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ABG President Opening Statement to the Joint Supervisory Body

Prime Minister, Ministers, senior officials, members of the diplomatic missions, ladies and gentlemen, I am pleased to see you all at this, the first meeting of the Joint Supervisory Body (the JSB) for 2019.

I wish to remind us all of the purpose of the JSB as stated in the provisions of the National Constitution that give effect to the Bougainville Peace Agreement (the BPA). Under section 332 of the National Constitution, it is intended to oversee the implementation of the Agreement and of Part XIV of the PNG Constitution (which gives effect to the BPA). In addition it is intended to provide a consultative forum for the two governments and their agencies. Finally, it is intended to provide an initial step of consultation in the dispute resolution procedure under the BPA and the Constitution.

Prime Minister, the role of the JSB in overseeing implementation of the BPA is the critical one. Both Governments are required by the National Constitution to strictly adhere to the terms of the BPA, and of the Constitutional Laws that give effect to it.  Failure to adhere to the BPA can result in sabotage of not just the BPA, but of the whole peace process. I am deeply disappointed to see what may be the beginnings of sabotage of the BPA. This can be seen in the failure of the National Government to make necessary funds available to the Bougainville Referendum Commission, and failure to make payments to the ABG of the constitutionally provided grants.

I hear too of moves to mount a constitutional reference to the Supreme Court about the Constitutionality of the provisions of the Constitution on the referendum. The argument is that the Constitution is providing a way for Bougainville to breakaway from Papua New Guinea, and that such provisions may be unconstitutional. But in fact, the Constitution does not provide for Bougainville to breakaway. Rather, it provides for a referendum on the future political status of Bougainville, following which the two governments must consult about the outcome. Whether Bougainville is to become independent will be determined in two stages. The first is consultation between the governments, and the second is the final decision-making of the National Parliament. Prime Minister, I must make it clear that I will be deeply disappointed if there is substance to the talk I have been hearing about a constitutional reference being made. To be taking such action now, almost 17 years since the Constitutional amendments were made, but only months before the referendum is held, makes me think that the aim is to delay implementation of the BPA, and to sabotage the Agreement. I wish to make it clear that the ABG would not be willing to make this a joint reference.

Prime Minister, despite the talk of a constitutional reference, we are also discussing the date of the referendum. The clear message from the Bougainville Referendum Commission is that because of the slow release of funds that the target date for the referendum of 15th June 2019 is no longer viable. They will need more time to be ready to conduct a free and fair and credible referendum. We have jointly established the Commission as the independent body with the sole purpose of conducting the referendum. We must be ready to listen to its advice about holding the referendum.

Prime Minister, I am also deeply disturbed by what has emerged from the JTT about the payment of arrears of the Restoration and Development Grant (the RDG). The K302 million allocated to high impact projects and the K100 million allocated to the Buka Ring Road cannot be accepted as meeting the intention of the compromise on the RDG agreed to at the December 2017 JSB. At the appropriate point of this meeting, I will call on the ABG Minister for Finance to explain the issues here in more detail.

Another aspect of the RDG is the failure of the National Government to pay any RDG in its 2019 budget. While you assured me earlier this year that the failure was simply a result of an administrative oversight, noting has been done to deal with the oversight. As a result, the ABG has almost nothing in funds apart from the Recurrent Grant. I very much hope that you will have news for us at this meeting about how you will meet your constitutional obligation to pay the RDG, and that it will not be the K15 million which has become the standard amount of payment. There is a formula in the Organic Law on Peace-building, and even under the National Government’s interpretation of the formula, the annual amount payable for 2019 should be much more than K15 Million.

I hope that at this JSB meeting, we can make some real progress on these and the other matters included on the agenda.

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