Executive Branch Reform: Bougainville Peace Agreement

BPA (B)(4):

29. The Bougainville Constitution will provide for the autonomous Bougainville Government to include an accountable executive body.

30. There will be a head of the executive whose title, method of appointment, and powers and functions will be specified in the Bougainville Constitution.

43. The bodies established by or under the Bougainville Constitution to make appointments of Bougainville judges, other constitutional office-holders, and heads of the Bougainville Police and any body equivalent to the Correctional Institutional Services shall include two nominees of the National Government.

50. Consistent with national sovereignty, the National Government will exercise powers and functions on the National Government list in relation to Papua New Guinea as a whole, including Bougainville.

51. The agreed National Government list is as follows:

• Defense;

• Foreign relations;

• Immigration;

• Highly migratory and straddling fish stocks;

• Central Banking;

• Currency;

• International civil aviation;

• International shipping

• International trade;

• Posts;

• Telecommunications;

• Powers required for direct implementation of the National Constitution, as amended in implementation of this Agreement (for example, citizenship, national elections);

• All other powers for which the National Government is responsible under other provisions of this Agreement.

Bougainville List of Powers and Functions

52. The list of powers and functions of the autonomous Bougainville Government

will:

(a) include all known or identifiable powers not on the National Government list, beginning with the powers that have been available to provincial governments under the National

Constitution;

(b) be developed during the drafting of the Constitutional Laws implementing this Agreement.

53. The Bougainville list will include the power to decide on foreign investment applications for Bougainville, and the autonomous Bougainville Government may establish its own administrative mechanism in relation to foreign investment matters for Bougainville.

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