JUNE 15, 2023
Prime Minister Hon. James Marape presented the Defence Cooperation Agreement (DCA) between the United States of America and Papua New Guinea to Parliament for ratification on Wednesday, June 14, 2023.
In addition, he also presented the Ship Rider Agreement signed between the United States and PNG to Parliament.
Following the presentations, a lively debate on both agreements ensued, with the majority of Members of Parliament expressing their full support, including outspoken Vanimo-Green MP and former soldier Hon. Belden Namah.
The debates on both agreements, which were signed by US Secretary of State H.E. Antony Blinken and Defence Minister Hon. Win Daki in Port Moresby last month, have been adjourned to a subsequent session of Parliament.
Acknowledging the concerns of the people, particularly through students and unions, regarding the DCA, Prime Minister Marape took the opportunity to provide further clarification in Parliament.
“The Defence Cooperation Agreement, as well as the Ship Rider Agreement, are intended to address the dynamics of a robust and rapidly-changing global security environment, facilitating cooperation in fundamental areas such as defense policy coordination, research, development, joint military exercises, education and training, arms procurement, facilitation of sophisticated military technology, and exchange of classified information on new and emerging security environments and platforms,” he explained.
Prime Minister Marape highlighted the following key points regarding the DCA:
- The DCA will not compromise PNG’s bilateral relations with other countries.
- It aims to enhance cooperation synergies between the United States and PNG for mutual gains.
- It does not include or promote defense commitments or military intervention.
- The DCA expands the scope of, and replaces, the current Status of Forces Agreement (SOFA) signed between the United States and PNG in 1989, as well as the Memorandum of Understanding signed in 1989 concerning joint and combined military activities in PNG.
- It enables US forces to refurbish and develop infrastructure for dual use with certain seaports and airports within PNG.
- The DCA seeks to provide the legal framework to conduct these activities in accordance with PNG law, including the Constitution and the Defense (Visiting Forces) Act 1975 (DVFA) (Section 206 of the National Constitution).
- It validates the presence of US forces (and other US officials supporting US forces) in PNG to conduct defense-related activities.
- The agreement aims to facilitate bunkering of US force vessels, maintenance of vehicles, vessels, and aircraft, accommodation of personnel, communication, staging of forces and material, equipment supplies and material, and other activities as mutually agreed.
- Both parties recognise that the presence of US forces in PNG is based on full respect for the laws of PNG.
- The DCA demonstrates the intention of both parties to enhance levels of military cooperation, including in uniforms and arms, property and ownership, importation and exportation, movement of aircraft, vessels, and vehicles, and driving and professional licenses.
Prime Minister Marape also emphasised that with respect to criminal jurisdiction, the agreement acknowledges PNG’s sovereignty and the right of its constitutional authority over members of the visiting force.
“Regarding civil jurisdiction, the agreement grants exclusive jurisdiction to PNG over all civil matters against US forces personnel for acts committed outside the scope of official duties,” he added.
“It is important to note that the DCA does not provide immunity for any breaches of PNG’s laws.”
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