Marthinus Kambu for and on behalf of other 946 West Papua v Sir Pita Lus and The Independent State of Papua New Guinea (2010) N4437

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2010) N4437
• Date: 12 October 2010
• Docket Number: OS 518 of 2009
• Year: 2010

Full Title: OS 518 of 2009; Marthinus Kambu for and on behalf of other 946 West Papua v Sir Pita Lus and The Independent State of Papua New Guinea (2010) N4437

National Court: Salika, DCJ

Judgment Delivered: 12 October 2010

PRACTICE AND PROCEDURE—motion by first defendant to set aside orders of the Court restraining the first defendant from evicting the plaintiffs- first defendant as a private citizen allowed plaintiffs to settle at first- first defendant intends to develop land and therefore issued eviction notice- PNG government failed to meet international obligation as signatory to various refugee conventions - plaintiffs have no basis to be on private property except by the grace of the landlord - orders in terms of notice of motion filed on 26th October 2009 granted.

12 October, 2010

1. SALIKA DCJ: By a notice of motion filed on 26 October 2009 by the First Defendant through his lawyers, the First Defendant moved for orders that:-

“ 1. Pursuant to O.12 r.8 of the National Court Rules made orders on or about 2 October 2009 be set aside.

2. Pursuant to O.12 r. 40 of the National Court Rules these proceedings be dismissed.

3. Such or other orders deemed necessary.

4. Costs

5. Time for entry of these orders be abridged to time of settlement by the Registrar which shall take place forthwith.”

2. The facts in this matter are sensitive and perhaps needs the Executive Government’s intervention and assistance. This is because while PNG is a signatory to international treaties and conventions, treaties and conventions do not form part of PNG laws pursuant to s117 of the Constitution. Moreover, the United Nations, the body responsible for the plight of the refugees has not said or done much to help these people. Having said that I now go on to address the facts surrounding this matter.

3. The principle plaintiff Marthinus Kambu is originally from the West Papua Province of Indonesia. Documents on file show that he was granted PNG citizenship on 19 June 1992. There is no evidence as to whether the other plaintiffs have been granted citizenship by the government of PNG. I raise this because while Marthinus Kambu is a PNG citizen the others are not and therefore the obligation of the PNG government to these people as they appear to be refugees. Marthinus Kambu is not a refugee and therefore the United Nations Convention and Protocol on...