Bougainville Mission Print E-mail

In early 2006 ICJ Australia were honoured to be invited by the Autonomous Bougainville Government (ABG) to visit the Autonomous Region of Bougainville (ARoB) to determine the feasibility of assisting the ABG in designing a Bougainville Judicial System. The establishment of a judicial system in Bougainville is a key feature of the Peace Agreement and the Bougainville Constitution. These instruments stipulate that a judicial system be grounded in the principles of justice that typify Bougainvillean customary law. ICJ Australia was excited by this unique opportunity and in particular the request by the ABG to explore how Bougainvillean customary law could be integrated within a judicial system that, at the same time, was consistent with the existing national PNG system and recognised international human rights standards.

Early discussions with the ABG focused on the nexus between village-level mediations and more formalised court resolutions. The ABG stressed the need to build on what was happening on the village-level and to build the capacity of Bougainvilleans to implement and manage the new judicial system. Noting the ABG's desire ICJ Australia agreed to explore a wide variety of options and to leverage its unique network to assist the ABG in both designing a new system and assisting in building Bougainvillen capacity. In order to effectively accomoadate the requirements of the ABG, ICJ Australia proposed a three-stage approach including a scoping mission to determine the deasibility of assisting the ABG in designing a Bougainvillean judicial system based on the Bougainville Peace Agreement and the Constitutions of Bougainville and Papua New Guinea; a design stage grounded in both broad community input and technical legal advice, and an implementation project that assists the ABG in introducing the new judicial system.

The three-stage approach was submitted to the ABG for approval. The ABG agreed with our approach and upon receiving such notice ICJ Australia submitted a proposal to the Bougainville Governance Implementation Fund (GIF) outlining our project in 2006. The GIF recieved the proposal favourably and in late 2006 ICJ Australia received funding through AusAID and NZAID. ICJ Australia received GIF funding ultimately for two trips to PNG and Bougainville in April and August 2007.

In the words of the Hon Joseph Kabui to the House of representatives on 3 August 2005, "this is a unique opportunity to develop Bougainvillean solutions to Bougainvillean challenges and issues."  ICJ Australia are continuing to assist the ABG in developing their judicial system.

 

 

 

 

 

  

 

 
   
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