Papua New Guinea is an Ocenian country located on the shores of the Pacific Ocean, sharing a border with Indonesia. The population of this country is approx 1,17,81,000 with 4,62,840 square kilometers area. Official languages are English, Hiri Motu, Tok Pisin. About 850 other languages are used in daily life. Religiously 95% are Christian.
Every citizen has a reasonable right of privacy for personal and family life; communication with other persons; and the protection of personal documents. However, authorities are able to collect, store and use personal data, including fingerprints and iris images, to identify a person.
These are positive aspects. Now let's discuss the negative aspects.
Whoever wrote the constitution of Papua New Guinea, made every simple thing very complicated. Perhaps the main intention was - that the citizens of the state would stop reading the constitution after reading it for a while.
Even more strange, a second constitution exists within the constitution of Papua New Guinea. In 2000, the Government of Papua New Guinea was forced to reach a so-called settlement agreement with a group of separatists. There is a legislatture, government, and court system for the whole of Papua New Guinea; A similar separate arrangement is made for Bougainville, a so-called special region.
Admirable Articles of Papua New Guinea's Constitution
32. RIGHT TO FREEDOM (Part of it)
● Every person has the right to freedom based on law, and accordingly has a legal right to do any thing that-
● does not injure or interfere with the rights and freedoms of others; and
● is not prohibited by law,
and no person-
● is obliged to do anything that is not required by law; and
● may be prevented from doing anything that complies with the provisions of paragraphs (a) and (b).
42. LIBERTY OF THE PERSON (Part of it)
● No person shall be deprived of his personal liberty except-
● in consequence of his unfitness to plead to a criminal charge; or
● in the execution of the sentence or order of a court in respect of an offence of which he has been found guilty, or in the execution of the order of a court of record punishing him for contempt of itself or another court or tribunal; or
● by reason of his failure to comply with the order of a court made to secure the fulfilment of an obligation (other than a contractual obligation) imposed upon him by law; or
● upon reasonable suspicion of his having committed, or being about to commit, an offence; or
● for the purpose of bringing him before a court in execution of the order of a court; or
● for the purpose of preventing the introduction or spread of a disease or suspected disease, whether of humans, animals or plants, or for normal purposes of quarantine; or
● in the case of a person who has not attained the age of 18 years, for the purpose of his education or welfare under the order of a court or with the consent of his guardian.
● A person who is arrested or detained-
● shall be informed promptly, in a language that he understands, of the reasons for his arrest or detention and of any charge against him; and
● shall be permitted whenever practicable to communicate without delay and in private with a member of his family or a personal friend, and with a lawyer of his choice (including the Public Solicitor if he is entitled to legal aid); or
● shall be given adequate opportunity to give instructions to a lawyer of his choice in the place in which he is detained,
● and shall be informed immediately on his arrest or detention of his rights under this subsection.
● A person who is arrested or detained-
● for the purpose of being brought before a court in the execution of an order of a court; or
● upon reasonable suspicion of his having committed, or being about to commit, an offence,
● shall, unless he is released, be brought without delay before a court or a judicial officer and, in a case referred to in paragraph (b), shall not be further held in custody in connection with the offence except by order of a court or judicial officer.
● Where complaint is made to the National Court or a Judge that a person is unlawfully or unreasonably detained-
● the National Court or a Judge shall inquire into the complaint and order the person concerned to be brought before it or him; and
● unless the Court or Judge is satisfied that the detention is lawful, and in the case of a person being detained on remand pending his trial does not constitute an unreasonable detention having regard, in particular, to its length, the Court or a Judge shall order his release either unconditionally or subject to such conditions as the Court or Judge thinks fit.
● A person arrested or detained for an offence (other than treason or wilful murder as defined by an Act of the Parliament) is entitled to bail at all times from arrest or detention to acquittal or conviction unless the interests of justice otherwise require.
● Where a person to whom Subsection (6) applies is refused bail-
● the court or person refusing bail shall, on request by the person concerned or his representative, state in writing the reason for the refusal; and
● the person or his representative may apply to the Supreme Court or the National Court in a summary manner for his release.
● Subject to any other law, nothing in this section applies in respect of any reasonable act of the parent or guardian of a child, or a person into whose care a child has been committed, in the course of the education, discipline or upbringing of the child.
● Subject to any Constitutional Law or Act of the Parliament, nothing in this section applies in respect of a person who is in custody under the law of another country-
● while in transit through the country; or
● as permitted by or under an Act of the Parliament made for the purposes of Section 206 (visiting forces)
43. FREEDOM FROM FORCED LABOUR
● No person shall be required to perform forced labour.
● In Subsection (1), "forced labour" does not include-
● labour required by the sentence or order of a court; or
● labour required of a person while in lawful custody, being labour that, although not required by the sentence or order of a court, is necessary for the hygiene of, or for the maintenance of, the place in which he is in custody; or
● in the case of a person in custody for the purpose of his care, treatment, rehabilitation or welfare, labour reasonably required for that purpose; or
● labour required of a member of a disciplined force in pursuance of his duties as such a member; or
● subject to the approval of any local government body for the area in which he is required to work, labour reasonably required as part of reasonable and normal communal or other civic duties; or
● labour of a reasonable amount and kind (including in the case of compulsory military service, labour required as an alternative to such service in the case of a person who has conscientious objections to military service) that is required in the national interest by an Organic Law that complies with Section 38 (general qualifications on qualified rights).
44. FREEDOM FROM ARBITRARY SEARCH AND ENTRY (Part of it)
No person shall be subjected to the search of his person or property or to entry of his premises, except to the extent that the exercise of that right is regulated or restricted by a law-
● that makes reasonable provision for a search or entry-
● under an order made by a court; or
● under a warrant for a search issued by a court or judicial officer on reasonable grounds, supported by oath or affirmation, particularly describing the purpose of the search; or
● that authorizes a public officer or government agent of Papua New Guinea or an officer of a body corporate established by law for a public purpose to enter, where necessary, on the premises of a person in order to inspect those premises or anything in or on them in relation to any rate or tax or in order to carry out work connected with any property that is lawfully in or on those premises and belongs to the Government or any such body corporate; or
● that authorizes the inspection of goods, premises, vehicles, ships or aircraft to ensure compliance with lawful requirements as to the entry of persons or importation of goods into Papua New Guinea or departure of persons or exportation of goods from Papua New Guinea or as to standards of safe construction, public safety, public health, permitted use or similar matters, or to secure compliance with the terms of a licence to engage in manufacture or trade;
49. RIGHT TO PRIVACY
● Every person has a right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated or restricted by law that complies with Section 38 (general qualifications on qualified rights).
● Subsection (1) does not prevent any law from authorising the capture, storage and use of personal information including finger or palm print and iris image to identify a person in order for the person to obtain a passport, visa or to exercise their right to vote at elections.
51. RIGHT TO FREEDOM OF INFORMATION
● Every citizen other than a citizen who has dual citizenship has the right of reasonable access to official documents, subject only to the need for such secrecy as is reasonably justifiable in a democratic society in respect of-
● matters relating to national security, defence or international relations of Papua New Guinea (including Papua New Guinea's relations with the Government of any other country or with any international organization); or
● records of meetings and decisions of the National Executive Council and of such executive bodies and elected governmental authorities as are prescribed by Organic Law or Act of the Parliament; or
● trade secrets, and privileged or confidential commercial or financial information obtained from a person or body; or
● parliamentary papers the subject of parliamentary privilege; or
● reports, official registers and memoranda prepared by governmental authorities or authorities established by government, prior to completion; or
● papers relating to lawful official activities for investigation and prosecution of crime; or
● the prevention, investigation and prosecution of crime; or
● the maintenance of personal privacy and security of the person; or
● matters contained in or related to reports prepared by, on behalf of or for the use of a governmental authority responsible for the regulation or supervision of financial institutions; or
● geological or geographical information and data concerning wells and ore bodies.
● A law that complies with Section 38 (general qualifications on qualified rights) may regulate or restrict the right guaranteed by this section.
● Provision shall be made by law to establish procedures by which citizens may obtain ready access to official information.
● This section does not authorize-
● withholding information or limiting the availability of records to the public except in accordance with its provisions; or
● withholding information from the Parliament.
103. QUALIFICATIONS FOR AND DISQUALIFICATIONS FROM MEMBERSHIP (Part of it)
● A person is not qualified to be, or to remain, a member of the Parliament if-
○ he is not entitled to vote in elections to the Parliament; or
○ he is of unsound mind within the meaning of any law relating to the protection of the persons and property of persons of unsound mind; or
○ subject to Subsections (4) to (7), he is under sentence of death or imprisonment for a period of more than nine months; or
○ he is adjudged insolvent under any law; or
○ he has been convicted under any law of an indictable offence committed after the coming into operation of the Constitutional Amendment No. 24 – Electoral Reforms; or
○ he is otherwise disqualified under the Constitution.
109. GENERAL POWER OF LAW-MAKING (Part of it)
● Subject to this Constitution, the Parliament may make laws, having effect within and outside the country, for the peace, order and good government of Papua New Guinea and the welfare of the People.
184. RULES OF COURT (Part of it)
● The Judges of the Supreme Court or of the National Court may make rules of court, not inconsistent with a Constitutional Law or an Act of the Parliament, with respect to the practice and procedure in and in relation to the Supreme Court or the National Court, as the case may be.
200. RAISING UNAUTHORIZED FORCES
● It is strictly forbidden to establish, equip, train or take part in or associate with a military or para-military force, or to organize or take part in military or para-military training, except such as is provided for by this Constitution, or to plan, prepare for or assist in the raising or training of such a force or in such training.
● Subsection (1) does not prevent-
● the establishment of a reserve, auxiliary or special force (by whatever name known) as part of the Defence Force; or
● the establishment of civilian components of the Defence Force, or the establishment or recognition of non-combatant units or organizations within, attached to or associated with the Defence Force,
in accordance with an Act of the Parliament.
● An Act of the Parliament may provide that Subsection (1) does not apply to the armed forces of any other country specified in or under the Act, or to the civilian components of, or to the noncombatant units or organizations whether attached to or associated with such forces.
Facts of Papua New Guinea's Constitution
7. OATH OF ALLEGIANCE
Where a law requires an Oath of Allegiance or Affirmation of Allegiance to be made, it shall be made in the following form:
"Oath of Allegiance.
I‚ ... do swear that I will well and truly serve and bear true allegiance to Her Majesty Queen Elizabeth II. Her heirs and successors according to law.
SO HELP ME GOD!
Affirmation of Allegiance.
I, ... do promise and affirm that I will well and truly serve Her Majesty Queen Elizabeth II. Her heirs and successors according to law."
82. QUEEN AND HEAD OF STATE
● Her Majesty the Queen-
● having been requested by the people of Papua New Guinea, through their Constituent Assembly, to become the Queen and Head of State of Papua New Guinea; and
● having graciously consented so to become, is the Queen and Head of State of Papua New Guinea.
● Subject to and in accordance with this Constitution, the privileges, powers, functions, duties and responsibilities of the Head of State may be had, exercised and performed through a Governor-General appointed in accordance with Division 3 (appointment, etc., of Governor-General) and, except where the contrary intention appears, reference in any law to the Head of State shall be read accordingly.
83. QUEEN'S SUCCESSORS
The provisions of this Constitution referring to the Queen extend to Her Majesty's heirs and successors in the sovereignty of the United Kingdom of Great Britain and Northern Ireland.
84. PRECEDENCE
The Head of State takes precedence in rank over all other persons in Papua New Guinea and the Governor-General takes precedence in rank immediately after the Head of State.
85. ROYAL STYLE AND TITLES
The Style and Titles of the Head of State are as determined by Act of the Parliament, and until such an Act is made are-
Elizabeth II, Queen of Papua New Guinea and Her other Realms and Territories, Head of the Commonwealth.
PART XIV. BOUGAINVILLE GOVERNMENT AND BOUGAINVILLE REFERENDUM
Division 1. Preliminary
276. APPLICATION OF THIS PART
1. This Part applies in and in relation to Bougainville only.
2. This Part shall apply notwithstanding the provisions of this Constitution and where the other provisions of this Constitution are inconsistent with the provisions of this Part, the provisions of this Part shall prevail.
Division 2. Arrangements for the Establishment of Bougainville Government
279. AUTONOMOUS GOVERNMENT FOR BOUGAINVILLE
1. There shall be a system of autonomous government for Bougainville in accordance with this Part
2. Elections to the Bougainville Legislature may be held only–
a. in accordance with an agreement reached in accordance with Paragraph 8(a) of the weapons disposal plan contained in the Agreement; or
b. on verification and certification by the Director of the United Nations Observer Mission in Bougainville, of substantial compliance with, and generally in accordance with Paragraph 8(b), the weapons disposal plan according to the Agreement
3. An Organic Law shall make provision for such matters pertaining to the system of autonomous government as are authorized by this Part
280. BOUGAINVILLE CONSTITUTION
There shall be a Bougainville Constitution made and endorsed in accordance with this Part, which make provision for the organization and structures of the government for Bougainville under the autonomy arrangements in a manner consistent with this Part and with the Agreement
