By SEPKOLIN WALNE
During today’s update on the Bougainville Peace Process and the tabling of the Sessional Order in Parliament, Minister for Bougainville Affairs Hon. Manasseh Makiba reaffirmed that the National Parliament remains the final decision-making authority on the referendum results.
Minister Makiba explained that Section 342(2) of the Constitution requires him, as Minister for Bougainville Affairs, to table the referendum results, after which Parliament may make any decision it considers appropriate. He confirmed that the National Government rejects the Autonomous Bougainville Government’s interpretation of “ratification” in the Bougainville Peace Agreement, stressing that Parliament is not obliged to endorse or accept the referendum outcome.
“The term ratification was deliberately omitted from section 342 to avoid confusion with the treaty ratification provision of the Constitution and to ensure parliament retains full discretion. The Supreme Court has repeatedly affirmed that Parliament is not a rubber stamp for executive decisions and must be free to debate and determine matters of national importance. The referendum results, while politically significant, are not binding and must be considered in accordance with our Constitutional laws,” Minister Makiba said.
He emphasised that Section 342 places Parliament at the centre of the post referendum process, noting that the Constitution does not prescribe procedures for tabling, debating, or voting on the results.
“To address this procedural gap, the national government and the Autonomous Bougainville Government have agreed that Parliament will adopt a Sessional Order. The Sessional Order will establish the process for introducing the referendum results and joint consultation report, the structure and timing of debate, and the applicable voting thresholds,” Minister Makiba said.
Makiba added that the agreement of voting thresholds—both for adoption of the Sessional Order and consideration of the referendum results—has been a longstanding point of contention.
To resolve this, both governments tasked the Speakers of the National Parliament and the Bougainville House of Representatives to finalise the Sessional Order. The Sessional Order has been largely agreed, with the only difference being the required voting thresholds,” he said.