INTRODUCTION

As HR specialists/students , you should know what human rights (19) are covered in
our country’s constitution as stated in this presentation.
Also forwarded for your reference is a copy of our
Country’s Constitution.

PLEASE read and enrich your knowledge and understanding as

new HR Professionals and practice or enforce them gracefully as good citizens.

Luke Ambu - Lecturer

24.02.2022
19 DISTINCT HUMAN RIGHTS IDENTIFIED
UNDER PNG CONSTITUTION
• In the case, Helal Uddin v Solomon Kantha [2020] PGNC 83; N8267
(Cannings J), involved a Bangladeshi man who was transferred from
Australia to PNG in 2013 and held at the Manus Island Regional Processing
Centre. He had married a PNG citizen and had a child who was a PNG
citizen, yet the PNG government proposed to deport him. He applied to the
PNG National Court of Justice to stop his removal from PNG.

• As the man was not a PNG citizen, Cannings J listed in the following table
(and [49] of the judgement) each of the 19 distinct and individual rights in
the PNG Constitution and categorised them according to who are the
‘beneficiaries’ or ‘possessors’ of each right: either all persons in PNG or
PNG citizens only.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

1. Right to freedom s 32 Every person has the right to All persons in PNG
freedom based on law and
can do anything that does
not interfere with others
and is not prohibited by law.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

2. Right to life s 35 No person shall be All persons in PNG

intentionally deprived of
his or her life except by a
court sentence or by
reasonable force as
permitted by law.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

3. Freedom from s 36 No person shall be All persons in PNG

inhuman treatment submitted to torture or
cruel or inhuman
treatment.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

4. Protection of the s 37 Every person has the right All persons in PNG
law to the full protection of the
law, especially persons
charged with offences.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

5. Protection from s 41 Any act that is done under a All persons in PNG
unlawful acts valid law but in the particular
case is harsh or oppressive or
otherwise proscribed by s
41(1) is an unlawful act.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

6 Right to s 42 No person shall be deprived of All persons in PNG

personal liberty his or her personal liberty
except in circumstances
permitted by the Constitution.
No person can be unlawfully
arrested or detained.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

7. Freedom from ss 43, No person shall be All persons in PNG

forced labour 253 required to perform
forced labour except in
circumstances permitted
by the Constitution.
Slavey is strictly
prohibited.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

8. Freedom from s 44 No person shall be subjected to All persons in PNG

arbitrary search the unreasonable search of his or
and entry her person or property or to
unreasonable entry of their
premises except in circumstances
permitted by the Constitution.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

9. Freedom of s 45 Every person has the right to All persons in PNG

conscience, freedom of conscience, thought
thought and and religion and to practise and
religion propagate their religion and
beliefs, subject to the regulation
or restriction of these rights in
accordance with the Constitution.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

10. Freedom of s 46 Every person has freedom to hold All persons in PNG
expression opinions, to receive ideas and
information and to communicate
ideas and information and to
express and publish their opinions
and ideas, subject to the regulation
or restriction of these rights in
accordance with the Constitution.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

11. Freedom of s 47 Every person has the right to All persons in PNG
assembly and peacefully assemble and
association associate and to form or belong
to, or not to belong to, political
parties, industrial organizations
or other associations, subject to
the regulation or restriction of
these rights in accordance with
the Constitution.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

12. Freedom of s 48 Every person has the right to All persons in PNG
employment freedom of choice of employment
in any calling for which he or she
has the qualifications lawfully
required, subject to the regulation
or restriction of these rights in
accordance with the Constitution.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

13. Right to privacy s 49 Every person has the right to All persons in PNG
reasonable privacy in respect of
the private and family life, their
communications with other
persons and their personal
papers and effects, subject to
the regulation or restriction of
these rights in accordance with
the Constitution.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

14. Right to vote and s 50 Every citizen who is of full capacity PNG citizens only
stand for public and has reached voting age has the
office right and shall be given a
reasonable opportunity to take
part in the conduct of public affairs,
either directly or through freely
chosen representatives and to vote
for, and to be elected to, elective
public office at genuine, periodic,
free elections and to hold public
office and to exercise public
functions.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

15. Freedom of s 51 Every citizen has the same rights, PNG citizens only
information privileges, obligations, and duties,
irrespective of race, tribe, place of
origin, political opinion, colour,
creed, religion or sex.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

16. Freedom of s 52 No citizen may be PNG citizens only

movement deprived of the right to
move freely throughout
the country, to reside in
any part of the country
and to enter and leave
the country; and citizens
cannot be expelled or
deported except in
accordance with
the Constitution.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

17. Protection from s 53 Possession may not be compulsorily PNG citizens only
unjust taken of any property, and no interest
deprivation of in or right over property may be
property compulsorily acquired, except in
accordance with an Organic Law or an
Act of the Parliament that provides
just compensation and meets other
constitutional requirements.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitution Details Beneficiaries/

provision Possessors

18. Right to equality s 55 Every citizen has the same rights, PNG citizens only
privileges, obligations, and duties,
irrespective of race, tribe, place of
origin, political opinion, colour,
creed, religion or sex.
HUMAN RIGHTS IN PAPUA NEW GUINEA
CATEGORISED ACCORDING TO BENEFICIARIES/POSSESSORS

No Description Constitutio Details Beneficiaries/

n provision Possessors

19. Right of s 57 All rights and freedoms are enforceable All persons in PNG
enforcement in the Supreme Court and the National
Court.