LAW
DID you know that the Papua New Guinea Constitution is one of a handful of constitutions in the world that are home-grown?
This means that ours was influenced primary by customary law and human dignity, and was built through consultation with villages across the country in the early 1970s.
According to the Constitutional Planning Committee’s (CPC’s) final report (1974), the CPC made tours around the country to consult with locals before putting together what we now know as the PNG Constitution.
Through these consultations, the CPC also enshrined National Goals and Directive Principles in the Constitution.
Written directly in the preamble of the Constitution, the five national goals and principles are:
1. Integral Human Development;
2. Equality and Participation;
3. National Sovereignty and Self-Reliance;
4. Natural Resources and Environment; and,
5. Papua New Guinean Ways
The National Goals and Directive Principles are, according to one of the Constitutions’ architects, Dr John Momis, based on Christian principles.
“We (the CPC) wanted a society based on Christian principles,” he said.
“The national goals and directive principles are unique; they are not found in any other constitution.”
Momis, a champion of the Constitution who often speaks out when amendments are being made to its text, said past and present governments have failed to enforce the national goals and directive principles.
“I think the country failed when its leaders did not take the necessary steps to inculcate those values and principles in the minds of our students,” he said.
But what exactly are these goals, values and principles, and how do they affect us as citizens.
Apart from driving government action, the National Goals and Directive Principles are guidelines that outline the responsibilities of citizens as well.
These goals and directive principles underlie the Constitution and are essentially the aims of our people – what they wanted independence to look like for their futures and for the futures of their children.
The first goal, Integral human development was declared as an aim for all citizens to be able to develop themselves, whether through education or any other beneficial creativity, such as sport, science or culture. All of these had to be actively encouraged.
It encompassed and enabled improved public health facilities, and a person’s right to healthcare to improve their health and nutrition.
The goal basically gave citizens the fundamental right to develop every aspect of their lives and of their beings. And a right to access whatever they would need to do so.
The second, Equality and participation, declared that all citizens have an equal opportunity to participate in and benefit from the development of the country
.This meant that you as a citizens have a right to participate in development, the dialogue that development hinges on, and have access to the services that come out of that development.Every citizen must be able to participate either directly or indirectly through representation.
This goal also requires that all government bodies are composed in a way that represents all people from various areas around the country.
Momis said recently that this was the most important among the goals.
He said man was self-determining and should be given the opportunity to determine his future.
He added that taking away those opportunities or man’s self-determination made them lazy and reliant instead of self-reliant.
“It opens him up to manipulation,” he said.
Gender equality is still a concern, as well as the lack of rural inclusion in development or business. Although, the popularity of small-to-medium enterprises has seen a rise in the last decade.
The third goal and directive principle is the most important, especially today.
With National sovereignty and self-reliance, the goal is for PNG to be both politically and economically independent, and have an economy that’s self-reliant.
At 50 years, the country is far from the economic self-reliance that the first government envisioned. In fact, it isn’t even close.
Downstream processing is still a dream, local skill is underdeveloped and as such we cannot fully rely on it, and strict control of foreign investment is lacking.
Multinationals still dominate our extractive sectors (the Barrick-run Porgera mine, the Chinese firm-run Ramu Nickel, and the Australia-South Africa joint venture in Hidden Valley are examples), while the State negotiates from a weak position. We’re heavily dependent on their skills, their expertise and capabilities.
And yet, our government searches for more investment for other sectors as well, on top of our dependence on foreign aid and loans for infrastructure.
It is saddening, and shows the huge gap the country has yet to fill.
We continue to recognise our sovereignty in name, but not in action or essence. This extends beyond economics and into law and justice, security, and even education.
Natural resources and environment is perhaps the most unique of the goals, as according to Momis, no other Constitution in the worlds recognises the need to protect and conserve the environment and natural resources. At least not in writing.
Over the last 10 years, the actions, developmental goals and business dealings of the last two governments have skirted the line between environmental destruction and preservation.
Sections of forest have been cleared for roads and buildings, and most of this work outsourced to foreign investors that do not share the same appreciation for the environment that this particular national goal and principle aimed to protect.
The goal calls for the wise use of natural resources in the land and the sea.
“We must do everything to protect it so that all (citizens) will benefit from the use of the resources of our country,” Momis said.
“Conservation and replenishment is very important.”
The goal also asked that necessary steps be taken to protect our birds, fish, land animals, insects, and plants and trees.
At present, logging and special agricultural business leases risk destroying our forests. And overfishing risks our marine life population. The proposals of seabed mining and riverine mining projects also raise alarms.
And finally, the fifth: Papua New Guinea ways.
This goal asks that all development be achieved primarily through Papua New Guinean social, political and economic organisations. This essentially means PNG ways should dictate how we develop.
This sometimes seems vague to the average Papua New Guinean, making them think that tribal mentality should take precedence.
But it instead means that all voices in our diverse country should matter. It asks that we appreciate and recognise the richness of all traditional ways, including languages and a variety of points of view, and incorporate all these traditional values into development.
The last goal also asks that villages and local communities remain an integral part of PNG society, and for their quality of life to be improved.
In short, PNG ways should be preserved and should dictate, in some shape or form, the development that befalls people in the rural areas.
Next: Basic social obligations
