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| Constitutional Review Commission (Papua New Guinea) | |
|---|---|
| Name | Constitutional Review Commission (Papua New Guinea) |
| Formation | 2011 |
| Type | Commission |
| Jurisdiction | Papua New Guinea |
| Headquarters | Port Moresby |
Constitutional Review Commission (Papua New Guinea) is an independent statutory body created to examine and recommend reforms to the Constitution of Papua New Guinea and related laws. The Commission operated amid debates involving the Office of the Prime Minister (Papua New Guinea), the National Parliament of Papua New Guinea, provincial authorities such as East Sepik Province and Western Highlands Province, and civil society groups including the PNG Council of Women and the Papua New Guinea Law Society. Its work intersected with ongoing constitutional issues raised by cases before the National Court (Papua New Guinea), the Supreme Court of Papua New Guinea, and advocacy from organisations like Transparency International.
The Commission was established following lengthy discussions after the 1975 independence settlement embodied in the Constitution of Papua New Guinea. Calls for review intensified during the administrations of Sir Michael Somare, Peter O'Neill, and Somare's National Alliance Party due to disputes over the separation of powers highlighted in decisions such as State v. Pato and controversies relating to the Bougainville conflict. Influential actors included the Pacific Islands Forum, academics from the University of Papua New Guinea, customary leaders from the Highlands Region, and human rights advocates linked to Amnesty International. The Commission's legal basis derived from an act of the National Parliament of Papua New Guinea passed in response to reports by the Law Reform Commission (Papua New Guinea) and recommendations from the Commonwealth Secretariat.
The Commission's mandate encompassed review of the Constitution of Papua New Guinea provisions on executive power, the role of provincial governments such as Milne Bay Province, the autonomy arrangements prompted by the Bougainville Peace Agreement, electoral law reform pertaining to the Electoral Commission of Papua New Guinea, and fundamental rights issues influenced by instruments like the Universal Declaration of Human Rights. Objectives included proposing amendments to improve accountability involving offices such as the Ombudsman Commission (Papua New Guinea), refining appointment processes for the Judiciary of Papua New Guinea, strengthening anti-corruption mechanisms linked to Transparent PNG initiatives, and reconciling statutory law with customary law practices in regions including the Sepik River basin.
The Commission comprised commissioners appointed by the Governor-General of Papua New Guinea on advice from the Prime Minister of Papua New Guinea and confirmation by the National Parliament of Papua New Guinea. Members included jurists with experience in the Supreme Court of Papua New Guinea, academics from the University of Papua New Guinea and Divine Word University, representatives from provincial administrations like East New Britain Province, and civil society figures from organisations such as the PNG Council of Women and the Papua New Guinea Law Society. The Commission operated with secretariat support modelled on the Law Reform Commission (Papua New Guinea) and collaborated with international advisers from the United Nations Development Programme and the Commonwealth Secretariat.
The Commission conducted nationwide consultations, hearing submissions in provincial centers including Lae, Mount Hagen, and Goroka, and engaged customary leaders from the Highlands Region and New Guinea Islands. It issued discussion papers addressing issues such as the interpretation of sections of the Constitution of Papua New Guinea, decentralisation arrangements affecting provincial governments, and electoral reforms for the Electoral Commission of Papua New Guinea. The process involved drafting proposals, conducting comparative analysis with constitutions like the Constitution of Fiji and the Constitution of Australia, and liaising with statutory bodies such as the Ombudsman Commission (Papua New Guinea) and the Public Prosecutor (Papua New Guinea).
Major outputs included interim and final reports recommending amendments on judicial appointment procedures, clearer delineation of executive authority referencing practices in New Zealand and Australia, enhanced protections for indigenous customary rights akin to provisions in the Constitution of Vanuatu, and proposals to strengthen anti-corruption oversight linked to the Ombudsman Commission (Papua New Guinea). The Commission proposed reforms to the electoral framework administered by the Electoral Commission of Papua New Guinea and suggestions for constitutional recognition of autonomous arrangements similar to the Bougainville Autonomous Region model. Reports addressed interactions with international law instruments such as the International Covenant on Civil and Political Rights.
The Commission's recommendations provoked debate in the National Parliament of Papua New Guinea, drawing support from members associated with parties like the People's National Congress (Papua New Guinea) and criticism from factions aligned with Papua New Guinea Party. Civil society organisations including the PNG Council of Women and legal organisations such as the Papua New Guinea Law Society engaged in public advocacy for selective adoption of recommendations. Judicial actors in the Supreme Court of Papua New Guinea noted the Commission's analysis in subsequent constitutional litigation, while regional bodies like the Pacific Islands Forum monitored progress. Some provincial administrations, notably in Bougainville, welcomed attention to autonomy arrangements while others expressed concerns about centralisation.
Critics challenged the Commission on grounds including perceived politicisation by figures linked to the Prime Minister of Papua New Guinea's office, limited resources compared with the Law Reform Commission (Papua New Guinea), and accusations of insufficient engagement with customary authorities in areas such as the Sepik River and Trobriand Islands. Debate arose over proposed clauses affecting the Ombudsman Commission (Papua New Guinea) and the balance of powers noted in precedents like Kora v. Attorney-General. Observers from international NGOs including Transparency International and academic commentators from the University of Papua New Guinea highlighted implementation challenges and the need for parliamentary and popular processes, including potential referendums overseen by the Electoral Commission of Papua New Guinea.
Category:Politics of Papua New Guinea Category:Law of Papua New Guinea