The Constitutional Requirements for the Bougainville Referendum
President Momis has again confirmed the legal basis for the conduct of the Bougainville referendum - currently being prepared for by the National and Bougainville governments.
“It is disturbing that at the eleventh hour, after nearly 20 years since the signing of the Bougainville Peace Agreement by the National Government, a former National Government minister is now making absurd claims that the referendum is somehow unconstitutional.”
President Momis said the PNG Parliament had a clear power to amend the Constitution, making way for the legal and peaceful resolution of Bougainville’s future political status. “In 2002 when Sir Mekere Morauta was Prime Minister, the National Parliament amended the Constitution to provide for the Bougainville referendum,” Mr Momis said.
“Unlike other countries, there is simply no constitutional requirement for a referendum to amend the Constitution.” “In fact, the independence Constitution has been amended more than 40 times since independence in 1976. There has never been a referendum held to approve any of those many amendments as the former member is claiming.”
The President was responding to false claims being made on social media by former Member of the National Parliament, Mr. Daniel Tulapi that changing the Constitution to allow for referendum was unconstitutional and an act of treason.
“Mr. Tulapi also says that Prime Minister Bill Skate committed treason by promises of referendum and independence to Bougainville. He is wrong. The constitutional amendments when Sir Mekere Morauta was Prime Minister. Further, Sir Mekere Morauta at no time offered independence to Bougainville."
Mr Tulapi has also claimed that it would be treason for the Parliament to grant independence to any part of PNG.
“The Constitution does not provide for Bougainville to become independent. Rather, it provides for Bougainville to have a referendum in which independence must be one of the choices offered. The Constitution then requires the two governments to consult about the results.”
Mr Momis appealed to national members to be informed of the facts ahead of the referendum.
“False and misleading statements ignore the fact that the Bougainville Peace Agreement and the constitutional amendments that give effect to it were joint creations of PNG and the combined Bougainville leadership. “Let us be clear about the law, about the history, and let us get on with the task of holding an internationally credible referendum for the people of Bougainville, but for which all Papua New Guinea can rightly be proud.”
“The Peace Agreement was a political settlement to the worst ever violent conflict amongst Pacific Island peoples. The Agreement was a great achievement for Papua New Guinea. It has been recognised as such by the United Nations and by many other nations.
“Care is needed not to sabotage the great progress we have made together in the name of peace. All parties need to commit themselves to the process and to full implementation of the peace agreement. That agreement is a joint creation between the National Government and the Bougainville leadership. It is a good agreement.”
[ Back to News ]
