Charter of Mirigini for a New Bougainville

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Charter of Mirigini for a New Bougainville
Date: 25 Nov 1994
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: For National Government: Rt Hon Sir Julius Chan GCMG KBE MP, Prime Minister;
Hon Arnold Marsipal MP, Minister for State Assisting the Prime Minister;
Hon Castan Maibawa MP, Minister for Provincial Affairs and Village Services;

For Bougainville Province: Mr Nick Penial, Chairman (South-West Interim Authority);
Mr Thomas Anis, Buka Interim Authority;
Mr Theodore Miriung, Interim Chairman (North Nasioi Village Council of Chiefs);
Hon John Momis MP, Regional Member of Bougainville and Minister for Communications;
Third parties: -
Description: Parties agree to establish transitional legal body for Bougainville. Parties commit to active programme of negotiations on a political settlement, starting with a review of the 1976 Bougainville Agmt, and maintain dialogue on reconstruction and reconciliation.

Agreement document: PG_941125_The Charter of Mirigini for a New Bougainville.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): Governance→Political institutions (new or reformed)→Temporary new institutions
Page 1, Transitional Political Arrangement
3. Under this Charter, the National Government will, in the framework of the Constitution, its relevant acts and subject to the completion of preparatory work, arrange for the establishment of
a transitional legal body.
4. The National Government has agreed with the Bougainville leaders to establish a transitional legal body by March 1995, for Bougainville. This body will be known as the Bougainville Transitional Government which shall exercise all powers and functions as set out in the Organic Law on Provincial Government.
5. The Bougainville Transitional Government will have an Assembly comprising of leaders nominated by Councils of Chiefs from each interim authority area.
6. The Assembly of the Transitional Government will act as a Constituent Assembly to review the Constitution of the North Solomons Provincial Government after a negotiated settlement is reached between the National Government and the Bougainville Transitional Government.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 1, Preamble
2. In pursuance of the Resolution of the Bougainville Peace Conference held in Arawa from 10 - 14 October 1994, including the Agreement signed on 18 October 1994 between North Nasioi Village Council of Chiefs and the National Government, hereby resolve to step up the pace and momentum of bringing normalcy, services and legal authority to Bougainville by doing the
following:

Page 1, Transitional Political Arrangement
5. The Bougainville Transitional Government will have an Assembly comprising of leaders
nominated by Councils of Chiefs from each interim authority area.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
Sub-state level
Page 1, Transitional Political Arrangement
5. The Bougainville Transitional Government will have an Assembly comprising of leaders nominated by Councils of Chiefs from each interim authority area.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Other Dialogue
9. The National Government and Bougainville leaders will maintain dialogue on all other issues pertinent to the resolution of the crises, including a programme of reconciliation, reconstruction and restoration of services in Bougainville.
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: 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: Page 2, Other Dialogue
9. The National Government and Bougainville leaders will maintain dialogue on all other issues pertinent to the resolution of the crises, including a programme of reconciliation, reconstruction and restoration of services in Bougainville.

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: Page 1, Preamble
1. We, the leaders of the National Government and the people of Bougainville having met in Waigani, determined as partners to continue the peace process on Bougainville, commit ourselves under this Charter to a new spirit, a new deal for a new Bougainville.
2. In pursuance of the Resolution of the Bougainville Peace Conference held in Arawa from 10 - 14 October 1994, including the Agreement signed on 18 October 1994 between North Nasioi Village Council of Chiefs and the National Government, hereby resolve to step up the pace and momentum of bringing normalcy, services and legal authority to Bougainville by doing the following:
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 Peacemaker: https://peacemaker.un.org/png-mirigini-charter94

The Charter of Mirigini for a New Bougainville Waigani,

25 November 1994

Preamble

1. We, the leaders of the National Government and the people of Bougainville having met in Waigani, determined as partners to continue the peace process on Bougainville, commit ourselves under this Charter to a new spirit, a new deal for a new Bougainville.

2. In pursuance of the Resolution of the Bougainville Peace Conference held in Arawa from 10 - 14 October 1994, including the Agreement signed on 18 October 1994 between North Nasioi Village Council of Chiefs and the National Government, hereby resolve to step up the pace and momentum of bringing normalcy, services and legal authority to Bougainville by doing the following:

Transitional Political Arrangement

3. Under this Charter, the National Government will, in the framework of the Constitution, its relevant acts and subject to the completion of preparatory work, arrange for the establishment of a transitional legal body.

4. The National Government has agreed with the Bougainville leaders to establish a transitional legal body by March 1995, for Bougainville.

This body will be known as the Bougainville Transitional Government which shall exercise all powers and functions as set out in the Organic Law on Provincial Government.

5. The Bougainville Transitional Government will have an Assembly comprising of leaders nominated by Councils of Chiefs from each interim authority area.

6. The Assembly of the Transitional Government will act as a Constituent Assembly to review the Constitution of the North Solomons Provincial Government after a negotiated settlement is reached between the National Government and the Bougainville Transitional Government.

Political Settlement

7. The National Government and Bougainville leaders hereby declare this Charter as their commitment to an active programme for consultations and negotiations on a political settlement and that the parties shall agree on a structured programme for these talks by 31 December 1994.

8. The leaders agree that the starting point for consultations and negotiations on a new deal for Bougainville is to review the Bougainville Agreement of 1976 at the next round of talks.

Other Dialogue

9. The National Government and Bougainville leaders will maintain dialogue on all other issues pertinent to the resolution of the crises, including a programme of reconciliation, reconstruction and restoration of services in Bougainville.

Declared at Waigani on the 25th day of November 1994.

For National Government

Rt Hon Sir Julius Chan GCMG KBE MP

Prime Minister

Hon Arnold Marsipal MP

Minister for State Assisting the Prime Minister

Hon Castan Maibawa MP

Minister for Provincial Affairs and Village Services

For Bougainville Province

Mr Nick Penial

Chairman (South-West Interim Authority)

Mr Thomas Anis Buka

Interim Authority

Mr Theodore Miriung

Interim Chairman (North Nasioi Village Council of Chiefs)

Hon John Momis MP

Regional Member of Bougainville and Minister for Communications