The University of EdinburghPeace Agreements DatabasePeaceRep

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

  • 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.


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