Redefining Environmental Protection: The Case for ‘Concentric Constitutionalism’ in Papua New Guinea
As global debates over environmental law shift between anthropocentric models—which view nature through the lens of human utility—and ecocentric models, which grant nature independent legal personhood, Papua New Guinea (PNG) is being urged to look inward to its own constitutional roots. A new legal framework, termed concentric constitutionalism, offers a uniquely indigenous path toward the sustainable management of the nation’s natural resources.
Beyond Global Environmental Paradigms
Current international legal frameworks, such as those influenced by the 1972 Stockholm Conference, remain largely anthropocentric, treating the environment primarily as a resource to be managed for human consumption. Conversely, a growing global movement is championing “ecocentric” laws, exemplified by New Zealand’s granting of legal personhood to the Whanganui River. While this approach protects the environment for its own sake, it has been adopted by only a handful of nations, including Ecuador, Bolivia, and Panama.
However, scholars argue that neither model fully captures the complex relationship between the people of PNG and their environment—a bond forged over 50,000 years of habitation.
The Concentric Framework
Rooted in the wisdom of The Melanesian Way, a seminal text by the late Bernard Narokobi, and the National Goals and Directive Principles (NGDP) of the PNG Constitution, the concept of “concentric constitutionalism” posits that natural resources must be managed through an ecosystem of five interconnected, non-hierarchical rings:
- The Individual: At the core, development must prioritize the “integral human development” of every citizen.
- The Family: Recognized as the fundamental unit of Melanesian society.
- The Village: A dynamic, cultural, and political unit that serves as an organ of civilization.
- The Land: Far from “real estate,” land is viewed as “real life,” housing the spirits of ancestors and the history of the people.
- The State: The outermost ring, responsible for the delicate task of balancing these competing interests through law, policy, and adjudication.
Unlike a linear or hierarchical system, these rings share a common center, requiring regulators to weigh the impact of any resource extraction on all five entities simultaneously.
A Call for Legal Reform
The author of this proposal, presented at the recent LAWASIA conference in Port Moresby, argues that this framework demands immediate, practical changes to how Papua New Guinea governs its natural wealth:
- Holistic Regulation: The Environment Act 2000 should be redrafted to ensure project approvals are not based solely on environmental impact assessments, but also on the social and cultural consequences for individuals, families, and villages.
- Legal Standing for Villages: Communities should be granted legal recognition as distinct political and cultural entities, allowing them to advocate for their interests directly in resource-related legal proceedings.
- Substantive Limits on Development: Courts should treat the constitutional requirement to preserve the “sacred, scenic and historical” qualities of the land as a substantive limit, providing the legal authority to refuse development that threatens these intrinsic values.
A Path Forward
Rather than rushing to adopt foreign models of environmental personhood, proponents of concentric constitutionalism argue that PNG possesses the necessary tools within its own Constitution to protect its future. By embracing a model of dialogue and patience that honors the interconnectedness of its people and their land, Papua New Guinea can achieve the “wise use” of resources that its founders envisioned for both current and future generations.
