Joint Bougainville Negotiating Position

• Country/entity

  Papua New Guinea
  Bougainville
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Joint Bougainville Negotiating Position
• Date

  14 Dec 1999
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ()
• Stage

  Pre-negotiation/process
• Conflict nature

  Government/territory
• Peace process

  Bougainville: peace process
• Parties

  Signed by:
  Joseph C. Kabui;
  Hon. John Momis, MP;
  James Tanis;
  Thomas Anis;
  Hon. sam Akoital, MP;
  Hon. Michael Laimo, MP;
  Hon. Michael Ogio, MP;
  Mr. Joel Banam;
  Mr. Carolus Ketsimur;
  Mr. Joseph Bana;
  Mr. Gordon Bure;
  Mrs. Ezliabeth Burain;
  Mrs. Theresa Jaintong;
  Mrs. Lucy Morris;
  Mrs. Martha Toarats;
  Mrs. Dorcas Awasa;
  Mrs. Genevieve Pisi;
  Mr. Ben Kamda;
  Mr. Steven Topesi;
  Mr. Thomas Tari;
• Third parties

  -
• Description

  Outlined a common position on autonomy, mechanisms for implementation and guarantee, and options for a deferred referendum, to form the basis for any negotiations with the PNG.

• Agreement document

  PG_991214_Joint Bougainville Negotiating Position.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

JOINY BOUGAINVILLE NEGOTIATING POSITION

(14 December 1999)

For negotiations with the Government of Papua New Guinea

A. AUTONOMY

PRINCIPLES

1. The highest level of self-government short of independence shall be established in Bougainville immediately.

2. Under the highest level of self-government the Bougainville government shall have exclusive responsibility for the full range of powers and functionsof government other than agreed essential powers and functions that may be reserved primarily to the Government of PNG.

PROPOSALS TO GIVE EFFECT TO PRINCIPLES

i) Establishing self-government:

Adopting a Bougainville Constitution - strucures a matter for Bougainville Constitution to be adopted by Constituent Assembly after consultation.

State of the Bougainville Constitution

To prevent change by PNG statutes high status in PNG hierarchy of laws shall be given to the Constitution.

Trasfer of functions, personnel funds and assets

Mechanisms to be agreed with Government.

ii) Government arrangements for Bougainville:

Internal government structures and arrangements for Bougainville to be developed in Bougainville constitution.

Democracy, transparency and accountability in the Bougainville government:

essential principles of Bougainville Government.

iii) Jurisdiction of institutions of the Government of PNG in Bougainville will continues until Bougainville makes its own provisions.

iv) Division of legislatuve powers:

Legislative powes of Bougainville (primarily Bougainville legislative subjects): The laws of Bougainville shall revail over the laws of PNG in relation to all legislative subjeccts (including teh economy, land, natural resources, culture, policing and courts) but not over PNG laws on subject reserved primarily for the Parliament of PNG (below).

Continuing operations of PNG laws:

the Laws of PNG on a primarily Bougainville subject will continue to operate in Bougainville until the Bougainville legislature chooses to pass legislation of the subject.

Legislative powers of PNG (primarily PNG subjects ): the Laws of PNG will prevail over the laws of Bougainville only in relation to the following subjects that will be reserved primarily to the Parliament of PNG:

Defence, (but with provisos as to deployment of PNGDF and the establishment of a Bougainville Reserve Military Force);

Foreign relations, subject to Bougainville having control over certain matters, for example:

customes and immigration matters for Bougainville;

trade and other mission in countries (including attching officers to PNG missions);

member of regional organisations;

entering teams as a soverieng nation in international sports organisations and events;

entering into treaties.

Transfer of Powers functions, personnel and funds an assets;

Mechanism shall be agreed for the transfer of functions, personnel, funds and assets between teh Government of PNG (inclusive of statutory bodies and 'privatised' bodies carrying out functions formerly carried out by government or statutory bodies) to the Government of Bougainville.

v) Foreign relations and treaties:

Foreign relations:

The Government of Bougainville will have authoirity to enter into foreign relations as specified under the heading of 'legislative powers' (above).

Treaties:

The Government of Bougainville will have power to enter into treaties and the Governemnt of PNG will take action necessary to facilitate international recognition of the ability of the government of Bougainville to enter into treaties.

vi) Territoy:

Maritime territories:

The Governemnt of Bougainville shall have all title, powers and jurisdiction over the maritime territories associated with Bougainville's land territory equivalent to that which the Governemnt of PNG has under international law.

Land territory:

the land territory of Bougainville shall be, at least, that defined under the Organic Law on Provincial Boundaries.

Defining internal maritime boundaries:

The maritime territories of Bougainville within PNG shall be agreed through consultations carried out by a consultative group, comprised of officers of the Government of PNG and of the Bougainville Administration, and those agreed boundaries shall then be dinged by Organic Law and by a schedule to the Bougainville Constitution.

If the consultative group cannot reach agreement the matter shall be referred to the mediation panel with jurisdiction to deal with disputes about implementation of the agreed arrangements (below), and that panel shall be guided by the principle that neither PNG nor Bougainville should have jurisdition beyong that available on the basis of the equi-distance principle.

Definign international maritime boundaries:

The government of Bougainville shall be a party to any negotiations that the Government of PNG may have any state ofr regional or international organisation concerning, or that may impinge upon, the maritime territories of Bougainville or, prior to those territories being defined, any area that may reasonably be expected to be included in those territories.

vii) Funding arrangements:

Depending upon the autonomy arrangements, the details to be negotiated after the autonomy arrangement are agreed, but to include:

Grants - unconditional grants as main source of revenue when economic base is weak;

Grants regude as internal revenue increases.

Interal revenue - all sources to Bougainville - remit agreed share to PNG.

Overseas aid - Bougainville able to deal directly with donors.

Loans - Bougainville able to raise loans, issue securities, etc.

viii) Human rights:

Bougainville able to have its own regime wholly or in part

Bougainville to have own enforcement provisions

ix) Coordination of PNG functions in Bougainville:

Representative of PNG shall represent interests of PNG on Bougainville.

x) Guarantees for Bougainville:

Bougainvilleans shall have the same rights and access as PNG citizens.

xi) Disputes:

There shall be an agreed mechanism for resolving disputes.

xii) Review of arrangements:

There shall be a periodic review of these arrangements.

B. IMPLEMENTING AND GUARANTEEING THE AGREED PACKAGE

PRINCIPLES

The PNG government shall take all necessary steps to implement agreed arrangements and shall guarantee implementation by Constitutional amendments in an agreed form.

PROPOSALS TO GIVE EFFECT TO PRINCIPLES

A treaty shall be entered between PNG and the Bougainville representatives.

VARIATIONS OF ARRANGEMENTS

There arrangements shall not be varied without the agreedment of the Government of Bougainville.

C. REFERENDUM

PRINCIPLES

A referendum on independence shall be held among Bougainvilleans.

PROPOSALS TO GIVE EFFECT TO PRINCIPLES

Timing of holding the referendum - the referendum shall be held on a date to be determined by the autonomous Governent of Bougainville after the consultation with the Governemnt of Papua New Guinea.

Trigger - the Government of Bougainville shall consider the following matters in determining a date for the referendum:

Capacity of the Bougainville Administration,

Progress toward reconciliation,

The Political and Economic situation,

Progress in teh operation of autonomy arrangements,

Progress on Arms disposal.

Rejection of holding referendum (including method) - The Bougainville Legislature may determine not to hold a referendum - to be confirmed by the people of Bougainville by referendum.

Manner of the conduct of a referendum.

Consequences of definitive 'yes' vote and of definitive 'no' vote.

'Binding' effect of referendum (the mechanism).

Guarantee of agreed referendum arrangements.

Referendum on a referendum (holding a referendum on the issue of whether or not a referendum should be held).

Agreed and adopted this 13th day of December 1999.

Signed by:

Signed by:

Joseph C. Kabui;

Hon. John Momis, MP;

James Tanis;

Thomas Anis;

Hon. sam Akoital, MP;

Hon. Michael Laimo, MP;

Hon. Michael Ogio, MP;

Mr. Joel Banam;

Mr. Carolus Ketsimur;

Mr. Joseph Bana;

Mr. Gordon Bure;

Mrs. Ezliabeth Burain;

Mrs. Theresa Jaintong;

Mrs. Lucy Morris;

Mrs. Martha Toarats;

Mrs. Dorcas Awasa;

Mrs. Genevieve Pisi;

Mr. Ben Kamda;

Mr. Steven Topesi;

Mr. Thomas Tari;