Memorandum of Understanding between Buka Community Leaders and the National Government Delegation

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Memorandum of Understanding between Buka Community Leaders and the National Government Delegation
Date: 5 Oct 1990
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Bougainville Conflict (1987 - 1998)
The conflict on Bougainville, an island under the jurisdiction of Papua New Guinea (PNG), began in 1987 as a dispute over compensation for the use of land by Bougainville Copper Ltd, a an Australian subsidiary. The underlying issue of independence soon emerged and the conflict escalated between the government of PNG and the native islanders, in turn spearheaded by the Bougainville Revolutionary Army (BRA). Until fighting ended in 1998, an estimated 20,000 died in the conflict. Several pre-negotiation agreements culminated in an agreement to a ‘permanent and irrevocable’ ceasefire, and a framework for normalizing the PNG-Bourgainville relationship, which included elections.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: Hon. Fr. John Momis MP, Minsiter for Provincial Affairs;
Hon. Bernard Narokobi MP, Attorney General;
Sam Tulo, Leader of Delegation;
James Togel, Deputy Leader of Delegation;
Third parties: -
Description: A short memorandum of understanding between the National Government and a delegation of Baku community leaders. Agreement sets out a range of measures designed to address conflict related issues facing the Baku community.

Agreement document: PG_901005_MoUBukaCommunityLeaders.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1,
6. The Buka leaders further urged the government, among other things to: -
... (e) rehabilitate and gainfully employ youth
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: Page 1,
3. The Buka leaders totally rejected secession, but urged the National Government to grant more autonomy to the Province through the existing Constitutional framework.
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 1,
6. The Buka leaders further urged the government, among other things to: -
... (b) establish an interim administration to run the affairs of Buka;
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: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 2,
6. The Buka leaders further urged the government, among other things to: -
(a) appoint an additional member of Parliament to represent Buka in this crisis period;
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 1,
3. The Buka leaders totally rejected secession, but urged the National Government to grant more autonomy to the Province through the existing Constitutional framework.
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: No specific mention.

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: Page 2,
8. The National Government delegation undertakes, within the legal, and constitutional powers and within the constraints of its financial resources to do all it can to restore government and business services to Buka and to the whole of Bougainville.
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 1, Untitled Preamble
WHEREAS, on the 16th March 1990, following an agreement with the illegal BRA leadership, the National government withdrew all Security Forces on Bougainville; and
... AS A RESULT, the Buka people, out of desperation, sought the assistance of the Security Forces on 18/9/90 for safety and restoration of all government services;

Page 1,
4. The Buka leaders in equal vigour rejected the BRA's 'reign of terror and fear', and strongly welcomed the presence of the National Government and the Security Forces.

Page 1,
5. The Buka leaders highly commended the exemplary conduct of the Security Forces and urged their continued presence on Buka Island.

Page 1,
6. The Buka leaders further urged the government, among other things to: -
... (g) engage Buka personnel in the provision of security to the Island.

Page 2,
9. The National Government delegation undertakes to continue to provide security to the people of Buka as apart of its constitutional obligations.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 1,
4. The Buka leaders in equal vigour rejected the BRA's 'reign of terror and fear', and strongly welcomed the presence of the National Government and the Security Forces.

Page 1,
5. The Buka leaders highly commended the exemplary conduct of the Security Forces ad urged their continued presence on Buka Island.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Untitled Preamble
WHEREAS, the Buka people have suffered atrocities and inhuman treatment at the hands of the outlawed BRA;
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 1,
6. The Buka leaders further urged the government, among other things to: -
... (f) consider giving amnesty or immunity to the members of the BRA who freely surrounded to the government;
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: Page 2,
6. The Buka leaders further urged the government, among other things to: -
... (d) undertake a programme of reconciliation, restoration of services and compensation to the victims of the crisis.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 2,
6. The Buka leaders further urged the government, among other things to: -
... (d) undertake a programme of reconciliation, restoration of services and compensation to the victims of the crisis.
Reconciliation: Page 2,
6. The Buka leaders further urged the government, among other things to: -
... (d) undertake a programme of reconciliation, restoration of services and compensation to the victims of the crisis.

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: UN Peacemaker, available at https://peacemaker.un.org/sites/peacemaker.un.org/files/901005_MoUBikaCommunityLeaders.pdf (Accessed on January 8, 2020; archived on WaybackMachine)

Memorandum of Understanding between Buka Community Leaders and the National Government Delegation

Whereas, on the 16th March 1990, folloiwng an agreement with the illegal BRA leadership, the National Government withdrew all Security Forces on Bougainville;

and

Whereas, the Buka people have suffered atrocities and inhuman treatment at the hands of the outlawed BRA;

and

As a result, the Buka people, out of desperation, sought the assistance of the Security Forces on 18/9/90 for safety and restoration of all government services;

And Whereas, the governemnt on 21/9/90 acceded to the people's request;

Not the National Government has asked certain prominent leaders of Buka to have urgent consultations on the provision of government services and security to Buka and elsewhere in Bougainville.

1. A Meeting has not been held between a delegation of the National Government led by Sir Michael Somare and certain community leaders of the Buka, led by Mr Sam Tulo, former national parliament member on the 3rd and 4th October, 1990 at the Malagan Lodge, Kavieng.

2. The Buka leaders briefed the National Government delegation of the current siutation in Buka.

3. The Buka leaders totally rejected secession, but urged the National Government to grant more autonomy to the Province through the existing Constitutional Framework.

4. The Buka leaders in equal vigour rejected the BRA's reign of terror and fear, and strongly welcomed the presence of the National Government and Security Forces.

5. The Buka leaders highly comment the exemplary conduct of the Security Forces and urged their continued presence on Buka Island.

6. The Buka leaders further urged the government, among other things to:-

a) appoint an additional member of parliament to represent Buka in their crisis period;

b) establish an interim administration to run the affairs of Buka;

c) provide services to buka immediately, making primary use of Buka personnel as a temporary measure;

d) undertake a programme of reconciliation, restoration of services and compensation to the victims of the crisis;

e) rehabilitate and gainfully employ youths;

f) consider giving amnesty or immunity to the members of the BRA who freely surrender to the government;

and

g) engage Buka personnel in the provision of security to the Island.

7. The National Government delegation highly commend the Buka leaders and the Buka people as a whole for their firm stand.

8. The National Government delegation undertakes, with the legal, and constitutional powers and within the constraints of its financial resources to do all it can to restore all government and business services to Buka and the whole of Bougainville.

9. The National Government delegation undertakes to continue to provide security to the people of Buka as a part of its constitutional obligations.

10. The parties agree that all good and services going to Buka shall be coordinated through the normal governmental channels.

11. The National Government delegation undertakes to consult the Buka delegation leaders in the process of restoration of goods and services, and to hold talks with them from time to time, as the need arises.

12. This memorandum of understanding does not prevent the continued dialogue and negotiations initated under August 5th, Endeavour Accord except that the parties agree that Mr Sam Tulo shall be included in any talks on the future status of Bougainville.

Hon. Fr.

John Momis Mp, Minister for Provincial Affairs

Sam Tulo, Leader of Delegation

Hon. Bernard Narokobi MP, Attourney General

James Togel, Deputy Leader of Delegation