Memorandum of Understanding between Buka Community Leaders and the National Government Delegation

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Country/entity
Papua New Guinea
Bougainville
Region
Asia and Pacific
Asia and Pacific
Agreement name
Memorandum of Understanding between Buka Community Leaders and the National Government Delegation
Date
5 Oct 1990
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Bougainville Conflict (1987 - 1998) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Bougainville: peace process
Parties
Hon. Fr. John Momis MP, Minsiter for Provincial Affairs;
Hon. Bernard Narokobi MP, Attorney General;
Sam Tulo, Leader of Delegation;
James Togel, Deputy Leader of Delegation;
Third parties
-
Description
A short memorandum of understanding between the National Government and a delegation of Baku community leaders. Agreement sets out a range of measures designed to address conflict related issues facing the Baku community.

Agreement document
PG_901005_MoUBukaCommunityLeaders.pdf | Download PDF

Groups

Children/youth
Groups→Children/youth→Rhetorical
Page 1,
6. The Buka leaders further urged the government, among other things to: -
... (e) rehabilitate and gainfully employ youth
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
Page 1,
3. The Buka leaders totally rejected secession, but urged the National Government to grant more autonomy to the Province through the existing Constitutional framework.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
Governance→Political institutions (new or reformed)→General references
Page 1,
6. The Buka leaders further urged the government, among other things to: -
... (b) establish an interim administration to run the affairs of Buka;
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
Power sharing→Political power sharing→General
State level
Page 2,
6. The Buka leaders further urged the government, among other things to: -
(a) appoint an additional member of Parliament to represent Buka in this crisis period;
Territorial power sharing
Power sharing→Territorial power sharing→Autonomous regions
Page 1,
3. The Buka leaders totally rejected secession, but urged the National Government to grant more autonomy to the Province through the existing Constitutional framework.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
No specific mention.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
Page 2,
8. The National Government delegation undertakes, within the legal, and constitutional powers and within the constraints of its financial resources to do all it can to restore government and business services to Buka and to the whole of Bougainville.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 1, Untitled Preamble
WHEREAS, on the 16th March 1990, following an agreement with the illegal BRA leadership, the National government withdrew all Security Forces on Bougainville; and
... AS A RESULT, the Buka people, out of desperation, sought the assistance of the Security Forces on 18/9/90 for safety and restoration of all government services;

Page 1,
4. The Buka leaders in equal vigour rejected the BRA's 'reign of terror and fear', and strongly welcomed the presence of the National Government and the Security Forces.

Page 1,
5. The Buka leaders highly commended the exemplary conduct of the Security Forces and urged their continued presence on Buka Island.

Page 1,
6. The Buka leaders further urged the government, among other things to: -
... (g) engage Buka personnel in the provision of security to the Island.

Page 2,
9. The National Government delegation undertakes to continue to provide security to the people of Buka as apart of its constitutional obligations.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 1,
4. The Buka leaders in equal vigour rejected the BRA's 'reign of terror and fear', and strongly welcomed the presence of the National Government and the Security Forces.

Page 1,
5. The Buka leaders highly commended the exemplary conduct of the Security Forces ad urged their continued presence on Buka Island.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, Untitled Preamble
WHEREAS, the Buka people have suffered atrocities and inhuman treatment at the hands of the outlawed BRA;
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1,
6. The Buka leaders further urged the government, among other things to: -
... (f) consider giving amnesty or immunity to the members of the BRA who freely surrounded to the government;
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
Page 2,
6. The Buka leaders further urged the government, among other things to: -
... (d) undertake a programme of reconciliation, restoration of services and compensation to the victims of the crisis.
Missing persons
No specific mention.
Reparations
Transitional justice→Reparations→Material reparations
Page 2,
6. The Buka leaders further urged the government, among other things to: -
... (d) undertake a programme of reconciliation, restoration of services and compensation to the victims of the crisis.
Reconciliation
Page 2,
6. The Buka leaders further urged the government, among other things to: -
... (d) undertake a programme of reconciliation, restoration of services and compensation to the victims of the crisis.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
UN Peacemaker, available at https://peacemaker.un.org/sites/peacemaker.un.org/files/901005_MoUBikaCommunityLeaders.pdf (Accessed on January 8, 2020; archived on WaybackMachine)

Memorandum of Understanding between Buka Community Leaders and the National Government Delegation

Whereas, on the 16th March 1990, folloiwng an agreement with the illegal BRA leadership, the National Government withdrew all Security Forces on Bougainville;

and

Whereas, the Buka people have suffered atrocities and inhuman treatment at the hands of the outlawed BRA;

and

As a result, the Buka people, out of desperation, sought the assistance of the Security Forces on 18/9/90 for safety and restoration of all government services;

And Whereas, the governemnt on 21/9/90 acceded to the people's request;

Not the National Government has asked certain prominent leaders of Buka to have urgent consultations on the provision of government services and security to Buka and elsewhere in Bougainville.

1. A Meeting has not been held between a delegation of the National Government led by Sir Michael Somare and certain community leaders of the Buka, led by Mr Sam Tulo, former national parliament member on the 3rd and 4th October, 1990 at the Malagan Lodge, Kavieng.

2. The Buka leaders briefed the National Government delegation of the current siutation in Buka.

3. The Buka leaders totally rejected secession, but urged the National Government to grant more autonomy to the Province through the existing Constitutional Framework.

4. The Buka leaders in equal vigour rejected the BRA's reign of terror and fear, and strongly welcomed the presence of the National Government and Security Forces.

5. The Buka leaders highly comment the exemplary conduct of the Security Forces and urged their continued presence on Buka Island.

6. The Buka leaders further urged the government, among other things to:-

a) appoint an additional member of parliament to represent Buka in their crisis period;

b) establish an interim administration to run the affairs of Buka;

c) provide services to buka immediately, making primary use of Buka personnel as a temporary measure;

d) undertake a programme of reconciliation, restoration of services and compensation to the victims of the crisis;

e) rehabilitate and gainfully employ youths;

f) consider giving amnesty or immunity to the members of the BRA who freely surrender to the government;

and

g) engage Buka personnel in the provision of security to the Island.

7. The National Government delegation highly commend the Buka leaders and the Buka people as a whole for their firm stand.

8. The National Government delegation undertakes, with the legal, and constitutional powers and within the constraints of its financial resources to do all it can to restore all government and business services to Buka and the whole of Bougainville.

9. The National Government delegation undertakes to continue to provide security to the people of Buka as a part of its constitutional obligations.

10. The parties agree that all good and services going to Buka shall be coordinated through the normal governmental channels.

11. The National Government delegation undertakes to consult the Buka delegation leaders in the process of restoration of goods and services, and to hold talks with them from time to time, as the need arises.

12. This memorandum of understanding does not prevent the continued dialogue and negotiations initated under August 5th, Endeavour Accord except that the parties agree that Mr Sam Tulo shall be included in any talks on the future status of Bougainville.

Hon. Fr.

John Momis Mp, Minister for Provincial Affairs

Sam Tulo, Leader of Delegation

Hon. Bernard Narokobi MP, Attourney General

James Togel, Deputy Leader of Delegation