THE CONSTITUTION
OF
THE AUTONOMOUS REGION OF
ARRANGEMENT OF SECTIONS.
PREAMBLE
PART 1. –
1. Autonomous
Region of
2. Autonomous
3. Jurisdiction
of Autonomous
4. Symbols of
the Autonomous Region of
5. Autonomous
Region of
6. Declaration
of Loyalty to
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. –
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
17.
Autonomy and territorial integrity of
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
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
41. Autonomous
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. –
Division 1 –
General.
53.
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
Division 1 –
The Executive Power.
79. Exercise of the Executive Power.
Division 2. –
80. Membership of
the
81. Representation of Regions.
82.
Caretaker
83. Appointment of other Members.
84.
Assumption of Office by Members of the
85. Responsibilities.
86. Procedures.
87.
Delegation by the
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
99. Interpretation of Division 5.
100.
Vacation of Office of Members of the
101.
Dismissal of Members of the
PART VII.
–
COMMITTEE AND APPOINTMENTS GENERALLY.
102.
103. Part-time Appointments.
PART VIII. – CONSTITUENCIES AND ELECTIONS.
104.
105. Constituencies.
106. Bougainville Electoral Commissioner and elections generally.
107.
108. By-elections.
109. Form of Elections.
110. Right to Vote.
111. Political Parties.
PART IX. –ADMINISTRATION OF JUSTICE.
Division 1. –
General.
112.
113.
The Law Officers of
114. Exercise of the judicial power.
115. Alternative dispute resolution.
Division 2. –
116.
Establishment of the
117.
Composition of the
118. Acting Judges.
119.
Jurisdiction of the
120. Right to appeal from Bougainville High Court to Supreme Court.
Division 3. – Appointment etc., of Judges of the
121.
122. Qualifications.
123.
Appointment of Chief Justice of
124. Appointment of Other Judges.
125. Seniority of Judges.
Division 4. –
Other Courts.
126. Establishment of other Courts.
127.
Head of other
Division 5. – The
128.
129.
Functions of the
Division 6. – Removal from Office of Senior Judicial and Legal Office-holders.
130.
Removal from Office of Chief Justice of
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
PART
X. –
Division 1. – Introductory.
138.
Establishment of
139. Civilian control.
140. Responsibility of heads of Bougainville Government Services to Bougainville Executive Council.
141. Declarations of Loyalty, etc.,
Division 2. –
142. Establishment of the
143. Functions of the Commission.
144.
145. Personnel matters.
Division 3. –
146.
147. Head of
Division 4. –
148.
149. Chief of
150. Further provisions relating to Bougainville Police Service.
Division 5. –
151.
152. Chief of the
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
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
Division 5. – Public Accounts Committee.
160. Establishment of the Public Accounts Committee.
161. Functions of the Committee.
Division 6. –
162. The
163. Functions, etc., of the Commission.
164. Functions of National Salaries and Remuneration Commission.
PART XII.
– THE
165. The
166. Purposes of
the
167. Functions and powers of the Bougainville Ombudsman.
168. Reports by the
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.
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
187. Issues arising from the Bougainville Conflict.
PART XVI.
–
HOLDERS AND BOUGAINVILLE
CONSTITUTIONAL INSTITUTIONS.
Division 1. – General.
188. Other Provisions relating to Bougainville Constitutional Office-holders and Bougainville Constitutional Institutions.
Division 2. –
189.
190. Removal from office of certain Bougainville Constitutional Office-Holders.
Division 3. –
191.
Division 4. –
Provisions of Facilities, etc.,
192. Provisions of facilities, etc.,
PART XVII.
–
193.
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
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
209. Interpretative Jurisdiction.
210.
Special References to
211. Special status of the Preamble.
212. Construction of the Constitution generally.
213.
Construction of
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 (
Division 1. – Amendment of Part XIV (
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
222.
223. Public Purposes.
224. Transitional Provisions contained in Organic Law.
225. Application of other Laws.
226.
PART
XXV. – FIRST
Division 1. –
General.
227. Effect of this Part.
228. Purposes of this Part.
229. Interpretation.
Division 2. – Powers and Duties of
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
232.
Interim
233.
First
234. Constituencies for first Bougainville General Election.
235.
First
236.
First
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
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.
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
SCHEDULE 4.
NATIONAL CONSTITUTION PROVISIONS RELATING TO FUNCTIONS
AND POWERS OF THE AUTONOMOUS
“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
“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
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
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
“
“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
“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
THE CONSTITUTION
OF THE
AUTONOMOUS REGION OF
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
(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
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.
-
1. AUTONOMOUS REGION OF
(1)
(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)
(a) formally, as "The Autonomous Region of Bougainville"; and
(b) otherwise,
as "
(3) The Autonomous Bougainville Government
will keep under review the question of the name of
(4) The Autonomous Bougainville Government
may consult with the National Government in accordance with the Bougainville
Peace Agreement concerning an extension of
2. AUTONOMOUS
The government established for the Autonomous Region of Bougainville by this Constitution shall be known as the "Autonomous Bougainville Government".
3. JURISDICTION OF AUTONOMOUS
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
(1) A
(a) a
(b) a
(c)
a
(d)
a
(e) a
(f) a
(g) a
(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
5. AUTONOMOUS REGION OF
(1) Subject
to Subsection (2), a
(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
(1) When a
(2) A person appointed to an office
established by this Constitution or as otherwise required by a
(3) A Declaration of Loyalty to
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
(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
(4) A
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
(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
(a) in
accordance with custom, may own customary land in
(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
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
(b) to uphold all Christian and similar moral and spiritual principles; and
(c) to
promote reconciliation and healing throughout
(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
(b)
Schedule 4
(National Constitution provisions relating to functions and powers of
the Autonomous
(c)
Schedule
6.1 (National Constitution provisions relating to immunity from prosecution);
(d)
Schedule 7
(National Constitution provisions relating to the
(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
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,
(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
(4) The
customary system of justice in
14. DEMOCRATIC PRINCIPLES.
(1) Government in
(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
(5)
The Autonomous
Bougainville Government shall develop procedures to
enable consultation with
all people in
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
(a)
shall not be involved in any para-military activities; and
(b)
shall work towards ensuring that
(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
(6) When
planning their activities in
16. UNITY AND
STABILITY OF
(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
(3) Everything
shall be done to promote among all people in
(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
(1) The Autonomous Bougainville Government and all people in
(2) The
Autonomous Bougainville Government and all people in
(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
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
(a)
all governmental efforts are directed at ensuring the maximum social,
cultural and spiritual well-being of all people in
(b)
all people in
23. THE LAND AND NATURAL RESOURCES.
(1) The
laws and policies of
(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
(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
(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
26. TRANSPORT INFRASTRUCTURE.
In respect that
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
(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
28. RECOGNITION OF THE ROLE OF WOMEN IN
The role and welfare of women in traditional and
modern
29. CHILDREN
AND YOUTH AS THE FUTURE OF
The Autonomous Bougainville
Government shall recognize children and youth as the future of
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
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
(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
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
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
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
(3) Historical and ancestral sites, significant artefacts and
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
(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
41. AUTONOMOUS
(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
(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
(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
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
(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
(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
44. LAND MATTERS.
(1)
The Autonomous Bougainville Government shall, as soon
as is practicable, develop a land policy for
(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
(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
(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
(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
(d) the international human rights system and other relevant aspects of international law.
Where the Autonomous Bougainville Government decides to arrange for: –
(a) the attendance of a representative of
(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
(d) the participation or engagement by
(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
(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,
48. UNDERLYING LAW.
(2) A
(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
(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
(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
(4) Amendment of
this Constitution or a
(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
(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
(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
(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) (
(k) Section 126(2) (establishment of other courts);
(l) Section 136(a)(i) (juries
and assessors);
(m) Section 148(2)(d) (
(n) Section 153(1)(e)(i) (general principles relating to finances and financial management);
(o) Section 165(4)(b) (the
(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
(s) Section 198 (general approach to certain emergencies);
(t) Section 217(4)(b) and (5)(b)
(ii) (requirements for amendment of Part
XIV (
(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
52. ADVISORY BODY.
(1) An Advisory Body, consisting of
representatives of traditional chiefs and other traditional leaders may be
established by a
(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
(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
(6) The
Advisory Body shall not comprise part of the
PART V. – THE
Division 1. – General.
53.
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
(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
(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
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
(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
(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
(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
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
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
(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
(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
(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
(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
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
Division
4. – General Law-making powers of the
House of
Representatives.
65. GENERAL LAW-MAKING POWERS.
(1) Subject to this Constitution and the
(2) In particular,
(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
(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
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
(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.
(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
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
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
(3) Notwithstanding Subsections (1) and (2),
a
Division 2. –
80. MEMBERSHIP OF THE
(1)
Subject to Section 82 (caretaker
(a) the President; and
(b) the Vice-President; and
(c) subject
to Section 101 (dismissal of members of
the
(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
(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
(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
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
(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.