THE CONSTITUTION
OF
THE
AUTONOMOUS REGION OF BOUGAINVILLE.
ARRANGEMENT
OF SECTIONS.
PREAMBLE
PART 1. BOUGAINVILLE.
1. Autonomous Region of
Bougainville.
2. Autonomous
Bougainville Government.
3. Jurisdiction of
Autonomous Bougainville Government.
4. Symbols of the
Autonomous Region of Bougainville.
5. Autonomous Region of
Bougainville Capital.
6. Declaration of
Loyalty to Bougainville.
7. Bougainvillean.
8. Owners of customary
land and elections.
9. Obligations of a
Bougainvillean.
PART II.
SCHEDULES REPEATING CERTAIN PROVISIONS OF NATIONAL CONSTITUTIONAL LAWS.
10. Schedules repeating
certain provisions of National Constitutional Laws.
PART III. BOUGAINVILLE OBJECTIVES AND DIRECTIVE
PRINCIPLES.
11.
Provisions of this Part non-justiciable.
12.
Implementation of objectives.
13.
Strengthening of customary authority.
14.
Democratic principles.
15.
Pursuit of peace, rehabilitation, reconciliation and harmony.
16.
Unity and stability of Bougainville.
17.
Autonomy and territorial integrity of Bougainville.
18.
Assistance to Institutions protecting and supporting human rights,
etc.,
19.
Fair representation of women and marginalized groups.
20.
Welfare of widows, children, orphans, the aged and the disabled.
21.
Provision of adequate resources for government.
22.
General social and economic objectives.
23.
The land and natural resources.
24.
Development.
25.
Human resource development.
26.
Transport infrastructure.
27.
The environment and conservation.
28.
Recognition of the role of Women in Bougainville Society.
29.
Children and Youth as the future of Bougainville.
30.
Recognition of the dignity of persons with disabilities.
31.
Music, the arts and sports.
32.
Education objectives.
33.
Medical services and health care.
34.
HIV/AIDS.
35.
Partnership with Churches, non-government organizations and other
Organizations.
36.
Natural disasters.
37.
Cultural objectives.
38.
Accountability.
39.
Rights of workers and employees.
PART IV. STRUCTURE OF
GOVERNMENT.
Division General.
40. Structure and
levels of Government.
Division 2. Autonomous Bougainville Government.
41. Autonomous
Bougainville Government.
42. Functions and
powers of the Autonomous Bougainville Government.
43. Factors to be considered by Autonomous
Bougainville before requesting a transfer of a function or power, etc.,
44. Land Matters.
45. Criminal Law.
46. Foreign Affairs.
47. Fisheries.
48. Underlying Law.
Division 3.
Other Levels of formal Government.
49.
Other Levels of formal government.
50.
Regional Government.
Division 4.
Traditional Systems of Government.
51.
Traditional Systems of Government.
52.
Advisory Body.
PART V. BOUGAINVILLE LEGISLATURE.
Division 1
General.
53.
Bougainville Legislature.
54.
Exercise of legislative power.
Division 2. House of Representative.
55.
Establishment and composition of the House of Representatives.
56.
Qualifications for and disqualifications from election.
57.
Normal term of office.
58.
Recall of Member of the House of Representatives.
Division 3. The
Speaker and the Deputy Speaker.
59.
Offices of Speaker and Deputy Speaker.
60.
Speaker.
61.
Removal from Office of Speaker.
62.
Deputy Speaker.
63.
Functions of the Speaker and the Deputy Speaker.
64.
Voting by the Speaker.
Division 4.
General Law-making powers of the House of Representatives.
65.
General Law-making powers.
66.
Certification as to making of Laws, etc.,
67.
Right to introduce new Laws.
Division 5.
Procedures, Privileges, etc., of the House of Representatives.
68.
Meetings of the House of Representatives.
69.
Quorum at meetings.
70.
Voting in the House of Representatives.
71.
Committees.
72.
Standing Orders of the House of Representatives.
73.
Privileges, etc., of the House of Representatives.
74.
International Agreements.
75.
Proceedings non-Justiciable.
76.
Questions as to Membership.
77.
Validation of acts of the House of Representatives.
78.
Clerks and Officers of the House of Representatives.
PART VI. THE BOUGAINVILLE EXECUTIVE.
Division 1 The
Executive Power.
79. Exercise of the
Executive Power.
Division 2.
Bougainville Executive Council.
80. Membership of the
Bougainville Executive Council.
81.
Representation of Regions.
82.
Caretaker Bougainville Executive Council.
83.
Appointment of other Members.
84.
Assumption of Office by Members of the Bougainville Executive Council.
85.
Responsibilities.
86.
Procedures.
87.
Delegation by the Bougainville Executive Council, etc.,.
Division 3. The
President.
88.
Office of President.
89.
Election of President.
90.
Special Election of President.
91.
Qualifications for and disqualifications from election as President.
92.
Assumption of Office.
93.
Functions of the President.
94.
Vacation of Office of President.
Division 4.
Vice President.
95.
Office of Vice-President.
96.
Appointment of Vice-President.
97.
Assumption of Office.
98.
Functions of the Vice-President.
Division 5.
Members of the Bougainville Executive Council Generally.
99.
Interpretation of Division 5.
100.
Vacation of Office of Members of the Bougainville Executive Council.
101.
Dismissal of Members of the Bougainville Executive Council.
PART VII. BOUGAINVILLE SENIOR APPOINTMENTS
COMMITTEE AND APPOINTMENTS GENERALLY.
102. Bougainville
Senior Appointments Committee.
103. Part-time Appointments.
PART VIII. CONSTITUENCIES AND ELECTIONS.
104.
Bougainville Boundaries Commissioner.
105.
Constituencies.
106.
Bougainville Electoral Commissioner and elections generally.
107.
Bougainville General Elections.
108.
By-elections.
109.
Form of Elections.
110.
Right to Vote.
111.
Political Parties.
PART IX. ADMINISTRATION OF JUSTICE.
Division 1.
General.
112.
Bougainville Courts.
113.
The Law Officers of Bougainville.
114.
Exercise of the judicial power.
115.
Alternative dispute resolution.
Division 2.
Bougainville High Court.
116.
Establishment of the Bougainville High Court.
117.
Composition of the Bougainville High Court.
118.
Acting Judges.
119.
Jurisdiction of the Bougainville High Court.
120.
Right to appeal from Bougainville High Court to Supreme Court.
Division 3. Appointment etc., of Judges of the Bougainville High
Court.
121.
Bougainville Judicial Appointments Committee.
122.
Qualifications.
123.
Appointment of Chief Justice of Bougainville.
124.
Appointment of Other Judges.
125.
Seniority of Judges.
Division 4.
Other Courts.
126.
Establishment of other Courts.
127.
Head of other Bougainville Courts.
Division 5. The Bougainville Public Prosecutor and the Bougainville Public Solicitor.
128.
Bougainville Public Prosecutor and Bougainville Public Solicitor.
129.
Functions of the Bougainville Public Prosecutor and the Bougainville
Public Solicitor.
Division 6. Removal from Office of Senior Judicial and Legal Office-holders.
130.
Removal from Office of Chief Justice of Bougainville, etc.,
131.
Procedures for removal.
132.
Constitution of Tribunals, etc.,
133.
Suspension.
Division 7. Miscellaneous.
134.
Rules of Court.
135.
Lack of procedural provision.
136.
Juries and Assessors.
137.
Reports of Bougainville Judges.
PART X. BOUGAINVILLE GOVERNMENT SERVICES.
Division 1. Introductory.
138.
Establishment of Bougainville Government Services.
139.
Civilian control.
140. Responsibility of heads of
Bougainville Government Services to Bougainville Executive Council.
141. Declarations of
Loyalty, etc.,
Division 2. Bougainville Public Services Commission.
142. Establishment of the Bougainville Public Services
Commission.
143. Functions
of the Commission.
144. Independence
of the Commission.
145. Personnel
matters.
Division 3. Bougainville Public Service.
146. Bougainville
Public Service.
147. Head of Bougainville
Public Service.
Division 4. Bougainville Police Service.
148. Bougainville
Police Service.
149. Chief of Bougainville
Police.
150. Further provisions
relating to Bougainville Police Service.
Division 5. Bougainville Correctional Services.
151. Bougainville
Correctional Service.
152. Chief of the Bougainville
Correctional Service.
PART XI. FINANCES AND FINANCIAL MANAGEMENT AND CONTROL.
Division 1. General.
153. General Principles
relating to finances and financial management.
Division 2. Outline of Finances of Autonomous Bougainville Government and Finance Administration
154. Outline of finances of Autonomous
Bougainville Government and finance administration.
Division 3.
House of Representatives and Finance.
155. Financial
responsibility of the House of Representatives.
156. Executive
initiative.
157. Revenue and
expenditure without prior approval.
Division 4. Bougainville Auditor-General.
158. Establishment of
office of Bougainville Auditor-General.
159. Functions of the
Bougainville Auditor-General.
Division 5. Public Accounts Committee.
160. Establishment of
the Public Accounts Committee.
161. Functions of the
Committee.
Division 6. Bougainville Salaries and Remuneration Commission.
162. The Bougainville Salaries
and Remuneration Commission.
163. Functions, etc.,
of the Commission.
164. Functions of
National Salaries and Remuneration Commission.
PART XII. THE BOUGAINVILLE OMBUDSMAN.
165. The Bougainville
Ombudsman.
166. Purposes of the
Bougainville Ombudsman.
167. Functions and
powers of the Bougainville Ombudsman.
168. Reports by the
Bougainville Ombudsman.
PART XIII. LEADERSHIP CODE.
169. Application of
Leadership Code.
170. Customary
standards of leadership.
171. Other responsibilities of
Office.
172. Particular
responsibilities of office.
173. Further provisions
concerning the Leadership Code.
174. Prosecution for
misconduct in office.
175. Investigation and prosecution may be
carried out where person no longer holds office.
176. Disqualifications
on dismissal.
177. Powers of Bougainville
Ombudsman in relation to criminal misconduct.
PART XIV. HUMAN RIGHTS.
Division 1. Rights.
178. Basic Rights.
179. Additional Rights.
Division 2. Qualification on Rights.
180. Qualifications on
the Qualified Rights.
181. Reasonably
Justifiable in a Democratic Society.
182. Validity of Emergency
Legislation.
183. Enforcement of
guaranteed rights and freedoms.
184. Damages for breach
of rights.
185. Human rights enforcement
body.
186. Customary methods
of dealing with human rights abuses.
PART XV. ISSUES ARISING FROM THE BOUGAINVILLE CONFLICT.
187. Issues arising from the Bougainville Conflict.
PART XVI. BOUGAINVILLE CONSTITUTIONAL OFFICE
HOLDERS AND BOUGAINVILLE
CONSTITUTIONAL INSTITUTIONS.
Division 1. General.
188. Other Provisions relating to Bougainville
Constitutional Office-holders and Bougainville Constitutional Institutions.
Division 2. Bougainville Constitutional Office-Holders.
189. Bougainville
Constitutional Office-Holders.
190. Removal from
office of certain Bougainville Constitutional Office-Holders.
Division 3. Bougainville Constitutional Institutions.
191. Bougainville
Constitutional Institutions.
Division 4.
Provisions of Facilities, etc.,
192. Provisions of
facilities, etc.,
PART XVII. BOUGAINVILLE REFERENDUM.
193.
Bougainville Referendum.
194.
Procedure in relation to the Bougainville Referendum.
PART XVIII. CONSULTATION AND PARTICIPATION.
195.
Consultation through Plebiscite.
196.
Participation in, and poll for law-making.
PART XIX. EMERGENCY PROCEDURES AND POWERS.
197. Definitions.
198. General approach to
certain emergencies.
199. Declarations of
emergency generally.
200. Declaration, etc.,
of Bougainville Emergency.
201. Declaration, etc.,
of National Emergency at request of Autonomous Bougainville
Government.
202. Request for revocation of declaration, etc.,
where National Emergency declared
other than at the request of the Autonomous Bougainville Government.
203. House of Representatives
Control.
204. Management and
control of emergencies.
PART XX. INTERGOVERNMENTAL RELATIONS AND
REVIEW.
205. Principles of
intergovernmental relations, etc.,
PART XXI. THIS CONSTITUTION.
206.
Supremacy of the Constitution.
207.
Alteration of this Constitution.
208.
Evolution of this Constitution and of the Autonomous Bougainville
Government.
209.
Interpretative Jurisdiction.
210.
Special References to Bougainville High Court.
211.
Special status of the Preamble.
212.
Construction of the Constitution generally.
213.
Construction of Bougainville Laws.
214.
Use of certain materials as aids to interpretation.
215.
Enforcement of this Constitution.
216.
Accessibility of the Constitution.
PART XXII. ALTERATION OF THIS CONSTITUTION AND OF PART XIV (BOUGAINVILLE GOVERNMENT AND BOUGAINVILLE REFERENDUM) OF THE NATIONAL CONSTITUTION, ETC.,
Division 1. Amendment of Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution, etc.
217.
Requirements for amendment of Part XIV (Bougainville Government and
Bougainville Referendum) of the National Constitution, etc.,
218.
National Constitutional Regulations.
Division 2. Alterations to this Constitution.
219. Making of alterations to
this Constitution.
PART XXIII. REVIEW OF THIS CONSTITUTION, ETC.,
220. Review of this
Constitution, etc.,
PART XXIV. MISCELLANEOUS.
221.