What Does the Constitution Say About PNG's Territory and Sovereignty?

Part I of the Constitution is short, and easy to read past. It does the foundational work: it creates the State, fixes its extent, and states in terms who owns what is under the ground.

Section 1 — the Independent State

Papua New Guinea is a sovereign, independent State by the name of the Independent State of Papua New Guinea. Section 1(2) requires that the name and its variants be protected by an Act of Parliament — done by the National Name (Protection) Act (Chapter 10).

That is why the full formal style, used in court proceedings and legislation, is the Independent State of Papua New Guinea. When you see a case named “X v The State”, that is the party.

Section 2 — the area of Papua New Guinea

The area consists of what constituted Papua New Guinea immediately before Independence Day, together with all internal waters and the territorial sea and the lands underlying them. It also includes such neighbouring waters, underlying lands, and additional lands and waters as are declared by the Head of State acting with, and in accordance with, the advice of the National Executive Council — subject to disclaimer by resolution of Parliament at or before the end of its next meeting.

That last clause is a genuine parliamentary check: the Executive can declare an addition to the national territory, but Parliament can disclaim it at the next meeting.

Two things follow. First, an international obligation binds Papua New Guinea only if freely accepted and accepted in accordance with the Constitution — a treaty is not self-executing here simply because it has been signed. Second, sovereignty over natural resources is stated in the strongest available terms, which is why resource questions in this country are constitutional questions as much as commercial ones.

Section 3 — national symbols

Acts of Parliament may provide for a National Flag, a National Emblem, a National Motto, a National Seal and a National Anthem. Until other provision is made, the Flag, Emblem and Seal are those in use immediately before Independence Day. See national symbols explained.

Section 4 — the National Capital District

There shall be a National Capital District, and the Seat of Government shall be in it. Its boundaries are defined by an Organic Law — the Organic Law on the Boundaries of the National Capital District — and an Organic Law or an Act provides for its government.

Section 4(5) has a practical consequence at every election: in calculating the number of provincial electorates under section 125, the National Capital District is taken into account as if it were a province.

Section 5 — provinces

An Organic Law may declare parts of the country as provinces, and may provide for the creation of new provinces by amalgamation or division of existing ones, or for varying boundaries. The relevant instruments are the Organic Law on Provincial Boundaries and the Organic Law on Provincial Governments and Local-level Governments.

The significance is procedural but real: because provinces are creatures of an Organic Law rather than of an ordinary Act, creating a province or moving a boundary requires the special majorities and double-debate procedure that Organic Laws attract.

Sections 6 and 7 — loyalty and allegiance

Sections 6 and 7 prescribe the exact words of the Declaration of Loyalty and the Oath (or Affirmation) of Allegiance. They are dealt with separately in the Declaration of Loyalty and the Oath of Allegiance, because the difference between them is more interesting than it looks.

Section 8 — how the Constitution is interpreted

Division 2 of Part I contains a single section. Section 8 provides that, for interpreting the Constitution and the Organic Laws, Schedule 1 (Rules for Shortening and Interpretation of the Constitutional Laws) applies and, subject to that Schedule, the underlying law applies. See how to read a constitutional section.