Office of External AffairsThis Official Response has been submitted to the Parliamentary Committee on Constitutional Laws, Acts and Subordinate Legislations on 18th April 2024 for due consideration.
For any queries relating to this submission, kindly contact:
Papua New Guinea Bahá’í Office of External Affairs
ph. +675 7379 6777 (Whatsapp) | email. NSAExternalAffairs@bahai.org.pg
website. www.bahai.org.pg | social. @PNGBahai or PNGBahaiCommunity
Acknowledgement
The Bahá’í Community of Papua New Guinea welcomes this opportunity to contribute to the Parliamentary Committee Inquiry into the Constitutional Amendment of Declaring Papua New Guinea a Christian Country Law 2023. We acknowledge the Government’s overarching intention to foster and strengthen unity in Papua New Guinea. In addition, we recognize and appreciate the crucial role of the Parliamentary Committee in upholding a just, transparent and inclusive process of consultation.
Executive Summary
The foundation of Bahá’í belief envelopes an essential consciousness of the oneness of God. Bahá’ís believe that regardless of denomination or religion or even traditional/indigenous belief, we are all praying to the one Almighty God, The All-Encompassing Creator, The Unknowable Divine Essence. Indeed Bahá’ís believe we all pray and worship the same God as our Christian brothers and sisters. Bahá’ís also believe that we are all part of one human family, regardless of ethnicity, creed, age or any other demographic demarcation.
As our country grapples with its ongoing advancement and development, our peace and prosperity as an entire society as well as our process of maturity will be inextricably influenced by how well we harmonise higher degrees of our inherent and evolving diversity at the individual, community and institutional levels.
The PNG Bahá’í Community has been part of the rich tapestry of our beloved nation since 1954; marking this year as the 70th Anniversary. To that end, our community alongside our fellow citizens is naturally concerned about the betterment and wellbeing of our entire society. Thus, with this submission, we seek to raise fundamental questions for in-depth consideration by our Government as it endeavours to progress matters relating to the Declaration of PNG as a Christian Country Law 2023.
It is our hope that these questions and their supporting points will be considered thoughtfully and assist to elevate the consultations held by the relevant decision-making authorities towards outcomes that are coherent and consistent between the overarching goals sought by our esteemed Government as well as its vital responsibilities and role in protecting and upholding the wellbeing of our country.
Question 1.
What are the ultimate objectives and principles that any Constitutional Amendment should aim to uphold in light of the vital role and responsibilities that our esteemed Government and all its subordinate agencies are charged with?
Our home-grown Constitution underscores the Government’s responsibility to promote and ensure the peace, freedom, well-being, tranquillity and advancement of all persons under its jurisdiction, regardless of race, class, creed, religious belief or economic condition. Some specific areas where these are clearly delineated in the existing Constitutional Law include:
- Preamble: The Preamble of the Constitution expresses the commitment of the people of Papua New Guinea to live together in peace, unity, and harmony, and to ensure the wellbeing and prosperity of all citizens.
- Principles of National Goals and Directive Principles: The Constitution sets forth the National Goals and Directive Principles, which include objectives aimed at promoting social justice, equality, and the welfare of all citizens. These goals emphasise the importance of economic and social development, equal participation in national development, and respect for the dignity and rights of all individuals, irrespective of their background.
- General Power of Law-Making: Section 109 of the Constitution states that the function of the National Parliament is to make laws for the peace, order, and good government of Papua New Guinea, with due regard to the welfare of all persons in the country. This provision underscores the government’s responsibility to legislate for the welfare and benefit of all citizens, regardless of their demographic characteristics.
- Protection of Fundamental Rights and Freedoms: Division III of the Constitution provides for the protection of fundamental rights and freedoms, such as the right to life, liberty, and security of person, freedom of expression, religion, and association. These protections contribute to the overall wellbeing and freedom of citizens, ensuring that their basic rights are safeguarded by the government.
- Equality and Participation: The Constitution emphasises the principles of equality and participation, ensuring that all citizens have equal access to opportunities and resources, regardless of their race, class, creed, religious belief, or economic condition. This commitment to equality helps to promote the wellbeing, tranquillity, and advancement of all members of society by reducing disparities and promoting inclusivity.
Question 2.
How will each of the intended amendments of law relating to the six (6) recommendations made by the Constitutional and Law Reform Commission (CLRC) remain coherent with the overarching role and responsibilities of Government to ensure the freedom, advancement, peace and security of all persons including minorities such as Bahá’ís within its jurisdiction?
In the absence of a publicly available/visible and detailed description of the actual proposed wording to all amendments of the relevant law as well as the challenges we had in attempting to access a copy of the CLRC report/recommendations, we have resorted to simply cite the following excerpt available via Hansard records, 15th February 2024, Meeting 11, Day 3:
The Constitutional and Law Reform Commission (CLRC) made six recommendations in its final report that was approved by the National Executive Council.
These recommendations are;
1. Amend the preamble of the Constitution and declare God as the creator and source of all power and authority.
2. Amend the National Goals and Directive Principles; create goal No. 6 to include Christian values and principles.
3. Amend Section I after the Constitution and insert sub-section of declaring Papua New Guinea a Christian country and make allowance for other religions to be practised in peace and harmony.
4. Insert a tenth basic social obligation in the preamble of the Constitution.
5. Amend the National Identity Act 1976 to reflect Christian Identity.
6. Development of a National Policy on Religion.
We note that on recommendation 3 above, an allowance for other religions to be practised in peace and harmony is intended. Whilst the Bahá’í Community and all other fellow-citizens we represent welcome this intention, we highlight the issue previously raised in our 2021 submission to the CLRC whereby reconciling the intention and the very real likelihood of detrimental implications caused by misinterpretation of any of the above 6 recommendations is very challenging and can give rise to an abuse of Basic and Fundamental Rights as outlined in the Constitution.
Notwithstanding this, our community welcomes every opportunity to (a) receive the official proposed wording to the amendments and (b) participate in any consultations or reviewing of draft versions exploring details of the recommendations by the CLRC. We note the Public hearing advertised by this Parliamentary Committee on 2nd May which we will attend in earnest.
Question(s) 3.
How do the proposed constitutional amendments and their implications continue to guarantee freedom of choice in religious faith and practice? How can this be provided equally to all citizens and residents? For the fear of God, which cannot be guaranteed only by the enactment of civil laws, is a matter of personal conscience and is conducive to the upbuilding of the moral character of a people and a prerequisite of social stability.
Furthermore, in light of the 6 recommendations by CLRC what practical and legal mechanisms exist for the protection of the rights of religious minorities?
Indeed, a mature society demonstrates one feature above all others: a recognition of the oneness of humanity. To develop institutions, agencies, and social structures that promote the oneness of humanity is an altogether greater challenge. Our founding forefathers have, in their vision of a mature Papua New Guinea, imbued our Constitution with the foundation and framework necessary to work steadfastly towards these milestones.
This framework elevates our collective vision above dichotomies of ethnicity, beliefs and cultures. It is a framework based on respect, equality and tolerance that encourages us, as a diverse people, to come together and coexist peacefully. This framework is reflected in the conviction held by our founding fathers about the importance of the well-being of the greater whole whilst acknowledging our inherent diversity:
Foreigners often say, “but there are so many differences. What are the Papua New Guinean ways?” We recognize the legitimacy of this question. However , it betrays a lack of appreciation of what a Papua New Guinean person is. Our ways emphasise egalitarianism and commitment to the community. They recognize the individual as a member of the community. We place great stress on our obligations to our extended families. We share our wealth. We view life in an undivided total picture. These ways of thinking and acting should be encouraged even in the face of the great emphasis of Western thinking on artificial differentiation between things spiritual or sacred and things physical or profane.1
1 Paragraph 115, Constitutional Planning Committee Report 1974
Additional Considerations
At this juncture, our community draws the attention of the Parliamentary Committee to the submission we made in 2021 for the consideration of the CLRC. In this submission, some key issues and questions were raised. No further feedback or response was directly received by our community following our sincere interest and request to be kept abreast of the consultations that were abound. We have extrapolated a summary of our Submission’s key issues in Appendix 2 for ease of reference.
Appendix 1 contains the full version of our Submission for the Parliamentary Committee’s reference.
Conclusion
It is our community’s hope that the aforementioned questions and supporting points lend some practical perspective to the far-reaching implications of the constitutional change. We are ever respectful of the ultimate decisions that are thoughtfully reached by our authoritative institutions and particularly those that are determined by our Government.
Having more than 200 localities across PNG whereby the Bahá’í community’s members reside – most of which are some of the remotest parts of our country, we are deeply sympathetic to the complexities involved in having a governance structure that strives in earnest towards the betterment of all who come under our duty of care.
We look forward to participating in the 2nd May consultations and share our sincerest gratitude in having the opportunity to do so.
This Official Response has been submitted to the Parliamentary Committee on Constitutional Laws, Acts and Subordinate Legislations on 18th April 2024 for due consideration.
For any queries relating to this submission, kindly contact:
Papua New Guinea Bahá’í Office of External Affairs
ph. +675 7379 6777 (Whatsapp) | email. NSAExternalAffairs@bahai.org.pg
website. www.bahai.org.pg | social. @PNGBahai or PNGBahaiCommunity
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