Legal provisions for direct democracy at the regional level

The Autonomous island of Bougainville has its own Constitution of the Autonomous Region of Bougainville 2004, available at: http://?www.?paclii.?org/?pg/?legis/?consol_?act/?cotarob2004558/?

Further information: The governing law of the many Provincial governments of PNG is the Organic Law on Provincial Governments andLocal-level Governments 1998 http://?www.?paclii.?org/?pg/?legis/?consol_?act/?olopgalg616/?  It is completely silent as to any referenda,plebiscites or other forms of direct democracy.

Bougainville Constitution

195.     CONSULTATIONTHROUGH PLEBISCITE.
 

(1) There may be established,by future amendment of this Constitution or by a Bougainville law made by anabsolute majority vote, procedures for the conduct of plebiscites throughoutBougainville, or, subject to Subsection (2), a part or parts of Bougainville,on issues which are considered to be of major importance, other than issuesrelating to the independence of Bougainville.

(2) Aplebiscite under Subsection (1) may be conducted only in a part or in parts ofBougainville where the subject of the plebiscite is relevant to that part orthose parts only and where the restriction of the plebiscite to that part or tothose parts shall not be divisive.

(3)The question as to whether or not the restriction of a plebiscite under thissection referred to in Subsection (2) is divisive, is non - justiciable.

(4) Anamendment to this Constitution, or a Bougainville law made by an absolutemajority vote, may provide or make provision for all aspects of the conduct ofplebiscites referred to in Subsection (1) including

(a)the class or classes of issues on which a plebiscite may be conducted; and
(b) the manner of determining the question to be posed in a plebiscite;and
(c) the promotion of public involvement in a plebiscite; and
(d) eligibility to vote in a plebiscite; and
(e) the manner and conduct of voting in and the manner of determiningthe result of a plebiscite; and
(f) the effect of the result of a plebiscite; and
(g) all other matters necessary or convenient to ensure the efficientconduct of a plebiscite.

Section 197 also explicitly envisages, on Bougainville:   ‘procedures –

to enable the People of Bougainville to initiateproposals for making laws; and
(b) to provide for consideration of the proposals by the relevantDepartments of the Autonomous Bougainville Government and other relevantbodies; and
(c) to provide for determination by the People of Bougainville by pollas to whether the proposals become law’

We do not know either way if Bougainville has adopted law to implement eitherplebiscites or initiatives.

Thereis no provision for referendums in PNG’s many Provinces.  However the Bougainville Autonomous Region’sConstitution of 2004 envisages a scheme of optional, non-binding plebiscitespotentially on issues of ‘major importance’ and also envisages the potentialfor referenda to consider citizen initiated legislation.