Papua New Guinea Parliament has passed the Vagrancy Act which provides that one can be declared a vagrant if they are found not “a fit and proper person” to live in an urban centre.
The bill was passed with an 80-1 vote, with Chuave MP and Opposition Leader James Nomane the only one to vote against it.
National Capital District Governor Powes Parkop, who tabled the Vagrancy Bill 2025, said it would only affect those who continuously engaged in criminal behaviour in urban centres.
“The idea is that if you commit a violent crime (repeatedly), that is unacceptable (and) you will be sent back to your home (district),” he said.
This means that anyone who breaks any laws in any cities or towns in the country will be arrested by police, charged, and taken to court.
Police can then apply for an exclusion order, and the court will determine how long the offender is to stay away.
Parkop said as an example, if there was an ongoing criminal case, or if someone was suspected of inciting ethnic conflict, alcohol-driven fight or other crime, police or town authorities could apply to the court for an exclusion order.
“If you are unemployed and don’t engage or commit crimes, then this law doesn’t apply to you,” Parkop explained.
“This law also applies to members of parliament, chief executive officer or anyone in a higher position involved in any crimes like buying, transporting, or selling guns and ammunitions.”
Parkop said “it’s our city (Port Moresby) and we must live together”.
“Whatever your issue is with tribal fights, leave it there (at your home district). Don’t bring it into the city,” he said.
This bill had been brought up before but was shelved because it was deemed unconstitutional by the Supreme Court.
Parkop described the bill as another tool available to the municipal authorities to use where and when necessary to complement their efforts to deal with crime in their municipalities.
He said while it would not solve all issues, it would help address some of the challenges.
“It will definitely not be a silver bullet to solve all the rural-urban migration issue or other related issues in the urban centres,” Parkop said.
“We have the Criminal Code Act and the Summary Offences Act that deal with minor offences.
“Our problem is enforcement. Police (resources) are stretched. And in the city, we are doing our best to support the police and ensure people live peacefully.
“But some people don’t have the understanding and respect for others who want to live peacefully.”
Parkop said the previous legislation had allowed police to declare a person a vagrant. But it was ruled unconstitutional.
Meanwhile, Opposition leader James Nomane has warned that the Vagrancy Act will create discrimination, erode national unity and will make citizens exiles in their own country.
Nomane, the only MP to vote against the Vagrancy Act bill in Parliament said: “The reason I say this is that, after 50 years, all members must be promoting national unity. I am of the view that the bill will create discrimination, erode national unity and it will make citizens exiles in their own country.
“I am very concerned about the arbitrary nature of this bill in labelling someone a vagrant and then having them prosecuted and sent back to their home province.”
Nomane said there were reasons why people moved to other parts of the country.
“Under the constitution, they have every right to movement and freedom of choice.
“On top of that, the constitution safeguards a person’s rights to move and to live anywhere in the country.”
He told the House: “The laws are already in place; the Criminal Code is already there. All we have to do is enforce the Criminal Code and make sure everybody adheres to the laws of the land.
“They’ll be no need for an additional bill or the vagrancy act to start labelling and discriminating people as vagrants and non-vagrants and telling them to go back their provinces.”
Nomane added that the bill would negate the concept of “our country”.
“What criteria are we applying to make these sorts of decisions? We are going to divide the country,” he said.
