Constitution Writing & Conflict Resolution
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Papua New Guinea 1995

To reduce corruption, parliament began a process to amend the constitution. The amendment dissolved the elected provincial assemblies whose politicians relied on the ability to give favors in return for electoral support. The amendment replaced the provincial assemblies with provincial bodies comprised of national MPs and local community delegates.

A commission drew up the initial draft of the amendment. An MP from one of the provinces opposed to the amendment served as chairman. Members to the commission were from other provinces, including provinces opposed, religious leaders, who also were opposed, trade unions, women’s leaders, and provincial and local authorities. Bouganville was in the middle of armed resistance to gain independence from Papua New Guinea. To resolve the Bouganville conflict, Bouganville was specifically exempted from the amendment. The commission drafted the amendment in six weeks.

A government funded educational campaign to inform citizens about the amendment lasted for five months. Citizens in local communities had the opportunity to submit briefs in public meetings. The New Guinea Island Leaders Forum gained several concessions from the government during this period.

There was not a clear time -table for passage of the amendment, however, the process was carried out according to the constitution. The constitutional amendment needed to be published in the Gazette and distributed to the MPs one month prior to being formerly introduced into parliament. The amendment had to pass two voting sessions by at least a 2/3 majority with at least two months between the votes to allow for opportunity for debate before voting. 109 delegates of the unicameral legislature held the voting authority. The third draft of the amendment passed by a vote of 86 in favor to 15 against on June 27, 1995 and went into force on August 8, 1995.

Notes: There was discussion during the amendment debate concerning the concurrent passage of the “organic law” and the constitutional amendment needed to authorize a new organic law. In December 1995, the parliament amended the constitution and changed the associated organic law by repealing and replacing 13 sections, amending 38 sections and adding 6 new sections.

 

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