THE National Government and Autonomous Bougainville Government (ABG)have signed a Joint Memorandum of Agreement (MoA) on the Dispensation of Constitutional Requirements relating to the Process of Transfer of Functions and Powers pursuant on Section 295 of the National Constitution.
The MoA was signed by Prime Minister of Papua New Guinea James Marape and President of Bougainville Ishmael Toroama in Port Moresby yesterday.
The Memorandum of Understanding (MoU) now allows the requirements under Section 295 (a) & (b) of the National Constitution, regardless of whether a specific request was made or not by the Bougainville Government since the establishment of the Autonomous Bougainville Government, is now dispensed with.
In particular the removal of certain steps that have been seen as a hindrance to the implementation of the draw down process in the past. This includes the dispensation of the ABG’s need to assess its capability to operate the function or power. The issuance of a 12 months’ notice to the National Government will no longer be required, and funding issues must not be seen as an obstacle to the National Government allowing the transfer of a power to the ABG.
The ABG will now have the power to legislate on any, or all of those areas or powers under Section 290.
The two Leaders acknowledge that the establishment of the autonomy arrangements in Bougainville was a new journey for both governments and that there were expected challenges to be faced along the way.
However, the Sharp Agreement will ensure that the National Government and the Autonomous Bougainville Government consult to continue to implement on-going transition plans.
As the two sides prepare to enter into the first Joint Consultations over the result of the Bougainville referendum , it is critical that all outstanding autonomy implementations issues be separated and dealt with at the administrative level to ensure full focus of the two executive governments when consultations over the referendum results begins this month
The Agreement provides this much needed separation and repeals the existing MoU on the Overreaching Framework for the transfer of Functions and Powers from the National Government to the Autonomous Bougainville Government Pursuant to the Bougainville Peace Agreement 2017.
The two leaders reaffirmed their joint commitment and focus on the forthcoming Consultations and will have continued support to maintain and strengthen PNG and Bougainville relationships at all levels.