Bougainville’s right to a referendum

Letters

I READ with interest the comments by Dr Thomas Webster in The National stating that the upcoming Bougainville referendum does not have any constitutional basis.
Dr Webster goes on to say that Papua New Guinea is one of the very few countries that does not provide for a referendum under its constitution.
Lately, the prime minister had publicly stated that the Constitution of PNG does not support the disintegration of the country but provides only for the unity of PNG.
I do not know what Thomas Webster and the prime minister actually mean but my understanding of the Bougainville referendum is that it is the result of the Bougainville Peace Agreement.
The Bougainville Peace Agreement subsequently resulted in the amendments to the PNG national Constitution.
Let me put it straight to Professor Thomas Webster and the PM and all other Papua New Guineans that the amendments done to the PNG national Constitution provides for a Bougainville referendum.
Part xiv of the PNG Constitution whose section 339 reads: REFERENDUM TO BE HELD. (1) Subject to this section, a referendum on the future political status of Bougainville shall be held in accordance with this Division…….
The Constitution specifically provides that for the referendum to be held, questions have to be formulated for the people of Bougainville to determine their political status.
Moreover, section 339 (c) is explicit in that one of the choices to be included in the ballot must be a choice for separate independence for Bougainville.
Section 339 (c) reads: The question or questions to be put at the referendum – (a) shall be agreed to by the national Government and the Bougainville government; and (b) shall be formulated to avoid a disputed or unclear result; and (c) shall include a choice of separate independence for Bougainville.
The national Constitution is very clear in that it specifically provides for a Bougainville referendum with a choice for separate independence for Bougainville.
I am also aware of the sensitivity of this national issue given the fact that PNG may not easily let go of Bougainville even if the people of Bougainville, through a majority vote, decide to choose separate independence for Bougainville.
What is important now is to allow the people to decide their political status rather than providing public statements that have no legal basis to the people of PNG and Bougainville.

J Minsipi (LLM)