Charter of Mirigini for a New Bougainville

  • Country/entity
    Papua New Guinea
    Bougainville
  • Region
    Asia and Pacific
    Asia and Pacific
  • Agreement name
    Charter of Mirigini for a New Bougainville
  • Date
    25 Nov 1994
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Bougainville Conflict (1987 - 1998) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    Bougainville: peace process
  • Parties
    For National Government: Rt Hon Sir Julius Chan GCMG KBE MP, Prime Minister;
    Hon Arnold Marsipal MP, Minister for State Assisting the Prime Minister;
    Hon Castan Maibawa MP, Minister for Provincial Affairs and Village Services;

    For Bougainville Province: Mr Nick Penial, Chairman (South-West Interim Authority);
    Mr Thomas Anis, Buka Interim Authority;
    Mr Theodore Miriung, Interim Chairman (North Nasioi Village Council of Chiefs);
    Hon John Momis MP, Regional Member of Bougainville and Minister for Communications;
  • Third parties
    -
  • Description
    Parties agree to establish transitional legal body for Bougainville. Parties commit to active programme of negotiations on a political settlement, starting with a review of the 1976 Bougainville Agmt, and maintain dialogue on reconstruction and reconciliation.


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

    No specific mention.

  • 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)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 1, Transitional Political Arrangement
    3. Under this Charter, the National Government will, in the framework of the Constitution, its relevant acts and subject to the completion of preparatory work, arrange for the establishment of
    a transitional legal body.
    4. The National Government has agreed with the Bougainville leaders to establish a transitional legal body by March 1995, for Bougainville. This body will be known as the Bougainville Transitional Government which shall exercise all powers and functions as set out in the Organic Law on Provincial Government.
    5. The Bougainville Transitional Government will have an Assembly comprising of leaders nominated by Councils of Chiefs from each interim authority area.
    6. The Assembly of the Transitional Government will act as a Constituent Assembly to review the Constitution of the North Solomons Provincial Government after a negotiated settlement is reached between the National Government and the Bougainville Transitional Government.
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders
    Page 1, Preamble
    2. In pursuance of the Resolution of the Bougainville Peace Conference held in Arawa from 10 - 14 October 1994, including the Agreement signed on 18 October 1994 between North Nasioi Village Council of Chiefs and the National Government, hereby resolve to step up the pace and momentum of bringing normalcy, services and legal authority to Bougainville by doing the
    following:

    Page 1, Transitional Political Arrangement
    5. The Bougainville Transitional Government will have an Assembly comprising of leaders
    nominated by Councils of Chiefs from each interim authority area.
  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    Sub-state level
    Page 1, Transitional Political Arrangement
    5. The Bougainville Transitional Government will have an Assembly comprising of leaders nominated by Councils of Chiefs from each interim authority area.
  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • 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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 2, Other Dialogue
    9. The National Government and Bougainville leaders will maintain dialogue on all other issues pertinent to the resolution of the crises, including a programme of reconciliation, reconstruction and restoration of services in Bougainville.
  • 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

    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
    Page 2, Other Dialogue
    9. The National Government and Bougainville leaders will maintain dialogue on all other issues pertinent to the resolution of the crises, including a programme of reconciliation, reconstruction and restoration of services in Bougainville.

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
    Page 1, Preamble
    1. We, the leaders of the National Government and the people of Bougainville having met in Waigani, determined as partners to continue the peace process on Bougainville, commit ourselves under this Charter to a new spirit, a new deal for a new Bougainville.
    2. In pursuance of the Resolution of the Bougainville Peace Conference held in Arawa from 10 - 14 October 1994, including the Agreement signed on 18 October 1994 between North Nasioi Village Council of Chiefs and the National Government, hereby resolve to step up the pace and momentum of bringing normalcy, services and legal authority to Bougainville by doing the following:
  • Source
    Originally accessed from Conciliation Resources Accord (http://www.c-r.org/accord/papua-new-guinea%E2%80%93bougainville – no longer available from original source).
    Currently available from UN Peacemaker: https://peacemaker.un.org/png-mirigini-charter94

The Charter of Mirigini for a New Bougainville Waigani,

25 November 1994

Preamble

1. We, the leaders of the National Government and the people of Bougainville having met in Waigani, determined as partners to continue the peace process on Bougainville, commit ourselves under this Charter to a new spirit, a new deal for a new Bougainville.

2. In pursuance of the Resolution of the Bougainville Peace Conference held in Arawa from 10 - 14 October 1994, including the Agreement signed on 18 October 1994 between North Nasioi Village Council of Chiefs and the National Government, hereby resolve to step up the pace and momentum of bringing normalcy, services and legal authority to Bougainville by doing the following:

Transitional Political Arrangement

3. Under this Charter, the National Government will, in the framework of the Constitution, its relevant acts and subject to the completion of preparatory work, arrange for the establishment of a transitional legal body.

4. The National Government has agreed with the Bougainville leaders to establish a transitional legal body by March 1995, for Bougainville.

This body will be known as the Bougainville Transitional Government which shall exercise all powers and functions as set out in the Organic Law on Provincial Government.

5. The Bougainville Transitional Government will have an Assembly comprising of leaders nominated by Councils of Chiefs from each interim authority area.

6. The Assembly of the Transitional Government will act as a Constituent Assembly to review the Constitution of the North Solomons Provincial Government after a negotiated settlement is reached between the National Government and the Bougainville Transitional Government.

Political Settlement

7. The National Government and Bougainville leaders hereby declare this Charter as their commitment to an active programme for consultations and negotiations on a political settlement and that the parties shall agree on a structured programme for these talks by 31 December 1994.

8. The leaders agree that the starting point for consultations and negotiations on a new deal for Bougainville is to review the Bougainville Agreement of 1976 at the next round of talks.

Other Dialogue

9. The National Government and Bougainville leaders will maintain dialogue on all other issues pertinent to the resolution of the crises, including a programme of reconciliation, reconstruction and restoration of services in Bougainville.

Declared at Waigani on the 25th day of November 1994.

For National Government

Rt Hon Sir Julius Chan GCMG KBE MP

Prime Minister

Hon Arnold Marsipal MP

Minister for State Assisting the Prime Minister

Hon Castan Maibawa MP

Minister for Provincial Affairs and Village Services

For Bougainville Province

Mr Nick Penial

Chairman (South-West Interim Authority)

Mr Thomas Anis Buka

Interim Authority

Mr Theodore Miriung

Interim Chairman (North Nasioi Village Council of Chiefs)

Hon John Momis MP

Regional Member of Bougainville and Minister for Communications