BOUGAINVILLE President John Momis and legal adviser Chris Siriosi yesterday explained that the Bougainville Peace Agreement and the National Constitution were not silent on the appointment of the chief administrator. Mr Siriosi in his legal advice to the ABG and the National Government said: the procedural arrangements agreed to by the ABG with the National Government were merely arrangements of political convenience and do not change the reading of section 14 of the Organic Law on Peace-Building in Bougainville. The law which provides the process for the appointment of a person to the office of the Bougainville chief administrator is provided by the combined operations of the Bougainville Peace Agreement, the National Constitution and the Organic Law on peace building in Bougainville. The specific provisions are clause 197 of the Bougainville Peace Agreement and section 14 and 16 (2) (b) of the Organic Law on peace building in Bougainville. Section 297 (2) of the National Constitution provides for the minimum requirements for the consultation between the National Government. Mr Siriosi explained that the laws used by the ABG to appoint Lawrence Disin as the regions new chief administrator were correct. Mr Momis sought his advice from Mr Siriosi and made the appointment. Bougainville is not a provincial government any more. As far as I am concerned, as far as the legal advisers are concerned, it is the ABG that is only the legal and legitimate authority that can appoint the chief administrator. The Provincial and Local Level Government laws do not apply. Bougainville now has a special arrangement. The Provincial and Local Level Government law has no effect on Bougainville. The Provincial and LLG do not have any jurisdiction in Bougainville. The National Constitution was amended by us to exclude Bougainville from the application of the Organic Law on Provincial and Local Level Government, Mr Momis said.
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