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| Constitution of Papua New Guinea (1975) | |
|---|---|
| Name | Constitution of Papua New Guinea |
| Presented | 1975 |
| Ratified | 1975 |
| System | Parliamentary constitutional monarchy |
| Head of state | Monarch of the United Kingdom; Governor‑General of Papua New Guinea |
| Chambers | National Parliament |
| Courts | Supreme Court of Papua New Guinea |
Constitution of Papua New Guinea (1975) The Constitution of Papua New Guinea came into force at independence in 1975, establishing the framework for the constitutional monarchy, parliamentary institutions, and the protection of individual and communal rights. It reflects influences from United Kingdom, Australia, Canada, New Zealand, Papua New Guinea leaders, and international instruments such as the Universal Declaration of Human Rights, integrating customary arrangements alongside modern state structures. Key drafters, negotiators, and signatories included figures associated with the Pangu Pati, Michael Somare, and constitutional advisers drawn from Commonwealth jurisdictions.
The drafting process drew on comparative models from the British North America Act, the Statute of Westminster 1931, the constitutional experience of Australia and the federal debates surrounding Federation of Australia, with input from local leaders of the Pangu Pati, United Party (Papua New Guinea), and the Melanesian Alliance Party. Constitutional conferences involved delegates from provincial councils such as the Northern Province, Morobe Province, and representatives of highland societies associated with the Tari and Asaro communities, alongside advisers from the British Government and the Australian Government. Drafting committees referenced jurisprudence from the Judicial Committee of the Privy Council, decisions of the High Court of Australia, and constitutional texts used in Canada and New Zealand to resolve issues about the role of the Monarch of the United Kingdom, the functions of a Governor‑General of Papua New Guinea, and the composition of the National Parliament. Negotiations over land, language, and customary law involved leaders from Hela Province, East Sepik, and coastal constituencies, and were shaped by decolonization debates influenced by the United Nations General Assembly and regional organizations like the Pacific Islands Forum.
The preamble situates the state within the history of contacts with German New Guinea, the Territory of Papua, and wartime experiences such as the Battle of Milne Bay and the New Guinea campaign. It affirms allegiance to the Monarch of the United Kingdom and acknowledges commitments under instruments including the Universal Declaration of Human Rights and conventions adopted by the International Labour Organization. Fundamental principles enshrined in early sections are informed by concepts articulated in decisions from the Privy Council, cases from the High Court of Australia, and declarations from leaders such as Michael Somare and Dame Josephine Abaijah. The constitution emphasizes respect for customary authority as recognized in provincial statutes like those debated in Central Province and in regional practices found among Tolai and Chimbu societies.
The constitution establishes a parliamentary system centered on the National Parliament with a Prime Minister of Papua New Guinea drawn from party leaders such as those of the Pangu Pati and former figures from the People's Progress Party. The head of state role is vested in the Monarch of the United Kingdom and exercised domestically by the Governor‑General of Papua New Guinea appointed on advice from the National Parliament. Executive authority is exercised by Cabinet ministers modeled on Commonwealth conventions seen in Westminster system jurisdictions like United Kingdom and New Zealand. The judicial structure culminates in the Supreme Court of Papua New Guinea and lower courts, with appellate pathways referencing precedents from the Judicial Committee of the Privy Council and later interactions with the International Court of Justice on certain matters. Provincial administrations reflect decentralization concepts familiar from debates in Australia and federal discussions in Canada, with provincial leaders like those from Oro Province influencing governance practice.
The bill of rights section guarantees civil and political rights influenced by the Universal Declaration of Human Rights and regional commitments reflected in pronouncements by the Pacific Islands Forum. Provisions protect freedoms that intersect with customary practices of groups such as the Huli and Kairiru, and enshrine non‑discrimination principles akin to those in the International Covenant on Civil and Political Rights. Case law from the Supreme Court of Papua New Guinea and comparative rulings from the High Court of Australia and decisions of the Privy Council have shaped interpretation of rights related to speech, assembly, and religion as practised by communities including the Siassi Islanders and faith bodies like the Roman Catholic Church in Papua New Guinea and the United Church in Papua New Guinea and the Solomon Islands.
The constitution recognizes proprietary interests and customary tenure systems central to societies across New Guinea Highlands, Bougainville, and coastal zones such as Milne Bay Province. Land provisions were informed by historical arrangements dating to German New Guinea administration, Territory of Papua policies, and postwar land reforms debated by members of the House of Assembly of Papua and New Guinea. Customary law is given force where compatible with constitutional rights, reflecting tensions seen in disputes involving the Bougainville conflict and negotiations with companies like those in the Ok Tedi Mine and Ramu Nickel projects. Courts have applied principles from customary jurisprudence alongside statutory frameworks developed by provincial assemblies in Western Province and East New Britain.
Amendment mechanisms require special majorities in the National Parliament and, for entrenched provisions such as those concerning the Monarch of the United Kingdom or land rights, supermajorities or referendum procedures drawing on comparative practices from the Constitution of Canada and Australia. Historical amendments have been deliberated with reference to political parties including the People's Progress Party and institutions like the Electoral Commission of Papua New Guinea, and have invoked debates reminiscent of constitutional adjustments in New Zealand and postcolonial states of the Commonwealth of Nations.
Implementation at independence involved transitional arrangements negotiated between the Australian Government and Papua New Guinea leaders including Michael Somare, with administrative handovers in departments influenced by colonial-era offices in Port Moresby and civil servants previously attached to the Territory of Papua and New Guinea. Early constitutional application faced challenges during events such as provincial secessionist movements in Bougainville and policy disputes involving mining projects like Ok Tedi Mine; judicial review by the Supreme Court of Papua New Guinea and political mediation by parties such as the Pangu Pati and National Alliance Party (Papua New Guinea) shaped subsequent governance practice. Continued engagement with regional bodies such as the Pacific Islands Forum and international law institutions has influenced constitutional evolution.
Category:Law of Papua New Guinea