Loloata Understanding
- Country/entityPapua New Guinea
Bougainville - RegionAsia and Pacific
Asia and Pacific - Agreement nameLoloata Understanding
- Date23 Mar 2000
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processBougainville: peace process
- PartiesRt. Hon. Sir Michael Somare, Minister for Bougainville Affairs and Chairman of the National Committee on Bougainville;
Joel Banam, Chairman, Leitana Council of Elders;
Hon. Jon Momis, Co-Leader of the Bougainville Delegation;
Joseph C. Kabui, Co-Leader of the Bougainville Delegation; - Third partiesSigned in the presence of:
Ambassador Noel Sinclair, Director of the United Nations Observer Mission on Bougainville;
Ewan MacMillan, Chief Negotiator, Peace Monitoring Group; - DescriptionCulminated the third round of political negotiations between PNG delegation and Bougainville leaders. Committed to establishing an autonomous Bougainville province within the Constitution of Papua New Guinea. Leaves open question of independence and commits parties to discussing matter.
- Agreement document
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)Page 2, Autonomy
5. The arrangements for an autonomous Bougainville Government will be provided within the Papua New Guinea Constitution, including any amendments, and will include provision for the following matters:
a. Bougainville will establish an elected autonomous government developed through a democratic process. - State configuration
No specific mention.
- Self determination
No specific mention.
- ReferendumPage 2, Referendum
6. The National Government acknowledges the aspirations for a binding referendum on independence as called for by the Bougainvillean leaders. The parties reaffirm their support for a progressive political settlement that takes account of, among other things, the wishes of the people of Bougainville. The parties will address the referendum issue. The parties agree that the holding of the referendum may be deferred until after autonomy has been implemented and can be fairly and properly judged. - 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 institutionsPage 1, Interim Arrangements
1. The Bougainville Interim Provincial Government will be established under the Transitional Provisions of the Organic Law on Provincial Governments and Local-level Governments in accordance with the decision of the National Court of 10th March 2000. - Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leadersPage 1, Interim Arrangements
2. The parties note that arrangements for cooperation between the Bougainville Interim Provincial Government and the Bougainville People’s Congress and Councils of Elders have been agreed under the Greenhouse Memorandum of 23rd December 1999. - Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharingPower sharing→Territorial power sharing→Autonomous regionsPage 1-2, Autonomy
4. The arrangement for an autonomous Bougainville Government will:
• Enable it to deal with the sources of the Bougainville conflict and prevent it from occurring again;
• Enable Bougainville to express and develop both its own identity and its relationship with the rest of Papua New Guinea.
Page 2, Autonomy
5. The arrangements for an autonomous Bougainville Government will be provided within the Papua New Guinea Constitution, including any amendments, and will include provision for the following matters:
a. Bougainville will establish an elected autonomous government developed through a democratic process.
b. The autonomous Bougainville Government will meet accepted standards of good governance.
c. Bougainville will have responsibility for major powers and functions of government to be agreed upon.
d. Bougainville will take some years to exercise many legislative powers and functions. Until Bougainville assumes responsibility for the full range of its powers and functions, National Government legislation and institutions will continue to apply.
e. Bougainville will need the fiscal and personnel resources required to carry out is functions.
f. Bougainville will receive substantial funds for reconstruction, restoration and development activities to support the peace process. - 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 rights4.f) Bougainville will receive substantial funds for reconstruction, restoration and development activities to support the peace process.
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
No specific mention.
- 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
No specific mention.
Implementation
- UN signatorySigned in the presence of:
Ambassador Noel Sinclair, Director of the United Nations Observer Mission on Bougainville; - Other international signatorySigned in the presence of:
Ewan MacMillan, Chief Negotiator, Peace Monitoring Group; - Referendum for agreement
No specific mention.
- International mission/force/similarPage 2, Next Steps and Timetable
8. The parties acknowledge the helpful role that the United Nations Observer Mission on Bougainville can play at their meetings. - Enforcement mechanism10. agree date for next leaders' meeting no later than May 2000.
Page 3, Next Steps and Timetable
10. The next Leaders’ meeting will be held no later than May 2000. - Related casesPage 1, Untitled Preamble
Bougainville leaders and the National Committee on Bougainville met at Loloata Island and in Port Moresby from 17th to 23rd March 2000.
• The parties remain committed to the peace process and to continued consultation and cooperation within the framework and spirit of the Lincoln Agreement;
... • The parties discussed the Bougainville paper, ‘Bougainville Common Negotiating Position: Expanded Details’ dated 8th March 2000, the Papua New Guinea Government paper, ‘The National Delegation’s Position on the Bougainville Delegation’s Autonomy Proposals’ dated 19th March 2000, and other papers, and agree that these documents provide the basis for future negotiations between the parties. - SourceAccord
UN Peacemaker
LOLOATA UNDERSTANDING
Bougainville leaders and the National Committee on Bougainville met at Loloata Island and in Port Moresby from 17th to 23rd March 2000.
The parties remain committed to the peace process and to continued consultation
and cooperation within the framework and spirit of the Lincoln Agreement;
The parties acknowledge that for the peace process to continue to develop successfully, it must be as inclusive as possible, having the support and approval of the widest possible range of leaders in Bougainville and in Papua New Guinea more generally;
The parties discussed the Bougainville paper, ‘Bougainville Common Negotiating Position:
Expanded Details’ dated 8th March 2000, the Papua New Guinea Government paper, ‘The National Delegation’s Position on the Bougainville Delegation’s Autonomy Proposals’ dated 19th March 2000, and other papers, and agree that these documents provide the basis for future negotiations between the parties.
The Parties agree on the following matters:
Interim Arrangements
The Bougainville Interim Provincial Government will be established under the Transitional Provisions of the Organic Law on Provincial Governments and Local-level Governments in accordance with the decision of the National Court of 10th March 2000.
The parties note that arrangements for cooperation between the Bougainville Interim Provincial Government and the Bougainville People’s Congress and Councils of Elders have been agreed under the Greenhouse Memorandum of
23rd December 1999.
3. Negotiations on a political settlement will continue with the Bougainville Leaders.
Autonomy
4. The arrangement for an autonomous Bougainville Government will:
• Enable it to deal with the sources of the Bougainville conflict and prevent it from occurring again;
• Enable Bougainville to express and develop both its own identity and its relationship with the rest of Papua New Guinea.
5. The arrangements for an autonomous Bougainville Government will be provided within the Papua New Guinea Constitution, including any amendments, and will include provision for the following matters:
Bougainville will establish an elected autonomous government developed through a democratic process.
The autonomous Bougainville Government will meet accepted standards of good governance.
Bougainville will have responsibility for major powers and functions of government to be agreed upon.
Bougainville will take some years to exercise many legislative powers and functions.
Until Bougainville assumes responsibility for the full range of its powers and functions, National Government legislation and institutions will continue to apply.
Bougainville will need the fiscal and personnel resources required to carry out is functions.
Bougainville will receive substantial funds for reconstruction, restoration and development activities to support the peace process.
Referendum
6. The National Government acknowledges the aspirations for a binding referendum on independence as called for by the Bougainvillean leaders.
The parties reaffirm their support for a progressive political settlement that takes account of, among other things, the wishes of the people of Bougainville.
The parties will address the referendum issue.
The parties agree that the holding of the referendum may be deferred until after autonomy has been implemented and can be fairly and properly judged.
Next Steps and Timetable
Officials of the parties will meet to develop:
detailed proposals within the framework provided by this agreement;
and
a draft agenda for the next Leaders’ meeting.
The parties acknowledge the helpful role that the United Nations Observer Mission on Bougainville can play at their meetings.
The parties agree that there should be increased direct contact between National Government Leaders and Bougainville Leaders.
The next Leaders’ meeting will be held no later than May 2000.
Signed in Port Moresby on Thursday the 23rd day of March 2000.
[Signatures]