws, 522 of them are of colonial origin CLRC is mandated to review and transform: 1. the 1339 laws; and 2. the 522 laws; and 3. develop new ones Chief Secretary early this year asked us to review these 1861 laws WITHOUT any funding But CLRC is prepared to take on the challenge and start with the reformation of 67 colonial laws beginning 2017

7 Who CLRC is working with CLRC underpins its work on openness and partnerships. Collaboration is key to the success of our law reform work. CLRC s modus operandi is open and public participation Law affects people and institutions, thus public opinion is critical to the work of CLRC We work with and across Government Departments and agencies, Constitutional Offices and non-state actors We also promote, encourage and strengthen partnerships and networking between Government and non-state actors in the majority of our work

8 Departments CLRC Working with Dept of Finance Depart of Health Depart of Prov Affairs Depart of PM&NEC Depart of Labour Depart of Com Dev Correctional Services Defence Force Depart of Trade & Commerce Depart of Justice Environment & Cons (CEPA) National Forest Authority Depart of Lands Agencies CLRC working with Ombudsman Commission Auditor General Registry of Political Parties Civil Registry National Statistical Office National Fire Service Office of Bougainville Affairs ABG PAU ELCPNG CPA NCW NISIT Climate Change & Dev

9 Significant Legal Reform to Date CLRC has made some significant progress on some legislative reforms including: 1. Voluntary Customary Land Registration 2. NID 3. Sorcery (repeal of law) 3. Mine Tailings 4. Child Welfare (Lukautim Pikinini Act) 5. OLIPPAC 6. Provincial Government Reforms 7. PFMA (Amendment) 2016

10 Our work on Commercial Law Since its inception in 2004, CLRC has been actively engaged in contributing to laws relating to commercial law. These include: 1. Tourism Promotion Authority Act 2. Intellectual Property 3. Land Reform (opening up customary land, ILGs, SABL, NO foreign ownership of land) 4. PFMA (demarcation between Finance and Treasury) 5. Audit Act (Auditor General s Office) 6. Forests and Carbon Trade 7. Foreign Investment Review Board 8. Franchise 9. Provincial Govt Reform (K10 mil cap for SME)

11 Partnership with CPA to Review Act The CPA Board has written to CLRC and we have agreed to review the Accountants Act AT NO COST to CPA CLRC and Dept of Finance have agreed to support CPA to complete the review and have it put to Parliament before it rises for the 2017 Elections Work has begun with initial meetings and will continue after Conference

12 Where to from Here? You will now note from my presentation that CLRC is working on the reality of today with the expectation that these legislative reforms, will create a better society for ourselves and our children tomorrow I hope that you will find your place in these institutional reforms being pursued through the law to succeed

13 For more information contact: Dr. Eric Kwa, PhD Secretary Constitutional and Law Reform Commission P O Box 3439 BOROKO National Capital District Ph: / Fax: ericlkwa@gmail.com