The Bougainville House of Representatives has passed the Bougainville Court Bill and the Bougainville Community Courts Bill into law today, marking the legal establishment of a unique and independent law and justice system for Bougainville.
Speaking in parliament this week, ABG Attorney General and Minister for Justice Hon. Ezekiel Masatt, explained that the power to establish the Bougainville Court arises from the Bougainville Peace Agreement, the Bougainville Constitution, and Part XIV of the Constitution of Papua New Guinea.
“The Bougainville Court will form an integrated system of justice along with the Bougainville Community Courts, to be established under the separate Bougainville Community Courts Bill,” he stated.
Speaking on the Bougainville Court, Minister Masatt noted that this Bill is intended to establish the Bougainville Court, which will have jurisdiction similar to that of the District Court under national law.
“The Bill aims to provide an intermediate court in Bougainville with jurisdiction similar to that conferred on magistrates under National law (including while sitting as the District Court, Juvenile Court, Family Court, Local Land Court, Provincial Land Court, and Coroner), as authorized by Section 126(1)(a) of the Bougainville Constitution,” he explained.
Minister Masatt further detailed that the Bougainville Court will consist of a Principal Judge and Bougainville Court Judges, with court registries situated in North, Central, and South Bougainville. The Bougainville Court will have six divisions (Administrative, Coronial, Criminal, Family, Land and Miscellaneous Civil). The Court will sit with land mediators in the Land Division and can be assisted by traditional chiefs and leaders as assessors in appropriate cases.
He emphasized that the Bougainville Court Bill aims to provide updated, modern court procedures aimed at simplifying legal proceedings and increasing access to justice for ordinary Bougainvilleans.
“The Bougainville Court will, however, continue to apply the practice and procedure of the District Court in criminal proceedings until replaced by a new Bougainville law or rules of court. The Bill balances the need for continuity and stability in court services with reform and the establishment of a new court and community justice model under Bougainville control.”
Speaking on the Community Court Bill, Minister Masatt explained that this bill will serve Bougainville’s new community justice system with jurisdiction similar to that of village courts under the national law.
“The community court model has been specifically designed for Bougainville and will be unique and distinct from the Papua New Guinea village court system. Community Courts will replace village courts and the National Village Courts Act 1989 will no longer apply in Bougainville,” he noted.
Minister Masatt added that community courts will not exercise formal judicial powers but rather deliver a system of community justice aligned with customary systems of social control and dispute resolution.
Under the new Community Courts, the Community justice proceedings assist the communities in the area of the Community Government to maintain safety, order, and security and prevent conflict from starting or escalating.
“Community justice proceedings will be used to resolve disputes or conflicts, protect individuals or property from harm, address allegations causing harm to a person or property, or address non-compliance with community government rules,” he explained.
“Anyone may ask a community court to deal with a matter, including a traditional chief or other traditional leader, a person who is normally resident in the area of the court, or the Community Government of the area.”
The Department of Justice under its Shaping Bougainville Justice Program, had developed a practical migration workplan to ensure adequate resources, both financial and staffing, would be allocated to this program. This saw the restructure of the ABG Department of Justice with the inclusion of 655 positions including village court officials, community based corrections officers, court staff and land mediators.
The operational funding was captured in the 2024 ABG Budget which includes staff salaries and goods and services costs. This funding will be transferred from national agency budgets to the ABG, ensuring that service delivery in this sector does not fall below current levels following the transition.
The establishment of the Bougainville Court and Bougainville Community Courts represents the most significant expansion of ABG services since the inception of the Bougainville Public Service.
Copies of the new Acts will be publicly available in coming days on the ABG website, once they have been certified by the Speaker of Parliament.
Courtesy : ABG
