Joint Communique on the Outcome of the Bougainville Referendum

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Joint Communique on the Outcome of the Bougainville Referendum
Date: 11 Jan 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: Copy of the agreement unsigned, but parties to signed version believed to be James Marape, Prime Minister, Government of Papua New Guinea and Ishmael Toroama, President, Autonomous Bougainville Government.
Third parties: -
Description: Agreement in which both the Government of Papua New Guinea and the Autonomous Bougainville Government agree to immediately commence joint consultations as required under the National Constitution and the Bougainville Peace Agreement, following the Bougainville Referendum on independence.

Agreement document: PG_210111_Joint Communique.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 1,
In furthering the Bougainville Peace process in the Post Referendum period and having met today, we officially reaffirm and assure the people of Papua New Guinea and Bougainville that the Governments of PNG and Bougainville are committed to the process of the joint Consultations on the outcome of the referendum.

Page 1,
The signing of the Joint Communique today signals our intention to immediately commence the joint consultations as is required by the National Constitution under Section 342 (1) and the Bougainville Peace Agreement under Clause 311 (b) for the Government of Papua New Guinea and the Autonomous Bougainville Government to consult over the outcome or result of the Bougainville referendum.

Page 1,
This Joint Communique affirms that as required by the Bougainville Peace Agreement, the referendum outcome will be subject to ratification (final decision making) of the National Parliament while Section 342 (2) of the National Constitution has prescribed that the decision of the National Parliament, relating to the referendum result is subject to consultation under Section 342 (1).

Page 1,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;
• That the Bougainville Peace Agreement provides for a political right to Bougainvilleans to a referendum among Bougainvilleans, on the future political status of Bougainville;
• That the National Government had guaranteed that political right through Section 338 (1) of the National Constitution;

Page 1,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the constitutional guarantee for the referendum under Section 338 (1) of the National Constitution depended on the Autonomous Bougainville Government’s (ABG) fulfillment of conditions relating to weapons disposal and good governance, of
which the ABG satisfactorily met;

Page 1,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the choice for separate independence was guaranteed under Section 339 (c) of the National Constitution as one of a number of possible choices available to Bougainvilleans in the referendum;

Page 1-2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;

Page 2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the referendum question and the following two choices of option 1 – Greater Autonomy, and option 2 – Independence was presented to Bougainvilleans in the referendum and were intended to facilitate a clear result:;

Page 2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the referendum was conducted by an impartial Bougainville Referendum Commission (BRC), headed by Mr. Bertie Ahern of Ireland, which comprised of a fair number of representatives from the National Government and the Autonomous Bougainville Government;

Page 2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• The referendum that was held between November and December 2019 and witnessed by international observers was free and fair, and according to observer groups “credible, transparent and inclusive”;

Page 2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That a total number of 181,067 Bougainvilleans voted in the referendum, out of that 97.7 % of them chose independence;

Page 2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the report of the Bougainville Referendum Commission was tabled in both the National Parliament and the Bougainville House of Representatives, and was unanimously endorsed by both parliaments.

Page 2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
In adopting fully these established facts and principles; we hereby agree that the upcoming joint consultations will be moderated by an appointed Moderator and would be, but not limited to, addressing the key issues on the future political status of Bougainville, the method of endorsement by the National Parliament and the Documentation of record of the joint consultation.
State symbols: No specific mention.
Independence/secession: Page 1,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the choice for separate independence was guaranteed under Section 339 (c) of the National Constitution as one of a number of possible choices available to Bougainvilleans in the referendum;

Page 1-2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;

Page 2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the referendum question and the following two choices of option 1 – Greater Autonomy, and option 2 – Independence was presented to Bougainvilleans in the referendum and were intended to facilitate a clear result:;

Page 2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That a total number of 181,067 Bougainvilleans voted in the referendum, out of that 97.7 % of them chose independence;
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: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
[Summary: The entirety of the agreement relates to provision of a referendum on secession of the Autonomous Region of Bougainville, as an act on self-determination, implementing the commitment of the Bougainville Peace Agreement.]

Page 1,
The signing of the Joint Communique today signals our intention to immediately commence the joint consultations as is required by the National Constitution under Section 342 (1) and the Bougainville Peace Agreement under Clause 311 (b) for the Government of Papua New Guinea and the Autonomous Bougainville Government to consult over the outcome or result of the Bougainville referendum. This Joint Communique affirms that as required by the Bougainville Peace Agreement, the referendum outcome will be subject to ratification (final decision making) of the National Parliament while Section 342 (2) of the National Constitution has prescribed that the decision of the National Parliament, relating to the referendum result is subject to consultation under Section 342 (1).

Page 1-2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the choice for separate independence was guaranteed under Section 339 (c) of the National Constitution as one of a number of possible choices available to Bougainvilleans in the referendum; and
• That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’; and
• That the referendum question and the following two choices of option 1 – Greater Autonomy, and option 2 – Independence was presented to Bougainvilleans in the referendum and were intended to facilitate a clear result:;...
• That a total number of 181,067 Bougainvilleans voted in the referendum, out of that 97.7 % of them chose independence; and...
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1-2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Vote and take part
Page 1,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;
• That the Bougainville Peace Agreement provides for a political right to Bougainvilleans to a referendum among Bougainvilleans, on the future political status of Bougainville;
• That the National Government had guaranteed that political right through Section 338 (1) of the National Constitution;
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1-2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;
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: Page 1-2,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the both Governments had agreed to the definition of independence before the conduct of the referendum to mean ‘an independent nation with sovereign powers and laws, recognized under international law and by other international states to be an independent state, separate from the state of Papua New Guinea, with a defined territory, inclusive of maritime boundaries and associated exclusive economic zones; and a government chosen by its people; and capacity to enter into and manage international relations and United Nations membership’;

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,
The Joint Communique builds on the tremendous achievements of both Governments on the Bougainville Peace process and embraces fully the statement of established facts and principles as outlined herewith;...
• That the constitutional guarantee for the referendum under Section 338 (1) of the National Constitution depended on the Autonomous Bougainville Government’s (ABG) fulfillment of conditions relating to weapons disposal and good governance, of
which the ABG satisfactorily met;
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: Full text found at Language of Peace Database, https://peaceadmin.languageofpeace.org/v3/agreements/1301/pdf (accessed on 13/6/2022)

https://reliefweb.int/report/papua-new-guinea/occasion-signing-joint-communique-prime-minister-papua-new-guinea-honourable / https://www.pmnec.gov.pg/index.php/secretariats/pm-media-statements/242-on-the-occasion-of-the-signing-of-the-joint-communique-by-prime-minister-of-papua-new-guinea-honourable-james-marape-mp-and-president-of-autonomous-bougainville-government-honourable-ishmael-toroama-mhr

Joint Communique on the Outcome of the Bougainville Referendum

11 January 2021

In furthering the Bougainville Peace process in the Post Referendum period and having met

today, we officially reaffirm and assure the people of Papua New Guinea and Bougainville

that the Governments of PNG and Bougainville are committed to the process of the joint

Consultations on the outcome of the referendum.

The signing of the Joint Communique today signals our intention to immediately commence

the joint consultations as is required by the National Constitution under Section 342 (1) and

the Bougainville Peace Agreement under Clause 311 (b) for the Government of Papua New

Guinea and the Autonomous Bougainville Government to consult over the outcome or

result of the Bougainville referendum.

This Joint Communique affirms that as required by the Bougainville Peace Agreement, the

referendum outcome will be subject to ratification (final decision making) of the National

Parliament while Section 342 (2) of the National Constitution has prescribed that the

decision of the National Parliament, relating to the referendum result is subject to

consultation under Section 342 (1).

The Joint Communique builds on the tremendous achievements of both Governments on

the Bougainville Peace process and embraces fully the statement of established facts and

principles as outlined herewith;

• That the Bougainville Peace Agreement provides for a political right to

Bougainvilleans to a referendum among Bougainvilleans, on the future political

status of Bougainville;

and

• That the National Government had guaranteed that political right through Section

338 (1) of the National Constitution;

and

• That the constitutional guarantee for the referendum under Section 338 (1) of the

National Constitution depended on the Autonomous Bougainville Government’s

(ABG) fulfillment of conditions relating to weapons disposal and good governance, of

which the ABG satisfactorily met;

and

• That the choice for separate independence was guaranteed under Section 339 (c) of

the National Constitution as one of a number of possible choices available to

Bougainvilleans in the referendum;

and

• That the both Governments had agreed to the definition of independence before the

conduct of the referendum to mean ‘an independent nation with sovereign powers

and laws, recognized under international law and by other international states to be

an independent state, separate from the state of Papua New Guinea, with a defined

territory, inclusive of maritime boundaries and associated exclusive economic zones;

and a government chosen by its people;

and capacity to enter into and manage

international relations and United Nations membership’;

and

• That the referendum question and the following two choices of option 1 – Greater

Autonomy, and option 2 – Independence was presented to Bougainvilleans in the

referendum and were intended to facilitate a clear result:

;

and

• That the referendum was conducted by an impartial Bougainville Referendum

Commission (BRC), headed by Mr. Bertie Ahern of Ireland, which comprised of a fair

number of representatives from the National Government and the Autonomous

Bougainville Government;

and

• The referendum that was held between November and December 2019 and

witnessed by international observers was free and fair, and according to observer

groups “credible, transparent and inclusive”;

and

• That a total number of 181,067 Bougainvilleans voted in the referendum, out of that

97.7 % of them chose independence;

and

• That the report of the Bougainville Referendum Commission was tabled in both the

National Parliament and the Bougainville House of Representatives, and was

unanimously endorsed by both parliaments.

In adopting fully these established facts and principles;

we hereby agree that the upcoming

joint consultations will be moderated by an appointed Moderator and would be, but not

limited to, addressing the key issues on the future political status of Bougainville, the

method of endorsement by the National Parliament and the Documentation of record of the

joint consultation.

Finally, in memory of the late Sir Mekere Morauta, for his contributions to the Bougainville

Peace process as a former Prime Minister of our Nation and for his role as a signatory to the

Bougainville Peace Agreement in 2001, this Joint Communique embodies both our

Government’s sincerity to continued peace by peaceful means.

God Bless our people of Papua New Guinea and Bougainville.

Source:

https://reliefweb.int/report/papua-new-guinea/occasion-signing-jointcommunique-prime-minister-papua-new-guinea-honourable