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Bougainville Referendum Commission Statement on Eligibility Criteria

The criteria for enrolment is based on several different elements of the legal framework. As the BRC only came into existence in late 2018, the BRC was not involved in the drawing up of the framework.

For those enrolling in Bougainville, the criteria are drawn from:

  • Section 315 of the Bougainville Peace Agreement 2001
  • Schedule 1, section 23 of the Organic Law on Peace-building in Bougainville – Autonomous Bougainville Government and Bougainville Referendum 2002
  • Section 7(1) of the Bougainville Constitution
  • Section 52(1) of the Organic Law on National and Local-level Government Elections

The Bougainville Peace Agreement states that “eligibility to vote in the referendum will be the same as for national elections in Bougainville …….”

This section of the Peace Agreement is operationalised by the Organic Law. For people resident in Bougainville this means that they must meet the same criteria as those to register in PNG national elections. So the criteria for those living in Bougainville are:

  • Must have been living in Bougainville for at least the past six months prior to enrolment
  • Were born on or before 12 October 2001
  • Are a PNG citizen
  • Are entitled to vote in PNG National Elections

The Bougainville Peace Agreement further states that for non-resident Bougainvilleans, the “detailed criteria [are] to be finalised through consultation” between the two Governments.

At the Joint Supervisory Body of 29 June 2018, the two Government agreed on the links with Bougainville that a voter must have to be eligible to enrol from outside of Bougainville.

For non-resident Bougainvilleans (Bougainvilleans living outside Bougainville), the eligibility criteria for enrolment has been agreed to be:

  • Must have links to Bougainville by birth, adoption, marriage or clan
  • Were born on or before 12 October 2001
  • Are a PNG citizen
  • Are entitled to vote in PNG National Elections

As can be seen, the criteria have been set for some time. The legal framework also gives the BRC no discretion – if a person meets these criteria, and applies to be included on the roll, then the BRC must enrol them.

All applicants for enrolment will be subject to an objections process, and so any other enrolled voter can lodge an objection if they see anyone included on the draft roll who does not meet the criteria. 

 

Approved for release by the BRC Chief Referendum Officer 

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