Sharp Agreement on the Dispensation of Constitutional Requirements Relating to the Process of Transfer of Functions and Powers

• Country/entity

  Papua New Guinea
  Bougainville
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Sharp Agreement on the Dispensation of Constitutional Requirements Relating to the Process of Transfer of Functions and Powers
• Date

  13 May 2021
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

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

  Implementation/renegotiation
• Conflict nature

  Government/territory
• Peace process

  Bougainville: peace process
• Parties

  Hon. James Marape, MP
  Prime Minister
  Government of Papua New Guinea
  
  Hon. Ishmael Toroama, MHR
  President
  Autonomous Bougainville Government
• Third 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 Government
• Description

  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

  PG_210513_Sharp Agreement.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

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