Category Referendum

Mar 28 2015

Momis Speech : Bougainville’s preparation for a referendum on our future political status

Challenges of Implementing the Bougainville Peace Agreement / Jo

“There is considerable international community interest in the preparations necessary for the referendum. In particular, the United Nations was requested last year to undertake a scoping visit to assess what its roles might be in supporting both the 2015 elections, and the referendum. The UN scoping team visited Port Moresby and Bougainville in February, and has recently provided a report to both governments, highlighting important issues about the work required, and proposing important roles that the UN can play in preparations for and conduct of the referendum.

I know all Bougainvilleans will support and welcome the close involvement of the UN as we continue to implement the Peace Agreement provisions on the referendum”

HON. CHIEF JOHN MOMIS PRESIDENT

AUTONOMOUS REGION OF BOUGAINVILLE  HOUSE OF REPRESENTATIVES

 STATEMENT TO THE HOUSE THURSDAY 26 MARCH 2015

 PREPARATIONS FOR THE REFERENDUM  ON BOUGAINVILLE’S FUTURE POLITICAL STATUS

Mr. Speaker:

I rise to make a brief statement about a matter of the greatest importance to Bougainville.

As we all know, the Bougainville Peace Agreement, which was given effect by amendments to the National Constitution, and the making of the Bougainville Constitution, guarantees that Bougainvilleans can vote in a referendum on the future political status of Bougainville. That referendum must include the “choice of a separate independence for Bougainville”.

This is a momentous choice. Very few people’s anywhere in the world have the opportunity for a referendum on their self-determination. The Peace Agreement has been a remarkable achievement for all Bougainvilleans.

The referendum must be held between mid-2015 and mid-2020. In other words, it must be held sometime during the term of the next ABG House.

I am making this short statement mainly to inform this House, and through you, the members of the House, about progress made under this, the second ABG House, in making the necessary preparations for the referendum.

The referendum is the third of the three pillars of the Bougainville Peace Agreement to be implemented. Considerable progress has been made on implementation of the other two pillars. As we all know, those two pillars are weapons disposal and autonomy.

With weapons disposal, the UN mission in Bougainville supervised the weapons disposal process, from 2001 to 2005. Until mid-2003 the UN was assisted by the PMG. Almost 2,000 weapons were handed in by former combatants.

With autonomy, there has also been considerable progress. We have together made the Bougainville Constitution, established our own institutions of Government, held elections for two ABG Houses (one from 2005 to 2010, and one from 2010 to 2015). Transfer of powers to the ABG started slowly, with the first requests for transfer made by President Kabui in 2006. During this, the second House, the progress with transfer has speeded up. We have taken over many new powers, and made new Bougainville policies and laws on a number of important subjects. From 2014, they have included establishing a separate Bougainville Public Service, a separate Bougainville public finance management system, and our own mining laws.

Though we have taken great strides with both weapons disposal and autonomy, there is still work to be done to maintain and keep building both pillars. And much of that remaining work on those pillars is closely related to the third pillar – the referendum on independence. I will come back to those issues, and clarify the relationship of weapons and autonomy to the referendum, at the end of this statement.

Mr. Speaker:

The Bougainville Peace Agreement was negotiated between June 1999 and August 2001. Although all aspects of the referendum that we could properly deal with then were covered in the Agreement, some significant issues could not be resolved at that time. They were deliberately left till later consultation and negotiations between the two governments.

I will outline some of the most important of those issues still to be decided. But before doing so, I must emphasise that it was because there are so many referendum issues to be dealt with, that more than three years ago, my Government took up the issue of referendum preparations in the JSB. As a result, a Joint Referendum Working Group was established. It has been working ever since, and it reports regularly to the JSB.

The ongoing work of that Joint Referendum Working Group has already assisted the JSB to make a decision, in 2014, on one of the most important issued that was deferred by the Peace Agreement. That was the issue of the agency, or body, that will conduct the referendum. The Peace Agreement and the National Constitution provided several options. Last year, the ABG and the National Government agreed that the referendum should be conducted by a completely independent institution, operating under a Charter that must be agreed between the two governments.

Perhaps the most critical issue that was deferred by the Peace Agreement was the decision on when the referendum will be held – the date of the referendum. It was agreed, however, that it could be no earlier than 10 years after the ABG was established, and no later than 15 years. It was also agreed that the date within that 5 year window would be agreed between the ABG and the National Government.

In consulting about the date, the two governments are required to take account of:

“whether:

  1. weapons have been disposed of in accordance with the Agreement; and
  2. … it has been determined that the Bougainville Government has been and is being conducted in accordance with internationally accepted standards of good governance.”

It is very clear from the wording of the Agreement and of the National Constitution that these matters are to be considered only for the purposes of setting the date within the five year period ending mid-2020. Issues about weapons and good governance cannot in any way be used to delay the referendum beyond mid-2020.

Because the decision on the date was deferred, that is going to be one of the most important matters that the third ABG will need to consult about and agree with the National Government. I have already begun the discussions on the issue with Prime Minister O’Neill, suggesting that 2019 should be considered. But as yet there has not been a decision on the issue.

Many other aspects of the referendum arrangements must also be agreed between the two governments. Perhaps the three most important aspects that will need to be resolved are:

  • The wording of the question, or the questions, that will be asked in the referendum – but I emphasise that whatever is decided, the Peace Agreement and the Constitution are clear that the “choice of separate independence for Bougainville” must be included.
  • The Charter for the agreed independent agency (which will spell out the duties and responsibilities of the agency, for those have not yet been defined); and
  • The qualifications for enrolment to vote in the referendum for Bougainvilleans not resident in Bougainville.

The most important issue of all has also been deferred, till after the referendum. That is the decision on implementation of the decision of the referendum. Under the Peace Agreement, the two governments are also required to consult about that. But the compromise on the referendum made in 2001 was that power to make the final decision on implementation rests with the National Parliament.

Mr. Speaker,

Clearly, there are many significant issues about:

  • the preparations for,
  • conduct of, and
  • implementation of,

the referendum that will have to be negotiated.

In addition, because neither the National Government nor the ABG has any experience of the conduct of referendums, there are many aspects of practical arrangements for the conduct of the referendum that will have to be decided jointly.

The two governments agreed last year on obtaining a report from an administration expert on the streams of work that will be needed to prepare for decisions on the major issues I’ve mentioned, as well as on more general administrative preparations for the referendum. The report was prepared in October, in close consultation with the two governments. It identified seven major work streams. In summary they are:

  1. Close consultation with the people of Bougainville and PNG, and the two governments, so that they can participate in decision making about the referendum;
  2. Weapons disposal assessment (important in terms of setting the referendum date, as well as for other reasons I will mention later in this statement);
  3. Determining the criteria for enrolling non-resident Bougainvilleans on the voters roll for the referendum;
  4. Good governance assessment (also important for setting the date, as well as for other reasons);
  5. Determining the referendum question or questions;
  6. Establishing the independent agency to conduct the referendum, and providing the funding needed to conduct the referendum;
  7. Review of the constitutional provisions for the conduct of the referendum.

The report recommended setting up a joint secretariat of the two governments to oversee the implementation of those seven work-streams. No decision has yet been made on that issue.

At the recent meeting of the JSB in Arawa on 13 March, the two governments noted the report, and agreed to meet to decide on the issues of the date of the referendum, and the charter for the independent agency to conduct the referendum, as well as other milestones for the conduct of the referendum.

My Government has also moved to establish our own structures to oversee preparations for the referendum. In 2014, we established an ABG Ministeral committee to provide oversight, direction and monitoring of referendum preparations. It will need to liaise closely with the counterpart committee established by the National Parliament.

Then in January 2015 the BEC approved the establishing of the ABG Office Bougainville Referendum  to oversee referendum preparations on behalf of the ABG. Its mandate is to:

  • Coordinate and implement ABG policy on the referendum;
  • Liaise with the National Government and development partners on referendum preparations;
  • Coordinate awareness-raising and communications for the referendum, and provide support to referendum sub-committees as may be established;
  • Develop and manage on behalf of the President and BEC, a work plan for the referendum arrangements;
  • Identify resource needs and report to BEC.

It is now vital that this new Office receives the support, especially resources and staff, necessary to carry out its import work. In the very near future, it must begin work on:

  • Consulting Bougainvilleans on options for the question or questions to be asked in the referendum, inclusive of independence;
  • Defining options on the links non-resident persons will need to be regarded as Bougainvilleans for the purposes of enrolment for voting in the referendum;
  • Reviewing the Rules for the Conduct of the Referendum agreed in 2001 and incorporated into the Organic Law on Peace-building in Bougainville, and in doing so taking account of experience in the conduct of the three ABG general elections (2005, 2010 and 2015) and the 2008 Presidential by-election;
  • Developing and implementing a general awareness campaign for Bougainvilleans on the process of, preparations for and issues in the referendum

Mr. Speaker:

There is considerable international community interest in the preparations necessary for the referendum. In particular, the United Nations was requested last year to undertake a scoping visit to assess what its roles might be in supporting both the 2015 elections, and the referendum. The UN scoping team visited Port Moresby and Bougainville in February, and has recently provided a report to both governments, highlighting important issues about the work required, and proposing important roles that the UN can play in preparations for and conduct of the referendum.

Mr. Speaker:

I know all Bougainvilleans will support and welcome the close involvement of the UN as we continue to implement the Peace Agreement provisions on the referendum.

So, Mr. Speaker:

While there is much to be done, important steps have been made. Much more will need to be done by the ABG after the election. Indeed, it is no exaggeration to say that negotiations about referendum preparations will be one of the most important responsibilities of the third ABG, taking office in June 2015.

Mr. Speaker,

Those responsibilities will include making strenuous efforts to continue achieving progress in relation to both weapons disposal and good governance. Progress on those matters is important in at least four distinct but also closely connected ways.

First, they are important in setting the date for the referendum, between 2015 and 2020. Disagreement between the governments on our weapons disposal status or good governance could push the date back towards mid-2020. But of course, such disagreement cannot delay the referendum after mid-2020.

Second, weapons and good governance will be very important in determining whether the referendum is “free and fair”. Under the Peace Agreement, we have all committed to a free and fair process. There is provision for international observers to be involved. If weapons are available and in use, and if the ABG does not provide good governance, for example in the form of law and order, there are serious risks that observers will decide the referendum is not free and fair.

Third, when the National Parliament comes to make its decision on implementation of the referendum outcome, it can decide what issues it takes into account in making its decision. If there are serious weapons disposal and good governance issues, they will be free to argue that it will not be safe for the people of Bougainville if independence is considered.

Fourth, and finally, the international community will be watching closely. When Australian Foreign Minister, Alexander Downer, persuaded the Bougainville leaders in late 2000 to make a compromise on their position that the referendum vote be binding on the National Government, he indicated that the international community would support implementation of a free and fair referendum with a clear outcome. The truth is that we may need to rely on international community support at that time. So we Bougainvilleans need to make sure issues about weapons and good governance result in loss of international community support.

Mr. Speaker:

There is clearly still much to be done to prepare for the referendum. But an important start on make preparations for this momentous decision-making process has been made in the five years this House has been in office.

All of us here look forward to seeing the steps being made by the new, 3rd House, President, and BEC, taking office in June, as they take the major next steps towards the conduct of the referendum.

I thank all those who have contributed to the progress we have made so far.

The referendum will involve the single most important joint and democratic decision ever made by Bougainvilleans.

I call on all members of this House and all Bougainvilleans, whether resident in Bougainville or living elsewhere, to work together to ensure that the referendum is a complete success, and provides a secure foundation for the future of Bougainville.

 

Thank you, Mr. Speaker.

 

 

 

 

 

 

 

 

Mar 26 2015

Bougainville News: Press Release and Full Speech : NEW MINING LAW A REJECTION OF THE PAST: MOMIS

Momis

 “True autonomy, or true independence, will only come when we have our own sources of revenue, capable of providing the best possible services to our people”

President Momis

The Autonomous Bougainville Government passed a new ‘long-term’ Bougainville Mining Law on Thursday 26 March 2014. In his second reading speech in the Bougainville Parliament on Wednesday, the President spoke of the ‘misery, destruction and conflict’ caused for Bougainville by colonial mining law. He said that in passing the new law Bougainville was ‘rejecting that terrible past’.

He said that the under new law, ‘the rights and the needs of the owners of the minerals will be given the highest level of protection.  In particular, the owners will have power to stop either or both exploration on their land, or the grant of a mining licence over their land.’

He went on to say that if Bougainville landowners do allow mining development ‘they will be entitled to rents and compensation, a share of royalties, proper treatment under resettlement plans and programs, preference in mining employment and business related opportunities, 5 per cent free equity ownership in the mine lease holder, and much more’.

The President also noted that:

‘The Bill also encourages direct participation of Bougainvilleans in the mining industry. … Only Bougainvilleans can do small scale or artisanal mining, under community mining licences and artisanal mining licences. We encourage small-scale mining, for we have abolished restrictions in PNG law that mean most small-scale mining is illegal. There is also provision allowing companies controlled by landowners to apply for exploration licences over land owned by those landowner’s. These are new directions for mining law in Bougainville.’

President Momis also stated that because ‘the ABG is the government of all Bougainvilleans’ the law had to ‘balance the rights and needs of mineral rich landowners with protecting the interests and rights of all other Bougainvilleans. Any kind of mining, and especially large-scale mining, has impacts on other Bougainvilleans.’

He stated that the law also offered protections and benefits to people outside the mine area likely to suffer environmental and social impacts. He said: ‘But in a place as small as Bougainville, where our communities are so closely connected, large mines have impacts on every part of the Region.’ As a result, it would be the responsibility of the ABG to look after impacts on all peoples. This would include ensuring that there was a spread of economic benefits, for inequitable development, where just landowners with minerals became wealthy, would only cause divisions and conflicts.

The President also explained that the new law is not about Panguna, or BCL. ‘Rather it’s a law about the future of the whole of Bougainville.’ He said the ABG is considering allowing large-scale mining again is because of its need for revenue. He said: ‘We lack even the most basic acceptable standards in essential services, like health and education. We lag behind the rest of the world. Without significant ABG revenue, that situation will never change.’

He said he wanted ‘the best possible hospitals, health centres, early childhood centres, schools, universities, technical education centres …  clean power, like hydro, and good roads to all accessible areas, good shipping services. These things are the essential basics for us gradually developing a sustainable economy where all share in benefits

It was difficult to find the the money needed for such things, he said: ‘Right now we Bougainvilleans are not much better than beggars. We beg for our entitlements from the National Government. We beg and cajole the donors.

‘True autonomy, or true independence, will only come when we have our own sources of revenue, capable of providing the best possible services to our people.

‘It is an unfortunate truth that .. the only way any of us can see of generating this revenue is mining. But we need to approach this with great care. Mining itself is not a sustainable activity, as the minerals are a finite resource, and once they are gone they are never replaced. So the key will be to use the mining revenue wisely, to promote and generate sustainable economic growth.

This is why it will be essential to invest in health, education, clean power, and good transport.

The President went on to say that he had ‘no idea if BCL will return. … BCL’s parent company, Rio Tinto, is in the process of undertaking a review of its investment in BCL. It’s entirely possible Rio will decide to walk away from that investment. If that happened, we would have to look at other options.

‘But our options with mining are not limited to Panguna. There are many difficulties involved when considering re-opening Panguna. There are divisions about the issues involved. There are high expectations about compensation and related issues. And if demands of this kind are too high, the project will not be economic. So at this stage, the ABG does not know whether Panguna will ever re-open.But we also know that there are leaders and communities in other parts of Bougainville that want mineral exploration. And as always, my government remains ready to talk to such areas.

He said that the ABG is not focused solely on large mines is instead strongly  supporting  small-scale mining. An innovative system of Community Mining Licences administered by COEs and VAs is directed to encouraging Bougainvilleans to generate their own revenues, but also to mine in ways that are safe for their health, and for the environment.

Chief John. L. Momis

SECOND READING SPEECH

A BILL FOR AN ACT ENTITLED

BOUGAINVILLE MINING ACT 2014

HON. CHIEF JOHN MOMIS

PRESIDENT

Mr. Speaker:

I rise to speak about this Bill, which is the result of very intense effort by my Government over the whole five years we have been in office.

It is an historic Bill.

In passing this Bill, we, the people of Bougainville will turn our backs on more than 50 years of injustice in mining law that began when vast deposits of copper and gold were discovered in central Bougainville.

Mr. Speaker, it was only 50m years ago that we were told that we were not really owners of our land. The colonial Government and CRA told us we only had rights over the surface of our land. If there was anything in the land that they thought was valuable, they could push us off our land without our agreement, take what they wanted, and destroy the land, leaving a huge hole.

In the 1960s, as planning for a huge mine proceeded, the Australian Minister for External Territories – Charles Barnes – was asked what the ‘natives’ would get from the mine, he said “Nothing”. But he was wrong. In the end we got misery, destruction and – ultimately – conflict.

Mr. Speaker

With our new Mining Bill, we are completely rejecting that terrible past.

The Bill recognises that all owners of customary own all minerals in, on or under their land. More importantly, the Bill gives special powers, rights and protections to such owners. It also recognises that people in areas for tenements associated with a mining lease must be given special recognition because of the impacts a mine is likely to have on them.

The rights and the needs of the owners of the minerals will be given the highest level of protection.  In particular, the owners will have power to stop either or both:

exploration on their land, or

the grant of a mining licence over their land.

To illustrate the nonsense, I’ll simply list just a few of the most completely wrong statements about the Bill that the Petition contains, and answer them:

An amazing amount of nonsense has been spoken by the very few people that have opposed this Bill. Nowhere has there been more nonsense than in a Petition supposedly prepared on behalf of some people from Tinputz.

Mr. Speaker:

Only Bougainvilleans can do small scale or artisanal mining, under community mining licences and artisanal mining licences. We encourage small-scale mining, for we have abolished restrictions in PNG law that mean most small-scale mining is illegal. There is also provision allowing companies controlled by landowners to apply for exploration licences over land owned by those landowner’s. These and related provisions are new directions for mining law in Bougainville.

The Bill also encourages direct participation of Bougainvilleans in the mining industry. It does this in many ways.

Mr. Speaker:

If they later grant permission for development, they will be entitled to rents and compensation, a share of royalties, proper treatment under resettlement plans and programs, preference in mining employment and business related opportunities, 5 per cent free equity ownership in the mine lease holder, and much more.

If they grant permission for exploration, they will be entitled to rents and compensation.

It says the landowners are stripped of their powers and have no rights.

But in fact, owners have more rights and powers under this Bill than landowners anywhere in the world. In particular they have an absolute power to prevent exploration and mining on their land.

The petition claims that landowners are subjected to criminal penalties under the Bill, and that mining corporations are not subject to such offences and penalties.This is completely wrong. Offences are not directed specifically at landowners.Companies face huge penalties for a wide range of offences, including such things as failure to pay compensation, rents or royalties. And that is right and just.The petition complains about a criminal offence about withdrawing survey pegs. But that should not be a problem for landowners under our law, because they have an absolute right to refuse permission for exploration or mining licenses. If they refuse, there will be no survey pegs. If they agree to licenses, most will want to see the survey pegs, because it will be those pegs that will define the areas that receive rents, equity, compensation, royalties, and so on.There is a world of difference here that the person writing the petition simply ignores.

The Petition says that ‘without the people’s consent’ that ‘the Moratorium has been lifted’ by the Bill.That is completely untrue! In fact the Bill specifically maintains the Moratorium imposed on Bougainville since 1971. The National Mining Act says such a Moratorium can be imposed, or lifted, by the PNG Minister for Mining. But under our Bill, it will remain unless lifted by the whole BEC. Not only that, but the proposal to lift this House will first have to be given the opportunity to debate the proposal to lift it.This is intended to ensure that in future there is full transparency in major decisions about mining. That is an approach built in throughout the Bill.

 

The Petition complains that there are lots of PNG laws that will still apply in Bougainville that will affect mining.Perhaps the person who prepared the petition is not aware that we are still building autonomy. So drawdown of powers from PNG is still continuing. But some of the National laws the petition says are still applying have in fact been drawn down – for example, the author of the petition is clearly ignorant of the fact that the PNG Public Finances Act has been replaced by a Bougainville law. That person is apparently also unaware that we are in the process of drawing down other powers that the petition complains about – especially those covered by PNG laws on the Environment, and Mining Safety.

The petition says making land available for reconnaissance licenses, exploration licenses and other mining licenses breaches customary law.But in fact, by giving all customary landowners the right to refuse access to their land for any such license, the Bill fully respects, supports and endorses customary law.

Mr. Speaker, There is much else I could say about the inaccuracies in the petition. But I will not waste any time on this nonsense.Mr. Speaker:My Minister for Mining, Hon. Michael Oni, has already talked about the long history of development of this Bill. It goes back to the time of President Kabui, and has involved many steps, including the Transitional Arrangements Act. But at all stages we have been committed to recognition of ownership, and on protecting rights of landowners.

Mr. Speaker, At the same time as protecting landowners where minerals are located, the ABG is not just the government of the owners at Panguna – or the owners of large mineral ore bodies wherever they are later found in other small areas of Bougainville, like Tinputz or Sinimi or Eivo.No – the ABG is the government of all Bougainvilleans. So we must balance the rights and needs of mineral rich landowners with protecting the interests and rights of all other Bougainvilleans. Any kind of mining, and especially large-scale mining, has impacts on other Bougainvilleans.

The biggest impacts are usually felt by people in neighbouring areas. They include environmental and social impacts. But in a place as small as Bougainville, where our communities are so closely connected, large mines have impacts on every part of the Region. We all know how climate change is caused by emissions of greenhouse gases. Well – depending on how mining is carried out, it can contribute heavily to such emissions. For example, in BCL’s 2012 order of magnitude study, they propose that if BCL is to come back to Panguna, the huge power supply for the mine should come from a coal-fired power station. The reason is that coal would be cheap for BCL. But burning coal would result in significant greenhouse gas emissions.

So we would be contributing to sea level rise, at a time when our atolls face being lost to ocean-level rises.So the ABG opposes coal fired electricity generation. Instead, we support rapid development of clean energy. That could involve hydro, geo-thermal and tidal or wave powered generators. Hydro power generation projects are under way. But we need much more of this so that if large-scale mining resumes, it’s done in ways that minimise environmental impacts.Other impacts that large mines can have include the social and cultural impacts of the presence of large numbers of people from outside Bougainville. We must control mining in ways that manage those impacts.Because all of our people feel such impacts, it is vitally important that it is the ABG that manages the overall system for permitting exploration for and development of minerals. It can make sure that what benefits mineral landowners does not have excessive negative impacts on others.One of the ways in which the Bill seeks to deal with such issues is imposing a strict limit on the number of large-scale mines that can operate in Bougainville at any one time. There can be no more than two. Any more than this would cause unmanageable impacts. The ABG must also ensure that there is some equity in distribution of the income generated by large-scale mining. If all income went just to minerals landowners, and all other people missed out, we would rapidly develop great inequality amongst Bougainvilleans. And great inequality is a recipe for violent conflict. So it is in the interests of all Bougainvilleans that there is equity in distribution of mineral revenue.The Bill aims for equitable distribution by allocating royalties not just to landowners, but also to development of the whole of Bougainville, and to a special health and education fund.

Mr. Speaker:

Finally, I must talk a little about the amendments that the Government will be moving in the next stage of debate on the Bill – the Committee stage, which will occur tomorrow.The BEC has already approved five proposed amendments, notice of which has already been given to all members.

Mr. Speaker:       The fourth amendment is to correct an error in the draft concerning the term of the Exploration Licence that the Transitional Arrangements Act vested in BCL, over the area of the former SML. The term of the license in the Act was 2 years, but the Bill mistakenly says 5 years. That error will be corrected by the proposed amendment to section 367(3), making the term just 2 years, and from 8 September 2014.

Mr. Speaker  Before I finish my comments, I must emphasise that we are only just beginning in the process of taking full control of mining powers in Bougainville. There is still much to be done. As the Minister rightly says, YUMI BRUKIM BUS. As we implement the new law, we will find things that need improving. I am sure that there will be a need to make amendments, and regulations under the Bill. That is one of the best things about autonomy – we are now in control of mining, and can make the changes we think are necessary.Mr. Speaker, Finally, I congratulate the Minister and his Department, as well as all the other ABG agencies that have worked so hard to fulfil the directions that the Bougainville Executive Council has been giving them over the past several years about developing the best possible mining policy and law for Bougainville.I, too, commend the Bill to the House.

Mr. Speaker

The proposed amendment to section 269 is intended to make it clear that all small-scale mining allowed under section 4 of the Transitional Arrangements Act will continue to be permitted under the Bill during an 18 month period while the ABG Mining Department sets up the arrangements for operating the new community mining licence system.

The fifth amendment concerns small-scale mining. Under the PNG Mining Act most small-scale mining is illegal unless done in or close to a river bed (alluvial mining), on a miners own land, and without mechanisation. Section 4 of the Transitional Arrangements Act 2014 rejected that, and made small-scale mining legal, if done on the miner’s own land, or on other people’s land with the permission of the owners.

 

Mr. Speaker,

On close examination of section 112, it became evident that in most cases of transfer of shares in a company holding an EL the wording used would not permit action to withdraw an EL. The proposed amendment to section 112 would require action to withdraw an EL in such cases.

The current wording of section 112 was taken from the Bougainville Mining (Transitional Arrangements) Act 2014, which had in turn been taken from the PNG Mining Act 1992. It is intended to result in loss of an EL if the either the holder sells the EL, or if there is transfer of significant blocks of shares in a company that hold an EL.

The third amendment concerns section 112 of the Bill, that aims to prevent commercial dealings in an Exploration Licence (EL) in the 2 years after it is registered. Such provisions in mining laws aim to ensure that EL holders are serious about exploration and don’t just seek commercial advantage through trading in an EL.

Mr. Speaker:

The second proposed amendment involves section 46(2). It says that a geological survey area cannot be proposed over an area the subject of an Exploration Licence application made by a landowner-controlled company established under section 113 of the Bill. This amendment has been proposed by a group led by Mr. Sam Kauona. My Government supports the proposal, because it is consistent with the ABG policy of supporting direct landowner involvement in Bougainville’s mining industry.

Mr. Speaker:

The first proposed amendment concerns the coming into effect of the proposed Bougainville Mining Act 2015 after it is enacted. It will enable the Bill come be into effect while also giving the Minister power to direct that no applications for any tenements may be registered for a specified period. This will provide the time necessary for the Mining Department to set up tenement administration, while allowing other provisions of the Act to take effect.

Mr. Speaker,

Over time, too, we want to see small-scale Bougainvillean miners develop the skills and capacity to take on mining on a bigger scale, in larger areas, under Artisanal Mining Licences (which can cover up to 5 hectares and involve more expensive machinery than will be permitted under community mining licences). In the next ABG, if I am still President, we will aim to develop schemes that encourage small-scale miners to move towards getting artisanal mining licences.

Another critically important indicator of the fact that we are not focused solely on Panguna can be seen in the strong focus in this Bill on small-scale mining. Hon. Minister Oni has already spoken about the Community Mining Licences that will be administered by COEs and VAs. This is an innovative system, another world first, as far as we know, directed to encouraging Bougainvilleans to generate their own revenues. At the same time, the aim is to ensure that they do small-scale mining in ways that are safe for their health, and for the environment.

Mr. Speaker:

And to signal that our focus is not limited to Panguna, I am proposing now, here in this House, to change the name of the ABG Office of Panguna Negotiations. Instead in the future it should simply be the Office of Mining Negotiations, or something similar.

But we also know that there are leaders and communities in other parts of Bougainville that want mineral exploration. And as always, my government remains ready to talk to such areas.

So at this stage, the ABG does not know whether Panguna will ever re-open.

But our options with mining are not limited to Panguna. There are many difficulties involved when considering re-opening Panguna. There are divisions about the issues involved. There are high expectations about compensation and related issues. And if demands of this kind are too high, the project will not be economic.

AS for BCL and Panguna, I have no idea if BCL will return. Since we passed the Transitional Bill, in August 2014, BCL’s parent company, Rio Tinto, is in the process of undertaking a review of its investment in BCL. It’s entirely possible Rio will decide to walk away from that investment. If that happened, we would have to look at other options.

The Mining Bill is not a Mining Bill about Panguna, or BCL, or Rio Tinto. It’s a Bill about the future of the whole of Bougainville.

Mr. Speaker,

This is why it will be essential to invest in health, education, clean power, and good transport.

It is an unfortunate truth that at this stage, the only way any of us can see of generating this revenue is mining. But we need to approach this with great care. Mining itself is not a sustainable activity, as the minerals are a finite resource, and once they are gone they are never replaced. So the key will be to use the mining revenue wisely, to promote and generate sustainable economic growth.

True autonomy, or true independence, will only come when we have our own sources of revenue, capable of providing the best possible services to our people.

Where will the money needed for such things come from? Right now we Bougainvilleans are not much better than beggars. We beg for our entitlements from the National Government. We beg and cajole the donors.

As President, I want to see us getting the best possible hospitals, health centres, early childhood centres, schools, universities, technical education centres. I want to see us developing clean power, like hydro, and good roads to all accessible areas, good shipping services. These things are the essential basics for us gradually developing a sustainable economy where all share in benefits.

Ultimately, the main reason why we in Bougainville are considering allowing large-scale mining again is because we need revenue to advance or development. WE lack even the most basic acceptable standards in essential services, like health and education. WE lag behind the rest of the world. Without significant ABG revenue, that situation will never change.

 

Mar 24 2015

Bougainville Mining News: Ex-combatants in Bougainville support controversial Bougainville Mining Act.

 

Grand Chief Momis addresses Excoms

“The government has done everything to thoroughly explain to the people the new Bill and how it will greatly regulate the extractive industry on Bougainville.We cannot continue to undermine the government for it is the very thing that we fought and died for, doing so only renders the purpose of our struggle moot,  .We are all behind the government and will not resort to creating instability within the region.

Spokesman for the ex-combatants, Cornelius Solomon

Ex-combatants in Bougainville have rallied behind the Autonomous Bougainville Government to support the passing of the controversial permanent Bougainville Mining Act.

Written and Supplied by Anthony Kaybing

The ex-combatants met with the ABG and its officials this afternoon (Tuesday) to express their support of the bill and assured ABG President Grand Chief Dr John Momis of their intent.

The permanent Bougainville Mining Bill is the brainchild of the Momis led ABG in its efforts to curb mineral resource problems that led to the bloody ten year civil conflict on the island.

The Bill if passed will give landowners a pronounced say on how mineral extraction is carried out on their lands and also controls the type of would be developers interested in mining on Bougainville.

The Bougainville Mining Department as well as the Bougainville Justice Department have been carrying out widespread awareness on the issue throughout Bougainville to explain the intricacies of the Bill to Bougainville communities.

Despite being hailed as a successful attempt by the government to protect Bougainville’s interests there have been certain elements who continue to argue that the bill is a sham and designed to sell Bougainville.

Foremost amongst its critics is former Bougainville Revolutionary Army strongman Sam Kauona who claims that the Bill lacks certain details that safe guard Bougainville from being exploited again.

But a different sentiment was echoed by Mr Kauona’s former comrades who claimed ownership of the government and in this light respected the ABG’s intent on passing the Bill.

Spokesman for the ex-combatants, Cornelius Solomon said the government has done everything to thoroughly explain to the people the new Bill and how it will greatly regulate the extractive industry on Bougainville.

Cornelius Solomon on behalf of excoms affirms ABG support

“We cannot continue to undermine the government for it is the very thing that we fought and died for, doing so only renders the purpose of our struggle moot,” Mr Solomon said.

Mr Solomon said that the ex-combatants were all behind the government and would not resort to creating instability within the region.

President Momis and his government also expressed their gratitude to the ex-combatants for taking the initiative to recognize the ABG’s efforts to act in the best interest of the people of Bougainville.

The Bill will be tabled sometime this week in the Bougainville House of Representatives as the members prepare to sit for the final sitting of the ABG second house since coming into office in 2010 before if goes to the polls in May.

 

Mar 19 2015

Bougainville Autonomy Arrangements Joint Review : Download the 116 page report here

Review

 

The attached 116 page review contains a significant level of background material. The Review will be read by people who may not have access to essential information about Bougainville. We hope that this information will contribute to greater understanding of the broader context for the Joint Resolutions

It is now a public document having been tabled in the ABG House in March 2014 and the National Parliament in February 2015.

DOWNLOAD HERE

Joint Review of Autonomy Arrangements (JSB and RC approved Joint Resolutions)

This is a joint review by both governments of Bougainville’s autonomy arrangements as required under the constitutional laws. The review was due in 2010 and was not initiated until 2013.

This report, the Review, is the joint report of both governments. It is informed by six separate reports prepared by independent experts appointed by both governments. Their reports are contained in a supplementary volume. The views expressed in those reports are the views and opinions of those experts and they do not necessarily represent the views of either or both governments.

Both governments have decided to be forward looking and practical in accepting this joint report. Establishing Bougainville’s autonomy is a new journey for all parties to the Bougainville Peace Agreement. It was to be expected that there would be blockages, stumbles and some disagreements. Nonetheless, considerable progress has been made since the signing of the Peace Agreement.

The Review sets us on a joint path to remedy some of the major weaknesses while at the same time preparing for the Referendum which is due in the period May 2015 to May 2020.

The Review contains Joint Resolutions – actions by both governments at the JSB held at Kokopo on 18 October 2013 and refined at the Referendum Committee 26 October 2013. The governments will agree an implementation plan against which we will monitor progress and report to the JSB, and the respective parliaments.

The Review contains a significant level of background material. The Review will be read by people who may not have access to essential information about Bougainville. We hope that this information will contribute to greater understanding of the broader context for the Joint Resolutions.

As required by the constitutional laws the Review will be tabled in both parliaments through the National Executive Council and the Bougainville Executive Council respectively.

Below are the first few pages FYI

The Referendum Committee directed that these Joint Resolution be referred immediately to the respective Cabinets for endorsement and tabling in the respective Parliaments with the Joint Review and the Reports of the Independent experts as provided under Section 337 of the Papua New Guinea Constitution.

Planning for 2015 Autonomy Review

1.1 Joint planning for the next review of the autonomy arrangements will commence in late 2014 with the review to be conducted in the first quarter of 2015.

Review of Bougainville Constitution

2.1 The Bougainville Constitution will be reviewed by the ABG in 2014.

2.2 The recommendations from the constitutional review will be made available to the independent experts who conduct the analysis that contributes to the 2015 joint review by the National Government and ABG of Bougainville’s autonomy arrangements.

Greater awareness of Bougainville’s vision and autonomy

3.1 The ABG needs to articulate in a brief accessible document the kind of society Bougainville desires to be in the long term (not just political independence) and formulate a long term higher level strategic vision and plan for realizing the espoused vision based around the aspirations of the Bougainville Peace Agreement and the people. All other planning and service delivery functions should take their cues and direction from the strategic vision.

3.2 The Bougainville Awareness Framework will be the basis for a comprehensive (region-wide, multimedia and direct face-to-face dialogue) awareness campaign be undertaken to inform the people and leaders of the strategic vision, the meaning of autonomy, how it is being implemented and its benefits, and the context and process for the impending referendum.

3.3 The ABG will take responsibility, with the National Government, for initiating a regular series of briefings with local and key national political and public service leaders to seek to significantly increase their awareness and understanding of Bougainville’s vision and entitlements.

Draw down of functions and powers to be consolidated

4.1 The governments will:

  1. jointly review the current Framework for the Draw Down of Functions and Powers;
  2. jointly take stock of and review the progress of the draw-down of functions and powers by all sectors operating in Bougainville. In 2014 the focus will be on completing and consolidating the transfer of the functions listed in Table 2 of the Joint Review;
  3. provide guidance to ensure that all future requests for the draw down of powers and functions, commencing with environment and health, comply with Sections 3 and 4 of the Organic Law and where applicable Section 43 of the Bougainville Constitution.

4.2 The drawdown of powers and functions process will be coordinated by the Chief Secretary and Chief Administrator respectively to expedite the evolutionary and smooth drawdown of functions and powers through the preparation of legislation for consideration by the Bougainville House of Representatives.

4.3 Greater attention will be given to calculating, negotiating and agreeing the on-going funding arrangements for each function and power to be drawn down by the ABG according to the provisions of the Organic Law.

4.4 The governments will work together to seek additional expert resources (including from development partners) to strengthen the ABG to manage the orderly draw down of powers and functions, and their subsequent implementation, particularly to contribute to analysis and policy development in legal, staffing, planning, financial and organisational aspects.

Social and Economic Development

5.1 Law and order – that priority be given to strengthening law and order (weapons, police and community justice) and resolving key existing conflicts that continue to hinder return to normalcy, peace and development in parts of Bougainville (e.g. Konnou and Siuwai crises).

5.2 Economy – a broad based and integrated economic strategy be designed and implemented that would include:

  1. high impact projects, down-stream processing of coca and copra and small to medium enterprises; and
  2. Support be extended to strengthening economic institutions for growth of private enterprise. A specific initiative in exploration of impact projects needs to be investigated with a view to creating much needed employment.

5.3 Infrastructure investments be coordinated through the Joint Project Management Unit such that all of the Region is connected via transportation and communications links in the shortest possible time.

5.4 Education and Health –ABG continue to expand the delivery of education and health services, especially to inland areas of North, Central and South Bougainville and at the same time orientate education and health service delivery to be in line with the strategic visioning above. Specific attention will be given to:

  1. Lost generation – that Education Division (in collaboration with relevant divisions such as Community Development, Veterans Affairs, development partners and NGOs) design and implement a specific education program targeting the lost generation.
  2. Certification and Accreditation of artisans – that ABG through a relevant division, design and implement a Trade Testing, Certification and Accreditation program for skilled village artisans in anticipation for the vocational employment when mining and other economic opportunities commence.
  3. Opportunities for the provision of vocational and technical education must be explored as a matter of urgency with reforms to entry requirements into vocational and technical schools to be started.

5.5 Strategy for Less Developed Areas – all three regions in Bougainville have pockets of isolated communities facing severe under-development. Examples include Visai in the Buin district, Rataiku in Siuwai district; Marau in Bana; Torokina; Kunua; Rotokas; and West Coast of Buka. The ABG will formulate a strategy for progressively linking and opening up these areas to social and economic development.

5.6 The governments will contribute to the immediate expansion of the reach of radio throughout the Region by ensuring current projects are implemented expeditiously.

Grants

4.5 The governments agree to discuss and negotiate a solution to the payment of outstanding Restoration and Development Grant calculated according to law and to ensure that it is then properly calculated, appropriated and paid annually to the ABG in a timely manner.

4.6 The ABG will prepare detailed budget submissions for each new function and power delegated or transferred to the ABG detailing staffing and goods and services budgetary requirements for the first and subsequent three years of implementation in Bougainville of that function or power. These submissions will be endorsed by the BEC, and where required by the Bougainville Constitution, the House of Representatives.

Audit Functions in Bougainville

7.1 The ABG will establish an internal audit function within the Administration before 1 January 2015 to be funded under the Recurrent Grant arrangements.

7.2 The PNG Auditor General will establish an office in Buka before 31 March 2014 with ABG assistance for housing and office space.

ABG Budget

8.1 The ABG will, with National Government assistance, seek to develop and implement a four-year rolling program budget for development and recurrent expenditure with the intention of giving greater certainty to the planning, budgeting and financing of all government plans and service delivery activities. This will be closely linked to the estimates prepared under Joint Resolution 4.3 (Budgets for powers and functions to be drawn down.)

8.2 The ABG will seek to capture in PGAS greater detail on the geographical spend for all development activities.

8.3 The ABG will seek partner support to undertake detailed annual expenditure analysis to contribute to the development of future budgets and assist in the prioritisation of expenditure for service delivery and enhancing autonomy.

8.4 The ABG will work with all development partners to seek to have their contributions recorded in the ABG annual budget.

Medium term economic and fiscal analysis

9.1 The ABG will commission expert assistance to undertake economic and financial analysis on the cost of various options to implement the BEC’s vision for Bougainville taking into account various development scenarios over the next five to ten years.

Financial Reporting and Capacity Improvements

10.1 The ABG will significantly improve the level of reporting on financial matters and projects to the BEC, indivicual ministers, the Bougainville House of Representatives, the National Government, development partners and the community.

10.2 The ABG will develop and then implement a comprehensive capacity development strategy to build the competencies and capabilities of the new ABG Finance and Treasury Department from January 2014.

Taxation

11.1 The ABG will host a Taxation and Revenue Summit in early 2014 to educate the political leadership and the public service of both governments about the tax and revenue arrangements and issues available to Bougainville under the existing Organic Law. Its objective will be (a) to achieve a consensus on a broad strategy, and priorities, to secure improved efficiency and effectiveness in administering the taxation and other revenue entitlements and (b) to contribute to future revenue policy development being properly informed particularly when it seeks to improve the ABG’s ability to achieve the fiscal objectives of the Peace Agreement.

11.2 Based upon the outcome of the Revenue Summit ABG will review its Office of the Chief Bougainville Collector of Taxes to assess future staffing and capacity needs.

11.3 The ABG will activate arrangements to establish the audit function provided in the Organic Law to monitor the collection of revenues by the IRC.

11.4 The IRC will be provided with additional resources in Port Moresby, the regional office and in Buka to undertake its role including an increased awareness program across the region.

Public Administration

12.1 An immediate joint review be carried out on NCOBA to determine its continued relevance and its future roles and responsibilities. The ABG and the National Government should give serious consideration setting up the ABG to manage coordination with the National Government on its own with current NCOBA resources shared between an ABG representative office and the ministry.

12.2 The ABG with the assistance of the National Government will take immediate steps to put in place a weapons disposal plan and set a concrete time to implement weapons disposal prior to 2015. It then should move quickly to implement this plan.

12.3 The ABG take immediate steps to put in place a peace and reconciliation plan and that this plan be immediately implemented before 2015.

12.4 The new structure and operations of the Bougainville Public Service will strengthen and enhance reporting and accountability arrangements including enhancing the roles of ministers and the BEC in setting policy and monitoring the performance of the Administration.

12.5 The ABG will develop and implement a capacity building programme, based around the White Paper on Councils of Elders to resuscitate the capacity of Councils of Elders and Village Assemblies to ensure that they are operational and remain sustainable as the second tier of government in Bougainville.

Good governance

13.1 The governments note the expert’s view that when all the reports are read together and a number of indicators are looked at it is doubtful if it could be said that the ABG was achieving the required standard of good governance in public administration as at mid-2013.

13.2 The governments agree that for future joint reviews greater clarity is needed on the set of indicators (having reference to the constitutional definition) against which good governance is to be assessed taking into account the available sources of quality data.

13.3 In early 2014, with Department of Provincial and Local Government Affairs’ assistance, the ABG will complete a joint organisational assessment using an agreed set of Key Result Areas and indicators based upon the Provincial Performance Improvement Initiative, to be repeated in early 2015 to feed into the 2015 joint review of the autonomy arrangements. ABG and Department of Provincial and Local Government Affairs will seek to involve a representative from East New Britain Province (and/or Milne Bay Province) in the assessments given those provinces’ above average performance in service delivery.

13.4 The ABG will complete its 2014-2016 Corporate Plan by 31 March 2014.

Capacity Development

14.1 The governments agree that they will apply significant resources, with the support of development partners, to implement the BEC approved Capacity Development Strategy for the Autonomous Bougainville Government (November 2012).

House of Representatives and Principal Legal Officer

15.1 The governments will engage, when appropriate, in collaborative efforts to consider the issues of construction of a permanent Parliament building for the House. [This is dependent upon the ABG and its people determining the location of the seat of government.]

15.2 The ABG will undertake a review to assess the required level of resources for the House for the next five years, including recruitment of its necessary administrative support staff, build office capacity and fund resources necessary.

15.3 The ABG will expand programs for induction (after 2015 elections) and ongoing training of Members of the House of Representatives so they understand their roles and the parliamentary procedures and processes. [This should be alongside the AusAID funded mentoring of the House by the NSW Parliament.]

15.4 The ABG will immediately recruit the Bougainville Principal Legal Officer, the principal adviser to the BEC, through an open and transparent process and support the office with lawyers, support staff and resources.

Law and Justice

16.1 Recognising that improving law and order is the people’s highest priority, the governments agree that there is a need to develop and implement, as soon as possible, a clear implementation plan for the transfer of police and correction services functions and powers to the ABG based upon the specific constitutional provisions

16.2 As part of and under the recently launched police modernisation program, GoPNG will give special attention to infrastructure capacity development, funding of resources and police manpower in Bougainville to bring police service to at least pre-crisis level.

16.3 The Police Service, Correctional Service, the Courts and the other law and justice constitutional offices are an integral part of law enforcement, maintaining peace and order and for public security. Both governments will give attention to building the capacity of all aspects of the law and justice system in order to prepare the ABG to be able to enact its own laws to transfer of related powers and functions when appropriate and affordable.

16.4 Given the importance of establishing and maintaining law and order in Bougainville both governments will support the police and correctional services special working groups to analyse and develop appropriate short and medium term funding proposals for the police and correctional services in Bougainville based upon an optimal configuration of staff and facilities.

Mining

17.1 The governments will review the 15-step strategy and seek to implement it in full consultation with each other.

17.2 The governments will as a matter of urgency meet in the Joint Consultative Coordinating Committee on Panguna Negotiations and agree the budget and potential sources of support for a comprehensive program of consultation, analysis and information-sharing so that the ABG, the landowners and the National Government are fully prepared to advocate and negotiate among each other and with BCL the new terms and conditions for mining and exploration leases associated with Panguna Mine.

17.3 Both governments will continue to support building staff capacity of the ABG Mining Department and other departments in order for them to be fully prepared to administer, implement and monitor mining (including issuing, managing and monitoring of mining tenements) and other legislation associated with the possible re-opening Panguna Mine, other mining operations (if any).

17.4 The ABG will continue to consult the National Government through the Department of Mining Policy and the Mineral Resources Authority on the ABG’s proposed transitional law in accordance with the Alotau Agreement, prior to the House enacting the law. The ABG to continue wider consultation of all stakeholders in the ARB in formulating its mining legislation and the Panguna negotiations.

The Referendum

18.1 The governments will meet quarterly in the Referendum Committee, and then at the Joint Supervisory Board, to monitor and discuss the preparations for the Referendum.

18.2 The governments agree that the Referendum will be conducted by an independent agency established for that purpose under Section 58 of the Organic Law on Peace -Building in Bougainville-Autonomous Bougainville Government and Bougainville Referendum 2002.

18.3 The governments agree that by 31 March 2014 the work plan for establishing the arrangements to conduct the Referendum will be completed including specifics on the roles, responsibilities and resources needed for:

  1. the administrative arrangements including establishing the independent agency to conduct a free and fair Referendum in Bougainville;
  2. engaging with international partners to obtain support for the independent agency and the conduct of the Referendum;c. seeking secure sources of funding for the agency to conduct a free and fair Referendum;d. maintaining and supporting regular fora for officials (Referendum Committee) and political leaders;

    e. establishing a Bipartisan Parliamentary Committee of the National Parliament on Bougainville Affairs and a similar committee of the Bougainville House of Representatives so as to provide oversight, direction and monitoring of progress towards the Referendum;

    f. establishing a process of consultation with Bougainvilleans, and others, determine the link or links a person has to have to Bougainville, including those of non-residents, to vote in the Referendum [See Peace Agreement Article 315 and Organic Law Section 55];

    g. reviewing the legal and administrative Rules for the Conduct of the Referendum as contained in the First Schedule to the Organic Law taking into account issues and experiences arising from two Bougainville elections and any other relevant matter.

    h. establishing a process of consultation with Bougainvilleans and others, to seek agreement on the options to be voted on in the Referendum, including independence [PNG Constitution Section 338];

    i. developing and implementing a generalised awareness campaign within Bougainville on the process and arrangements for Referendum. [Awareness on the Referendum itself will be conducted impartially by the independent agency established to conduct the Referendum.]; and

    j. complying with the Bougainville Constitution’s general and specific provisions for consultation within the Region including with traditional leaders and others.

    Feedback to the People

    19.1 The government will support the independent experts to meet with the people of Bougainville through a series of public consultations to close the consultation loop through feedback and deliver the Joint Review to the communities. These sessions will include representatives of both governments.

    .

Mar 18 2015

Bougainville JSB Outcomes : PNG Prime Minister assures ABG of support at Arawa summit

Outcomes‪

 

The Prime Minister of Papua New Guinea Hon Peter O’Neil assured the Autonomous Bougainville Government President Chief Dr John Momis and the people of Bougainville that any outstanding issues presented by the Autonomous Bougainville Government at the Joint Supervisory Body (JSB) meeting will be addressed and effectively resolved.

Hon Peter O’neil assured that the issues were to be resolved during the JSB meeting held on Friday March 13th 2015. Prime Minister Peter O’Neil reassured that other outstanding issues would be addressed effectively before the next JSB meeting.

By Tanya Lahies from the Bureau of Media and Communications

……………………………………………………………………………………………..
PM Peter O’Neil assures ABG to resolve issues of transfer of powers

Prime Minister Peter O’neil responded:“I want to assure you, issues about transferring of powers will be effectively resolved before the next JSB meeting.”

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PM Peter O’Neil assures ABG to resolve issues of funding

Prime Minister Peter O’Neil said: “I want to assure you that our national government will honor every commitment prior to the peace agreement. That includes the Special Intervention Funds (SIF); ongoing recurrent expenditures; funding will be provided for recurrent expenditures. I want to assure the people of Bougainville that we will expand the LLGSIP funds.”
……………………………………………………………………………………………..
PM Peter O’Neil assures ABG of support to the ABG 2015 National Elections

Prime Minister Peter O’Neil said: “We will transfer K1million to assisting with the elections. The transfer was made this week.”
……………………………………………………………………………………………..
PM Peter O’Neil assures ABG for referendum

Prime Minister Peter O’Neil said: “As I have publicly said before, there are conditions which are attached to the referendum that we all have agreed to.”

“We must follow the conditions so that the people have the rights to make a free choice. “

“We are committed as a national government to the referendum process and as governments before, we assure you that we will work closely with you to ensure that –a referendum committee is established and it is working so that we can be able to address many outstanding issues.”
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PM Peter O’Neil assures of commitment to Bougainville

Prime Minister Peter O’Neil said: “I explained publicly during my visits to Arawa, Buin and Panguna that I am committed to making sure that we provide the level of services that our people expect and I’m pleased to see that our Joint Programme Management Unit (PMU) is working closely together to making sure that many of the key infrastructure challenges that we have are been addressed.

Prime Minister Peter O’Neil announced that preparations are under way for the major road network from Kieta to Kangu wharf. “A tender for the major road network between Kieta to Kangu wharf has been now forwarded to the general suppliers for tenders board for awarding of contracts.
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PM Peter O’Neil assures of commitment to working with PMU

Prime Minister Peter O’Neil said: “We will work closely with the Programme Management Unit (PMU) again in making sure that the services are to be delivered in a more kindly manner as well.”
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PM Peter O’Neil’s remark on JSB Meeting

Prime Minister Peter O’Neil said: “Today the joint supervisory body meeting now marks a new level of government. It is important that we continue that we work together- the rest to assure that we show our government support- our top priority of restoring basic services. “

Prime Minister Peter O’Neil reassured that commitment to the ABG has always been strong. “We will continue to work with you till we implement many of our programmes. I want to reassure that our government will continue to support your government to ensuring the best outcomes to achieving the best standard of living.

Mar 15 2015

Bougainville Political News : Speech by ABG President Chief Dr John Momis at JSB meeting Arawa

PM 44

Due to the high demand of people wanting information about the outcome of the high level government meeting between the ABG and PNG National Government, .Here is the speech by the ABG President Chief Dr John Momis in his opening remarks of the JSB meeting.

Speech provided by the President’s PR Mr Anthony Kaybing Via their Facebook Page

Tomorrow, we look at the speech by Prime Minister’s Honourable Peter O’Neil MP; Prime Minister of Papua New Guinea.

Please note that a joint press release by the ABG media and PM’s Department will be published later.

The joint press release will outline the outcome or resolution of the JSB meeting.
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SPEECH BY PRESIDENT CHIEF DR. JOHN MOMIS TO THE JSB MEETING HELD IN ARAWA AT THE SHARP YOUTH MEMORIAL CENTRE

13th March, 2015
Salutations:

1. Honourable Peter O’Neil MP; Prime Minister of Papua New Guinea
2. Ministers of the National Government.
3. ABG Ministers
4. Deputy Secretary to Department of Prime Minister and NEC, Mr. Trevor Meauri
5. Chief to ABG, Mr. Monovi Amani
6. Heads of Government Departments and Statutory Authorities of National Government and ABG
7. Ladies and Gentlemen

1. Introduction

1. On behalf of my people of Bougainville and the Autonomous Bougainville Government I would like to sincerely welcome Hon. Prime Minister’s O’ Neil and members of the National Government delegation to this important meeting of 24 JSB in Arawa.

2. The fact that this meeting is held in Arawa is indicative of the substantial progress and level of maturity and trust achieved since the signing of the Bougainville Peace Agreement in 2001.

3. Hon. Prime Minister, by personally attending this meeting and coming to Arawa goes along to demonstrate to our people of Bougsinvile and Papua New Guinea as a whole, your interest and commitment to dealing with the Bougainville issue.

4. I take this opportunity to thank your predecessors, Sir Michael Somare, Sir Mekere Morauta, late Honourable Bill Skate, Sir Julius and Hon. Sir Rabbie Namaliu for their support given to the Bouginville process.

5. Prime Minister, I want to single out the great contribution by the late Hon. Bill Skate for his visionary, commitment and non-nonsense approach that has been instrumental in significantly fast-tracking the process.

6. Your visits to Bougainville to open the Aropa Airport and now to attend this meeting follows from the example of your former party leader in personally making the Bougainville issue his issue.

7. Former Prime Minister, the late Bill Skate’s visit in the midst of the crisis broke a lot of barriers and paved the way for close and meaningful dialogue between the National Government and Bougainville leaders.

8. This is the example that we as leaders must continue to adopt and maintain.

Trust Between The Two Governments
9. Hon. Prime Minister O’Neil, as you are well aware, the issue of trust between our leaders in honouring the Bougainville Peace Agreement is very important.

10. The Bougainville Peace Agreement is a trust document between two conflicting parties that outlines the parameters we must operate within.

11. There is an obligation for all of us leaders to work within the framework and spirit of the Peace Agreement in order for us to avoid misunderstandings and contentious issues from arising.

12. It is a bipartisan agreement that involved different parties, hence, I must caution against unilateral decision making by any of the parties.

Frustrations Over Inadequate Financial Support

13. While the Autonomous Bougainville Government is appreciative and grateful for the financial support provided by the National Government over the years, we remain concern and critical as the level of support has not been commensurate with the costs of providing these services and the level of powers and functions transferred.

14. We have observed that while other provinces recurrent budget has increased over the years commensurate with the increase in cost of services provided, the same has not been true for Bougainville.

15. The appropriations by successive governments for Bougainville’s recurrent budget have stayed mostly the same with minimal increases only for some years.

16. We are also concerned about the National Government’s continued disrespect for the Agreements signed and honouring its part in the Agreements.

17. The National Government has displayed arrogance on its part in its unilateral decisions in reducing the RDG by K15 million in 2012 and most recently reducing the 2015 SIF by K30 million to repay cuts to the RDG.

18. We need to come up with a mechanism to integrate DSIP/PSIP funds into the ABG’s budgetary framework to ensure they are aligned with our priorities.

19. Bougainville continue to miss out on local-government grants given to other LLGs in Papua New Guinea.

20. The unilateral and unpredictable actions by the National Government makes us wonder whether Bougainville has been unduly victimized and made the sacrificial lamb on the alter of self-determination.

Our Frustrations at Lengthy Period in Draw-down of Powers

21. The Bougainville Executive Council has expressed its concerns and frustration at the lengthy period taken to draw-down powers and slow progress made in drawing down powers after we have taken the first step of signaling our intentions.

22. National Government departments and statutory bodies ought to be made aware that Bougainville by right is entitled to exercise all powers vested with it under the Peace Agreement and PNG constitution.

23. The fact that we do not have these powers is because of our capacity in terms of financial and other resources available to undertake those powers and functions.

24. The people of Bougainville are yet to experience and enjoy the benefits of autonomy and even feel what is like to be an autonomous region with the powers vested to Bougainville under the Agreements and PNG constitution.

25. This is almost after eleven (11) years of signing the Bougainville Peace Agreement.

26. It has been our experience that some National Government departments continue to disregard the directives of the JSB signed by the highest political authority vested with the Prime Minister on behalf of the National Government and the President of ABG on behalf of Bougainville.

27. We are pushing strongly through this JSB for an overarching framework that will enable ABG and the National Government to establish a mechanism for the timely release of powers and functions directed towards building the capacity of the Bougainville Administration.

28. The framework should aim for shorter period in the drawdown process and should commit respective departments to provide the supportive framework by providing the legal draftsmen, secondment of officers and the resources that follow the respective powers and functions.

29. There is a perception, rightly or wrongly, that there is some reluctance by some bureaucrats in Waigani to allow for the speedy transfer of these powers.

30. This has been evidenced by difficulties we are facing in requesting the drawdown of powers.

31. We are currently experiencing difficulties in the process of drawdowns with the following departments and agencies;

– Fisheries
– Environment and Conservation
– CIS
– Police
– Lands

32. We would like to see substantial progress in the drawdown of these powers in the coming year and are taking the bold step of requesting that all powers due to Bougainville must be transferred by the year 2016.

Referendum
33. The year 2015 is a crucial year in the peace process with the opening of the referendum window in June, 2015.

34. We are concerned that with only five years remaining for the referendum to be held, not much progress has been made.

35. The Referendum Committee needs to meet regularly and move fast to progress the various milestones that we need to achieve for the successful staging of the referendum.

36. There is the important task of preparing the people of Bougainville through a comprehensive awareness program in order for them to be ready to make the most important decision of their life.

37. This must happen very quickly.

38. The fact is that timing is not on our side and that important decisions need to be made by the two Governments through the respective bipartisan Committee to agree on several milestones that need to happen.

39. As a way forward, the ABG is proposing that we hold the referendum at a date agreed to by both Governments in the first quarter of 2019.

40. We have arrived at this timing taking into account the commitments by both the National Government and ABG over the next five years.

41. These are the coming ABG and National elections in 2017, the Pacific Games and the forthcoming APEC meeting.

42. The referendum committee comprising officials of both Governments will need to move quickly and reach agreement on important issues such as (1) eligibility for voting, (2) the relevant questions to be asked, including the question on whether Bougainville should be independent or not, and (3) the appropriate agency for conducting the referendum.

ABG Elections
43. The third ABG elections will be held by May this year and a new Government will be in place by June.

44. We are grateful to the support provided by National Electoral office and aid agencies to put together a successful election.

45. We have written to the National Government requesting K2 million to meet our budget shortfall and await a response.

5 Year Medium Term Plan (2015-2019)and Bougainville Strategic Vision and Plan

46. The administration is in the process of consolidating the Bougainville Medium term plan for the next five years in order to fill the gap in development planning.

47. The Medium term plan covering a period of over five years is intended to provide strategic direction and the development framework that will guide the ABG budgets.

48. In addition, Bougainville Executive Council has recently endorsed the process of consultation to formulate the Bougainville Strategic Vision. The strategic plan will be put in place to if the vision is to be translated into tangible results for our people for a lengthy period.

49. The Bougainville Vision will determine the future or type of Bougainville that we want, defines our values as Bougainvilleans, sets our standards for governance and how the resources will be equitably distributed.

50. An equally daunting task is to develop and formulate the Bougainville Long-term Development Growth Strategy that will be needed to achieve our overall vision.

51. The long-term development strategy must identify the appropriate strategies needed to fulfill our vision.

52. In our push for autonomy, the transfer of powers and functions from the National Government is meaningless if it does not translate to higher living standards for our people.

53. We need to put together a development framework that plots our future development process over the next thirty to fifty years.

Bougainville Permanent Mining Bill
54. The last House of Representatives Assembly meeting will have the important task of passing the Permanent Bougainville Mining Act. I want to thank the National Government and the World Bank for their assistance in helping us to put the Act together.

Bougainville Energy Plan
55. The development of an overall energy development plan for Bougainville is critical for the future development of Bougainville.

56. The plan will need to focus on alternative energy sources such as hydro utilizing the many river systems on Bougainville and solar energy. I take this opportunity to thank the National Government for facilitating the loan that will enable us to build the Ramazon Hydo-electric scheme that will cost K35 million.

Conclusions

57. Despite the frustrations raised above, I am positive of the future for all of us.

58. I am appealing to both parties to make it happen for the Bougainvlle people. We need to work together within the framework of the Bougainville peace Agreement.

59. I take this opportunity to once again thank the Prime Minister for his continued support for the peace process in Bougainville. His presence today is a demonstration of the high regard he has for our people of Bougainville and PNG as a whole.

60. I thank all the other officials from both sides who have worked tirelessly and sacrificed a lot to bring the peace process to where it is today.

Thank you and may God Bless us all.

Hon. Dr. John Momis
PRESIDENT

 

Mar 12 2015

Bougainville referendum poll : Who should conduct the Bougainville referendum ?

 

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The Bougainville referendum will decide our children’s future

Who will conduct the referendum on the future political status of Bougainville!!!
The answer to this question is provided by the collective force of the reading Bougainville Peace Agreement and the constitutional laws that implement it.

The law provides four options from amongst which the ABG and the National Government can choose one option on the body that will conduct the referendum on the future political status of Bougainville.

Bougainville News is running a poll on who you think should conduct the referendum ;-

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These are the options from amongst which the ABG and the National Government can choose only one single option.

What do you think!

Mar 10 2015

Bougainville 2015 Elections all the latest news updated

 

julie Bishop

This post contains 5 Bougainville Election updates

1.Bougainville women encouraged to stand for election

2.Bougainville Electoral Commission’s historic election

3.ABG election on track

4.Commissioner attends successful talkback show

5.Voters urged to get enrolled

WOMEN in Bougainville have been encouraged by the acting Bougainville Electoral Commissioner George Manu to contest in the upcoming 2015 ABG General Election.

Picture: Julie Bishop a friend of Bougainville for many years recently hosted Autonomous #Bougainville Government MPs Joan Jerome, Rose Pihei, Elizabeth Burain in her Canberra Office. The Australian and US government are investing in women organisation as an aid priority

Mr Manu said apart from the three regional seats reserved for women in the ABG parliament, women who believed that they are capable of representing their people in parliament should also stand for the constituency and presidential seats.

He said not many women had contested for the constituency and presidential seats in the last two ABG General Elections.

“During the past two elections there was less number of women contesting so I am encouraging more women to contest in this election,” said Mr Manu.

He said women should go and check whether they are on the electoral roll or get enrolled and update their details if required in order to be eligible to contest or cast their votes in the election.

“March is the month all Bougainvilleans, including women, should ensure they are enrolled correctly.

“Go and visit your council of elders and village assemblies, your district office or a regional office of the Bougainville Electoral Commission located in Buka, Arawa and Buin. Here you can view the preliminary roll, or fill out a new enrolment form to ensure you are on the roll in time for the 2015 General Election,” said Mr Manu.

 Bougainville Electoral Commission’s historic election

THIS year’s ABG General Election will be historical to the people of Bougainville as it will be run by the Office of the Bougainville Electoral Commissioner.

During the past two ABG General Elections held in 2005 and 2010, the PNG Electoral Commission (PNGEC) was responsible for conducting these elections.

Even though PNGEC and the Australia and New Zealand electoral commissions are providing technical assistance and support, the Bougainville electoral commission will be taking the leading role in conducting the election.

Move towards the establishment of Bougainville’s own electoral commission has been spearheaded by the current acting commissioner, George Manu.

Even though a decision to establish the Bougainville Electoral Commission was made by the Bougainville Executive Council in 2010, this was never achieved until Mr Manu’s acting appointment in 2013.

Mr Manu was tasked to conduct five ABG by-elections, but instead of only concentrating on these by-elections, he decided to also start actioning the BEC decision on the establishment of the commission.

Apart from managing the processes and the preparations already achieved, the Bougainville electoral commission has also produced its own materials, manuals and forms for voter registrations to be used in the elections.

ABG election on track

PREPARATIONS for the 2015 ABG General Election are still on track, that’s the assurance from the acting Bougainville Electoral Commissioner, George Manu.

“All preparations are on track and I am confident that we will deliver this election according to our schedule,” said Mr Manu.

“Me and my returning officers are determined and set to run this election for the people of Bougainville.”

Mr Manu’s assurance now puts to rest doubts many people had regarding the preparations for the election.

He added that though the Autonomous Bougainville Government was slow in releasing funding to conduct the election, he is confident the election will still be conducted in accordance with the election schedule.

“The only hiccup we had was the late release of funding to conduct the election. But the Bougainville Electoral Commission is focused on the delivery of this election. Our duty is to conduct the election,” said Mr Manu.

Meanwhile, the acting Bougainville electoral commissioner has commended the ABG for releasing K1. 5 million to the electoral commission last week.

Part of this funding will now be used to conduct the public scrutiny.

Commissioner attends successful talkback show

THE radio talkback show hosted by Bougainville Radio Ples Lain with the acting Bougainville Electoral Commissioner George Manu last Wednesday has been hailed a success.

The program which was relayed live on NBC Bougainville saw Mr Manu giving updates on the general preparations currently undertaken by his office towards the staging of the election.

This includes activities like the updating of the electoral roll for the ABG election.

Mr Manu said the enrolment exercise was very important as the available data that the commission had before the commencement of this exercise was four years out of date.

Mr Manu also gave an update on the establishment of the Bougainville Electoral Commission as well as on the core functions of the Bougainville electoral commission.

He also outlined the rights of people to vote as well as the importance of this coming election.

During the program, Mr Manu was also able to answer queries raised by some concern listeners.

Many people that were in Buka town when the program was aired live as well as listeners from the villages in mainland Bougainville as far as Tinputz district were fortunate to have access to this information as they now have a fair idea on the preparations of the election.

Voters urged to get enrolled

By WINTERFORD TOREAS

THE acting Bougainville Electoral Commissioner, George Manu is appealing to all eligible voters in Bougainville to make sure that their names are on the electoral roll.
“I am appealing to all eligible voters to make sure that your names are on the electoral roll so that you will be able to cast your votes in the election,” said Mr Manu.…
“It is important that your name should be on the electoral roll. If your name is not on the roll, then you will not be able to vote in the coming election,” added Mr Manu.
According to the ABG election schedule, the preliminary rolls will shortly be sent back to each districts and constituencies for public viewing this week.
The preliminary rolls consist of names of those that were registered during the field enrolment exercise carried out towards the end of last year.
“I am appealing to all eligible voters to go to your district and council of elders’ offices and village assemblies and check that your name is in the electoral roll. If your name is not on the roll or it is on the roll but not spelt correctly, you will be given an enrolment form to fill so that we will enrol your name in the final electoral roll.
“Enrolment will not be accepted once the writs are issued,” said Mr Manu.

END……………………………..///

 

Mar 4 2015

Bougainville Referendum Poll : Will conditions of Bougainville Peace Agreement be met by Bougainville within next 5 years as a prelude to referendum.

 

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The President said self-determination is not a dirty word for the people of Bougainville, self-determination is peoples claim that they must be the major stakeholders in deciding their fate and to be engaged in socio-economic, political and spiritual liberation.

“It is through unity and believing in one another shall we achieve our ultimate political future,” President Momis remarked

By Anthony Kaybing

The conditions of the Bougainville Peace Agreement can and will be met by Bougainville within the next five years as a prelude to its referendum.

YES or NO poll

Autonomous Bougainville Government President Grand Chief Dr John Momis made this bold statement in reference to Bougainville’s Referendum that must be held within the 5 year time period of 2015-2020.

The conditions of the Bougainville Peace Agreement are Good Governance, Fiscal Self Reliance and Weapons Disposal.

“We must not fear, we must have faith in each other and ultimately of course we must have faith in God to give us the wisdom and strength to prevail,” President Momis said.

“We have now reached a critical juncture on our journey to freedom where we stand at the threshold of a new socio-economic, political and spiritual order” The President added.

He added that this new future means Bougainvilleans will want to be liberated from structural impediments, from institutional impediments and become agents of change and development and also become the subjects and objects of these changes.

“We know for a fact for example that the people of Bougainville for a long time have always seen themselves as a people set apart from the rest of PNG,” the President said.

Consistently over a period of time the people have always demanded to have a referendum to determine whether Bougainville was to remain a part of PNG, join with the Solomon Islands or become an entirely Independent nation on its own.

So when you look at the history of Bougainvilleans, Bougainvilleans definitely had a history, we have a history of rejecting outside imposition, a history of being proud of our heritage and a history of self-determination.

This is in line with the fact that Man is by nature a self-determining animal, man being a rational is endowed with the intellect and the will that enables him to asses, analyze and make informed decisions his future.

The President said self-determination is not a dirty word for the people of Bougainville, self-determination is peoples claim that they must be the major stakeholders in deciding their fate and to be engaged in socio-economic, political and spiritual liberation.

“It is through unity and believing in one another shall we achieve our ultimate political future,” President Momis remarked.

Mar 4 2015

Bougainville Political News: President Momis slams misleading reports of his Buin speech

momis 15

An observer noted that the publishing of such derogatory reports is only to derail the progress the ABG has made in resolving the Panguna issue and on the eve of the ABG Elections in June this was just a smear campaign against President Momis and his cabinet

Anthony Kaybing

A recent statement in the blogs site Papua New Guinea Mine Watch has come under fire following its misquotations of a speech given by Autonomous Bougainville Government President Grand Chief Dr. John Momis.

The scathing report gives a tainted view of the President’s outlook on the sensitive Panguna Mine issue with the report implying that the President is hell bent on reopening the mine by force and also expressing his dissatisfaction of the Panguna Landowners Association.

The actual speech given by President Momis during the first mass by newly ordained priest Fr. Ambrose Kakatai at the Tabago Parish, Buin District on Sunday 15th February 2015 contradicts the report at so many levels.

President Momis’ speech was simply about the responsibility that Bougainvilleans must now undertake to prepare themselves for the coming referendum and their responsibility to honor the Bougainville Peace Agreement.

Parts of the President’s speech were made in the Telei (Buin) dialect as the majority of the people at the event were from the Buin District.

The part of the President’s speech that was misconstrued may have been when he explained the ABG’s continued consultative approach to resolving the Panguna issue.

“The ABG continues to consult our people on the Panguna Mine’s reopening, because of the respect for our people the mine will not be reopened by force,” direct quote of the President’s speech made in the Telei Dialect.

This quote is the only one in which President Momis mentions anything about the use of force to reopen the mine.

The other allegation raised in the report on President Momis’ speech was his “criticism” of the Panguana Landowners Association which again contradicts the actual speech.

President Momis said on the same speech that the ABG was working closely with important stakeholders such as the Panguna Landowners to resolve the issue and that the government had already created a channel of communication with the Mekamui Traibal Government of Unity who at first were suspicious of the ABG’s interest in the Panguna Mine.

An observer noted that the publishing of such derogatory reports is only to derail the progress the ABG has made in resolving the Panguna issue and on the eve of the ABG Elections in June this was just a smear campaign against President Momis and his cabinet.

 

 

Ends////