| 词条 | Draft:West Papua State Constitution |
| 释义 |
ARRANGEMENT OF ARTICLES CHAPTER 1 – THE STATE AND SOVEREIGNTY1. Republic of West Papua 2. Constitution supreme law 3. National and official languages 4. Citizenship 6. The electoral franchise and political parties CHAPTER 2 — FUNDAMENTAL RIGHTS & DUTIES7. Fundamental rights and freedoms of the individual 8. Enforcement of fundamental rights CHAPTER 3 — INDIGENOUS RIGHTS & LAW11. Inherent Rights and Sovereign Powers of Indigenous West Papuan’s 12. Customary law CHAPTER 4 – PARLIAMENT13. Parliament 14. Power to make laws 15. Election of members of Parliament 16. Electoral Commission 17. Principal Electoral Officer 18. Functions of Electoral Commission and Principal Electoral Officer 19. Procedure of Parliament 20. Speaker and Deputy Speakers 21. Committees 22. Proceedings to be public 23. Public finance 24. Ratification of treaties 25. Privileges of members 26. Life of Parliament CHAPTER 5 – NATIONAL COUNCIL OF CHIEFS27. National Council of Chiefs 28. Functions of Council 29. Organisation of Council and role of chiefs 30. Privileges of members of Council CHAPTER 6 – NATIONAL CHIEF31. National Chief of the Republic 32. Election of National Chief 33. Qualifications for election as National Chief 34. Term of office and removal of National Chief 35. Speaker to act as National Chief 36. National Chief powers of pardon, commutation and reduction of sentences CHAPTER 7 – THE EXECUTIVE37. Executive power 38. Council of Ministers 39. Election of Prime Minister 40. Appointment and removal of other Ministers 41. Collective responsibility of Ministers and votes of no confidence 42. Termination of office of Ministers 43. Other times when a Minister ceases to hold office 44. Ministers to remain members of Parliament CHAPTER 8 – JUSTICE45. The Judiciary 46. The Judicial Service Commission 47. The High Court, the Chief Justice and other judges 48. Appeals from High Court to Court of Appeal 49. Ascertainment of rules of custom 50. Village and island courts 51. Application to High Court regarding infringements of Constitution 52. Election disputes 53. Public Prosecutor 54. Public Solicitor CHAPTER 9 – ADMINISTRATIONPart I – The Public Service55. Public servants 56. Exclusion of security of tenure in relation to political advisers and transfer of public servants 57. Membership of Public Service Commission 58. Functions of Public Service Commission Part II – The Ombudsman59. Ombudsman 60. Enquiries by Ombudsman 61. Findings of Ombudsman and reports 62. Right of a citizen to services in own language 63. Ombudsman not subject to direction or control CHAPTER 10 – LEADERSHIP CODE64. Conduct of leaders 65. Definition of a leader 66. Parliament to give effect to this Chapter CHAPTER 11 – EMERGENCY POWERS67. Emergency regulations 68. Period of and renewals of state of emergency 69. Effect of emergency regulations 70. Complaints to High Court concerning emergency regulations CHAPTER 12 – LAND71. Land belongs to custom owners 72. Basis of ownership and use 73. Perpetual ownership 74. National land law 75. Compensation 76. Disputes 77. Land transactions 78. Government may not own land CHAPTER 13 – DECENTRALISATION80. Legislation for decentralization 81. Local Government Councils CHAPTER 14 – AMENDMENT OF THE CONSTITUTION82. Bills for amendment of Constitution 83. Procedure for passing Constitutional amendments 84. Amendments requiring support of referendums CHAPTER 15 – TRANSITIONAL PROVISIONS85. First National Chief of the Republic 86. First Prime Minister and other Ministers 87. First Parliament 88. Existing offices 89. Judges of the High Court 90. Rights, liabilities and obligations 91. Electoral system 92. Legal proceedings 93. Existing law SCHEDULE 1 – Election of the National Chief of the Republic SCHEDULE 2 – Election of the Prime Minister CONSTITUTION OF THE REPUBLIC OF WEST PAPUAWE, the people of West Papua, PROUD of our struggle for freedom,DETERMINED to safeguard the achievements of this struggle,CHERISHING our ethnic, linguistic and cultural diversity,MINDFUL at the same time of our common destiny,HEREBY proclaim the establishment of the united and free Republic of West Papua founded ontraditional Melanesian values, faith in our Creator, and West Papuan principles,AND for this purpose give ourselves this Constitution.CHAPTER 1 – THE STATE AND SOVEREIGNTY1. Republic of West Papua(1) The Republic of West Papua is a sovereign democratic Nation State founded on — (a) indigenous tribal or customary law; (b) United Nations Declaration on the Rights of Indigenous Peoples; (c) Universal Declaration of Human Rights; (d) national unity; (e) respect for indigenous rights, freedom and the rule of law in harmonious alignment with indigenous customs; (f) an independent, impartial, competent and accessible system of justice; (g) equality for all and care for the less fortunate based on the values inherent in this section and in the section on Fundamental Rights; (h) human dignity, respect for all life, personal integrity and responsibility, civic involvement and mutual support; (i) good governance, including the limitation and separation of powers; (j) transparency and accountability; and (k) a prudent, efficient and sustainable relationship with nature. (2) National sovereignty belongs to the indigenous people of West Papua which they exercise through their elected representatives. [https://www.wipo.int/portal/en/index.html Full Public Constitution of West Papua State] [https://www.scribd.com/document/400000917/Constitution-of-State-Republic-of-West-Papua here] {{AFC submission|t||ts=20190221183133|u=K wells15|ns=118|demo=}} Referenceshttps://www.wipo.int/portal/en/index.html |
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