News and Public Notices

On the 21st of February, the Bougainville House of Representatives voted on two constitutional amendments:

1. Section 55 – Membership of Former Combatants
2. Section 89 (2) – Repealing of two terms for President seat to three terms

Section 91(4)(f) was also intended to be introduced as a consequential amendment. The Section 55 amendment was passed and proceeds to the third reading.

Section 89(2) was deemed not to have received the required two-thirds majority and lapsed. Twenty-five (25) members had voted in favor of the amendment.

The Bougainville Executive Council will file a Supreme Court reference.

The first issue to be referred is to declare Section 89(2) and 91(4)(f) as being a denial of one’s human rights to participate in the electoral process as a candidate, thus both sections 89(2) and 91(4)(f) are unconstitutional. The restriction is directly intended at denying one’s constitutional rights.

The second reference will be directed at the Speaker’s rulings:

1. The Speaker refusing to rule that the three former combatant’s seats were extinguished upon the conclusion of referendum; thus they were “strangers” according to the standing orders and were not legally able to vote, let alone be present in the chambers.
2. That the two-thirds majority is based on the total forty (40) member house. This meant the Speaker also counted the vacant seat of Taonita/Teop, with the Member having been deceased some months ago. Because the vacancy occurred within twelve months before the next elections, no by-elections for that seat can be held.

The effect of the Speaker’s rulings meant that the two-thirds majority remained at twenty-seven (27), two-thirds of 40. Had the Speaker ruled otherwise, the absolute majority would have been twenty-four (24), two-thirds of 36.

The government had achieved the required two-third majority with twenty-five (25) members having voted in favor of the amendment of Section 89(2).

The amendment should have therefore moved to the third reading and the Section 91(4)(f) consequential amendment been allowed to be introduced.

Ends…///

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