Constitution of the Independent State of Papua New Guinea 1975, as amended to 2014


Affirmative Action (Broadly)

(1) Subject to this Constitution, all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex.
(2) Subsection (1) does not prevent the making of laws for the special benefit, welfare, protection or advancement of females, children and young persons, members of underprivileged or less advanced groups or residents of less advanced areas.
… (Sec. 55)

Citizenship and Nationality

(1) Except as provided by this section, no person who has a real foreign citizenship shall be or become a citizen.
(2) A citizen may apply to the Minister responsible for citizenship matters to be a citizen of a prescribed country, and the Minister may, if he is satisfied as to the matters referred to in Subsection (4), in his deliberative judgment (but subject to Division 4 (Citizenship Advisory Committee)), grant or refuse the application.
(3) A citizen of a prescribed country who would otherwise be qualified to be a citizen under Sections 65, 66 or 67, of the Constitution may apply to the Minister responsible for citizenship matters to be a citizen, and the Minister may, if he is satisfied as to the matters referred to in Subsection (6), in his deliberate judgment (but subject to Division 4 (Citizenship Advisory Committee)), grant or refuse the application.
… (Sec. 64)

Citizenship and Nationality

(1) A person born in the country before Independence Day who has two grand-parents who were born in the country or an adjacent area is a citizen.
(2) A person born outside the country before Independence Day who has two grand-parents born in the country is a citizen as from Independence Day if-
(a) within one year after Independence Day or such longer period as the Minister responsible for citizenship matters allows in a particular case, application is made by him or on his behalf for registration as a citizen; and
(b) he renounces any other citizenship and makes the Declaration of Loyalty-
i. if he has not reached the age of 19 years - in accordance with Section 64(2) (dual citizenship); or
ii .if he has reached the age of 19 years - at or before the time when the application is made.
(3) In Subsection (1), "adjacent area" means an area that immediately before Independence Day constituted-
(a) the Solomon Islands; or
(b) the Province of the Republic of Indonesia known as Irian Jaya; or
(c) the islands in Torres Straits annexed to the then Colony of Queensland under Letters Patent of the United Kingdom of Great Britain and Ireland bearing date the 10th day of October in the forty-second year of the reign of Her Majesty Queen Victoria (that is, 1878), not forming on Independence Day part of the area of Papua New Guinea.
… (Sec. 65)

Citizenship and Nationality

(1) A person who—
(a) is born in the country on or after Independence Day; and
(b) had one parent who was a citizen or who, if he had survived to Independence Day, would have been or would have been entitled to become, such a citizen, is a citizen.
(2) A person—
(a) who is born outside the country on or after Independence Day; and
(b) who had one parent who was a citizen or who, if he had survived to Independence Day, would have been, or would have been entitled to become, such a citizen; and
(c) whose birth is registered as prescribed by or under an Act of the Parliament made for the purposes of this subsection, is a citizen. (Sec. 66)

Citizenship and Nationality

(1) A person who has resided continuously in the country for at least eight years may apply to the Minister responsible for citizenship matters to be naturalized as a citizen, and the Minister may, if he is satisfied as to the matters referred to in Subsection (2), in his deliberate judgement (but subject to Division 4 (Citizenship Advisory Committee)), grant or refuse the application.
(2) To be eligible for naturalization, a person must-
(a) be of good character; and
(b) intend to reside permanently in the country; and
(c) unless prevented by physical or mental disability, speak and understand Pisin or Hiri Motu, or a vernacular of the country, sufficiently for normal conversational purposes; and
(d) have a respect for the customs and cultures of the country; and
(e) be unlikely to be or become a charge on public funds; and
(f) have a reasonable knowledge and understanding of the rights, privileges, responsibilities and duties of citizenship; and
(g) subject to Section 64, renounce, in such manner as is prescribed by or under an Act of the Parliament, any other citizenship and make the Declaration of Loyalty.
(3) If an applicant for naturalization so requests, any child of the applicant who is under voting age at the time when the applicant is naturalized becomes a citizen by naturalization on the naturalization of the applicant. (Sec. 67)

Citizenship and Nationality

(1) Subject to Section 64, a citizen who has reached voting age and is of full capacity who-
(a) obtains the nationality or citizenship of another country by a voluntary act (other than marriage);

loses his citizenship.
… (Sec. 70)

Citizenship and Nationality

(1) Subject to Subsection (2), citizenship once lost can be regained-
(a) in the case of citizenship by virtue of Section 65 (automatic citizenship on Independence Day) or 66 (citizenship by decent)only after five years continuous residence in the country after the loss of citizenship, and in the deliberate judgement (but subject to Division 4 (Citizenship Advisory Committee)) of the Minister responsible for citizenship matters; and
(b) in the case of citizenship by naturalization only in accordance with the law relating to naturalization, for which purpose any period of residence in the country before the loss of citizenship shall be disregarded.
(2) Where a person-
(a) was a citizen by virtue of Section 65 (automatic citizenship on Independence Day) or 66 (citizenship by descent); and
(b) married, before, on or after Independence Day, a person who was a national or citizen of another country; and
(c) became, on or during the marriage, a national or citizen of the country of which his spouse was at that time a national or citizen, and the marriage has permanently broken up, the reference in Subsection (1)(a) to a period of five years shall be read as a reference to a period of three years commencing-
(d) if the person was, at the time when the marriage broke up, resident in the country on the date on which it broke up; or
(e) if the person was at that time resident outside the country on his return to reside in the country. (Sec. 73)

Citizenship and Nationality

(1) Where-
(a) a parent of a child loses his citizenship; and
(b) the Minister is satisfied on application on behalf of the child that it is for the welfare of the child to do so, the Minister responsible for citizenship matters may, by order, deprive the child of his citizenship.
(2) A person aggrieved by an order under Subsection (1) may appeal to the National Court.
(3) An Act of the Parliament may make special provision to facilitate the regaining of citizenship by persons who lose their citizenship by reason of the loss of citizenship by a parent. (Sec. 74)

Jurisdiction and Access

(1) Subject to this Constitution, the Supreme Court has original jurisdiction, to the exclusion of other courts, as to any question relating to the interpretation or application of any provision of a Constitutional Law.
(2) Subject to this Constitution, where any question relating to the interpretation or application of any provision of a Constitutional Law arises in any court or tribunal, other than the Supreme Court, the court or tribunal shall, unless the question is trivial, vexatious or irrelevant, refer the matter to the Supreme Court, and take whatever other action (including the adjournment of proceedings) is appropriate. (Sec. 18)

Jurisdiction and Access

(1) Subject to Subsection (4), the Supreme Court shall, on application by an authority referred to in Subsection (3), give its opinion on any question relating to the interpretation or application of any provision of a Constitutional Law, including (but without limiting the generality of that expression)any question as to the validity of a law or proposed law.

(3) The following authorities only are entitled to make application under Subsection (1):-
(a) the Parliament; and
(b) the Head of State, acting with, and in accordance with, the advice of the National Executive Council; and
(c) the Law Officers of Papua New Guinea; and
(d) the Law Reform Commission; and
(e) the Ombudsman Commission; and
(ea) a Provincial Assembly or a Local-level Government; and
(eb) a provincial executive; and
(ec) a body established by a Constitutional Law or an Act of the Parliament specifically for the settlement of disputes between the National Government and Provincial Governments or Local-level Governments, or between Provincial Governments, or between Provincial Governments and Local-level Governments, or Local-level Governments; and
(f) the Speaker, in accordance with Section 137(3) (Acts of Indemnity).
(4) Subject to any Act of the Parliament, the Rules of Court of the Supreme Court may make provision in respect of matters relating to the jurisdiction of the Supreme Court under this section, and in particular as to-
(a) the form and contents of questions to be decided by the Court; and
(b) the provision of counsel adequate to enable full argument before the Court of any question; and
(c) cases and circumstances in which the Court may decline to give an opinion.
… (Sec. 19)

Education

WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-

(h) in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the National Goals and Directive Principles;
… (Preamble, Basic Social Obligations)

Employment Rights and Protection

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-

(e) freedom of employment and freedom of movement;
… (Preamble, Basic Rights)

Employment Rights and Protection

(1) Every person has the right to freedom of choice of employment in any calling for which he has the qualifications (if any) lawfully required, except to the extent that that freedom is regulated or restricted voluntarily or by a law that complies with Section 38 (general qualifications on qualified rights), or a law that imposes restrictions on non-citizens.
… (Sec. 48)

Equality and Non-Discrimination

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on non-citizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:—
(a) life, liberty, security of the person and the protection of the law; and
… (Preamble, Basic Rights)

Equality and Non-Discrimination

(1) Subject to this Constitution, all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex.
(2) Subsection (1) does not prevent the making of laws for the special benefit, welfare, protection or advancement of females, children and young persons, members of underprivileged or less advanced groups or residents of less advanced areas.
(3) Subsection (1) does not affect the operation of a pre-Independence law. (Sec. 55)

Equality and Non-Discrimination

In a Constitutional Law-
(a) words importing the masculine gender include females;
… (Schedule 1.8)

Obligations of the State

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on non-citizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:—
(a) life, liberty, security of the person and the protection of the law; and
(b) the right to take part in political activities; and
(c) freedom from inhuman treatment and forced labour; and
(d) freedom of conscience, of expression, of information and of assembly and association; and
(e) freedom of employment and freedom of movement; and
(f) protection for the privacy of their homes and other property and from unjust deprivation of property,
and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest. (Preamble, Basic Rights)

Obligations of the State

Nothing in this Division derogates the rights and freedoms of the individual under any other law and, in particular, an Organic Law or an Act of the Parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right to freedom (including the limitations that may be imposed under Section 38 (general qualifications on qualified rights). (Sec. 33)

Obligations of the State

Subject to this Constitution, each provision of this Division2 applies, as far as may be—
(a) as between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals,
except where, or to the extent that, the contrary intention appears in this Constitution. (Sec. 34)

Obligations of the State

(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)

Obligations of Private Parties

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
(a) life, liberty, security of the person and the protection of the law; and
(b) the right to take part in political activities; and
(c) freedom from inhuman treatment and forced labour; and
(d) freedom of conscience, of expression, of information and of assembly and association; and
(e) freedom of employment and freedom of movement; and
(f) protection for the privacy of their homes and other property and from unjust deprivation of property, and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest. (Preamble, Basic Rights)

Obligations of Private Parties

WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-

(f) to respect the rights and freedoms of others, and to co-operate fully with others in the interests of interdependence and solidarity;
... (Preamble, Basic Social Obligations)

Obligations of Private Parties

(2) Every person has the right to freedom based on law, and accordingly has a legal right to do any thing that-
(a) does not injure or interfere with the rights and freedoms of others;
… (Sec. 32)

Obligations of Private Parties

Subject to this Constitution, each provision of this Division3 applies, as far as may be—
(a) as between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the contrary intention appears in this Constitution. (Sec. 34)

Judicial Protection

The provisions of this Constitution that recognize rights of individuals (including corporations and associations) as well as those that confer powers or impose duties on public authorities, shall not be left without effect because of the lack of supporting, machinery or procedural laws, but the lack shall, as far as practicable, be supplied by the National Court in the light of the National Goals and Directive Principles, and by way of analogy from other laws, general principles of justice and generally-accepted doctrine. (Sec. 22)

Judicial Protection

(3) For the purposes of determining whether or not any law, matter or thing is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, a court may have regard to—
(a) the provisions of this Constitution generally, and especially the National Goals and Directive Principles and the Basic Social Obligations; and
(b) the Charter of the United Nations; and
(c) the Universal Declaration of Human Rights and any other declaration, recommendation or decision of the General Assembly of the United Nations concerning human rights and fundamental freedoms; and
(d) the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and any other international conventions, agreements or declarations concerning human rights and fundamental freedoms; and
(e) judgements, reports and opinions of the International Court of Justice, the European Commission of Human Rights, the European Court of Human Rights and other international courts and tribunals dealing with human rights and fundamental freedoms; and
(f) previous laws, practices and judicial decisions and opinions in the country; and
(g) laws, practices and judicial decisions and opinions in other countries; and
(h) the Final Report of the pre-Independence Constitutional Planning Committee dated 13 August 1974 and presented to the pre-Independence House of Assembly on 16 August 1974, as affected by decisions of that House on the report and by decisions of the Constituent Assembly on the draft of this Constitution; and
(i) declarations by the International Commission of Jurists and other similar organizations; and
(j) any other material that the court considers relevant. (Sec. 39)

Judicial Protection

(1) A right or freedom referred to in this Division shall be protected by, and is enforceable in, the Supreme Court or the National Court or any other court prescribed for the purpose by an Act of the Parliament, either on its own initiative or on application by any person who has an interest in its protection and enforcement, or in the case of a person who is, in the opinion of the court, unable fully and freely to exercise his rights under this section by a person acting on his behalf, whether or not by his authority.
(2) For the purposes of this section-
(a) the Law Officers of Papua New Guinea; and
(b) any other persons prescribed for the purpose by an Act of the Parliament; and
(c) any other persons with an interest (whether personal or not) in the maintenance of the principles commonly known as the Rule of Law such that, in the opinion of the court concerned, they ought to be allowed to appear and be heard on the matter in question, have an interest in the protection and enforcement of the rights and freedoms referred to in this Division, but this subsection does not limit the persons or classes of persons who have such an interest.
… (Sec. 57)

Judicial Protection

(1) This section is in addition to, and not in derogation of, Section 57 (enforcement of guaranteed rights and freedoms).
(2) A person whose rights or freedoms declared or protected by this Division are infringed (including any infringement caused by a derogation of the restrictions specified in Part X.5 (internment)) on the use of emergency powers in relation to internment is entitled to reasonable damages and, if the court thinks it proper, exemplary damages in respect of the infringement.
(3) Subject to Subsections (4) and (5), damages may be a awarded against any person who committed, or was responsible for, the infringement.
… (Sec. 58)

National Human Rights Bodies

The purposes of the establishment of the Ombudsman Commission are-
(a) to ensure that all governmental bodies are responsive to the needs and aspirations of the People; and
(b) to help in the improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; and
(c) to help in the elimination of unfair or otherwise defective legislation and practices affecting or administered by governmental bodies; and
(d) to supervise the enforcement of Division III.2 (leadership code). (Sec. 218)

National Human Rights Bodies

(1) Subject to this section and to any Organic Law made for the purposes of Subsection (7), the functions of the Ombudsman Commission are-
(a) to investigate, on its own initiative or on complaint by a person affected, any conduct on the part of-
i. any State Service or provincial service, or a member of any such service; or
ii. any other governmental body, or an officer or employee of a governmental body; or
iii. any local government body or an officer or employee of any such body; or
iv. any other body set up by statute-
A. that is wholly or mainly supported out of public moneys of Papua New Guinea; or
B. all of, or the majority of, the members of the controlling authority of which are appointed by the National Executive, or an officer of employee of any such body; and
v. any member of the personal staff of the Governor-General, a Minister or the Leader or Deputy Leader of the Opposition; or
vi. any other body or person prescribed for the purpose by an Act of the Parliament, specified by or under an Organic Law in the exercise of a power or function vested in it or him by law in cases where the conduct is or may be wrong, taking into account, amongst other things, the National Goals and Directive Principles, the Basic Rights and the Basic Social Obligations;
… (Sec. 219)

Limitations and/or Derogations

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
(a) life, liberty, security of the person and the protection of the law; and
(b) the right to take part in political activities; and
(c) freedom from inhuman treatment and forced labour; and
(d) freedom of conscience, of expression, of information and of assembly and association; and
(e) freedom of employment and freedom of movement; and
(f) protection for the privacy of their homes and other property and from unjust deprivation of property, and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest. (Preamble, Basic Rights)

Limitations and/or Derogations

(2) Every person has the right to freedom based on law, and accordingly has a legal right to do any thing that-
(a) does not injure or interfere with the rights and freedoms of others;
… (Sec. 32)

Limitations and/or Derogations

Nothing in this Division derogates the rights and freedoms of the individual under any other law and, in particular, an Organic Law or an Act of the Parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right to freedom (including the limitations that may be imposed under Section 38 (general qualifications on qualified rights). (Sec. 33)

Limitations and/or Derogations

(1) For the purposes of this Subdivision4, a law that complies with the requirements of this section is a law that is made and certified in accordance with Subsection (2), and that-

(a) regulates or restricts the exercise of a right or freedom referred to in this Subdivision to the extent that the regulation or restriction is necessary-
i. taking account of the National Goals and Directive Principles and the Basic Social Obligations, for the purpose of giving effect to the public interest in-
A. defence; or
B. public safety; or
C. public order; or
D. public welfare; or
E. public health (including animal and plant health); or
F. the protection of children and persons under disability (whether legal or practical); or
G. the development of under-privileged or less advanced groups or areas; or
ii.in order to protect the exercise of the rights and freedoms of others; or
(b) makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper respect for the rights and dignity of mankind.
(2) For the purposes of Subsection (1), a law must-
(a) be expressed to be a law that is made for that purpose; and
(b) specify the right or freedom that it regulates or restricts; and
(c) be made, and certified by the Speaker in his certificate under Section 110 (certification as to making of laws) to have been made, by an absolute majority.
(3) The burden of showing that a law is a law that complies with the requirements of Subsection (1) is on the party relying on its validity. (Sec. 38)

Limitations and/or Derogations

Nothing in this Part invalidates an emergency law as defined in Part X (emergency powers), but nevertheless so far as is consistent with their purposes and terms all such laws shall be interpreted and applied so as not to affect or derogate a right or freedom referred to in this Division to an extent that is more than is reasonably necessary to deal with the emergency concerned and matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. (Sec. 40)

Limitations and/or Derogations

(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)

Limitations and/or Derogations

(1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of Division III.3 (basic rights), any Organic Law made for the purposes of any such provision or any other law (other than a Constitutional Law) to the extent reasonably necessary to deal with the emergency concerned, and with matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
(3) An emergency law-
(a) may not alter-
i. Section 35 (right to life); or
ii. Section 36 (freedom from inhuman treatment); or
iii. Section 45 (freedom of conscience, thought and religion); or
iv. Section 50 (right to vote and stand for public office); or
v. Section 55 (equality of citizens); or
vi. Section 56 (other rights and privileges of citizens, and
(b) may provide for internment only in accordance with Division 5 (internment); and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the person) only to the extent allowed by Paragraph (b).
(4) In addition, an Emergency Regulation may not alter-
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 (right to privacy); or
(d) Section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. (Sec. 233)

Marriage and Family Life

(1) INTEGRAL HUMAN DEVELOPMENT.
We declare our first goal to be for every person to be dynamically involved in the process of freeing himself or herself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others.
WE ACCORDINGLY CALL FOR—

(5) the family unit to be recognized as the fundamental basis of our society, and for every step to be taken to promote the moral, cultural, economic and social standing of the Melanesian family;
… (Preamble, National Goals and Directive Principles)

Marriage and Family Life

(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.
WE ACCORDINGLY CALL FOR—

(12) recognition of the principles that a complete relationship in marriage rests on equality of rights and duties of the partners, and that responsible parenthood is based on that equality. (Preamble, National Goals and Directive Principles)

Marriage and Family Life

WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-

(h) in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the National Goals and Directive Principles;
… (Preamble, Basic Social Obligations)

Marriage and Family Life

(1) Freedom based on law consists in the least amount of restriction on the activities of individuals that is consistent with the maintenance and development of Papua New Guinea and of society in accordance with this Constitution and, in particular, with the National Goals and Directive Principles and the Basic Social Obligations.
(2) Every person has the right to freedom based on law, and accordingly has a legal right to do anything that—
(a) does not injure or interfere with the rights and freedoms of others; and
(b) is not prohibited by law,
and no person—
(c) is obliged to do anything that is not required by law; and
(d) may be prevented from doing anything that complies with the provisions of paragraphs (a) and (b).
(3) This section is not intended to reflect on the extra-legal existence, nature or effect of social, civic, family or religious obligations, or other obligations of an extra-legal nature, or to prevent such obligations being given effect to by law. (Sec. 32)

Marriage and Family Life

Every person has the 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 by a law that complies Section 38 (general qualifications on qualified rights). (Sec. 49)

Marriage and Family Life

(2) The functions and powers available to the Bougainville Government in and in relation to Bougainville are the following:–

(p) family law;
… (Sec. 290)

Participation in Public Life and Institutions

(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.
WE ACCORDINGLY CALL FOR—
(1) an equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and

(5) equal participation by women citizens in all political, economic, social and religious activities;
(6) the maximization of the number of citizens participating in every aspect of development;

(9) every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community;
… (Preamble, National Goals and Directive Principles)

Participation in Public Life and Institutions

(1) Subject to the express limitations imposed by this Constitution, every citizen who is of full capacity and has reached voting age, other than a person who-
(a) is under sentence of death or imprisonment for a period of more than nine months; or
(b) has been convicted, within the period of three years next proceeding the first day of the polling period for the election concerned, of an offence relating to elections that is prescribed by an Organic Law or an Act of the Parliament for the purposes of this paragraph; or
(ba) has dual citizenship of another country, has the right, and shall be given a reasonable opportunity-
(c) to take part in the conduct of public affairs, either directly or through freely chosen representatives; and

(e) to hold public office and to exercise public functions.
… (Sec. 50)

Political Rights and Association

(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.
WE ACCORDINGLY CALL FOR—
(1) an equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and
(2) the creation of political structures that will enable effective, meaningful participation by our people in that life, and in view of the rich cultural and ethnic diversity of our people for those structures to provide for substantial decentralization of all forms of government activity; and

(5) equal participation by women citizens in all political, economic, social and religious activities;
… (Preamble, National Goals and Directive Principles)

Political Rights and Association

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-

(b) the right to take part in political activities; and

(d) freedom of conscience, of expression, of information and of assembly and association;
… (Preamble, Basic Rights)

Political Rights and Association

Every person has the right peacefully to assemble and associate and to form or belong to, or not to belong to, political parties, industrial organizations or other associations, except to the extent that the exercise of that right is regulated or restricted by a law-
(a) that makes reasonable provision in respect of the registration of all or any associations; or
(b) that imposes restrictions on non-citizens; or
(c) that complies with Section 38 (general qualifications on qualified rights). (Sec. 47)

Political Rights and Association

(1) Subject to the express limitations imposed by this Constitution, every citizen who is of full capacity and has reached voting age, other than a person who-
(a) is under sentence of death or imprisonment for a period of more than nine months; or
(b) has been convicted, within the period of three years next proceeding the first day of the polling period for the election concerned, of an offence relating to elections that is prescribed by an Organic Law or an Act of the Parliament for the purposes of this paragraph; or
(ba) has dual citizenship of another country, has the right, and shall be given a reasonable opportunity-

(d) to vote for, and to be elected to, elective public office at genuine, periodic, free elections; and
… (Sec. 50)

Political Rights and Association

(1) Only citizens other than citizens who have dual citizenship may-
(a) vote in elections for, or hold, elective public offices;
… (Sec. 56)

Political Rights and Association

(3) The members of the Parliament (other than the nominated members) shall be elected under a system of universal, adult, citizen suffrage in accordance with Section 50 (right to vote and stand for public office) and the other Constitutional Laws, and the voting age is 18 years.
… (Sec. 126)

National level

(1) Subject to this section, the Parliament is a single-chamber legislature, consisting of-
(a) a number of members elected from single-member open electorates; and
(b) a number of members elected from single-member provincial electorates; and
(c) not more than three nominated members, appointed and holding office in accordance with Section 102 (nominated members); and
(d) a number of women elected from a single-member women's electorates as defined under an Organic Law.
… (Sec. 101)

Political Parties

(1) An Organic law shall make provision-
(a) requiring any political party or organization having political aims and desiring to nominate a candidate for election to the Parliament, or to publicly support such a candidate as representing its views, to register with an appropriate body established by an Organic Law such reasonable particulars as are prescribed by Organic Law; and
(b) requiring any such party or organization to disclose to the Ombudsman Commission or some other authority prescribed by the law in such manner, at such times and with such details as are prescribed in or under the law- i.its assets and income, and their sources; and
ii.its expenditure on or connected with an election or the support of a candidate; and
(c) prohibiting non-citizens from membership of, and from contributing to the funds of, any such party or organization; and
(d) defining the corporations and organizations that are to be regarded as non-citizens for the purposes of a provision made for the purposes of paragraph (c); and
(e) limiting the amount of contributions that such a party or organization may receive from any source or sources; and
(f) requiring persons who have made, or may have made, contributions to any such party or organization to give to the Ombudsman Commission, or some other authority, details of any such contribution.
(g) authorizing the funding of registered political parties from the National Budget and establishing a body to manage and distribute the funds in accordance with established procedures; and
(h) authorizing the payment in certain circumstances of a percentage of electoral expenses incurred by a female candidate in an election.
… (Sec. 129)

Electoral Bodies

(1) Elections to the Parliament shall be conducted, in accordance with an Organic Law, by an Electoral Commission.
… (Sec. 126)

Head of State

(1) Her Majesty the Queen-
(a) 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
(b) having graciously consented so to become, is the Queen and Head of State of Papua New Guinea.
(2) 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. (Sec. 82)

Head of State

(1) The Governor-General must be a citizen who-
(a) is qualified to be a member of the Parliament (except for the reason that he occupies the office of Governor-General); and
(b) is a mature person of good standing who enjoys the general respect of the community.
… (Sec. 87)

Head of State

(1) Except in the case of the first Governor-General appointed before Independence Day the Governor-General shall be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with a decision of the Parliament.
(2) A decision of the Parliament to nominate a person for appointment as Governor-General shall be made by a simple majority vote, in an exhaustive secret ballot conducted in accordance with an Organic Law.
… (Sec. 88)

Government

(1) An office of Prime Minister is hereby established.
(2) The Prime Minister shall be appointed, at the first meeting of the Parliament after a general election and otherwise from time to time as the occasion for the appointment of a Prime Minister arises, by the Head of State, acting in accordance with a decision of the Parliament.
… (Sec. 142)

Government

(1) There shall be such number of Ministers (other than the Prime Minister), not being less than six or not exceeding 32, from time to time, as is determined by or under an Organic Law.
(2) The Ministers, other than the Prime Minister, shall be appointed by the Head of State, acting with, and in accordance with, the advice of the Prime Minister.
… (Sec. 144)

Government

(1) A National Executive Council is hereby established.
(2) The Council shall consist of all the Ministers (including the Prime Minister when he is present as Chairman).
… (Sec. 149)

Legislature

(1) Subject to this Constitution, the legislative power of the People is vested in the National Parliament.
… (Sec. 1)

Legislature

(1) Subject to this section, the Parliament is a single-chamber legislature, consisting of-
(a) a number of members elected from single-member open electorates; and
(b) a number of members elected from single-member provincial electorates; and
(c) not more than three nominated members, appointed and holding office in accordance with Section 102 (nominated members); and
(d) a number of women elected from a single-member women's electorates as defined under an Organic Law.
… (Sec. 101)

Legislature

(1) A member of the Parliament must be not less than 25 years of age.
(2) A candidate for election to the parliament must have been born in the electorate for which he intends to nominate or have resided in the electorate for a continuous period of two years immediately preceding his nomination or for a period of five years at any time and must pay a nomination fee of K1,000.00.
… (Sec. 103)

Property, Inheritance and Land Tenure

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-

(f) protection for the privacy of their homes and other property and from unjust deprivation of property,
… (Preamble, Basic Rights)

Property, Inheritance and Land Tenure

Nothing in Section 37 (protection of the law) or 53 (protection from unjust deprivation of property) invalidates a law that is reasonably justifiable in a democratic society that has a proper regard for human rights and that provides-
(a) for the recognition of the claimed title of Papua New Guinea to land where-
i. there is a genuine dispute as to whether the land was acquired validly or at all from the customary owners before Independence Day; and
ii. if the land were acquired compulsorily the acquisition would comply with Section 53(1) (protection from unjust deprivation of property); or
(b) for the settlement by extra-judicial means of disputes as to the ownership of customary land that appear not to be capable of being reasonably settled in practice by judicial means; or
(c) for the prohibition or regulation of the holding of certain interests in, or in relation to, some or all land by non-citizens. (Sec. 54)

Property, Inheritance and Land Tenure

(1) Only citizens other than citizens who have dual citizenship may-

(b) acquire freehold land.
… (Sec. 56)

Protection from Violence

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
(a) life, liberty, security of the person and the protection of the law; and

(c) freedom from inhuman treatment and forced labour;
… (Preamble, Basic Rights)

Protection from Violence

(1) No person shall be submitted to torture (whether physical or mental), or to treatment or punishment that is cruel or otherwise inhuman, or is inconsistent with respect for the inherent dignity of the human person.
… (Sec. 36)

Protection from Violence

(1) No person shall be required to perform forced labour.
… (Sec. 43)

Protection from Violence

Slavery, and the slave trade in all their forms, and all similar institutions and practices, are strictly prohibited. (Sec. 253)

Public Institutions and Services

… AND WE ASSERT, by virtue of that authority

- that our national wealth, won by honest, hard work be equitably shared by all.
… (Preamble)

Public Institutions and Services

(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country. WE ACCORDINGLY CALL FOR—

(3) every effort to be made to achieve an equitable distribution of incomes and other benefits of development among individuals and throughout the various parts of the country; and
(4) equalization of services in all parts of the country, and for every citizen to have equal access to legal processes and all services, governmental and otherwise, that are required for the fulfilment of his or her real needs and aspirations;
… (Preamble, National Goals and Directive Principles)

Status of the Constitution

WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-
(a) to respect, and to act in the spirit of, this Constitution;
... (Preamble, Basic Social Obligations)

Status of the Constitution

(1) This Constitution and the Organic Laws are the Supreme Law of Papua New Guinea, and, subject to Section 10 (construction of written laws) all acts (whether legislative, executive or judicial) that are inconsistent with them are, to the extent of the inconsistency, invalid and ineffective.
(2) The provisions of this Constitution and of the Organic Laws are self-executing to the fullest extent that their respective natures and subject-matters permit. (Sec. 11)

Status of the Constitution

(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general principles of humanity.
… (Schedule 2.1.)

Status of the Constitution

(1) Subject to this Part, the principles and rules that formed, immediately before Independence Day, the principles and rules of common law and equity in England are adopted, and shall be applied and enforced, as part of the underlying law, except if, and to the extent that-
(a) they are inconsistent with a Constitutional Law or a statute; or
… (Schedule 2.2)

Status of International Law

(3) For the purposes of determining whether or not any law, matter or thing is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, a court may have regard to—
(a) the provisions of this Constitution generally, and especially the National Goals and Directive Principles and the Basic Social Obligations; and
(b) the Charter of the United Nations; and
(c) the Universal Declaration of Human Rights and any other declaration, recommendation or decision of the General Assembly of the United Nations concerning human rights and fundamental freedoms; and
(d) the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and any other international conventions, agreements or declarations concerning human rights and
fundamental freedoms; and (e) judgements, reports and opinions of the International Court of Justice, the European Commission of Human Rights, the European Court of Human Rights and other international courts and tribunals dealing with human rights and fundamental freedoms; and
(f) previous laws, practices and judicial decisions and opinions in the country; and
(g) laws, practices and judicial decisions and opinions in other countries; and
(h) the Final Report of the pre-Independence Constitutional Planning Committee dated 13 August 1974 and presented to the pre-Independence House of Assembly on 16 August 1974, as affected by decisions of that House on the report and by decisions of the Constituent Assembly on the draft of this Constitution; and
(i) declarations by the International Commission of Jurists and other similar organizations; and
(j) any other material that the court considers relevant. (Sec. 39)

Status of International Law

(7) Notwithstanding the consent of Papua New Guinea to be bound as a party to a treaty, no treaty forms part of the municipal law of Papua New Guinea unless, and then only to the extent that, it is given the status of municipal law by or under a Constitutional Law or an Act of the Parliament. (Sec. 117)

Religious Law

WE THE PEOPLE OF PAPUA NEW GUINEA-

- pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.
… (Preamble)

Customary Law

WE THE PEOPLE OF PAPUA NEW GUINEA-

- acknowledge the worthy customs and traditional wisdoms of our people which have come down to us from generation to generation
- pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.
… (Preamble)

Customary Law

(1) Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38 (general qualifications on qualified rights).

(5) A reference in this section to religion includes a reference to the traditional religious beliefs and customs of the peoples of Papua New Guinea. (Sec. 45)

Customary Law

(1) In this Constitution or an Organic Law- …
"custom" means the customs and usages of indigenous inhabitants of the country existing in relation to the matter in question at the time when and the place in relation to which the matter arises, regardless of whether or not the custom or usage has existed from time immemorial; … (Schedule 1.2)

Customary Law

(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general principles of humanity.
(3) An Act of the Parliament may—
(a) provide for the proof and pleading of custom for any purpose; and
(b) regulate the manner in which, or the purposes for which, custom may be recognized, applied or enforced; and
(c) provide for the resolution of conflicts of custom. (Schedule 2.1)

Customary Law

(1) Subject to this Part, the principles and rules that formed, immediately before Independence Day, the principles and rules of common law and equity in England are adopted, and shall be applied and enforced, as part of the underlying law, except if, and to the extent that-

(c) in their application to any particular matter they are inconsistent with custom as adopted by Part I. (Schedule 2.2)

Affirmative Action (Broadly)

English

(1) Subject to this Constitution, all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex.
(2) Subsection (1) does not prevent the making of laws for the special benefit, welfare, protection or advancement of females, children and young persons, members of underprivileged or less advanced groups or residents of less advanced areas.
… (Sec. 55)

Citizenship and Nationality

English

(1) Except as provided by this section, no person who has a real foreign citizenship shall be or become a citizen.
(2) A citizen may apply to the Minister responsible for citizenship matters to be a citizen of a prescribed country, and the Minister may, if he is satisfied as to the matters referred to in Subsection (4), in his deliberative judgment (but subject to Division 4 (Citizenship Advisory Committee)), grant or refuse the application.
(3) A citizen of a prescribed country who would otherwise be qualified to be a citizen under Sections 65, 66 or 67, of the Constitution may apply to the Minister responsible for citizenship matters to be a citizen, and the Minister may, if he is satisfied as to the matters referred to in Subsection (6), in his deliberate judgment (but subject to Division 4 (Citizenship Advisory Committee)), grant or refuse the application.
… (Sec. 64)

Citizenship and Nationality

English

(1) A person born in the country before Independence Day who has two grand-parents who were born in the country or an adjacent area is a citizen.
(2) A person born outside the country before Independence Day who has two grand-parents born in the country is a citizen as from Independence Day if-
(a) within one year after Independence Day or such longer period as the Minister responsible for citizenship matters allows in a particular case, application is made by him or on his behalf for registration as a citizen; and
(b) he renounces any other citizenship and makes the Declaration of Loyalty-
i. if he has not reached the age of 19 years - in accordance with Section 64(2) (dual citizenship); or
ii .if he has reached the age of 19 years - at or before the time when the application is made.
(3) In Subsection (1), "adjacent area" means an area that immediately before Independence Day constituted-
(a) the Solomon Islands; or
(b) the Province of the Republic of Indonesia known as Irian Jaya; or
(c) the islands in Torres Straits annexed to the then Colony of Queensland under Letters Patent of the United Kingdom of Great Britain and Ireland bearing date the 10th day of October in the forty-second year of the reign of Her Majesty Queen Victoria (that is, 1878), not forming on Independence Day part of the area of Papua New Guinea.
… (Sec. 65)

Citizenship and Nationality

English

(1) A person who—
(a) is born in the country on or after Independence Day; and
(b) had one parent who was a citizen or who, if he had survived to Independence Day, would have been or would have been entitled to become, such a citizen, is a citizen.
(2) A person—
(a) who is born outside the country on or after Independence Day; and
(b) who had one parent who was a citizen or who, if he had survived to Independence Day, would have been, or would have been entitled to become, such a citizen; and
(c) whose birth is registered as prescribed by or under an Act of the Parliament made for the purposes of this subsection, is a citizen. (Sec. 66)

Citizenship and Nationality

English

(1) A person who has resided continuously in the country for at least eight years may apply to the Minister responsible for citizenship matters to be naturalized as a citizen, and the Minister may, if he is satisfied as to the matters referred to in Subsection (2), in his deliberate judgement (but subject to Division 4 (Citizenship Advisory Committee)), grant or refuse the application.
(2) To be eligible for naturalization, a person must-
(a) be of good character; and
(b) intend to reside permanently in the country; and
(c) unless prevented by physical or mental disability, speak and understand Pisin or Hiri Motu, or a vernacular of the country, sufficiently for normal conversational purposes; and
(d) have a respect for the customs and cultures of the country; and
(e) be unlikely to be or become a charge on public funds; and
(f) have a reasonable knowledge and understanding of the rights, privileges, responsibilities and duties of citizenship; and
(g) subject to Section 64, renounce, in such manner as is prescribed by or under an Act of the Parliament, any other citizenship and make the Declaration of Loyalty.
(3) If an applicant for naturalization so requests, any child of the applicant who is under voting age at the time when the applicant is naturalized becomes a citizen by naturalization on the naturalization of the applicant. (Sec. 67)

Citizenship and Nationality

English

(1) Subject to Section 64, a citizen who has reached voting age and is of full capacity who-
(a) obtains the nationality or citizenship of another country by a voluntary act (other than marriage);

loses his citizenship.
… (Sec. 70)

Citizenship and Nationality

English

(1) Subject to Subsection (2), citizenship once lost can be regained-
(a) in the case of citizenship by virtue of Section 65 (automatic citizenship on Independence Day) or 66 (citizenship by decent)only after five years continuous residence in the country after the loss of citizenship, and in the deliberate judgement (but subject to Division 4 (Citizenship Advisory Committee)) of the Minister responsible for citizenship matters; and
(b) in the case of citizenship by naturalization only in accordance with the law relating to naturalization, for which purpose any period of residence in the country before the loss of citizenship shall be disregarded.
(2) Where a person-
(a) was a citizen by virtue of Section 65 (automatic citizenship on Independence Day) or 66 (citizenship by descent); and
(b) married, before, on or after Independence Day, a person who was a national or citizen of another country; and
(c) became, on or during the marriage, a national or citizen of the country of which his spouse was at that time a national or citizen, and the marriage has permanently broken up, the reference in Subsection (1)(a) to a period of five years shall be read as a reference to a period of three years commencing-
(d) if the person was, at the time when the marriage broke up, resident in the country on the date on which it broke up; or
(e) if the person was at that time resident outside the country on his return to reside in the country. (Sec. 73)

Citizenship and Nationality

English

(1) Where-
(a) a parent of a child loses his citizenship; and
(b) the Minister is satisfied on application on behalf of the child that it is for the welfare of the child to do so, the Minister responsible for citizenship matters may, by order, deprive the child of his citizenship.
(2) A person aggrieved by an order under Subsection (1) may appeal to the National Court.
(3) An Act of the Parliament may make special provision to facilitate the regaining of citizenship by persons who lose their citizenship by reason of the loss of citizenship by a parent. (Sec. 74)

Jurisdiction and Access

English

(1) Subject to this Constitution, the Supreme Court has original jurisdiction, to the exclusion of other courts, as to any question relating to the interpretation or application of any provision of a Constitutional Law.
(2) Subject to this Constitution, where any question relating to the interpretation or application of any provision of a Constitutional Law arises in any court or tribunal, other than the Supreme Court, the court or tribunal shall, unless the question is trivial, vexatious or irrelevant, refer the matter to the Supreme Court, and take whatever other action (including the adjournment of proceedings) is appropriate. (Sec. 18)

Jurisdiction and Access

English

(1) Subject to Subsection (4), the Supreme Court shall, on application by an authority referred to in Subsection (3), give its opinion on any question relating to the interpretation or application of any provision of a Constitutional Law, including (but without limiting the generality of that expression)any question as to the validity of a law or proposed law.

(3) The following authorities only are entitled to make application under Subsection (1):-
(a) the Parliament; and
(b) the Head of State, acting with, and in accordance with, the advice of the National Executive Council; and
(c) the Law Officers of Papua New Guinea; and
(d) the Law Reform Commission; and
(e) the Ombudsman Commission; and
(ea) a Provincial Assembly or a Local-level Government; and
(eb) a provincial executive; and
(ec) a body established by a Constitutional Law or an Act of the Parliament specifically for the settlement of disputes between the National Government and Provincial Governments or Local-level Governments, or between Provincial Governments, or between Provincial Governments and Local-level Governments, or Local-level Governments; and
(f) the Speaker, in accordance with Section 137(3) (Acts of Indemnity).
(4) Subject to any Act of the Parliament, the Rules of Court of the Supreme Court may make provision in respect of matters relating to the jurisdiction of the Supreme Court under this section, and in particular as to-
(a) the form and contents of questions to be decided by the Court; and
(b) the provision of counsel adequate to enable full argument before the Court of any question; and
(c) cases and circumstances in which the Court may decline to give an opinion.
… (Sec. 19)

Education

English

WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-

(h) in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the National Goals and Directive Principles;
… (Preamble, Basic Social Obligations)

Employment Rights and Protection

English

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-

(e) freedom of employment and freedom of movement;
… (Preamble, Basic Rights)

Employment Rights and Protection

English

(1) Every person has the right to freedom of choice of employment in any calling for which he has the qualifications (if any) lawfully required, except to the extent that that freedom is regulated or restricted voluntarily or by a law that complies with Section 38 (general qualifications on qualified rights), or a law that imposes restrictions on non-citizens.
… (Sec. 48)

Equality and Non-Discrimination

English

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on non-citizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:—
(a) life, liberty, security of the person and the protection of the law; and
… (Preamble, Basic Rights)

Equality and Non-Discrimination

English

(1) Subject to this Constitution, all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex.
(2) Subsection (1) does not prevent the making of laws for the special benefit, welfare, protection or advancement of females, children and young persons, members of underprivileged or less advanced groups or residents of less advanced areas.
(3) Subsection (1) does not affect the operation of a pre-Independence law. (Sec. 55)

Equality and Non-Discrimination

English

In a Constitutional Law-
(a) words importing the masculine gender include females;
… (Schedule 1.8)

Obligations of the State

English

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on non-citizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:—
(a) life, liberty, security of the person and the protection of the law; and
(b) the right to take part in political activities; and
(c) freedom from inhuman treatment and forced labour; and
(d) freedom of conscience, of expression, of information and of assembly and association; and
(e) freedom of employment and freedom of movement; and
(f) protection for the privacy of their homes and other property and from unjust deprivation of property,
and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest. (Preamble, Basic Rights)

Obligations of the State

English

Nothing in this Division derogates the rights and freedoms of the individual under any other law and, in particular, an Organic Law or an Act of the Parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right to freedom (including the limitations that may be imposed under Section 38 (general qualifications on qualified rights). (Sec. 33)

Obligations of the State

English

Subject to this Constitution, each provision of this Division2 applies, as far as may be—
(a) as between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals,
except where, or to the extent that, the contrary intention appears in this Constitution. (Sec. 34)

Obligations of the State

English

(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)

Obligations of Private Parties

English

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
(a) life, liberty, security of the person and the protection of the law; and
(b) the right to take part in political activities; and
(c) freedom from inhuman treatment and forced labour; and
(d) freedom of conscience, of expression, of information and of assembly and association; and
(e) freedom of employment and freedom of movement; and
(f) protection for the privacy of their homes and other property and from unjust deprivation of property, and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest. (Preamble, Basic Rights)

Obligations of Private Parties

English

WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-

(f) to respect the rights and freedoms of others, and to co-operate fully with others in the interests of interdependence and solidarity;
... (Preamble, Basic Social Obligations)

Obligations of Private Parties

English

(2) Every person has the right to freedom based on law, and accordingly has a legal right to do any thing that-
(a) does not injure or interfere with the rights and freedoms of others;
… (Sec. 32)

Obligations of Private Parties

English

Subject to this Constitution, each provision of this Division3 applies, as far as may be—
(a) as between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the contrary intention appears in this Constitution. (Sec. 34)

Judicial Protection

English

The provisions of this Constitution that recognize rights of individuals (including corporations and associations) as well as those that confer powers or impose duties on public authorities, shall not be left without effect because of the lack of supporting, machinery or procedural laws, but the lack shall, as far as practicable, be supplied by the National Court in the light of the National Goals and Directive Principles, and by way of analogy from other laws, general principles of justice and generally-accepted doctrine. (Sec. 22)

Judicial Protection

English

(3) For the purposes of determining whether or not any law, matter or thing is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, a court may have regard to—
(a) the provisions of this Constitution generally, and especially the National Goals and Directive Principles and the Basic Social Obligations; and
(b) the Charter of the United Nations; and
(c) the Universal Declaration of Human Rights and any other declaration, recommendation or decision of the General Assembly of the United Nations concerning human rights and fundamental freedoms; and
(d) the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and any other international conventions, agreements or declarations concerning human rights and fundamental freedoms; and
(e) judgements, reports and opinions of the International Court of Justice, the European Commission of Human Rights, the European Court of Human Rights and other international courts and tribunals dealing with human rights and fundamental freedoms; and
(f) previous laws, practices and judicial decisions and opinions in the country; and
(g) laws, practices and judicial decisions and opinions in other countries; and
(h) the Final Report of the pre-Independence Constitutional Planning Committee dated 13 August 1974 and presented to the pre-Independence House of Assembly on 16 August 1974, as affected by decisions of that House on the report and by decisions of the Constituent Assembly on the draft of this Constitution; and
(i) declarations by the International Commission of Jurists and other similar organizations; and
(j) any other material that the court considers relevant. (Sec. 39)

Judicial Protection

English

(1) A right or freedom referred to in this Division shall be protected by, and is enforceable in, the Supreme Court or the National Court or any other court prescribed for the purpose by an Act of the Parliament, either on its own initiative or on application by any person who has an interest in its protection and enforcement, or in the case of a person who is, in the opinion of the court, unable fully and freely to exercise his rights under this section by a person acting on his behalf, whether or not by his authority.
(2) For the purposes of this section-
(a) the Law Officers of Papua New Guinea; and
(b) any other persons prescribed for the purpose by an Act of the Parliament; and
(c) any other persons with an interest (whether personal or not) in the maintenance of the principles commonly known as the Rule of Law such that, in the opinion of the court concerned, they ought to be allowed to appear and be heard on the matter in question, have an interest in the protection and enforcement of the rights and freedoms referred to in this Division, but this subsection does not limit the persons or classes of persons who have such an interest.
… (Sec. 57)

Judicial Protection

English

(1) This section is in addition to, and not in derogation of, Section 57 (enforcement of guaranteed rights and freedoms).
(2) A person whose rights or freedoms declared or protected by this Division are infringed (including any infringement caused by a derogation of the restrictions specified in Part X.5 (internment)) on the use of emergency powers in relation to internment is entitled to reasonable damages and, if the court thinks it proper, exemplary damages in respect of the infringement.
(3) Subject to Subsections (4) and (5), damages may be a awarded against any person who committed, or was responsible for, the infringement.
… (Sec. 58)

National Human Rights Bodies

English

The purposes of the establishment of the Ombudsman Commission are-
(a) to ensure that all governmental bodies are responsive to the needs and aspirations of the People; and
(b) to help in the improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; and
(c) to help in the elimination of unfair or otherwise defective legislation and practices affecting or administered by governmental bodies; and
(d) to supervise the enforcement of Division III.2 (leadership code). (Sec. 218)

National Human Rights Bodies

English

(1) Subject to this section and to any Organic Law made for the purposes of Subsection (7), the functions of the Ombudsman Commission are-
(a) to investigate, on its own initiative or on complaint by a person affected, any conduct on the part of-
i. any State Service or provincial service, or a member of any such service; or
ii. any other governmental body, or an officer or employee of a governmental body; or
iii. any local government body or an officer or employee of any such body; or
iv. any other body set up by statute-
A. that is wholly or mainly supported out of public moneys of Papua New Guinea; or
B. all of, or the majority of, the members of the controlling authority of which are appointed by the National Executive, or an officer of employee of any such body; and
v. any member of the personal staff of the Governor-General, a Minister or the Leader or Deputy Leader of the Opposition; or
vi. any other body or person prescribed for the purpose by an Act of the Parliament, specified by or under an Organic Law in the exercise of a power or function vested in it or him by law in cases where the conduct is or may be wrong, taking into account, amongst other things, the National Goals and Directive Principles, the Basic Rights and the Basic Social Obligations;
… (Sec. 219)

Limitations and/or Derogations

English

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
(a) life, liberty, security of the person and the protection of the law; and
(b) the right to take part in political activities; and
(c) freedom from inhuman treatment and forced labour; and
(d) freedom of conscience, of expression, of information and of assembly and association; and
(e) freedom of employment and freedom of movement; and
(f) protection for the privacy of their homes and other property and from unjust deprivation of property, and have accordingly included in this Constitution provisions designed to afford protection to those rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations primarily designed to ensure that the enjoyment of the acknowledged rights and freedoms by an individual does not prejudice the rights and freedoms of others or the legitimate public interest. (Preamble, Basic Rights)

Limitations and/or Derogations

English

(2) Every person has the right to freedom based on law, and accordingly has a legal right to do any thing that-
(a) does not injure or interfere with the rights and freedoms of others;
… (Sec. 32)

Limitations and/or Derogations

English

Nothing in this Division derogates the rights and freedoms of the individual under any other law and, in particular, an Organic Law or an Act of the Parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right to freedom (including the limitations that may be imposed under Section 38 (general qualifications on qualified rights). (Sec. 33)

Limitations and/or Derogations

English

(1) For the purposes of this Subdivision4, a law that complies with the requirements of this section is a law that is made and certified in accordance with Subsection (2), and that-

(a) regulates or restricts the exercise of a right or freedom referred to in this Subdivision to the extent that the regulation or restriction is necessary-
i. taking account of the National Goals and Directive Principles and the Basic Social Obligations, for the purpose of giving effect to the public interest in-
A. defence; or
B. public safety; or
C. public order; or
D. public welfare; or
E. public health (including animal and plant health); or
F. the protection of children and persons under disability (whether legal or practical); or
G. the development of under-privileged or less advanced groups or areas; or
ii.in order to protect the exercise of the rights and freedoms of others; or
(b) makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper respect for the rights and dignity of mankind.
(2) For the purposes of Subsection (1), a law must-
(a) be expressed to be a law that is made for that purpose; and
(b) specify the right or freedom that it regulates or restricts; and
(c) be made, and certified by the Speaker in his certificate under Section 110 (certification as to making of laws) to have been made, by an absolute majority.
(3) The burden of showing that a law is a law that complies with the requirements of Subsection (1) is on the party relying on its validity. (Sec. 38)

Limitations and/or Derogations

English

Nothing in this Part invalidates an emergency law as defined in Part X (emergency powers), but nevertheless so far as is consistent with their purposes and terms all such laws shall be interpreted and applied so as not to affect or derogate a right or freedom referred to in this Division to an extent that is more than is reasonably necessary to deal with the emergency concerned and matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. (Sec. 40)

Limitations and/or Derogations

English

(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)

Limitations and/or Derogations

English

(1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of Division III.3 (basic rights), any Organic Law made for the purposes of any such provision or any other law (other than a Constitutional Law) to the extent reasonably necessary to deal with the emergency concerned, and with matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
(3) An emergency law-
(a) may not alter-
i. Section 35 (right to life); or
ii. Section 36 (freedom from inhuman treatment); or
iii. Section 45 (freedom of conscience, thought and religion); or
iv. Section 50 (right to vote and stand for public office); or
v. Section 55 (equality of citizens); or
vi. Section 56 (other rights and privileges of citizens, and
(b) may provide for internment only in accordance with Division 5 (internment); and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the person) only to the extent allowed by Paragraph (b).
(4) In addition, an Emergency Regulation may not alter-
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 (right to privacy); or
(d) Section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. (Sec. 233)

Marriage and Family Life

English

(1) INTEGRAL HUMAN DEVELOPMENT.
We declare our first goal to be for every person to be dynamically involved in the process of freeing himself or herself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others.
WE ACCORDINGLY CALL FOR—

(5) the family unit to be recognized as the fundamental basis of our society, and for every step to be taken to promote the moral, cultural, economic and social standing of the Melanesian family;
… (Preamble, National Goals and Directive Principles)

Marriage and Family Life

English

(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.
WE ACCORDINGLY CALL FOR—

(12) recognition of the principles that a complete relationship in marriage rests on equality of rights and duties of the partners, and that responsible parenthood is based on that equality. (Preamble, National Goals and Directive Principles)

Marriage and Family Life

English

WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-

(h) in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the National Goals and Directive Principles;
… (Preamble, Basic Social Obligations)

Marriage and Family Life

English

(1) Freedom based on law consists in the least amount of restriction on the activities of individuals that is consistent with the maintenance and development of Papua New Guinea and of society in accordance with this Constitution and, in particular, with the National Goals and Directive Principles and the Basic Social Obligations.
(2) Every person has the right to freedom based on law, and accordingly has a legal right to do anything that—
(a) does not injure or interfere with the rights and freedoms of others; and
(b) is not prohibited by law,
and no person—
(c) is obliged to do anything that is not required by law; and
(d) may be prevented from doing anything that complies with the provisions of paragraphs (a) and (b).
(3) This section is not intended to reflect on the extra-legal existence, nature or effect of social, civic, family or religious obligations, or other obligations of an extra-legal nature, or to prevent such obligations being given effect to by law. (Sec. 32)

Marriage and Family Life

English

Every person has the 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 by a law that complies Section 38 (general qualifications on qualified rights). (Sec. 49)

Marriage and Family Life

English

(2) The functions and powers available to the Bougainville Government in and in relation to Bougainville are the following:–

(p) family law;
… (Sec. 290)

Participation in Public Life and Institutions

English

(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.
WE ACCORDINGLY CALL FOR—
(1) an equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and

(5) equal participation by women citizens in all political, economic, social and religious activities;
(6) the maximization of the number of citizens participating in every aspect of development;

(9) every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community;
… (Preamble, National Goals and Directive Principles)

Participation in Public Life and Institutions

English

(1) Subject to the express limitations imposed by this Constitution, every citizen who is of full capacity and has reached voting age, other than a person who-
(a) is under sentence of death or imprisonment for a period of more than nine months; or
(b) has been convicted, within the period of three years next proceeding the first day of the polling period for the election concerned, of an offence relating to elections that is prescribed by an Organic Law or an Act of the Parliament for the purposes of this paragraph; or
(ba) has dual citizenship of another country, has the right, and shall be given a reasonable opportunity-
(c) to take part in the conduct of public affairs, either directly or through freely chosen representatives; and

(e) to hold public office and to exercise public functions.
… (Sec. 50)

Political Rights and Association

English

(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.
WE ACCORDINGLY CALL FOR—
(1) an equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and
(2) the creation of political structures that will enable effective, meaningful participation by our people in that life, and in view of the rich cultural and ethnic diversity of our people for those structures to provide for substantial decentralization of all forms of government activity; and

(5) equal participation by women citizens in all political, economic, social and religious activities;
… (Preamble, National Goals and Directive Principles)

Political Rights and Association

English

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-

(b) the right to take part in political activities; and

(d) freedom of conscience, of expression, of information and of assembly and association;
… (Preamble, Basic Rights)

Political Rights and Association

English

Every person has the right peacefully to assemble and associate and to form or belong to, or not to belong to, political parties, industrial organizations or other associations, except to the extent that the exercise of that right is regulated or restricted by a law-
(a) that makes reasonable provision in respect of the registration of all or any associations; or
(b) that imposes restrictions on non-citizens; or
(c) that complies with Section 38 (general qualifications on qualified rights). (Sec. 47)

Political Rights and Association

English

(1) Subject to the express limitations imposed by this Constitution, every citizen who is of full capacity and has reached voting age, other than a person who-
(a) is under sentence of death or imprisonment for a period of more than nine months; or
(b) has been convicted, within the period of three years next proceeding the first day of the polling period for the election concerned, of an offence relating to elections that is prescribed by an Organic Law or an Act of the Parliament for the purposes of this paragraph; or
(ba) has dual citizenship of another country, has the right, and shall be given a reasonable opportunity-

(d) to vote for, and to be elected to, elective public office at genuine, periodic, free elections; and
… (Sec. 50)

Political Rights and Association

English

(1) Only citizens other than citizens who have dual citizenship may-
(a) vote in elections for, or hold, elective public offices;
… (Sec. 56)

Political Rights and Association

English

(3) The members of the Parliament (other than the nominated members) shall be elected under a system of universal, adult, citizen suffrage in accordance with Section 50 (right to vote and stand for public office) and the other Constitutional Laws, and the voting age is 18 years.
… (Sec. 126)

National level

English

(1) Subject to this section, the Parliament is a single-chamber legislature, consisting of-
(a) a number of members elected from single-member open electorates; and
(b) a number of members elected from single-member provincial electorates; and
(c) not more than three nominated members, appointed and holding office in accordance with Section 102 (nominated members); and
(d) a number of women elected from a single-member women's electorates as defined under an Organic Law.
… (Sec. 101)

Political Parties

English

(1) An Organic law shall make provision-
(a) requiring any political party or organization having political aims and desiring to nominate a candidate for election to the Parliament, or to publicly support such a candidate as representing its views, to register with an appropriate body established by an Organic Law such reasonable particulars as are prescribed by Organic Law; and
(b) requiring any such party or organization to disclose to the Ombudsman Commission or some other authority prescribed by the law in such manner, at such times and with such details as are prescribed in or under the law- i.its assets and income, and their sources; and
ii.its expenditure on or connected with an election or the support of a candidate; and
(c) prohibiting non-citizens from membership of, and from contributing to the funds of, any such party or organization; and
(d) defining the corporations and organizations that are to be regarded as non-citizens for the purposes of a provision made for the purposes of paragraph (c); and
(e) limiting the amount of contributions that such a party or organization may receive from any source or sources; and
(f) requiring persons who have made, or may have made, contributions to any such party or organization to give to the Ombudsman Commission, or some other authority, details of any such contribution.
(g) authorizing the funding of registered political parties from the National Budget and establishing a body to manage and distribute the funds in accordance with established procedures; and
(h) authorizing the payment in certain circumstances of a percentage of electoral expenses incurred by a female candidate in an election.
… (Sec. 129)

Electoral Bodies

English

(1) Elections to the Parliament shall be conducted, in accordance with an Organic Law, by an Electoral Commission.
… (Sec. 126)

Head of State

English

(1) Her Majesty the Queen-
(a) 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
(b) having graciously consented so to become, is the Queen and Head of State of Papua New Guinea.
(2) 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. (Sec. 82)

Head of State

English

(1) The Governor-General must be a citizen who-
(a) is qualified to be a member of the Parliament (except for the reason that he occupies the office of Governor-General); and
(b) is a mature person of good standing who enjoys the general respect of the community.
… (Sec. 87)

Head of State

English

(1) Except in the case of the first Governor-General appointed before Independence Day the Governor-General shall be appointed by the Head of State, acting with, and in accordance with, the advice of the National Executive Council given in accordance with a decision of the Parliament.
(2) A decision of the Parliament to nominate a person for appointment as Governor-General shall be made by a simple majority vote, in an exhaustive secret ballot conducted in accordance with an Organic Law.
… (Sec. 88)

Government

English

(1) An office of Prime Minister is hereby established.
(2) The Prime Minister shall be appointed, at the first meeting of the Parliament after a general election and otherwise from time to time as the occasion for the appointment of a Prime Minister arises, by the Head of State, acting in accordance with a decision of the Parliament.
… (Sec. 142)

Government

English

(1) There shall be such number of Ministers (other than the Prime Minister), not being less than six or not exceeding 32, from time to time, as is determined by or under an Organic Law.
(2) The Ministers, other than the Prime Minister, shall be appointed by the Head of State, acting with, and in accordance with, the advice of the Prime Minister.
… (Sec. 144)

Government

English

(1) A National Executive Council is hereby established.
(2) The Council shall consist of all the Ministers (including the Prime Minister when he is present as Chairman).
… (Sec. 149)

Legislature

English

(1) Subject to this Constitution, the legislative power of the People is vested in the National Parliament.
… (Sec. 1)

Legislature

English

(1) Subject to this section, the Parliament is a single-chamber legislature, consisting of-
(a) a number of members elected from single-member open electorates; and
(b) a number of members elected from single-member provincial electorates; and
(c) not more than three nominated members, appointed and holding office in accordance with Section 102 (nominated members); and
(d) a number of women elected from a single-member women's electorates as defined under an Organic Law.
… (Sec. 101)

Legislature

English

(1) A member of the Parliament must be not less than 25 years of age.
(2) A candidate for election to the parliament must have been born in the electorate for which he intends to nominate or have resided in the electorate for a continuous period of two years immediately preceding his nomination or for a period of five years at any time and must pay a nomination fee of K1,000.00.
… (Sec. 103)

Property, Inheritance and Land Tenure

English

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-

(f) protection for the privacy of their homes and other property and from unjust deprivation of property,
… (Preamble, Basic Rights)

Property, Inheritance and Land Tenure

English

Nothing in Section 37 (protection of the law) or 53 (protection from unjust deprivation of property) invalidates a law that is reasonably justifiable in a democratic society that has a proper regard for human rights and that provides-
(a) for the recognition of the claimed title of Papua New Guinea to land where-
i. there is a genuine dispute as to whether the land was acquired validly or at all from the customary owners before Independence Day; and
ii. if the land were acquired compulsorily the acquisition would comply with Section 53(1) (protection from unjust deprivation of property); or
(b) for the settlement by extra-judicial means of disputes as to the ownership of customary land that appear not to be capable of being reasonably settled in practice by judicial means; or
(c) for the prohibition or regulation of the holding of certain interests in, or in relation to, some or all land by non-citizens. (Sec. 54)

Property, Inheritance and Land Tenure

English

(1) Only citizens other than citizens who have dual citizenship may-

(b) acquire freehold land.
… (Sec. 56)

Protection from Violence

English

WE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
(a) life, liberty, security of the person and the protection of the law; and

(c) freedom from inhuman treatment and forced labour;
… (Preamble, Basic Rights)

Protection from Violence

English

(1) No person shall be submitted to torture (whether physical or mental), or to treatment or punishment that is cruel or otherwise inhuman, or is inconsistent with respect for the inherent dignity of the human person.
… (Sec. 36)

Protection from Violence

English

(1) No person shall be required to perform forced labour.
… (Sec. 43)

Protection from Violence

English

Slavery, and the slave trade in all their forms, and all similar institutions and practices, are strictly prohibited. (Sec. 253)

Public Institutions and Services

English

… AND WE ASSERT, by virtue of that authority

- that our national wealth, won by honest, hard work be equitably shared by all.
… (Preamble)

Public Institutions and Services

English

(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country. WE ACCORDINGLY CALL FOR—

(3) every effort to be made to achieve an equitable distribution of incomes and other benefits of development among individuals and throughout the various parts of the country; and
(4) equalization of services in all parts of the country, and for every citizen to have equal access to legal processes and all services, governmental and otherwise, that are required for the fulfilment of his or her real needs and aspirations;
… (Preamble, National Goals and Directive Principles)

Status of the Constitution

English

WE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-
(a) to respect, and to act in the spirit of, this Constitution;
... (Preamble, Basic Social Obligations)

Status of the Constitution

English

(1) This Constitution and the Organic Laws are the Supreme Law of Papua New Guinea, and, subject to Section 10 (construction of written laws) all acts (whether legislative, executive or judicial) that are inconsistent with them are, to the extent of the inconsistency, invalid and ineffective.
(2) The provisions of this Constitution and of the Organic Laws are self-executing to the fullest extent that their respective natures and subject-matters permit. (Sec. 11)

Status of the Constitution

English

(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general principles of humanity.
… (Schedule 2.1.)

Status of the Constitution

English

(1) Subject to this Part, the principles and rules that formed, immediately before Independence Day, the principles and rules of common law and equity in England are adopted, and shall be applied and enforced, as part of the underlying law, except if, and to the extent that-
(a) they are inconsistent with a Constitutional Law or a statute; or
… (Schedule 2.2)

Status of International Law

English

(3) For the purposes of determining whether or not any law, matter or thing is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, a court may have regard to—
(a) the provisions of this Constitution generally, and especially the National Goals and Directive Principles and the Basic Social Obligations; and
(b) the Charter of the United Nations; and
(c) the Universal Declaration of Human Rights and any other declaration, recommendation or decision of the General Assembly of the United Nations concerning human rights and fundamental freedoms; and
(d) the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and any other international conventions, agreements or declarations concerning human rights and
fundamental freedoms; and (e) judgements, reports and opinions of the International Court of Justice, the European Commission of Human Rights, the European Court of Human Rights and other international courts and tribunals dealing with human rights and fundamental freedoms; and
(f) previous laws, practices and judicial decisions and opinions in the country; and
(g) laws, practices and judicial decisions and opinions in other countries; and
(h) the Final Report of the pre-Independence Constitutional Planning Committee dated 13 August 1974 and presented to the pre-Independence House of Assembly on 16 August 1974, as affected by decisions of that House on the report and by decisions of the Constituent Assembly on the draft of this Constitution; and
(i) declarations by the International Commission of Jurists and other similar organizations; and
(j) any other material that the court considers relevant. (Sec. 39)

Status of International Law

English

(7) Notwithstanding the consent of Papua New Guinea to be bound as a party to a treaty, no treaty forms part of the municipal law of Papua New Guinea unless, and then only to the extent that, it is given the status of municipal law by or under a Constitutional Law or an Act of the Parliament. (Sec. 117)

Religious Law

English

WE THE PEOPLE OF PAPUA NEW GUINEA-

- pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.
… (Preamble)

Customary Law

English

WE THE PEOPLE OF PAPUA NEW GUINEA-

- acknowledge the worthy customs and traditional wisdoms of our people which have come down to us from generation to generation
- pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.
… (Preamble)

Customary Law

English

(1) Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38 (general qualifications on qualified rights).

(5) A reference in this section to religion includes a reference to the traditional religious beliefs and customs of the peoples of Papua New Guinea. (Sec. 45)

Customary Law

English

(1) In this Constitution or an Organic Law- …
"custom" means the customs and usages of indigenous inhabitants of the country existing in relation to the matter in question at the time when and the place in relation to which the matter arises, regardless of whether or not the custom or usage has existed from time immemorial; … (Schedule 1.2)

Customary Law

English

(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general principles of humanity.
(3) An Act of the Parliament may—
(a) provide for the proof and pleading of custom for any purpose; and
(b) regulate the manner in which, or the purposes for which, custom may be recognized, applied or enforced; and
(c) provide for the resolution of conflicts of custom. (Schedule 2.1)

Customary Law

English

(1) Subject to this Part, the principles and rules that formed, immediately before Independence Day, the principles and rules of common law and equity in England are adopted, and shall be applied and enforced, as part of the underlying law, except if, and to the extent that-

(c) in their application to any particular matter they are inconsistent with custom as adopted by Part I. (Schedule 2.2)

1

Links to all sites last visited 2 March 2016

2

Division 3: Basic Rights.

3

Division 3: Basic Rights.

4

Subdivision C. Qualified Rights.