Agreed Principles on Referendum

• Country/entity

  Papua New Guinea
  Bougainville
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Agreed Principles on Referendum
• Date

  26 Jan 2001
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Bougainville Conflict (1987 - 1998) )
• Stage

  Pre-negotiation/process
• Conflict nature

  Government/territory
• Peace process

  Bougainville: peace process
• Parties

  H.E. Ambassador Noel Sinclair, Chairman, Director, UNOMB;
• Third parties

  Witnessed by:
  Dr Stephen Henningham, Chief Negotiator, PMG;
• Description

  A short agreement briefly setting out the terms for a planned referendum on independence for Bougainville.

• Agreement document

  PG_010126_Agreed Principles on Referendum.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Agreed Principles on Referendum

26 January 2001

1. The National Government will mve amendments to the National Consittution to guarantee a referendum on Bougainville's future status.

2. The Choices available in teh referendum will include a seperate independence for Bougainville.

3a. The amendments will provide that the outcome will be subect to ratification (dinal decision-making authority) of the National Parliament;

and

b. The autonomous Bougainville Government and the National Government will consult over the results of the referendum.

4a. The constituttional 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;

b. The conditions to be taken into account include:

weapons disposal, and

good governance;

c. The actual date of teh referendum will be agreed after consultation by the autonomous Bougainville Government and the National Government.

5a. The referendum on Bougainville's future political status will be conducted in accordance with agreed constitutional arrangements;

b. 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.

6. Eligibility to vote in teh referendum will be the same as for National Elections in Bougainville plus non-resident Bougainvilleans (detailed criteria to be finalized through consultation).

7a. The question(s) to be asked in the referendum should be clear and agreed by the Nationa Government and the autonomous Bougainville Government;

b. The choices should be present so as to facilitate a clear result.

8. The referendum will be free and fair.

9. International observers will be invited to observe the conduct of the referendum.

10. This agreement will be given effect through Constitutional Laws.

11a. 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.

b. Differences over any issues related to holding the referendum wil be resolved through procedures for resolving disputes to be included in the final agreement on autonomy and referendum.

12. Consultations over the referendum will include:

Timely communication of views in writing to specified point of contract;

Adequate opportunity to respond in a similar way;

Where there are differences, meaningful exchange of views within an adequate, agreed/specified time frame, either orally or in writing, with a view to reaching agreement;

and clear, written record of outcome (either agreeent or different views), prvided for all parties.

13. Agreed plans for weapons disposal will be fully implemented before elections for the autonomous Bougainville Government are held.

Signed as an accurate record on 26 January 2001 at Kokopo.

Signed by:

H.E. Ambassador Noel Sinclair

Chairman

Director, UNOMB

Witnessed by

Dr. Stephen Henningham

Chief Negotiator, PMG