Agreed Principles on Referendum

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Agreed Principles on Referendum
Date: 26 Jan 2001
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: H.E. Ambassador Noel Sinclair, Chairman, Director, UNOMB;
Third parties: Witnessed by:
Dr Stephen Henningham, Chief Negotiator, PMG;
Description: A short agreement briefly setting out the terms for a planned referendum on independence for Bougainville.

Agreement document: PG_010126_Agreed Principles on Referendum.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): Page 1,
1. The National Government will move amendments to the National Constitution to guarantee a referendum on Bougainville's future political status.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: The agreement in its entirety provides for a referendum.
State symbols: No specific mention.
Independence/secession: Page 1,
2. The choices available in the referendum will include a separate independence for Bougainville
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: 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: Governance→Constitution→Constitutional reform/making
Page 1,
1. The National Government will move amendments to the National Constitution to guarantee a referendum on Bougainville's future political status.

Page 1,
4. a) The constitutional amendments will guarantee that the referendum will be held:

Page 1,
5. ... b) The Constitutional amendments and any Organic Law required to implement the agreed referendum arrangements will be introduced into the National Parliament together, and drafted to take effect at the same time.

Power sharing

Political power sharing: No specific mention.
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 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: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1,
4. The constitutional amendments will guarantee that the referendum will be held:
... b) The conditions to be taken into account include:
weapons disposal, and

Page 2,
13. Agreed plans for weapons disposal will be fully implemented before elections for the autonomous Bougainville Government are held.
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: Page 2,
H.E. Ambassador Noel Sinclair, Chairman, Director, UNOMB;
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1,
9. International observers will be invited to observe the conduct of the referendum.
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)

Agreed Principles on Referendum

26 January 2001

1. The National Government will mve amendments to the National Consittution to guarantee a referendum on Bougainville's future status.

2. The Choices available in teh referendum will include a seperate independence for Bougainville.

3a. The amendments will provide that the outcome will be subect to ratification (dinal decision-making authority) of the National Parliament;

and

b. The autonomous Bougainville Government and the National Government will consult over the results of the referendum.

4a. The constituttional amendments will guarantee that the referendum will be held;

No earlier than 10 years and, in any case, no later than 15 years after the election of the first autonomous Bougainville Government,

when the conditions listed below have been met,

unless the autonomous Bougainville Government decides, after consultation with the National Government and in accordance with the Bougainville constitution, that the referendum should not be held;

b. The conditions to be taken into account include:

weapons disposal, and

good governance;

c. The actual date of teh referendum will be agreed after consultation by the autonomous Bougainville Government and the National Government.

5a. The referendum on Bougainville's future political status will be conducted in accordance with agreed constitutional arrangements;

b. The Constitutional amendments and any Organic Law required to implement the agreed referendum arrangements will be introduced into the National Parliament together, and drafted to take effect at the same time.

6. Eligibility to vote in teh referendum will be the same as for National Elections in Bougainville plus non-resident Bougainvilleans (detailed criteria to be finalized through consultation).

7a. The question(s) to be asked in the referendum should be clear and agreed by the Nationa Government and the autonomous Bougainville Government;

b. The choices should be present so as to facilitate a clear result.

8. The referendum will be free and fair.

9. International observers will be invited to observe the conduct of the referendum.

10. This agreement will be given effect through Constitutional Laws.

11a. The National Government and the autonomous Bougainville Government will consult and co-operate to ensure that the conditions intended to apply before the referendum are met.

b. Differences over any issues related to holding the referendum wil be resolved through procedures for resolving disputes to be included in the final agreement on autonomy and referendum.

12. Consultations over the referendum will include:

Timely communication of views in writing to specified point of contract;

Adequate opportunity to respond in a similar way;

Where there are differences, meaningful exchange of views within an adequate, agreed/specified time frame, either orally or in writing, with a view to reaching agreement;

and clear, written record of outcome (either agreeent or different views), prvided for all parties.

13. Agreed plans for weapons disposal will be fully implemented before elections for the autonomous Bougainville Government are held.

Signed as an accurate record on 26 January 2001 at Kokopo.

Signed by:

H.E. Ambassador Noel Sinclair

Chairman

Director, UNOMB

Witnessed by

Dr. Stephen Henningham

Chief Negotiator, PMG