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Bougainville Peace Agreement

2. Autonomy
   
   
   1. Objectives of Autonomy
      
      
      4. On the basis of shared acceptance of the sovereignty of Papua New Guinea, the agreed autonomy arrangements are intended to:
         
         
         1. facilitate the expression and development of Bougainville identity and the relationship between Bougainville and the rest of Papua New Guinea;
            
            
         2. empower Bougainvilleans to solve their own problems, manage their own affairs and work to realize their aspirations within the framework of the Papua New Guinea Constitution;
            
            
         3. promote the unity of Papua New Guinea;
            
            
         4. provide for a democratic and accountable system of government for Bougainville that meets internationally accepted standards of good governance, including protection of human rights;
            
            
         5. ensure respect for the international obligations of Papua New Guinea, as well as the interests of Bougainville when Papua New Guinea enters into new international obligations;
            
            
         6. enable the National Government and the autonomous Bougainville Government to exercise their constitutional roles effectively and co-operatively;
            
            
         7. provide sufficient personnel and financial resources for the autonomous Bougainville Government to exercise its powers and functions effectively;
            
            
         8. maintain a mutually acceptable balance of interests between the interests of Bougainville and Papua New Guinea as a whole, including equity between different parts of the country.
            
            
   2. Boundaries
      
      
      5. Bougainville’s jurisdiction will extend to sea-areas where the National Government has power.
         
         
      6. The Constitutional Laws implementing the agreed autonomy arrangements will define Bougainville territory as extending to three nautical miles out to sea from the coasts of islands within the boundaries specified in the Organic Law on Provincial Boundaries.
         
         
      7. The National Government and the autonomous Bougainville Government will develop agreed arrangements for co-operation in the exercise of their respective powers and functions at sea.
         
         
      8. The National Government and the autonomous Bougainville Government will agree to equitable arrangements (additional to those agreed for fishing) for sharing revenues from activities in areas of sea and seabed beyond the guaranteed three-mile limit and within the Exclusive Economic Zone and the continental shelf associated with Bougainville territory.
         
         
      9. The question of whether Bougainville’s maritime boundaries should be extended beyond those agreed above will be determined through consultation between the National Government and the autonomous Bougainville Government, bearing in mind:
         
         
         1. the mutual benefits that Bougainville and Papua New Guinea as a whole gain from Papua New Guinea’s archipelagic status; and
            
            
         2. the agreed autonomy arrangements.
            
            
   3. Bougainville Constitution
      
      

      Bougainville Constitution

      10. There will be a constitution for Bougainville ("the Bougainville Constitution").
          
          
      11. The Bougainville Constitution will provide for the organisation and structures of the government for Bougainville under the autonomy arrangements ("the autonomous Bougainville Government") in a manner consistent with this Agreement.
          
          
      12. Relations between the National Government and the autonomous Bougainville Government will be regulated in accordance with the National Constitution and will not be the subject of provision in the Bougainville Constitution except as specifically provided elsewhere in this Agreement.
          
          
      13. The Bougainville Constitution will provide for the names of Bougainville and the autonomous Bougainville Government.
          
          

      Developing the Bougainville Constitution

      14. The Bougainville Interim Provincial Government in consultation with the Bougainville People’s Congress will establish a Constitutional Commission and a Constituent Assembly to make the Bougainville Constitution.
          
          
      15. 1. The National Government will be kept informed and allowed adequate opportunity to make its views known as proposals for the Bougainville Constitution are developed.
             
             
          2. Before the Bougainville Constitution is adopted by the Constituent Assembly, there will be consultation with the National Government about the contents of the draft Constitution.
             
             

      Constitutional Commission to Develop Proposals

      16. A Constitutional Commission broadly representative of the people of Bougainville will make proposals for a Bougainville Constitution.
          
          
      17. The Constitutional Commission will consult widely with the people of Bougainville to understand their views on a Constitution for Bougainville, and will prepare a draft Bougainville Constitution for consideration by the Constituent Assembly.
          
          

      Constituent Assembly to Debate and Adopt Bougainville Constitution

      18. The people of Bougainville, through a representative Constituent Assembly, will consider the draft Bougainville Constitution.
          
          
      19. The Constituent Assembly will debate and may amend the draft Bougainville Constitution, and will adopt the Constitution in the manner set out in this clause.
          
          

      Establishing the Constituent Assembly

      20. The parties will co-operate in facilitating the establishment of the Constituent Assembly.
          
          

      Principles and Standards for Development and Contents of Constitution

      21. Subject to other provisions of this Agreement, the arrangements used to establish the Bougainville Constitution and the structures and procedures for the autonomous Bougainville Government established under it will meet internationally accepted standards of good governance.
          
          

      Endorsement of Bougainville Constitution

      22. 1. Following adoption of the Bougainville Constitution, the Constituent Assembly shall transmit a copy of that Constitution to the National Executive Council.
             
             
          2. Upon being satisfied that the requirements of the National Constitution for the Bougainville Constitution have been met, the National Executive Council shall advise the head of State to endorse that Constitution.
             
             
      23. The National Government will gazette the Bougainville Constitution upon its endorsement by the Governor-General.
          
          
      24. The constitutional amendments will include an agreed procedure to ensure that the Bougainville Constitution can be brought into effect without delay.
          
          

      Coming into Effect of Bougainville Constitution

      25. The Bougainville Constitution will come into effect on a date after its endorsement by the Head of State, and in the manner provided for in that Constitution.
          
          

      Legal Status of Bougainville Constitution

      26. The Bougainville Constitution will be supreme law as regards matters that fall within Bougainville’s jurisdiction, and Bougainville laws and institutions will be required to be consistent with the Bougainville Constitution. The Bougainville Constitution will be enforceable:
          
          
          1. in the Supreme Court; and
             
             
          2. the Bougainville courts, to the extent provided for in the Bougainville Constitution.
             
             

      Amendment of Bougainville Constitution

      27. The Bougainville Constitution may be amended only by the Bougainville legislature following a procedure and requirements (inclusive of voting majority) as may be prescribed by the Bougainville Constitution.
          
          

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Posted by USIP Library on: April 9 2002
Source Name: Text e-mailed from the Adviser to the Papua New Guinea Government on the Bougainville Peace Process
Date e-mailed: October 31 2001

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