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Ministerial Statement to Parliament by ABG Attorney General and Minister for Bougainville Independence Mission

Mr. Speaker, I wish to update this Honorable House on the progress or the lack thereof between the two Governments.

Mr Speaker, on the 31st of July 2023, JSB made a number of resolutions to fast-track the consultations which broke down at the technical level in March of last year. The key resolutions were to escalate the consultation to the political level and look at engaging a Moderator if there is any impasse.  

Mr. Speaker, of all the issues that had caused the impasse, only one remains that being the voting majority required to endorse the referendum results. I just returned from Pt Moresby. I can report to the House sadly that there has been no resolution of the disputed issue. Through a series of correspondences between Minister Makiba and myself the National Government maintains it will abide with the legal opinion of the State Solicitor. The State Solicitor essentially argues that because he Ratification will potentially lead to the need for Constitutional Amendments, the Ratification must therefore attract the highest voting majority.  

ABG’s position are:

  1. The sessional order will proceed by way of a Motion
  2. The potential for any Amendment, whilst inevitable is dependent on a successful ratification and attracts its own high voting majority and processes imposed by Law and cannot be rendered inapplicable by agreement between the two Governments

UN & MODERATOR PROPOSAL

Given the impasse, I have recommended to BEC and BEC has agreed to push for a Working Moderator. Specifically, I have proposed that the Moderator must not be one who is only engaged when there is an impasse. Rather he/she must have resource people attached to his office. The Moderator must have the ability to identify potential impasse issues and attend to those issues before it causes any impasse.

NON RATIFICATION JSB AGENDAS

The need for a working moderator is heightened because of the many recycled JSB agendas. Maybe the office of a Working Moderator could deal with the issue of outstanding RDG. Maybe he could deal with the correct, justifiable annual Fisheries funding. The BCL share transfer is now taking a look of a mystic, prehistoric tale.

The Office of the Moderator could assist by providing resource people to the BiPartisan Committee to provide Awareness to National Members. It is no longer acceptable that the Parties make commitments to deal with these long standing issues, adjourn the JSB and then do absolutely nothing, then turn up at the next JSB with a fresh set of excuses and the vicious cycle repeats itself.

BIPARTISAN COMMITTEE

I reiterate ABG’s position:

  1. We reject any nationwide consultations per se. unless:

-ABG has membership of the Bipartisan Committee

-More importantly, the Bipartisan activities must be expanded to include awareness to members of the national parliament

To date Minister Makiba has announced the establishment of the BiPartisan Committee but has not announced the expanded activity. The continuous National Parliament adjournments doesn’t allow the BiPartisan Committee to start work.

Let me be very clear, if Minister Makiba doesn’t announce the added activity of awareness to National MPs, I will withdraw ABG membership and participation.

CONCLUSION & NEXT STEPS

There are some decisions that this Government must make, the obvious one being:

  1. Should ABG continue to be engaged in the ratification process?

This is a matter to be played out in Waigani, not Kubu. The parties have consulted and signed the Era Kone Covenant.

My preferred option is to attain Independence through processes set out by the Bougainville Peace Agreement. The two Governments agreed to the BPA. It’s a Joint creation. But that is not the only way to achieve Independence. The more the National Government procrastinates, the greater the possibility of Bougainville attaining Independence through other legal means, other than the BPA endorsed process of Ratification.

  1. In light of the first draft of the e Independence Constitution being ready and the imminent need to set up the Constituent Assembly, discussions must begin on when exactly will be the year for Independence? Is it 2025? 2026? Or 2027?

I notice a couple of things I don’t like:

  • The unilateral decisions made by the National Government on some issues.

The requirement for consultations in the BPA were deliberately put in so there is a buildup of Trust between the two Governments. The absence of consultation is creating mistrust.

  • The call by Pangu (Bougainville) Branch executives for Bougainvilleans to pay for and become members of the Party; and implement Pangu Party policies for the next 20 years. This can easily be viewed as being anti - Independence.
  • I call on National MPs to clarify their stance on this situation.

I remind the people of Bougainville of the need to remain united behind this Government and as one people. The enemies of Independence and Peace have commenced their subversive activities. And I remind everyone that it is our own people and leaders who will be used to disunite and frustrate the Independence agenda.

 

Hon. Ezekiel Masatt, MHR
Attorney General & Minister for Bougainville Independence Mission
Member for Tonsu

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