Era Kone Covenant on the Finalisation of the Bougainville Referendum on Independance

• Country/entity

  Papua New Guinea
  Bougainville
  

• Region

  Asia and Pacific
  Asia and Pacific
  

• Agreement name

  Era Kone Covenant on the Finalisation of the Bougainville Referendum on Independance

• Date

  5 Apr 2022

• 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

  Hon. Bryan Kramer, MP
  Minister for Justice
  Governor of Papua New Guinea
  
  Hon. Ezekiel Masatt, MHR
  Attorney General and Minister for Bougainville Independence Mission Implementation
  Autonomous Bougainville Government

• Description

  The Era Kone Covenant represents a collaborative effort between the Government of Papua New Guinea and the Autonomous Bougainville Government to address the outcomes of the Bougainville Referendum on Independence. It details the procedure for tabling the referendum results in Parliament, with a commitment to implementing the referendum's conclusions between 2025 and 2027. Furthermore, the Covenant stipulates joint formulation of a report to Parliament and acknowledges the binding nature of international agreements, emphasizing adherence to internationally recognized human rights conventions.

• Agreement document

  PG_220405_Era Kone Covenant on the Finalisation of the Bougainville Referendum on Independance | 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

ERA KONE COVENANT ON THE FINALISATION OF THE BOUGAINVILLE REFERENDUM ON INDEPENDENCE

The Government of the Independent State of Papua New Guinea (hereinafter the National Government') and Autonomous Bougainville Government (hereinafter 'ABG') (hereinafter collectively referred to as 'the Parties');

Acknowledging that this agreement is a joint creation by the National Government and ABG that encapsulates the outcomes of the consultations sanctioned by Section 342 of the National Constitution, to be known as the Era Kone Covenant on the Finalisation of Bougainville Referendum on Independence (hereinafter 'the Covenant');

Recognising the Constitutional obligation of the Parties to consult on the Bougainville Referendum Results and Implementation before tabling in Parliament under Section 342 of the National Constitution;

Accepting that this Covenant is in addition to and strengthens the Bougainville Peace Agreement 2001 (hereinafter 'the Agreement');

Acknowledging the final decision-making authority of the Parliament in respect to the Referendum Results and Implementation, as guided by this Covenant, in accordance with Section 342 of the National Constitution and the Agreement;

Recognising Papua New Guinea's obligations under international law, particularly the Universal Declaration on Human Rights, United Nations Intemational Covenant on Civil and Political Rights and United Nations Intemational Covenant on Economic, Social and Cultural Rights;

Welcoming also the agreement and strong commitment to table the Bougainville Referendum Results following the conclusion of the joint post-referendum consultations under section 342 (1) of the National Constitution;

Acknowledging and accepting that the Bougainville Referendum Results were independently assessed as free, fair and credible and conducted in accordance with the National Constitution, the Bougainville Constitution and the Organic Law on Peace-Building in Bougainville — Autonomous Bougainville Government and Bougainville Referendum 2002 and internationally-accepted standards with an absolute majority of 97.7% in favour of Bougainville Independence;

AGREE as follows:

Article I -Outcomes of the Consultations

(i) The joint consultations were held and the outcomes are as reflected in the respective resolutions, namely, the Joint Communique on Outcome of the Bougainville Referendum set out in Annex I, Kokopo Joint Statement set out in Annex 2, Wabag Joint Statement set out in Annex 3 and Port Moresby Joint Statement set out in Annex 4.

(ii) The Bougainville Referendum Results and the outcomes of the joint post- referendum consultations will be tabled in the I Ith Parliament.

(iii) The Parties will jointly formulate a report to brief the 1 lth Parliament on its role to give effect to Section 342 of the National Constitution.

(iv) To assist the 11th Parliament, the Head of State, acting with the advice of the National Executive Council (and the Bougainville Executive Council), may make Constitutional Regulations not inconsistent with Part XIV of the National Constitution, prescribing all matters that are necessary or convenient to be prescribed for carrying out and giving effect to this Covenant in accordance with Section 349 of the National Constitution.

(v) The Constitutional Regulations to be made under paragraph (iv) herein above shall not be amended or repealed by the National Government except with the approval of the Bougainville Executive in accordance with the Bougainville Constitution and the Agreement.

Article 2 - Timeframe

(i) The Parties reaffirm their solemn commitment to strengthening the implementation of the Agreement and where appropriate, all outcomes of the joint post- referendum consultations, bearing in mind the Referendum Results Implementation Roadmap (Wabag Roadmap') that requires:

(a) implementation of arrangements for independence/political settlement by no earlier than 2025 and no later than 2027;

and

(b) reporting to the 11th Parliament, tabling of the Referendum Results and outcomes of the joint post-referendum consultations by not later than the end of 2023.

Article 3 — Final Provisions

(i) This Covenant shall enter into force following the endorsement of the respective executive councils.

(ii) Any questions on interpretation and implementation of this Covenant shall be undertaken jointly by the Parties through consultations in accordance with Part XIV of the National Constitution and the Agreement.

In witness thereof the undersigned, being duly authorized thereto by the Parties, have signed this Covenant.