Shy of debate, PNG politicians face jail

Port Moresby: Papua New Guinea MPs may be jailed or fined for breaching the constitution.

The MPs have breached the law by not sitting for the minimum 63 days in parliament in the past 12 months.

The parliamentary year began on July 30, 2003 and will end on Thursday. Parliament has so far sat for 53 days. It last sat on July 9 and will resume on Monday.

The Ombudsman Commission, which is considering the action against the MPs, said that with only four sitting days left next week, MPs would fall six short of the minimum.

"The parliament is the frontline democratic institution of this country. When the leading democratic institution in the country defies the constitution, we have a serious problem on our hands," the Chief Ombudsman, Ila Geno, said this week.

He said he had considered whether parliament's failure to meet for the required number of days could be justified by an impending vote of no confidence, and found no proper reason for the parliament not doing its duty.

Mr Geno said that because the constitution had been breached, the commission might file fresh proceedings in the National Court to penalise or sanction individual MPs for breaching the law.

The matter would come to court by way of "enforcement" proceedings in the court under section 23 of the constitution. The MPs face fines or imprisonment.

Section 23 states that where any provision of a constitutional law prohibits or restricts an act, or imposes a duty, then unless a constitutional law or an act of parliament provides for the enforcement of that provision, the National Court may impose a sentence of imprisonment for a period not exceeding 10 years or a fine of up to 10,000 kina ($4460).  The Prime Minister, Sir Michael Somare, is to meet the Prime Minister of the Solomon Islands in Port Moresby next week to sign a joint border agreement. The two countries have for years tried to formalise a border treaty. The Bougainville crisis and the Solomons ethnic conflict have been responsible for delays.

The treaty will be the basis of further negotiations on specific issues, including immigration.