Sharp Agreement on the Dispensation of Constitutional Requirements Relating to the Process of Transfer of Functions and Powers
Export agreement coding (PDF)Country/entity
Papua New Guinea
BougainvilleRegion
Asia and Pacific
Asia and PacificAgreement name
Sharp Agreement on the Dispensation of Constitutional Requirements Relating to the Process of Transfer of Functions and PowersDate
13 May 2021Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ( )Stage
Implementation/renegotiationConflict nature
Government/territoryPeace process
Bougainville: peace processParties
Hon. James Marape, MP
Prime Minister
Government of Papua New Guinea
Hon. Ishmael Toroama, MHR
President
Autonomous Bougainville GovernmentThird parties
Witnessed by: Hon. Brian Kramer, MP Minister for Justice Government of Papua New Guinea Hon. Ezekiel Masatt, MHR Attorney General & Minister for Bougainville Independence Mission Implementation Autonomous Bougainville GovernmentDescription
Agreement to remove impediments to the constitutional process of transfer of functions and powers from the Government of Papua New Guinea to the Autonomous Bougainville Government, following the results of the Bougainville Referendum on independence.
Agreement document
Groups
- Children/youth
No specific mention.
- 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.
- ReferendumPage 2, Preamble,
Whereas the Prime Minister of Papua New Guinea has on the occasion of the declaration of the result of the Bougainville Referendum on the 13th of December 2019, and on other occasions, declared his Government's commitment to facilitate the transfer to Bougainville of all powers available to Bougainville under Section 290 of the National Constitution; - State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)
No specific mention.
- 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.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 2,
An Agreement proposed at the Sharp Memorial Centre, Arawa, and made today at Port Moresby between the Government of Papua New Guinea and the Autonomous Bougainville Government to remove impediments to the constitutional process of transfer of functions and powers.
Page 2, Preamble,
Whereas Section 295 of the National Constitution provides for a process for the transfer of functions and powers from the National Government to the Bougainville Government by which a function or power may be requested by the Bougainville Government to be transferred to it;
Page 2, Preamble,
Whereas the pre-requisite steps for initiating the process for transfer of a function or power being for Bougainville to assess its needs and capacity in relation to the function and power; and, for the Bougainville Government to give to the National Government 12 months' notice of its intention to seek the transfer of the function or power; and, for Bougainville to then consult with the National Government concerning the transfer of that function or power;
Page 2, Preamble,
Whereas Section 295 of the National Constitution further provides that both Governments may however agree to waive or dispense with those requirements;
Page 2, Preamble,
Whereas the Prime Minister of Papua New Guinea has on the occasion of the declaration of the result of the Bougainville Referendum on the 13th of December 2019, and on other occasions, declared his Government's commitment to facilitate the transfer to Bougainville of all powers available to Bougainville under Section 290 of the National Constitution;
Page 2,
2. The requirements under Section 295(a) and (b) of the National Constitution relating to the process of transfer of functions and powers available to Bougainville under Section 290 of the National Constitution, irrespective of whether a specific request was made or not by the Bougainville Government since the establishment of the Autonomous Bougainville Government, are dispensed with, effective as of the date of this agreement;
Page 2-3,
3. The Autonomous Bougainville Government shall, in consultation with the National Government, proceed to develop and continue to implement agreed plans for the transfer of functions and powers for which the Bougainville Government shall become responsible in accordance with the Bougainville Peace Agreement and Section 3 of the Organic Law on Peace-Building in Bougainville - Autonomous Bougainville Government and Bougainvile Referendum, 2002;
Page 3,
4. The Autonomous Bougainville Government shall as from this day be at liberty to legislate on any, or all, of those areas or matters under Section 290 in accordance with agreed plans;
Page 3,
5. All outstanding issues of the transfer of a function and power for which notice under Section 295(b) has been given, which includes the signing of inter-agency memorandum of understanding, will continue to be pursued to their completion.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharingPower sharing→Territorial power sharing→Autonomous regionsPage 2,
An Agreement proposed at the Sharp Memorial Centre, Arawa, and made today at Port Moresby between the Government of Papua New Guinea and the Autonomous Bougainville Government to remove impediments to the constitutional process of transfer of functions and powers.
Page 2, Preamble,
Whereas Section 295 of the National Constitution provides for a process for the transfer of functions and powers from the National Government to the Bougainville Government by which a function or power may be requested by the Bougainville Government to be transferred to it;
Page 2, Preamble,
Whereas the pre-requisite steps for initiating the process for transfer of a function or power being for Bougainville to assess its needs and capacity in relation to the function and power; and, for the Bougainville Government to give to the National Government 12 months' notice of its intention to seek the transfer of the function or power; and, for Bougainville to then consult with the National Government concerning the transfer of that function or power;
Page 2, Preamble,
Whereas Section 295 of the National Constitution further provides that both Governments may however agree to waive or dispense with those requirements;
Page 2, Preamble,
Whereas the Prime Minister of Papua New Guinea has on the occasion of the declaration of the result of the Bougainville Referendum on the 13th of December 2019, and on other occasions, declared his Government's commitment to facilitate the transfer to Bougainville of all powers available to Bougainville under Section 290 of the National Constitution;
Page 2,
2. The requirements under Section 295(a) and (b) of the National Constitution relating to the process of transfer of functions and powers available to Bougainville under Section 290 of the National Constitution, irrespective of whether a specific request was made or not by the Bougainville Government since the establishment of the Autonomous Bougainville Government, are dispensed with, effective as of the date of this agreement;
Page 2-3,
3. The Autonomous Bougainville Government shall, in consultation with the National Government, proceed to develop and continue to implement agreed plans for the transfer of functions and powers for which the Bougainville Government shall become responsible in accordance with the Bougainville Peace Agreement and Section 3 of the Organic Law on Peace-Building in Bougainville - Autonomous Bougainville Government and Bougainvile Referendum, 2002;
Page 3,
4. The Autonomous Bougainville Government shall as from this day be at liberty to legislate on any, or all, of those areas or matters under Section 290 in accordance with agreed plans;
Page 3,
5. All outstanding issues of the transfer of a function and power for which notice under Section 295(b) has been given, which includes the signing of inter-agency memorandum of understanding, will continue to be pursued to their completion. - Economic power sharingPower sharing→Economic power sharing→OtherPage 2, Preamble,
Whereas both Governments understand the need also to remove other forms of economic and financial controls which hinder the ability of the Autonomous Bougainville Government to effectively perform its function:...
Page 3,
6. All economic and financial controls by the National Government that continue to impede on the ability of the Autonomous Bougainville Government to effectively manage its own revenue collection - whether or not these controls have arisen under agreed plans by the implementing agencies as envisaged by Sections 4, 5, and 39 of the Organic Law on Peace-Building on Bougainville -Autonomous Bougainville Government and Bougainville Referendum 2002 - shall be reassessed or reviewed by the relevant agencies and have them removed as soon as practicable. - 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
No specific mention.
- TaxationSocio-economic reconstruction→Taxation→Power to taxPage 3,
6. All economic and financial controls by the National Government that continue to impede on the ability of the Autonomous Bougainville Government to effectively manage its own revenue collection - whether or not these controls have arisen under agreed plans by the implementing agencies as envisaged by Sections 4, 5, and 39 of the Organic Law on Peace-Building on Bougainville -Autonomous Bougainville Government and Bougainville Referendum 2002 - shall be reassessed or reviewed by the relevant agencies and have them removed as soon as practicable. - 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
No specific mention.
- Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- 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
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
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.
- SourceLanguage of Peace Database https://peaceadmin.languageofpeace.org/v3/agreements/1353/pdf (Accessed on 13/6/2022)
SHARP AGREEMENT
2021
Signed on Thursday 13 May, 2021 at Kumul Conference Room, Holiday Inn
SHARP AGREEMENT
On the Dispensation of Constitutional Requirements Relating to the Process of Transfer of
Functions and Powers
An Agreement proposed at the Sharp Memorial Centre, Arawa, and made today at Port
Moresby between the Government of Papua New Guinea and the Autonomous
Bougainville Government to remove impediments to the constitutional process of transfer of
functions and powers.
Preamble
Whereas Section 295 of the National Constitution provides for a process for the transfer of
functions and powers from the National Government to the Bougainville Government by which
a function or power may be requested by the Bougainville Government to be transferred to it;
and
Whereas the pre-requisite steps for initiating the process for transfer of a function or power
being for Bougainville to assess its needs and capacity in relation to the function and power;
and, for the Bougainville Government to give to the National Government 12 months' notice
of its intention to seek the transfer of the function or power;
and, for Bougainville to then consult
with the National Government concerning the transfer of that function or power, and
Whereas Section 295 of the National Constitution further provides that both Governments may
however agree to waive or dispense with those requirements;
and
Whereas the Prime Minister of Papua New Guinea has on the occasion of the declaration of
the result of the Bougainville Referendum on the 13th of December 2019, and on other
occasions, declared his Government's commitment to facilitate the transfer to Bougainville of
all powers available to Bougainville under Section 290 of the National Constitution;
and
Whereas both Governments understand the need also to remove other forms of economic
and financial controls which hinder the ability of the Autonomous Bougainville Government to
effectively perform its function:
It is now hereby AGREED as follows:
1. This Agreement abrogates the application of the Memorandum of Understanding between
the Government of Papua New Guinea and the Autonomous Bougainville Government on
the Overarching Framework for the Transfer of Functions and Powers from the National
Government to the Autonomous Bougainville Government Pursuant to the Bougainville
Peace Agreement of 2017;
2. The requirements under Section 295(a) and (b) of the National Constitution relating to the
process of transfer of functions and powers available to Bougainville under Section 290 of
the National Constitution, irrespective of whether a specific request was made or not by
the Bougainville Government since the establishment of the Autonomous Bougainville
Government, are dispensed with, effective as of the date of this agreement;
3. The Autonomous Bougainville Government shall, in consultation with the National
Government, proceed to develop and continue to implement agreed plans for the
transfer of functions and powers for which the Bougainville Government shall become
responsible in accordance with the Bougainville Peace Agreement and Section 3 of the
Organic Law on Peace-Building in Bougainville - Autonomous Bougainville Government
and Bougainvile Referendum, 2002;
4. The Autonomous Bougainville Government shall as from this day be at liberty to legislate
on any, or all, of those areas or matters under Section 290 in accordance with agreed
plans;
5. All outstanding issues of the transfer of a function and power for which notice under
Section 295(b) has been given, which includes the signing of inter-agency memorandum
of understanding, will continue to be pursued to their completion.
6. All economic and financial controls by the National Government that continue to impede
on the ability of the Autonomous Bougainville Government to effectively manage its own
revenue collection - whether or not these controls have arisen under agreed plans by the
implementing agencies as envisaged by Sections 4, 5, and 39 of the Organic Law on
Peace-Building on Bougainville -Autonomous Bougainville Government and Bougainville
Referendum 2002 - shall be reassessed or reviewed by the relevant agencies and have
them removed as soon as practicable.
Signed at Waigani this 13th day of May 2021.
Hon. James Marape, MP
Prime Minister
Government of Papua New Guinea
Hon. Ishmael Toroama, MHR
President
Autonomous Bougainville Government
Witnessed by:
Hon. Brian Kramer, MP
Minister for Justice
Government of Papua New Guinea
Hon. Ezekiel Masatt, MHR
Attorney General & Minister for Bougainville
Independence Mission Implementation
Autonomous Bougainville Government