Constitutional Planning Committee Report 1974

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PNG Constitutional Planning Committee Report 1974
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Constitutional Planning Committee Report 1974

CONSTITUTIONAL PLANNING COMMITTEE

The Hon. M.T. Somare,

Chief Minister,

Konedobu.

Dear Chief Minister,

I have pleasure in submitting to you the duly adopted Final Report of the Constitutional Planning Committee.

The Committee has resolved that the Report should be submitted to you as the Papua New Guinean head of the present government. It should not, we believe, be submitted to the High Commissioner as the constitutional head of our country.

We consider transmitting the Committee's Report in this way to be appropriate and in line with our recommendations 1-3 in Chapter 15 - Miscellaneous.

Recommendation 1, Chapter 15 proposes that the ultimate authority for the validity of our Constitution shall be the citizens of Papua New Guinea acting through their elected representatives. Recommendations 2 and 3, Chapter 15 provide details of the procedures which both the Australian Parliament and the Papua New Guinea House of Assembly would follow in bringing into being our nation - the sovereign independent State of Papua New Guinea and its Constitution.

As the High Commissioner is appointed under an Australian Act, the ultimate authority for the validity of our Constitution could be questioned if our Report was transmitted to him. It is precisely for this reason that we are submitting the Report to you.

The Committee feels that the High Commissioner should be informed of the contents of this letter under which we transmit to you our Final Report.

Yours sincerely

(Fr. John L. Momis)

Deputy Chairman,

Constitutional Planning Committee. August 13, 1974

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i MEMBERS OF THE CONSTITUTIONAL PLANNING COMMITTEE

Mr Michael Somare, MHA Chief Minister, East Sepik Regional, Pangu Pati

(Chairman ex officio)

Fr John Momis, MHA Chairman of Committees, Bougainville Regional,

(Deputy Chairman) Pangu Pati

Mr Tei Abal, MHA Leader of the Opposition, Wabag Open, United Party

(until September 1973)

Mr Paulus Arek, MHA Minister for Information, Ijivitari Open, People's

Progress Party (deceased November 1973)

Mr Angmai Bilas, MHA Madang Open, United Party

Mr Mackenzie Daugi, MHA Northern Regional, United Party

Mr Sinake Giregire, MHA Daulo Open, United Party

Dr John Guise, MHA Deputy Chief Minister, Alotau Open, Independent

Mr Toni Ila, MHA Lae Open, Pangu Pati

Mr John Kaputin, MHA Minister for Justice, Rabaul Open, Mataungan Association

Mr Pikah Kasau, MHA Manus Regional, Pangu Pati

Mr John Kaupa, MHA Chuave Open, National Party

Mr Paul Langro, MHA Deputy Leader of the Opposition, West Sepik Regional,

United Party

Mr Anton Parao, MHA Western Highlands Regional, United Party

(from September 1973)

Mr Stanis Toliman, MHA Bogia Open, People's Progress Party

Mr Matiabe Yuwi, MHA Tari-Komo Open, United Party

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ii Staff

Executive Officer Mr Seaea Avosa

Department of the Chief Minister &

Development Administration

Legal Officer Mr John Ley

Counsel to the House of Assembly

Permanent Consultants Professor Jim Davidson (deceased April 1973)

Department of Pacific History, Australian

National University

Mr Bernard Narokobi

Legal Officer, Public Solicitor's Office

Dr David Stone

Research Fellow in Politics, New Guinea

Research Unit, Australian National University

Mr Edward Wolfers

Lecturer in Politics, Macquarie University

Assistant to the Executive Officer Mrs Jennifer Haynes (July 1973 – February 1974)

Secretaries Miss Gail Bullock (March 1974 – June 1974)

Mrs Vivienne Curran (April 1973 - March 1974)

Miss Klara Diggelmann (April – December 1973)

Miss Mary Duggan (from April 1974)

Mrs Felicia Zahara (December 1973 –

March 1974)

Mrs Veronica Beaton (from May 1974)

Visiting Specialist Consultants

Mr Roland Brown Fellow, International Legal Centre, United

Nations, New York (May 1973)

Mr Justice U. Cross Justice of the High Court, Tanzania (May 1973)

Mr Justice Telford Georges Justice of the High Court and Deputy Chairman of the

Constitutional Commission, Trinidad and Tobago

(May 1973)

Professor Yash Ghai Research Fellow, Uppsala University, Sweden;

formerly Director of Legal Research, International

Legal Centre, United Nations, New York (March –

April, October 1973 and March 1974)

Mr Nigel Oram Fellow, University of Papua New

Guinea (January - March 1973)

Professor William Tordoff Department of Government, University of

Manchester, England (March 1974)

Professor Ronald Watts Dean of the Faculty of Arts and Sciences and

Professor of Political Studies, Queen's University,

Kingston, Ontario, Canada (March 1974)

iii TERMS OF REFERENCE

(as announced by the Chief Minister in the House of Assembly on 23 June, 1972)

"To make recommendations for a Constitution for full internal self-government in a united Papua New Guinea with a view to eventual independence. Without limiting the power of the Committee to make any investigation or recommendation which it deems relevant to this objective, matters to be considered by the Committee for possible incorporation into the Constitution or related documents should include the following:

(a) the system of government; executive; legislature and judiciary;

(b) central - regional - local government relations and district administration;

(d) defence and external affairs - transitional provisions;

(e) the machinery of government - control, organisation and structure of the Public Service;

(f) a Director of Public Prosecutions and the Public Solicitor;

(g) an ombudsman and tribunals of administrative review;

(h) protection of minority rights;

(i) a Bill of Rights;

(j) emergency powers;

(k) citizenship;

(l) procedure for amendment of the constitution; and

(m) judicial review - the power of a court to decide whether or not any action by the

Government or law passed by Parliament is in accordance with the constitution.

In addition the Committee should be asked to consider the mechanism for implementing constitutional convention, and to make recommendations."

iv JOINT COMMUNIQUÉ ON AGREEMENT FOR TWO STAGE SELF-GOVERNMENT

(issued by the Minister for External Territories, Mr. W.L. Morrison on behalf of the Australian Government, and the Chief Minister, Mr. M.T. Somare, on behalf of the Papua New Guinea government in Port Moresby on the 22nd May, 1973)

Papua New Guinea will achieve self-government in two stages, which will be completed by the adoption of its home-grown Constitution in the House of Assembly and the passing of enabling legislation in the Australian Parliament.

This was announced in a communiqué following talks at the weekend between the Minister for External Territories, Mr. W.L. Morrison, the Chief Minister of Papua New Guinea, Mr. Michael Somare, the Deputy Chief Minister, Dr. John Guise, ad the Deputy Chairman of the Constitutional Planning Committee, Father John Momis. The meeting, held at the request of the Constitutional Planning Committee and arranged by the Chief Minister, was attended also by the Administrator, Mr. L.W. Johnson, as well as by four other Committee members, Mr. Mackenzie Daugi (MHA, Northern), Mr. John Kaupa (MHA, Chuave), Mr. John Kaputin (MHA, Rabaul) and Mr. Stanis Toliman (MHA, Bogia).

The talks were marked by a frank exchange of views which led to a fuller mutual understanding of the Australian and Papua New Guinean positions. The success of the talks indicated the desirability of holding similar meetings from time to time.

The following time-table for the implementation of self-government was agreed upon:

December 1973: Formal self-government will be introduced by means of amendments to the Papua New Guinea Act passed by the Australian Parliament. The Act will then reflect in law the present situation of virtual self-government.

February 1974: The final report and draft Constitution recommended by the Constitutional Planning Committee will be tabled in the Papua New Guinea House of Assembly. The Constitution will provide for all major aspects of the system of government and will include provisions for the transition to independence.

April 1974: The House of Assembly will meet in special session to consider and adopt the Constitution. Following the adoption by the House of Assembly of the Constitution it would be reserved for the assent of the Governor-General.

May 1974: The Australian Parliament will consider further amendments to the Papua New Guinea Act to remove from that Act those parts which provide for the internal Constitution of Papua New Guinea and which have been included in the Papua New Guinea Constitution as adopted by the House of Assembly.

Following the passing of the amendments to the Papua New Guinea Act, the Governor-General will be requested to assent to these amendments and to the Papua New Guinea Constitution.

It was agreed that this time-table would be put to the Australian Government for approval and submitted to the House of Assembly for ratification at its June meeting.

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