By Busa Jeremiah Wenogo
In PNG the function of
establishing and looking after physical markets is said to be the sole
responsibility of the sub-national government .i.e. provincial, Local Level Government
(LLG) and urban authorities. Yet the Organic Law on the Provincial & Local
Level Government does not spell out explicitly that this is the case. Although the
law particularly in section 42 and 44 covers
elements of the informal economy (sector) such as “mobile trading”, “cottage industries”, “agriculture”, “fisheries”, “betelnuts
and any other marketable items”[1],
there is nothing specific on whether the powers given to provincial and LLGs under
the law cover aspects relating to the function of building and maintaining market
facilities. Yet at the national level according to the Department of Provincial
& Local Government’s manual on Determination
assigning service delivery functions and responsibilities to provincial and
local level governments, the Department of Community Development &
Religion through its Community Economics Section, is responsible for “declaring
market areas” and “arranging gazettal of informal sector inspectors” at the LLG
level[2].
Unfortunately in reality that has not been the case in most LLGs. At the
sub-national level only the NCDC Act 2001 as per section 41 sub-section 2(m)[3]clearly
states that the commission has responsibilities over markets within NCDC.However,
this is also problematic given that not all major markets within Port Moresby fall
under the auspicious of NCDC. Markets like the Manu-Autoport market in front of
the former TST supermarket was established by the TST Company back in the 1980s[4].
Furthermore, being deprived of
the powers to issue land titles most provincial governments (including NCDC),
urban authorities and LLGs can only plan their towns and rural areas but cannot
easily allocate space for building markets on state land[5].
The current centralization process of land tenure system in PNG is very tedious
and time consuming. In the current legal environment, land that were planned
for building markets could easily be allocated for other developments at the
prerogative of the National Department of Lands & Physical Planning. This
is made worse by the rampant corruption within the national department of lands
and physical planning where state land is acquired by individuals and firms
under dubious circumstances[6].
The lack of priority put on markets by various tiers of government means that
most of the land is allocated for other developments other than market. From this
reality one can deduce that a lot of the markets that are set-up in provinces
and LLGs are either built on customary land operating under some sort of social
contract between the State and landowners or illegally set-up on private or
state land. In a city like Port Moresby where the State is fast running out of
land competition is intense in securing the scarce undeveloped state land for
development purposes. As a result markets
are increasing being pushed out to the peripheries of towns and cities
away from its strategic node areas where there is ample concentration of
demand.
The announcement early last year by
the Lands Minister that provincial lands boards will be set-up in all provinces
throughout PNG is key to ensuring that provinces develop their own plans and
coordinate developments[7].
Certainly Provincial city and town Masterplans that are critical to guiding the
work of the provincial lands board should make market a priority in every district
and ward throughout the country. Market aside from road, airstrip and bridge is
the most fundamental public infrastructure that should be present to empower
the local community in the rural and urban areas to engage in commercial oriented
activities. Such an arrangement mooted by the Minister will greatly assist provincial
government, urban and town authorities to tie-in their planning process with land,
the most important resource or asset. The Minister should further complement
this move with other reforms in the area of customary land with the view to
strengthen“collective ownership “and ensuring “shared benefit” among
landowners. Furthermore, laws in relation to towns and cities particularly its
definition, management and planning should be reviewed for the sole purpose of
protecting and nurturing their growth. This exercise should at the very least
include market as one of the important minimum standards when planning towns
and cities.Perhaps from the outset the government should make use of the
opportunity provided in the review of the Informal Sector Development &
Control Act 2004 to spell out clearly whose role it is when it comes to
building and managing market facilities. Although the CLRC draft report on the
review of the Informal Sector Development Control Act 2004 has already
identified this need. The review report could initiate the process by
creating/inserting a provision in the revised law to spell out clearly that the
administering authorities of the law in the likes of NCDC, provincial
governments, urban and town authorities and LLGs be responsible for the
management and upkeep of the market facilities. Going beyond that it could also
propose for a national government department to take carriage of looking after
market facilities in PNG or create a separate entity empowered with its own
powers to build, maintain and manage market facilities throughout the country.
Last Published: Weekender: The National Newspaper: Friday, February 26, 2016, pg 55
Last Published: Weekender: The National Newspaper: Friday, February 26, 2016, pg 55
[1]Organic law on Provincial Governments & Local level
Governments (1998); pg 24 & 26; http://www.ago.gov.pg/images/downloads/Organic%20Law%20on%20Provincial%20Governments%20and%20Local-level%20Governments.pdf,
[2]Department of Provincial & Local Government Affairs
(2009); The Determination assigning service delivery functions and
responsibilities to provincial and local level government; pg 8
[3]National Capital District Commission Act 2001, pg 25; http://www.paclii.org/pg/legis/consol_act/ncdca2001367.rtf.
[4]UNWOMEN; Making Port Moresby Safer or women and girls:
A scoping study findings (2011); pg 18; http://www.unwomen.org/~/media/field%20office%20eseasia/docs/publications/2014/8/making%20port%20moresby%20safer%20for%20women%20and%20girls%202014.ashx?v=1&d=20141202T120316
[5]National Research Institute; “Fairfax Harbour – An
iconic harbor of significance” (2014); http://www.nri.org.pg/index.php/22-news/179-fairfax-harbour-an-iconic-harbour-of-significanc?showall=1&limitstart=
[7]Department of Lands & Physical Planning; Land Tok
(2015); pg 10; http://lands.gov.pg/News/LandTok/LandTok_012015.pdf
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