- PNG Security Relations
Agreement Between the Government of Australia and the Government of Papua New Guinea on a Framework for Closer Security Relations
2.1The Agreement Between the Government of Australia and the Government of Papua New Guinea on a Framework for Closer Security Relations was referred to the Committee on 15 May 2024.
2.2The Committee received one response to Questions on Notice and held a public hearing in Canberra on 15 July 2024. A list of submissions and responses to questions on notice can be found at Appendix A. The hearing and witnesses are listed at Appendix B. The transcript of evidence from the public hearing can be accessed through the Committee’s website.
Overview
2.3The proposed treaty-action (Category 1) is entry into force of the Agreement Between the Government of Australia and the Government of Papua New Guinea on a Framework for Closer Security Relations (the Agreement), signed on 7 December 2023.
2.4The purpose of the Agreement is to establish a framework to deepen security cooperation between Australia and Papua New Guinea (PNG) and create obligations to work more closely together on mutual security interests. The Agreement is ‘an elevation of the security relationship between the two countries’ that reflects long-standing cooperation, shared history, geographical proximity, and a common regional strategic outlook. It builds on the cooperation outlined under existing arrangements including the 1977 Agreement between Australia and PNG regarding the Status of Forces in the Territory of the other State.
Background
2.5Australia and PNG have a strong partnership including a shared maritime border. The Papua New Guinea-Australia Comprehensive Strategic and Economic Partnership (CSEP) was signed in 2020 and sets out a contemporary vision for what Australia and PNG aim to achieve jointly. The Department of Foreign Affairs and Trade (DFAT) says that this partnership facilitates in ‘committing us to elevate our already close ties’.
2.6Australia and PNG also share people-to-people links. DFAT notes that at any one time there are over 10,000 Australians in PNG. There are also approximately the same number of PNG nationals in Australia. Australia is PNG’s biggest trade partner resulting in over $5 billion in bilateral trade in 2022-23. Australia is a major investor in PNG and has investments in the country valued at approximately $26billion in 2022.PNG is also Australia’s largest development partner. There is an estimated $637.4 million in Official Development Assistance (ODA) funding contributed in 2024-25.
Justifications
2.7Establishing the Agreement was a commitment under the 2020 CSEP, reconfirmed in January 2023 by Australian Prime Minister, the Hon Anthony Albanese MP, and PNG Prime Minister, the Hon James Marape MP.Australia and PNG ‘share a mutual strategic interest in a safe, stable, peaceful and prosperous Indo-Pacific.’ Further, Australia’s interests and regional security are greatly impacted by the stability of PNG and its ability to address both traditional and non-traditional security threats.
2.8The Agreement would serve Australia’s national interest by providing a legally binding framework to encourage and facilitate bilateral security cooperation with our nearest geographical neighbour across a range of security domains. It would make it easier for Australia and PNG to support our respective security needs.
2.9The Agreement is underpinned by mutual respect for each other’s sovereignty and reinforces respective abilities to protect sovereignty against a range of challenges.The Agreement represents an important contribution to bilateral and regional security, reflecting the significance that both countries ascribe to Pacific-led security, and cooperation with trusted partners.
Obligations
2.10The Agreement would create mutual obligations to work closer together on security:
- Mutual Security Cooperation:
- Maintaining and strengthening cooperation on common security interests, including but not limited to, cooperation across traditional security domains such as defence, policing, border, and maritime security, as well as non-traditional areas such as addressing challenges in cyber security, climate change, violence against women and children, and critical infrastructure.
- Prioritising consultation and engagement with each other regularly on PNG’s security needs, such as obtaining security-related equipment, capacity building, infrastructure, advice, training, or logistics support.
- Status of Forces and other personnel:
- Where mutual security cooperation requires the presence of one Party's personnel in the territory of the other Party conduct shall be governed by the Agreement between Australia and PNG regarding the Status of Forces of Each State in the Territory of the other State, upholding a longstanding regime of privileges and immunities for PNG defence personnel operating in Australian territory or vice versa.
- Security consultation and security assistance:
- Sharing information regarding key security-related developments likely to affect the party requesting the information. Information must be shared in accordance with domestic and international commitments.
- Consulting each other (at the request of either Party) and considering whether any measures should be taken in relation to an event that threatens the sovereignty, peace, or stability of either Party or the Pacific region.
- Consulting the other Party in the event of an external armed attack on either Party, for the purpose of deciding what measures should be taken in relation to the attack.
- Using best endeavours to respond to a request for assistance from the other Party on a security-related matter or threat affecting its sovereignty, peace, or stability, as well as coordinating on matters relating to capacity to respond and the involvement and contribution of third parties.
- Other agreements and arrangements:
- In accordance with each Party’s respective constitutions, ensuring that the status of the other Party’s personnel, conducting mutual security cooperation or security assistance in its territory under the Agreement, is no less favourable than the status afforded to personnel from any other countries carrying out similar functions.
- Protection of information:
- Processing, using, storing, handling, and protecting Classified Information under the Agreement according to the respective laws, regulations and policies, or any security of information agreements or arrangements between Australia and PNG.
- Where either Party decides to release Classified Information to the other, requiring the transfer of Classified Information through government-to-government channels, complying with release conditions, protecting against unauthorised disclosure, and not disclosing such information to third parties without prior written consent.
- Complying with limitations on use, disclosure, release or access stipulated by the other Party regarding information falling within the meaning of ‘Unclassified Information’ and ‘Sensitive Information’.
- Any disputes under the Agreement regarding its interpretation, application or implementation by consultation or negotiation and shall not be referred to any national or international tribunal or court for resolution.
Entry into force and implementation
2.11For the Agreement to enter into force, each Party must present the other with written notification confirming it has completed domestic requirements necessary to implement the Agreement. The Agreement would enter into force on the date of receipt of the last such notification.
2.12No changes to Australian legislation are required to implement the Agreement.However, amendments may be required to certain legislation and regulations (including the Defence (Visiting Forces) Regulations 1977) in the event that PNG personnel are conducting mutual security cooperation or security assistance in Australian territory under the Agreement with Australia required to afford PNG personnel a status no less favourable than that afforded to the personnel of other countries when carrying out similar functions in Australian territory.
2.13This would require an assessment of whether the functions being carried out by PNG personnel are ‘similar’ to those by personnel of other countries, and if so, the status afforded to those personnel under Australia’s other security agreements or arrangements in force at the time. The Agreement would not replace any existing agreements between Australia and PNG.
Costs
2.14Australian responses to consult on common security interests or provide security assistance at the request of PNG would incur costs, however it is not possible to estimate these costs until the nature of the request and Australia’s response is known.
Future treaty action
2.15The Agreement may be amended in writing by mutual consent of the Parties. Any amendment would take effect on the date of the later notification by either Party that they have completed their domestic implementation requirements for entry into force. Any amendment would be subject to Australia’s domestic treaty-making requirements, including consideration by the Joint Standing Committees on Treaties.
Termination
2.16The Agreement continues in force unless terminated. Either Party may terminate the Agreement by providing written notice to the other Party, coming into effect six months after the date on which the other Party received written notice. The Parties may agree in writing to terminate the Agreement at any time and on an agreed date.
Consultation
2.17DFAT consulted the Australian Federal Police (AFP), Attorney-General's Department, Australian Government Solicitor, Department of Defence (DOD), Department of Home Affairs and Department of Prime Minister and Cabinet. Consultation was not undertaken with States and Territories as the Agreement was assessed to have negligible impact.
Issues
Bilateral relationship
2.18The Agreement provides a legally binding framework for future cooperation between Australia and PNG. The Committee notes that the Agreement is a deepening of the longstanding relationship between Australia and PNG which includes formal engagement on matters of security. At the public hearing, the importance of Australia’s bilateral relationship with PNG was highlighted. DFAT said the Agreement ‘builds on an already longstanding and deep bilateral security relationship, as well as an existing network of security agreements, arrangements and understandings, including our 1977 status of forces agreement.’
2.19DFAT told the Committee that, ‘Australia and Papua New Guinea are the nearest of neighbours, longstanding partners and close friends, and we see our security interests as intertwined, including by virtue of geographic proximity.’
Security focus
2.20DFAT said, ‘This agreement marks a milestone in the security relationship between Australia and Papua New Guinea.’ DFAT said that decisions taken by Australia or PNG will affect the security of the other country. The focus on security in the Agreement was highlighted at the public hearing. The Committee heard that the Agreement deepens the mutual commitment to each country’s security, supports PNG’s internal and external security and perseveres and bolsters the sovereignty of both countries.
2.21DFAT explained, ‘Establishing a [bilateral security agreement] was a commitment under the 2020 Australia-Papua New Guinea Comprehensive Strategic Economic Partnership, and Prime Ministers Albanese and Marape reconfirmed that commitment in a joint statement in January 2023.’
Regional focus
2.22DFAT recalled a statement by the Australian Prime Minister that the Agreement ‘is about both of our countries supporting the region's security.’ DFAT explained that the Agreement takes a broad view of security that is consistent with the Boe Declaration on Regional Security which was set out by Pacific Islands Forum (PIF) leaders in 2018. DFAT said that the Agreement is consistent with the PIF leaders’ statement which said that members of the PIF are best placed to meet the security needs of the region.
Implementation
2.23The Committee inquired into the forums through which the more permanent areas of focus in the Agreement would be implemented and managed. DFAT explained that they ‘have a well-established suite of meetings to take forward the contours of the security agreement and some of the detailed implementation, starting at an annual leaders meeting.’
2.24DFAT further explained that there was recently an annual ministerial forum in PNG which consisted of multiple leaders from both sides. There was also a subgroup at the meeting comprising a committee of ministers on law, justice and security. Security ministers on both sides came to talk together about the implementation of the agreement and some of the practical components. The Committee heard that there are also regular official engagements across relevant agencies including senior officials talks once a year.
Policing engagement
2.25The AFP explained that there are bilateral, police to police formalised senior officer meetings that are undertaken with PNG. They said that this is due to the strength of the bilateral relationship between Australia. The AFP noted that the AFP Commissioner was in PNG in June of 2024 as part of a broad ministerial forum and took the opportunity to undertake bilateral meetings with PNG’s Commissioner Manning.
2.26The Committee heard that Australia is also a participant in the Pacific Islands Chiefs of Police Forum of which PNG is a member. This group includes regular and face to face meetings with commissioners across the Pacific. In this context the Commissioner of the AFP engages bilaterally with PNG’s Commissioner Manning.
Defence engagement
2.27The DOD said that they hold annual talks with PNG at the ministerial level. At an officials level, Australia holds defence cooperation talks at the department secretary-Chief of the Defence Force (CDF) level and also service talks. There are also bilateral discussions with PNG on their defence, security and their security arrangements.
2.28The DOD said that there are also collective forums including both countries. For example, PNG and Australia are both members of the South Pacific Defence Ministers Meetings. There are also meetings at the officials level such as the Joint Heads of Pacific Security. Defence reiterates that ‘there are many avenues in which we talk and we work through the requirements of our bilateral defence relationship.’
Immunity
2.29The Committee inquired into the question of immunity with respect to the Agreement and the immunity of AFP, Defence civilians and others responding to security issues such as climate change, domestic violence etc, which is not necessarily an ADF uniformed task. DFAT explained that this Agreement does not change the privileges and immunities associated with AFP officers but rather provides a framework should both parties want the privileges and immunities to be adjusted.
2.30DFAT said that this agreement sets out a legal framework that allows further subsidiary instruments, including potential instruments and arrangements that are associated with privileges and immunities to be forthcoming. DFAT said that under the existing status of forces agreement between Australia and PNG there are a suite of privileges and immunities that exist. DFAT further said that the intention of the parties through this Agreement is not to expand upon the privileges and immunities that currently exist as covered in the status of forces agreement which covers defence personnel.
Status of forces agreement
2.31The Committee inquired into the situation whereby if there were PNG forces in Australia, or Australian forces in PNG, whether there would need to be changes to legislation. The DOD explained that for the most part, military security cooperation activities comprising both Australian forces in PNG and PNG forces in Australia are dealt with in accordance with the 1977 status of forces agreement and as noted in Article 4 of the Agreement. DFAT said that ‘the status of forces agreement is preserved intact and its scope is as provided for under that agreement.’
Individuals covered by the Agreement
2.32The Committee clarified the individuals who would be covered by the Agreement as this Agreement now includes security in terms of cyber, climate change, violence against women and children, and critical infrastructure which are not necessarily the core work of the ADF.
2.33DFAT clarified that regarding Defence activities in PNG, the 1977 status of forces agreement applies to a ‘Visiting Force’ which means ADF personnel and its ‘civilian component’ which comprises the civilian personnel accompanying the ADF Visiting Force. These civilians could be from Defence or any other government agency, civilian defence contractors when embedded within Defence entities, in addition to a non-government entity or organisation, but they must be accompanying the Visting Force. The status of forces agreement does not grant immunity from PNG jurisdiction for any Defence contractor that comprises the civilian component of the visiting force.
2.34DFAT explained, ‘There was certainly no intention to apply the status of forces agreement to a larger suite of personnel than it currently applies to. But there was a recognition that, as we go forward, there may be circumstances under which our two countries may want to negotiate additional privileges and immunities.’
2.35DFAT said, ‘article 4(b) does allow for any other agreements or arrangements that might be negotiated between Australia and Papua New Guinea to apply to whichever personnel are covered by those agreements or arrangements.’ Further, ‘article 7(2) contemplates that the parties could, if they so decided in future, enter into such agreements or arrangements, including to implement this bilateral security agreement and the broader security scope’. The Committee was informed that these agreements or arrangements could be ongoing or ad hoc to cover certain activities.
Critical infrastructure and new areas of security
2.36The Committee notes that the Agreement covers collaboration on matters of security that are permanent and ongoing, as well as consultation on occasional events that threaten security and new areas of security such as cyber, climate change and critical infrastructure.
2.37DFAT confirmed that cyber security is a significant area of focus for both countries. The Committee learned that at a recent ministerial forum it was a significant topic of conversation between ministers, and discussion was led by Minister for Home Affairs Clare O’Neil on the topic of cyberattacks and how they apply to critical infrastructure. DFAT said that it was not anticipated that Australia would require a subsidiary agreement before they could deploy cyber specialists to support PNG upon request.
2.38DFAT said that normally privileges and immunities are seen by the Government as being critical for officers acting in particularly operational roles for the police and armed forces. These individuals are at risk of particular engagement with the public or other related scenarios.
2.39The Committee learned that the Government does not expect the same risks are enlivened for cyber security support of PNG resilience in building or responding to a cyberattack. DFAT said they had already commenced cooperation in that area and do not see any barriers to that cooperation and have a policy intention to accelerate cooperation. DFAT explained, ‘recently, our Ambassador for Cyber Affairs and Critical Technology, Brendan Dowling, visited Papua New Guinea just a few weeks ago to have exchanges with many ministers to support that cooperation proceeding.’
Amendment to the treaty
2.40DFAT noted that the parties could amend the Agreement at any time by mutual consent to ensure it was kept up to date and current. The Amendments must be in writing. DFAT said it was not unusual to have review provisions in treaties particularly when they cover many different agencies and have lines of effort that sit under a broader framework. DFAT said, ‘We have already started working with Papua New Guinea on an implementation framework so that we can collectively keep track of how we're implementing the agreement, and the support and capacity building associated with it.
Most favourable nation clause
2.41DFAT explained that under the treaty, pursuant to Article 7(3), if PNG were to enter an arrangement that provided the personnel of another country with more favourable privileges and immunities than those Australia has with them, Australia would be able to negotiate an agreement that reflected the other privileges and immunities. This would be possible if similar circumstances applied to each situation. DFAT explained that this ensures that Australian personnel will always have the best possible treatment that PNG is willing to provide to the personnel of any country.
Committee Comment
2.42The Committee acknowledges the strong bilateral relationship that already exists between Australia and PNG, a Pacific Island neighbour. Australia and PNG have a shared history, geographical proximity and a regional strategic outlook. PNG is significant to Australia due to the shared maritime border and our security, defence, trade and people-to-people links.
2.43The Agreement, which builds on an existing status of forces agreement between the two countries elevates the security relationship. The Committee believes that the agreement in question will be of benefit to both countries and is in Australia’s interests. The Agreement establishes a framework that will deepen security cooperation between the two countries and create obligations for the countries to work together more closely on mutual security interests.
2.44The Agreement maintains and strengthens cooperation between the two countries on common security interests, including across traditional security areas such as defence, policing, border, and maritime security. There is also an expansion of the concept of security to non-traditional areas such as addressing challenges in cyber security, climate change, violence against women and children, and critical infrastructure.
2.45Obligations in the Agreement focus on areas such as mutual security cooperation, status of forces and other personnel, security consultation and security assistance, other agreements and arrangements, the protection of information and the settlement of disputes.
2.46At the public hearing, the Committee inquired into key issues in relation to the Agreement, including Australia’s bilateral relationship with PNG, the security focus of the Agreement, the regional focus, implementation, policing engagement, defence engagement, the favoured nation clause, amendment to legislation, immunity, individuals covered by the Agreement, the treaty’s expansion of the concept of ‘security’, and critical infrastructure including cyber security issues. The Committee believes these issues were adequately addressed.
2.47The Committee supports the Agreement Between the Government of Australia and the Government of Papua New Guinea on a Framework for Closer Security Relations and recommends that binding treaty action be taken.