Matakana and Okataina Understanding

  • Country/entity
    Papua New Guinea
    Bougainville
  • Region
    Asia and Pacific
    Asia and Pacific
  • Agreement name
    Matakana and Okataina Understanding
  • Date
    22 Apr 1999
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Bougainville Conflict (1987 - 1998) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government/territory
  • Peace process
    Bougainville: peace process
  • Parties
    Signed:
    Honourable Sir John R Kaputin, KBE, CMG, MP, Special State Negotiator, Papua New Guinea Government;
    Honourable Sam Akoitai, MP, Minister for State, Papua New Guinea Government;
    Honourable John L Momis, MP, Member for Bougainville Regional;
    Honourable Michael Ogio, MP, Member for North Bougainville, Deputy Speaker, Papua New Guinea National Parliament;
    Honourable Michael Laimo, MP, Member for Bougainville South;
    Joseph Kabui, Co-Chairman, Bougainville Constituent Assembly;
    Gerard Sinato, Co-Chairman, Bougainville Constituent Assembly;
    Joel Banam, Chairman, Leitana Council of Elders;
    Hilary Masiria, Chairman, Bougainville Resistance Forces;
  • Third parties
    Witnessed by:
    Sir Paul Reeves, GCMG, GCVO, CF, QSO;
  • Description
    Understanding among Bougainville parties for government. Paved way for formation of interim advisory body.


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 1, Preparing future arrangements for government on Bougainville
    2. Bearing in mind the need to look beyond the immediate situation, the parties agree that the Special State Negotiator will prepare a package of proposals on the powers, functions, structure and status of Bougainville's government, geared to Bougainville's needs.
  • 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)

    No specific mention.

  • Elections
    Page 2, Leadership Issues
    9. While participants in the peace process are entitled to select their leaders in their own ways, we recognise that there must be proper elections when the agreed package for Bougainville comes into effect, and request the Electoral Commission to begin preliminary work for such elections.
    10. The parties will co-operate in explaining and publicising their agreement regarding elections to the people.
  • Electoral commission
    Page 2, Leadership Issues
    9. While participants in the peace process are entitled to select their leaders in their own ways, we recognise that there must be proper elections when the agreed package for Bougainville comes into effect, and request the Electoral Commission to begin preliminary work for such elections.
  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders
    Page 4,
    Signed:
    ... Joel Banam, Chairman, Leitana Council of Elders;
  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    State level
    Page 3, National Political Support
    14. The National Government will prepare proposals for legislation to establish an authority containing representatives of all major groups to plan and manage major reconstruction activities in meaningful consultation with the four Bougainvillean National Parliamentarians.
  • 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
    14. The National Govt will prepare proposals for leg to establish an authority containing representatives of all major groups to plan and manage major reconstruction activities in meaningful consultation with the four Bougainvillean National Parliamentarians.

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
    Page 3, Implementation of existing Agreements
    16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority
  • Ceasefire

    No specific mention.

  • Police
    Page 3, Implementation of existing Agreements
    16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority
  • Armed forces
    Page 3, Implementation of existing Agreements
    16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority
  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 2, Weapons disposal
    12. Weapons disposal should begin immediately.
    − The Peace Process Consultative Committee (PPCC) should convene immediately and discuss detailed plans for weapons disposal.
    − New Zealand will be asked to assist and facilitate the weapons disposal process.
    − The current United Nations observer mission will be asked to be present and observe the process.
  • 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
    12. The current UN observer mission will be asked to be present and observe the process.
  • 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 3, Implementation of existing Agreements
    16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority
  • 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/pnd-matakana-okataina99

Appendix K:

Matakana and Okataina Understanding

The Government of Papua New Guinea, the Bougainville Constituent Assembly, the Bougainville Resistance Forces, the Leitana Council of Elders, the four Bougainville Members of the National Parliament and other Bougainvillean Leaders (the "parties"), having met in New Zealand, have agreed as follows:

1. All of the parties remain committed to securing lasting peace by peaceful means through implementation of both the letter and the spirit of the Lincoln Agreement.

We pledge ourselves to maintain the permanent and irrevocable ceasefire as we work our way towards a negotiated political settlement of Bougainville's longterm political future.

Preparing future arrangements for government on Bougainville

Bearing in mind the need to look beyond the immediate situation, the parties agree that the Special State Negotiator will prepare a package of proposals on the powers, functions, structure and status of Bougainville's government, geared to Bougainville's needs.

− All individuals and groups in Bougainville will be given the opportunity to make written submissions to the Special State Negotiator.

− We request that the technical officers of the Bougainvillean parties meet as soon as possible to prepare for discussions on future arrangements for government on Bougainville, including discussions on other related matters raised in this document.

We agree that political Leaders will meet to discuss the package as soon as possible, and no later than 30 June 1999.

234

− We all agree to use the package as a basis for our discussions.

− All parties agree that Bougainville needs united political leadership.

We commit ourselves to work to make such leadership possible.

Leadership issue

The parties note the commitment made by the National Government that, if Bougainvillean leaders reach agreement, then it is willing to consider lifting the suspension on the Bougainville Provincial Government in accordance with law.

The Minister for State will work jointly with other Bougainvillean Members of the National Parliament (MPs) in exercising his executive powers and functions in Bougainville;

the MPs should consult immediately about how they will work together and try to resolve any differences.

The parties note that the Basic Agreement makes clear that the National Government will only act on advice that is broadly representative of the people of Bougainville. (

The Bougainvillean parties will have to arrive at inclusive arrangements which allow the heads of local-level institutions to be fairly represented and participate).

The selection processes currently underway can go ahead.

The Bougainvillean parties will consult with a view to organising themselves to participate in achieving a progressive political settlement.

While participants in the peace process are entitled to select their leaders in their own ways, we recognise that there must be proper elections when the agreed package for Bougainville comes into effect, and request the Electoral Commission to begin preliminary work for such elections.

The parties will co-operate in explaining and publicising their agreement regarding elections to the people.

All of the parties agree to refrain from making divisive statements while the package is under negotiation.

Weapons disposal

12. Weapons disposal should begin immediately.

− The Peace Process Consultative Committee (PPCC) should convene immediately and discuss detailed plans for weapons disposal.

− New Zealand will be asked to assist and facilitate the weapons disposal process.

− The current United Nations observer mission will be asked to be present and observe the process.

APPENDIX K - MATAKANA & OKATAINA UNDERSTANDING 235

National political support

13. Recognising that only the National Government can provide the lawful basis for any future governmental arrangements, we request all Members of Parliament to listen to the views of the people of Bougainville and to co- operate on a bipartisan basis and the National Government mutually agrees to consult meaningfully with the four Bougainvillean National Parliamentarians.

Representative body to plan and manage reconstruction

14. The National Government will prepare proposals for legislation to establish an authority containing representatives of all major groups to plan and manage major reconstruction activities in meaningful consultation with the four Bougainvillean National Parliamentarians.

Appreciation of New Zealand, and future meetings

15. We are grateful for the support that our New Zealand hosts and other governments in the region give us in working for peace, but recognise that the responsibility for consolidating and building on what we have achieved is ours;

from now on we must make sure that we meet as required and, for purposes of transparency and accountability, that we do so in Bougainville or some other part of Papua New Guinea.

Implementation of existing Agreements

16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority

Done at Lake Okataina, New Zealand, this 22nd day of April 1999.

Signed:

Honourable Sir John R Kaputin, KBE, CMG, MP Special State Negotiator

Papua New Guinea Government

236

Honourable Sam Akoitai, MP Minister for State

Papua New Guinea Government

Honourable John L Momis, MP Member for Bougainville Regional

Honourable Michael Ogio, MP

Member for North Bougainville

Deputy Speaker

Papua New Guinea National Parliament

Honourable Michael Laimo, MP Member for Bougainville South

WITNESSED BY:

Sir Paul Reeves, GCMG, GCVO, CF, QSO

Joseph Kabui

Co-Chairman

Bougainville Constituent Assembly

Gerard Sinato

Co-Chairman

Bougainville Constituent Assembly

Joel Banam

Chairman

Leitana Council of Elders

Hilary Masiria

Chairman

Bougainville Resistance Forces