THE CONSTITUTION

 

 

OF

 

THE AUTONOMOUS REGION OF BOUGAINVILLE.

 

 

 

ARRANGEMENT OF SECTIONS.

 

 

 

PREAMBLE

 

PART 1. – BOUGAINVILLE.

 

1.         Autonomous Region of Bougainville.

2.         Autonomous Bougainville Government.

3.         Jurisdiction of Autonomous Bougainville Government.

4.         Symbols of the Autonomous Region of Bougainville.

5.         Autonomous Region of Bougainville Capital.

6.         Declaration of Loyalty to Bougainville.

7.         Bougainvillean.

8.         Owners of customary land and elections.

9.         Obligations of a Bougainvillean.

 

PART II. – SCHEDULES REPEATING CERTAIN PROVISIONS OF NATIONAL CONSTITUTIONAL LAWS.

 

10.       Schedules repeating certain provisions of National Constitutional Laws.

 

PART III. – BOUGAINVILLE OBJECTIVES AND DIRECTIVE

PRINCIPLES.

 

11.              Provisions of this Part non-justiciable.

12.              Implementation of objectives.

13.              Strengthening of customary authority.

14.              Democratic principles.

15.              Pursuit of peace, rehabilitation, reconciliation and harmony.

16.              Unity and stability of Bougainville.

17.              Autonomy and territorial integrity of Bougainville.

18.              Assistance to Institutions protecting and supporting human rights, etc.,

19.              Fair representation of women and marginalized groups.

20.              Welfare of widows, children, orphans, the aged and the disabled.

21.              Provision of adequate resources for government.

22.              General social and economic objectives.

23.              The land and natural resources.

24.              Development.

25.              Human resource development.

26.              Transport infrastructure.

27.              The environment and conservation.

28.              Recognition of the role of Women in Bougainville Society.

29.              Children and Youth as the future of Bougainville.

30.              Recognition of the dignity of persons with disabilities.

31.              Music, the arts and sports.

32.              Education objectives.

33.              Medical services and health care.

34.              HIV/AIDS.

35.              Partnership with Churches, non-government organizations and other Organizations.

36.              Natural disasters.

37.              Cultural objectives.

38.              Accountability.

39.              Rights of workers and employees.

 

                        PART IV. – STRUCTURE OF GOVERNMENT.

 

Division – General.

 

40.       Structure and levels of Government.

 

Division 2. – Autonomous Bougainville Government.

 

41.       Autonomous Bougainville Government.

42.       Functions and powers of the Autonomous Bougainville Government.

43.       Factors to be considered by Autonomous Bougainville before requesting a transfer of a function or power, etc.,

44.       Land Matters.

45.       Criminal Law.

46.       Foreign Affairs.

47.       Fisheries.

48.       Underlying Law.

 

Division 3. – Other Levels of formal Government.

 

49.              Other Levels of formal government.

50.              Regional Government.

 

Division 4. – Traditional Systems of Government.

 

51.              Traditional Systems of Government.

52.              Advisory Body.

 

PART V. – BOUGAINVILLE LEGISLATURE.

 

Division 1 – General.

 

53.              Bougainville Legislature.

54.              Exercise of legislative power.

 

Division 2. – House of Representative.

 

55.              Establishment and composition of the House of Representatives.

56.              Qualifications for and disqualifications from election.

57.              Normal term of office.

58.              Recall of Member of the House of Representatives.

 

Division 3. –The Speaker and the Deputy Speaker.

 

59.              Offices of Speaker and Deputy Speaker.

60.              Speaker.

61.              Removal from Office of Speaker.

62.              Deputy Speaker.

63.              Functions of the Speaker and the Deputy Speaker.

64.              Voting by the Speaker.

 

Division 4. – General Law-making powers of the House of Representatives.

 

65.              General Law-making powers.

66.              Certification as to making of Laws, etc.,

67.              Right to introduce new Laws.

 

Division 5. – Procedures, Privileges, etc., of the House of Representatives.

 

68.              Meetings of the House of Representatives.

69.              Quorum at meetings.

70.              Voting in the House of Representatives.

71.              Committees.

72.              Standing Orders of the House of Representatives.

73.              Privileges, etc., of the House of Representatives.

74.              International Agreements.

75.              Proceedings non-Justiciable.

76.              Questions as to Membership.

77.              Validation of acts of the House of Representatives.

78.              Clerks and Officers of the House of Representatives.

 

PART VI. – THE BOUGAINVILLE EXECUTIVE.

 

Division 1 – The Executive Power.

 

79.       Exercise of the Executive Power.

 

Division 2. – Bougainville Executive Council.

 

80.       Membership of the Bougainville Executive Council.

81.              Representation of Regions.

82.              Caretaker Bougainville Executive Council.

83.              Appointment of other Members.

84.              Assumption of Office by Members of the Bougainville Executive Council.

85.              Responsibilities.

86.              Procedures.

87.              Delegation by the Bougainville Executive Council, etc.,.

 

Division 3. – The President.

 

88.              Office of President.

89.              Election of President.

90.              Special Election of President.

91.              Qualifications for and disqualifications from election as President.

92.              Assumption of Office.

93.              Functions of the President.

94.              Vacation of Office of President.

 

Division 4. – Vice President.

 

95.              Office of Vice-President.

96.              Appointment of Vice-President.

97.              Assumption of Office.

98.              Functions of the Vice-President.

 

Division 5. – Members of the Bougainville Executive Council Generally.

 

99.              Interpretation of Division 5.

100.          Vacation of Office of Members of the Bougainville Executive Council.

101.          Dismissal of Members of the Bougainville Executive Council.

 

PART VII. – BOUGAINVILLE SENIOR APPOINTMENTS

COMMITTEE AND APPOINTMENTS GENERALLY.

 

102.     Bougainville Senior Appointments Committee.

103.     Part-time Appointments.

 

PART VIII. – CONSTITUENCIES AND ELECTIONS.

 

104.            Bougainville Boundaries Commissioner.

105.            Constituencies.

106.            Bougainville Electoral Commissioner and elections generally.

107.            Bougainville General Elections.

108.            By-elections.

109.            Form of Elections.

110.            Right to Vote.

111.            Political Parties.

 

PART IX. –ADMINISTRATION OF JUSTICE.

 

Division 1. – General.

 

112.            Bougainville Courts.

113.            The Law Officers of Bougainville.

114.            Exercise of the judicial power.

115.            Alternative dispute resolution.

 

Division 2. – Bougainville High Court.

 

116.          Establishment of the Bougainville High Court.

117.          Composition of the Bougainville High Court.

118.          Acting Judges.

119.          Jurisdiction of the Bougainville High Court.

120.          Right to appeal from Bougainville High Court to Supreme Court.

 

Division 3. – Appointment etc., of Judges of the Bougainville High Court.

 

121.          Bougainville Judicial Appointments Committee.

122.          Qualifications.

123.          Appointment of Chief Justice of Bougainville.

124.          Appointment of Other Judges.

125.          Seniority of Judges.

 

Division 4. – Other Courts.

 

126.            Establishment of other Courts.

127.            Head of other Bougainville Courts.

 

Division 5. – The Bougainville Public Prosecutor and the Bougainville Public Solicitor.

 

128.          Bougainville Public Prosecutor and Bougainville Public Solicitor.

129.          Functions of the Bougainville Public Prosecutor and the Bougainville Public Solicitor.

 

Division 6. – Removal from Office of Senior Judicial and Legal Office-holders.

 

130.            Removal from Office of Chief Justice of Bougainville, etc.,

131.            Procedures for removal.

132.            Constitution of Tribunals, etc.,

133.            Suspension.

 

Division 7. – Miscellaneous.

 

134.            Rules of Court.

135.            Lack of procedural provision.

136.            Juries and Assessors.

137.            Reports of Bougainville Judges.

 

PART X. – BOUGAINVILLE GOVERNMENT SERVICES.

 

Division 1. – Introductory.

 

138.            Establishment of Bougainville Government Services.

139.            Civilian control.

 

140.     Responsibility of heads of Bougainville Government Services to Bougainville Executive Council.

141.     Declarations of Loyalty, etc.,

 

Division 2. – Bougainville Public Services Commission.

 

142.     Establishment of the Bougainville Public Services Commission.

143.     Functions of the Commission.

144.     Independence of the Commission.

145.     Personnel matters.

 

Division 3. – Bougainville Public Service.

 

146.     Bougainville Public Service.

147.     Head of Bougainville Public Service.

 

Division 4. – Bougainville Police Service.

 

148.     Bougainville Police Service.

149.     Chief of Bougainville Police.

150.     Further provisions relating to Bougainville Police Service.

 

Division 5. – Bougainville Correctional Services.

 

151.     Bougainville Correctional Service.

152.     Chief of the Bougainville Correctional Service.

 

PART XI. – FINANCES AND FINANCIAL MANAGEMENT AND CONTROL.

 

Division 1. – General.

 

153.     General Principles relating to finances and financial management.

 

Division 2. – Outline of Finances  of Autonomous Bougainville Government and Finance Administration

 

154.     Outline of finances of Autonomous Bougainville Government and finance administration.

 

Division 3. – House of Representatives and Finance.

 

155.     Financial responsibility of the House of Representatives.

156.     Executive initiative.

157.     Revenue and expenditure without prior approval.

 

Division 4. – Bougainville Auditor-General.

 

158.     Establishment of office of Bougainville Auditor-General.

159.     Functions of the Bougainville Auditor-General.

Division 5. – Public Accounts Committee.

 

160.     Establishment of the Public Accounts Committee.

161.     Functions of the Committee.

 

Division 6. – Bougainville Salaries and Remuneration Commission.

 

162.     The Bougainville Salaries and Remuneration Commission.

163.     Functions, etc., of the Commission.

164.     Functions of National Salaries and Remuneration Commission.

 

PART XII. – THE BOUGAINVILLE OMBUDSMAN.

 

165.     The Bougainville Ombudsman.

166.     Purposes of the Bougainville Ombudsman.

167.     Functions and powers of the Bougainville Ombudsman.

168.     Reports by the Bougainville Ombudsman.

 

PART XIII. – LEADERSHIP CODE.

 

169.     Application of Leadership Code.

170.     Customary standards of leadership.

171.     Other responsibilities of Office.

172.     Particular responsibilities of office.

173.     Further provisions concerning the Leadership Code.

174.     Prosecution for misconduct in office.

175.     Investigation and prosecution may be carried out where person no longer holds office.

176.     Disqualifications on dismissal.

177.     Powers of Bougainville Ombudsman in relation to criminal misconduct.

 

PART XIV. – HUMAN RIGHTS.

 

Division 1. – Rights.

 

178.     Basic Rights.

179.     Additional Rights.

 

Division 2. – Qualification on  Rights.

 

180.     Qualifications on the Qualified Rights.

181.     Reasonably Justifiable in a Democratic Society.

182.     Validity of Emergency Legislation.

 

Division 3. – Enforcement of Guaranteed Rights and Freedoms.

 

183.     Enforcement of guaranteed rights and freedoms.

184.     Damages for breach of rights.

185.     Human rights enforcement body.

186.     Customary methods of dealing with human rights abuses.

PART XV. – ISSUES ARISING FROM THE BOUGAINVILLE CONFLICT.

 

187.     Issues arising from the Bougainville Conflict.

 

PART XVI. – BOUGAINVILLE CONSTITUTIONAL OFFICE

HOLDERS AND BOUGAINVILLE

CONSTITUTIONAL INSTITUTIONS.

 

Division 1. – General.

 

188.     Other Provisions relating to Bougainville Constitutional Office-holders and Bougainville Constitutional Institutions.

 

Division 2. – Bougainville Constitutional Office-Holders.

 

189.     Bougainville Constitutional Office-Holders.

190.     Removal from office of certain Bougainville Constitutional Office-Holders.

 

Division 3. – Bougainville Constitutional Institutions.

 

191.     Bougainville Constitutional Institutions.

 

Division 4. – Provisions of Facilities, etc.,

 

192.     Provisions of facilities, etc.,

 

PART XVII. – BOUGAINVILLE REFERENDUM.

 

193.            Bougainville Referendum.

194.            Procedure in relation to the Bougainville Referendum.

 

PART XVIII. – CONSULTATION AND PARTICIPATION.

 

195.            Consultation through Plebiscite.

196.            Participation in, and poll for law-making.

 

PART XIX. – EMERGENCY PROCEDURES AND POWERS.

 

197.     Definitions.

198.     General approach to certain emergencies.

199.     Declarations of emergency generally.

200.     Declaration, etc., of Bougainville Emergency.

201.     Declaration, etc., of National Emergency at request of Autonomous Bougainville

            Government.

202.     Request for revocation of declaration, etc., where National Emergency declared     other than at the request of the Autonomous Bougainville Government.

203.     House of Representatives Control.

204.     Management and control of emergencies.

 

PART XX. – INTERGOVERNMENTAL RELATIONS AND

REVIEW.

 

205.     Principles of intergovernmental relations, etc.,

 

PART XXI. – THIS CONSTITUTION.

 

206.            Supremacy of the Constitution.

207.            Alteration of this Constitution.

208.            Evolution of this Constitution and of the Autonomous Bougainville Government.

209.            Interpretative Jurisdiction.

210.            Special References to Bougainville High Court.

211.            Special status of the Preamble.

212.            Construction of the Constitution generally.

213.            Construction of Bougainville Laws.

214.            Use of certain materials as aids to interpretation.

215.            Enforcement of this Constitution.

216.            Accessibility of the Constitution.

 

PART XXII. – ALTERATION OF THIS CONSTITUTION AND OF PART XIV (BOUGAINVILLE GOVERNMENT AND BOUGAINVILLE REFERENDUM) OF THE NATIONAL CONSTITUTION, ETC.,

 

Division 1. – Amendment of Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution, etc.

 

217.            Requirements for amendment of Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution, etc.,

218.            National Constitutional Regulations.

 

Division 2. – Alterations to this Constitution.

 

219.     Making of alterations to this Constitution.

 

PART XXIII. – REVIEW OF THIS CONSTITUTION, ETC.,

 

220.     Review of this Constitution, etc.,

 

PART XXIV. – MISCELLANEOUS.

 

221.            Legal Capacity of Autonomous Bougainville Government.

222.            Bougainville Constitutional Regulations.

223.            Public Purposes.

224.            Transitional Provisions contained in Organic Law.

225.            Application of other Laws.

226.            Bougainville Gazette.

 

 

PART XXV. – FIRST BOUGAINVILLE GENERAL ELECTION AND FIRST MEETING OF HOUSE OF REPRESENTATIVES.

 

Division 1. – General.

 

227.            Effect of this Part.

228.            Purposes of this Part.

229.            Interpretation.

 

Division 2. – Powers and Duties of Bougainville Interim Provincial Government in consultation with Bougainville People’s Congress.   

 

230.            Existing facilities to be used where practicable.

231.            Bougainville Interim Provincial Government, in consultation with Bougainville People’s Congress may issue orders in certain circumstances.

 

Division 3. – Arrangements for First Bougainville General Election.

 

232.            Interim Bougainville Gazette.

233.            First Bougainville General Election Boundaries Director.

234.            Constituencies for first Bougainville General Election.

235.            First Bougainville General Election Manager.

236.            First Bougainville General Election.

237.            Interim Registration of Political Parties.

238.            Disputed elections and returns arising from first Bougainville General Election.

 

Division 4. – Arrangements for the First Meeting of the House of Representatives.

 

239.            Calling of First Meeting of House of Representatives.

240.            Executive Officer of the House of Representatives.

 

PART XXVI. – OTHER INTERIM ARRANGEMENTS.

 

241.            Interim arrangements in relation to Institutions, Offices, etc.,

 

SCHEDULES.

 

SCHEDULE   1.

 

DECLARATION OF LOYALTY TO BOUGAINVILLE, ITS PEOPLES AND CONSTITUTION.

 

SCHEDULE 2

 

RULES FOR SHORTENING AND INTERPRETATION OF THIS CONSTITUTION.

PART 1. – INTRODUCTORY.

 

Sch.2.1.           Application of Schedule 2.

 

PART 2. – GENERAL.

 

Sch.2.2.           Meaning of Certain Expressions.

Sch.2.3.           This Constitution speaks from time to time.

Sch.2.4.           Fair Meaning to be given to language used.

Sch.2.5.           Statements of general principle.

Sch.2.6.           “Non-Justiciable”.

Sch.2.7.           Gender and Number.

Sch.2.8.           Provisions where no time prescribed.

Sch.2.9.           Exercise and performance of powers and duties.

Sch.2.10.         Power of majority of more than two persons and quorums.

Sch.2.11.         Attainment of Age.

Sch.2.12.         References to Series.

Sch.2.13.         Residence.

Sch.2.14.         Effect of time limits.

Sch.2.15.         Repeal, etc.,

Sch.2.16.         Disallowance, etc.,

Sch.2.17.         Independence.

Sch.2.18.         Regulation of Acts. etc.,

Sch.2.19.         Consultation.

Sch.2.20.         Conferring of powers to include delegation, etc.,

Sch.2.21.         Principles of natural justice.

 

SCHEDULE 3.

 

BOUNDARIES OF BOUGAINVILLE PROVINCE SPECIFIED IN THE SCHEDULE TO THE ORGANIC LAW ON PROVINCIAL BOUNDARIES.

 

SCHEDULE 4.

 

NATIONAL CONSTITUTION PROVISIONS RELATING TO FUNCTIONS AND POWERS OF THE AUTONOMOUS BOUGAINVILLE GOVERNMENT.

 

“290.    Functions and Powers available to the Bougainville Government.

“291.    Functions and Powers of the National Government and of the Bougainville Government in relation to Criminal law.

“292.    Subjects not specified in Section 289, 290 and 291.

“293.    International Obligations, etc. of the State in respect of the Powers and Functions of the Bougainville Government.

“294.    Functions and powers of the Bougainville Government on establishment and within 12 months thereafter.

“295.    Process of Transfer of functions and powers.

“296.    Relationship of National and Bougainville Laws.

“297.    Manner of implementation of transfer of functions and powers.

“298.    National Government Assets and Land.

“299.    Transfer of delegation of functions and powers.

 

 

 

SCHEDULE 5.

 

MATTERS RELATING TO BOUGAINVILLE CONSTITUTIONAL OFFICE-HOLDERS.

 

5.1       Qualifications for appointment as Chief Justice of Bougainville or as a Bougainville Judge.

5.2       Qualifications for appointment as Bougainville Public Prosecutor and Bougainville Public Solicitor.

5.3       Qualifications for appointment as Bougainville Ombudsman.

5.4       Qualifications for Appointment as Bougainville Electoral Commissioner.

5.5       Qualifications for appointment and disqualifications from office as Bougainville Auditor-General.

5.6              Qualifications for appointment as head of other Bougainville Courts.

5.7              Disqualification from office of  certain Bougainville Constitutional office-holders.

5.8              Special conditions of employment of Bougainville Constitutional Office-holders.

5.9              Resignation.

5.10          Annual Reports, etc.,

5.11          Acting Bougainville Constitutional Office-holder.

5.12          Rights on Termination of employment.

 

SCHEDULE 6.

 

IMMUNITY FROM PROSECUTION.

 

6.1       NATIONAL CONSTITUTION PROVISIONS RELATING TO IMMUNITY FROM PROSECUTION.

 

“344.    Immunity from Prosecution.

 

6.2       DECLARATION IN RESPECT OF IMMUNITY.

 

SCHEDULE 7.

 

NATIONAL CONSTITUTION PROVISIONS RELATING TO BOUGAINVILLE REFERENDUM.

 

Bougainville 7. – Bougainville Referendum.

 

“338.    Referendum to be held.

“339.    The Question or questions to be put.

“340.    Manner of Conducting Referendum.

“341.    Referendum to be free and fair.

“342.    Referendum results and implementation.

“343.    Resolution of differences on referendum.

 

 

 

 

 

SCHEDULE 8.

 

NATIONAL CONSTITUTION PROVISIONS RELATING TO INTERGOVERNMENTAL RELATIONS AND REVIEW.

 

“Division 6. – Intergovernmental Relations and Review.

 

“330.    Interpretation.

“331.    Principles of intergovernmental relations.

“332.    Joint Supervisory Body.

“333.    Dispute Resolution Procedure.

“334.    Mediation and Arbitration.

“335.    Dispute resolution in the courts.

“336.    Panel of persons with appropriate expertise.

“337.    Reviews.

 

SCHEDULE 9.

 

TRANSITIONAL PROVISIONS – PART VI OF THE ORGANIC LAW ON PEACE-BUILDING IN BOUGAINVILLE – AUTONOMOUS BOUGAINVILLE GOVERNMENT AND BOUGAINVILLE REFERENDUM.

 

“PART VI. – ADDITIONAL TRANSITIONAL PROVISIONS.

 

“67.      Transfer of assets.

“68.      Former Provincial Laws.

“69.      Saving of contracts, etc.,

“70.      Registration of title of land.

“71.      Pending legal proceedings.

 

SCHEDULE 10.

 

ELECTORAL PROVISIONS RELATING TO THE FIRST GENERAL ELECTION OF PRESIDENT OF THE AUTONOMOUS REGION OF BOUGAINVILLE AND OF MEMBERS OF THE FIRST HOUSE OF REPRESENTATIVES.


THE CONSTITUTION

OF THE

AUTONOMOUS REGION OF BOUGAINVILLE

 

THE PREAMBLE

 

WE, THE PEOPLE OF BOUGAINVILLE, under the sovereignty of God

 

Conscious of the noble heritage and customs of our Ancestors and of the freedom and autonomy which they enjoyed in time immemorial;

Mindful of the restrictions wrought on our freedom, autonomy and customs by colonial aggression, foreign influences and the devastation of foreign wars;

Proud of our long struggle to free ourselves from adverse colonial and foreign influences and to renew our freedom, autonomy and customs;

Chastened by internal conflict that arose during our struggle for freedom;

Recognizing the sacrifice of Bougainvilleans for the causes of autonomy and self-determination;

Heartened by the process of healing, reconciliation and unity pursued during the years of conflict and thereafter;

WE, THE PEOPLE OF BOUGAINVILLE under the sovereignty of God our Father believing and trusting in HIM do now, with His guidance and blessing, hail the dawn of a new era of government for Bougainville to enable us with His help –

(a)               to uphold Christian and similar moral and spiritual principles;  and

(b)               to honour our heritage and ancestral spirits and our worthy customs and traditions;  and

(c)                to provide for the self-determination of the People through both autonomy arrangements and the referendum on independence;  and

(d)               to recognize the sovereignty of the People;  and

(e)                to recognize the autonomy of family and clan lineages and other customary communities;  and

(f)                 to govern through democracy, accountability, equality and social justice;  and

(g)               to protect the land, the sea, our environment and our cultural identity for present and future generations;  and

(h)               to strive to eliminate universal problems in Bougainville of poverty, illiteracy, corruption, pollution, unemployment, overpopulation and other ills;  and

(i)                 to meet the obligations of Bougainvilleans under this Constitution and in particular to uphold this Constitution with dignity and integrity; and

(j)                 to provide for the legislative, executive and judicial powers of the People of Bougainville to be vested in the respective arms of an Autonomous Bougainville Government;

WE, THE PEOPLE OF BOUGAINVILLE ACTING UNDER THE AUTHORITY OF OUR TRADITIONAL CLAN SYSTEM AND LEADERSHIP DO NOW THEREFORE DECLARE

that we, having resolved to enact a Constitution for the Autonomous Region of Bougainville,

AND ACTING with the guidance of God through decision of our representatives in the Bougainville Constituent Assembly on the Twelfth day of November 2004, following consultation with the People through our Bougainville Constitutional Commission HEREBY, under the authority of the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution, ESTABLISH, ADOPT AND GIVE TO OURSELVES this Constitution –

 

to come into effect in the following manner:–

(a)               on the day following the date of publication of this Constitution in the National Gazette following its endorsement by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, Part XXV (First Bougainville General Election and First Meeting of House of Representatives) shall come into operation, together with such other provisions as are necessary to enable the first general election of the President and members of the House of Representatives to take place;  and

(b)               on the day fixed for the return of the writs in the first general election of the President and members of the House of Representatives, the remainder of this Constitution shall come into operation.

 

                        PART I.  -  BOUGAINVILLE.

 

1.         AUTONOMOUS REGION OF BOUGAINVILLE.

            (1)        Bougainville is made up of –

(a)        the areas of land within the boundaries specified in Schedule 3 (the boundaries of Bougainville Province specified in the Schedule to the National Organic Law on Provincial Boundaries) to this Constitution;  and

(b)        the areas of sea extending to three nautical miles from the low water mark of the areas of land referred to in Paragraph (a).

 

(2)        Bougainville shall be known –

                        (a)        formally, as "The Autonomous Region of Bougainville";  and

                        (b)        otherwise, as "Bougainville".

 

            (3)        The Autonomous Bougainville Government will keep under review the question of the name of Bougainville and whether any change should be made to it.

 

            (4)        The Autonomous Bougainville Government may consult with the National Government in accordance with the Bougainville Peace Agreement concerning an extension of Bougainville’s maritime boundaries.

 

 

 

 

 

2.         AUTONOMOUS BOUGAINVILLE GOVERNMENT.

            The government established for the Autonomous Region of Bougainville by this Constitution shall be known as the "Autonomous Bougainville Government".

 

3.         JURISDICTION OF AUTONOMOUS BOUGAINVILLE GOVERNMENT.

            The Autonomous Bougainville Government has jurisdiction only over the Autonomous Region of Bougainville in accordance with this Constitution and the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution.

 

4.         SYMBOLS OF THE AUTONOMOUS REGION OF BOUGAINVILLE.

            (1)        A Bougainville law may make provision for and in respect of all or any of the following: –

                        (a)        a Bougainville Flag;

                        (b)        a Bougainville Emblem;

(c)                a Bougainville Motto;

(d)               a Bougainville Seal;

                        (e)        a Bougainville Pledge;

(f)        a Bougainville Anthem;

(g)        a Bougainville style of dress;

(h)        symbols, awards, holidays or days of celebration, fitting to symbolize the Autonomous Region of Bougainville or to honour persons, places or events relating to the Autonomous Region of Bougainville or to the Autonomous Bougainville Government.

 

            (2)        Wherever possible, the symbols of Bougainville provided for in Subsection (1) shall be of a character and kind unique to Bougainville.

 

5.         AUTONOMOUS REGION OF BOUGAINVILLE CAPITAL.

(1)        Subject to Subsection (2), a Bougainville law made by an absolute majority vote shall determine the location of the capital of the Autonomous Region of Bougainville.

 

            (2)        The choice of the location of the capital and the planning of its development should take full account of the need to ensure that the capital does not contribute to the development of the universal problems and ills referred to in Paragraph (h) of the Preamble and is as accessible as possible to the People.

 

6.         DECLARATION OF LOYALTY TO BOUGAINVILLE.

            (1)        When a Bougainville law requires a Declaration of Loyalty to Bougainville to be made, it shall be in the form in Schedule 1 (Declaration of Loyalty to Bougainville) to this Constitution.

 

            (2)        A person appointed to an office established by this Constitution or as otherwise required by a Bougainville law, shall, before entering upon the duties or exercising any of the powers of his office, make the Declaration of Loyalty to Bougainville.

 

            (3)        A Declaration of Loyalty to Bougainville shall be made before a Judge of the Bougainville High Court, a Judge of the National Court or a Magistrate.

 

7.         BOUGAINVILLEAN.

(1)               A person –

(a)     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

(b)     who is married (whether by law or custom) to a person to whom Paragraph (a) applies; or

(c)     who is a child one of whose parents is a Bougainvillean by virtue of Paragraph (a),

is a Bougainvillean.

 

(2)               A Bougainville law, made by an absolute majority vote, may make provision for the alleviation of special cases of injustice or hardship or disadvantage arising as a result of the application of Subsection (1)(c).

 

(3)               For the purposes of Subsection (1)(a), a person who was not born in Bougainville, or who is not of Bougainvillean descent or who is a non-citizen may be adopted as a member of a Bougainville clan according to custom.

 

(4)        A Bougainville law, made by an absolute majority vote, shall make

provision for all or any matters relating to this section including –

(a)               the nature of providing evidence of customary practices; and

(b)               the nature of providing evidence of birth outside Papua New Guinea; and

(c)                all matters relevant to the consequences of dissolution of a marriage involving a person to whom Subsection (1) refers; and

(d)               all other matters arising from the provisions of this section.

 

8.         OWNERSHIP OF CUSTOMARY LAND AND ELECTIONS.

             (1)       A Bougainvillean (and no other person) in accordance with this Constitution and Bougainville laws –

(a)        in accordance with custom, may own customary land in Bougainville;  and

(b)        who is a citizen, may be a candidate in any election to the House of Representatives and any other elected body established by or under this Constitution;  and

(c)                who is a citizen, may vote in any election referred to in Paragraph (b).

 

             (2)       A Bougainville law, made by an absolute majority vote, may make provision for a citizen, who is not eligible under Subsection (1)(b) to be a candidate for

election or who is not eligible under Subsection (1)(c) to vote, but who has such residential or other qualifications as are set out in the law, to be a candidate for election or to vote.

 

9.         OBLIGATIONS OF A BOUGAINVILLEAN.

            (1)        A Bougainvillean has an obligation –

(a)               to be loyal to Bougainville and to protect its well-being;  and

(b)        to uphold all Christian and similar moral and spiritual principles;  and

(c)        to promote reconciliation and healing throughout Bougainville;                            and

(d)        to respect, to act in the spirit of, to uphold and to defend this Constitution;  and

(e)        to engage in gainful work for the good of himself, his family and the common good;  and

(f)        to contribute to the well-being of the community where that Bougainvillean lives;  and

                        (g)        to promote responsible parenthood;  and

(h)               to live in harmony with others;  and

(i)                 to promote democracy and the rule of law;  and

(j)                 to protect and manage the land and to protect the environment and

his culture;  and

(k)               as a child, to obey his parents.

 

(2)        The provisions of Subsection (1) are non-justiciable.

 

PART II. – SCHEDULES REPEATING CERTAIN PROVISIONS OF NATIONAL CONSTITUTIONAL LAWS.

 

10.       SCHEDULES REPEATING CERTAIN PROVISIONS OF NATIONAL CONSTITUTIONAL LAWS.

(1)               The Schedules to this Constitution listed in Subsection (2) –

(a)               set out certain provisions of National Constitutional Laws which implement parts of the Bougainville Peace Agreement;  and

(b)               are included in this Constitution for ease of reference only;  and

(c)                shall, where any amendment to the National Constitutional Laws in respect of those provisions is made by the National Parliament in accordance with Division XIV.9 (Miscellaneous) of the National Constitution, be deemed to be amended accordingly;  and

(d)               shall not otherwise be amended.

 

(2)               The Schedules to this Constitution which set out certain

provisions of National Constitutional Laws which implement parts of the Bougainville Peace Agreement are as follows:

(a)               Schedule 3 (the boundaries of Bougainville Province specified in the Schedule to the Organic Law on Provincial Boundaries);

(b)               Schedule 4 (National Constitution provisions relating to functions and powers of the Autonomous Bougainville Government);

(c)                Schedule 6.1 (National Constitution provisions relating to immunity from prosecution);

(d)               Schedule 7 (National Constitution provisions relating to the Bougainville Referendum);

(e)                Schedule 8 (National Constitution provisions relating to intergovernment relations and review);

(f)                 Schedule 9 (Transitional provisions in the Organic Law on Peace-Building in Bougainville – Autonomous Bougainville Government and Bougainville Referendum).

 

                        PART III. BOUGAINVILLE OBJECTIVES AND DIRECTIVE

                                             PRINCIPLES.

 

11.       PROVISIONS OF THIS PART NON-JUSTICIABLE.

            The provisions of this Part are non-justiciable.

 

12.       IMPLEMENTATION OF OBJECTIVES.

(1)              The Bougainville Objectives and Directive Principles set out in this

Part shall guide the Autonomous Bougainville Government, all other levels of government formal and informal, Bougainville governmental bodies, all officers and employees of the foregoing, all people, organizations and other bodies and persons in Bougainville–

(a)              in applying or interpreting this Constitution; and

(b)              in making and in implementing policy decisions; and

(c)               in making laws,

but always so as to be in compliance with the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution.

 

            (2)        The President shall, at least once in each year, report to the House of Representatives on all steps taken to ensure the realization of the Bougainville Objectives and Directive Principles, and the House of Representatives shall thereafter debate on the report and in so doing should seek to identify ways in which implementation by the Autonomous Bougainville Government might be made more effective.

 

13.       STRENGTHENING OF CUSTOMARY AUTHORITY.

(1)        The clan structure and customary leadership of Bougainvillean communities shall be recognized and strengthened.

 

            (2)        The roles, responsibilities and authority of traditional chiefs and other traditional leaders shall be recognized at all levels of government.

 

            (3)        The family and the clan shall be recognized as the natural and basic units of Bougainville society.

 

            (4)        The customary system of justice in Bougainville based on the restoration of peace through the restoration of harmony in relationships between people shall be recognised and reinforced to the extent not contrary to Christian principles.

 

14.       DEMOCRATIC PRINCIPLES.

            (1)        Government in Bougainville shall be based and structured on democratic principles which empower and encourage the active participation of all Bougainvilleans at all levels in their own governance both formal and customary.

 

            (2)        All Bougainvilleans shall have the opportunity to attain leadership positions at all levels subject to this Constitution and customary practices.

 

            (3)        The Autonomous Bougainville Government shall devolve governmental functions and powers to the People at appropriate levels and particularly to customary communities.

 

            (4)        The composition of the Autonomous Bougainville Government shall be broadly representative of the Bougainville community.

 

(5)               The Autonomous Bougainville Government shall develop procedures to

enable consultation with all people in Bougainville, as far as is practicable, in relation to proposed major new Bougainville laws.

 

15.       PURSUIT OF PEACE, REHABILITATION, RECONCILIATION AND HARMONY.

(1)        In order to achieve and maintain peace at all times, mediation, reconciliation and harmony shall at all times be pursued as means of resolving disputes, and the use of violence shall be avoided.

 

            (2)        There shall be established and encouraged institutions and procedures for the promotion of mediation, reconciliation and harmony and the avoidance and resolution of conflicts.

 

(3)        All people in Bougainville

(a)               shall not be involved in any para-military activities;  and

(b)               shall work towards ensuring that Bougainville is free of all firearms and of crime.

 

(4)        The Autonomous Bougainville Government shall strive to ensure that Bougainville is not used in any way to support terrorism or money-laundering  or other trans-national crimes and no people in Bougainville should support or assist terrorism or money-laundering or other trans-national crimes.

 

(5)               Rehabilitation for persons who suffered from injuries and trauma and

dislocation during the Bougainville conflict shall be encouraged.

 

(6)        When planning their activities in Bougainville, Bougainville governmental bodies and non-governmental bodies and investors shall be encouraged to take account of the need for rehabilitation of persons who suffered from injuries and trauma and dislocation during the Bougainville conflict.

 

16.       UNITY AND STABILITY OF BOUGAINVILLE.

            (1)        The Autonomous Bougainville Government, all other levels of government, formal and informal, Bougainville governmental bodies, all officers and employees of the foregoing, all people in Bougainville, organizations and other bodies and persons shall work towards the promotion of unity, peace and stability in Bougainville.

 

            (2)        Every effort will be made to integrate all the communities in Bougainville while recognising and respecting cultural diversity.

 

            (3)        Everything shall be done to promote among all people in Bougainville a culture of co-operation, understanding, appreciation, tolerance and respect for different customs, traditions and beliefs.

 

            (4)        The Autonomous Bougainville Government shall provide a peaceful, secure and stable political environment for economic and social development.

 

17.       AUTONOMY AND TERRITORIAL INTEGRITY OF BOUGAINVILLE.

            (1)        The Autonomous Bougainville Government and all people in Bougainville shall display and promote respect for the autonomy and territorial integrity of Bougainville.

 

            (2)        The Autonomous Bougainville Government and all people in Bougainville shall endeavour to strengthen political, economic and social spheres to avoid undue dependence on places and institutions outside Bougainville.

 

            (3)        The Autonomous Bougainville Government shall encourage self-sufficiency and to this end shall encourage  the creation of economic opportunities for Bougainvilleans.

 

            (4)        The Autonomous Bougainville Government shall endeavour to mobilise, organize and empower all people in Bougainville to build self-reliant foundations for the development of Bougainville.

 

18.       ASSISTANCE TO INSTITUTIONS PROTECTING AND SUPPORTING HUMAN RIGHTS, ETC.,

(1)        The Autonomous Bougainville Government shall guarantee and respect institutions which are charged by this Constitution with the responsibility for protecting and promoting human rights by providing them with adequate resources to function effectively.

 

            (2)        The Autonomous Bougainville Government shall guarantee and respect the independence of non-governmental organizations which protect, promote and advance human rights.

 

19.       FAIR REPRESENTATION OF WOMEN AND MARGINALIZED GROUPS.

There shall be fair representation of women and marginalized groups on all constitutional and other bodies.

 

20.       WELFARE OF WIDOWS, CHILDREN, ORPHANS, THE AGED AND THE DISABLED.

The customary practices of provision of care for widows, children, orphans, the aged and the disabled shall be encouraged.

 

21.       PROVISION OF ADEQUATE RESOURCES FOR GOVERNMENT.

The distribution of powers as well as checks and balances provided for in this Constitution among various institutions of Government shall be supported through the provision of adequate resources for their effective functioning at all levels.

 

22.       GENERAL SOCIAL AND ECONOMIC OBJECTIVES.

The Autonomous Bougainville Government shall endeavour to fulfil the fundamental rights of all people in Bougainville to social justice and economic development and shall, in particular, ensure that –

(a)                all governmental efforts are directed at ensuring the maximum social, cultural and spiritual well-being of all people in Bougainville;  and

(b)                all people in Bougainville enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing and food security.

 

23.       THE LAND AND NATURAL RESOURCES.

(1)        The laws and policies of Bougainville shall be directed towards the recognition of customary rights of the People of Bougainville in relation to the land and the sea and natural, mineral and oil resources of Bougainville and any law relating to the development of such resources shall take that into account.

 

            (2)        The utilization of the land and the sea and natural resources of Bougainville shall be managed in such a way as to meet the development and environmental needs of present and future generations of the People of Bougainville and the Autonomous Bougainville Government shall take all possible measures to prevent or minimize damage and destruction to land, seas, air and water resources from pollution or other causes.

 

24.       DEVELOPMENT.

(1)        In order to facilitate development, private initiative and self-reliance shall be encouraged.

 

(2)        The Autonomous Bougainville Government and all other levels of government, formal and informal, shall take all necessary steps to involve all people in Bougainville in the identification of their real development needs and the formulation and implementation of development plans and programmes which affect them, and all people in Bougainville shall support such plans and programmes and shall, where necessary, make land available for the provision of services and other development purposes.

 

(3)                The Autonomous Bougainville Government shall –

(a)               adopt an integrated and co-ordinated planning approach to development;  and

(b)               take necessary measures to bring about appropriate balanced development of the different areas of Bougainville;  and

(c)        take special measures in favour of the development of the least developed areas.

 

(4)                The Autonomous Bougainville Government shall –

(a)               give priority to the enactment of legislation to establish measures to protect and enhance the quality of opportunity for all people in Bougainville to equal opportunities in development;  and

(b)        adopt policies to stimulate appropriate development.

 

(5)                The Autonomous Bougainville Government shall develop procedures to

enable Bougainvilleans likely to be affected by a proposed major development project to be consulted by the Autonomous Bougainville Government and by the developer before a decision on the establishment of the project is made.

 

25.       HUMAN RESOURCE DEVELOPMENT.

            In recognition of the shortage of the trained personnel who will be needed to develop Bougainville and implement autonomy, the Autonomous Bougainville Government shall encourage human resource development.

 

26.       TRANSPORT INFRASTRUCTURE.

            In respect that Bougainville is made up of diverse terrain and many island communities, the Autonomous Bougainville Government shall, as a priority, facilitate the development of the transport infrastructure of Bougainville so as to give all Bougainvilleans, wherever they may live, ready access to transport for themselves, their produce and other goods.

 

27.       THE ENVIRONMENT AND CONSERVATION.

(1)        The Autonomous Bougainville Government and all other levels of government, formal and informal, shall promote sustainable development and public awareness of the need to conserve and manage land, air, sea and water resources in a balanced and sustainable manner for the present and future generations.

 

(2)        The Autonomous Bougainville Government shall promote and implement energy policies that will ensure that the basic needs of all people in Bougainville and those of environmental preservation are met.

 

(3)        The Autonomous Bougainville Government shall pursue protection of the environment and the restoration of damage caused by mining operations and other major resource projects.

 

            (4)        The Autonomous Bougainville Government shall ensure protection of the flora and fauna of Bougainville.

 

28.       RECOGNITION OF THE ROLE OF WOMEN IN BOUGAINVILLE SOCIETY.

The role and welfare of women in traditional and modern Bougainville society shall be recognized and encouraged and shall be developed to take account of changing circumstances.

 

29.       CHILDREN AND YOUTH AS THE FUTURE OF BOUGAINVILLE.

            The Autonomous Bougainville Government shall recognize children and youth as the future of Bougainville, and shall develop policies to ensure the integration of children and youth more fully into their communities and to groom them for their future role in Bougainville society.

 

30.       RECOGNITION OF THE DIGNITY OF PERSONS WITH DISABILITIES.

The right of persons with disabilities to respect and human dignity shall be recognized and protected.

 

31.       MUSIC, THE ARTS AND SPORTS.

The Autonomous Bougainville Government shall promote music, the arts  and sports (including traditional sports and games) for all people in Bougainville.

 

32.       EDUCATION OBJECTIVES.

(1)               The Autonomous Bougainville Government shall strive to achieve –

(a)          universal primary, secondary, and adult education;  and

(b)          the provision, from elementary and primary level, of the widest possible range of technical education (relevant to the needs of Bougainville from time to time); and

(c)          appropriate levels of tertiary education,

of the highest possible standard, and directed to enable all students to participate fully in the lives of the Bougainville communities to which they belong, and in pursuing those objectives, the Autonomous Bougainville Government should work in partnership with other bodies involved in the provision of education services in Bougainville.

 

            (2)        One of the aims of the education system should be to ensure that all children, throughout the primary and secondary levels of education, are taught to read and write in their vernacular and are taught about their own culture.

 

            (3)        The Autonomous Bougainville Government shall consult on an ongoing basis with traditional chiefs, other traditional leaders and other community leaders about the development and effectiveness of the curriculum in all levels and kinds of education.

33.       MEDICAL SERVICES AND HEALTH CARE.

The Autonomous Bougainville Government shall take all practical measures –

(a)               to promote primary health care;  and

(b)               to pursue universal health care of the highest standard;  and

(c)                to ensure the provision of basic medical services to the population; 

and

(d)               to promote water and sanitation management systems at all levels; 

and

(e)                to encourage people to grow and store adequate food;  and

(f)                 to encourage and promote proper nutrition, particularly for the

young and the people of the Atolls, through mass education and

other means;  and

(g)        to recognize herbal medicines,

and in pursuing those objectives, the Autonomous Bougainville Government should work in partnership with other bodies involved in the pursuit of those objectives in Bougainville.

 

34.       HIV/AIDS.

            The Autonomous Bougainville Government shall make the fight against HIV/AIDS and its threat to the clans and to the future of Bougainville a major priority.

 

35.       PARTNERSHIP WITH CHURCHES, LOCAL NON-GOVERNMENT ORGANIZATIONS AND OTHER ORGANIZATIONS.

            (1)        The Autonomous Bougainville Government should acknowledge the harmonious partnership developed in the past with the three main churches in Bougainville in the development and provision of services and should strive to ensure partnership with both them and other churches and local non-government organizations and other organizations in the future development and provision of services to all people in Bougainville.

 

            (2)        The Autonomous Bougainville Government should maintain and develop a close relationship with the business sector in the development of the economy and of employment opportunities in Bougainville.

 

36.       NATURAL DISASTERS.

The Autonomous Bougainville Government shall institute an effective machinery for dealing with any emergency or hazard or disaster arising out of natural calamities or any situation resulting in general displacement of people or serious disruption of normal life.

 

37.       CULTURAL OBJECTIVES.

             (1)       Customary values and practices which enhance the dignity and well-being of Bougainvilleans shall be recognized, promoted and preserved.

 

(2)        The development, preservation and enrichment of all Bougainville languages shall be encouraged.

 

(3)        Historical and ancestral sites, significant artefacts and Bougainville’s heritage shall be preserved and protected.

 

38.       ACCOUNTABILITY.

(1)               All public offices shall be held in trust for the People.

 

(2)               All persons in positions of leadership and responsibility are, in

their work, answerable to the People in accordance with law.

            (3)        The Autonomous Bougainville Government shall take all lawful measures to ensure accountability in Government and to expose and eradicate corruption and abuse or misuse of power.

 

39.       RIGHTS OF WORKERS AND EMPLOYEES.

            The Autonomous Bougainville Government shall recognize and promote the protection of the rights of workers and employees.

 

                        PART IV. STRUCTURE OF GOVERNMENT.

 

                                    Division 1. General.

 

40.       STRUCTURE AND LEVELS OF GOVERNMENT.

            Government in Bougainville shall consist of –

(a)        the Autonomous Bougainville Government in accordance with Division 2 (Autonomous Bougainville Government);  and

(b)        a level or levels of formal government below the level of the Autonomous Bougainville Government in accordance with Division 3 (other levels of formal government); and

(c)        the traditional system of government in accordance with Division 4 (traditional system of government).

 

                        Division 2. Autonomous Bougainville Government.

 

41.       AUTONOMOUS BOUGAINVILLE GOVERNMENT.

            (1)        Until any change in the status of Bougainville that may occur following the Bougainville Referendum, in accordance with and subject to –

(a)        the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution;  and

(b)        this Constitution,

the power, authority and jurisdiction of the People of Bougainville shall be exercised, on behalf of the People, by the Autonomous Bougainville Government.

 

(2)        The Autonomous Bougainville Government consists of three principal arms, namely –

(a)        the Bougainville Legislature consisting of the House of Representatives as established under Section 55 (establishment and composition of the House of Representatives);  and

(b)        the Bougainville Executive Council, for which provision is made in Part VI (the Bougainville Executive); and

(c)        the Bougainville Courts, for which provision is made in Part IX (Administration of Justice),

and such other institutions as are established by or under this Constitution.

 

            (3)        In principle, the respective powers and functions of the three principal arms shall be kept separate from each other.

 

            (4)        Subsection (3) is descriptive only and is non-justiciable.

 

42.       FUNCTIONS AND POWERS OF THE AUTONOMOUS BOUGAINVILLE GOVERNMENT.

(1)        The functions and powers of the Autonomous Bougainville Government are as contained in the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution and the main functions and powers are set out in full in Schedule 4 (National Constitution provisions relating to functions and powers of the Autonomous Bougainville Government) to this Constitution.

 

            (2)        The Autonomous Bougainville Government may establish such institutions as are necessary to enable it to fulfil its functions and exercise its powers.

 

43.       FACTORS TO BE CONSIDERED BY AUTONOMOUS BOUGAINVILLE

GOVERNMENT BEFORE REQUESTING A TRANSFER OF A FUNCTION OR POWER, ETC.,

            (1)        Before –

(a)               initiating the procedure for the transfer of a function or power under Section 295(b) (process of transfer of functions and powers) of the

National Constitution; or

(b)               making legislative provision for plebiscites under Section 195 (consultation through plebiscite); or

(c)                conducting a plebiscite under Section 195 (consultation through plebiscite); or

(d)               making legislative provision for participation in, and poll for, law-making under Section 196 (participation in, and poll for, law-making); or

(e)                engaging in the consultation to be carried out under Section 196 (2)(c) (participation in, and poll for, law-making) following the making of a proposal to make a law; or

(f)                 establishing an institution or office (including a Bougainville Government Service) left by this Constitution to the discretion of the

House of Representatives (including the duty imposed on the Autonomous Bougainville Government by Section 192 (provision of facilities, etc.,) to ensure that staff and facilities are provided to Bougainville Constitutional Institutions and Bougainville Constitutional Office-holders); or

(g)               the appointment, under Section 83 (appointment of other members), of members of the Bougainville Executive Council referred to in Section 80(1)(f) (membership of the Bougainville Executive Council); or

(h)               the establishment of a system of assessors under Section 136(1)(a) (juries and assessors); or

(i)                 the establishment of a system of juries under Section 136(1)(b) (juries and assessors),

the Autonomous Bougainville Government shall –

(j)         consider the relative importance to the People of Bougainville of the issue in question; and

(k)        consider the need for the Autonomous Bougainville Government to achieve fiscal self-reliance as soon as possible;  and

(l)         consider the need to promote economic development so as to accelerate the achievement of fiscal self-reliance and promote the well-being of the People of Bougainville;  and

(m)       consider the desire of the People of Bougainville for a peaceful and harmonious society;  and

(n)        consider the need to develop the capacity of the administration of the Autonomous Bougainville Government to the point at which it can manage effectively the widest possible range of powers, functions, plebiscites and polls for the betterment of the lives of the People of Bougainville; and

(o)        consider the need to promote reconciliation and healing following the Bougainville conflict;  and

(p)        consider the possible role of traditional chiefs and other traditional leaders in relation to the issue in question; and

(q)        consider whether offices in an institution or office referred to in Paragraph (f) should be filled on a part-time or full-time basis.

 

            (2)        The question as to whether the matters referred to in Subsection (1)(j) to (q) have been considered or taken account of fully, as the case may be, is non-justiciable.

 

(3)               Where a proposal to effect the matters referred to in Subsection (1)(b), (d), (f),(g),(h) or (i) is initiated –

(a)        by the Bougainville Executive Council – the proposal shall be accompanied by a statement of the estimated needs, costs, capacity and other resource requirements as specified in Subsection (1)(j) to (q); or

(b)               by a member of the House of Representatives – the proposal shall not be considered until the presentation of a statement (which shall be provided, on the request of the member, by the Autonomous Bougainville Government, within a time specified in a Bougainville law) of the estimated needs, cost, capacity and other resource requirements as specified in Subsection (1)(j) to (q).

 

(4)        The provisions of this section are in addition to, and do not derogate from, the provisions of Division XIV.3 (division of functions and powers between National Government and Bougainville Government and transfer of functions and powers to Bougainville Government) of the National Constitution.

 

 

 

44.       LAND MATTERS.

(1)               The Autonomous Bougainville Government shall, as soon as is practicable, develop a land policy for Bougainville and in this regard shall –

(a)        as far as is practicable, recognise the roles of traditional chiefs, other traditional leaders and owners of customary land in relation to customary land matters;  and

(b)        as far as is practicable, incorporate customary practices and norms into the development and implementation of land law in Bougainville;  and

(c)        formulate strategies in relation to alienated land;  and

(d)        provide for records of land ownership; and

(e)        provide for the protection of the customary powers of heads of matrilineal and patrilineal societies and of customary owners in relation to customary land.

 

(2)        In developing a land policy under Subsection (1), the Autonomous

Bougainville Government shall ensure that its proposals comply with Section 53 (protection from unjust deprivation of property) of the National Constitution.

 

45.       CRIMINAL LAW.

            (1)        The Autonomous Bougainville Government may develop a criminal law policy for Bougainville and in this regard shall, as far as is practicable –

(a)        take full account of and encourage continued reliance on the roles of traditional chiefs and other traditional leaders in resolving disputes and criminal matters at the village or local level;  and

(b)        incorporate customary practices and norms into the development and implementation of criminal law in Bougainville.

 

(2)        In accordance with Paragraphs 128 to 130 of the Bougainville Peace Agreement, the Autonomous Bougainville Government and the National Government shall establish a joint commission to examine and report on the issues involved in giving the Autonomous Bougainville Government power to make laws permitting courts or Councils of Elders to require clan-groups, to which persons convicted of criminal offences belong, to meet customary non-custodial obligations, and such commission shall have full regard for –

(a)        the aspiration of Bougainvilleans for the integration of custom and introduced law;  and

(b)        the national human rights regime;  and

(c)        the justice system in Bougainville and in Papua New Guinea as a whole;  and

(d)        the international human rights system and other relevant aspects of international law.

 

46.       FOREIGN AFFAIRS.

Where the Autonomous Bougainville Government decides to arrange for: –

(a)        the attendance of a representative of Bougainville as an observer to meetings of regional organizations; or

(b)        the inclusion of a representative nominated by the Autonomous Bougainville Government in National Government delegations to regional meetings and organizations of clear special interest to Bougainville; or

(c)        the participation or direct engagement of the Autonomous Bougainville Government in the negotiation of international agreements of particular relevance to Bougainville; or

(d)        the participation or engagement by Bougainville in international cultural exchanges and in trade, investment, tourism promotion and sport at international level; or

(e)        the obtaining, by or on behalf of the Autonomous Bougainville Government, of foreign aid to support restoration and development in Bougainville,

it shall consult with the National Government in accordance with the Bougainville Peace Agreement.

 

47.       FISHERIES.

             The Autonomous Bougainville Government may exercise its powers in relation to fisheries under Paragraphs 85, 86, 87 and 88 of the Bougainville Peace Agreement and accordingly may –

(a)       develop a policy or policies for developing and managing fisheries in Bougainville;  and

(b)       agree with the National Government on the quota of domestic fishing licences for highly migratory and straddling fish stocks;  and

(c)       decide on the allocation of the agreed quota of domestic fishing licences for highly migratory and straddling fish stocks;  and

(d)       be responsible for the sustainable management of other fisheries in the Autonomous Region of Bougainville;  and

(e)       consult with the National Government in accordance with the Bougainville Peace Agreement to be represented on –

(i)      delegations negotiating access and other fisheries agreements regarding;  and

(ii)     bodies responsible for determining total allowable catches, licence numbers and reservation of licences for domestic fisheries in,

Bougainville waters and within the Exclusive Economic Zone and the continental shelf associated with Bougainville.

 

48.       UNDERLYING LAW.

(1)               Subject to Subsection (2), the underlying law of Papua New Guinea

as at the date of the coming into operation of this Constitution shall be the underlying law of the Autonomous Region of Bougainville.

 

            (2)        A Bougainville law may –

(a)        declare what constitutes the underlying law of the Autonomous Region of Bougainville;  and

(b)        provide for the development of the underlying law of the Autonomous Region of Bougainville,

and the underlying law referred to in Subsection (1) shall be modified or re-affirmed or developed accordingly.

 

Division 3. – Other levels of formal Government.

 

49.       OTHER LEVELS OF FORMAL GOVERNMENT.

            (1)        The Autonomous Bougainville Government shall develop a level or levels of formal government, below the level of the Autonomous Bougainville Government, and this Constitution or further amendment of this Constitution or Bougainville laws shall make provision for all aspects of such level or levels of formal government.

 

            (2)        The Councils of Elders in existence immediately before the coming into operation of this Constitution are recognized by this Constitution as a level of formal government below the level of the Autonomous Bougainville Government.

 

            (3)        In developing a level or levels of formal government under Subsection (1), the Bougainville Executive Council shall take into account the methods of government which will best serve the People of Bougainville and the variations in circumstances and needs in various parts of Bougainville.

 

            (4)        In principle, the following factors shall apply to and in respect of a level or levels of formal government below the level of the Autonomous Bougainville Government:

(a)               formal governments shall be mainly elective, but shall recognize the traditional role in governance of traditional chiefs and other traditional leaders;

(b)               the principles of fiscal self-reliance shall apply to all levels of formal government;

(c)                revenue-raising powers shall be given to all levels of formal government;

(d)               judicial powers shall be vested in all levels of formal government;

(e)                where appropriate and practicable, traditional systems of governance shall be incorporated into levels of formal government.

 

(5)        The Autonomous Bougainville Government shall strive to ensure and encourage communication and co-operation between –

(a)        itself and all levels of formal government below the level of the Autonomous Bougainville Government;  and

(b)        all levels of formal government below the level of the Autonomous Bougainville Government,

and to this end shall hold an annual conference of the Heads of all levels of formal Governments.

 

 

 

50.       REGIONAL GOVERNMENT.

(1)               The Autonomous Bougainville Government shall, when it considers it to be

financially practicable and possible, develop, in accordance with this Division, a level of Regional Government for each of the following Regions of Bougainville:

(a)               North Region;

(b)               Central Region;

(c)                South Region,

and may thereafter divide the level of Regional Government into further Regions.

 

(2)               The questions whether, under Subsection (1), it is financially practicable

and possible to develop a level of Regional Government, are non-justiciable.

 

            (3)        The level of Regional Government shall be provided for by amendment of this Constitution or by a Bougainville law (or partly by amendment of this Constitution and partly by a Bougainville law).

 

(4)        Amendment of this Constitution or a Bougainville law shall provide –

(a)               that the procedures to establish a Regional Government for a Region shall be initiated by a request made to the Bougainville Executive Council by a majority of the members of the House of Representatives representing constituencies in that Region; and

(b)               that on the receipt of a request under Paragraph (a), the Bougainville Executive Council and the members of the House of Representatives representing constituencies in that Region shall –

(i)                  jointly consider –

(A)                    the financial capacity of the Region; and

(B)                    the powers and functions drawn down from the National Government; and

(C)                    the impact which the establishment of the Regional Government would have on Bougainville as a whole; and

(ii)                jointly decide whether there should be a Regional Government for the Region; and

(c)                make provision for the establishment, powers and functions of a Regional Government.

 

Division 4. – Traditional Systems of Government.

 

51.       TRADITIONAL SYSTEMS OF GOVERNMENT.

            (1)        Traditional systems of government and the roles and responsibilities of traditional chiefs and other traditional leaders and of the clan system, as custodians of custom and tradition and in matters relating to the governance of their communities generally, shall be recognized, wherever practicable and possible, by all levels of government in Bougainville.

 

            (2)        The roles and responsibilities of traditional chiefs and other traditional leaders referred to in Subsection (1) include matters relating to customary land, preservation of the environment, family matters, dispute resolution and the maintenance of peace and good order.

 

            (3)        The Autonomous Bougainville Government shall support and assist traditional chiefs and other traditional leaders in developing understanding of their roles, responsibilities and powers and the skills necessary for effective and responsible exercise of those roles, responsibilities and powers in the interest of their communities.

 

            (4)        The Autonomous Bougainville Government, in consultation with representatives of traditional chiefs and other traditional leaders, shall assist traditional chiefs and other traditional leaders in identifying their powers and obligations and by making laws in that regard to the extent that such matters need to be dealt with by law.

 

            (5)        In particular, the roles of traditional chiefs, other traditional leaders and traditional practices shall be recognized in relation to the following provisions of this Constitution:

(a)        Section 13 (strengthening of customary authority);

(b)        Section 20 (welfare of widows, children, orphans, the aged and the disabled);

(c)        Section 37 (cultural objectives);

(d)        Section 43(p) (factors to be considered by Autonomous Bougainville Government before requesting a transfer of a power or function);

(e)        Section 44 (land matters);

(f)        Section 45 (criminal law);

(g)        Section 49(2) and (4)(a) and (e) (other levels of formal government);

(h)        Section 52 (Advisory Body);

(i)         Section 115(2) (alternative dispute resolution);

(j)        Section 121(1)(c) and (6) (Bougainville Judicial Appointments Committee);

(k)        Section 126(2) (establishment of other courts);

(l)         Section 136(a)(i) (juries and assessors);

(m)       Section 148(2)(d) (Bougainville Police Service);

(n)        Section 153(1)(e)(i) (general principles relating to finances and financial management);

(o)        Section 165(4)(b) (the Bougainville Ombudsman);

(p)        Section 170 (customary standards of leadership);

(q)        Section 186 (customary methods of dealing with human rights abuses);

(r)        Section 187(2) (issues arising from the Bougainville conflict);

(s)        Section 198 (general approach to certain emergencies);

(t)        Section 217(4)(b) and (5)(b) (ii) (requirements for amendment of Part XIV (Bougainville Government and Bougainville Referendum) of National Constitution, etc.,);

(u)        Section 218(1)(a)(iii) (National Constitutional Regulations);

(v)        Section 219(4)(b) (making of alterations to this Constitution).

 

(6)        It is the duty of all levels of government in Bougainville and of all

Bougainville governmental bodies and of officers of such levels of government and governmental bodies and of Bougainville Constitutional Office-holders to ensure, as far as is within their respective powers, compliance with this section.

 

52.       ADVISORY BODY.

            (1)        An Advisory Body, consisting of representatives of traditional chiefs and other traditional leaders may be established by a Bougainville law at a date after the coming into operation of this Constitution.

 

(2)        The date referred to in Subsection (1) shall be a date after –

(a)               the efforts by the Autonomous Bougainville Government to achieve fiscal self-reliance have progressed to the point where the establishment of an Advisory Body by the Autonomous Bougainville Government is sustainable; and

(b)               arrangements for the organization of selection of representatives of traditional chiefs and other traditional leaders have been made that will facilitate the establishment of the Advisory Body.

 

(3)        The principal functions of the Advisory Body shall be to advise the Bougainville Executive Council and the House of Representatives on –

(a)               matters of importance referred to it by the House of Representatives or by the Bougainville Executive Council or considered by the Advisory Body on its own initiative;  and

(b)               matters concerning proposed or desirable change to this Constitution; and

(c)                the roles of Bougainville custom and customary leadership.

 

(4)        The Bougainville law referred to in Subsection (1) shall provide for the name, composition, manner of election or appointment, qualifications for and disqualifications from membership of and powers and other functions of the Advisory Body.

 

(5)        A Bougainville law may make provision for matters relating to the Advisory Body other than those specified in Subsection (4).

 

(6)        The Advisory Body shall not comprise part of the Bougainville legislature.

 

PART V. THE BOUGAINVILLE LEGISLATURE.

 

                                    Division 1. General.

 

53.       BOUGAINVILLE LEGISLATURE.

            The Bougainville Legislature shall comprise and be known as the House of Representatives as established under Section 55 (establishment and composition of the House of Representatives).

 

54.       EXERCISE OF LEGISLATIVE POWER.

(1)        The legislative power of the Autonomous Bougainville Government is vested in the House of Representatives.

 

(2)        A Bougainville law may confer on an authority, other than the House of Representatives, legislative powers or functions.

 

(3)        Nothing in this Constitution enables the House of Representatives to transfer permanently, or divest itself of, legislative power.

 

                                    Division 2. House of Representatives.

 

55.       ESTABLISHMENT AND COMPOSITION OF THE HOUSE OF

            REPRESENTATIVES.

            (1)        The House of Representatives is established.

 

(2)        The House of Representatives consists of –

                        (a)        the President of the Autonomous Region of Bougainville;  and

                        (b)        other members being:

(i)         for the first general election of members of the House of Representatives, 33 directly elected members, and thereafter not more than 38 nor less than 28 members, each representing a single member constituency in accordance with Section 105 (constituencies); and

(ii)        three women members, each representing a constituency for a separate Region (North, Central and South), elected to represent the interests of the women of the Region;  and

(iii)       subject to Subsection (5), three former combatant members, each representing a constituency for a separate Region (North, Central and South), qualified for nomination as such

(A)              in respect of the first election to the House of Representatives, 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 Region of Bougainville and of members of the House of Representatives) to this Constitution; and

(B)              for subsequent elections to the House of Representatives, in accordance with the Bougainville law referred to in Section 106(4) (Bougainville Electoral Commissioner and elections generally),

elected to represent the interests of former combatants in the Region; and

(iv)       the Speaker in accordance with Section 60(4) (Speaker).

 

(3)        Elected members of the National Parliament representing electorates in Bougainville are entitled to attend meetings of the House of Representatives and to take part in debate and proceedings in the same way as members of the House of Representatives but –

                        (a)        may not introduce motions;  and

(b)               may not vote on any matter;  and

(c)                shall not be counted towards a quorum.

 

            (4)        No member of the House of Representatives shall represent two or more constituencies at the same time.

 

(5)        Membership of the former combatants’ representatives of the House of Representatives under Subsection (2)(b)(iii) shall apply only until –

(a)        the passing of a motion in accordance with Subsection (6) or (7); or

(b)        the holding of the Bougainville Referendum in accordance with Division XIV.7 (Bougainville Referendum) of the National Constitution;  or

(c)        a decision in accordance with Part XVII (Bougainville Referendum) of this Constitution that the Bougainville Referendum shall not be held.

 

            (6)        The Autonomous Bougainville Government shall, before the end of the first term of the House of Representatives, in consultation with the former combatants’ Association, review the membership of former combatants’ representatives in the House of Representatives under Subsection (2)(b)(iii) and such membership shall not continue beyond that term where a motion, by the House of Representatives following such review, to the effect that such membership shall not continue beyond the end of that first term, has been passed by the House of Representatives by a two-thirds absolute majority vote.

 

            (7)        Where a motion has not been passed in accordance with Subsection (6), the Autonomous Bougainville Government shall, before the end of the second term of the House of Representatives (and before the end of any subsequent term of the House of Representatives during which former combatants’ representatives retain membership in the House of Representatives under Subsection (2)(b)(iii)), in consultation with the former combatants’ Association, review the membership of former combatants in the House of Representatives under Subsection (2)(b)(iii) and such membership shall not continue beyond that term where a motion, by the House of Representatives following such review, to the effect that such membership shall not continue beyond the end of that term, has been passed by the House of Representatives by a two-thirds absolute majority vote.

 

            (8)        In Subsections (6) and (7), “former combatants’ Association” means the registered Association (by whatever name known) of former combatants of the Bougainville Revolutionary Army and of the Bougainville Resistance Force and of the Me’ekamui Defence Force, recognized by a Bougainville law as the official former combatants’ Association.

 

 

 

(9)               A person who is, in accordance with Section 110 (right to vote) entitled to vote in an election of the President or of a member or members of the House of Representatives, is, subject to the provisions of the Bougainville law referred to in Section 106(4) (Bougainville Electoral Commissioner and elections generally) and Section 109 (form of elections) or of Schedule 10 (electoral provisions relating to the first general election of President of the Autonomous Region of Bougainville and of members of the House of Representatives) entitled to vote in an election for –

                        (a)        the President;  and

                        (b)        a member referred to in Subsection (2)(b)(i);  and

(c)        a woman member referred to in Subsection (2)(b)(ii);  and

(d)        subject to Subsection (5), a former combatant member referred to in Subsection (2)(b)(iii).

 

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.

 

57.       NORMAL TERM OF OFFICE.

            (1)        A member of the House of Representatives takes office on the day immediately following the day fixed for the return of the writ for the election in his constituency.

 

(2)               The seat of a member of the House of Representatives becomes vacant –

(a)        upon the expiry of the day fixed for the return of the writs for the general elections after he last became a member of the House of Representatives;  or

                        (b)        if he resigns his seat by notice in writing to the Speaker;  or

(c)        if he is absent, without leave of the House of Representatives, during the whole of three meetings of the House of Representatives, unless the House of Representatives decides to waive this rule upon satisfactory reasons being given;  or

(d)        if, except as authorized by this Constitution or a Bougainville law, he directly or indirectly agrees to take any payment in respect of his services in the House of Representatives;  or

(e)        if he becomes a member of or a candidate for election or appointment to, the National Parliament;  or

(f)        if he becomes a person who is disqualified under Section 56 (qualifications for and disqualifications from election) from election to the House of Representatives;  or

(g)        if he is dismissed from office under Part XIII (Leadership Code);  or

(h)        if he is recalled in accordance with Section 58 (recall of member of the House of Representatives);  or

(i)         on his death.

 

 

 

(3)               For the purposes of Subsection (2)(c), a meeting of the House of Representatives –

(a)               commences when the House of Representatives first meets following:

(i)         a general election; or

(ii)        adjournment of the House of Representatives for a period exceeding 12 days; and

(b)               ends when the House of Representatives

(i)                  is adjourned for a period exceeding 12 days; or

(ii)                adjourns for the last time before a Bougainville general election.

 

58.       RECALL OF MEMBER OF THE HOUSE OF REPRESENTATIVES.

(1)        A member of the House of Representatives, other than the Speaker, may be recalled in accordance with this section.

 

(2)        Recall of a member shall be initiated by the presentation to the Bougainville Electoral Commissioner of a petition for recall signed by at least one third of the enrolled voters for the constituency which the member represents, stating the reasons for the recall of the member.

 

(3)     A petition under Subsection (2) for recall of a member shall not be presented –

                      (a)        within 15 months following the day fixed for the return of the writs in

                                  the election at which that member was last elected;  or

                      (b)        within one year preceding the fifth anniversary of the day referred to in

                                  Paragraph (a); or

                      (c)        during the term of office of the House of Representatives during which a

                                  petition for recall of that member has already been presented.

 

(4)        On receipt of a petition under Subsection (2), the Bougainville Electoral Commissioner shall ascertain that –

                        (a)        the petition is not banned under Subsection (3);  and

(b)        it has been signed by at least one third of the enrolled voters for the constituency.

 

(5)        Where the Bougainville Electoral Commissioner is satisfied that the petition –

(a)               is not banned under Subsection (3);  and

(b)        has been signed by at least one third of the enrolled voters for the constituency,

he shall conduct simultaneously two polls in the constituency –

(c)        one as to whether or not the member should be recalled;  and

(d)        one being a by-election for that constituency.

 

(6)               The Bougainville Electoral Commissioner shall first determine the result of the poll under Subsection (5)(c) and –

(a)               where more than one half of the enrolled voters in the constituency vote in favour of the recall of the member – determine that the member is recalled; or

(b)               where not more than one half of the enrolled voters in the constituency vote in favour of the recall of the member – determine that the member is not recalled.

 

(7)               Where –

(a)               the member is determined under Subsection (6)(a) to have been recalled, the Bougainville Electoral Commissioner shall determine the result of the by-election under Subsection (5)(d) and shall declare the candidate who has received the largest number of votes as the member for the constituency; or

(b)               the member is determined under Subsection (6)(b) not to have been recalled, the result of the by election under Subsection (5) (d) shall not be determined.

 

            (8)        The member whose recall is the subject of a poll under Subsection (5)(c) is not qualified to stand for election in the by-election under Subsection (5)(d).

 

            (9)        A Bougainville law may make provision for matters relating to the recall of a member of the House of Representatives.

 

                                    Division 3. The Speaker and the Deputy Speaker.

 

59.       OFFICES OF SPEAKER AND DEPUTY SPEAKER.

            There shall be offices of Speaker and Deputy Speaker of the House of Representatives.

 

60.       SPEAKER.

(1)               The Speaker shall be a person who –

(a)               until a Bougainville law made by an absolute majority vote provides otherwise, has attained the age of 40 years;  and

                        (b)        is not a member of the House of Representatives;  and

(c)        is qualified to nominate for election to the House of Representatives.

 

            (2)        The Speaker shall be appointed by a vote of the House of Representatives in accordance with the Standing Orders from among persons nominated by the Regional Committees of the House of Representatives, established by Section 71(1)(b) (Committees).

 

            (3)        A Bougainville law or the Standing Orders may make provision relating to the nomination of a person for appointment as Speaker.

 

            (4)        Subject to any restrictions imposed by this Constitution, the Speaker is a member of the House of Representatives during his tenure of office as Speaker.

 

            (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.

 

61.       REMOVAL FROM OFFICE OF SPEAKER.

            The office of Speaker becomes vacant –

(a)        if he ceases to be qualified as Speaker under Section 60(1) (Speaker);  or

(b)        if he resigns from the office of Speaker by notice in writing to the President;  or

(c)        upon the day fixed for the return of the writs for the general election after he was appointed Speaker;  or

(d)        if the House of Representatives votes, by a three quarters absolute majority vote, that he be removed from office;  or

(e)        if he is dismissed from office under Part XIII (Leadership Code);  or

(f)        if he is of unsound mind within the meaning of any law relating to the person and property of persons of unsound mind;  or

(g)        if he has been declared bankrupt by a court of competent jurisdiction and remains bankrupt; or

(h)        on his death.

 

62.       DEPUTY SPEAKER.

            The Deputy Speaker shall be a member of the House of Representatives and shall be elected and may be removed from the Office of Deputy Speaker by vote of the House of

Representatives in accordance with the Standing Orders.

 

63.       FUNCTIONS OF THE SPEAKER AND DEPUTY SPEAKER.

(1)               The Speaker is responsible, subject to and in accordance with this Constitution, the Bougainville laws and the Standing Orders, for –

                        (a)        upholding the dignity of;  and

                        (b)        maintaining order in;  and

                        (c)        regulating the proceedings and administering the affairs of;  and

                        (d)        controlling the precincts of,

the House of Representatives.

 

            (2)        The Speaker shall, in accordance with Section 68 (meetings of the House of Representatives), a Bougainville law or the Standing Orders, call meetings of the House of Representatives.

 

            (3)        In the event of a vacancy in the office of Speaker or his absence from the House of Representatives, and otherwise as determined by a Bougainville law or the Standing Orders, the Deputy Speaker has all the rights, privileges, powers, functions, duties and responsibilities of the Speaker.

            (4)        A Bougainville law or the Standing Orders may provide for other powers, functions, duties and responsibilities of the Speaker and the Deputy Speaker.

 

64.       VOTING BY THE SPEAKER.

            The Speaker shall not vote in the House of Representatives except, in his discretion –

                        (a)        to break a tie, where there is an equality of votes on any matter;  or

(b)        where one vote is needed to constitute a majority vote greater than a simple majority vote required by this Constitution, a Bougainville law or the Standing Orders.

 

                                    Division 4. General Law-making powers of the House of

Representatives.

 

65.       GENERAL LAW-MAKING POWERS.

            (1)        Subject to this Constitution and the Bougainville laws, the House of Representatives may make laws for the peace, order and good government of the Autonomous Region of Bougainville.

 

            (2)        In particular, Bougainville laws, consistent with this Constitution, may provide for all matters that are necessary or convenient to be prescribed for carrying out and giving effect to this Constitution.

 

            (3)        Each law made by the House of Representatives shall receive such fair, large and liberal interpretation as will best ensure the attainment of the object of the law according to its true intent, meaning and spirit.

 

66.       CERTIFICATION AS TO MAKING OF LAWS, ETC.,

            (1)        The Speaker shall certify under the Bougainville Seal any law that has been made by the House of Representatives.

 

            (2)        The Speaker shall give notification of laws certified under Subsection (1) in the Bougainville Gazette.

 

            (3)        Subject to Subsection (4), a law made by the House of Representatives comes into operation on the date of the certificate under Subsection (1).

 

            (4)        Nothing in Subsection (3) prevents a law –

(a)        being expressed to come, or to be deemed to have come, into operation at a time specified by, or fixed in accordance with, a Bougainville law;  or

(b)               being retrospective or retroactive.

 

(5)        The Speaker may certify such other matters relating to the procedures of the House of Representatives or its committees as are required by this Constitution.

 

 

67.       RIGHT TO INTRODUCE NEW LAWS.

            (1)        Subject to Section 155 (financial responsibility of the House of Representatives), any member of the House of Representatives is entitled to introduce into the House of Representatives, in accordance with, and subject to any reasonable restrictions contained in the Standing Orders, a petition, question, bill, resolution, motion or other matter.

 

            (2)        The petition, question, bill, resolution, motion or matter shall be dealt with as provided by the Standing Orders.

 

            (3)        The Standing Orders may make provision for priority to be given to Bougainville Executive Council business at certain times or in certain circumstances.

 

                                    Division 5. Procedures, Privileges, etc., of the House of

                                                         Representatives.

 

68.       MEETINGS OF THE HOUSE OF REPRESENTATIVES.

(1)               The House of Representatives shall be called to meet not

more than seven days after the day fixed for the return of writs for a Bougainville general election.

 

            (2)        The House of Representatives shall meet at least once in every period of three months.

 

(3)        Subject to Subsection (2) of this section, Section 5 (Autonomous Region of

Bougainville capital), Section 63 (functions of the Speaker and Deputy Speaker), and the requirements of Part XIX (emergency procedures and powers) the time, place and date of meetings of the House of Representatives will be fixed by the House of Representatives on the motion of a Minister.

 

            (4)        A Bougainville law may make further provision in respect of the calling of meetings of the House of Representatives and may provide for meetings to be called on the request of members.

 

69.       QUORUM AT MEETINGS.

            (1)        The quorum at a meeting of the House of Representatives shall be one half of the number of the seats in  the House of Representatives at the time.

 

            (2)        The Standing Orders shall make provision for the action to be taken in the event of a lack or a loss of quorum at any time.

 

70.       VOTING IN THE HOUSE OF REPRESENTATIVES.

            Except as is otherwise provided by this Constitution, a Bougainville law or the Standing Orders and subject to Section 64 (voting by the Speaker), all questions before a meeting of the House of Representatives shall be determined by a majority of the votes of the members of the House of Representatives present and voting.

 

71.       COMMITTEES.

(1)               There shall be in the House of Representatives –

(a)        a Public Accounts Committee established by Section 160 (establishment of Public Accounts Committee);  and

(b)        a Regional Committee for each of the following Regions of Bougainville:

(i)                  North;

(ii)        Central;

(iii)       South,

consisting of the elected members of the House of Representatives within the Region (or in the case of women members and former combatant members, for the Region);  and

(c)                such other committees as are determined by the House of Representatives from time to time.

 

(2)               Subject to this Constitution, the House of Representatives shall make provision by a Bougainville law or the Standing Orders or otherwise, for the establishment, membership, jurisdiction, functions, powers and procedures of committees established under Subsection (1) and in particular for empowering such a committee to call for persons, papers and records.

 

(3)               No member of the Bougainville Executive Council may be a member of a

committee other than a Regional Committee under Subsection (1)(b).

 

            (4)        In principle, membership of committees under Subsection (1)(a) and (c) should be spread as widely as possible among members of the House of Representatives from the various Regions, other than members of the Bougainville Executive Council.

 

            (5)        For the purposes of Subsection (1)(b), a Bougainville law made by an absolute majority vote –

(a)        shall, subject to Section 105 (3) (constituencies), give details of the composition of the Regions;  and

(b)        shall make provision for altering the Regions or the number of Regions or the composition of the Regions and for such other matters relating to the Regions as may be necessary;  and

(c)        may provide for additional powers to be given to the Regional Committees.

 

72.       STANDING ORDERS OF THE HOUSE OF REPRESENTATIVES.

The House of Representatives may make Standing Orders and other rules and

orders in respect of the order and conduct of its business and proceedings of its committees, and such matters as by law are required or permitted to be prescribed or provided for by Standing Orders.

 

 

 

73.       PRIVILEGES, ETC., OF THE HOUSE OF REPRESENTATIVES.

            (1)        The powers (other than legislative powers), privileges and immunities of the House of Representatives and of its members and committees are as prescribed by or under this section and by or under any other provision of this Constitution.

 

            (2)        There shall be freedom of speech, debate and proceedings in the House of Representatives, and the exercise of those freedoms shall not be questioned in any court or in any proceedings whatever (otherwise than in proceedings in the House of Representatives).

 

            (3)        No member of the House of Representatives is subject to the jurisdiction of any court in respect of the exercise of his powers or the performance of his functions, duties or responsibilities as such, but this subsection does not affect the operation of Part XIII (Leadership Code).

 

            (4)        No member of the House of Representatives is liable to civil or criminal proceedings, arrest, imprisonment, fine, damages or compensation by reason of any matter or thing that he has brought by petition, question, bill, resolution, motion or otherwise, or has said before or submitted to the House of Representatives or a committee of the House of Representatives.

 

(5)        No member of the House of Representatives or other person is liable to civil or criminal proceedings, arrest, imprisonment, fine, damages or compensation by reason of –

(a)               an act done under the authority of the House of Representatives or under an order of the House of Representatives or of a committee

of the House of Representatives;  or

(b)        words spoken or used, or a document or writing made or produced, under an order or summons made or issued under the authority of the House of Representatives or of a committee of the House of Representatives.

 

            (6)        The members of the House of Representatives are free from arrest for civil debt during meetings of the House of Representatives and during the period commencing two days before and ending two days after a meeting when they are travelling from their respective constituencies (or in the case of the Speaker the constituency in which he normally resides) to attend the meeting or are returning there from the meeting.

 

            (7)        No process issued by any court in the exercise of its civil jurisdiction shall be served or exercised through the Speaker or an officer of the House of Representatives, or within the precincts of the House of Representatives (as defined by or under a Bougainville law) while it is in session.

 

(8)               The powers conferred by Section 65 (general law-making powers) extend to the making of laws –

(a)               declaring further powers (other than legislative powers), privileges and immunities of the House of Representatives, and of its

members and committees;  and

(b)        providing for the manner in which powers, privileges and immunities provided for by or under this section may be exercised or upheld.

 

            (9)        The powers and privileges conferred by or under this section do not and shall not include the power to impose or provide for the imposition of a fine, imprisonment, forfeiture of property or other penalty of a criminal nature, but this subsection does not prevent the creation of offences for the purpose of this section that are triable within the Bougainville Courts.

 

            (10)      For the purposes of this section, "member of the House of Representatives" includes the Speaker.

 

74.       INTERNATIONAL AGREEMENTS.

(1)               Until any change in the status of Bougainville that may occur following the Bougainville Referendum, the provisions of this section apply where, in accordance with Section 293 (international obligation etc., of the State in respect of the powers and functions of the Bougainville Government) of the National Constitution, the National Government –

(a)               requests the agreement of the Autonomous Bougainville Government to the entering by the Independent State of Papua New Guinea into a proposed international border agreement which affects the jurisdiction of the Autonomous Bougainville Government;  or

(b)        is required to obtain the agreement of the Autonomous Bougainville Government to the entering by the Independent State of Papua New Guinea into a proposed treaty which has a purpose of altering the autonomy arrangements of the Autonomous Bougainville Government or which affects the jurisdiction of the Autonomous Bougainville Government.

 

            (2)        The President shall, within five sitting days of the House of Representatives after receipt by the Autonomous Bougainville Government of a request referred to in Subsection (1)(a) or for agreement referred to in Subsection (1)(b)

(a)               table particulars of the proposed international border agreement or treaty in the House of Representatives;  and

(b)        move a motion in the House of Representatives that the agreement of the Autonomous Bougainville Government to the entering by the State into the international border agreement or treaty be given to the National Government.

 

            (3)        The agreement to the entering by the State into the international border agreement or treaty shall only be given by the Autonomous Bougainville Government to the National Government where the relevant motion under Subsection (2)(b) has been passed by the House of Representatives by an absolute majority vote.

 

75.       PROCEEDINGS NON-JUSTICIABLE.

            The question whether the procedures prescribed by the House of Representatives or its committees have been complied with, is non-justiciable, and a certificate by the Speaker under Section 66 (certification as to making of laws) is conclusive as to the matter required to be set out in it.

 

76.       QUESTIONS AS TO MEMBERSHIP.

            (1)        Subject to Subsection (2), the Bougainville High Court has jurisdiction to determine any question as to –

(a)        the qualification of a person to be or to remain a member of the House of Representatives;  or

                        (b)        the validity of an election to the House of Representatives.

 

(2)        Until the establishment of the Bougainville High Court, the National Court

has jurisdiction to determine any question as to –

(a)               the qualification of a person to be or to remain a member of the House of Representatives;  or

(b)               the validity of an election to the House of Representatives.

 

77.       VALIDATION OF ACTS OF THE HOUSE OF REPRESENTATIVES.

            Where a person who has purported to sit or vote as a member of the House of Representatives at a meeting of the House of Representatives or of a committee of the

House of Representatives –

(a)        was not duly qualified to be elected or appointed, or to continue, as a member of the House of Representatives;  or

(b)        had vacated his office as a member of the House of Representatives,

all things done or purported to have been done by the House of Representatives or by the committee, as the case may be, shall be deemed to have been as validly done as if that person had, when so sitting or voting, been duly qualified to be elected or appointed, or to continue as a member of the House of Representatives or had not vacated his office, as the case may be.

 

78.       CLERK AND OFFICERS OF THE HOUSE OF REPRESENTATIVES.

            (1)        There shall be an office of Clerk of the House of Representatives who shall be appointed by the Bougainville Senior Appointments Committee, which for the purpose shall include two persons appointed by the National Executive Council.

 

(2)        The Autonomous Bougainville Government shall make available officers and employees of the Bougainville Public Service to assist the Speaker in the administration of the House of Representatives.

 

PART VI. – THE BOUGAINVILLE EXECUTIVE.

 

                                    Division 1. The Executive Power.

 

79.       EXERCISE OF THE EXECUTIVE POWER.

            (1)        Subject to this Constitution, the executive power of the Autonomous Bougainville Government is vested in the Bougainville Executive Council.

 

            (2)        Subject to this Constitution and to a Bougainville law, the Bougainville Executive Council has, in addition to the other powers conferred on it, power to do all things that are necessary or convenient to be done for or in connection with the operations and activities of the Autonomous Bougainville Government.

 

            (3)        Notwithstanding Subsections (1) and (2), a Bougainville law may confer on an authority other than the Bougainville Executive Council executive powers or functions.

 

Division 2. Bougainville Executive Council.

 

80.       MEMBERSHIP OF THE BOUGAINVILLE EXECUTIVE COUNCIL.

(1)               Subject to Section 82 (caretaker Bougainville Executive Council), the Bougainville Executive Council shall consist of –

                        (a)        the President;  and

(b)               the Vice-President;  and

(c)        subject to Section 101 (dismissal of members of the Bougainville Executive Council), a woman member of the House of Representatives appointed by the President, being the woman member nominated by the women members (both those elected to represent the interests of women and any women members for single member constituencies);  and

(d)        six members appointed in accordance with Section 81 (representation of regions);  and

                        (e)        one member appointed by the President; and

(f)        four members appointed by the President under Section 83 (appointment of other members).

 

            (2)        All members of the Bougainville Executive Council must be members of the House of Representatives.

 

81.       REPRESENTATION OF REGIONS.

(1)              This section applies in relation to the appointment of the members of the Bougainville Executive Council referred to in Section 80(1)(d) (membership of the Bougainville Executive Council).

 

            (2)        Each Committee established under Section 71(1)(b) (Committees) for the purposes of this section shall recommend to the President the names of five members of the House of Representatives representing constituencies in the Region for which the Committee is established for appointment by the President of two of the members named as members of the Bougainville Executive Council.

 

(3)        On receipt of a recommendation under Subsection (2), the President shall, within five sitting days of the House of Representatives, and in any event, no more that 14 days after the day fixed for the return of the writs for a general election, appoint to the Bougainville Executive Council two of the members so recommended, and notify the Speaker in accordance with Section 84 (assumption of office by members of the Bougainville Executive Council).

 

            (4)        If the office of a member of the Bougainville Executive Council appointed under this section becomes vacant under Section 100 (vacation of office of members of the Bougainville Executive Council), the preceding provisions of this section apply in respect of the filling of the vacancy.

 

(5)        If a member of the Bougainville Executive Council appointed under this section is suspended from office under Part XIII (Leadership Code), or otherwise –

(a)        the President may appoint a member of the House of Representatives to act in the office of the suspended member pending a recommendation of the relevant Committee referred to in Subsection (2);  and

(b)        when the President receives a recommendation referred to in Paragraph (a) for the temporary filling of the office, Subsection (3), with the necessary modifications, applies.

 

            (6)        A member of the Bougainville Executive Council appointed under Subsection (5) ceases to hold office when the suspension is lifted or the original member is dismissed.

 

82.       CARETAKER BOUGAINVILLE EXECUTIVE COUNCIL.

During any period following a Bougainville general election, before appointments to the Bougainville Executive Council are made, the powers and functions of the Bougainville Executive Council vest in a caretaker Bougainville Executive Council consisting of –

                        (a)        the President;  and

                        (b)        the Vice President;  and

(c)                a woman member of the House of Representatives (whether elected as a representative of the interests of women or being the member for a single member constituency) selected by the President,

but in any case a caretaker Bougainville Executive Council shall not hold office for more than 14 days after the day fixed for the return of the writs for a general election.

 

83.       APPOINTMENT OF OTHER MEMBERS.

(1)               Members of the Bougainville Executive Council referred to in Section

80(1)(f) (membership of the Bougainville Executive Council) shall be appointed by the President.

 

            (2)        The members referred to in Subsection (1) shall not be appointed until such time as the House of Representatives considers that the financial resources of the Autonomous Bougainville Government permit the appointment and a Bougainville law makes provision for the appointment.