The Organic Law on the Integrity of Political Parties and Candidates (OLIPPAC) is an organic law of Papua New Guinea which came into effect in 2001. It aimed to foster greater political stability in the historically fractious national parliament. It contained a number of provisions that aimed to formalise the political party system, restrict the ability of Members of Parliament (MPs) to vote against their party line or defect, improve party financing, and increase the number of women candidates. Its impact on these objectives was mixed. A revised version was passed in 2003, and this remained in full force until 2010, when the Supreme Court declared OLIPPAC's restrictions on MP behaviour to be unlawful. While these were seen as the most potentially impactful provisions of OLIPPAC, its other provisions remain in force. There have been various proposals for further revisions in subsequent parliaments.
The government of Papua New Guinea operates under the Westminster system, in which the executive government, including the prime minister, is elected from within the parliament. A stable party system with clear ideological differences between parties has never developed, with politics instead being dominated by personalities, while parties primarily reflect political alliances. The regularity with which parties dissolve, move between government and opposition, and with which MPs shift between parties has led to parliamentary politics being described as "yo-yo politics". Due to the perpetual instability in parliament, from independence until 2002 no government survived a full parliamentary term, being removed mid-term either through motion of no confidence, or due the threats of such motions. This political instability left parliament ineffective and open to corruption.
The implementation of OLIPPAC was intended to enhance the strength of political parties, and thus bring greater stability to the political system, leading to more effective governance. The law created a new registration system for political parties, which saw the political affiliation of MPs become formal for the first time. Related changes discouraged the common practice of running as an independent. OLIPPAC further created the presumption that the largest party would be given the first chance to form a government, while also creating a formal office for the opposition. Inducements for the running of women candidates were introduced, although they proved ineffective. Most significantly, OLIPPAC restricted the ability of MPs to vote against their party line, and to vote against or overthrow a government their party was a part of.
In practice, the impact of OLIPPAC was limited. Provisions restricting MP behaviour were confusing and difficult to enforce, and while many MPs violated the law, none were ejected from parliament. The enforcement of the law was seen as likely to enhance the already significant control of the executive over parliament. The Supreme Court described the provisions on MP behaviour as "draconian" when it struck them down. While in full force, OLIPPAC is thought by some to be partially responsible for the government formed following the 2002 election being the first to survive a full parliamentary term. However, other factors contributed to this, and there was still significant parliamentary turmoil during this time. The provisions of OLIPPAC that remain in force regarding independent candidates have resulted in the formation of a large number of "mosquito" parties consisting of one or two members. However, the proportion of MPs in parliament belonging to the three largest parties has increased. This is likely a result of the provision that the largest party be given the first chance to form a government, which also remains in force.
Background and passage The government of Papua New Guinea operates through the Westminster system, in which the cabinet and prime minister are drawn from members (MPs) of the unicameral National Parliament. Political parties in Papua New Guinea are unstable and often personality-driven, impeding the establishment of an effective party system. The first parties were formed less than a decade before independence, and became weaker following self-government. The lack of effective parties has weakened the effectiveness of the political system, as governing coalitions end up being created not based on ideological agreement but through personal inducements to individual MPs. The regularity of MPs hopping between parties led to characterisation of parliamentary negotiations as "yo-yo politics". The resulting instability led to the regular fall of governments not only through elections, but also through changing coalitions. It also meant politics was short-termist and focused on obtaining power, with policy questions mattering little and long-term planning almost impossible.
Following a period of political instability in the late 1990s amid growing concerns about crime and corruption, Prime Minister Mekere Morauta came to power in 1999 pledging to "restore integrity to our great institutions of state". The most recent election, in 1997, had been particularly chaotic. There was widespread electoral violence, a third of elected MPs were independents, and the eventual prime minister Bill Skate was from a party with only five elected MPs. The Morauta government set up a Constitutional Development Commission which produced a number of recommendations, including changes to the political system. This commission held public consultations on its initiatives.
The "Organic Law on the Integrity of Political Parties and Candidates" was recommended to parliament by the commission. Prominent authors included John Nonggorr and Alphonse Gelu. Parliament passed the law on 7 December 2000 by 84 votes to 0 on its second vote, and it was certified and entered into effect on 22 February 2001. This timing meant the law would apply during the 2002 general election. Morauta stated the law was "the most important Constitutional change this country has made since independence". The law was sometimes discussed in public as the "integrity law".
As an organic law, it directly affected the constitution, and thus had priority over other laws, and could only be altered through a constitutional amendment or another organic law. Specifically, it is intended to implement Sub-Divisions V1.2.H and V1.2.H of the constitution, relating to the conduct of political parties, candidates, and elections, for which no previous organic laws had been passed. Specifically, the constitution called for a law that would "restrict a member of the Parliament in certain circumstances from resigning or withdrawing from or failing to support a political party of which he is a member" and "to restrict in certain circumstances the voting rights of a member of the Parliament". The first proposal to do so was in 1989, with later attempts in 1993 and 1998. The 2000 effort succeeded due to bipartisan support, becoming Constitutional Amendment No. 22. Ultimately, its changes were intended to improve governance and reduce corruption.
In March 2003, the government under Prime Minister Michael Somare stated OLIPPAC was "riddled with flaws and defects", and would be revised. While the entirety of OLIPPAC was rearranged, consequential changes were limited. The main impacts were providing additional funding to parties and to a newly established Office of the Opposition, restrictions on the cooperation between parties and independents, and limits to motions of no confidence. The proposed amendments were mostly uncontroversial, although those relating to the motions of no confidence did not pass. The first reading of the revised OLIPPAC passed on 17 July with only six voting against, while the second reading passed on 19 September with only seven voting against. The amended version thus came into force on 15 October 2003. These amendments included a preamble, which stated the law sought to "develop and nurture a political culture in which intrinsic values of constitutional democracy are respected and maintained" and "to ensure participation of people to enhance the principle of government of the people, for the people, but more importantly, by the people". Unsuccessful attempts to push through the amendments regarding motions of no confidence continued until 2004, with votes for failing to reach the required two-third threshold.
Provisions
OLIPPAC was written with a wide range of provisions, and could be viewed as effectively a number of different laws with different objectives. The text is divided into 8 sections: Preliminary (definitions), Political Parties Generally, Registration of Political Parties, Central Fund Board of Management, Funding Political Parties, Financial Returns, Strengthening of Political Parties, and Miscellaneous.
OLIPPAC's focus was on strengthening political parties by giving them more control over MPs elected on their platform, which would be complemented by improved MP discipline. To this end, it contained a number of provisions aimed at strengthening the operation of political parties. An independent "Registry of Political Parties" had its own office created under the law. This was separate to and in part this duplicated the existing registration system previously operated by the Papua New Guinea Electoral Commission. The registrar would have a term of at least six years, meaning any appointed registrar would continue beyond a maximum five-year single parliamentary term. A party must be registered to field candidates in an election. To qualify for registration, a party must not be restricted to one geographic area or ethnic group, must not promote regionalism or secession, and must have an internal democratic processes. To register parties must submit their constitution and a members list, and then must submit financial returns. A party must also have a number of staff positions and at least 500 financial members, and must not include words like "independent" in their name. Individuals cannot be a member of multiple parties. Those elected as independents were unable to vote for prime minister immediately after the election. However, they would later be able to join a political party, at which point they would have similar obligations to those elected under the party's banner. A party must also be registered under the Associations Incorporation Act. The largest party following an election would be the first party invited to nominate a prime minister and form a government, theoretically reducing the intensity of coalition-building negotiations. It was however legal for parties to merge after an election. Elected independents who did not join a party before the election of a Speaker would not be allowed to join a party until the next election. Independents who supported the election of a prime minister were required to vote with them on constitutional and budget matters, and could not oppose them in a motion of no confidence.