« Back to Accord

Judiciary Reform: Bougainville Peace Agreement

Implementations

Judiciary Reform – 2001

The Judicial reform provision in the peace agreement gave the proposed Autonomous Bougainville Government extensive powers, including establishing its own court system. The implementation of this provision, however, cannot be ascertained without the implementation of the autonomy provision in the agreement.

Judiciary Reform – 2002

On January 23, 2002, the PNG Parliament unanimously passed the constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.¹ Bougainville effectively had powers over its own police, courts, public service, and taxation as of January 2002.²

On March 27, 2002, the PNG Parliament voted unanimously in favor of a proposed constitutional amendment and organic law on peacebuilding in Bougainville.³ This cleared the way for the constitution writing process of Autonomous Bougainville, which would deal with the court system of Autonomous Bougainville.

“Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
“Papua New Guinea to Grant Autonomy,” Associated Press Online, January 23, 2002.
“Papua New Guinea premier says “no turning back” on Bougainville autonomy,” BBC Summary of World Broadcasts, March 28, 2002.

Judiciary Reform – 2003

No information available on court reform initiatives.

Judiciary Reform – 2004

On 14 January 2004, the National Government handed over the constitution to the Autonomous Bougainville Government in Arawa.¹ The new Autonomous Bougainville Constitution includes a provision for its own court system. The new Autonomous Bougainville constitution, from Article 112 to Article 137, addresses the make-up, appointment process, and functioning of the judicial arm of the government.

“Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.