2022
Statelessness & Citizenship Review
4(2)
administrative mark as well as social resentments that would be played out in the
developing citizenship criteria of PNG and its racialised articulation of who was
‘in’ and who was ‘out’.12
This article seeks to identify a correlation between the racialised categories by
which PNG inhabitants were governed in the colonial period and the citizenship
statuses that flowed from these post-independence. In the lead up to PNG
independence, Australia had to decide what responsibility, if any, it would take for
APP inhabitants of PNG who did not become automatic citizens of that country
on Independence Day. Drawing on recently opened Australian Government files,
this article demonstrates how the intersection of Australian policy choices with
those of PNG resulted in the aforementioned cohort of APPs remaining stateless
in the aftermath of PNG independence.
At present, there is little to nothing written about APPs beyond explanations of
the legal basis of the status in Australian citizenship law.13 The likely explanation
for this rests in the fact that APP status has not had the same judicial scrutiny or
press attention as that had by the status of Australian citizen (without right of
entry). Further, it may also be the case that APPs have had little scholarly attention
because of the faint, and, as yet unresolved, trace that the category has left in the
archival records. Despite these issues, this article offers a close examination of
these archival remnants and attempts to cast light on the particular historical
moment that had such unhappy consequences for a cohort of individuals whose
perceived racial characteristics left them betwixt and between in the separation of
PNG from Australia.
In Part II, an overview is offered of the legal basis for Australia’s administration
of pre-independence PNG. It explains why Territory of New Guinea inhabitants
were not given the status of Australian citizen and considers how racial
considerations in relation to both PNG and Australia were front and centre in
formulating how Australian nationality law and Australian immigration law were
applied to PNG inhabitants, as a matter of policy, in the period leading up to the
election in December 1972 of the Whitlam Labor Government.
Part III describes the political process within PNG over the period of 1972–75,
which resulted in the PNG Constitution’s citizenship provisions effectively
imposing a racial qualification for the acquisition of automatic PNG citizenship
on independence. Following on from this, Part IV offers a discussion of how the
Australian Government decided over the same period what its policy response
should be to PNG inhabitants who did not become automatic PNG citizens on
Independence Day. Finally, Part V attempts to trace the specific and separate
fate of those who retained or obtained APP status in the period between PNG
independence and the formal abolition of APP status in Australian law on
1 May 1987.
Ultimately, the article concludes that the story of the APPs cannot be fully
excavated within the extant and currently available archives. It does, however,
identify an important lacuna in the history of Australian citizenship law, in
particular, concerning the relationship between racialised categories of national
belonging and incidences of statelessness. It is suggested that future releases of
Government archives may, in time, enable this gap to be more comprehensively
explored.
12
13
Michael Somare quoted in Wolfers (n 7) 346.
See, eg, ibid 301–303; Rubenstein and Field (n 1) 104–106; John Goldring, The Constitution
of Papua New Guinea: A Study in Legal Nationalism (Law Book Co 1978) 204.
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