Sharp Agreement on the Dispensation of Constitutional Requirements Relating to the Process of Transfer of Functions and Powers

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Sharp Agreement on the Dispensation of Constitutional Requirements Relating to the Process of Transfer of Functions and Powers
Date: 13 May 2021
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: Hon. James Marape, MP
Prime Minister
Government of Papua New Guinea

Hon. Ishmael Toroama, MHR
President
Autonomous Bougainville Government
Third parties: Witnessed by:

Hon. Brian Kramer, MP
Minister for Justice
Government of Papua New Guinea

Hon. Ezekiel Masatt, MHR
Attorney General & Minister for Bougainville
Independence Mission Implementation
Autonomous Bougainville Government
Description: Agreement to remove impediments to the constitutional process of transfer of functions and powers from the Government of Papua New Guinea to the Autonomous Bougainville Government, following the results of the Bougainville Referendum on independence.

Agreement document: PG_210513_Sharp Agreement.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: Page 2, Preamble,
Whereas the Prime Minister of Papua New Guinea has on the occasion of the declaration of the result of the Bougainville Referendum on the 13th of December 2019, and on other occasions, declared his Government's commitment to facilitate the transfer to Bougainville of all powers available to Bougainville under Section 290 of the National Constitution;
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: 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 2,
An Agreement proposed at the Sharp Memorial Centre, Arawa, and made today at Port Moresby between the Government of Papua New Guinea and the Autonomous Bougainville Government to remove impediments to the constitutional process of transfer of functions and powers.

Page 2, Preamble,
Whereas Section 295 of the National Constitution provides for a process for the transfer of functions and powers from the National Government to the Bougainville Government by which a function or power may be requested by the Bougainville Government to be transferred to it;

Page 2, Preamble,
Whereas the pre-requisite steps for initiating the process for transfer of a function or power being for Bougainville to assess its needs and capacity in relation to the function and power; and, for the Bougainville Government to give to the National Government 12 months' notice of its intention to seek the transfer of the function or power; and, for Bougainville to then consult with the National Government concerning the transfer of that function or power;

Page 2, Preamble,
Whereas Section 295 of the National Constitution further provides that both Governments may however agree to waive or dispense with those requirements;

Page 2, Preamble,
Whereas the Prime Minister of Papua New Guinea has on the occasion of the declaration of the result of the Bougainville Referendum on the 13th of December 2019, and on other occasions, declared his Government's commitment to facilitate the transfer to Bougainville of all powers available to Bougainville under Section 290 of the National Constitution;

Page 2,
2. The requirements under Section 295(a) and (b) of the National Constitution relating to the process of transfer of functions and powers available to Bougainville under Section 290 of the National Constitution, irrespective of whether a specific request was made or not by the Bougainville Government since the establishment of the Autonomous Bougainville Government, are dispensed with, effective as of the date of this agreement;

Page 2-3,
3. The Autonomous Bougainville Government shall, in consultation with the National Government, proceed to develop and continue to implement agreed plans for the transfer of functions and powers for which the Bougainville Government shall become responsible in accordance with the Bougainville Peace Agreement and Section 3 of the Organic Law on Peace-Building in Bougainville - Autonomous Bougainville Government and Bougainvile Referendum, 2002;

Page 3,
4. The Autonomous Bougainville Government shall as from this day be at liberty to legislate on any, or all, of those areas or matters under Section 290 in accordance with agreed plans;

Page 3,
5. All outstanding issues of the transfer of a function and power for which notice under Section 295(b) has been given, which includes the signing of inter-agency memorandum of understanding, will continue to be pursued to their completion.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 2,
An Agreement proposed at the Sharp Memorial Centre, Arawa, and made today at Port Moresby between the Government of Papua New Guinea and the Autonomous Bougainville Government to remove impediments to the constitutional process of transfer of functions and powers.

Page 2, Preamble,
Whereas Section 295 of the National Constitution provides for a process for the transfer of functions and powers from the National Government to the Bougainville Government by which a function or power may be requested by the Bougainville Government to be transferred to it;

Page 2, Preamble,
Whereas the pre-requisite steps for initiating the process for transfer of a function or power being for Bougainville to assess its needs and capacity in relation to the function and power; and, for the Bougainville Government to give to the National Government 12 months' notice of its intention to seek the transfer of the function or power; and, for Bougainville to then consult with the National Government concerning the transfer of that function or power;

Page 2, Preamble,
Whereas Section 295 of the National Constitution further provides that both Governments may however agree to waive or dispense with those requirements;

Page 2, Preamble,
Whereas the Prime Minister of Papua New Guinea has on the occasion of the declaration of the result of the Bougainville Referendum on the 13th of December 2019, and on other occasions, declared his Government's commitment to facilitate the transfer to Bougainville of all powers available to Bougainville under Section 290 of the National Constitution;

Page 2,
2. The requirements under Section 295(a) and (b) of the National Constitution relating to the process of transfer of functions and powers available to Bougainville under Section 290 of the National Constitution, irrespective of whether a specific request was made or not by the Bougainville Government since the establishment of the Autonomous Bougainville Government, are dispensed with, effective as of the date of this agreement;

Page 2-3,
3. The Autonomous Bougainville Government shall, in consultation with the National Government, proceed to develop and continue to implement agreed plans for the transfer of functions and powers for which the Bougainville Government shall become responsible in accordance with the Bougainville Peace Agreement and Section 3 of the Organic Law on Peace-Building in Bougainville - Autonomous Bougainville Government and Bougainvile Referendum, 2002;

Page 3,
4. The Autonomous Bougainville Government shall as from this day be at liberty to legislate on any, or all, of those areas or matters under Section 290 in accordance with agreed plans;

Page 3,
5. All outstanding issues of the transfer of a function and power for which notice under Section 295(b) has been given, which includes the signing of inter-agency memorandum of understanding, will continue to be pursued to their completion.
Economic power sharing: Power sharing→Economic power sharing→Other
Page 2, Preamble,
Whereas both Governments understand the need also to remove other forms of economic and financial controls which hinder the ability of the Autonomous Bougainville Government to effectively perform its function:...

Page 3,
6. All economic and financial controls by the National Government that continue to impede on the ability of the Autonomous Bougainville Government to effectively manage its own revenue collection - whether or not these controls have arisen under agreed plans by the implementing agencies as envisaged by Sections 4, 5, and 39 of the Organic Law on Peace-Building on Bougainville -Autonomous Bougainville Government and Bougainville Referendum 2002 - shall be reassessed or reviewed by the relevant agencies and have them removed as soon as practicable.
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: Socio-economic reconstruction→Taxation→Power to tax
Page 3,
6. All economic and financial controls by the National Government that continue to impede on the ability of the Autonomous Bougainville Government to effectively manage its own revenue collection - whether or not these controls have arisen under agreed plans by the implementing agencies as envisaged by Sections 4, 5, and 39 of the Organic Law on Peace-Building on Bougainville -Autonomous Bougainville Government and Bougainville Referendum 2002 - shall be reassessed or reviewed by the relevant agencies and have them removed as soon as practicable.
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: No specific mention.
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: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Language of Peace Database https://peaceadmin.languageofpeace.org/v3/agreements/1353/pdf (Accessed on 13/6/2022)

SHARP AGREEMENT

2021

Signed on Thursday 13 May, 2021 at Kumul Conference Room, Holiday Inn

SHARP AGREEMENT

On the Dispensation of Constitutional Requirements Relating to the Process of Transfer of

Functions and Powers

An Agreement proposed at the Sharp Memorial Centre, Arawa, and made today at Port

Moresby between the Government of Papua New Guinea and the Autonomous

Bougainville Government to remove impediments to the constitutional process of transfer of

functions and powers.

Preamble

Whereas Section 295 of the National Constitution provides for a process for the transfer of

functions and powers from the National Government to the Bougainville Government by which

a function or power may be requested by the Bougainville Government to be transferred to it;

and

Whereas the pre-requisite steps for initiating the process for transfer of a function or power

being for Bougainville to assess its needs and capacity in relation to the function and power;

and, for the Bougainville Government to give to the National Government 12 months' notice

of its intention to seek the transfer of the function or power;

and, for Bougainville to then consult

with the National Government concerning the transfer of that function or power, and

Whereas Section 295 of the National Constitution further provides that both Governments may

however agree to waive or dispense with those requirements;

and

Whereas the Prime Minister of Papua New Guinea has on the occasion of the declaration of

the result of the Bougainville Referendum on the 13th of December 2019, and on other

occasions, declared his Government's commitment to facilitate the transfer to Bougainville of

all powers available to Bougainville under Section 290 of the National Constitution;

and

Whereas both Governments understand the need also to remove other forms of economic

and financial controls which hinder the ability of the Autonomous Bougainville Government to

effectively perform its function:

It is now hereby AGREED as follows:

1. This Agreement abrogates the application of the Memorandum of Understanding between

the Government of Papua New Guinea and the Autonomous Bougainville Government on

the Overarching Framework for the Transfer of Functions and Powers from the National

Government to the Autonomous Bougainville Government Pursuant to the Bougainville

Peace Agreement of 2017;

2. The requirements under Section 295(a) and (b) of the National Constitution relating to the

process of transfer of functions and powers available to Bougainville under Section 290 of

the National Constitution, irrespective of whether a specific request was made or not by

the Bougainville Government since the establishment of the Autonomous Bougainville

Government, are dispensed with, effective as of the date of this agreement;

3. The Autonomous Bougainville Government shall, in consultation with the National

Government, proceed to develop and continue to implement agreed plans for the

transfer of functions and powers for which the Bougainville Government shall become

responsible in accordance with the Bougainville Peace Agreement and Section 3 of the

Organic Law on Peace-Building in Bougainville - Autonomous Bougainville Government

and Bougainvile Referendum, 2002;

4. The Autonomous Bougainville Government shall as from this day be at liberty to legislate

on any, or all, of those areas or matters under Section 290 in accordance with agreed

plans;

5. All outstanding issues of the transfer of a function and power for which notice under

Section 295(b) has been given, which includes the signing of inter-agency memorandum

of understanding, will continue to be pursued to their completion.

6. All economic and financial controls by the National Government that continue to impede

on the ability of the Autonomous Bougainville Government to effectively manage its own

revenue collection - whether or not these controls have arisen under agreed plans by the

implementing agencies as envisaged by Sections 4, 5, and 39 of the Organic Law on

Peace-Building on Bougainville -Autonomous Bougainville Government and Bougainville

Referendum 2002 - shall be reassessed or reviewed by the relevant agencies and have

them removed as soon as practicable.

Signed at Waigani this 13th day of May 2021.

Hon. James Marape, MP

Prime Minister

Government of Papua New Guinea

Hon. Ishmael Toroama, MHR

President

Autonomous Bougainville Government

Witnessed by:

Hon. Brian Kramer, MP

Minister for Justice

Government of Papua New Guinea

Hon. Ezekiel Masatt, MHR

Attorney General & Minister for Bougainville

Independence Mission Implementation

Autonomous Bougainville Government