The Constitutional and Law Reform Commission (CLRC) launched the Issues Paper for Terms of Reference (TOR) No. 26 – Review of the Laws on the District Development Authorities (DDAs), marking the commencement of a nationwide review of the legislative framework governing DDAs.
The Issues Paper provides the foundation for public consultation by outlining the current enabling laws, identifying key challenges affecting the operation of DDAs, and presenting questions to encourage informed discussion from stakeholders and the wider public.
TOR 26 was endorsed and gazetted by the Minister for Justice and Attorney General early this year, assigning CLRC to enquire into, report and recommend on the systemic development and reform of the laws relating to DDAs in PNG. CLRC will review key pieces of legislations surrounding DDAs to ensure its law reform proposals are extensive and inclusive.
While Papua New Guinea’s decentralised system of government was restructured under the Organic Law on Provincial Governments and Local-level Governments in 1995, the current DDA Act was enacted in 2014 to strengthen district-level service delivery. Since its enactment, the Act has undergone amendments, reflecting ongoing efforts to improve the effectiveness and governance of DDAs. However, as a result of long-standing controversies on the performance of DDAs, CLRC had undertaken pre-stakeholder engagements to support its comprehensive desktop research into the effectiveness of DDAs. The Issues Paper is the culmination of these discussions and research.
TOR 26 aims to assess whether the existing laws continue to effectively support service delivery, accountability, transparency, and good governance at the district level in line with Papua New Guinea’s evolving development priorities.
Speaking at the launch, CLRC Commissioner Hon. Isi Henry Leonard highlighted the importance of the review, and CLRC’s core mandate in taking up this task.
“Where gaps, inconsistencies or weaknesses exist within the current legal framework, it is incumbent upon the Constitutional and Law Reform Commission, as the nation’s mandated law reform agency, to thoroughly investigate these issues and formulate appropriate law reform proposals to strengthen the DDA system.”
He added that review presents an important opportunity for all stakeholders to contribute towards strengthening the legal framework governing DDAs for improved service delivery and sustainable development.
“However, CLRC cannot undertake this important task in isolation. Meaningful and lasting reform can only be achieved through broad-based consultation and collaboration with government agencies, provincial administrations, district authorities, civil society organisations, development partners and, most importantly, our people.”
The Commission encourages government agencies, provincial administrations, district authorities, civil society organisations, development partners and members of the public to participate in the consultation process by providing their views and recommendations.
As part of CLRC’s law review and reform process, the Commission will commence its provincial consultations to gauge the views of Papua New Guineas to ensure its law reform recommendations regarding TOR 26 are comprehensive and applicable in a contemporary Papua New Guinea.