By James Guken
The National Court of Justice has issued a landmark ruling in favor of displaced Manam Islanders, directing the Papua New Guinea government and local authorities to take immediate action to address ongoing human rights violations.
The case, HR (OS) No. 02 of 2019, was brought by Bruce Sila on behalf of himself and over 10,800 other displaced Manam Islanders who have been living in temporary care centres on the Bogia mainland since 2004.
The court declared that the Independent State of Papua New Guinea, the Madang Provincial Government, the Manam Resettlement Authority, and their respective officials have failed to meet their obligations under the Manam Resettlement Authority Acts of 2006 and 2016. These breaches include inadequate provision of essential services such as education, health care, and safe drinking water, violating the Islander’s; fundamental human rights under the Constitution.
Among the key directives, the court ordered that the defendants immediately begin the process of identifying suitable land for the compulsory resettlement of displaced Manam Islanders. This process must be completed by September 2025. In the interim, the court mandated the creation of a comprehensive policy to ensure food security, health services, education, and the protection of human rights at the care centres.
Further, the defendants were ordered to begin the rehabilitation of water supplies in the affected areas and enter into agreements with health services and the Royal Papua New Guinea Constabulary to ensure the continued provision of medical care and policing at the care centres until the resettlement is complete.
The court also emphasized the need for accountability, requiring the Manam Resettlement Authority to undergo an annual audit and provide detailed reports on funded and completed projects from 2019 to 2023. It also ordered the immediate appointment of a board for the Manam Resettlement Authority to oversee these actions.
The State, represented by the First Defendant, is also obligated to identify and provide available funds for the resettlement process, with an initial payment to be made to the National Court Trust Account for release to the Manam Resettlement Authority.
The court made it clear that if the funds were not made available within six months, the Secretary for Finance would be required to appear in court to explain the delay.
The ruling represents a significant step toward justice for the displaced Manam Islanders, who have long suffered from inadequate government support. The court’s decision underscores the ongoing responsibility of both national and local governments to uphold the constitutional rights of all citizens, including those who have been displaced due to natural disasters and resettlement policies.
The State and local authorities were ordered to bear the costs of the plaintiff’s; legal proceedings, with the expectation that further compliance will be ensured in the coming months.
The decision is seen as a major victory for the Manam Islanders and a reminder of the Government’s duty to protect its citizen’s rights, even in the face of complex challenges related to resettlement and disaster management.
