Temporary new institutions
Page 3, DRAFT BASIC AGREEMENT CONCERNING THE BOUGAINVILLE RECONCILIATION GOVERNMENT (BRG), ESTABLISHMENT OF THE BRG:
A. Bougainvillean leaders will convene a constituent assembly, broadly representative of the people of Bougainville, to adopt the document establishing the BRG.
B. The document establishing the BRG will be forwarded to the Papua New Guinea Government without delay after its adoption by the constituent assembly .
C. The document establishing the BRG may provide for the progressive development of the BRG.
Existing administrative arrangements, including local-level government, the delivery of services, reconstruction and development, will continue pending review and progressive restructuring on the initiative of the BRG.
Officials will remain at their posts in order to facilitate an integrated approach towards public administration.
Page 3, DRAFT BASIC AGREEMENT CONCERNING THE BOUGAINVILLE RECONCILIATION GOVERNMENT (BRG), STRUCTURE OF THE BRG
The BRG will have both legislative and executive arms.
The legislative arm will be broadly representative of the people of Bougainville, with special provision for representation of women and other interest groups as agreed by the Bougainvillean parties or, after it is established, the BRG
The document establishing the BRG will provide for the appointment, organisation and procedures of both the legislative and the executive arms, including relations between them.
Page 4, DRAFT BASIC AGREEMENT CONCERNING THE BOUGAINVILLE RECONCILIATION GOVERNMENT (BRG), STRUCTURE OF THE BRG
The four members who represent Bougainville in the national parliament will be full members of the legislative arm and entitled to be appointed to the executive arm.
The cost of the legislative and executive arms (including allowances and travel) will be met from the budget for the BRG.
The parties (and, when it is formed, the BRG and Papua New Guinea Government) will cooperate to ensure that members of the BRG can represent their people by speaking and making decisions freely within the law and according to conscience.
Page 8, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision A - Structure of Government
7. Structure of the Bougainville Reconciliation Government
The Bougainville Reconciliation Government consists of two principal arms, namely-
(a) the Bougainville People’s Congress, which is an elective legislature with powers of law-making, and
(b) th Congressional Executive Council
Page 8, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision B-Congressional Power
8. Purpose of Congress
The primary purpose of congress is to steer the negotiations done on behalf of the Bougainville Reconciliation Government in the negotiations between the Bougainville Reconciliation Government and the Government of Papua New Guinea.
Page 8, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision B-Congressional Power
9. Exercise of Law-making Power
The legislative power of the people is vested in the Congress but may be exercised by a smaller Congressional Legislative Council and if established by the Congress.
Page 9, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision C-Composition of Congress
10. Composition of Congress
(1) The Congress is a single-chamber legislature consisting of-
(a) All members representing the Bougainville people in the Parliament of Papua New Guinea; and
(b)members elected from the forty (40) former community governments, established under the former North Solomons Constitution; and
(c) members elected from communities not otherwise provided by or under the former North Solomons Constitution, in addition to the forty community governments; and
(d) members appointed as nominated members, appointed and holding office in accordance with Section 11 (nominated members)
(2) For the purpose of this section, the Congress may, by resolution, determine the maximum number of members in the Congress, taking into account the need for the fair representation of all factions and areas on Bougainville in then Congress.
Page 9, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision C-Composition of Congress
11. Nominated Members
(1) The Congress shall appoint as nominated members except for paragraph (g) and (h) –five members from each of the following groups, namely-
(a) Francis Ona’s group;
(b) The Bougainville transitional government (c) The Bougainville Interim Government
... (d) The Bougainville Revolutionary Army; (e) The Resistance Forces;
... (f) The Women organisations;
(g) The Churches; and
(h) Indigenous religious groups
(1)The Congress shall appoint one member each from the Churches and Indigenous religious groups.
Page 10, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision C-Composition of Congress
12. Qualification for and disqualification for membership
(1) A member of Congress must not be less than 25 years of age
(2) A candidate for election to the Congress must have been born in or is indigenous to the Constituency or area for which he or she intends to nominate for elections
Page 10, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision C-Composition of Congress
13. Normal Term of Office
The normal term of Congress shall be no longer than three years.
Page 10, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision D-The Speaker
14. Office of the Speaker and Deputy Speaker
(1) There shall be an office of the Speaker and deputy Speaker of the Congress.
(2) The Speaker and Deputy Speaker must be members of the Congress, and shall be elected by the
Congress by secret ballot in accordance with the standing orders of the Congress.
Page 10, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision E-Powers, Functions & Procedure
15. Quorum
The quorum for the sitting of the Congress is fifty percent of the number of seats in the Congress at the time.
Page 10, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision E-Powers, Functions & Procedure
16. Voting
(1) Except as provided in this section, all questions before a meeting of the congress shall be decided in accordance with the majority of votes of the members present and voting.
(2) Where a question is of such importance that a simple majority vote on it is, in the judgment of Congress not sufficient or inappropriate, the Congress may, by resolution, determine for itself the necessary numerical majority.
Page 10, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision F-Special Instances of Congressional Power
In the event that Congress believes that the political future of Bougainville is to be determined by an act of self-determination by the people, it may, by resolution, so specify the matter and manner in which such an act may be implemented; but this shall not, in any way, restrict the options available to the Bougainville Reconciliation Government and the Government of Papua New Guinea in developing a peaceful outcome to the negotiations.
Page 11, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision G-Congressional Committees
18. Congressional Committees on Core Functions of Government
(1) The Congress may from a Congressional Committee for each or for a number of core functions of Government.
(2) The Core functions of Government will be determined, from time to time, by the Congressional Executive council.
(3) The membership of such a committee, including its chairman and deputy chairman shall not exceed ten members of Congress.
Page 11, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision G-Congressional Committees
19. Function of Congressional Committees
The primary function of a Congressional Committee responsible for any or a number of core functions of Government is to ensure that the particular function of Government is carried out efficiently and effectively and shall, in this regard, be responsible for-
(a) the development of the overall congressional policy regarding that function of government;
(b) subject to this Constitution, the confirmation or otherwise of appointments of heads of departments or
divisions within the administration;
(c) the review of all actions of the executive to ensure their consistency with congressional policy.
Page 11, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision G-Congressional Committees
20. Other Committees
The Congress may form other Committees for a specific task of the Congress
Page 11, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision H-Calling, etc, of the Congress
21. Calling of Congress
(1) The Congress shall meet four times a year or more frequently as necessary.
(2) The congress shall be called to meet within six months of the adoption of Constitution.
Page 11-12, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision I-Constituencies & Elections
22. Constituencies
The first Constituencies under this Constitution shall be the areas of community governments established under the Community Government Act of the former North Solomons Constitution including those additional areas created by agreement of the Constituent Assembly, at, or after, the adoption of this Constitution.
Page 12, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 1. Bougainville Reconciliation, Subdivision I-Constituencies & Elections
23.Elections
(1) A general election to the Congress shall be held within three months, or within such longer period not exceeding six months, of the adoption of this Constituent Assembly.
(2) Subject to Section 13, general elections to the second and subsequent Congresses shall be called the
Speaker.
Page 12, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 2-The Executive
24. Vesting of the Executive Power
The executive power of the people is vested in the Congressional Executive Council, to be exercised in accordance with this Constitution.
Page 12, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 2-The Executive
25. The Congressional Executive Council
(1) Subject to subsection 2, the Congressional Executive Council shall consist of-
(a) the President-who shall be head of the council; and
(b) the two Vice Presidents
(c) such other members of the Congress, not exceeding twenty, who are fairly representative of all areas and
communities of Bougainville.
(2) The president, in consultation with the Congress, shall appoint the members of the Congressional Executive Council under paragraph (c).
Page 12, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 2-The Executive
26. Responsibility of the Congressional Executive Council
The Congressional Executive Council is responsible to Congress and is answerable to the people through Congress.
Page 12, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 2-The Executive
27. The President and Vice-Presidents
The President and the two Vice Presidents shall be elected by Congress at the first meeting of Congress.
Page 12, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 2-The Executive
28.Resignation
(1) The President may resign from office by notice in writing to the Speaker of Congress.
(2) A member of the Congressional Executive council may resign from office by notice in writing to the President.
Page 12-13, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 2-The Executive
29. Normal Term of Office
The normal term of a member of the Congressional Executive Council will be at the pleasure of the President.
Page 13, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART II-BOUGAINVILLE RECONCILIATION GOVERNMENT, Division 2-The Executive
30. Functions of Congressional Executive Members
The President in close consultation with the Congress will determine the functions of the Congressional Executive Council members.
Page 13-14, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART IV-TRANSITIONAL PROVISIONS
33. Constituent Assembly
(1) The Constituent Assembly, for the purpose of this Constitution, shall consist of-
(a) Francis Ona and, or, a number of his nominees; and;
(b) All the four Bougainville National parliamentarians; and
(c) All members of the Bougainville Transitional Government
(d) All members of the Bougainville Interim Government; and
(e) ten (10) members of the Bougainville Revolutionaly Army; and
(f) ten (10) members of the Resitance Force;and
(g) six (6) members to represent the women of Bougainville; and
(h) three (3) members to represent all churches on Bougainville; and (i) three(3) members to represent all indigenous religious groups.
(2) The Constituent Assembly shall upon the adoption of this Constitution elect two co-chairman for the purpose of the Constitution
(3) The purpose of the Constituent Assembly is to serve as the political body between the adoption of this Constitution and the first meeting of the Congress to continue the peace process and ensure the sistribution of services to the people.
Page 14, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART IV-TRANSITIONAL PROVISIONS
34. Dissolution of Constituent Assembly
At the first meeting of Congress and upon the swearing-in of members of the first Congress elected in accordance with this Constitution the Constituent Assembly will be dissolved.
Page 14, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART IV-TRANSITIONAL PROVISIONS
35. Chairman of the First Meeting of Congress
At the first sitting of Congress the Regional Member for Bougainville in the Parliament of Papua New Guinea or the former Premier of the Bougainville Transitional Government or the Vice-President of the Bougainville Interim Government shall preside to deal with the business of the Congress under this Constitution.
Page 14, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART IV-TRANSITIONAL PROVISIONS
36. Continuation of Local Level Governments
The system of Council Elders and the Councils of Chiefs and Village Governments established by the Bougainville Transitional Government and the Bougainville Interim Government will continue until such a time as the Congress legislates otherwise.
Page 14, CONSTITUTION OF THE BOUGAINVILLE RECONCILIATION GOVERNMENT, PART IV-TRANSITIONAL PROVISIONS
37. Standing Orders of Congress
The standing orders of the former North Solomons Provincial Assembly shall be adopted for the purpose of the Congress and shall be applied in a way that they facilitate, and not restrict, the procedures of Congress.