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Showing posts with label constitutional amendment. Show all posts
Showing posts with label constitutional amendment. Show all posts

Papua New Guinea declares Christian identity in constitutional amendment

Papua New Guinea legislators overwhelming voted in favor of the constitutional amendment to recognise the Melanesian nation as a Christian state. Photo: Supplied

Papua New Guinea's Parliament has passed a constitutional amendment formally recognising the nation as a Christian country.

The decision, made on Tuesday (March 12), saw an overwhelming majority of 80 votes in favour and only four against.

The amendment introduces a declaration in the preamble of the Constitution, stating: "(We) acknowledge and declare God, the Father; Jesus Christ, the Son; and Holy Spirit, as our Creator and Sustainer of the entire universe and the source of our powers and authorities, delegated to the people and all persons within the geographical jurisdiction of Papua New Guinea."

In addition, Christianity will now be reflected in the Fifth Goal of the Constitution, and the Bible will be recognised as a national symbol.

Prime Minister James Marape, a vocal advocate for the amendment, expressed his satisfaction with the outcome.

"I am happy," he said.

"This constitutional amendment finally recognises our country as a Christian country. This reflects, in the highest form, the role Christian churches have played in our development as a country."

The amendment follows extensive consultations conducted by the PNG Constitutional Law Reform Commission in 2022.

Communities, churches, and civil society groups across the nation were engaged in discussions, with widespread support for the change.

Marape emphasised the historical and ongoing contributions of Christian churches to Papua New Guinea's unity and development.

"With so much diversity, languages, associated cultures, and tribal affiliations, no one can dispute the fact that Christian churches have anchored our country's unity and togetherness," he stated.

He also highlighted the role of churches in providing services in areas where government presence is limited.

Marape also clarified that the amendment does not infringe on the rights of individuals practicing other religions.

Section 45 of the PNG Constitution, which protects freedom of conscience, thought, and religion, remains intact.

ULMWP: Melanesians in West Papua Ready to Run Our Nation-State Now!

  𝗨𝗡𝗜𝗧𝗘𝗗 𝗟𝗜𝗕𝗘𝗥𝗔𝗧𝗜𝗢𝗡 𝗠𝗢𝗩𝗘𝗠𝗘𝗡𝗧 𝗙𝗢𝗥 𝗪𝗘𝗦𝗧 𝗣𝗔𝗣𝗨𝗔 (𝗨𝗟𝗠𝗪𝗣)

LEGISLATIVE COMMITTEE

𝑷𝒆𝒓𝒔 𝑹𝒆𝒍𝒆𝒂𝒔𝒆

“MELANESIANS IN WEST PAPUA READY TO RUN OUR NATION-STATE”


In response to current developments in West Papua such as racial discrimination that was responded by Melanesians with widespread demonstrations across Indonesia, mostly supported by Indonesians.

In response to the widespread refusal by youths, women’s groups, churches and grasroos of the extension Special Autonomy Law by Indonesian colonial government for West Papua territory.

In response to the massive and systematic Human Rights Violations escalating across the highlands region of West Papua, dropping of more troops into the region as well as bloodshed that are going on in Nduga, Intan Jaya, Star Mountains and Timika regions

Noticing the socio-political dynamic within West Papua, the provincial and local governments, provincial and local parliaments, NGOs, church groups, pro-democracy groups in Indonesia as well as in West Papua demanding immediate end to humanitarian catastrophe that have been hidden under the carpet, in the names of democracy, development and human rights.

The only demand that the people proposing is internationally supervised referendum for Melanesians in West Papua to determine their political future.



We also take note of current developments across the South Pacific:

  1. All students and Youth in West Papua are demanding referendum, and refusing the extension of Special Autonomy Package;
  2. The West Papua Council of Churches are requesting the ULMWP to hold dialogue with Indonesia to end humanitarian crises in West Papua.
  3. 57 Catholic Priests in West Papua encouraged Indonesia to allow a democratic referendum and not continue with Special Autonomy.
  4. Pacific Council of Churches expressed concern on human rights situation in West Papua and asked Indonesia to stop killing Melanesians in West Papua.
  5. Request to Indonesia and the United Nations by Pacific Islands’ Forum’s Secretary-General to allow Human Rights Commissioner of the United Nations to visit West Papua, following up requests in the past years.

The Legislative Committee of United Liberation Movement for West Papua as the legislative body of the Republic of West Papua, based on the above considerations and noting the minute of meeting of the parliament at 03:00AM of October 18, 2020 that endorsed the Provisional Constitution of the Republic of West Papua under the United Liberation Movement for West Papua, we hereby declare
[𝟏]. We support he Melanesians of West Papua refuse the continuation of the Special Autonomy Law No. 21/2001 regarding Special Autonomy for Papua Soil;

[𝟐]. We support the aspiration of the people demanding an internationally-supervised referendum for Melanesians in West Papua;

[𝟑]. The ULMWP Legislative Meeting Endorses:

𝟑.𝟏. The Upgrading of the Legal Status of the United Liberation Movement for West Papua Organisational become a semi-government body..

𝟑.𝟐. Unilaterally endorses and declares the implementation of the Provisional Constitution of the Republic of West Papua across the whole territory of West Papua, which was previously called both Papua and Papua Barat Provinces under Indonesian colonial rule, and the Netherlands New Guinea according to the Dutch colonial law.

𝙋𝙤𝙧𝙩 𝙉𝙪𝙢𝙗𝙖𝙮, 𝙒𝙚𝙨𝙩 𝙋𝙖𝙥𝙪𝙖 20 October 2020
𝗨𝗡𝗜𝗧𝗘𝗗 𝗟𝗜𝗕𝗘𝗥𝗔𝗧𝗜𝗢𝗡 𝗠𝗢𝗩𝗘𝗠𝗘𝗡𝗧
𝗙𝗢𝗥 𝗪𝗘𝗦𝗧 𝗣𝗔𝗣𝗨𝗔 (𝗨𝗟𝗠𝗪𝗣) – 𝗞𝗢𝗠𝗜𝗧𝗘 𝗟𝗘𝗚𝗜𝗦𝗟𝗔𝗧𝗜𝗙

𝗘𝗗𝗜𝗦𝗢𝗡 𝗞. 𝗪𝗔𝗥𝗢𝗠𝗜 
Chair

WestPapua #TolakUUOtsus #Referendum #PapuaMerdeka#FreeWestPapua #WP4MSG #BravoULMWP #RepublicOfWestPapua#NegaraRepublikWestPapua



Constitutional amendment requires referendum

The Court of Appeal has upheld the Chief Justice’s decision that any amendments to the Constitution regarding the Parliamentary Secretaries (PS) needed a referendum.

While handing down the judgment yesterday, the Court of Appeal rejected the argument presented by the Speaker in this matter that the amendment did not affect the fundamental status of the parliamentary system.

On the contrary, it was clear that changing the ratio of ministers to members was regarding the parliamentary system, and so the amending Act required a national referendum before it could be valid.

The Court of Appeal said the Bill also affects the ratio of those members who may exercise the executive functions of government, by a significant increase in them.

The court viewed that the argument presented on behalf of the Speaker is to have emphasized the composition of the Council of Ministers. The bill does not change the composition of the Council of Ministers, but in important respects it (1) creates a new category of persons called ‘parliamentary secretaries’ who may be appointed under the heading of the executive in Chapter 7 of the constitution; (2) Provides for parliamentary secretaries to be assigned “responsibilities for the conduct of government”; and (3) extends the possible number of MPs who may be responsible for the conduct of government beyond the number presently provided for in the Constitution.

By providing for additional PS of up to two-thirds of the number of ministers will permit up to eight PS. In turn, that means it provides for up to 21 MP who may be assigned “responsibilities for the conduct of government”, in addition to the PM.

Chapter 7 of the Constitution was clearly and carefully drawn to limit the number of ministers to not more than one quarter of the members of Parliament: The Council of Ministers- that is the PM and Ministers (Article 40)- is then only a relatively small proportion of all the MP. They are to have the “responsibilities for the conduct of government”. Presently the number is 14 including the PM

Therefore, not only the Bill relates to the parliamentary system as prescribed by the Constitution, but it directly does so by providing for the PM to move the “responsibilities for the conduct of government” to MPs other than to the ministers.

The court said that the direct identity of language in the Bill indicates that the responsibilities of government may be assigned by the PM to the ministers or to one or more PS.

“That obvious answer is supported by the text of the Bill, the executive power of the people of the republic is “the conduct of government”, subject of course to the parliament itself.

“So much is clear by the express words in Article 42 (2) of the Constitution.

“The Prime Minister is to assign the “responsibilities for the conduct of government” to the ministers.

“The Bill says that a PS is also to have “responsibilities for the conduct of government” as assigned by the Prime Minister.”

It was accepted by Counsel for the Speaker that the Bill, by reason of its content, had to be in Chapter 7 of the Constitution, under ‘The Executive’. It could not go sensibly into any other chapter of the constitution. It could not go, for example, into chapter 9- ‘The Public Service’ -because it did not provide for the PS to be appointed to the public service with the security of tenure system such a position carries.

The Speaker through his counsel accepted that the ‘parliamentary system’ as prescribed by the Constitution includes both the establishment of the Legislature and the establishment of the Executive.

“We have carefully considered that contention, including the refinements and nuances with which it was developed in argument.

“We do so, on the basis that the ‘parliamentary system’ must include all the processes of electing the MPs and then electing the PM and the appointment of those who can, and do, exercise the executive functions of government.

“We do not accept that the argument by the speaker is correct.

“As our introduction notes, we have come to the firm conclusion that the Bill is ‘regarding the parliamentary system’ of the Republic.

“It should not, therefore, be assented to by the President unless and until it has been supported in a national referendum.”

richard@dailypost.vu

Source: The Vanuatu Daily Post



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