Review to give extramarital children equal rights

By MATTHEW VARI 

Sunday, August 7, 2015 (Sunday Chronicle, PNG) 

CHILDREN born through extramarital affairs will now be the subject of a review in the Civil Registration Act to redefine the status of extramarital children to be included to have equal rights as legitimate children of recognized marriages.

Speaking to the media on Wednesday, Constitutional and Law Reform Commission Secretary, Dr Eric Kwa made the intentions of his office known to address issues of the innocence of children getting entangles in marital issues of adult and to that of inheritance in a new line of landless Papua New Guineans.

“We are also going back to the Civil Registration Act to review because we are now thinking that under the New Marriage Act now, there need a new definition,” Dr Kwa said.

“It means that if a man has got a new mistress, he cannot have another wife because the definition states a marriage as between one man and a woman.”

“So what happens to all the children as the man has moved out and is now having a relationship and now the Marriage Act still protects the first wife, but then children are born to the other woman.”

“We are now trying to push for an amendment to the Civil Registration Act that children of the other woman are the children of the father, they cannot be isolated.”

“They cannot be done away as children from another woman- as long as they are from the father in concern.”

Kwa pointed out the innocence of children in such situations regardless, with their rights tp belong to a father and mother, which he said affects the inheritance of the children regardless of their status.

“It then affects the issue of inheritance, because what we did in 2009 under Land Law where customary landowners are able to register their customary land.”

“So to put it in perspective when the father is registered and now he has this child on the side- the child is now fatherless.”

“So if he goes to his mother’s side and her family asks him who is father is- than this child is left stranded so we will have kids who become adults who eventually become Papua New Guineans who become landless with no land.”

He added that in reviewing the definition to include extramarital children- the Wills and Probate Act will also be reviewed to accommodate the rights of such children.

“If you are registered under the name of your father, than him being a member of a clan that has rights to land- even though your mother was married to your father under custom or in the church- you the child still has a right to your father’s land, because it is not your fault.”

“You didn’t come by yourself- it is two people who decided to bring you here and you are not to be blamed as a child of that decision.”

“Those are the kind of reforms that we are pushing through to ensure that we protect the children, despite disruptions to marriages, families- it is human behavior but by law we stabilize the system so that it protects.”

Women to have more teeth in divorce settlements

By MATTHEW VARI

Sunday, August 7, 2016 (Sunday Chronicle, PNG)

MARRIED women in the country are set to have just as much as men in the settlement of divorces in the country when amendments to the Marriage and Divorce Act may take effect as early as next week’s parliament sitting if passed by the house.

Constitutional Law Reform Commission Secretary, Dr Eric Kwa, made the changes known when referring to the state of divorces in the country that stigmatizes the rights

“In context of PNG culture a lot of mothers’ merry employed men and they both make a family and over time they break up the marriage or even the woman leaves her job to look after the family and children,” Dr Kwa explained.

“And then the husband decides to divorce her after 20 to 25 years or even 10 years and walks away with all the assets from the car, fridge, to the house.”

“The new amendment that we are pushing through and hoping for it to go through next week is the amendment to the Divorce Act to say that the women- her contribution by looking after the family equates to equal rights to the assets and property of the husband.”

“So if the divorce takes place everything has to be split down the middle. She cannot be chased out.”

He said the amendments are also in line with the Family Protection Act, under domestic violence, as is usually the case when the father is angry, he kicks out the wife and children.

“Under the act we will say no, you get out the wife and children stay. So in the context of these reforms we are saying if you want to remove the wife, you must remove her along with assets like the home to her.”

“So if you want to take your number 2 woman or mistress- the first wife remains the original owner as much as you are, through marriage, even though the title may be under the husbands name under the Lands Department.”

“This is to give some protection to the woman because of the situation of such the women are the main victims of. “

Kwa also added that since the elevation and inclusion of customary marriages since 2014 to be registered under the Civil Registry Act- he said that even divorces in the villages will apply if the customary marriage has been register with Civil Registry.

“Even in the villages if they want to kick the mother out of the customary land she can produce her marriage certificate as a part of the clan and they own the land.”

“It is to strengthen families and women who are the main victims,” Secretary Kwa said.

Report pushes for ban on waste dumping in rivers

Caption: Dr Eric Kwa (third from left) with staff from CLRC pose with the report.

By MATTHEW VARi

Sunday, August 7, 2016 (Sunday Chronicle, PNG)

THE National Government has been urged to act on following the release of the report on the review of environmental and mining laws relating to the management and disposal of mine tailings, has recommended the ban of riverine tailings disposal in the country.

Anticipated by communities affected by mine tailings- the report has finally being completed despite initials delays since the terms of reference were given in 2007 by the State.

“This is to inform the public and inform the people of Papua New Guinea that one of the terms of reference that was given to review the environmental and mining laws relating to the management and disposal of mine tailings we have the report.”

“We have now submitted the report to the Minister for Justice and Attorney general Anno Pala, and he has received the report and we are waiting for him to present the report to cabinet to take the report to parliament.”

“The key recommendations here is to ban riverine tailings in PNG and so we hope that the government can act on our report quickly,” Constitutional and Law Reform Commission Secretary Dr Erik Kwa said.

He said the commissioner conducted the review with the mining industry- with recommendations contained initially 19 in total were moved to 18.

“They (recommendations) are basically at three levels.”

“One is about major legislative amendments to the mining act- the second is in relation to amendments to the regulations, the mining and environment regulations- and thirdly is basically administrative, ensuring that the department and the CEPA (Conservation Environment Protection Authority) improve their administrative systems to try and address the issue of mine tailings waste management.”

“The minister has received our report and he has agreed for a press released so that you can also can also inform people of PNG what the minister has said about the report.”

Dr Kwa added that the report has offered alternatives to the recommendations- one of which is the need to use tailings dams to dispose of mine tailings.

“We looked at the various technologies around and experiences around the world and we also looked at the case of Kainantu Gold where they had the case of tailings and also now with Hidden Valley Morobe mining who have also done a dam- we think it is the way to go.”

“So if these two mines have done it, then they have set the benchmark.”

“I think this is a very important report and a lot of people in the country are waiting, because it is also about river run tailings, dumping waste into the river, and as you know very well that the newest mine that might pop up is the Frieda River mine.”

“There is now a lot of discussions about dumping waste into the Sepik River, we have also got recommendations here.”

Ministerial appointments do not affect departments: Duban

Caption: Outgoing Transport and Infrastructure Minister, Nickson Duban.

 

By MATTHEW VARI

Sunday, July 31, 2016 (Sunday Chronicle, PNG)

NEW Minister for Petroleum and Energy Nickson Duban has said despite any changes in ministers- department will continue to operate unhindered.

He made the comments when asked about public perceptions that may cause concern over the operation of public departments in the country during the handing over of his former ministry of transport and infrastructure.

“The way I see it is that departments are institutions guided by their own objectives. We are critical heads- our job is to provide insight at the ministerial level,” Minister Duban said.

“Whether you have 10 ministers at one time does not change the department and so the focus of the department must be the focus of the minister.”

“Only on rare occasions the minister may put an intervention because they may have already identified another opportunity that may be parallel but need to be incorporated into the department.”

He said as minister, the respect for departments as key institutions that must provide the basis for leadership and ministers must try and appreciate the core functions of the department.

“Only then we cannot allow departments to progress. If you look at the next 10 months people thinking it is going to be an election year and people preparing for election- they lost track of the future of this country which evolves beyond the five year period.”

“Five year period is a political cycle; departments do not operate on a 5 year cycle they operate more longer than that.”

“As ministers we are bound by those virtues to ensure that departments must achieve things like their corporate plans like the department of transport.”