Bougainville Independence – the process from referendum to ratification
Scott Waide
Posted On June 15, 2023
The Bougainville Affairs Minister, Manaseh Makiba, has less than six months to present to Parliament a way forward for the Bougainville ratification.
In short that means, agreeing on a process or treaty that will see Bougainville move towards independence.
Both the PNG and Bougainville sides do not really know at this stage, what form the ratification process will take. This has been a point of contention between the two negotiating sides. Also obvious is what’s being described as a “procedural gap” or a lack of clarity on how to proceed towards ratification by parliament.
In the house, Makiba explained the lengthy process in a detailed address.
“Issues of ratification is a decision of the parliament. Officials engaged in dialogue under the Era Kone Covenant attempting to agree to the text of the proposed constitutional regulations disagree on the meaning of the word “ratification” and the word “decision,” he said.
“The word ratification is used in the Bougainville peace agreement. Whereas the word “any decision” is using section 342 of the National Constitution which actually gives effect to clause 311 of the Bougainville Peace Agreement.”
…And time is running out.
Makiba outlined five possible options that would allow the process to move forward.
1. Parliament may amend the Constitution itself to prescribe that procedure
2. Parliament may amend the Standing Orders of Parliament to provide for a standalone standing order to deal with the Bougainville referendum result.
3. Parliament may have constitution amendments or regulations under Section 342 of the National Constitution prescribing the procedure pursuant to the agreement reached in the Era Kone Covenant.
4. Parliament may make a sessional order by resolution to deal with the Bougainville referendum
5. Or seek a Supreme Court interpretation and allow the court to prescribe a way forward.
The preferred method is a sessional order which sets out an agreement by which both sides proceed towards a vote. A sessional order is expected to abide by the following steps:
1. The referendum results are accepted by two thirds absolute majority vote on a motion to be moved by a minister.
2. A motion that the National Parliament accept the results of the Bougainville referendum shall only be moved by a minister after not less than three meetings of the National Parliament from the time of tabling of the results of the referendum.
3. The motion shall be decided by a vote that shall be recorded and must be supported by a two thirds absolute majority.
4. The speaker shall announce the result of the vote and a decision by the parliament.
A Bougainville delegation led by President Ismael Toroama were in the Parliament chambers on Tuesday to hear the statement by the Bougainville Affairs Minister.
Earlier, Attorney General of the Autonomous Bougainville Government, Ezekiel Masatt, said he was confident that the process would eventually be completed. However, he was concerned about the level of awareness among the younger generation born after the end of the Bougainville crisis.
He said it is essential that the history is explained and Bougainville’s journey towards independence is appreciated and healing allowed to continue through the political process.
A key aspect of that awareness and education, he believes, should be directed towards Members of Parliament who will ultimately vote on Bougainville’s independence.
“I actually remind the National Members that human lives were lost on both sides. That’s what people forget. Many people think it was a slaughter of Bougainville people only. No. The peace process was meant to to silence the guns and give our younger generation a real chance at living in peace, it must be addressed by both sides. I think it’s a matter that the two sides should address sooner rather than later.
– Ezekiel Masatt, Attorney General, Autonomous Bougainville Government
