Do Papuans have rights to citizenship?
30 January 2009
This
is an unusual one, and I throw it over to readers for comment. A Papuan
correspondent writes (and some of his contentions are incorrect although his
broad argument is intriguing):
“This matter is a very sensitive one and involves
the Australian Government. The story goes like this. The Papua Act of 1905 made
Papua the seventh state of Australia, thus the seventh point on the Australian
Flag, meaning Papua the land and its people are citizens of Australia.
“In 1975, PNG became Independent. Papuans who are
citizens of Australia and are supposed to sign two forms to become PNG citizens:
[1] renunciation of Australian citizenship; [2] declaration of loyalty to PNG
as stated in Section 64 and 65 of PNG Constitution. I never signed any of those
two forms to renounce my Australian citizenship. I was born before 1975.
“Part of Australian government benefits include free
university education for all Australians. I got a degree from UPNG and enrolled
for Masters with an Australian university as external student. Completed one
unit and took other two on credit. The university did not allow me to continue
because I still owe them some money.
“My argument is that Australian government should
pay my UPNG fees and the MBA fees. I have all the documents with me which i
will use to support this case. How to prove I am an Australian: 1. Genealogy. 2.
Birth Certificate from the Australian National Achieves. 3. Papua Act 1905. 4.
Section 64. 65 PNG Constitution. 5. Australian Migration Act 1948 and 1958. 6.
Citizenship Act (Aust) 2007.
“Any advice you provide will be highly appreciated.”
Over
to you.
Thank you Ross for bringing the item to prominence again.
Thanks too, KJ, for update on the Federal Court ruling.
If 16 years ago the Minister put funding "to train the staff of the Immigration Department at the time, pioneering cultural change", is it now needed to add to annual citizen ceremonies that staff of the Immigration Department recite rulings of the Australian Courts to keep alive truths of national identity and entitlement?
Posted by: Lindsay F Bond | 01 August 2021 at 03:40 PM
You may recall that some years ago we discussed on PNG Attitude the issue of enquiries from PNG nationals about expatriate kiaps and parenthood that were being made as comments on the Kiap Honour Roll.
Whilst I acknowledge that kiaps were not angels, and that they should acknowledge and accept responsibility for their deeds, I questioned the appropriateness of them being made on the Honour Roll.
Those enquiries were made before the most recent Federal Court ruling of February 2020 that recognised the Australian citizenship of a man born in pre-independence PNG.
In recent months I have received two emails from the Western District requesting identification of kiaps. Whilst I was able to assist I could not provide current addresses as neither was registered with the Ex-Kiap website. Knowing that the Federal Court had made its most recent ruling my thoughts on the motive for these enquiries has changed.
Whether the Federal Court ruling increases these enquiries remains to be seen but I'll continue to help if possible. Perhaps word about my kiap research has got around in PNG.
__________
Here is Ross’s original article published in PNG Attitude in 2009:
https://www.pngattitude.com/2009/01/do-papuans-have-rights-to-australian-citizenship.html
And here is the February 2020 article by Stefan Armbruster, updated just this morning as it happens, on the case of Troy Zen Lee which led to the Federal Court ruling:
https://www.sbs.com.au/news/when-troy-went-to-renew-his-australian-passport-he-was-told-he-wasn-t-a-citizen-this-is-what-happened-next
The ruling has been appealed by the Australian government, obviously unhappy with the notion of conferring Australian citizenship on the basis of Australia’s Administration of Papua as an Australian territory - KJ
Posted by: Ross Wilkinson | 01 August 2021 at 08:29 AM
Papua is still a protectorate under the British Crown proclamation made by Her Majesty Queen Victoria in 1884.
The Papua issue is not a constitutional matter but a covenant - a treaty between the Crown and Papuan chiefs. Papua treaty chiefs (heirs-in-succession) were restored in 2015 and are functioning to restore Papua sovereignty as independent state declared in 1888.
_______
Papua, now known as the southern region, is constituted as a part of the independent state of Papua New Guinea. While some people may still hope for Papuan sovereignty, the reality is that this has long since been extinguished - KJ
Posted by: Joe Kuella | 04 January 2019 at 08:52 PM
The Papua Act was passed by a Commonwealth country. Is Papua or British New Guinea. Papua has its own flag. Are Papuans British citizens?
________
Papua was a British colony and later an Australian territory. New Guinea was a German colony and later a territory mandated to Australia after World War I.
You can see a representation of the former British Papuan flag here https://www.google.it/search?q=papua+flag&rlz=1C1GGRV_enES752ES752&tbm=isch&source=iu&ictx=1&fir=d1AuAUf841_88M%253A%252CZIbrwtCuO1VlvM%252C_&usg=AFrqEzdG9871-RUG_IZcMnl56GdpAHNILQ&sa=X&ved=2ahUKEwiMlau38Z7dAhUN-aQKHcQMB0UQ9QEwD3oECAMQCg#imgrc=Tm93KVR-9byZhM:Papuans
And what was a proposed German New Guinea flag here https://www.google.it/search?rlz=1C1GGRV_enES752ES752&tbm=isch&sa=1&ei=QDCNW_m1Ke7jkgWy-4HACw&q=%22german+new+guinea%22+flag&oq=%22german+new+guinea%22+flag&gs_l=img.12..0.10021.12914.0.15153.2.2.0.0.0.0.113.218.0j2.2.0....0...1c.1.64.img..0.2.217....0.BW_Qkth-YGw#imgrc=22NTh5lLT1Ff_M:
Papuans are citizens of Papua New Guinea - KJ
Posted by: Renkins Siro | 03 September 2018 at 08:54 PM
If Aussie are reluctant to take Papua as the seventh state give total independent Papua a country of it own.
Posted by: Voro Ora | 24 August 2018 at 11:23 AM
I wish to clarify my previous comment.
I am not sure about the free education aspect or point made. But I am inclined to to agree with the points made on possible requirements to become an Australian citizen.
Posted by: Kari A Poawai | 12 May 2018 at 06:14 PM
I support the views expressed in the first article dated 30 January 2009. I was born in Port Moresby in 1962 to Papuan parents. I think the approach to claim Australian citizenship is correct and may work.
Posted by: Kari A Poawai | 15 March 2018 at 11:09 PM
I someone who has additional information in this this regard and assure you that we need to arrange a meeting with this guy to understand this clearly and discuss openly to come to some sort of an agreement and plan to execute to be granted Australian citizenship.
Await your reply and comment.
Posted by: Peter Ambrose | 12 June 2017 at 03:55 PM
Jonathan Baure, spokesperson for the Papuan Plaintiff Group, who is spearheading the case for Papuans born before PNG's independence to be recognised as automatic Australian citizens, must be congratulated by every Papuan for his tireless efforts (refer to the news article, "Papuan group shows gratitude to Australia", The National 18/03/10).
Papuans, like Aborigines and Torres Strait Islanders, are a forgotten generation since we were robbed of Australian citizenship on 16 September 1975.
Hon Kevin Rudd must acknowledge that fact now and apologise to the people of Papua for that grave and serious mistake. Australia should admit and apologise for its oversight on Papua's issue since 1975.
Australia - it is high time to act for Papua now! This issue needs to be settled once and for all - immediately!
Posted by: Brother Hicks | 22 June 2010 at 02:27 PM
Where do we start with this one. Your correspondent is wrong to premise his/her argument on "free education" for Australians. Whether it's a full fee-paying course or subjected to HECS, Australian students pay some sort of fee. If it's an MBA as stated then it certainly is not free to anyone.
The basis of the argument about citizenship is the subject of much debate, literature and several court cases. The following is pertinent:
http://www.citizenship.gov.au/_pdf/aci/chapter15.pdf
The following is also very pertinent to the argument and would be seen as the precedent: http://www.hcourt.gov.au/media/Ame_v_Vanstone.pdf
Your correspondent would need some form of passport to travel into Australia for the purposes of MBA study and the most logical would be a PNG passport because he/she would be made to jump through hoops such as the cited case of Mr Ames.
The acquisition of a PNG passport would be seen to be the assumption of your correspondents natural right to PNG citizenship regardless of whether he/she signed the necessary papers on or after September 16 1975.
Posted by: Ross Wilkinson | 30 January 2009 at 08:10 AM