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PMIZ Defendants File Human Rights Enforcement Application Against Department Of Trade, Commerce And Industry

by Rachel Shisei – EM TV News, Madang

Three defendants of the PMIZ court hearing on Monday have filed Human Rights Enforcement Applications to the National Court, against the Trade, Commerce and Industry Department for restraining them.

The three are Dorothy Tekwie, President of the PNG Greens NGO, Nancy Sullivan, Director of Nancy Sullivan & Associates and the Sumkar MP, Ken Fairweather.

The applications filed indicated that the defendants’ Human Rights, which is the right to liberty of a person, freedom of conscience, thought & religion, freedom of expression, freedom of assembly and association, freedom of information and their freedom of movement as in the constitution, have been abused by the DTCI’s restraining order on them.

Their human rights arguments as stated in their applications filed to court fall under sections 42, 45, 46, 47, 51 and 52 of the Constitution.

Ms Sullivan and Ms Tekwie filed earlier on in the week, with Mr Fairweather filing his application this morning, confirming the number to three defendants so far.

The Interim order by the Department of Trade, Commerce and Industry is aimed at restraining all 11 defendants from conducting any consultative meetings with the PMIZ project landowners, and to hold any protests pending the full determination of the issues raised in the proceedings by the court, reason being that those acts will interfere, intimidate and incite the closure of the project.

The Interim order also compels the defendants to deposit a surety bond of K1 million into the National Court Trust Account, in the instance that they initiate any civil proceedings against the ‘Independent State of Papua New Guinea’, in terms of delaying the PMIZ project.

The Department of Trade, Commerce and Industry, the plaintiff in this case’s restraining order on the defendants is said to be an act with regard to section 155 (4) of the Constitution.

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