Bougainville Referendum News Update : #PNG PM O’Neill and President of Bougainville Momis agree at JSB on referendum question “Do you agree for Bougainville to have, option 1.Greater Autonomy or option 2 .Independence.

 

 ” Bougainvilleans for the first time would be given the right and freedom to actively participate in development through the referendum. Bougainville stands on threshold of a new socio-economic and political order that will define its future.

ABG President Chief Dr John Momis

Reports from New Dawns Aloysius Laukai

The implementation of the Referendum to decide Bougainville’s ultimate political fate has reached another momentous milestone with the approval of the Question to be asked during the referendum.

The Questions to be asked will be placed on ballot papers during the referendum vote for Bougainvilleans to decide whether to secede or continue to remain as a part of PNG.

The question has been simplified to “Do you agree for Bougainville to have, option one Greater Autonomy or option two Independence.

During the referendum vote the ballot papers will be printed both in English and Tok Pisin.


The Joint Supervisory Body has agreed that this question is simple and easy to understand by the average Bougainvillean during the referendum vote.

The JSB was adjourned from yesterday to today because both the ABG and National Government were not satisfied with the structure of the question.

Both governments have since agreed to this question and have endorsed its use in the referendum vote ballot papers.

JOINT MEDIA STATEMENT AFTER END OF JSB

Photo above Radio New Zealand report

Prime Minister of Papua New Guinea, the Hon. Peter O’Neill and President of the Autonomous Region of Bougainville, the Hon. Dr John Momis today reaffirmed their joint commitment to ensuring the full implementation of the Bougainville Peace Agreement.

Meeting in Port Moresby as part of a special meeting of the Joint Supervisory Body (JSB), the two leaders discussed broad ranging issues associated with the upcoming referendum.

The two leaders noted the importance of ensuring that the referendum is free and fair, and conducted in full accordance with the Constitution and Peace Agreement. Both the Prime Minister and the President agreed that it was essential that people understand the choice to be put, and the process to be followed once the referendum has taken place.

The meeting was also attended by the Chairman of the Bougainville Referendum Commission, former Prime Minister of Ireland, the Hon. Bertie Ahern. Mr Ahern indicated his honour at being appointed as Chairman and committed to working with both governments to ensure that the referendum is conducted freely and fairly.

Leaders noted the work undertaken to date by officials to prepare for the referendum and endorsed a proposed budget of K34 million for the coming year. Prime Minister O’Neill undertook to ensure that the budget was incorporated into the 2019 national budget when it is handed down later this year.

It was agreed that the question to be put at the referendum would clearly outline the process to be followed after the referendum takes place and would be accompanied by a comprehensive awareness campaign (refer attachment).

Leaders agreed to meet again in the third week of January 2019 in Port Moresby at a full meeting of the JSB where further updates would be provided on referendum preparations and associated work to advance peace in Bougainville.

Momis Happy with JSB

Self-determination has been a perennial problem in Papua New Guinea and Bougainville ever since first Bougainvilleans decided to secede from Papua New Guinea.

ABG President Chief Dr John Momis says that Bougainvileans have struggle for a long time to exercise their right to self-determination.

President Moms says the progress achieved in this JSB augurs well for both Bougainville and PNG.

He says Bougainvilleans for the first time would be given the right and freedom to actively participate in development through the referendum.

President Momis says Bougainville stands on threshold of a new socio-economic and political order that will define its future.

He adds that with a joint effort a good and democratic outcome can be achieved if the process has integrity by fully implementing the Bougainville Peace Agreement.

The President also extended gratitude to officials on both government for their tireless efforts in resolving issues pertinent to next year’s referendum.

President Momis said this was the beginning of good things to come in the future.

Bougainville Referendum News : A pledge by Bougainville leaders to work together

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” All four national Members: Hon Joseph Lera, Minister for Bougainville Affairs, Jimmy Miringtoro, Minister for Communications, Hon Louta Atoi, member for North Bougainville and the recently elected MP for South Bougainville Hon Timothy Masiu  all took turns to air and share their views on the importance of consultations and commitment to work together on matters concerning Bougainville.

The pledge expresses a desire for everyone to be on the same page in implementing the terms and intentions of the Bougainville Peace Agreement, a historical joint creation borne out of the efforts of the National Government and Bougainville’s political and factional leaders.”

Photo above : All four Bougainville national MPs with visiting members of Bougainville’s parliamentary committee on referendum after the Pledge

Autonomous Region of Bougainville’s four elected members in the National Parliament have come together, have spoken with one voice and have pledged they will work closely with the Bougainville’s Members of the House of Representatives.

In a small, unassuming but important, meeting over dinner hosted by the Minister for Bougainville Affairs on Thursday evening 11 August the four Bougainvillean national MPs made an unequivocal pledge that they will work with Bougainville parliamentarians in consulting, advising, sharing, working with each other and taking part in all matters of political, social and developmental interest and concern to Bougainville.

The main guests at the evening dinner gathering were members of the Bougainville House of Representatives committee on Referendum led by its Chairman Hon Joseph Watawi MHR.

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Photo above :At PNG Parliament Minister Joe Lera MP and Chairman Joseph Watawi MHR both with other colleague members.

The committee was in Port Moresby to observe the National Parliament in session and meet with the National Parliament bipartisan committee on Bougainville matters including referendum.

The joy and exchanges of pleasantries was most obvious. At long last! It is done!

There is more than one reason to expect there will be a lot of trust and cooperation from hereon between and amongst Bougainville politicians at the National level and in the Autonomous Region.

All four national Members: Hon Joseph Lera, Minister for Bougainville Affairs, Jimmy Miringtoro, Minister for Communications, Hon Louta Atoi, member for North Bougainville and the recently elected MP for South Bougainville Hon Timothy Masiu  all took turns to air and share their views on the importance of consultations and commitment to work together on matters concerning Bougainville.

A timely and proper, in-depth, educated and adequately funded awareness on referendum was discussed as one of the most important matters needing immediate focus and attention for concerted, cooperative approach by leaders.

The visiting members of the House of Representatives Parliamentary Committee on Referendum led by its Chairman Hon Joseph Watawi also spoke in turns all expressing delight that the undertaking for the Bougainville political leaders to work together is most welcome. Members of the committee that spoke and shared the same sentiments included Hon Marcelline Kokiai MHR, Hon Thomas Tari MHR, and Hon Tepaia  MHR

The people of Bougainville as electors will find comfort, confidence and assurance and can only benefit from the undertaking by their political leaders. Bougainvilleans have often criticized their politicians  for not working together on matters that can make a difference with better political cooperation  and coordination at the elected leadership level.

The four MPs representing Bougainville in the National Parliament have pledged that they will, from hereon, work with members of the Bougainville House of Representatives in the interest of all facets of development of Bougainville. The pledge expresses a desire for everyone to be on the same page in implementing the terms and intentions of the Bougainville Peace Agreement, a historical joint creation borne out of the efforts of the National Government and Bougainville’s political and factional leaders.

After a number of attempts over many elections on both sides, many exchanges and  suggestions, to-ing and fro-ing, and at times laying blame from both sides, this is an achievement by Bougainville parliamentarians in both Houses to come to terms and put aside any differences in their commitment and approach on the ongoing political processes that requires their attention and decision.

The agreement pledged by the leaders followed two consultative meetings with the Minister for Bougainville Affairs and Chairman Watawi and members of his committee at Parliament House.

The Minister Hon Joe Lera said the National Coordination Office for Bougainville Affairs (NCOBA) which he heads as Minister has made a lot of effort to give practical effect to the roles and functions and fulfill the objective why this Office was established in the first place. With his intervention and better focus by the staff, NCOBA will be the primary coordination link between Bougainville and Port Moresby. His first task has been to get his colleagues the Bougainville national MPs to work in closer consultation with him through NCOBA.

The Speaker Simon Pentanu who accompanied the referendum committee delegation in his remarks  praised and thanked the national MPs for this development calling it remarkable because  he said it will see, in a long time, a meaningful consultative effort and cooperation by Bougainville parliamentarians at the national level and on Bougainville.

He said he will be inviting the four national MPs and expect them to take their seats in the House of Representatives in the forthcoming meeting in September and at all subsequent meetings of the House. He also said that from now on the dates of meetings of the Bougainville Parliament will be determined so they do not clash with National Parliament meetings to enable the four National MPs to attend.

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Photo Above : Meeting with PNG Parliamentary committee on Bougainville Matters and referendum, with UNDP and agencies invited as observers.

Hon Ministers Joseph Lera also informed the dinner meeting NCOBA is improving its coordinating role and under his watch he expects to deliver on the aims and objectives for which this Ministry for Bougainville was established.  His colleague national MPs praised and agreed with Minister Lera that since he assumed office as the Minister there has been enthusiasm, zest and zeal about the place.

Speaking for and on behalf of the parliamentary committee and his colleague MHRs Mr Watawi said that such a pledge between leaders has been some time coming. He said the pledge to work and stay together is like a bridge has now been built that Bougainville leaders can walk along together and cross both ways

Bougainville House of Representatives : Statement by the Speaker Simon Pentanu

 Simon Pentanu

HOUSE OF REPRESENTATIVES 

Office of the Speaker

STATEMENT BY SPEAKER

Budget session

The Speaker of the House of Representatives Simon Pentanu MHR has announced the 2015 Budget meeting will commence on Monday 21 December at 2 o’clock pm. This is the date agreed to in consultation with the President and the Minister for Finance taking into account the preparation time for the budget to be finalised. The House will meet over two to three days to consider and approve the Autonomous Region’s  budget for 2016.

This will be the final meeting for this year. The first meeting of the House in the New Year will be in March at a date and time to be fixed by the Speaker in consultations with the President.

In a prepared statement the Speaker also made brief reference to a number matters on his impressions to the start of the Third House 2015-2020.

Parliamentary Committees

The Speaker said the start to his term in Office has been eventful. It has been a period of settling in for all members, including Ministers. The Speaker expressed a particular delight that the House has appointed its main and important select and statutory parliamentary committees early in the life of the Third House. The parliamentary committee system in its full operational capacity would provide the best opportunities for members to play their rightful roles in wider and inclusive ways as leaders, lawmakers and elected representatives.

 Parliament poorly resourced

Mr Pentanu said resources,  financial resources in particular, will continue to be a challenge in the administration of the Parliament. In this regard the Speaker said that sadly, over the last ten years the Parliament which is an important arm of the Government has been poorly resourced. Even more appalling, the Legislature as one of the three symbiotic arms of the Government has been regarded , if not degraded as if it is just another administrative arm of the Autonomous Bougainville Administration.

He said that unless this attitude is changed Parliament and its parliamentarians will not play their representative, lawful roles as long as the Parliamentary Service continues to be poorly resourced. He said it is already obvious to him that the demand on members’ time and effort compared to the meagre resources that come with the office of a member is enormous. A Parliament and parliamentary service that is adequately resourced can plan well in supporting the constitutional mandate of elected leaders and provide integrity and respect to the roles they are expected to perform.

Financial Accountability

Our whole financial administration regime and accountabilities for funds at every level need to be blow torched and overhauled. We cannot continue to walk up and down the same corridors and expect different results. I am confident however, we have the leaders in Parliament to institute changes through well thought out and considered decisions to demand more and better accountabilities overall over ABG’s finances  in order to do and achieve more from the resources Bougainville is raises and receives. Our members are not just law makers, the Parliament is also the highest oversight body to which the Executive and the bureaucracy is accountable.

Women’s participation

Our women parliamentarians have shown confidence, commitment, desire and a strong will to make their marks inside and outside Parliament as they strive to represent women of Bougainville. Their participation in debates, the questions they direct at the ministerial benches and their appreciation of what their roles entail has been impressive so far.

Former combatants

Our three members representing the former combatants have contributed to discussions and debates in an assured way. They are members of important parliamentary select committees. However, as representatives of interest groups the members need more assistance in articulating the hovering constituency issues in a way that Parliament and Bougainville leadership may be able to involve or utilise their membership in a progressive way in connection with the constituents they represent.

Positive start

The management of the business of the House, the corporation and collaboration with the Executive in Parliament and attendance and  participation by all members during parliamentary sessions has been pleasing. Members have benefitted from inductions at the start of their political and parliamentary career. Member’s attendance and participation at a recent parliamentary seminar jointly hosted by the Department of Referendum, Peace and Veterans in a rural setting was very encouraging.

Autonomous funding

Ours is a Parliament by the People, for the People, of the People and we must go back to the People at every opportunity.  I do not see why this should be difficult when this is the duty and desire of all members. It is absolutely possible with proper planning and adequate funding under an arrangement in which Parliament is funded separately in an autonomous arrangement where it is provided and is accountable for its funding.

 

Bougainville Referendum News: Bougainville: hard choices looming for Australia? (part II)

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Differences could arise in a number of ways but at the more serious end of the range, possibilities include either a refusal by the PNG Parliament to recognise a pro-independence referendum outcome, or a failure by Papua New Guinea to agree to a referendum going ahead at all.”

Author James Batley worked in the Department of Foreign Affairs and Trade, and in AusAID, between 1984 and 2014: Originally published in the Strategist

In my earlier post I argued that, notwithstanding the strong legal underpinning of the 2001 Bougainville Peace Agreement, it’s possible that Bougainville and Waigani may be on a collision course. What would such a collision mean for Australia?

In the event that a referendum were held and clearly favoured independence with the outcome subsequently ratified by the PNG Parliament—accompanied by an orderly transition—Australia would have little choice but to accept the result. But while this is a possible outcome, it’s by no means the most likely scenario.

Far more likely is a situation in which Papua New Guinea and Bougainville find themselves at odds. Differences could arise in a number of ways but at the more serious end of the range, possibilities include either a refusal by the PNG Parliament to recognise a pro-independence referendum outcome, or a failure by Papua New Guinea to agree to a referendum going ahead at all.

To this, it might be countered that Article XIV of the PNG Constitution includes a range of dispute resolution provisions including through the courts. Yet this ignores the fact that any differences that may arise are far more likely to be political differences than matters of interpretation that are amenable to mediation or judicial resolution.

In either of the disputed situations outlined above Australia would be faced with difficult choices. Of course, Bougainville isn’t Australia’s responsibility, but Australia has a stake in Bougainville’s future, including its relationship with Papua New Guinea. Australia doesn’t have the luxury of not having a view on these questions. In any serious dispute, both sides would look to Australia for support.

Whatever the legal niceties, the PNG government would expect to have the greater claim on Australian support, both on historical grounds and in the light of more recent experience—you-scratch-my-back-and-I’ll-scratch-yours (i.e. Manus) grounds. For their part Bougainvillean groups would point to Australia’s role in acting as midwife to the BPA back in 2000.

In any such scenario a range of Australian interests would be thrown into the balance: Australia’s stake in Papua New Guinea’s long-term security and stability; the state of the bilateral relationship; the risks of renewed violence on Bougainville; the implications of any action (or inaction) on Australia’s part for its broader role in the region.

Many decisions are yet to be taken by the parties themselves, and many variables remain in play. While there are the beginnings of discussion in Bougainville on possible transition scenarios, there’s no requirement for a referendum to be held before 2020, so any breakdown in the process—assuming one does occur—might be years away. So it’s wise not to take the scenario-building too far.

For Australia, however, the key point is this: Downer’s 2000 formula (Australia would ‘accept any settlement negotiated by the parties’) has served successive governments well over the past 15 years when all parties could sincerely declare themselves committed to the BPA. It’s a good formula, and if anything it’s been reinforced by the regular commitment to honouring the BPA included in Ministerial Forum communiques. That said, enough risks are now apparent to suggest that this formula may be reaching its use-by date. Events beyond Australia’s control may require Australia to declare its hand one way or the other.

None of this will be news to Australian officials engaged in PNG policy and, given her personal interest, it’s safe to assume that Julie Bishop understands what’s at stake. That doesn’t make the choices that may be faced any easier.

Much of the above analysis renders the Bougainville issue down to a binary choice: independence or not. Might there be another way of framing the issue? It’s possible that the parties themselves could think of a ‘third way’, even if no such options have been canvassed publicly so far. Even if the PNG and Bougainville governments find themselves seriously at odds on the referendum issue over the course of the next five years, it shouldn’t be assumed that they wouldn’t be able to come up with creative solutions. A worst case scenario isn’t inevitable or even the most likely outcome.

This is where Australian diplomacy could play a role. In 2000, Alexander Downer moved the peace process forward by helping the parties see beyond the immediate binary choices they felt confronted with at the time. The BPA may not have solved the Bougainville question definitively, but it has given the people of Bougainville fifteen years of peace.

It may yet turn out that the key contribution that Australian diplomacy can make is to help the parties see the future as something other than an exclusive yes/no choice.

Bougainville Mining News: Rumbles from the jungle as Bougainville mine stirs

panguna

 

The big questions hanging over the mine right now include: who will run the Autonomous Bougainville Government after the election due at the end of May? Nine figures are contending the presidency, including several former combatants, with the front runners probably former Catholic priest John Momis, the veteran incumbent, and Sam Akoitai, a former national mining minister.

The next government will have the responsibility of setting the parameters for the referendum on independence that must happen at some time during the five years from this July.

The Panguna mine on Bougainville Island would cost $6.5bn to restart.

Source: The Australian Rowan Callick News Limited

Even the long-suffering Bougainville Copper board, which has witnessed cargo cults, wars, and the closure of its own vast mine, was puzzled when its share price soared 50 per cent a week ago.

For this sudden surge of confidence appeared, oddly, to have been triggered by troubling news for the company — the commencement of a new Mining Act passed by the Bougainville autonomous region’s parliament, which hands back control of all resources to landowners.

The future of the Bougainville mine, which still contains copper and gold worth about $50 billion, is tied up with its complex past, with the long geopolitical shadow cast by the 1989-2001 civil war on the island — and with cargo-­cultist hopes held out by local leaders allied to eccentric foreigners constantly seeking to seize control of the resources from BCL.

The ASX issued a “speeding ticket”, asking the company to explain the April 2 share price leap. BCL replied that it couldn’t.

The price had slid back down to 28c by Friday.

The directors of the company, which is 53.58 per cent owned by Rio Tinto, 19.06 per cent by the Papua New Guinea government, and 27.36 per cent by other shareholders, are trying to juggle an enormous range of unknowns and variables, without even the compensating benefits of having a mine to run.

It has remained closed since May 1989, and would cost upwards of $6.5bn to reopen.

The big questions hanging over the mine right now include: who will run the Autonomous Bougainville Government after the election due at the end of May? Nine figures are contending the presidency, including several former combatants, with the front runners probably former Catholic priest John Momis, the veteran incumbent, and Sam Akoitai, a former national mining minister.

The next government will have the responsibility of setting the parameters for the referendum on independence that must happen at some time during the five years from this July.

What will be the response of the national government led by Prime Minister Peter O’Neill to the new Bougainville mining law? National legislation insists that, as in Australia, such resources are owned by the state.

And Mr O’Neill has hired Peter Graham, who led the remarkably successful construction of the country’s first liquefied natural gas project for ExxonMobil, to manage the Ok Tedi mine, which the Port Moresby government nationalised — and may be eager to deploy his skills to reopening Bougainville too, if Rio chooses to sell to PNG.

What does Rio itself want? At the end of 2014, it announced from London that it was reviewing its BCL stake.

It has not entirely lost its stomach for complex, ever-changing negotiations in developing countries with governments lacking the disciplines of party politics — managing director Sam Walsh only recently flew to Mongolia for talks about the constantly challenging Oyu Tolgoi copper and gold mine there.

But it could follow BHP-­Billiton, after its Ok Tedi debacle, in placing PNG in the ultimately-too-hard basket.

The key question is what do the landowners want? If they don’t want a mine back, it won’t happen.

Many do favour a reopening, since they see no alternative source of income for their families on the horizon — the agricultural potential for Bougainville is all on the coast, rather than in the mountains.

But they are themselves split into about nine recognisable factions — whereas at the time the mine was set up, during Australian colonial days, they spoke as a unified group.

The legislation does not specifically mention the BCL mine, because it is intended to cover the whole of the highly prospective region, which has since the onset of the civil war attracted growing numbers of carpetbaggers seeking to set up their own private operations — almost always seeking gold — in collaboration with ex-combatants who often retain guns.

Formerly, BCL was granted the only mining licence in Bougainville, which it still holds — but from the PNG government — while the Bougainville government now says its legislation supersedes the national legislation, under the accord agreed at the peace conference that ended the conflict.

The company is not only governed by legislation, but operated the mine under a contract with the PNG government that remains in force.

Peter Taylor, who has been chairman of BCL for 12 years, said that “the Bougainville government seems to want the mine reopened, but we have to sit down around a table and see what’s do­able.”

He said he remained confident that “if there’s a will there to get the mine reopened, we will find a way. But we’re talking a long lead time.’

When the first study about reopening was conducted, the copper and gold prices were lower than today — but that’s not the key issue: “We’re a mining business, not a trading business,” he said.

“It will happen only if the government and the landowners want it to happen.”

President John Momis, who has driven Bougainville’s new Mining Act, said that with it, “we are completely rejecting the terrible past. The Act recognises that all owners of customary land own all minerals in, on and under their land.” And now those who joined the civil war on the side of the Bougainville Revolutionary Army based around the mine site at Panguna, are also entitled, under custom, to share in any proceeds from that land.

Bougainville President Press Release: Jubilee Australia demonstrates ‘shameful ignorance and arrogance

Grand Chief Momis addresses Excoms

“Your assumptions, and an apparent bias, were reflected in your choice of research partners with well-known records of vehement anti-BCL views. The PNG researchers chosen to do the interviews are also people well-known in Bougainville as holding similar views.

“My Government is on the ground in Bougainville. Elected members and government officers have for many years constantly consulted landowner communities from the former Panguna leases, with the organisations established since 2010 to represent those communities, with leaders of the various Me’ekamui organisations in the area, with Councils of Elders and Village Assemblies in the area. While there is undoubtedly a range of views on the future of mining at Panguna, the only way of getting 63 interviewees opposed to mining

The President of the Autonomous Bougainville Government (ABG) today released a statement about the refusal of Australian NGO, Jubilee, to respond to three letters he has sent them since October raising questions about a Jubilee report on Panguna landowner views on mining. He said their refusal to answer his questions demonstrated ‘shameful ignorance and arrogance on the part of Jubilee.

In a series of letters to the Jubilee in October, November and December 2014, President Momis questioned research methodology used, false claims made on the basis of interviews with a tiny selected group of opponents of mining, many serious factual errors in the report, and the track record of opposition to BCL and Rio Tinto on the part of Jubilee Australia’s research partners, Kristian Lasslett and the Bismarck Ramu Group.

DOWNLOAD LETTER HERE Momis – to Jubilee Board – 26 March 2015

In a letter to the Jubilee Board released with today’s statement, the President said:

“You proudly proclaim to be a scientific research organisation. But your research on Bougainville has been unethical and deeply flawed.

He went on to say that the Jubilee Report “was clearly based on false assumptions, and those same assumptions have been evident in claims made both at many points in your report, and in statements by your CEO, that there is near unanimous opposition to mining in the landowner communities in the former leases associated with the Panguna mine.

“Your assumptions, and an apparent bias, were reflected in your choice of research partners with well-known records of vehement anti-BCL views. The PNG researchers chosen to do the interviews are also people well-known in Bougainville as holding similar views.

My Government is on the ground in Bougainville. Elected members and government officers have for many years constantly consulted landowner communities from the former Panguna leases, with the organisations established since 2010 to represent those communities, with leaders of the various Me’ekamui organisations in the area, with Councils of Elders and Village Assemblies in the area. While there is undoubtedly a range of views on the future of mining at Panguna, the only way of getting 63 interviewees opposed to mining would be to carefully select them. If your report stated clearly that that was what you had done, there would be little complaint. But the report does not do that. It dissembles.

“Moreover, you compound your error by numerous absolutely false statements about the views expressed in the interviews being representative of all in the area.

“In short, there is no doubt at all that those doing the interviews in Bougainville on which the report claims to be based carefully chose a small group of opponents to the resumption of mining.

“The report was written by a person from one of your partner organisations with a clear record of a particularly unbalanced view on BCL.

“Your assumptions and bias were further demonstrated by your deliberate refusal not only to consult the ABG, but also to give it any opportunity to comment on a draft of the report before rushing to publish.

“You have also refused to respond to my questions about the ethical standards of the research, and your adherence to PNG law in the conduct of the report.

“By your refusal to answer the issues and questions raised in my three letters (above), you simply raise more doubts about your standards, your accountability and your bona fides.

“In all the circumstances, your behaviour is shameful, and your claims to be a scientific research organisation seem little more than a joke.

“I continue to request a response to the specific issues raised in those three letters.”

,

Chief John L. Momis

President, ARoB

 

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.

 

 

 

 

 

 

 

 

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.

    .

Bougainville 2015 Election News : Do you qualify to be Bougainville President or Member of the House ?

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CANDIDATE REQUIREMENTS By JENNIFER NKUI Photo above : Election rolls preparation

Candidates intending to contest in this year’s ABG General Election are urged to consult the qualifying requirements for candidates before contesting in the election.

For details are below

91. QUALIFICATIONS FOR AND DISQUALIFICATIONS FROM ELECTION AS PRESIDENT

56. QUALIFICATIONS FOR AND DISQUALIFICATIONS FROM ELECTION

While issuing this call on Monday, the Acting ABG Electoral Commissioner George Manu stressed that this is to avoid court battles that may arise following the declaration of a candidate that is not qualified to contest in a particular seat.

He said intending candidates must come and check with us so we can advise you on what requirements you must fulfil before you can qualify to contest in the constituency, former combatants, regional women’s and presidential seats.

He then pointed out that according to the ABG Constitution, a member of the House of Representatives must not be less than 25 years of age and candidates intending to stand for election must also be qualified to vote in the elections of the Bougainville House of Representatives.

He added that in order to contest in one of the 33 constituency seats, a candidate must be a Bougainvillean and be a member of a clan lineage that holds land in the constituency for which the candidate wishes to nominate. Mr. Manu went on further saying the candidate must also have been in that constituency for at least five years immediately prior to nomination.

As for the regional seat for women, a candidate will be eligible to contest if she is a Bougainvillean and be a member of a clan lineage that holds land in that particular region that she will be contesting in. He said the woman candidate must also have resided continuously in that region for at least five years immediately prior to nomination.

And for those intending candidates for the three regional seats reserved for the former combatants, the requirement is that they must be a Bougainvillean and a former combatant.

The candidate must also be a member of a clan lineage that holds land in that region that he intends to contest and that he must also have resided continuously in that region for at least five years immediately prior to nomination.

On top of that the acting commissioner stated that the candidate’s nomination must be endorsed by twenty other former combatants from that region.

And in the presidential seat, the candidate must not be less than 40 years of age, is a Bougainvillean and is qualified to vote in the elections of the Bougainville House of Representatives.

According to the Bougainville Constitution, a Bougainvillean is defined as a person; • who is a member (whether by birth or by adoption according to custom by the clan lineage) of a Bougainvillean clan lineage (matrilineal or patrilineal) owning customary land in Bougainville; or • who is married (whether by law or custom) to a person regarded as a Bougainville; or • Who is a child one of whose parents is a Bougainvillean as per the above definition Intending candidates are advised to check with the Assistant Returning Officers or the regional returning officer to get more information on these requirements.

Below is an extract of section 56 of the Constitution of Bougainville that details the qualifications of candidates that are eligible to contest for the constituency, women and former combatants seats.

56. QUALIFICATIONS FOR AND DISQUALIFICATIONS FROM ELECTION.
(1) A member of the House of Representatives must be not less than 25 years of age.

(2) A candidate for election to the House of Representatives must be qualified to vote in elections to the House of Representatives.

(3) A candidate for election to the House of Representatives as a member referred to in Section 55(2)(b)(i) (establishment and composition of the House of Representatives) must be a Bougainvillean and –
(a) be a member of a clan lineage that holds land in the constituency for which he wishes to nominate; or
(b) have resided continuously in that constituency for at least five years immediately prior to nomination; or
(c) have been born in that constituency.

(4) A candidate for election to the House of Representatives under Section
55(2)(b)(ii) (establishment and composition of the House of Representatives) must be a woman and be a Bougainvillean and –
(a) be a member of a clan lineage that holds land in the Region (North, Central or South) of Bougainville for which she intends to nominate; or
(b) have resided continuously in that Region for at least five years immediately prior to nomination.

(5) A candidate for election to the House of Representatives under Section 55 (2)(b)(iii) (establishment and composition of the House of Representatives) must be a Bougainvillean and a former combatant (as that term is defined in Schedule 2 (meaning of certain expressions)) to this Constitution and –
(a) be a member of a clan lineage that holds land in the Region (North, Central or South) of Bougainville for which he intends to nominate; or
(b) have resided continuously in that Region for at least five years immediately prior to nomination,
and have his nomination supported in accordance with Section 58(1)(d) (mode of nomination) of Schedule 10 (electoral provisions relating to the first general election of President of the Autonomous Bougainville Government and members of the House of Representatives) or with the Bougainville law referred to in Section 106 (Bougainville Electoral Commissioner and elections generally).

(6) A person is not qualified to be a candidate for election, or to continue to be a candidate for election, referred to in Subsection (3), (4) or (5) if he has nominated in an election to be held at the same time, as a candidate –
(a) referred to in any other of these Subsections; or
(b) for the office of President.

(7) A person is not qualified to be, or to remain a member of the House of Representatives if –
(a) he or she is not entitled to vote in elections to the House of Representatives; or
(b) he or she is of unsound mind within the meaning of any law relating to the person and property of persons of unsound mind; or
(c) subject to Subsections (8) to (11) (inclusive), he or she is under sentence of death or imprisonment for a period exceeding three months; or
(d) he or she has been declared bankrupt by a court of competent jurisdiction and remains bankrupt.

(8) Where a person is under sentence of death or imprisonment for a period exceeding three months, the operation of Subsection (7)(c) is suspended until –
(a) the end of any statutory period allowed for appeals against the conviction or sentence; or
(b) if an appeal is lodged within the period referred to in Paragraph (a), the appeal is determined.

(9) The references in Subsection (8) to appeals and to the statutory period allowed for appeals shall, where there is provision for a series of appeals, be read as references to each appeal and to the statutory period allowed for each appeal.

(10) If a free pardon is granted, a conviction is quashed or a sentence is changed to a sentence of imprisonment for three months or less, or some other form of penalty (other than death) is substituted, the disqualification ceases, and if at the time of the pardon, quashing, change of sentence or substitution of penalty –
(a) the writ for the by-election has been issued – the member is not restored as a member of the House of Representatives and the by-
election proceeds according to law; or
(b) the writ for the by-election has not been issued-the member is restored as a member of the House of Representatives.

(11) In this section –
“appeal” includes any form of judicial appeal or judicial review;
“free pardon” means a free pardon granted under Section 151 (grant of pardon, etc.,) of the National Constitution;
“statutory period allowed for appeals” means a definite period
allowed by law for appeals, whether or not it is capable of
extension, but does not include an extension of such a
definite period granted or that may be granted unless it was granted within that definite period.

(12) Nothing in this section is intended to reduce any right conferred by Section 50 (right to vote and stand for public office) of the National Constitution, but it is the considered opinion of the People of Bougainville, expressed through the Bougainville Constitutional Commission and the Bougainville Constituent Assembly, that any restrictions imposed by this section are reasonable and are reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.

An extract from section 91 of the Bougainville Constitution detailing the eligible criteria for those intending to stand for the presidential seat.

91. QUALIFICATIONS FOR AND DISQUALIFICATIONS FROM ELECTION AS PRESIDENT.
(1) Until a Bougainville law made by an absolute majority vote provides otherwise, a President must be not less than 40 years of age.

(2) A candidate for election as President must be qualified to vote in elections to the House of Representatives.

(3) A candidate for election as President must be a Bougainvillean.

(4) A person is not qualified to stand, or to continue to stand for election as President if –
(a) he is not qualified or becomes disqualified, in accordance with Section 110 (right to vote) to vote in an election to the House of Representatives; or
(b) he is of unsound mind within the meaning of any law relating to the person and property of persons of unsound mind; or
(c) he is under, or becomes subject to, a sentence of death or imprisonment for a period of more than three months; or
(d) he is, or becomes disqualified from standing for election under this Constitution; or
(e) he is, or becomes, a member of, or a candidate for election or appointment to, the National Parliament, or to the House of Representatives; or
(f) he has already been elected as President on two occasions; or
(g) he has been declared bankrupt by a court of competent jurisdiction, and remains bankrupt; or
(h) he has nominated in an election to be held at the same time as a candidate for election as –
(i) a member representing a single member constituency under Section 55(b)(i) (establishment and composition of the House of Representatives); or
(ii) a woman member to represent the interests of women under Section 55(2)(b)(ii) (establishment and composition of the House of Representatives); or
(iii) a former combatant member to represent the interests of former combatant members under Section 55(2)(b)(iii) (establishment and composition of the House of Representatives); or
(i) if the election is an election for President under Section 58(5)(d) (recall of member of the House of Representatives) and the person is the person whose recall is the subject of the poll under Section 58(5)(c) (recall of member of the House of Representatives).

(5) Nothing in Subsection (1) is intended to reduce any right conferred by Section 50 (right to vote and stand for public office) of the National Constitution, but it is the considered opinion of the People of Bougainville expressed through the Bougainville Constitutional Commission and the Bougainville Constituent Assembly, that any restrictions imposed by this section are reasonable and are reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.

 

Bougainville Media News :New Dawn to improve understanding of the Bougainville Peace Agreement

 

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The New Dawn Video Awareness Program project will engage Bougainville’s citizens in a nationwide video-based campaign to improve the country’s understanding of the Bougainville Peace Agreement. Since its establishment in 2001, consultations have continued between the community and the government to ensure parties uphold the Agreement.

This will however, be the first use of audio visual education in these efforts.

Please note : Aloysius Laukai and New Dawn are publishers of this news service

Supported by the PACMAS Innovation Fund, the project developed by New Dawn FM, an independent community radio broadcaster, will produce six educational videos in Tok Pidgin language on Disarming, Referendum and Good Governance – the three pillars of the Peace Agreement.  Other sensitive issues that will also be covered are missing persons, war widows, and government corruption.

The 15 – 30 minute informational videos will be screened across the country, targeting the three district centres of Buka, Arawa, and Buin as well as key rural locations.  The live screenings will provide opportunities for discussions and debates on issues such as gender equality, empowerment of women, good governance and democracy.  Online deliberations will also be encouraged with New Dawn FM sharing the videos on YouTube, Facebook, Twitter and Typepad.  DVDs, mobile phones, and USBs will also be used for distribution.

Project Overview Working with: New Dawn FM

Start Date: 1 October 2014 – 30 September 2015

Goal: Raise awareness about missing persons, war widows, government corruption and the three pillars of the Bougainville Peace Agreement.

Budget: AUD $30,000 –

The outcomes of the New Dawn Video Awareness Program project are:

  • address an island-wide-lack of public understanding of Bougainville’s governance system;
  • bring matters of gender equality, missing persons, and government corruption into the public sphere and promote deliberations of these issues across the country;
  • facilitate the development of New Dawn FM’s video production capacity; and
  • providing opportunities for Bougainvilleans to engage with democracy not just as citizens but also as contributors to the media.

The New Dawn Video Awareness Program activity contributes to Bougainville’s ongoing development of a free and open democracy and aligns with the PACMAS Media Content component, as well as PACMAS’s overall goal of supporting better governance in the Pacific region by contributing to the development of a diverse, independent and professional Pacific media system.

To view the full project profile please click New Dawn Video Awareness Program.