Waigini Communique
- Country/entityPapua New Guinea
Bougainville - RegionAsia and Pacific
Asia and Pacific - Agreement nameWaigini Communique
- Date18 May 1995
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processBougainville: peace process
- PartiesRT HON SIR JULIUS CHAN GCMG KBE MP, PRIME MINISTER, NATIONAL GOVERNMENT OF PAPUA NEW GUINEA;
MR THEODORE MIRIUNG, PREMIER, BOUGAINVILLE TRANSITIONAL GOVERNMENT; - Third parties-
- DescriptionParties 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.
- 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)
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 referencesPage 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 administrationPage 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 sharingPower sharing→Territorial power sharing→Autonomous regionsPage 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 rights4-6. 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/accessPage 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 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 resourcesPage 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 GuaranteesPage 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.
- DDRSecurity sector→DDR→DDR programmesPage 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/pardonTransitional justice→Amnesty/pardon→Amnesty/pardon properPage 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.
- ReparationsTransitional justice→Reparations→Material reparationsPage 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. - ReconciliationPage 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.
- 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/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