Waigini Communique

  • Country/entity
    Papua New Guinea
    Bougainville
  • Region
    Asia and Pacific
    Asia and Pacific
  • Agreement name
    Waigini Communique
  • Date
    18 May 1995
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ()
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    Bougainville: peace process
  • Parties
    RT HON SIR JULIUS CHAN GCMG KBE MP, PRIME MINISTER, NATIONAL GOVERNMENT OF PAPUA NEW GUINEA;
    MR THEODORE MIRIUNG, PREMIER, BOUGAINVILLE TRANSITIONAL GOVERNMENT;
  • Third parties
    -
  • Description
    Parties agree amnesty, and steps towards rehabilitation of the Bougainville army, future of the resistance forces, future structure of Provincial Govt of Bougainville, and implementation of the agmt.


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)

    No specific mention.

  • 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)
    Governance→Political institutions (new or reformed)→General references
    Page 3, Future Structure of Provincial Government of Bougainville
    11. That a permanent structure of Provincial Government for Bougainville will be installed as soon as possible. This will be the responsibility of the Premier and his Transitional Government to develop and propose to the National Government, taking into account the principles of self-reliance, links and power sharing under the National Constitution.
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration
    Page 2, Future Administrative Arrangements for the Restoration Programme
    7. That Bougainville Transitional Government in the interim arrangement must be responsible for the programming and implementation of the 3R Strategy - Restoration Programme.
    8. The permanent Government for Bougainville upon it's establishment, will be responsible for the continued programming and implementation of that Progamme.
    9. The budgetting, financing and implementation of the 3R Strategy - Restoration Programme shall be the responsibility of the Department of Bougainville
  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing
    Power sharing→Territorial power sharing→Autonomous regions
    Page 3, Future Structure of Provincial Government of Bougainville
    11. That a permanent structure of Provincial Government for Bougainville will be installed as soon as possible. This will be the responsibility of the Premier and his Transitional Government to develop and propose to the National Government, taking into account the principles of self-reliance, links and power sharing under the National Constitution.
  • 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
    4-6. dealing with rehabilitation of the Bougainville economy,especially access issues with Panguna Mine and plantations

Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access
    Page 3, Future Structure of Provincial Government of Bougainville
    12. The National Government will lift all restrictions of travel including prize rewards of K200,000 previously set for the apprehension and prosecution of BRA leaders, including Joseph Kabui, Francis Ona and Sam Kauona in order to enable them to become part of; and, participate in the dialogue, goodwill, peace and normalcy through the Bougainville Transitional Government.
  • 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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 2, Rehabilitation of Bougainville Economy (Future of Panguna Mine and Plantations)
    4. That the rehabilitation of the Bougainville Provincial economy must be approached in the same manner, framework and process applied in respect of the development of resource projects in the rest of the country. That these resource projects shall be looked at as "new projects".
  • National economic plan

    No specific mention.

  • Natural resources
    Page 2, Rehabilitation of Bougainville Economy (Future of Panguna Mine and Plantations)
    5. That the re-opening of the Panguna Mine shall be base on a re-negotiated arrangement and that proceeds from it also contribute towards the restoration programme in the Province.
  • 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 2-3, Future of Resistance Forces
    10. That a package will be negotiated to:
    (i) recognize the contributions by Resistance Forces;
    (ii) consider making appropriate compensation
    (iii) re-deploy them to other productive activities within the Province and country as a whole; and
    (iv) rehabilitate and re-settle them into normal life.
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→DDR programmes
    Page 2-3, Future of Resistance Forces
    10. That a package will be negotiated to:
    (i) recognize the contributions by Resistance Forces;
    (ii) consider making appropriate compensation
    ... (iv) rehabilitate and re-settle them into normal life.
  • 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
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 2, Amnesty (Pardon) for surrendered BRA
    1. That the National Government will grant as from 2400hrs on 18 May 1995, within the framework of the laws of Papua New Guinea, and as part of the overall settlement to the Bougainville crisis Amnesty to various members of illegal and criminal forces, groups and individuals
    2. This Amnesty from prosecution will commence from October 1988 to 2400hrs of the date of the signing of this Communique.
    3. The National Government also grants as of 2400hrs of 18 May 1995, amnesty for the surrender and destruction of all firearms in possession of these illegal, criminal forces, groups and individuals up to and including a period of fourteen (14) days.

    Page 3, Future Structure of Provincial Government of Bougainville
    12. The National Government will lift all restrictions of travel including prize rewards of K200,000 previously set for the apprehension and prosecution of BRA leaders, including Joseph Kabui, Francis Ona and Sam Kauona in order to enable them to become part of; and, participate in the dialogue, goodwill, peace and normalcy through the Bougainville Transitional Government.
  • 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
    Transitional justice→Reparations→Material reparations
    Page 2, Rehabilitation of Bougainville Economy (Future of Panguna Mine and Plantations)
    6. That compensation for "people" will be addressed in the context of and as part and parcel of the Rehabilitation Programme of the economy. The "people" to be compensated will be categorised by the BTG and settlement will be made with the constraints of resources and capacities of the Province and the National Government.
  • Reconciliation
    Page 1, Untitled Preamble
    ... Committed to their on-going programs for consultations and negotiations, including dialogue on all other issues pertinent to the resolution of the Bougainville situation, such as,
    (ii) Reconciliation and Compensation

Implementation

  • UN signatory

    No specific mention.

  • 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

    No specific mention.

  • 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/png-waigani-communiqu%C3%A995

The Waigani-Communiqué Port Moresby,

18 May 1995

The Prime Minister and the Leader of the National Government Delegation of Papua New Guinea, the Rt Hon Sir Julius Chan and the Premier and Leader of the Bougainville Transitional Government Delegation, Mr Theodore Miriung having met at Mirigini House, Port Moresby on 18 May, 1995, and:

Pursuing the Charter of Mirigini through the establishment of the Bougainville Transitional Government.

Noting that the functions of the Bougainville Transitional Government includes a negotiated settlement towards peace, normalcy, services and permanent legal authority to the situation on Bougainville.

Committed to their on-going programs for consultations and negotiations, including dialogue on all other issues pertinent to the resolution of the Bougainville situation, such as,

(i) Pardon Amnesty and Temporary Refuge;

(ii) Reconciliation and Compensation

(iii) Restoration of Services and Reconstruction of Bougainville;

(iv) and Others.

Taking realistically into account the current situation, including the wishes of the Chiefs, the Bougainville Transitional Government Assembly, various interest groups, other leaders and the people of Bougainville as a whole for peace and unity through the provision of incentives, resources and goodwill.

Having held extensive discussions;

HAVE AGREED as follows:

Amnesty (Pardon) for surrendered BRA

1. That the National Government will grant as from 2400hrs on 18 May 1995, within the framework of the laws of Papua New Guinea, and as part of the overall settlement to the Bougainville crisis Amnesty to various members of illegal and criminal forces, groups and individuals

2. This Amnesty from prosecution will commence from October 1988 to 2400hrs of the date of the signing of this Communique.

3.

The National Government also grants as of 2400hrs of 18 May 1995, amnesty for the surrender and destruction of all firearms in possession of these illegal, criminal forces, groups and individuals up to and including a period of fourteen (14) days.

Rehabilitation of Bougainville Economy (Future of Panguna Mine and Plantations)

4. That the rehabilitation of the Bougainville Provincial economy must be approached in the same manner, framework and process applied in respect of the development of resource projects in the rest of the country.

That these resource projects shall be looked at as "new projects".

5. That the re-opening of the Panguna Mine shall be base on a re-negotiated arrangement and that proceeds from it also contribute towards the restoration programme in the Province.

6. That compensation for "people" will be addressed in the context of and as part and parcel of the Rehabilitation Programme of the economy.

The "people" to be compensated will be categorised by the BTG and settlement will be made with the constraints of resources and capacities of the Province and the National Government.

Future Administrative Arrangements for the Restoration Programme

7. That Bougainville Transitional Government in the interim arrangement must be responsible for the programming and implementation of the 3R Strategy-Restoration Programme.

8. The permanent Government for Bougainville upon it's establishment, will be responsible for the continued programming and implementation of that Progamme.

9. The budgetting, financing and implementation of the 3R Strategy - Restoration Programme shall be the responsibility of the Department of Bougainville.

Future of Resistance Forces

10. That a package will be negotiated to:

(i) recognize the contributions by Resistance Forces;

(ii) consider making appropriate compensation

(iii) re-deploy them to other productive activities within the Province and country as a whole;

and (iv) rehabilitate and re-settle them into normal life.

Future Structure of Provincial Government of Bougainville

11. That a permanent structure of Provincial Government for Bougainville will be installed as soon as possible.

This will be the responsibility of the Premier and his Transitional Government to develop and propose to the National Government, taking into account the principles of selfreliance, links and power sharing under the National Constitution.

12. The National Government will lift all restrictions of travel including prize rewards of K200,000 previously set for the apprehension and prosecution of BRA leaders, including Joseph Kabui, Francis Ona and Sam Kauona in order to enable them to become part of;

and, participate in the dialogue, goodwill, peace and normalcy through the Bougainville Transitional Government.

Implementation

13. That officials of the National Government and the Bougainville Transitional Government shall carry out detailed negotiations and conclude programmes and projects arising from this Communique and those envisaged in the Charter of Mirigini, and report to the next meeting on 29 May 1995.

Signed at Waigani, on 18th day of May, 1995

RT HON SIR JULIUS CHAN GCMG KBE MP

PRIME MINISTER

NATIONAL GOVERNMENT OF PAPUA NEW GUINEA

MR THEODORE MIRIUNG

PREMIER

BOUGAINVILLE TRANSITIONAL GOVERNMENT