Part X of the Constitution gives the State exceptional powers — and surrounds them with time limits and parliamentary supervision that are among the tightest in the document.
Section 226 — what “emergency” means
Without limiting the expression, an emergency includes:
- (a) imminent danger of war between Papua New Guinea and another country, or of warlike operations threatening national security;
- (b) an earthquake, volcanic eruption, storm, tempest, flood, fire or outbreak of pestilence or infectious disease, or any other natural calamity, on such an extensive scale as to be likely to endanger the public safety or to deprive the community, or a substantial proportion of it, of supplies or services essential to life;
- (c) action taken, or immediately threatened, by any person that is of such a nature and on so extensive a scale as to be likely to endanger public safety or to deprive the community, or a substantial portion of it, of supplies or services essential to life.
In paragraphs (b) and (c) the qualifier is scale: the event must be likely to endanger the public safety or to deprive the community, or a substantial portion of it, of essentials. A serious local incident is not, by itself, a constitutional emergency.
Sections 227 and 228 — declaring war or an emergency
War (s 227). The Head of State, acting with and in accordance with the advice of the National Executive Council, may publicly declare that Papua New Guinea is at war with another country.
National emergency (s 228). If the NEC is of the opinion that an emergency exists or is about to come into being such that the Part X powers need to be available, the Head of State on NEC advice may publicly declare the existence of a national emergency in relation to the whole or part of the country.
Section 228(2): unless impracticable, a declaration in relation to a part of the country shall be made only after prior consultation with the Emergency Committee.
A period of declared national emergency is any period during which the country is at war under section 227, or a declaration under section 228 is in force.
Section 239(3) — the 21-day rule
Unless earlier revoked, a declaration of a national emergency expires at the end of 21 days after its making — but may be extended from time to time by decision of the Parliament by an absolute majority vote, for a period or periods each not exceeding two months.
The Executive can declare. Only Parliament can continue it, and only in two-month blocks.
Section 239(1) and (2) — Parliament must meet, and be told
- Unless Parliament is in session when the period begins, it shall be called to meet as soon as practicable, and in any event not more than 15 days after the commencement — and thereafter at intervals each not exceeding two months.
- At each meeting during the period, the Prime Minister shall present a statement setting out (a) the reasons for the declaration or for the continuance of the period; (b) the reasons for any new Emergency Regulations; and (c) a report on the operation of the emergency laws.
Section 229 — ending the emergency
A declaration of war or of a national emergency may be revoked at any time:
- (a) by the Head of State, acting on the advice of the National Executive Council; or
- (b) by decision of the Parliament.
Parliament can end an emergency without the Executive’s agreement.
Sections 240 and 241 — Emergency Committees
An Act shall provide for the appointment of Emergency Committees of the Parliament for a period of declared national emergency. Three constitutional requirements attach:
- No Minister may be a member of a Committee;
- a Committee shall be available to meet at all times during the period; and
- subject to availability, it should in principle be broadly representative of the various parts of the country and of parties and groups in the Parliament.
Section 241 provides for Temporary Emergency Committees where no Committee has yet been established. Emergency Regulations and emergency orders must be forwarded to the Committee as well as to the Speaker.
What a declaration makes possible
A declaration unlocks Emergency Acts (s 230), Emergency Regulations (s 231), emergency orders (s 232) and, only in accordance with Division X.5, internment. What those laws may and may not do to your rights is dealt with in rights during a declared emergency. Section 187E(4) also allows the NEC to suspend a Provincial or Local-level Government that cannot function because of war or a declared emergency.
Sources
Constitutional sections are amended. Before relying on anything here, read the current text: the Constitution on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor.