Building law enforcement capacity in Pacific island states
In Chapter 2, the committee acknowledged that the most serious threats
to Pacific security come from within states. The committee considered how
unemployment, inter-ethnic tensions, land ownership, gender inequality and
political instability have manifested in conflict in the form of serious crime,
rioting, coups, land disputes, property damage and violence against women. This
chapter examines the capacity of Pacific island law enforcement agencies to
respond effectively to these forms of civil unrest on a day-to-day basis.
Moreover, because it is critical that all aspects of the law and justice sector
work together, from policing through to prosecutions, the committee also
considers the effectiveness of the region's justice sector. In so doing, it is
necessary to consider the relationship between the formal and informal justice
sectors, common in many Pacific island states.
Policing capability across the Pacific
There are 14 police forces operating across the Pacific, not counting
forces in Australia and New Zealand. The total number of police officers is
approximately 8,500. Some states have police forces that are relatively large,
while others maintain forces with significantly smaller numbers. PNG, for example, has a force of approximately 4,700, while Niue has a force of only 15. PNG has
approximately one police officer for every 1406 head of population, while on
aggregate, Pacific island states have approximately one police officer for every
359 head of population (see following table).
A further aspect of regional policing is that many police forces require
an ocean-going naval/policing capacity. Assistant Commissioner Frank
Prendergast, Australian Federal Police (AFP), noted, for example, that because Solomon
Islands is a chain of islands, 'any sustainable policing model in the Solomon
Islands has to have a maritime component'.
This will also be the case for other archipelago states like Vanuatu and
Figure 3.1 Police force numbers in Pacific Islands
Forum states (estimates only)
Federated States of
Republic of Marshall
Papua New Guinea
* Estimates suggest that Fiji will have 3097 police
officers by 2010.
With respect to the law enforcement capability of these forces, the AFP explained
that because police forces are resourced in different ways, and may come from
different traditions, it is difficult to offer a 'broadbrush assessment' of
The sovereignty of these nations ranges through republics and
federations to traditional custom regimes and as such, the character of
policing varies extraordinarily across the region. Common to most is that at
the community policing level, the police forces have the capacity to deal with
general crime but are often limited in their ability to respond and investigate
due to resourcing and development issues.
The lack of human capacity across all sectors of the economy was a
dominant theme in Volume I. In brief, the committee found weak, inefficient or
poorly resourced government agencies unable to deliver essential services
effectively. It also found that ill-equipped bureaucracies in the region had
difficulties providing important services where technical and advanced
technology was required.
Consistent with this broad finding, the committee received evidence suggesting
that some states struggle to resource adequately domestic policing
organisations and do not have the capacity to maintain effective law and order
within the community on a day-to-day basis.
With regard to PNG, DFAT advised that law and order remained a significant
problem and that police capacity was limited.
Mr Garry Tunstall, Australia and New Zealand Banking Group, suggested that PNG
required considerably more personnel on the ground:
...policing has just had an increase in funding by the PNG government to help support it. But it was only minor—of some 3 million kina, I think. The
reality is there are a very small group of people on the ground compared to what
we would require in Australia...
Mr Tunstall also identified the need for the private sector to make
their own provisions for security:
As an organisation, in the last 18 months we have had two kidnappings
of groups of staff, which is quite serious. We have also had rumours of
robberies. We have to employ armed security guards for all cash shipments. The
cost of doing business up there is quite horrendous in terms of having those
armed security guards and also from a timing perspective. So it is quite
Mr Tunstall proceeded to explain that while criminal activity also
affects business investment in other countries of the Pacific, he felt that
policing operations in Vanuatu, Samoa and Fiji were 'much sounder and stronger'
than in PNG.
Across the Pacific, policing and law enforcement agencies are required
to operate in parallel with other community norms, social structures and
cultural traditions. Pacific communities place high value on kinship ties and communal
rights and in many instances the rights of the individual may be subordinate to
the needs of the community. These communities may therefore prove more
responsive to a community policing model.
The AFP informed the committee that many Pacific island states favour a
community policing model whereby community members bring law and order problems
to the attention of police:
Community policing is a major focus of Pacific island law
enforcement agencies, and the community focus of Pacific communities lends them
to being receptive to this type of law enforcement engagement. The Pacific
island peoples are resilient and traditional social structures often serve as
an alternative or additional mechanism to ensure community harmony and to
engage criminal offenders outside the formal justice processes...Members of law
enforcement and border security agencies must be aware of customary laws and
cultural diversity while still enforcing government legislation.
While the AFP acknowledged that community interaction and support could
help control crime, it also expressed concern that traditional social
structures may impede effective law enforcement, particularly when kin
loyalties are involved:
Whilst acknowledging the strength of community conflict
resolution mechanisms, it must be noted that in many countries such mechanisms
are inequitable, involving practices which conflict with human rights standards
and basic rule of law principles. High rates of domestic violence are tolerated
throughout the region, impacting upon the participation of women in social,
economic and political life, as well as upon the national economy, by placing
high demands on health and legal services.
In some communities, modern policing models also operate in parallel
with customary law and traditional notions of justice like 'shame' and
The interaction between the traditional and formal justice sector is explored
in more detail below.
Regional efforts to improve law and order
The Pacific Islands Chiefs of Police (PICP) is responsible for
addressing policing issues across the Pacific. Police services from 21
countries and territories across Melanesia, Polynesia and Micronesia belong to
this organisation, including Australia and New Zealand. Within member countries
and territories, there are more than 75,000 serving police officers (this
includes Australia and New Zealand). New Zealand Police supports the permanent PICP
Secretariat which provides advice and assistance to members.
The PICP works to enhance and improve policing and communication in the Pacific
by promoting and providing a voice on law enforcement and social policy
concerns. It also convenes an annual forum at which Chiefs of Police share
information and intelligence to counter transnational crime in the region and
seek to promote cooperation in the region. In addition to its information
sharing, awareness raising and strategic planning initiatives, the PICP also
contributes to police training.
At the 38th Pacific Islands Chiefs of Police meeting, held in PNG in
September 2009, chiefs discussed matters including: the development of use of
force policies, armouries projects, HIV, domestic violence, forensic fingerprinting,
deportees and future directions in policing. The theme of the conference was
'Youth in the Pacific' and chiefs resolved to complete an assessment of youth
programs currently being used in the Pacific in order to make that information
available to all jurisdictions so they could adapt those programs to their own
There have been other regional initiatives to help develop the policing
capacity of Pacific island states. Under the Pacific Plan, emphasis is placed
on the strengthening of law enforcement training and coordination.
Within the Pacific Islands Forum Secretariat, the Law Enforcement Unit also
provides policy, coordination and capacity development advice to the Pacific
law enforcement agencies.
Australian efforts to improve law and order
Australia's official development assistance (ODA) was discussed in
detail in Chapter 16 of Volume I of this report, noting that Australia's
spending on governance in the Pacific accounted for approximately half of the total
ODA for the region.
The table below provides a breakdown between security and non-security related governance
sector spending expenditure for years 1998–2008.
3.2 Australian ODA expenditure for governance sector in the Pacific and PNG
This breakdown shows that expenditure for security-related governance
programs has risen substantially since 2003 and makes up a significant
proportion of Australia's governance ODA. Of that, security-related governance
aid amounted to nearly two thirds (62.5 per cent) in 2007–2008. The
security-related expenditure includes: legal and judicial development programs;
police force capacity building; corrections services capacity building;
assistance for customs services and border management; and defence cooperation
It should be noted the amount of security-related aid has been substantially
increased as a result of Australia's commitment to RAMSI. Through RAMSI,
Australia provides assistance for policing, corrections and various aspects of
the criminal justice system.
International Deployment Group
The AFP's engagement with the Pacific takes place through International
Deployment Group (IDG).
It maintains a body of permanent officers across the Pacific. At the time of
its submission, the AFP maintained Senior Liaison Officers (SLOs) in Port
Honiara (Solomon Islands), Port Vila (Vanuatu) and until September 2008 had a Law
Enforcement Capacity Development Advisor at the Pacific Islands Forum
Secretariat in Suva (Fiji). The AFP also maintains an SLO and Liaison Officer
(LO) in Suva whose countries of responsibility include: American Samoa, Cook
Islands, French Polynesia, Nuie, Kiribati, Samoa, Tokelau, Tonga, Tuvalu,
Wallis and Futuna. Additionally, the AFP also allocates advisors to the Pacific
Transnational Crime Coordination Centre (Apia, Samoa) and the Micronesia
Transnational Crime Unit (Pohnpei, Federated States of Micronesia) and a
Project Manager to the Pacific Islands Chief of Police Secretariat (Wellington,
From 1 January 2009, the Pacific Police Development Program (PPDP)
became the primary vehicle for AFP engagement with the Pacific. The PPDP is
responsible for Australia's ongoing police capacity building activities in the
Pacific. The AFP described the PPDP as a 'policing development program' aimed
at 'strengthening bottom-up capacity development of policing agencies'.
The program will work closely with the Pacific Islands Chiefs of Police (PICP)
through the PICP Secretariat. The PPDP works with the Transnational Crime
Network (outlined in the following chapter) that offers a top-down focus on sophisticated
and organised crime. This is explored further in Chapter 7.
The 2009–2010 Budget Papers explained the way this assistance is
delivered on both a bilateral and multilateral basis:
The Pacific Police Development Program provides capacity
development and development assistance to Nauru, Samoa and Papua New Guinea.
The program also incorporates a multilateral program of support to all other members
of the Pacific Islands Forum, with the exception of Fiji. The principal deliverable
is to establish a robust policing capability in the Pacific region.
The AFP further explained that the program has been developed in close
consultation with Pacific nations. Funding for the PPDP until 2011–2012 is as
Currently, the IDG is involved in regional and bilateral missions in
Solomon Islands (RAMSI), PNG, Nauru and Tonga. The committee's 2008 report into
Australia's involvement in peacekeeping operations examined the role of the IDG
in detail, noting that the IDG has been designed, in part, to ensure regional
stability and enhance the policing capacity of Pacific island states.
At that time, the committee recognised the 'pioneering nature' of the IDG and
formed the view that the AFP was:
...at the forefront in developing a broad-based capability to
assist other countries to deliver an effective policing service.
In offering evidence to this inquiry, the AFP described the role of the
IDG in the following terms:
...the AFP IDG represents a maturing example of a fully
deployable international policing capability, and probably one of the only
examples of a fully deployable international policing capability in the world
which has expertise in both peace and stability operations and police capacity
building. Through the IDG and the international network, the AFP is supporting our
Pacific neighbours as they face a range of security, crime and development
Assistant Commissioner Prendergast further suggested that, in
undertaking this work, it was critical that the IDG work closely with
indigenous policing agencies to create the type of police force that is
appropriate for each jurisdiction:
So there is no point building a First World police force in a
country that just does not have the budget to sustain that. You need to find an
appropriate model, but also based on cultural issues and sovereignty issues, so
it is a complex process and one that, I have to say, over the last five years
through RAMSI and through our involvement in East Timor, we think we have
learnt a fair bit about. One of the things we have learnt is that we need to
continually keep revisiting the issue and researching and working with our
partners to come up with better solutions.
The committee continues to support strongly the AFP and the development
of the IDG. Later in the report, the committee gives further consideration to
this deployable capability when it considers Australia's recent efforts to
respond to emergencies across the region.
Defence Cooperation Program
As suggested in Chapter 2, arms management and weapons security have
been poor in many Pacific island states. The proliferation of large numbers of
arms throughout communities has had serious repercussions for law and order and
has on occasion resulted in the rapid escalation of violence. The submission
from the Pacific Islands Forum Secretariat suggested:
While these weapons have been supplemented by home-made fire
arms, and small scale trafficking, the majority of weapons to date have been
obtained due to the lack [of] adequate control and stock-take of legitimate
stocks of weapons in Pacific Island communities.
The Defence Cooperation Program (DCP) is the primary means for Defence
engagement in the Pacific. It is primarily concerned with helping states manage
external threats to security and is examined in more detail in the following
chapters. In terms of its approach to helping improve domestic security across
the region, the DCP has been involved in several arms management projects,
particularly through major infrastructure projects undertaken in PNG and Samoa. The DCP has improved weapons security through programs assisting Pacific states
secure armouries and munition stores. The PNG Defence Force (PNGDF) Armouries
and Magazines Project has seen seven high security armouries built for the PNGDF.
The Samoa Police Project, a five-year $6.3 million project, which was
jointly funded by the DCP and AusAID, focused on the construction of an armoury
and broader institutional strengthening. When he opened the Samoa Police
Headquarters in February 2008, the Parliamentary Secretary for International
Development Assistance, the Hon Bob McMullan MP stated:
The armoury to the rear, along with training in the
management and accounting of weapons and ammunition, will contribute to
improved security in Samoa. The armoury, funded under Australia's defence
cooperation program, also supports weapons training for police officers
proceeding on overseas deployments in the Pacific region. The armoury
recognises the United Nations' focus on security of small arms in the Pacific,
and the increasing need for training for the Samoan Police being deployed to East Timor and the Regional Assistance Mission to Solomon Islands.
Defence has also funded the upgrade of armoury and magazine facilities
in Tuvalu in 2007. In Nauru, Tonga and Vanuatu, bilateral assistance has been
provided to enhance the capacity of police services to implement legislation to
control the flow of small and light weapons.
Given the success the Department of Defence has had in improving weapons
security in the Pacific, the committee recommends the Australian Government
continue to assist Pacific island countries secure their armouries and munition
The committee received limited evidence about the new PPDP (in operation
since January 2009). In its previous report into Australia's involvement in
peacekeeping operations, the committee acknowledged the important contribution
that the AFP was making in the region and in particular the excellent work done
at the Wanggirrali Ngurrumbai Centre training facility at Majura (ACT). It
noted how this venue had been used to provide joint education, training and
support to police officers from the Pacific prior to development through RAMSI.
The committee considers that there may be benefit extending the PPDP bilateral
engagement beyond the current agreements with Nauru, Samoa and Papua New Guinea.
Law and justice sector
In order to maintain effective law and order, domestic policing
organisations must be supported by robust justice systems. The Pacific Islands
Law Officers' Meeting review of 2007 identified a range of law and justice
challenges faced by Pacific island states including: limited access to legal
training, lack of judges, poorly resourced court systems, a lack of drafting
resources and reconciling European legal traditions with traditional systems of
This review found that there were significant constraints in the court
The Court systems in the Pacific are under similar pressure,
under-resourced and facing growing difficulty handling the number and diversity
of cases before them.
The Attorney-General's Department suggested that there was an 'entrenched
lack of capacity' within the PNG judicial system that has resulted in 'large
numbers of backlogged cases':
The Solicitor-General's office is under-resourced in terms of
being able to actually attend court hearings. Often people will take advantage
of that and make vexatious claims against the PNG government and, when the
Solicitor-General's office litigators cannot get to a court because they are
booked in five other courtrooms at the same time, the court has no choice but
to award in favour of the claimant.
The problems in the justice system due to a lack of resources and
capacity, access and cost are further complicated by the coexistence of a
traditional and formal justice system. The Pacific Islands Law Officers'
In addition to the many institutional challenges facing the
public legal systems in the region, there are particular thematic issues which
stand out as common challenges for Pacific island jurisdictions. Possibly the
most significant of these is the difficult interaction between legal traditions
and institutions inherited or adopted from European systems, and indigenous
forms of decision making and justice. Some Pacific jurisdictions have
established customary courts or arbitration mechanisms which operate alongside
the formal justice system, with varying records of success. For most, finding a
harmony and consistency between the indigenous and imported in both the legal
institutions and the laws themselves, remains a significant challenge.
According to Dr Tony Murney, AFP, around 80 per cent of the
population in PNG and Solomon Islands rely on traditional justice systems
rather than formal justice systems.
Dr Murney added, therefore, that traditional justice plays a significant
role in remote Pacific communities as they 'end up restoring a level of order
over a whole range of issues'.
The constitutions of Solomon Islands and Samoa officially recognise traditional
This reliance on the traditional or informal justice sector is a result
of a number of factors. The informal system provides for community-based resolutions
for conflict to many islanders living in remote areas of the Pacific. Moreover,
because of the cost, slowness and complexity of the formal system, many Pacific
islanders consider the informal system more suitable for solving local and
As suggested by the review of the Pacific Islands Law Officers' Meeting,
a major challenge facing the region is the need to reconcile the two justice
sectors. In comparing them, Dr Murney stated:
The concepts of justice are very different. Many of them would
not comply with international conventions in that, for example, children are
silent in these sorts of arrangements all too often. So are women. But what the
systems do principally is deliver a form of order and they provide for an order
that basically sustains the society at a certain functional level.
This conflict between customary and statutory law becomes a particular
problem with matters of child sexual abuse and domestic violence. Assistant Commissioner
What I am talking about is, say, a village-level justice
system where difficult issues may not be confronted in the way that they need
to be—getting the calibration right between the formal system and the informal
system, which does have a real role to play in the Pacific, and ensuring the
mechanisms are in place to draw out the issues in the informal justice sector
where they are required to be drawn out.
The AFP explained that it is important that such issues are brought out
of the traditional justice sector and into the formal justice sector.
Traditional justice systems have attracted criticism for a number of other
reasons. Dr Sinclair Dinnen, ANU, has suggested that these systems are
dominated by older men; they are 'prone to nepotism and corruption' and are often
seen to discriminate against women and young people.
Capacity building in the justice sector
Senior law makers of the Pacific make up the Pacific Islands Law
Officers' Network (PILON). The Australian Attorney-General's Department
currently hosts the PILON Secretariat in Canberra on an interim basis. The
network focuses on legal issues that are not covered in other Pacific policy environments
and provides a forum for addressing law and justice issues common to countries
within the Pacific region. PILON holds an annual meeting at different locations
in the Pacific at which delegates present a report on relevant law and justice
policy and developments in their respective countries. These reports provide an
overview of the law and justice sectors in the region and are useful in
identifying common issues facing members.
PILON is supplemented by the Pacific Islands Forum Secretariat's Law
Enforcement Unit which provides law enforcement agencies with policy,
coordination and capacity-development advice in all areas of law enforcement
The Forum has also sought to develop model legislation that can be drawn upon
to assist with reform.
A number of Australian government departments and agencies also assist in
helping Pacific island states to reform their judicial systems. The
Attorney-General's Department assists in the provision of legal policy and
legislative assistance on police and crime related issues; supports in the
drafting of legislation and the training of drafters in the region; and seeks
to improve access to legal information.
The department informed the committee that its Pacific Section, funded as part
of the PPDP, provides legislative and policy support to Pacific Islands Forum member
countries in partnership with the AFP.
The Pacific Judicial Development Program (PJDP), jointly funded by
AusAID and NZAID since 2007, aims to increase the professionalism of judicial
and court officers. For example, the Federal Court of Australia provides
workshops and training, assists in the development of new policies and
procedures and provides technical assistance.
Judicial officers from Papua New Guinea and Solomon Islands have
recently participated in orientation programs run by the National Judicial
College of Australia through the PNG Law and Justice Sector Program and the
RAMSI Law and Justice Program. The Attorney-General's Department hosts Pacific
prosecutors during their short-term placements with the Commonwealth Director
of Public Prosecutions (DPP).
In addition, the Law and Justice Sector Program in PNG aims to improve community
access to justice through the building or restoration of infrastructure or
improvement of 'legal and support services for victims of domestic violence and
The Australian Government Solicitor (AGS) has also been engaged in
assistance programs in Samoa and Solomon Islands where its activities relate to
Australian prison officers working in the Solomon Islands prison system.
AGS has agreed in principle to 'provide pro bono legal assistance' to Pacific
island countries, including legal training, legislative drafting and potentially
commercial law advice and training in legal advice writing.
AusAID, NZAID, EuAid and the University of the South Pacific have funded online
portals, or online information networks such as Pacific Islands Governance
Portal and Pacific Legal Information Institute (PacLII).
Mobile court initiative
It is worth noting attempts made by other nations of the region to
improve access to justice through a mobile court. In Timor-Leste, where the
justice system faces similar challenges to that experienced in the Pacific, a
'mobile court' is being piloted. The aim of this initiative is to improve
access to justice for people living in remote communities. In 'taking justice
to the people', magistrates travel to remote locations and use local police
stations to set up court room.
This process is similar to the mobile banking initiative trialled by ANZ Bank
in the Pacific, as outlined in Volume I.
In Volume I, the committee commended the many Australian agencies
engaged in helping Pacific island countries improve their administrations and
develop a more transparent and accountable public sector. These included
agencies and departments such as ANAO, Commonwealth Ombudsman, APRA, Centre for
Democratic Institutions, Treasury, Attorney-General's and Customs. It noted,
however, that the work of all those engaged in promoting good governance in the
region would benefit from having a framework that integrates their individual
activities into a more coherent, unified effort. It fully endorsed the findings
of the OECD peer review and AusAID's own findings that Australia's governance
program would benefit from having a single strategic policy framework that
would guide the activities of its many separate components.
Australia's contribution to policing and law and justice is a major sub
set of Australia's assistance to improve governance in the region and also
involves a number of agencies—AFP, Defence, Attorney-General's, and the
Australian Government Solicitor. Thus, the committee's observation about the
importance of having a coherent and well-integrated policy framework that links
the diverse but interconnected activities engaged in governance applies with
equal force to the security component of governance.
The committee notes that numerous government departments and agencies,
individually and in cooperation with each other, provide capacity building
assistance to strengthen the formal justice sector in the Pacific. The
committee appreciates the objectives of these programs and acknowledges the
need for them but, as it noted in Volume I, there is often room for
consolidation and cooperation between departments—and countries for that
matter. The committee considers that there is opportunity to ensure that
justice sector programs do not overlap and are better coordinated and suggests
that the Australian Government develop ways to achieve this objective.
In addition, the committee notes the comments made by academics and the
AFP regarding the role of traditional justice systems. The committee
acknowledges the complexities involved in reconciling the formal and informal
justice systems. Based on the evidence taken for this inquiry, it would appear
that any reform of criminal justice systems must take into account the role of
the informal justice sector.
In its report on peacekeeping, the committee dealt extensively with the
importance of developing a sound understanding of, and respect for, local
custom and norms and taking account of the capacity, capability and willingness
of communities to embrace change.
Thus, any Australian initiative to help improve justice sector governance must
therefore recognise that law enforcement should be consistent with the
socio-economic realities of Pacific island states and must give due recognition
to traditional justice mechanisms. Because of the capacity constraints faced by
Pacific island states, it is worth exploring ways that the two systems could
complement each other. It is also critical that traditional justice systems are
consistent with international human rights standards and that they afford
adequate protection to women and children.
The committee considers the mobile court pilot a worthy initiative that
could be trialled in Pacific islands to enhance access to justice. Such an
initiative would also further educate citizens of the Pacific about the formal
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