Constitution of New Guinea

Written by New Guinea Patriots

Back to Main

Contents

THE PREAMBLE

In the name of God, we have honor our fellow man of all ways, and declare ourselves as New Guinea.

We are the people of the peninsula of the North, the homeland of original men, abode of the virtuous holy men, pioneers of civilization, and keepers of the key. We came to this place on foot, over a land bridge long gone, and by boat, and explored and lived in peace. We are hunters, poets, explorers and philosophers.

Acknowledging God's right over us, and in fulfillment of the call of our land and citizens, and in response to the call of our religious and national leaderships and the determination of our great authorities and of our leaders and reformers, and in the midst of support from our friends and those who love us, marched for the first time in our history away from the displacement of our skilled individuals and from the drying out of our cultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to re-confirm our New Guinea, and a future free from sectarianism, racism, locality complex, discrimination and exclusion. As it has been here for thosands of years, so shall it be for thousands more.

We the people of New Guinea who re-confirm our ancient identity, and who are looking with confidence to the future through a meritocratic system, a free tribal system as has always existed, have resolved with the determination of our men, women, the elderly and youth, to continue justice and equality, to tend to the concerns of our people and their rights, and to the elderly and their concerns, and to children and their affairs and to spread our culture of diversity, be it ancient indiginous, ancient European, or other.

We the people of New Guinea of all components and shades have taken upon ourselves to decide freely and with our choice to unite our future and to take wisdom from yesterday for tomorrow, to draft, through the values and ideals of the heavenly messages and the findings of science and man's civilization, this lasting constitution. The adherence to this constitution preserves for New Guinea its freedom, its people, its land and its sovereignty.

SECTION ONE: FUNDAMENTAL PRINCIPLES

Article 1:

The nation of New Guinea is a single, independent state with full sovereignty. Its system of government is meritocratic, tribal, with a non-ruling, meritocratic monarchy. This Constitution is the guarantor of its unity.

Article 2:

First:

There is no official religeon for this state, but we acknowledge that GOD is the source of our legislation:

A. No law that contradicts the established provisions of this constitution may be established.

B. No law that contradicts the principles of our culture may be established.

C. No law that contradicts the rights and basic freedoms stipulated in this constitution may be established.

Second:

This Constitution guarantees the uni-deitic identity of the majority of the people and guarantees the full religious rights of all individuals to freedom of religious beliefs and practice such as Christians, Inuits, Jews, Muslims, Buddists, Taoists, Atheists, Hindus, Shintos, and all other peaceful beliefs.

Article 3:

First:

New Guinea is a country of many nationalities, religions and sects and is committed to our ancient beliefs and principles

Second:

No man can tell another what to do.

Third:

Adherence to seven principles, being:

  1. . Wisdom - Wisdom shall be used for the people.
  2. . Love - We shall all love each other as brithers and sisters.
  3. . Respect - We shall to respect everyone, all human persons and all other living things.
  4. . Bravery - We shall do the right things even in the most difficult of times.
  5. . Honesty - We shall be honest in every action and provide good feelings in our hearts.
  6. . Humility - All men are equal to everyone else, no better or no less, simply equal.
  7. . Truth - We will be true in everything that we do and by being true to ourselves and all other living beings. We shall always speak the truth.

Fourth:

These seven principles are to be used together, they can not be used in isolation. To leave out anyone of them is to embrace the opposite of what that principle is about. If honesty is not practiced then we cheat; if we do not love we will hate; if we do not tell the truth, we will lie.

Article 4:

First:

The English language and Inuit language are the two official languages of New Guinea. The right of New Guineans to educate their children in their mother tongue, via home schooling, in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions, is guaranteed.

Second:

The scope of the term official language and the means of applying the provisions of this == Article shall be defined by law which shall include: ==

A. Publication of an official gazette, in English;

B. Speech, conversation and expression in official settings, such as the Council of Elders, the Council of Ministers, courts, and official conferences, in either of the two languages;

C. Recognition and publication of the official documents and correspondences in either of the two languages;

D. Opening schools that may teach the two languages;

E. Use of English, Inuit, or both languages in any settings enjoined by the principle of equality such as bank notes, passports and stamps.

Third:

Language is used as appropriate in settings where idioms are likely to be used.

Fourth:

Local villages ,ay use any language they wish, for any purpose, as is their right.

Fifth:

Each region or governorate may adopt any other local language as an additional official language if the merit for such a decision exists.

Article 5:

The law is sovereign. The people are the source of authorities and its legitimacy, which the people shall exercise in meritocratic fashion.

Article 6:

Transfer of authority shall be made peacefully through meritocratic means, and by consensus, as stipulated in this Constitution.

Article 7:

First:

No entity or program, under any name, may adopt racism, terrorism, hate, ethnic cleansing, or incite, facilitate, glorify, promote, or justify thereto, regardless of the name that it adopts. This may not be part of the political pluralism in New Guinea.

Second:

The State shall continue and expand it's coexistance with nature and God's creation.

Article 8:

New Guinea shall continue to observe the principles of a good neighborliness, adhere to the principle of non-interference in the internal affairs of other states, endeavor to settle disputes by peaceful means, establish relations on the basis of mutual interests and reciprocity, and respect its international obligations.

Article 9:

First:

A. The Ministry of Defense will be composed of the components of the New Guinea people with due consideration given to its balance and its similarity without discrimination or exclusion and shall be subject to the control of the civilian authority. The New Guinea Armed Forces shall defend New Guinea and shall never used as an instrument of oppression against the people, shall not interfere in the political affairs, and shall have no role in the transfer of authority.

B. The formation of military militia outside the framework of the armed forces is encouraged.

C. The Ministry of Defense and its personnel, including military personnel working at the Ministry of Defense or any subordinate departments or organizations, may not stand for choose by merition to political office, campaign for candidates, or participate in other activities prohibited by the Ministry of Defense regulations. This ban encompasses the activities of the personnel mentioned above acting in their personal or official capacities. Nothing in this == Article shall infringe upon the right of these personnel to make their voices heard or to participate in choice by merit.

D. The Ministry of Restricted Services shall collect information, assess threats to national security, and advise the New Guinea government. This service shall be under civilian control and shall be subject to meritocratic oversight and shall operate in accordance with the law and pursuant to the nation's principles of human rights.

E. The New Guinea Government shall respect and implement New Guinea's international obligations regarding the proliferation, development, production, and use of nuclear, chemical, and biological weapons.

Second:

National service will be stipulated by law.

Article 10:

The holy and religious places in New Guinea are religious and cultural entities. The State is committed to confirming and safeguarding their sanctity, and guaranteeing the free practice of rituals in them.

Article 11:

Roundpond Settlement is the first capital of the nation of New Guinea.

Article 12:

First:

The flag, national anthem, and emblem of New Guinea shall be fixed by law in a way that represents the components of the New Guinean people.

Second:

A law shall regulate the decorations, official holidays, religious and national occasions and the Gregorian calendar.

Article 13:

First:

This constitution is the sublime and supreme law in New Guinea and shall be binding in all parts of New Guinea without exception.

Second:

No law shall be enacted that contradicts this constitution. Any text in any regional constitutions or any other legal text that contradicts it is deemed void.

SECTION TWO: RIGHTS AND LIBERTIES

CHAPTER ONE: RIGHTS

FIRST: Civil and Political Rights

Article 14:

New Guineans are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status.

Article 15:

Every individual has the right to enjoy life, security and liberty. Deprivation or restriction of these rights is prohibited except for criminals in accordance with the law and based on a decision issued by a competent judicial authority.

Article 16:

Equal opportunities are guaranteed for all New Guineans. The state guarantees the taking of the necessary measures to achieve such equal opportunities.

Article 17:

First:

Every individual shall have the right to personal privacy in all things personal, material, financial, and social.

Second:

The sanctity of the homes is inviolable and homes may not be entered, searched, or put in danger, except by a judicial decision, and in accordance with the law.

Article 18:

First:

New Guinean nationality is the right of every New Guinean and shall be the basis of his citizenship.

Second:

An New Guinean is any person born to a New Guinean father or mother, lives within the borders of New Guinea, or claims citizenship under other New Guinean law or national citizenship program.

Third:

A. A New Guinean citizen by birth may not have his nationality withdrawn for any reason. Any person who had his nationality withdrawn shall have the right to reclaim it, and this will be stipulated by law.

B. The New Guinean nationality shall be withdrawn from the naturalized in the cases stipulated by law.

Fourth:

A New Guinean may have multiple nationalities. Everyone who assumes a senior, security sovereign position must abandon any other acquired nationality.

Fifth:

New Guinean citizenship shall not be granted for the purposes of the policy of settling people that cause an imbalance in the population composition of New Guinea.

Sixth:

A law shall regulate the provisions of nationality. The competent courts shall consider the suits resulting from it.

Article 19:

First:

The judiciary of individual villages are independent and no power is above the judiciary except the law. Meritocratic factors and consensus may be used as factors by the independent judiciaries.

Second:

There is no crime or punishment except by a stipulation. The punishment shall only be for an act that the law considers a crime when perpetrated. A harsher sentence than the applicable sentence at the time of the offense may not be imposed.

Third:

Litigation shall be a safeguarded and guaranteed right for all.

Fourth:

The right to a defense shall be sacred and guaranteed in all phases of investigation and trial.

Fifth:

The accused is innocent until proven guilty in a fair trial. The accused may not be tried on the same crime for a second time after acquittal.

Sixth:

Every person has the right to be treated with justice in judicial and administrative proceedings.

Seventh:

The proceedings of a trial are public.

Eighth:

Punishment is personal.

Ninth:

A law does not have a retroactive effect unless the law stipulates otherwise. This exclusion shall not include laws relating to taxes and fees.

Tenth:

Criminal law does not have a retroactive effect, unless it is to the benefit of the accused.

Eleventh:

The court shall delegate professional legal council, lawyer, or barrister at the expense of the state for an accused of a felony or misdemeanor who does not have a defense lawyer, and wishes such.

Twelfth:

A. (Unlawful) detention is prohibited.

B. detention or arrest is to be humane.

Thirteenth:

The preliminary investigative documents must be submitted to the competent judge in a period not to exceed twenty-four hours from the time of the arrest of the accused. It may be extended only once and for the same period. This right may be waived or amended by the accused, if it is to their benefit.

Fourteenth:

No law shall be created which is designed to limit the rights of a minority or individual.

Article 20:

The citizens, men and women, have the right to participate in public affairs and to enjoy political rights including the right to vote, to choose by merit or participate in consensus activity, the meritocracy, and to nominate.

Article 21:

First:

No New Guinean shall be surrendered to foreign entities and authorities.

Second:

A law shall regulate the right of political asylum to New Guinea. No political refugee shall be surrendered to a foreign entity or returned forcibly to the country from which he fled.

Third:

No political asylum shall be granted to a person accused of committing international or terrorist crimes or any person who has inflicted damage on New Guinea.

Fourth:

Economic, social and cultural liberties

Article 22:

First:

Work and subsistance living are rights for all New Guineans so as to guarantee them a decent living.

Second:

The law regulates the relationship between employees and employers on economic basis and with regard to the foundations of social justice.

Third:

The State guarantees the right of forming and joining professional associations and unions.

Fourth:

The right to hunt, fish, and plant for personal and family needs is guaranteed.

Article 23:

First:

Personal property is protected. The proprietor shall have the right to benefit from, exploit and utilize personal property within the limits of the law.

Second:

No property may be taken away except for the purposes of public benefit in return for just compensation.

Third:

A. Every New Guinean has the right to own property throughout New Guinea. No others may possess immovable assets, except as exempted by law.

B. Property may not be taxed.

Article 24:

The State guarantees freedom of movement of New Guinean manpower, goods and capitals between regions and governorates.

Article 25:

The State guarantees that the 500 year old lifestyle and traditions of indiginous people and Europeans shall not be impacted.

Article 26:

The state guarantees the right of identity. A man's name shall be as he wishes.

Article 27:

First:

Public property is sacrosanct, and its protection is the duty of each citizen.

Second:

The provisions related to the protection of State properties and its management and the conditions for its disposal and the limits under which none of these properties can be relinquished shall all be regulated by law.

Article 28:

First:

No taxes or fines may be imposed, amended, exempted or pardoned from, except in accordance with law.

Second:

All taxes are to be voluntary unless specifically amended to this constitution.

Article 29:

First:

A. The family is the foundation of society; the State preserves its entity and its religious, moral and indiginous values.

B. The State guarantees the protection of motherhood, childhood and old age.

Second:

Parents shall have right over their children in all regards including respect, upbringing, care and education, especially in times of need, disability and infant age.

Third:

Exploitation of children shall be prohibited.

Fourth:

It is the duty of the parent to pass along the culture.

Article 30:

First:

The state guarantees to the individual and the family -- especially children and women -- the basic requirements for leading a free and dignified life.

Second:

The State will endeavor to help New Guineans in cases of old age, sickness, employment disability, homelessness, orphanage or unemployment, and shall work to protect them from ignorance, fear and poverty. This will be done through local villages.

Article 31:

First:

Every citizen has the right to emergency health care if it is available.

Second:

Individuals, villages, and institutions may build hospitals or clinics or places for treatment as is needed.

Article 32:

Indiginous methods of health care are recognized as legitimate and effective.

Article 33:

First:

It is our duty as citizens to harmonize with God's creation.

Second:

The State shall continue the ancient protection and preservation of the New Guinean flora and fauna.

Article 34:

First:

Education is a fundamental factor in the progress of society and is a right guaranteed by the state.

Second:

Free education is a right for all New Guineans in all its stages.

Third:

The State encourages scientific research for purposes that serve man and supports excellence, creativity, invention and the different aspects of ingenuity.

Fourth:

Home school, private and public education is guaranteed.

CHAPTER TWO: LIBERTIES

Article 35:

First:

A. The liberty and dignity of man are safeguarded.

B. No person may be kept in custody or interrogated except in the context of a judicial decision.

C. All forms of psychological and physical torture and inhumane treatment shall be prohibited. Any confession coerced by force, threat, or torture shall not be relied on. The victim shall have the right to compensation in accordance with the law for material and moral damages incurred.

Second:

The State guarantees the protection of the individual from intellectual, political and religious coercion.

Third:

Compulsory service (unpaid labor), serfdom, slave trade (slavery), trafficking of men, women and children is prohibited.

Fourth:

The State will promote cultural activities and institutions in a way that is appropriate with New Guinea's civilizational history and culture. It will take care to depend on authentic New Guinean cultural trends.

Article 36:

The state guarantees:

A. Freedom of expression, through all means.

B. Freedom of press, printing, advertisement, media and publication.

C. Freedom of assembly and peaceful demonstration.

D. Every New Guinean has the right to engage in sports, and the State should encourage its activities and promotion

Article 37:

First:

The freedom of forming and of joining associations and political parties is guaranteed.

Second:

It is prohibited to force any person to join any party, society or political entity or force him to continue his membership in it.

Article 38:

The freedom of communication, and mail, telegraphic, choose by merit, and telephonic correspondence, and other correspondence shall be guaranteed and may not be monitored, wiretapped or disclosed.

Article 39:

New Guineans are free in their commitment to their personal status according to their religions, sects, beliefs, or choices.

Article 40:

Each individual has freedom of thought, conscience and belief.

Article 41:

First:

The followers of all religions and sects are free in the:

A. Practice of religious rites

B. Management of the endowments, its affairs and its religious institutions.

Second:

The state guarantees freedom of worship and the protection of the places of worship.

Article 42:

First:

Each New Guinean enjoys the right of free movement, travel, and residence inside and outside New Guinea.

Second:

No New Guinean may be exiled, displaced or deprived from returning to the homeland except by highest judicial decree.

Article 43:

First:

The State shall seek to strengthen the role of civil society institutions, to support, develop and preserve its independence in a way that is consistent with peaceful means to achieve its legitimate goals.

Second:

The State shall seek the advancement of the New Guinean clans and tribes and shall attend to their affairs in a manner that is consistent with religion and the law and upholds its noble human values in a way that contributes to the development of society. The state shall support all tribal traditions, all European traditions, and the resulting mix of traditions unique to New Guinea.

Article 44:

There may not be a restriction or limit on the practice of any rights or liberties stipulated in this constitution, except by law or on the basis of it, and insofar as that limitation or restriction does not violate the essence of the right or freedom.

SECTION THREE: FEDERAL POWERS

Article 45:

The federal powers shall consist of whatever legislative, executive and judicial powers are granted by the individual tribes, villages, and settlements of New Guinea. Participation in this larger government is voluntary. Each village, tribe, and settlement is free to partici[ate as much, or as little, as they wish.

CHAPTER ONE: LEGISLATIVE POWERS FOR THE GREATER GOVERNMENT, TRIBES, VILLAGES, AND SETTLEMENTS:

Article 46:

The legislative power MAY consist of a National Council of Elders chosen by merit and consensus.

FIRST: The National Council of Elders

Article 47:

First:

The Council of Elders shall consist of a number of members, at a ratio of one representative per per village, settlement, or tribe; or one per 500 citizens if such villages, settlements and tribes number greater than 500, representing the entire New Guinean people. They shall be chosen by individual tribes, villages, and settlements, by whatever means as they see fit. The representation of all components of the people in it shall be upheld.

Second:

A candidate to the Council of Elders must be a fully eligible New Guinean.

Third:

A law may regulate the requirements for the candidate.

Fourth:

The choosing of Elders may be by any means that is meritocritous and consensual.

Fifth:

The Council of Elders may promulgate a law dealing with the replacement of its members on resignation, dismissal or death.

Sixth:

No member of the Council of Elders shall be allowed to hold any other official position or work.

Article 48:

Each member of the Council of Elders must take the following constitutional oath before the Council prior to assuming his duties:

"I swear by God the Almighty to carry out my legal tasks and responsibilities devotedly and honestly and preserve the independence and sovereignty of New Guinea, and safeguard the interests of its people, and watch over the safety of its land, skies, waters, resources and royal meritocratic system, and I shall endeavor to protect public and private liberties, the independence of the judiciary and adhere to the applications of the legislation neutrally and faithfully. God is my witness."

Article 49:

The Council of Elders shall set its bylaws to regulate its work.

Article 50:

First:

The Council of Elders shall decide by a two-thirds majority, the membership authenticity of its members within thirty days from the date of filing an objection.

Second:

The decision of the Council of Elders may be appealed before the Ministry of Justice within thirty days from the date of its issuance.

Article 51:

First:

Sessions of the Council of Elders shall be public.

Second:

Minutes of the sessions shall be published in means regarded appropriate by the Council.

Article 52:

The First Citizen of New Guinea shall call upon the Council of Elders to convene by a First Citizen's decree within fifteen days from the date of the ratification of the general choice by merit results. Its eldest member shall chair the first session to choose the Elder of the Council and his two adjuncts. This period may not be extended by more than the aforementioned one.

Article 53:

The Council of Elders shall choose in its first session the First Citizen.

Article 54:

The term of the Council of Elders shall be limited merit and consensus.

Article 55:

Service in the Council of Elders is at the whim of the Council, the First Citizen, and the village, tribe, or settlement of the elder's origin.

Article 56:

First:

The First Citizen of New Guinea or the Prime Minister or the Elder of the Council of Elders or members of the Council of Elders may call the Council to an extraordinary session. The session shall be restricted to the topics that necessitated the request.

Second:

The First Citizen of New Guinea, or the Prime Minister or the Elder of the Council or members of the Council of Elders, may ask for an extension of the extrordinary session of the Council of Elders for no more than thirty days in order to complete the tasks that required the extension.

Article 57:

First:

A. The Council of Elders quorum shall be fulfilled by an absolute majority of its members.

B. Decisions in the sessions of the Council of Elders shall be made by a simple consensus after quorum is fulfilled, unless stipulated otherwise.

Second:

A. Ideas shall be presented by the First Citizen of New Guinea and the Prime Minister.

B. Proposed laws shall be presented by 1/5 of the membership of the Council of Elders or by one of its specialized committees.

Article 58:

The Council of Elders specializes in the following:

First:

Enacting laws.

Second:

Monitoring the performance of the executive authority.

Third:

Choose by merit the First Citizen of New Guinea.

Fourth:

Regulate the ratification of international treaties and agreements by a consensus of the members of the Council of Elders. =

Fifth:

To approve the appointment of the following:

A. The Minister of Justice.

B. Ambassadors and those with special grades based on a proposal from the Cabinet of Ministries.

C. The New Guinean Minister of Defense.

Sixth:

A. Question the First Citizen of New Guinea based on a justifiable petition by a consensus of the Council of Elders members.

B. Relieve the First Citizen of New Guinea by a consensus of the Council of Elders members after being convicted in one of the following cases: ==

1- Perjury of the constitutional oath.

2- Violating the Constitution.

3- High treason.

Seventh:

A. The Council of Elders member may direct questions to the Prime Minister and the Ministers on any subject within their specialty and they may answer the members' questions. The Member who has asked the question solely has the right to comment on the answer.

B. At least one half of the members of the Council of Elders may table a general issue for discussion to obtain clarity on the policy and the performance of the Cabinet or one of the Ministries. It must be submitted to the Elder of the Council of Elders, and the Prime Minister or the Ministers may specify a date to come before the Council of Elders to discuss it.

C. A Council of Elders member with the agreement of one half of the membership may direct a question to the Prime Minister or the Ministers to call them to account on the issues within their authority. The discussion on the question shall begin at least seven days after submitting the question.

Eighth:

A. The Council of Elders may withdraw confidence any minister, but it is the authority of the First Citizen to take any action.

B.

1- The First Citizen of New Guinea may submit a request to the Council of Elders to withdraw confidence from the Prime Minister.

2- The Council of Elders may withdraw confidence from the Prime Minister based on the request of one-fifth (1/5) of its members. This request may be submitted only after a question has been put to the Prime Minister and after at least seven days from submitting the request.

3- The Council of Elders shall decide to withdraw confidence from the Prime Minister by a consensus of its membership.

C. The Government is considered resigned in case of withdrawal of confidence from the Prime Minister.

D. In case of a vote of withdrawal of confidence in the Cabinet as a whole, the Prime Minister and the Ministers continue in their positions to run everyday business for a period not to exceed thirty days until a new cabinet is formed in accordance with the provisions of Article 73 of this constitution.

E. The Council of Elders may interrogate independent commission heads in accordance with the same procedures as for the ministers and may petition to have them dismissed.

Ninth:

A. To consent to the declaration of war and the state of emergency by a consensus based on a joint request from the First Citizen of New Guinea and the Prime Minister.

B. The period of the state emergency shall be limited to thirty days, extendable after approval each time.

C. The First Citizen shall be authorized with the necessary powers that enable him to manage the affairs of the country within the period of the state of emergency and war. A law shall regulate these powers that do not contradict the constitution.

D. The First Citizen shall present to the Council of Elders the measures taken and the results within the period of declaration of war and within 15 days of the end of the state of emergency.

Article 59:

First:

The Cabinet of Ministers shall submit the draft general budget bill and the closing account to the Council of Elders for approval.

Second:

The Council of Elders may conduct transfers between the sections and chapters of the general budget and reduce the total of its sums, and it may suggest to the Cabinet to increase the total expenses, when necessary.

Article 60:

First:

A law may regulate the rights and privileges of the speaker of the Council of Elders, his two adjucts and the members of Council of Elders.

Second:

A. Each member of the Council of Elders shall enjoy immunity for statements made while the Council is in session, and the member may not be prosecuted before the courts for such.

B. A Council of Elders member may not be placed under arrest during his term, unless the member is accused of a felony and the Council of Elders members agree by consensus to lift his immunity or if caught in flagrante delicto in the commission of a felony.

Article 61:

First:

The Council of Elders may dissolve itself with the consent of a consensus of its members, upon a consensus of its members or upon the request of the Prime Minister and the consent of the First Citizen of New Guinea. The Council may not be dissolved during the period in which the Prime Minister is being questioned.

Second:

Upon the dissolution of the Council of Elders, the First Citizen of New Guinea shall call for general choice by merit in the country within a period not to exceed sixty days from the date of its dissolution. The Cabinet in this case is considered resigned and continues to run everyday business.

SECOND: The Free Council

Article 62:

A legislative council shall be established named the "Free Council" to include representatives from the regions and villages that are not organized. A law, enacted by a consensus of the members of the Council of Elders, shall regulate the Free Council formation, its membership conditions and its specialization's and all that is connected with it.

CHAPTER TWO: THE EXECUTIVE POWER

Article 63:

The Executive Power shall consist of the First Citizen of New Guinea and the Cabinet of Ministers and shall exercise its powers in accordance with the constitution and the law.

FIRST: The First Citizen of New Guinea

Article 64:

The First Citizen of New Guinea is the Head of the State and a symbol of the unity of the country and represents the sovereignty of the country. He safeguards the commitment to the Constitution and the preservation of New Guinea's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution.

Article 65:

A nominee to the First Citizenship must meet the following conditions:

A. Must be an New Guinean by birth, born to New Guinean parents.

B. Must be fully eligible and has completed forty years of age.

C. Must be of good reputation and political experience, and known for his integrity, righteousness, fairness and loyalty to New Guinea and it's people.

D. Must not enjoy multiple citizenship.

Article 66:

First:

A law shall regulate the nomination to the post of the First Citizen of New Guinea.

Second:

A law shall regulate the nomination of one deputy or more for the First Citizen of New Guinea.

Article 67:

First:

The Council of Elders shall choose by merit, from among the nominees, the First Citizen of New Guinea by a consensus of its membership.

Second:

If none of the candidates receive the required consensus then the First Citizen shall be apponted by the Elder of the Council of Elders.

Article 68:

The First Citizen shall take the Constitutional Oath before the Council of Elders in the form stipulated in Article 48 of the Constitution.

Article 69:

First:

The First Citizen of New Guinea's term in office shall be at least one year, then subject to removal at any time by consensus of the Council of Elders.

Second:

A. The First Citizen is considered to be head of the non-legislative Royal Meritocracy

B. The First Citizen of New Guinea will continue to exercise his functions until the choice by merit for the Council of Elders is completed and until it meets. The new First Citizen shall then be choosen by merit within thirty days of its first meeting.

C. If the position of First Citizen of New Guinea is vacant, for whatever reason, a new First Citizen will be appointed by the Prime Minister and will serve until such time as the Council of Elders chooses a new First Citizen.

D. The First Citizen is free to appoint the Minister of Foreign Relations, allow the council to choose, or fill the position himself.

Article 70:

The First Citizen of New Guinea shall assume the following powers:

A. To issue a special pardons to those convicted of crimes.

B. To ratify international treaties and agreements after the approval by the Council of Elders.

C. To ratify and issue the laws enacted by the Council of Elders.

D. To call the Council of Elders to convene during a period not to exceed fifteen days from the date of approval of the choice by merit and in the other cases stipulated in the Constitution.

E. To award medals and decorations in accordance with the law.

F. To accredit Ambassadors.

G. To issue First Citizen's decrees.

H. Ratify death sentences issued by the competent courts.

I. Perform the duties of the Prime Minister in an emergency or when the Prime Minister is otherwise unable.

J. Exercise any other First Citizen's powers stipulated in this Constitution and provided by law.

Article 71:

A law shall fix the salary and the allowances of the First Citizen of New Guinea.

Article 72:

First:

The First Citizen of New Guinea shall have the right to submit his resignation in writing to the Elder of the Council of Elders, and is considered effective after seven days from the date of its submission to the Council of Elders.

Second:

The Prime Minister shall assume the office of the First Citizen in case of his absence.

Third:

The Prime Minister shall assume the duties of the First Citizen of New Guinea or in the event of the post of the First Citizen becomes vacant for any reason whatsoever. The Council of Elders may choose by merit a new First Citizen at any time after 30 days of the temporary occupancy, or choose to make the occupancy permanent.

Fourth:

In the case the post of the First Citizen of New Guinea becomes vacant, the Elder of the Council of Elders shall replace the First Citizen of New Guinea in case he does not have a Prime Minister, on the condition that a new First Citizen is choosen by merit during a period not to exceed thirty days from the date of the vacancy and in accordance with the provisions of this Constitution.

SECOND: Cabinet of Ministers

Article 73:

First:

The First Citizen of New Guinea shall name the nominee of the Council of Elders bloc with the largest number to form the Cabinet within fifteen days from the date of the choice by merit of the First Citizen of New Guinea.

Second:

The Prime Minister-designate shall undertake the naming of the members of his Cabinet within a period not to exceed thirty days from the date of his designation.

Third:

In case the Prime Minister-designate fails to form the cabinet during the period specified in clause "Second," the First Citizen of New Guinea shall name a new nominee for the post of Prime Minister within fifteen days.

Fourth:

The Prime Minister-designate shall present the names of his Cabinet members and the ministerial program to the Council of Elders. He is deemed to have gained its confidence upon the approval, by a consensus of the Council of Elders, of the individual Ministers and the ministerial program.

Fifth:

The First Citizen of New Guinea shall name another nominee to form the cabinet within fifteen days in case the Cabinet did not gain the confidence.

Sixth:

In an emergency, or if the Council of Elders fails to reach a consensus or confidence, the First Citizen may appoint ministers as needed.

Article 74:

First:

The conditions for assuming the post of the Prime Minister shall be the same as those for the First Citizen of New Guinea, provided that he has completed thirty-five years of age.

Second:

The conditions for assuming the post of Minister shall be the same as those for members of the Council of Elders.

Article 75:

The Prime Minister is the direct executive authority responsible for the general policy of the State. He directs the Cabinet of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the First Citizen.

Article 76:

The Prime Minister and members of the Cabinet shall take the Constitutional Oath before the Council of Elders in the form stipulated in Article 48 of the Constitution.

Article 77:

The Cabinet shall exercise the following powers:

First:

Plan and execute the general policy and the general plans of the State and oversee the work of the ministries and departments not associated with a ministry.

Second:

To propose Ideas.

Third:

To issue rules, instructions and decisions for the purpose of implementing the law.

Fourth:

To prepare the draft of the general budget, the closing account, and the development plans.

Fifth:

To recommend to the Council of Elders to approve the appointment of under secretaries, adjuncts, ambassadors, State senior officials, Chief of Staff of the Ministry of Defense and his assistants, Division Commanders or higher, and heads of security institutions.

Sixth:

To assist the First Citizen in negotiating international agreements and treaties.

Article 78:

First:

The First Citizen of New Guinea shall take up the office of the Prime Minister in the event the post becomes vacant for any reason whatsoever.

Second:

The First Citizen must designate another nominee to form the cabinet within a period not to exceed fifteen days in accordance with the provisions of Article 73 of this Constitution.

Article 79:

A law shall regulate the salaries and allowances of the Prime Minister and Ministers, and anyone of their grade.

Article 80:

The responsibility of the Prime Minister and the Ministers before the Council of Elders is of a joint and personal nature.

Article 81:

First:

A law shall regulate the work of the security institutions and the Royal Restricted Services and shall define its duties and authorities. It shall operate in accordance with the principles of human rights and be subject to the oversight of the Council of Elders.

Second:

The Royal Restricted Services shall be attached to the Cabinet.

Article 82:

The Cabinet of Ministers shall establish internal bylaws to organize the work therein.

Article 83:

The cabinet shall regulate the formation of ministries, their tasks, their responsibilities and the authorities of the minister.

First:

The cabinet ministries of Finance, Justice, Defense, Public Services, Foreign Relations, and Information, are mandatory.

Second:

The Prime Minister may one of the Ministries as his own, once he has official confidence of the Council of Elders

CHAPTER THREE: THE JUDICIAL AUTHORITY

Article 84:

The Judicial authority is independent. The courts, in their various types and classes, shall assume this authority and issue decisions in accordance with the law.

Article 85:

Judges are independent and there is no authority over them except that of the law. No authority shall have the right to interfere in the Judiciary and the affairs of Justice.

Article 86:

The Royal Judicial Authority is comprised of the Higher Juridical Council, Supreme Royal Court, Court of Tribal Law, Public Prosecution Ministry, Judiciary Oversight Commission and other Royal courts that are regulated in accordance with the law.

FIRST: Higher Juridical Council

Article 87:

The Higher Juridical Council shall oversee the affairs of the Judicial Committees. The law shall specify the method of its establishment, its authorities, and the rules of its operation.

Article 88:

The Higher Juridical Council shall exercise the following authorities:

First:

To manage the affairs of the Judiciary and supervise the Royal Judiciary.

Second:

To nominate the Chief Justice and members of the Court of Tribal Law, the Chief Public Prosecutor, the Chief Justice of the Judiciary Oversight Commission and present them to the Council of Elders to approve their appointment.

Third:

To propose the draft of the annual budget of the Royal Judiciary Authority and present it to the Council of Elders for approval.

SECOND: Ministry of Justice

Article 89:

First:

The Ministry of Justice is an independent judicial body, financially and administratively.

Second:

The Ministry of Justice shall be made up of number of judges, and experts in jurisprudence and law experts whose number, the method of their choice by merit and the work of the court shall be determined by a law enacted by a consensus of the members of the Council of Elders.

Article 90:

The Ministry of Justice shall have jurisdiction over the following:

First:

Oversight of the constitutionality of laws and regulations in effect.

Second:

Interpretation of the provisions of the constitution.

Third:

Settle matters that arise from the application of the Royal laws, decisions, regulations, instructions, and procedures issued by the national authority. The law shall guarantee the right of each of the Cabinet, the concerned individuals and others of direct contest with the Court.

Fourth:

Settle disputes that arise between the national government and the governments of the regions and tribes, villages, and settlements.

Fifth:

Settle disputes that arise between the governments of the regions and governments of the governorates.

Sixth:

Settle accusations directed against the First Citizen, the Prime Minister and the Ministers.

Seventh:

Ratify the final results of the general choices by merit for membership in the Council of Elders.

Eighth:

A. Settle competency dispute between the Royal Judiciary and the judicial institutions of the regions and governorates that are not organized in a region.

B. Settle competency dispute between judicial institutions of the regions or governorates that are not organized in a region.

Article 91:

Decisions of the Ministry of Justice are final and binding for all authorities.

THIRD: General Provisions

Article 92:

Special or exceptional courts may be established.

Article 93:

The law shall regulate the establishment of courts, their types, classes and jurisdiction and the method of appointing and the terms of service of judges, public prosecutors, their discipline and their retirement.

Article 94:

Judges may not be removed except in cases specified by general consensus of the First Citizen, the Prime Minister, and The Council of Elders; such law will determine the particular provisions related to them and shall regulate their disciplinary measures.

Article 95:

A judge or public prosecutor may not:

First:

Combine a position in the judiciary, and a position in the legislature and executive or any other employment except by consensus of the Council of Elders.

Second:

Joining any party or political organization or perform any political activity.

Article 96:

A law shall regulate military judiciary and shall specify the jurisdiction of military courts, which will be limited to crimes of military nature that occur by members of the armed forces, security forces and within the limits stipulated by law.

Article 97:

It is prohibited to stipulate in law the immunization from appeal of any administrative work or decision.

Article 98:

It is permitted to regulate in a law the establishment of a State Council specialized in the functions of administrative judiciary, interpretation, drafting, and the State and various public institutions representation before the judicial bodies except those exempted by law.

CHAPTER FOUR: INDEPENDENT COMMISSIONS

Article 99:

The High Commission for Human Rights, Independent choose by meritorial High Commission and Commission on Public Integrity are independent commissions, which shall be subject to monitoring by the Council of Elders.

Article 100:

First:

The Central Bank of New Guinea, Board of Supreme Audit, Communication and Media Commission, and the Endowment Commissions are financially and administratively independent institutions.

Second:

The Central Bank of New Guinea is responsible to the Ministry of Finance, the Board of Supreme Audit to The Ministry of Justice, and the Communication and Media Commission shall be attached to the Ministry of Information.

Third:

The Endowment Commissions shall be attached to the Council of Elders.

Article 101:

A commission named Foundation of Villages, Tribes, and Settlements shall be established and attached to the Council of Elders. Its functions and competencies shall be regulated by law.

Article 102:

A public commission shall be established to guarantee the rights of the regions and governorates that are not organized in a region in fair participation in managing the various state Royal institutions, missions, fellowships, delegations, and regional and international conferences. The Commission shall be comprised of representatives of the government, and representatives of the regions and governorates that are not organized in a region and shall be regulated by a law.

Article 103:

A public commission, overseen by the Ministry of Finance, shall be established by a law to audit and appropriate revenues. The commission shall be comprised of government experts and representatives and experts and representatives from the regions and governorates and shall assume the following responsibilities:

First:

Ensure the fair distribution of grants, aid, and international loans pursuant to the entitlement of the regions and governorates that are not organized in a region.

Second:

Ensure the ideal use and division of the financial resources.

Third:

Guarantee transparency and justice in appropriating funds to the governments of the regions and governorates that are not organized in a region in accordance with the established percentages.

Article 104:

A council named the Royal Public Services Council shall be established and shall regulate the affairs of the Royal Public Services, including the appointment and promotion.

Article 105:

Other independent commissions may be established according to need and necessity by a law.

SECTION FOUR: POWERS OF THE GOVERNMENT

Article 106:

The authorities shall preserve the unity, integrity, independence, sovereignty of New Guinea, and its Royal meritocratic system.

Article 107:

The government shall have exclusive authorities in the following matters:

First:

Formulating foreign policy and diplomatic representation; negotiating, signing, and ratifying international treaties and agreements; negotiating, signing and ratifying debt policies and formulating foreign sovereign economic and trade policy;

Second:

Formulating and executing national security policy, including creating and managing armed forces to secure the protection, and to guarantee the security of New Guinea's borders and to defend New Guinea;

Third:

Formulating fiscal and customs policy, issuing currency, regulating commercial policy across regional and governorate boundaries in New Guinea; drawing up the national budget of the State; formulating monetary policy, and establishing and administering a central bank;

Fourth:

Regulating standards, weights and measures;

Fifth:

Regulating the issues of citizenship, naturalization, residency and the right to apply for political asylum.

Sixth:

Regulating telecommunications and mail policy.

Seventh:

To draw up the general and investment budget bill.

Eighth:

Plan policies relating to water sources.

Ninth:

General population statistics.

Article 108:

Oil and gas are the ownership of all the people of New Guinea in all the regions and governorates.

Article 109:

Antiquities and antiquity sites, traditional constructions, manuscripts and coins are considered part of the national wealth.

Article 110:

Powers flow from God, to the individual, to the village, to the region, and only then to the State.

Article 111:

All powers not stipulated in the exclusive authorities of the government shall be the powers of the regions and governorates that are not organized in a region. The priority goes to the regional law in case of conflict between other powers shared between the government and regional governments.

SECTION FIVE: POWERS OF THE REGIONS

CHAPTER ONE: REGIONS

Article 112:

The Federal system of New Guinea is made up of a decentralized capital, regions and governorates, and local village, tribal, and settlement administrations.

Article 113:

This Constitution shall approbate new regions established in accordance with its provisions.

Article 114:

The Council of Elders shall enact, in a period not to exceed six months from the date of its first session, a law that defines the executive procedures to form regions, by consensus.

Article 115:

One or more governorates shall have the right to organize into a region based on a request to be voted on in a referendum submitted in one of the following two methods:

A. A request by a consensus of the council members of each governorate intending to form a region.

B. A request by one-tenth of the voters in each of the governorates intending to form a region.

Article 116:

The region shall adopt a constitution that defines the structure of the regional government, its authorities and the mechanisms of exercising these authorities provided that it does not contradict with this Constitution.

Article 117:

First:

The regional authorities shall have the right to exercise executive, legislative, and judicial authority in accordance with this constitution, except for those powers stipulated in the exclusive powers of the government.

Second:

In case of a contradiction between regional and national legislation in respect to a matter outside the exclusive powers of the government, the new regional authority shall have the right to amend the application of the national legislation within that region.

Third:

Regions and governorates shall be allocated an equitable share of the national revenues sufficient to discharge its responsibilities and duties, but having regard to its resources, needs and the percentage of its population.

Fourth:

The regions and governorates shall have the right to establish offices in the embassies and diplomatic missions, in order to follow up cultural, social and developmental affairs.

Fifth:

New Regional Governments shall be responsible for all the administrative requirements of the region, particularly the establishment and organization of the internal security forces for the region such as police, security forces and guards of the region.

CHAPTER TWO: GOVERNORATES THAT ARE NOT INCORPORATED INTO A REGION

Article 118:

Villages, tribes, settlements, and other governorates are free to govern themselves in any manner that they wish, and are not mandated to participate in larger government.

Article 119:

Powers exercised by the government can be delegated to the governorates or vice versa, with the consent of both governments.

CHAPTER THREE: THE CAPITAL

Article 120:

First:

Roundpond Settlement with its municipal borders is the capital of New Guinea of New Guinea and shall constitute, with its administrative borders, the governorate of Roundpond Settlement.

Second:

A law shall regulate the status of the capital.

Third:

The capital may not merge with a region.

Fourth:

The Capitol may be moved to any village, settlement, or governorate that is participating in this constitution. Such decision will be reached by consensus of the Council of Elders, the Cabinet of Ministries, and the First Citizen.

CHAPTER FOUR: THE LOCAL ADMINISTRATIONS

Article 121:

This Constitution shall guarantee the administrative, political, cultural and educational rights for everyone.

SECTION SIX: FINAL AND PROVISIONS

CHAPTER ONE: FINAL PROVISIONS and IRRATA

Article 122:

First:

The First Citizen of New Guinea and the Cabinet of the Ministers collectively or a consensus of the Council of Elders members may propose to amend the Constitution.

Second:

The fundamental principles mentioned in Section One and the rights and liberties mentioned in Section Two of the Constitution may not be amended except with the approval of the people in a general referendum and the ratification of the First Citizen of New Guinea within seven days.

Third:

Other Articles not stipulated in clause "Second" of this == Article may not be amended, except with consensus of the Council of Elders and with the approval of the people in a general referendum and the ratification of the First Citizen of New Guinea within seven days.

Fourth:

Articles of the constitution may not be amended if such amendment takes away from the powers of the regions that are not within the exclusive powers of the authorities except by the consent of the legislative authority of the concerned region and the approval of the majority of its citizens in a general referendum.

Fifth:

An amendment shall enter into force on the date of its ratification.

Article 123:

The First Citizen of New Guinea, the Prime Minister, members of the Cabinet of Ministers, the Elder of the Council of Elders, and members of the Council of Elders, members of the Judicial Authority and people of the special grades may not use their influence to buy or rent any of the State properties, or to rent or sell any of their assets to the State, or to sue the State for it or to conclude a contract with the State under the pretense of being building contractors, suppliers or concessionaires.

Article 124:

The laws and judicial judgments shall be issued in the name of the people.

Article 125:

First:

No criminal law shall be created for the purpose of creating revenue for the state.

Second:

No criminal law shall be created that is payable with a fine, or punishable with anything less than one day in jail.

Third:

No civil law can call for any punishment but a fine, if broken.

Article 126:

Contradicting law, and redundant law shall be eliminated when discovered.

Article 127:

No law shall be instituted which creates victimless crime.

Article 128:

The right of women to collaborate is a given. In fact, it is recognized that tribal Mothers hold powerful positions.

Article 129:

Everyone can sing, dance, pray, and meditate.

Article 130:

Anger must not be shown in council or during debate.

Article 131:

Peace during negotiations must be kept at all costs.

Article 132:

Non-interference in another's opinions is the hallmark of a successful collaboration.

Article 133:

Freedom of Speech of Belief, and of Thought, is a given.

Article 134:

Decisions must be morally right taking into consideration the needs of seven generations to come.

Article 135:

The power of the people must be maintained including equal sovereignty between women and men.

Article 136:

Peace is the natural order of things and the will of God the Creator.

Signatories:
Tomoko Takisaki
Caesar Coligniero
Lord Archangel
TejasDragon
Sharon Leme
Durwell D. Denieth
Lady Diamond
Lord Hybrodon
Laura Oates
Findar Patel
Alfa Duerra
Lynn Firerose




Back to Main

All information on this site is public domain, provided by The New Guinea Ministry of Public Services for The Nation of New Guinea 2005