Peace Agreements Digital Collection: Bougainville (Papua New Guinea)
Bougainville Peace Agreement
Agreed Principles on Referendum
The National Government will move amendments to the National Constitution to guarantee a referendum on Bougainville's future political status.
The choices available in the referendum will include a separate independence for Bougainville.
The amendments will provide that the outcome will be subject to ratification (final decision-making authority) of the National Parliament.
The autonomous Bougainville Government and the National Government will consult over the results of the referendum.
The constitutional amendments will guarantee that the referendum will be held:
no earlier than 10 years and, in any case, no later than 15 years after the election of the first autonomous Bougainville Government;
when the conditions listed below have been met;
unless the autonomous Bougainville Government decides, after consultation with the National Government and in accordance with the Bougainville Constitution, that the referendum should not be held.
The conditions to be taken into account include:
weapons disposal; and
good governance.
The actual date of the referendum will be agreed after consultations by the autonomous Bougainville Government and the National Government.
The benchmarks to be used in determining good governance will take account of internationally accepted standards of good governance as they are applicable and implemented in the circumstances of Bougainville and the rest of Papua New Guinea. These benchmarks include democracy and opportunities for participation by Bougainvilleans, transparency, and accountability, as well as respect for human rights and the rule of law, including the Constitution of Papua New Guinea.
The National Government and the autonomous Bougainville Government will co-operate in ensuring progress towards the achievement and maintenance of these benchmarks.
The agreed procedures for review and resolution of disputes will be used to determine whether Bougainville has achieved the standard of good governance intended by this Agreement.
The referendum on Bougainville's future political status will be conducted in accordance with agreed constitutional arrangements.
The constitutional amendments and any Organic Law required to implement the agreed referendum arrangements will be introduced into the National Parliament together, and drafted to take effect at the same time.
Eligibility to vote in the referendum will be the same as for national elections in Bougainville plus non-resident Bougainvilleans (detailed criteria to be finalised through consultation).
The question(s) to be asked in the referendum should be clear and agreed by the National Government and the autonomous Bougainville Government.
The choices should be presented so as to facilitate a clear result.
The referendum will be free and fair.
The National Electoral Commission and the authority responsible for conducting elections in Bougainville will be jointly responsible for conducting the referendum.
International observers will be invited to observe the conduct of the referendum.
This agreement will be given effect through Constitutional Laws.
The National Government and the autonomous Bougainville Government will consult and co-operate to ensure that the conditions intended to apply before the referendum are met.
The agreed dispute resolution mechanism will be used to resolve any differences concerning any issues related to holding the referendum, including issues concerning the questions or method of choice in referendum, and the actual date of the referendum.
Consultations over the referendum will include:
timely communication of views in writing to a specified point of contact;
adequate opportunity to respond in a similar way;
where there are differences, meaningful exchange of views within an adequate, agreed and specified time-frame, either orally or in writing, with a view to reaching agreement; and
clear, written record of outcome (either agreement or different views), provided for all parties.
Agreed plans for weapons disposal will be fully implemented before elections for the autonomous Bougainville Government are held.
Amendment of Constitutional Arrangements for Autonomy And Referendum
The constitutional arrangements implementing this agreement may be amended only in accordance with both requirements (a) and (b) below:
after approval by the National Parliament in accordance with the amendment provisions contained in the National Constitution; and
in the case of the referendum provisions, after a vote in which a two-thirds absolute majority of members of the Bougainville legislature vote in support; or
in the case of the autonomy provisions, after a vote in which a simple majority of members of the Bougainville legislature vote in support.
Voting in the Bougainville legislature must be concluded before the second vote on the same Bill to amend is held in the National Parliament.
The National Government and the autonomous Bougainville Government will inform each other of any proposed amendments; consult over them through the agreed consultation procedures or the agreed five-yearly reviews before they are formally moved (or, in the case of Private Members' Bills put to the vote for the first time); and resolve any differences through the agreed dispute resolution procedures.
The constitutional provisions concerning the above entrenchment arrangements will themselves be subject to the above procedures and requirements.
Weapons Disposal
Endorsement of Weapons Disposal Plan
The Parties endorse the weapons disposal plan developed with ex-combatants and contained in the Resolution on Weapons Disposal adopted by the Peace Process Consultative Committee (PPCC) on 9th May 2001 (set out in the following pages), and will regard implementation in full accordance with the Plan as representing mutually acceptable compliance with the last paragraph of the Agreed Principles on Referendum (set out above).
Peace Process Consultative Committee (PPCC) Resolution on Weapons Disposal
Introduction
The PPCC welcomes the way in which the Bougainville Revolutionary Army (BRA) and the Bougainville Resistance Force (BRF) have come together, and acknowledges the positive foundation the Rotokas Record establishes for a comprehensive weapons disposal plan for Bougainville that is acceptable to all parties.
The PPCC reaffirms the commitment of all of the parties to implementation of the Lincoln and Ceasefire Agreements.
PPCC Sub-Committee
The PPCC hereby establishes a sub-committee to develop, manage and implement weapons disposal in accordance with this Resolution. The agreed membership of the sub-committee will be as follows:
Chairman:
Director, United Nations Observer Mission on Bougainville (UNOMB), or his representative
Deputy Chair:
Commander, Peace Monitoring Group (PMG), or his representative
Representatives of the following:
the National Government
the BRA
the BRF
The sub-committee may, by agreement, co-opt other members, including representatives of other groups.
The sub-committee will seek support for, and co-ordinate:
an active joint programme to promote public awareness, understanding and support of weapons disposal;
development and implementation of this Resolution, including mechanisms to ensure location, identification, control, withdrawal from the community and secure storage of weapons, with special regard for factory-made arms and ammunition;
means of ensuring the full and accurate recording of weapons, and securing the co-operation and participation by individuals and other groups.
The sub-committee shall take such account of the need for confidentiality as the parties may require for security at stage 1.
The sub-committee shall resolve such differences as may arise in relation to implementation under this Resolution.
Implementation
Weapons disposal will be implemented in stages.
Stage 1
Stage 1 will begin immediately, initially in areas where there is no Defence Force or Police Mobile Unit presence. It will proceed in all areas as follows:
Councils of Chiefs/Elders will inform UNOMB when the people in a particular area are ready for ex-combatants to disarm and re-integrate into the community, remaining Defence Force and Police Mobile Units to withdraw, and weapons to be securely contained;
UNOMB will inform the PPCC sub-committee;
the National Government will be advised and take appropriate steps to arrange for Defence Force and Police Mobile Unit personnel to withdraw from that area;
weapons will be handed in to BRA and BRF unit commanders, who will store them securely in containers provided through the PPCC and sealed for purposes of verification by UNOMB.
Note: BRA and BRF structures are outlined in Attachment 1.
Stage 2
After implementation of stage 1 in any area, stage 2 will begin in that area with the delivery of weapons to company commanders, who will place them in secure containers at a small number of central locations.
When and if amendments to the National Constitution to implement the comprehensive agreement are ready for certification, the weapons will be held in containers under UNOMB supervision and secured by two locks with one key held by the relevant commander and the other held by UNOMB pending a final decision on the ultimate fate of the weapons.
The Bills to amend the National Constitution will provide for the constitutional amendments to take effect on verification by UNOMB that the weapons are in secure, double-locked containers under its supervision.
Stage 3: Final Fate of the Weapons
A decision on the final fate of the weapons should be made within 4 months of the coming into effect of the constitutional amendments. If no decision is made, the Parties will meet with a view to reaching agreement on whether or not the elections should be delayed, taking into account whether or not there has been genuine handing in of weapons and the level of security of the weapons.
In any event, any of the parties may call on the UNOMB with the assistance of the PMG to verify and certify whether there has been substantial compliance by the parties in the handing in of weapons and whether the level of security of the weapons makes it conducive to holding the elections.
UNOMB's report will be presented to, and considered by, the PPCC.
The Bougainville parties will be bound by UNOMB's findings on whether or not the first election for the autonomous Bougainville Government will be deferred, and the length of any deferral.
Verification and Other Practical Considerations
UNOMB will carry out such inspections and enquiries as its representative considers necessary at each stage, verify the collection and storage of weapons, and report its findings regularly, frequently and fully to the PPCC, with respect for such confidentiality as may be required.
The parties will co-operate with each other and UNOMB to ensure that UNOMB can carry out its responsibilities under this Resolution efficiently and effectively.
Weapons that have been handed in will not be reissued.
Ex-combatants will not attempt to rearm.
Keys will be kept securely by those to whom they are entrusted, and not handed over to anyone else.
The parties will respect and co-operate in promoting wider respect for the security of containers, keys and those who are responsible for them under this Resolution.
The National Government assures the PPCC it will not redeploy members of the Defence Force or the Police Mobile Units in new areas or areas from which they have been withdrawn.
International Aspects
The National Government will seek the agreement of the United Nations Security Council for UNOMB to carry out the responsibilities specified in this Resolution.
The National Government will request the states that contribute to the Peace Monitoring Group (PMG) to (1) provide technical assistance, (2) agree to the PMG's support, for implementation of this Resolution.
The National Government will seek the assistance of foreign development co -operation partners in developing and implementing a programme to assist in the reintegration and rehabilitation of ex-combatants.
Reconciliation
Recognising that weapons disposal and reconciliation are both mutually reinforcing and necessary to lasting peace by peaceful means, the parties undertake to co-operate in promoting reconciliation among ex-combatants and in the wider community, and restoration of civil authority in Bougainville.
Attachment 1
The Bougainville Resistance Forces are organised as follows:
Company Command
Unit Command
A unit consists of 10-30 men, organised mainly on a local geographical basis.
A company command covers the area of an administrative District.
The Bougainville Revolutionary Army is organised as follows:
Regional Command
Company Command
Unit Command
A unit consists of 10-12 men, usually made up of localized membership.
There are 14 BRA companies, organised on a loosely geographical basis, and each consisting of 80-150 members.
Regional commands are organised into Southern, Central, Northern and Marine commands.
Weapons Disposal Mandates of UNOMB and PMG
The parties agree that
the PMG countries and the United Nations Security Council will be requested to agree to continue the PMG and the UNOMB in Bougainville and assist in implementing the PPCC Resolution on Weapons Disposal until the decision is made concerning the final fate of weapons at stage 3 of the agreed weapons disposal plan and the autonomous Bougainville Government is established;
the decision concerning the final fate of the weapons may require a continuing presence by the PMG and the UNOMB for a short period to conclude their assignments during implementation; and
the likely exit-dates for the PMG and the UNOMB are around the middle and not later than the end of 2002).
Other Matters
Amnesty And Pardon
The parties confirm that grants of amnesty
and pardon (as agreed in the Lincoln Agreement) for all persons
involved in crisis-related activities or convicted of offences
arising out of crisis-related activities should be expedited,
and will co-operate to ensure that they are.
Resolving Disputes During Implementation
In the period leading up to the establishment of the autonomous Bougainville Government, the parties will consult with a view to avoiding disputes and resolving such differences as may arise over implementation of this Agreement.
The means by which differences may be resolved may, by agreement, involve the assistance of a mutually acceptable, neutral third party, with reference to a court in appropriate cases as a last resort.
The National Government will table this Agreement in the UN Security Council, and use its best efforts to obtain support for UNOMB to continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement.
The PPCC, which the parties have invited UNOMB to chair, will continue to promote the peace process by addressing such issues as are within its mandate and the parties agree to refer to it for consideration during implementation.
The National Government will also use its best efforts to ensure that the PMG continues to provide such assistance in implementation of the Lincoln Agreement as the parties may, by agreement, request and the contributing states may agree.
Reconciliation, and Unified Structures for Bougainville
Reconciliation
The parties acknowledge the suffering, pain and loss, which has been caused to so many by the Bougainville conflict. Where tensions and differences
between individuals and groups remain unresolved, not only is suffering intensified, but peace itself can be threatened by risks of renewed conflict.
The success of the peace process has been based on resolution of tensions and differences through a wide range of reconciliation efforts.
Reconciliation has many aspects, including customary, religious, spiritual, personal, psychological, and economic. It includes concerns for history, memory
and justice. These qualities have been evident in the many reconciliation efforts made in Bougainville, within and between families and communities. For the peace to be self-sustaining, reconciliation efforts must continue.
The process of negotiating this agreement has contributed to the reconciliation process, both within Bougainville and between the rest of Papua New Guinea and Bougainville. The Agreement itself is intended to
further encourage the process, and among other things:
the autonomy arrangements and other aspects of the Agreement are intended to assist in building a new relationship between Bougainville and the nation as a whole;
the autonomous Bougainville Government and other arrangements for government in Bougainville are intended to end institutional divisions and encourage cooperation among Bougainvilleans;
the agreed weapons disposal plan is intended to remove a major factor contributing to conflict within Bougainville and between Papua New Guinea and Bougainville;
the arrangements for pardon and amnesty are intended to reduce tensions and divisions that could continue to flow from the conflict.
The signing of this Agreement is intended to be a symbol of progress in reconciliation.
The parties commit themselves to continuing to promote and pursue meaningful reconciliation both within Bougainville and between Bougainville and the rest of Papua New Guinea. They agree to cooperate in:
discouraging threats to individuals and groups or to the peace process as a whole;
where appropriate, preventing and punishing such threats in accordance with the law.
The parties will consult from time to time, as required, concerning the steps and resources that might be needed to facilitate further development
of reconciliation efforts in the future.
Bougainville Commitment to Unified Structures
The parties agree that:
all groups and individuals in Bougainville should commit themselves to working through the lawful and democratically elected government and the unified administrative and support structures established under the laws that will give effect to this Agreement;
the former combatant groups should be disbanded as soon as they no longer have a role in relation to implementation of the weapons disposal plan provided for under this Agreement;
commanders and members of the former combatant groups should sign the Statement of Commitment to Unified Structures attached to this Agreement.
Statement of Commitment to Unified Structures (Annex to the Bougainville Peace Agreement)
We, commanders and members of the former combatant groups, acting on behalf of those groups and speaking on behalf of their members, agree to the following things:
We are committed to working through the lawful and democratically elected autonomous Bougainville Government and the unified administrative and support structures established under the laws that will be established under the Bougainville Peace Agreement made by the representatives of Bougainville and the Papua New Guinea Government signed in August 2001.
We are committed to the former combatant groups being disbanded as soon as they no longer have a role in relation to implementation of the weapons disposal plan provided for under the Bougainville Peace Agreement.
We will work towards reconciliation of all disputes and tensions within Bougainville and to avoiding disputes and tensions in the future.
Signed at Arawa, Bougainville, Papua New Guinea, This 30th Day of August 2001:
(signed)
Hon. Sir Mekere Morauta, KT MP Prime Minister
(signed) Hon. John L. Momis MP Governor, Bougainville Interim Provincial Government
(signed) Hon. Moi Avei Minister For Bougainville Affairs
(signed) Joseph C. Kabui President, Bougainville People's Congress
(signed) Hon. M. Ogio Deputy Prime Minister MP For North
Bougainville
(signed) Hon. M. Laimo MP For South
Bougainville
(signed) Hon. S. Akoitai MP For Central Bougainville
(signed)
R. J. Banam
Chairman, Leitana
Council of Elders
(signed) MR. G. Sinato Deputy Governor
Bougainville Interim Provincial Government
(signed) MR. T Anis Vice-President
Bougainville People's Congress
(signed) MR. J. Tanis Vice-President Bougainville People's Congress
(signed) Ishmael Toroama Chief of Defence Bougainville
Revolutionary Army
(signed) Mrs. Ruby Mirinka Representative of Bougainville Women Appreciation:
Sincerely appreciative of the support and assistance they have provided for the peace process, the parties invite the representatives of the following countries and international organizations to witness this Agreement:
Witnessed:
(signed) Hon. A. Ferguson MP Head, The Australian
Delegation
(signed) Hon. P. Goff MP Minister For Foreign
Affairs, New Zealand
(signed) Hon. Ratu Talemo Ratakele MP, Minister
For Home Affairs, Fiji
(signed) Hon. J. Mahe Minister For Foreign
Affairs, Vanuatu Development, Solomon Islands
(signed) Hon. N. Waena MP Minister For Provincial Affairs and Rural
(signed) Ambassador N. Sinclair Head, United Nations Observer Mission On Bougainville
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
