Makiba clarifies delay in presenting referendum results in Parliament
The constitution and Bougainville Peace Agreement (BPA) do not specify a time frame for presenting the referendum results, says Minister for Bougainville Affairs, Manasseh Makiba.
Section 342 of the BPA requires the minister to bring the referendum result to National Parliament, but this has not yet happened.
The referendum results, completed in 2019, have not been presented to Parliament. According to the constitution and BPA, a consultation between the PNG government and the Autonomous Bougainville Government [ABG] must occur before the results are presented.
Mr Makiba explained that once the consultation is finished, the results and report will be brought to Parliament.
“The point is the constitution and the peace agreement, do not specify a time frame within which the consultation should be completed and brought forward,” Makiba told the parliament.
“The same peace agreement, Bougainville Peace Agreement, and the constitution do not also specify explicitly the time frame within which the referendum result should be brought into Parliament.
“And one very important issue that arose in our consultation process was that there is no specific procedure in the constitution, in particular part within which implements the Bougainville Peace Agreement and also in the Bougainville Peace Agreement.
“The process or procedure by which this National Parliament should approach or follow in deliberating and deciding on the Bougainville referendum result to make a final decision as to the future political settlement for Bougainville.”
Three key processes have been completed under the Bougainville Peace Agreement: the establishment of the ABG, weapons disposal, and the referendum.
Mr. Makiba said the government has been in regular communication with the Autonomous Bougainville Government to discuss the referendum results.
The ABG and the national government have held several joint supervisory body meetings during these consultations, working to develop a procedure to recommend to National Parliament.
Once the procedure is agreed upon, the referendum results will be tabled in Parliament, where members will debate and make a final decision.
The Bougainville Affairs Minister said that the procedure was to be introduced by way of a sessional order where both parties agree to the form as well as the content.
“But one particular issue that stood out that we are at the moment grappling with is the required majority the Parliament should have to decide on the substantive Bougainville referendum result,” he said.
“The national government's position was that the Parliament should decide on the referendum result by two-thirds absolute majority. Now, autonomous Bougainville government's position was that it should take a simple majority vote.
“That has been the main sticking point and so in accordance with the Bougainville Peace Agreement and the Constitution because we had this particular issue, we have invoked a dispute resolution mechanism provided in the Bougainville Peace Agreement and the Constitution.”
Prime Minister James Marape and ABG president Ishmael Toroama engaged a foreign moderator Sir Jerry Mataparae from New Zealand to assist both parties to settle the issue of how to decide on the referendum result.
Mr Makiba revealed that the terms of reference for the mediator have been expended to not just stick to this particular technical issue but also to consider resolving a possible political settlement that the government can propose to the Parliament for a decision.
He said Sir Jerry has travelled to Bougainville to have a preliminary consultation with the people as well as the leaders.
The member responsible said the first consultations meeting with ABG and the parties will be held next week for a possible solution.