Loloata Understanding

  • Country/entity
    Papua New Guinea
    Bougainville
  • Region
    Asia and Pacific
    Asia and Pacific
  • Agreement name
    Loloata Understanding
  • Date
    23 Mar 2000
  • 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
    Rt. 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 parties
    Signed in the presence of:
    Ambassador Noel Sinclair, Director of the United Nations Observer Mission on Bougainville;
    Ewan MacMillan, Chief Negotiator, Peace Monitoring Group;
  • Description
    Culminated 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.


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.

  • Referendum
    Page 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 institutions
    Page 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 leaders
    Page 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 sharing
    Power sharing→Territorial power sharing→Autonomous regions
    Page 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 rights
    4.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 signatory
    Signed in the presence of:
    Ambassador Noel Sinclair, Director of the United Nations Observer Mission on Bougainville;
  • Other international signatory
    Signed in the presence of:
    Ewan MacMillan, Chief Negotiator, Peace Monitoring Group;
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 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 mechanism
    10. 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 cases
    Page 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.
  • Source
    Accord
    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]