Matakana and Okataina Understanding
- Country/entityPapua New Guinea
Bougainville - RegionAsia and Pacific
Asia and Pacific - Agreement nameMatakana and Okataina Understanding
- Date22 Apr 1999
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StagePre-negotiation/process
- Conflict natureGovernment/territory
- Peace processBougainville: peace process
- PartiesSigned:
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 partiesWitnessed by:
Sir Paul Reeves, GCMG, GCVO, CF, QSO; - DescriptionUnderstanding among Bougainville parties for government. Paved way for formation of interim advisory body.
- 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 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.
- ElectionsPage 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 commissionPage 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 leadersPage 4,
Signed:
... Joel Banam, Chairman, Leitana Council of Elders; - Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharingPower sharing→Political power sharing→GeneralState levelPage 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 rights14. 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 GuaranteesPage 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.
- PolicePage 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 forcesPage 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 - DDRSecurity sector→DDR→Demilitarisation provisionsPage 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 signatory12. 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 casesPage 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 - SourceOriginally 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.
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− 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