Monthly Archive July 6, 2024

The Consitution of Papua New Guinea makes provision for the National Flag of Papua New Guinea. In general, what is a national flag? A national flag is a distinctive cloth symbol that represents a country. It is designed with specific colors, patterns, and symbols that often reflect the nation’s history, culture, or values. The flag is typically flown on public buildings, residences, and other locations to symbolize national pride and unity. It is also used in international contexts such as during diplomatic events, sports competitions, and military operations, to identify and represent a country. The national flag is considered a significant and recognizable symbol of a country’s identity and is often afforded legal protection and respect.

The National Flag is one of the national symbols of Papua New Guinea as listed under Section 3 of the Constitution. The Constitution list out the national symbols as follows:

1. Flag
2. Emblem
3. Motto
4. Seal
5. Anthem

The National Identity Act (Chapter 9) implements section 3 of the Constitution by making provision for the National Flag.

The National Flag of Papua New Guinea

The Papua New Guinea National Flag is a rectangular flag with a proportion of four is to three. It is divided diagonally from the top of the hoist to the bottom of the fly. The upper segment of the flag is scarlet and overprinted with a mid-yellow representation of a soaring Bird of Paradise. The lower segment of the flag is black charged with five white five-pointed stars representing the Southern Cross.

Bird of Paradise             

The Bird of Paradise is stylized in silhouette. It is viewed from underneath with wings elevated and display plumes trailing, extending from the middle line parallel to the hoist.

The bird of paradise holds great significance to Papua New Guinea (PNG) as it is the national emblem of the country. It is considered a symbol of national identity and pride. The bird of paradise is known for its vibrant and elaborate feathers, captivating appearance, and unique behavioral displays during courtship. In PNG’s indigenous cultures, the bird of paradise has long been associated with beauty, artistry, and spirituality.

The bird of paradise features prominently in traditional PNG art, including carvings, paintings, sculptures, and jewelry. Its image can be found on various cultural artifacts, like masks and headdresses. The bird of paradise is also depicted in PNG’s currency, stamps, and official documents, reinforcing its significance as a national symbol.

Furthermore, the bird of paradise represents the rich biodiversity of Papua New Guinea. The country is home to numerous species of birds of paradise, with many found exclusively in PNG’s remote rainforests. The presence of these unique and exquisite birds has also contributed to tourism in the country, attracting birdwatching enthusiasts and nature lovers from around the world.

Overall, the bird of paradise symbolizes the cultural heritage, natural beauty, and unique biodiversity of Papua New Guinea, making it a cherished and iconic emblem for the country.

Stars of the Southern Cross

The stars of the Southern Cross that is on the flag are as follows:

1. Alpha Crucis    
2. Beta Crucis      
3. Gamma Crucis
4. Delta Crucis     
5. Epsilon Crucis

The stars of the Southern Cross are featured on the flag of Papua New Guinea as they hold historical and symbolic significance to the country.

One reason is that Papua New Guinea is located in the Southern Hemisphere, where the Southern Cross constellation is prominently visible. The Southern Cross has long served as a navigational tool for sailors and explorers, allowing them to determine direction. Therefore, its inclusion on the flag reflects Papua New Guinea’s seafaring history and its connection to the ocean.

Another reason is that the Southern Cross has cultural and spiritual significance to the people of Papua New Guinea. In various indigenous cultures, the constellation is associated with myths, legends, and traditional beliefs. It is often regarded as a guide, protector, or a symbol of divine presence. Including the stars of the Southern Cross on the flag acknowledges and celebrates the cultural heritage and spirituality of the Papua New Guinean people.

Furthermore, the Southern Cross has been a symbol of unity and independence in the region. It is also found on the flags of other countries in the Pacific, including Australia and New Zealand. By incorporating the Southern Cross, Papua New Guinea aligns itself with its neighboring countries and establishes a sense of regional identity and unity.

Other flags

The National Flag as described above is the only National Flag of Papua New Guinea. However, the Head of State may appoint such other flags and ensigns of Papua New Guinea as he thinks fits. The Head of State can only make such an appointment upon advice from the National Executive Council. Once the National Executive Council gives such an advice, the Head of State will make this appointment by a proclamation.

Authority to use flags

It is practice in Papua New Guinea where citizens and just about any person uses the National Flag or its replica or representation of it as he pleases. However, this practice is unlawful. The lawful way a person can use the flag is by authorization from the Secretary.  The Secretary may authorize a person to use the National Flag or a replica or representation of it. He may do so by instrument. The Secretary shall set out the manner and form in which a person may use the flag in the instrument. Any person who uses the flag must use it without defacement.

Rules as to use of flags

The Head of State may make, and he may cause to be published rules in connection with the flying or use of the National Flag. The Head of State will only make these publications upon advice from the National Executive Council.

Official use of National Flag

The National Flag shall be flown or used for all official purposes of the Government. The National flag shall also be flown or used on all occasions on which it is customary to fly or use a national flag.

Improper use of National Flag                           

A person who is not authorized to use the National Flag but uses anyway is guilty of an offence. The penalty is a fine not exceeding K50.00. If a person who, without any lawful excuse, defaces or destroys the National Flag, he is guilty of an offence. The penalty is a fine not exceeding K50.00. The State can only sue the offender upon consent of the Attorney General.

All in all, the flag of Papua New Guinea is a national symbol and thus, whoever uses it must use it properly and within the ambit of the laws of Papua New Guinea.

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What is a province?

The Constitution of Papua New Guinea established the provinces of Papua New Guinea. A province is a territorial division or administrative division within a country. It is often a region that is smaller than the entire country but larger than a city or municipality. Provinces are typically created to facilitate governance and administration at a subnational level.

The specific powers and responsibilities of a province can vary depending on the country and its system of government. In some countries, provinces are responsible for areas such as education, healthcare, infrastructure, and local economic development. They may also have their own elected officials or government representatives who oversee these functions.

Provinces can have different names in different countries. For example, in the United States, provinces are called states, while in Australia, they are referred to as states or territories. In Canada, provinces have a significant level of autonomy and are responsible for a variety of functions, such as healthcare, education, natural resource management, and transportation.

The number and size of provinces within a country can also vary. Some countries have a few large provinces, while others have numerous smaller ones..

Purpose of provinces

Provinces are often created to decentralize and distribute governance and resources, as well as to ensure effective administration and service delivery to specific regions or communities. They can have their own laws, regulations, and policies that cater to the specific needs and characteristics of the respective areas they govern. The purpose of provinces is to provide a level of local governance and administration that is closer to the citizens and can address regional needs and priorities

In the case of Papua New Guinea, dividing the country into provinces serves multiple purposes. It helps with local governance and administration by providing a framework for local decision-making and service delivery. Provinces allow for the allocation of resources, including funds and personnel, to specific regions of the country, promoting regional development and addressing the unique challenges and opportunities within each area.

Furthermore, provinces enable greater participation and representation for local communities. Each province typically has its own provincial government, which consists of elected officials who are responsible for making decisions about local issues and implementing policies that address the specific needs of their communities.

Provinces of Papua New Guinea

The Constitution provinces for the creation of provinces. Section 5 of the Constitution states that an Organic law may either declare or make provisions for the declaration of certain parts of the country as provinces. This organic law may provide for or make provision in respect of:

1. the creation of new provinces by the amalgamation; or
2. division of existing provinces; or
3. for the variation of the boundaries of a province.

This organic law is the Organic Law on Provincial Boundaries which was consolidated to Organic Law on Provincial Boundaries (Boundaries Description) (Amendment) Law 2009 (Organic Law). This Organic Law as made by the Constituent Assembly to come into operation on Independence Day, 16 September 1975. It was adopted on 31 July 1975, before the Constitution was adopted, and reconsidered and re-adopted on 15 August 1975, after the adoption of the Constitution. Section 1 of the Organic Law divided Papua New Guinea into the following provinces:

1. Bougainville Province.
2. Central Province.
3. Chimbu Province.
4. Eastern Highlands Province.
5. East New Britain Province.
6. East Sepik Province.
7. Enga Province.
8. Gulf Province.
9. Hela Province.
10. Jiwaka Province.
11. Madang Province.
12. Manus Province.
13. Milne Bay Province.
14. Morobe province.
15. New Ireland Province.
16. Northern Province.
17. Southern Highlands Province.
18. Western Province.
19. Western Highlands Province.
20. West New Britain Province.
21. West Sepik Province.

Inclusion of Hela and Jiwaka Provinces

In 2009 an amendment was made to the Organic Law by Organic Law on Provincial Boundaries (Boundaries Description) (Amendment) Law 2009 where it created and included Hela and Jiwaka as provinces of Papua New Guinea.

The National Capital District, which contains the capital city of Papua New Guinea, Port Moresby, operates as a separate administrative unit within the country. It is established by the Constitution and is governed by the National Capital District Commission Act 2001.

Overall, the division of Papua New Guinea into provinces helps with decentralization, regional development, local governance, and representation, allowing for more efficient and effective administration of the country.

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What is a National Pledge?

A national pledge is a solemn promise or declaration made by citizens of a country to express their loyalty, dedication, and commitment to their nation. It is a form of a collective oath or affirmation that reflects the values, principles, or aspirations of the country.

A national pledge typically includes a set of statements or a creed that highlights the ideals, responsibilities, and duties of citizens towards their nation. It may include elements such as upholding the constitution, respecting the law, promoting unity and harmony, defending the country, and working towards its progress and development. The national pledge serves as a unifying force that fosters a sense of belonging, patriotism, and civic responsibility among citizens.

National pledges are often recited or taught in schools, official ceremonies, or public gatherings as a means of instilling national pride, encouraging civic engagement, and promoting a shared national identity. They can vary from country to country, but they all aim to strengthen the bond between citizens and their nation.

The National Pledge

The National Pledge is one of the national symbols of Papua New Guinea as listed under Section 3 of the Constitution. The Constitution list out the national symbols as follows:

1. Flag
2. Emblem
3. Motto
4. Seal
5. Anthem

The National Identity Act (Chapter 9) was amended in 1996 to include Part IIA – The National Pledge. This part makes provision for the National Pledge of Papua New Guinea. 

National Pledge of Papua New Guinea

Schedule 5 of the National Identity Act (Chapter 9  sets out the the National Pledge of Papua New Guinea in three different languages. These languages are the official language of Papua New Guinea. These are English, Motu and Tok Pidgin.  

The Pledge is reproduced in English as follows:

We, the People of Papua New Guinea, pledge ourselves, united in One Nation. We pay homage to our cultural heritage, the source of our strength. We pledge to build a democratic society based on justice, equality, respect and prosperity for Our People. We pledge to stand together as One People, One Nation, One Country, GOD BLESS PAPUA NEW GUINEA.

The Pledge is reproduced in Motu as follows:

OREA GWAUHEHATONA, Ai, Papua New Guinea Taunimanimamai, A gwauhehatomu, iboumai na orea tamona. Emai sene mauridia bona karadia, alalotaomu—noho mauri namo daladia ,emia hematama badidia.A gwauhehatomu dala namodia baia havara—maino, heabidadama, hemataurai bona hebadina daladia ai. A gwauhehatomu baia gaukara bona gini hebou badina ai na—Bese Tamona —Orea Badana Tamona —Tanobada Tamona Papua New Guinea Dirava ese aine hanamoa.

The Pledge is reproduced in Tok Pidgin as follows:

TOK PROMIS BILONG NEISEN. Mipela ol Pipol bilong Papua Niugini, i promis long bung wantaim olsem wan neisen. Mipela amamas long soim ol pasin bilong ol tumbuna bilong mipela, as bilong strong bilong mipela. Mipela promis long wokim sosaiti bai i holim strong pasin bilong ilektim ol lida bilong gavman wantaim as tingting bilong stretpela pasin, wanmak, ona na kamap gut bilong ol pipol bilong mipela. Mipela i promis long sanap bung wantaim olsem wan pipol. wan neisen. wan kantri. GOD BLESIM PAPUA NIUGINI.”

Usage

The National Pledge shall be recited in the following circumstances:

1. Each day, before the commencement of classes, the pupil and teachers shall recite the National Pledge in each primary school and high school.
2. In the National Parliament on each sitting day immediately after prayers.
3. In each Provincial Assembly and Local-level Government Assembly on each sitting day immediately after prayers.
4. At all official celebrations on Independence Day.

Recital of the National Pledge is not only restricted to the above. Instead, it may be recited on such other occasions as are appropriate. The National Pledge may be printed and published in an official Government publication or otherwise, in accordance with an authority granted by the Head of Department. The publication can be in whichever language version or versions that are considered appropriate in the circumstances.

Authority to use the National Pledge

The Departmental Head may authorize a person to print or publish the National Pledge. This authorization shall be by instrument. The instrument shall set out the manner and form the pledged is to be print or published.

Improper or unauthorized use           

If a person is not authorized, to print or publish any written or printed matter, not being an official Government publication, in or on which appears the National Pledge is guilty of an offence. The penalty for this offence is a fine not exceeding K1, 000.00.

If a person recites the National Pledge or a parody of the National Pledge or prints or otherwise reproduces the National Pledge or a parody of the National Pledge in a manner that is insulting, derisory or disrespectful to the Independent State of Papua New Guinea is guilty of an offence. The penalty for this offence is a fine not exceeding K1, 000.00.

All in all, the national pledge it recited on events as set out above because it serves as a unifying force that fosters a sense of belonging, patriotism, and civic responsibility among citizens.

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What is a national seal and its significance?

A national seal is an official symbol used by a country to authenticate government documents, official acts, and important state documents. It is typically a metal stamp or an imprinted design that is embossed or impressed onto official documents, such as legislation, treaties, passports, or currency. The significance of a national seal to a country is multi-fold:

1. Authenticity and Authority: The national seal is used to verify the authenticity and genuineness of official documents and acts of the government. It gives credibility and legal authority to important papers, making them official and binding.
2. Sovereignty and Statehood: The national seal represents the sovereignty, independence, and statehood of a country. It is a visual symbol that denotes the country’s existence as a separate and distinct entity.
3. National Identity and Pride: The design and elements included in the national seal often reflect the unique history, culture, traditions, and values of the country. It serves as a visual representation of national identity and heritage, fostering a sense of pride and unity among its citizens.
4. Legal and Constitutional Significance: In many countries, the national seal holds constitutional importance. It may be required for the validity and enforceability of certain legal documents, acts, or declarations.
5. Diplomatic and International Recognition: The national seal is often used in official correspondence, agreements, and treaties with other countries. Its presence signifies the authority and recognition of the country in the international community.

The National Seal

The National Seal (seal) is one of the national symbols of Papua New Guinea. Section 3 of the Constitution list out the national symbols as follows:

1. Flag
2. Emblem
3. Motto
4. Seal
5. Anthem

The National Seal Act 1975 implements section 3 of the Constitution. It states that there shall be a National Seal of Papua New Guinea. The seal shall be kept by the Head of State. He shall use it or direct the use of it in accordance with the advice of the National Executive Council. The seal:

1. shall be used for sealing all things that must be or customarily are done under a Great or Public Seal.
2. may be used for evidencing any act or decision of the National Executive.

Judicial notice of the National Seal

All courts and persons acting judicially shall take judicial notice of the impression of the National Seal. They must presume that it was properly impressed. “Taking judicial notice” refers to a legal doctrine that allows a court to accept certain facts as true without requiring formal proof or evidence from the parties involved in a case. In simpler terms, it is when a judge recognizes and acknowledges a fact or information without the need for it to be proven or substantiated by the parties.

The concept of judicial notice is based on the principle that certain facts are so well-known or easily verifiable that it would be unnecessary and burdensome to require formal proof. These facts are typically common knowledge, matters of public record, or can be easily verified through reliable sources. The court may take judicial notice in two ways:

1. Mandatory Judicial Notice: The court is required to take notice of certain facts that are indisputable and well-established. These facts include matters of law, statutes, regulations, court decisions, and historical events.
2. Discretionary Judicial Notice: The court has the discretion to take notice of facts that are not indisputable but are widely known or can be easily verified through reliable sources. This may include information about geography, climate, public holidays, or other commonly known facts.

When a court takes judicial notice of a fact, it means that the fact is considered true and will be treated as such in the legal proceedings. The parties do not need to present evidence or argue about the truth of the fact. However, it is important to note that judicial notice is subject to limitations. It cannot be used to establish contested or disputed facts, matters that require a determination of credibility, or facts that are not commonly known or easily verifiable. Additionally, parties still have the opportunity to challenge or present evidence to rebut the fact being judicially noticed if they believe it is incorrect or inapplicable to the case. In this case, the application of the National Seal falls under the first category.

Form of the Seal

The seal shall:

1. be circular in shape; and
2. contain a stylized version of the National Emblem in the centre and the words “National Seal of Papua New Guinea” around the circumference.

Saving of other seals

The National Seal Act 1975 does not prevent the use by the Head of State, the National Executive Council or any State department, agency or instrumentality of any seal or stamp other than the seal, or of a facsimile of the seal.

In summary, the national seal is a symbol of authenticity, sovereignty, national identity, and legal authority. Its presence on official documents gives them formal recognition, while its design represents the unique characteristics of the country of Papua New Guinea and its citizens.

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What is a National Emblem?

A national emblem is a symbol or representation that is unique to a particular country and is widely recognized as a visual representation of that nation. It is typically an image, a coat of arms, or a design that embodies the values, culture, history, or achievements of the country. National emblems serve as official symbols and are often used in government documents, official seals, flags, currency, passports, and other official materials.

Examples of national emblems include the bald eagle for the United States, the maple leaf for Canada, the lion for the United Kingdom, and the dragon for Wales. These emblems help to distinguish a country and its people, and they are often regarded with pride and reverence by citizens to symbolize their national identity.

The National Emblem is one of the national symbols of Papua New Guinea as listed under Section 3 of the Constitution. The Constitution list out the national symbols as follows:

1. Flag
2. Emblem
3. Motto
4. Seal
5. Anthem

The National Identity Act (Chapter 9) implements section 3 of the Constitution by making provision for the National Emblem.

National Emblem of Papua New Guinea

The Act describes the National Emblem describe in Schedule 3 and reproduces the emblem a reproduction in Schedule 4. This description and reproduction is declared to be the National Emblem of Papua New Guinea. There is a large bird of paradise (Genus paradisaea) on the Papua New Guinea national emblem. Its head is turned to the left, and it is sitting on the upturned grip of a horizontal Kundu drum, with the drum’s head to the right of the bird. Behind the bird, a horizontal ceremonial spear sticks out, with its head to the left of the bird.

“The Papua New Guinea National Emblem is a partially-stylized representation of the widespread Bird of Paradise Genus paradisaea in display, head turned to its left, seated on the upturned grip of a horizontal Kundu drum with the drum-head to the right side of the bird, from behind which a horizontal ceremonial spear projects with the head to the left of the bird.”

Rules as to use of National Emblem

The Head of State may make and publish rules in connection with the use of the National Emblem and of stylized or other versions of it for special uses. The Head of State will only make such publication upon advice from the National Executive Council.

Official use

The National Emblem shall be used for all official purposes of the Government. It shall also be used on all occasions on which it is customary to use a national emblem or national arms.

Improper use

If a person who is not being authorized by the Head of State or by any law, directly or indirectly prints or publishes any written or printed matter in or on which there appears the National Emblem is guilty of an offence. The penalty for this offence is a fine not exceeding K50.00. The State can only sue the offender upon consent of the Attorney General.

All in all, the emblem helps to distinguish Papua New Guinea and its citizens, and it is often regarded with pride and reverence by citizens to symbolize their national identity.

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The National Symbols

National symbols are iconic representations of a country’s identity, values, history, and culture. They serve as visual and symbolic representations of a nation and are often widely recognized by the public and used in various contexts, such as official documents, ceremonies, and national celebrations. National symbols can include the following:

1. Flag: The national flag is one of the most visible and recognizable national symbols. It typically features distinctive colors, patterns, and symbols that represent the country’s heritage and ideals.
2. Coat of arms: A coat of arms is a heraldic symbol that features various elements, such as shields, crests, and supporters, which represent the historical and cultural identity of a country.
3. National anthem: A national anthem is a patriotic song that represents the values, history, and aspirations of a nation. It is usually sung during national events, ceremonies, and sporting events.
4. National emblem: A national emblem is a graphical representation or image that symbolizes a country. It can feature elements like plants, animals, or historical landmarks that are significant to the nation.
5. National motto: A national motto is a phrase or statement that reflects the core values, principles, or aspirations of a country. It is often inscribed on official documents or government buildings.
6. National flower: Many countries have designated a specific flower as their national flower. This flower is often chosen for its cultural, historical, or symbolic significance.
7. National animal: Some countries have chosen a specific animal as their national animal, which represents their unique natural heritage or symbolizes certain cultural or historical traits.

These national symbols are important in fostering a sense of pride, unity, and identity among citizens and are widely used by a State and its citizens to represent a country both domestically and internationally.

The National Symbols of Papua New Guinea

Papua New Guinea has five national symbols. Section 3 of the Constitution sets out these national symbols as: 

1. Flag
2. Emblem
3. Motto
4. Seal
5. Anthem

The national flag, emblem and seal were immediately in use before the Constitution was enacted. Hence, the Constitution also for the same to be in use until such a time when the Parliament enacted specific legislations for each of these national symbols.

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Location of Papua New Guinea located

The Independent State of Papua New Guinea is located in the southwestern Pacific Ocean. It is north of Australia and east of Indonesia and it is situated on the eastern half of the island of New Guinea. It has numerous smaller islands also included within its territory.

Was Papua New Guinea colonized?

Yes, Papua New Guinea was under colonization. Germany and Great Britain colonized it. The northern part of Papua New Guinea was under German control from the late 19th century until 1919. Germany then transferred to Australia as a League of Nations mandate. The southern part of Papua New Guinea was under British control, and in 1906 it became a British protectorate. Papua New Guinea gained independence from Australia in 1975.

When did Papua New Guinea become independent?

Papua New Guinea gained independence on September 16, 1975. This marked a significant milestone in the history of this Pacific Island nation.

Who drafted the Constitution of Papua New Guinea?

The Constitution Planning Committee drafted of the constitution of Papua New Guinea. Sir John Guise chaired the Committee. The committee consisted of a diverse group of individuals, including politicians, legal experts, and representatives from various regions and interest groups in Papua New Guinea. The committee worked closely with the United Nations, which provided technical assistance and guidance throughout the drafting process. The final constitution was adopted and came into effect on September 16, 1975, the day of independence.

Constitution

The Constitution of Papua New Guinea is the supreme law of the country. It was adopted in 1975 when Papua New Guinea gained independence from Australia. The Constitution provides the framework for the country’s political, legal, and social systems. It establishes the structure of the government, defines the powers and functions of different branches of government, and guarantees fundamental rights and freedoms to the citizens of Papua New Guinea.

The Constitution of Papua New Guinea is divided into several parts. It is a unique document that reflects the specific circumstances, culture, and aspirations of the people of Papua New Guinea. It provides the framework for governance and protects the rights and interests of its citizens.

In the Preamble of the Constitution, the people have established the sovereign nation of Papua New Guinea. They did so by authority of their inherent right as ancient, free and independent people. The people declared themselves to be the Independent State of Papua New Guinea (State). Thereby asserting that all power belongs to the people acting through their duly elected representatives.

Furthermore, the people declared that they have resolved to enact a Constitution for the State. Consequently, acting through their Constituent Assembly on 15 August 1975, they established, adopted and gave themselves the Constitution. The Constitution took effect on Independence Day, 16 September 1975. Hence, the birth of the Independent State of Papua New Guinea.

The Independent State of Papua New Guinea

Section 1 of the Constitution describes that nation of Papua New Guinea as sovereign and independent. It further stated that the name of the State is the Independent State of Papua New Guinea. However, the Constitution does recognize that the State would not always be referred to by this name. There might be other variants of this name. Therefore, it states that an Act of Parliament shall make provision for the name and its variants to be protected. Consequently, the National Name (Protection) Act (Chapter 10) was enacted to implement Section 1 (2) of the Constitution. Furthermore, Section 1 also sets out two important characteristics of the State. These characters are as follows:

• A sovereign state which has the power to rule over its own territory free from another sovereign rule.
• An independent state which is to be politically and economically independent and have a self- reliant economy.

What does it mean to be a sovereign State?

To be a sovereign state means that a country or nation is independent and has the absolute authority and power to govern itself. It is not under the control or authority of any other external entity or government. A sovereign state has the right to make its own decisions, establish its own laws, and control its own territory without interference from outside entities. It also has the right to interact with other sovereign states on an equal footing and to represent itself in international relations. Sovereignty is a fundamental principle of international law and is considered a key characteristic of an independent nation.

What does it mean to be an independent State?

To be an independent state means to have absolute autonomy and self-governance. An independent state has the authority to make its own decisions, establish its own laws, and control its own territory without being under the control or authority of another country or external entity. It is not dependent on another state for its political, economic, or social affairs. This includes the ability to form relationships, engage in diplomatic relations, and participate in international affairs as a sovereign entity. An independent state is recognized by other states as a political and legal entity who has the right to determine its own destiny and pursue its own interests.

The area of Papua New Guinea

Section 2 of the Constitution identified the area of Papua New Guinea. As of Independence Day, Papua New Guinea’s area included the land that was known as Papua New Guinea, as well as all internal waters, the territorial sea, and lands that lie below them. It also includes any neighbouring waters and lands that lie below them, as well as any other lands and waters that the Head of State, acting with and following the advice of the National Executive Council, declares to be part of that area.

Papua New Guinea has absolute sovereignty over:

• its territory; and
• the natural resources of its territory.

This sovereignty is and shall remain absolute unless Papua New Guinea freely accepts obligations at international law. However, where Papua New Guinea must make such acceptance, it must be done in accordance with the Constitution.

All in all, the Independent State of Papua New Guinea was formed by the convergence in unity of all the tribes of this Nation. All the people came together and agree to form this nation under the Constitution. Hence, it become independent on 16 September 1975.

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