CLA News / Loretta Damien and Peggy Ilu, Joint Young Commonwealth Lawyers Association Representatives for Papua New Guinea, report on CLA activity in PNG

23/09/2024
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The CLA in Papua New Guinea has been busy during August and September 2024, either participating in or leading events, including:

18 – 21 August 2024 – 10th Asia-Pacific Mediation Forum (APMF) Conference

Lawyers from around the world convened at APEC Haus, Port Moresby for their 10th biennial forum. The theme of the Conference was “Regional Challenges, Regional Solutions, Global Outcomes: Using Mediation to Resolve Environment and Climate Change Disputes.”

The conference, organised by the PNG Judiciary and PNG Centre for Judicial Excellence (PNGCJE) and was a big success and the topics ranged from the threats, impacts and solutions to climate change; using custom and technology to settle environmental disputes; climate change and environment litigation and mediation; observing environmental rule of law; legal and judicial education on environmental law, climate change and mediation.

The CLA was well represented on the speaking panels including:

  • President Dr Maynard KC who spoke on the role of lawyers in climate litigation and mediation and chaired a session on the climate change emergency as an existential threat, challenges and solutions at which Dr Srirak Plipat, Asia-Pacific Regional Director of the World Justice Project (WJP) also spoke.
  • John McKendrick KC who spoke on several topics including delivering environmental justice through other adjudication schemes, legal education and training on environmental law, climate change and mediation and also chaired a session on appropriate forums for resolution of environment and climate change disputes.
  • Mark Fenhalls KC who spoke on the role of lawyers in climate change litigation and mediation and also on legal education and training on environmental law, climate.
  • Fiona Ey, Samoa Council Member, who spoke on inter-generational climate justice and children’s rights and Pacific customary dispute resolution as a blueprint for mediation of environmental disputes.
  • Former President Brian Speers who spoke on the case for resolution of environment and climate change related disputes by mediation.
  • Former Australasia VP Steven Thiru who spoke on different approaches to mediation in Asia, with a focus on Malaysia and native title.
  • PNG Council Member, David Denniston, who co-chaired the session on Policing and Enforcing Environment Rule of law through use of technology and mediation.
  • Many other CLA members who attended and also spoke at the conference.

The conference also provided for many bilateral meetings between CLA Council Members and judges, academics, barristers and lawyers from across the Commonwealth and elsewhere.

At the end of the conference, the CLA and friends met for dinner and further strengthened relationships and discussed shared priorities.

21 August 2024 – World Justice Project and the CLA launched the initiative to include PNG in WJP Rule of Law Index

The launch included keynote speeches from CLA Partner, Dr Srirak Plipat, WJP Asia-Pacific Regional Director, the PNG Minister for Justice & Attorney General, Honourable Pila Niningi, PNG Chief Justice Honourable Gibbs Salika, CLA President Dr Peter Maynard KC, Mark Fenhalls KC and John McKendrick KC.

Other stakeholders who spoke of the importance of understanding and measuring the status of the rule of law in PNG included USAID, DFAT, PNG ICAC and other PNG and South Pacific judges and lawyers. In all, the meeting was attended by approximately 80 stakeholders.

21 August 2024 – Visit to the PNG Legal Training Institute (LTI)

Mark Fenhalls KC and John McKendrick KC visited the LTI and spoke informally to 98 students plus staff on the role of lawyers in society and careers. This visit was very warmly received, as was an earlier visit by CLA President Dr Peter Maynard KC in February 2024.

22 August 2024 – CLA meeting with Australian High Commissioner to PNG Mr John Feakes

Former CLA President Brian Speers and PNG CLA Council Member David Denniston met with the Australian High Commissioner to PNG and his senior law and justice ministers and discussed the role of the CLA in PNG and around the world and expressed a desire to continue to support each other where possible, as we did with our 3 September 2024 CLE.

3 September 2024- PNG CLE on Commercial Law & Disputes

The CLA, with the support of the PNGCJE, the Bar Association of Queensland, the PNG Law Society and the PNGAus Partnership, hosted its second annual continuing legal education (CLE) at the Crown Hotel, Port Moresby. With 280 attendees and 401 online, the CLE was another success, with accomplished legal professionals and judges presenting on commercial law and disputes topics, including PNG investment law issues, project area landowner benefits, competition law, judicial review & PNG’s new arbitration laws.

The CLE can be viewed at: https://www.youtube.com/live/H8B2Gtb4oyY and was covered by the Post Courier on 5th September  and 12th September 2024.

Loretta Damien and Peggy Ilu, Joint Young Commonwealth Lawyers Association Representatives for PNG