AIDE MEMOIRE Aide Memoire, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office, Observer Mission in Bougainville. Papua New Guinea (UNPOB/UNOMB)

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: AIDE MEMOIRE Aide Memoire, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office, Observer Mission in Bougainville. Papua New Guinea (UNPOB/UNOMB)
Date: 14 Sep 2001
Agreement status: Unilateral document
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: Government of Papua New Guinea
Third parties: -
Description: Short document setting out a brief summary of what the Government of Papua New Guinea seeks from the Security Council in implementing parts of the Bougainville Peace Agreement.The document requests that the UN Security Council continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement,and assist in implementing the Resolution on Weapons Disposal adopted by the Peace Process Consultative Committee (PPCC) on 9 May and included in Part E of the Bougainville Peace Agreement

Agreement document: PG_14092001_Aide Memoire.pdf (opens in new tab) | Download PDF

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): No specific mention.
Elections: Pages 2-3, Enclosure I AIDE MEMOIRE , Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB)
6. The details of the role that the Agreement foresees for UNPOB / UNOMB in relation to implementation of the agreed weapons disposal is for UNPOB / UNOMB to –
…
Stage 3 - when the decision on the final fate of the weapons is made, be available to verify and certify, with the assistance of the neutral, regional Peace Monitoring Group, whether there has been substantial compliance in the handing in of weapons and whether the level of security makes it conducive to hold the first elections for the autonomous Bougainville Government, and to report to the PPCC on whether the elections should be deferred, and the length of any deferral.

Page 5, Enclosure I AIDE MEMOIRE Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB)
The Agreement has three pillars. They are as follows. ... 2. Referendum ... The referendum will be held no sooner than ten years, and in any case no later than fifteen years, after the election of the autonomous Bougainville Government.
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: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 5, Enclosure I, AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB), INTRODUCTION AND OUTLINE
The Agreement has three pillars. They are as follows.
1. Autonomy
The Agreement provides for arrangements for an autonomous Bougainville Government operating under a home-grown Bougainville Constitution with a right to assume increasing control over a wide range of powers, functions, personnel and resources on the basis of guarantees contained in 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: 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: 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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Pages 1-2, Enclosure I, AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB )
5. The Agreement itself contains a number of commitments made by the Government of the Independent State of Papua New Guinea in respect of the United Nations Security Council:
(2) to request the United Nations Security Council to agree that UNPOB / UNOMB –
i. continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement, (Paragraph 334); […]
Page 5, Enclosure I, AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB), INTRODUCTION AND OUTLINE
This agreement is a joint creation by the Government of the Independent State of Papua New Guinea and Leaders representing the people of Bougainville ("the Parties") to resolve the Bougainville conflict and to secure a lasting peace by peaceful means.
It is intended to further the objectives of The Burnham Truce, the Lincoln and Ceasefire Agreements and other agreements and understandings between the parties.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 5, Enclosure I, AIDE MEMOIRE, Presentation of the BoufainvUle Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB), INTRODUCTION AND OUTLINE
3. Weapons Disposal Plan The agreed weapons disposal plan will proceed in stages, area by area around Bougainville, beginning as soon as is practicable.
Pages 1-2, Enclosure I, AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB )
5. The Agreement itself contains a number of commitments made by the Government of the Independent State of Papua New Guinea in respect of the United Nations Security Council:
(2) to request the United Nations Security Council to agree that UNPOB / UNOMB –
i. continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement, (Paragraph 334); and
ii. assist in implementing the Resolution on Weapons Disposal adopted by the Peace Process Consultative Committee (PPCC) on 9 May and included in Part E of the Bougainville Peace Agreement (Paragraph 330 (a)).
In relation to (2).i, the Agreement envisages that UNPOB / UNOMB will continue to chair the PPCC (Paragraph 335), as provided in the Ceasefire Agreement (which was signed on 30 April 1998).
In relation to (2).ii, the Agreement notes that the decision on the final fate of the weapons at Stage 3 of the agreed weapons disposal plan means that there may be a requirement for 'a continuing presence' by UNPOB / UNOMB 'for a short period to conclude their assignment... during implementation', and that the likely exit-date is 'around the middle and not later than the end of 2002' (Paragraph 330 (b) and (c)).

Pages 2-3, Enclosure I AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB)
6. The details of the role that the Agreement foresees for UNPOB / UNOMB in relation to implementation of the agreed weapons disposal is for UNPOB / UNOMB to –
(1) chair the sub-committee to be established to develop, manage and implement weapons disposal on behalf of the Peace Process Consultative Committee (PPCC); and
(2) participate in implementation as follows:
Stage 1 - receive and transmit information when particular areas arc ready for ex-combatants to disarm and re-integrate into the community and verify the safe storage of weapons after they have been handed in and placed in sealed containers by unit commanders;
Stage 2 - supervise storage, and hold one of the two keys necessary to open the containers which will be provided at a small number of central locations; the Constitutional amendments required to implement the Agreement will take legal effect on verification by UNPOB / UNOMB that 'the weapons are in secure, double-locked containers under its supervision' — pending a final decision on the fate of the weapons, which should be made within the following 4 V% months; and
Stage 3 - when the decision on the final fate of the weapons is made, be available to verify and certify, with the assistance of the neutral, regional Peace Monitoring Group, whether there has been substantial compliance in the handing in of weapons and whether the level of security makes it conducive to hold the first elections for the autonomous Bougainville Government, and to report to the PPCC on whether the elections should be deferred, and the length of any deferral.
In order to be effective in the role envisaged in the Agreement, UNOMB 'will carry out such inspections and enquiries as its representative considers necessary at each stage, verify the collection and storage of weapons, and report its findings regularly, frequently and fully to the PPCC, with respect for such confidentiality as may be required.'
The agreed weapons disposal plan contains an assurance that the parties will co-operate with UNOMB, and ensure it can carry out its responsibilities efficiently and effectively.

Page 4, Enclosure I AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB)
7. Papua New Guinea, therefore –
(2) respectfully requests that UNPOB / UNOMB:
i. continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement, and
ii. assist in implementing the Resolution on Weapons Disposal adopted by the Peace Process Consultative Committee (PPCC) on 9 May and included in Part E of the Bougainville Peace Agreement (Paragraph 329).
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: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: Page 5, Enclosure I: AIDE MEMOIRE, Presentation of the BoufainvUle Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB), INTRODUCTION AND OUTLINE
2. Referendum
The agreement provides for the right, guaranteed in the National Constitution, for a referendum among Bougainvilleans' on Bougainville's future political status. The choices available in the referendum will include a separate independence for Bougainville. The referendum will be held no sooner than ten years, and in any case no later than fifteen years, after the election of the autonomous Bougainville Government. The actual date of the referendum will be set taking account of standards of good governance and the implementation of the weapons disposal plan. The outcome of the referendum will be subject to ratification (final decision making authority) of the National Parliament.
International mission/force/similar: Pages 1-2, Enclosure I, AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB)
5. The Agreement itself contains a number of commitments made by the Government of the Independent State of Papua New Guinea in respect of the United Nations Security Council:
(2) to request the United Nations Security Council to agree that UNPOB / UNOMB –
i. continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement, (Paragraph 334); and
ii. assist in implementing the Resolution on Weapons Disposal adopted by the Peace Process Consultative Committee (PPCC) on 9 May and included in Part E of the Bougainville Peace Agreement (Paragraph 330 (a)).
In relation to (2).i, the Agreement envisages that UNPOB / UNOMB will continue to chair the PPCC (Paragraph 335), as provided in the Ceasefire Agreement (which was signed on 30 April 1998).
In relation to (2).ii, the Agreement notes that the decision on the final fate of the weapons at Stage 3 of the agreed weapons disposal plan means that there may be a requirement for 'a continuing presence' by UNPOB / UNOMB 'for a short period to conclude their assignment... during implementation', and that the likely exit-date is 'around the middle and not later than the end of 2002' (Paragraph 330 (b) and (c)).
Pages 2-3, Enclosure I AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB)
6. The details of the role that the Agreement foresees for UNPOB / UNOMB in relation to implementation of the agreed weapons disposal is for UNPOB / UNOMB to –
(1) chair the sub-committee to be established to develop, manage and implement weapons disposal on behalf of the Peace Process Consultative Committee (PPCC); and
(2) participate in implementation as follows:
Stage 1 - receive and transmit information when particular areas arc ready for ex-combatants to disarm and re-integrate into the community and verify the safe storage of weapons after they have been handed in and placed in sealed containers by unit commanders;
Stage 2 - supervise storage, and hold one of the two keys necessary to open the containers which will be provided at a small number of central locations; the Constitutional amendments required to implement the Agreement will take legal effect on verification by UNPOB / UNOMB that 'the weapons are in secure, double-locked containers under its supervision' — pending a final decision on the fate of the weapons, which should be made within the following 4 V% months; and
Stage 3 - when the decision on the final fate of the weapons is made, be available to verify and certify, with the assistance of the neutral, regional Peace Monitoring Group, whether there has been substantial compliance in the handing in of weapons and whether the level of security makes it conducive to hold the first elections for the autonomous Bougainville Government, and to report to the PPCC on whether the elections should be deferred, and the length of any deferral.
In order to be effective in the role envisaged in the Agreement, UNOMB 'will carry out such inspections and enquiries as its representative considers necessary at each stage, verify the collection and storage of weapons, and report its findings regularly, frequently and fully to the PPCC, with respect for such confidentiality as may be required.'
The agreed weapons disposal plan contains an assurance that the parties will co-operate with UNOMB, and ensure it can carry out its responsibilities efficiently and effectively.
Page 4, Enclosure I AIDE MEMOIRE, Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville, Papua New Guinea (UNPOB / UNOMB)
7. Papua New Guinea, therefore –
(2) respectfully requests that UNPOB / UNOMB:
i. continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement, and
ii. assist in implementing the Resolution on Weapons Disposal adopted by the Peace Process Consultative Committee (PPCC) on 9 May and included in Part E of the Bougainville Peace Agreement (Paragraph 329).
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 Docs: https://undocs.org/pdf?symbol=en/S/2002/1379

Presentation of the Bougainville Peace Agreement, and Formal Request for Assistance in Implementation by the United Nations Political Office/ Observer Mission in Bougainville.

Papua New Guinea (UNPOB / UNOMB)

1. Papua New Guinea is pleased to present the United Nations Security Council with a copy of the Bougainville Peace Agreement, which was signed in Arawa on 30 August 2001.

2. This Agreement is the culmination of more than two years of discussion between the Government of Papua New Government and the other parties involved in the peace process in Bougainville, Papua New Guinea.

3. The Agreement is in three main parts:

(1) Autonomy;

(2) Referendum;

and

(3) Weapons Disposal Plan.

The signatures made on behalf of the parties appear at the end of the Agreement.

4. An outline of the Agreement, jointly prepared as an agreed summary by all of the parties, is appended for information.

5. The Agreement itself contains a number of commitments made by the Government of the Independent State of Papua New Guinea in respect of the United Nations Security Council:

(1) to table the Bougainville Peace Agreement in the United Nations Security Council (Paragraph 334);

(2) to request the United Nations Security Council to agree that UNPOB / UNOMB -

i. continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement, (Paragraph 334);

and

ii. assist in implementing the Resolution on Weapons Disposal adopted by the Peace Process Consultative Committee (PPCC) on 9 May and included in Part E of the Bougainville Peace Agreement (Paragraph 330 (a)).

- In relation to (2).i, the Agreement envisages that UNPOB / UNOMB will continue to chair the PPCC (Paragraph 335), as provided in the Ceasefire Agreement (which was signed on 30 April 1998).

- In relation to (2).ii , the Agreement notes that the decision on the final fate of the weapons at Stage 3 of the agreed weapons disposal plan means that there may be a requirement for 'a continuing presence' by UNPOB / UNOMB 'for a short period to conclude their assignment... during implementation', and that the likely exit-date is 'around the middle and not later than the end of 2002' (Paragraph 330 (b) and (c)).

6. The details of the role that the Agreement foresees for UNPOB / UNOMB in relation to implementation of the agreed weapons disposal is for UNPOB / UNOMB to –

(1) chair the sub-committee to be established to develop, manage and implement weapons disposal on behalf of the Peace Process Consultative Committee (PPCC);

and

(2) participate in implementation as follows:

Stage 1 - receive and transmit information when particular areas arc ready for ex-combatants to disarm and re-integrate into the community .... and verify the safe storage of weapons after they have been handed in and placed in sealed containers by unit commanders;

Stage 2 - supervise storage, and hold one of the two keys necessary to open the containers which will be provided at a small number of central locations;

the Constitutional amendments required to implement the Agreement will take legal effect on verification by UNPOB / UNOMB that 'the weapons are in secure, double-locked containers under its supervision' — pending a final decision on the fate of the weapons, which should bemadewithinthefollowing4V%months;

and

Stage 3 - when the decision on the final fate of the weapons is made, be available to verify and certify, with the assistance of the neutral, regional Peace Monitoring Group, whether there has been substantial compliance in the handing in of weapons and whether the level of security makes it conducive to hold the first elections for the autonomous Bougainville Government, and to report to the PPCC on whether the elections should be deferred, and the length of any deferral.

• In order to be effective in the role envisaged in the Agreement, UNOMB 'will carry out such inspections and enquiries as its representative considers necessary at each stage, verify the collection and storage of weapons, and report its findings regularly, frequently and fully to the PPCC, with respect for such confidentiality as may be required.'

• The agreed weapons disposal plan contains an assurance that the parties will co-operate with UNOMB, and ensure it can carry out its responsibilities efficiently and effectively.

7. Papua New Guinea, therefore -

(1) presents the Bougainville Peace Agreement;

and

(2) respectfully requests that UNPOB / UNOMB:

i. continue monitoring and reporting on implementation of agreed arrangements as provided in the Ceasefire Agreement, and

8. The request is made with sincere appreciation for the Statement to the Press of 14 August 2001, in which the President of the United Nations Security Council -

noted that the United Nations Political Office in Bougainville has consistently played an important "good offices" role.

UNPOB should continue this role, including with regard to weapons collection and disposal.