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Joint Communique on the Outcome of the Bougainville Referendum

  • Country/entity

    Papua New Guinea
    Bougainville
  • Region

    Asia and Pacific
    Asia and Pacific
  • Agreement name

    Joint Communique on the Outcome of the Bougainville Referendum
  • Date

    11 Jan 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

    Copy of the agreement unsigned, but parties to signed version believed to be James Marape, Prime Minister, Government of Papua New Guinea and Ishmael Toroama, President, Autonomous Bougainville Government.
  • Third parties

    -
  • Description

    Agreement in which both the Government of Papua New Guinea and the Autonomous Bougainville Government agree to immediately commence joint consultations as required under the National Constitution and the Bougainville Peace Agreement, following the Bougainville Referendum on independence.


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.

  • Referendum
    Page 1,
    In furthering the Bougainville Peace process in the Post Referendum period and having met today, we officially reaffirm and assure the people of Papua New Guinea and Bougainville that the Governments of PNG and Bougainville are committed to the process of the joint Consultations on the outcome of the referendum.

    Page 1,
    The signing of the Joint Communique today signals our intention to immediately commence the joint consultations as is required by the National Constitution under Section 342 (1) and the Bougainville Peace Agreement under Clause 311 (b) for the Government of Papua New Guinea and the Autonomous Bougainville Government to consult over the outcome or result of the Bougainville referendum.

    Page 1,
    This Joint Communique affirms that as required by the Bougainville Peace Agreement, the referendum outcome will be subject to ratification (final decision making) of the National Parliament while Section 342 (2) of the National Constitution has prescribed that the decision of the National Parliament, relating to the referendum result is subject to consultation under Section 342 (1).

    Page 1,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;
    • That the Bougainville Peace Agreement provides for a political right to Bougainvilleans to a referendum among Bougainvilleans, on the future political status of Bougainville;
    • That the National Government had guaranteed that political right through Section 338 (1) of the National Constitution;

    Page 1,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the constitutional guarantee for the referendum under Section 338 (1) of the National Constitution depended on the Autonomous Bougainville Government’s (ABG) fulfillment of conditions relating to weapons disposal and good governance, of
    which the ABG satisfactorily met;

    Page 1,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the choice for separate independence was guaranteed under Section 339 (c) of the National Constitution as one of a number of possible choices available to Bougainvilleans in the referendum;

    Page 1-2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;

    Page 2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the referendum question and the following two choices of option 1 – Greater Autonomy, and option 2 – Independence was presented to Bougainvilleans in the referendum and were intended to facilitate a clear result:;

    Page 2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the referendum was conducted by an impartial Bougainville Referendum Commission (BRC), headed by Mr. Bertie Ahern of Ireland, which comprised of a fair number of representatives from the National Government and the Autonomous Bougainville Government;

    Page 2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • The referendum that was held between November and December 2019 and witnessed by international observers was free and fair, and according to observer groups “credible, transparent and inclusive”;

    Page 2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That a total number of 181,067 Bougainvilleans voted in the referendum, out of that 97.7 % of them chose independence;

    Page 2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the report of the Bougainville Referendum Commission was tabled in both the National Parliament and the Bougainville House of Representatives, and was unanimously endorsed by both parliaments.

    Page 2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    In adopting fully these established facts and principles; we hereby agree that the upcoming joint consultations will be moderated by an appointed Moderator and would be, but not limited to, addressing the key issues on the future political status of Bougainville, the method of endorsement by the National Parliament and the Documentation of record of the joint consultation.
  • State symbols

    No specific mention.

  • Independence/secession
    Page 1,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the choice for separate independence was guaranteed under Section 339 (c) of the National Constitution as one of a number of possible choices available to Bougainvilleans in the referendum;

    Page 1-2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;

    Page 2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the referendum question and the following two choices of option 1 – Greater Autonomy, and option 2 – Independence was presented to Bougainvilleans in the referendum and were intended to facilitate a clear result:;

    Page 2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That a total number of 181,067 Bougainvilleans voted in the referendum, out of that 97.7 % of them chose independence;
  • 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.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing
    Power sharing→Territorial power sharing→Autonomous regions
    [Summary: The entirety of the agreement relates to provision of a referendum on secession of the Autonomous Region of Bougainville, as an act on self-determination, implementing the commitment of the Bougainville Peace Agreement.]

    Page 1,
    The signing of the Joint Communique today signals our intention to immediately commence the joint consultations as is required by the National Constitution under Section 342 (1) and the Bougainville Peace Agreement under Clause 311 (b) for the Government of Papua New Guinea and the Autonomous Bougainville Government to consult over the outcome or result of the Bougainville referendum. This Joint Communique affirms that as required by the Bougainville Peace Agreement, the referendum outcome will be subject to ratification (final decision making) of the National Parliament while Section 342 (2) of the National Constitution has prescribed that the decision of the National Parliament, relating to the referendum result is subject to consultation under Section 342 (1).

    Page 1-2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the choice for separate independence was guaranteed under Section 339 (c) of the National Constitution as one of a number of possible choices available to Bougainvilleans in the referendum; and
    • That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’; and
    • That the referendum question and the following two choices of option 1 – Greater Autonomy, and option 2 – Independence was presented to Bougainvilleans in the referendum and were intended to facilitate a clear result:;...
    • That a total number of 181,067 Bougainvilleans voted in the referendum, out of that 97.7 % of them chose independence; and...
  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1-2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Vote and take part
    Page 1,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;
    • That the Bougainville Peace Agreement provides for a political right to Bougainvilleans to a referendum among Bougainvilleans, on the future political status of Bougainville;
    • That the National Government had guaranteed that political right through Section 338 (1) of the National Constitution;
  • 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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1-2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • 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
    Page 1-2,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;

Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 1,
    The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
    • That the constitutional guarantee for the referendum under Section 338 (1) of the National Constitution depended on the Autonomous Bougainville Government’s (ABG) fulfillment of conditions relating to weapons disposal and good governance, of
    which the ABG satisfactorily met;
  • 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.

  • Source
    Full text found at Language of Peace Database, https://peaceadmin.languageofpeace.org/v3/agreements/1301/pdf (accessed on 13/6/2022)

    https://reliefweb.int/report/papua-new-guinea/occasion-signing-joint-communique-prime-minister-papua-new-guinea-honourable / https://www.pmnec.gov.pg/index.php/secretariats/pm-media-statements/242-on-the-occasion-of-the-signing-of-the-joint-communique-by-prime-minister-of-papua-new-guinea-honourable-james-marape-mp-and-president-of-autonomous-bougainville-government-honourable-ishmael-toroama-mhr

Joint Communique on the Outcome of the Bougainville Referendum

11 January 2021

In furthering the Bougainville Peace process in the Post Referendum period and having met

today, we officially reaffirm and assure the people of Papua New Guinea and Bougainville

that the Governments of PNG and Bougainville are committed to the process of the joint

Consultations on the outcome of the referendum.

The signing of the Joint Communique today signals our intention to immediately commence

the joint consultations as is required by the National Constitution under Section 342 (1) and

the Bougainville Peace Agreement under Clause 311 (b) for the Government of Papua New

Guinea and the Autonomous Bougainville Government to consult over the outcome or

result of the Bougainville referendum.

This Joint Communique affirms that as required by the Bougainville Peace Agreement, the

referendum outcome will be subject to ratification (final decision making) of the National

Parliament while Section 342 (2) of the National Constitution has prescribed that the

decision of the National Parliament, relating to the referendum result is subject to

consultation under Section 342 (1).

The Joint Communique builds on the tremendous achievements of both Governments on

the Bougainville Peace process and embraces fully the statement of established facts and

principles as outlined herewith;

• That the Bougainville Peace Agreement provides for a political right to

Bougainvilleans to a referendum among Bougainvilleans, on the future political

status of Bougainville;

and

• That the National Government had guaranteed that political right through Section

338 (1) of the National Constitution;

and

• That the constitutional guarantee for the referendum under Section 338 (1) of the

National Constitution depended on the Autonomous Bougainville Government’s

(ABG) fulfillment of conditions relating to weapons disposal and good governance, of

which the ABG satisfactorily met;

and

• That the choice for separate independence was guaranteed under Section 339 (c) of

the National Constitution as one of a number of possible choices available to

Bougainvilleans in the referendum;

and

• That the both Governments had agreed to the definition of independence before the

conduct of the referendum to mean ‘an independent nation with sovereign powers

and laws, recognized under international law and by other international states to be

an independent state, separate from the state of Papua New Guinea, with a defined

territory, inclusive of maritime boundaries and associated exclusive economic zones;

and a government chosen by its people;

and capacity to enter into and manage

international relations and United Nations membership’;

and

• That the referendum question and the following two choices of option 1 – Greater

Autonomy, and option 2 – Independence was presented to Bougainvilleans in the

referendum and were intended to facilitate a clear result:

;

and

• That the referendum was conducted by an impartial Bougainville Referendum

Commission (BRC), headed by Mr. Bertie Ahern of Ireland, which comprised of a fair

number of representatives from the National Government and the Autonomous

Bougainville Government;

and

• The referendum that was held between November and December 2019 and

witnessed by international observers was free and fair, and according to observer

groups “credible, transparent and inclusive”;

and

• That a total number of 181,067 Bougainvilleans voted in the referendum, out of that

97.7 % of them chose independence;

and

• That the report of the Bougainville Referendum Commission was tabled in both the

National Parliament and the Bougainville House of Representatives, and was

unanimously endorsed by both parliaments.

In adopting fully these established facts and principles;

we hereby agree that the upcoming

joint consultations will be moderated by an appointed Moderator and would be, but not

limited to, addressing the key issues on the future political status of Bougainville, the

method of endorsement by the National Parliament and the Documentation of record of the

joint consultation.

Finally, in memory of the late Sir Mekere Morauta, for his contributions to the Bougainville

Peace process as a former Prime Minister of our Nation and for his role as a signatory to the

Bougainville Peace Agreement in 2001, this Joint Communique embodies both our

Government’s sincerity to continued peace by peaceful means.

God Bless our people of Papua New Guinea and Bougainville.

Source:

https://reliefweb.int/report/papua-new-guinea/occasion-signing-jointcommunique-prime-minister-papua-new-guinea-honourable