Joint Bougainville Negotiating Position

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Joint Bougainville Negotiating Position
Date: 14 Dec 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: Signed by:
Joseph C. Kabui;
Hon. John Momis, MP;
James Tanis;
Thomas Anis;
Hon. sam Akoital, MP;
Hon. Michael Laimo, MP;
Hon. Michael Ogio, MP;
Mr. Joel Banam;
Mr. Carolus Ketsimur;
Mr. Joseph Bana;
Mr. Gordon Bure;
Mrs. Ezliabeth Burain;
Mrs. Theresa Jaintong;
Mrs. Lucy Morris;
Mrs. Martha Toarats;
Mrs. Dorcas Awasa;
Mrs. Genevieve Pisi;
Mr. Ben Kamda;
Mr. Steven Topesi;
Mr. Thomas Tari;
Third parties: -
Description: Outlined a common position on autonomy, mechanisms for implementation and guarantee, and options for a deferred referendum, to form the basis for any negotiations with the PNG.

Agreement document: PG_991214_Joint Bougainville Negotiating Position.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, Proposals to give effect to Principles:
ii) Government arrangements for Bougainville:
... Democracy, transparency and accountability in the Bougainville government: essential principles of Bougainville Government.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 3, C. Referendum, Principles
A referendum on independence shall be held among Bougainvilleans.

Page 3, C. Referendum, Proposals to give effect to Principles
Timing of holding of the referendum - The referendum shall be held on a date to be determined bu the autonomous Governement of Bougainville after consultation with the Government of Papua New Guinea

Page 3, C. Referendum, Proposals to give effect to Principles
Trigger - The Government of Bougainville shall consider the following matters in determining a date for the referendum:
Capacity of the Bougainville Administration,
Progress towards reconciliation,
The Political and Economic situation,
Progress in the operation of autonomy arrangements,
Progress on Arms disposal.

Page 4, C. Referendum, Proposals to give effect to Principles
Rejection of holding referendum (including method) - The Bougainville Legislature may determine not to hold a referendum - to be confirmed by the people of Bougainville by referendum.
Manner of the conduct of a referendum
Consequences of definitive yes vote and of definitive no vote
'Binding' effect of the referendum (the mechanism)
Guarantee of agreed referendum arrangements
Referendum on a referendum (holding a referendum on the issue of whether or not a referendum should be held)
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 2, Proposals to give effect to Principles:
iv) Territory:
Maritime territories: The Government of Bougainville shall have all title, powers and jurisdiction over the maritime territories associated with Bougainville's land territory equivalent to that which the Government of PNG has under international law.

Page 2, Proposals to give effect to Principles:
iv) Territory:
... Land territory: The land territory shall be, at least, that defined under the Organic Law on Provincial Boundaries.

Page 2, Proposals to give effect to Principles:
iv) Territory:
... Defining internal maritime boundaries: The maritime territories of Bougainville within PNG shall be agreed through consultations carried out by a consultative group, comprised of officers of the Government of PNG and of the Bougainville Administration, and those agreed boundaries shall then be defined by Organic Law and by a schedule to the Bougainville Constitution. If the consultative group cannot reach agreement the matter shall be referred to the mediation panel with jurisdiction to deal with disputes about implementation of the agreed arrangements (below), and that panel shall be guided by the principle that neither PNG nor Bougainville should have jurisdiction beyond that available on the basis of the equip-distant principle.

Page 2, Proposals to give effect to Principles:
iv) Territory:
... Defining international maritime boundaries: The Government of Bougainville shall be a party to any negotiations that the Government of PNG may have with any state or any regional or international organisation concerning, or that may impinge upon, the maritime territories of Bougainville or, prior to those territories being defined, any area that may reasonably be expected to be included in those territories.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, Proposals to give effect to Principles:
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, Proposals to give effect to Principles:
i) Establishing self-government:
Adopting a Bougainville Constitution- structures a matter for Bougainville Constitution to be adopted by the Constituent Assembly after consultation.
Status of the Bougainville Constitution
To prevent change by PNG statutes high status in PNG hierarchy of laws shall be given to the Constitution

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 1, A. Autonomy, Principles
1. The highest level of self-government short of independence shall be established in Bougainville immediately
2. Under the highest level of self-government the Bougainville government shall have exclusive responsibility for the full range of powers and functions of government other than agreed essential powers an functions that may be reserved primarily to the Government of PNG.
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: Rights related issues→Citizenship→Citizens, specific rights
Page 3, Proposals to give effect to Principles:
x) Guarantees for Bougainville:
Bougainvilleas shall have the same rights and access as PNG citizens.
Democracy: Page 1, PROPOSALS TO GIVE EFFECT TO PRINCIPLES
ii) Government arrangements for Bougainville:
... Democracy, transparency and accountability in the Bougainville government: essential principles of Bougainville Government.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: Page 3, Proposals to give effect to Principles:
viii) Human Rights:
Bougainville able to have its own regime wholly or in part.
Bougainville to have its own enforcement provisions.

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: Page 3:
Overseas aid - Bougainville able to deal directly with donors.
Business: No specific mention.
Taxation: No specific mention.
Banks: Socio-economic reconstruction→Banks→International finance
Page 4:
Bougainville able to raise loans, issue securities, etc.

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: Page 1, Proposals to give effect to Principles:
iv) Division of legislative powers:
Legislative powers of Bougainville (primarily Bougainville legislative subjects): The laws of Bougainville shall prevail over the laws of PNG in relation to all legislative subjects (including the economy, land, natural resources, environment, culture, policing and courts) but not over PNG laws on subjects reserved primarily for the Parliament of PNG (below).
Armed forces: Page 2, Proposals to give effect to Principles:
iv) Division of legislative powers:
Defence, (but with provisos as to deployment of PNGDF and the establishment of a Bougainville Reserve Military Force);
DDR: Security sector→DDR→Demilitarisation provisions
Page 3, C. Referendum, Proposals to give effect to Principles
Trigger - The Government of Bougainville shall consider the following matters in determining a date for the referendum:
... Progress on Arms disposal.
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: Originally accessed from Conciliation Resources Accord (http://www.c-r.org/accord/papua-new-guinea%E2%80%93bougainville – no longer available from original source).

JOINY BOUGAINVILLE NEGOTIATING POSITION

(14 December 1999)

For negotiations with the Government of Papua New Guinea

A. AUTONOMY

PRINCIPLES

1. The highest level of self-government short of independence shall be established in Bougainville immediately.

2. Under the highest level of self-government the Bougainville government shall have exclusive responsibility for the full range of powers and functionsof government other than agreed essential powers and functions that may be reserved primarily to the Government of PNG.

PROPOSALS TO GIVE EFFECT TO PRINCIPLES

i) Establishing self-government:

Adopting a Bougainville Constitution - strucures a matter for Bougainville Constitution to be adopted by Constituent Assembly after consultation.

State of the Bougainville Constitution

To prevent change by PNG statutes high status in PNG hierarchy of laws shall be given to the Constitution.

Trasfer of functions, personnel funds and assets

Mechanisms to be agreed with Government.

ii) Government arrangements for Bougainville:

Internal government structures and arrangements for Bougainville to be developed in Bougainville constitution.

Democracy, transparency and accountability in the Bougainville government:

essential principles of Bougainville Government.

iii) Jurisdiction of institutions of the Government of PNG in Bougainville will continues until Bougainville makes its own provisions.

iv) Division of legislatuve powers:

Legislative powes of Bougainville (primarily Bougainville legislative subjects): The laws of Bougainville shall revail over the laws of PNG in relation to all legislative subjeccts (including teh economy, land, natural resources, culture, policing and courts) but not over PNG laws on subject reserved primarily for the Parliament of PNG (below).

Continuing operations of PNG laws:

the Laws of PNG on a primarily Bougainville subject will continue to operate in Bougainville until the Bougainville legislature chooses to pass legislation of the subject.

Legislative powers of PNG (primarily PNG subjects ): the Laws of PNG will prevail over the laws of Bougainville only in relation to the following subjects that will be reserved primarily to the Parliament of PNG:

Defence, (but with provisos as to deployment of PNGDF and the establishment of a Bougainville Reserve Military Force);

Foreign relations, subject to Bougainville having control over certain matters, for example:

customes and immigration matters for Bougainville;

trade and other mission in countries (including attching officers to PNG missions);

member of regional organisations;

entering teams as a soverieng nation in international sports organisations and events;

entering into treaties.

Transfer of Powers functions, personnel and funds an assets;

Mechanism shall be agreed for the transfer of functions, personnel, funds and assets between teh Government of PNG (inclusive of statutory bodies and 'privatised' bodies carrying out functions formerly carried out by government or statutory bodies) to the Government of Bougainville.

v) Foreign relations and treaties:

Foreign relations:

The Government of Bougainville will have authoirity to enter into foreign relations as specified under the heading of 'legislative powers' (above).

Treaties:

The Government of Bougainville will have power to enter into treaties and the Governemnt of PNG will take action necessary to facilitate international recognition of the ability of the government of Bougainville to enter into treaties.

vi) Territoy:

Maritime territories:

The Governemnt of Bougainville shall have all title, powers and jurisdiction over the maritime territories associated with Bougainville's land territory equivalent to that which the Governemnt of PNG has under international law.

Land territory:

the land territory of Bougainville shall be, at least, that defined under the Organic Law on Provincial Boundaries.

Defining internal maritime boundaries:

The maritime territories of Bougainville within PNG shall be agreed through consultations carried out by a consultative group, comprised of officers of the Government of PNG and of the Bougainville Administration, and those agreed boundaries shall then be dinged by Organic Law and by a schedule to the Bougainville Constitution.

If the consultative group cannot reach agreement the matter shall be referred to the mediation panel with jurisdiction to deal with disputes about implementation of the agreed arrangements (below), and that panel shall be guided by the principle that neither PNG nor Bougainville should have jurisdition beyong that available on the basis of the equi-distance principle.

Definign international maritime boundaries:

The government of Bougainville shall be a party to any negotiations that the Government of PNG may have any state ofr regional or international organisation concerning, or that may impinge upon, the maritime territories of Bougainville or, prior to those territories being defined, any area that may reasonably be expected to be included in those territories.

vii) Funding arrangements:

Depending upon the autonomy arrangements, the details to be negotiated after the autonomy arrangement are agreed, but to include:

Grants - unconditional grants as main source of revenue when economic base is weak;

Grants regude as internal revenue increases.

Interal revenue - all sources to Bougainville - remit agreed share to PNG.

Overseas aid - Bougainville able to deal directly with donors.

Loans - Bougainville able to raise loans, issue securities, etc.

viii) Human rights:

Bougainville able to have its own regime wholly or in part

Bougainville to have own enforcement provisions

ix) Coordination of PNG functions in Bougainville:

Representative of PNG shall represent interests of PNG on Bougainville.

x) Guarantees for Bougainville:

Bougainvilleans shall have the same rights and access as PNG citizens.

xi) Disputes:

There shall be an agreed mechanism for resolving disputes.

xii) Review of arrangements:

There shall be a periodic review of these arrangements.

B. IMPLEMENTING AND GUARANTEEING THE AGREED PACKAGE

PRINCIPLES

The PNG government shall take all necessary steps to implement agreed arrangements and shall guarantee implementation by Constitutional amendments in an agreed form.

PROPOSALS TO GIVE EFFECT TO PRINCIPLES

A treaty shall be entered between PNG and the Bougainville representatives.

VARIATIONS OF ARRANGEMENTS

There arrangements shall not be varied without the agreedment of the Government of Bougainville.

C. REFERENDUM

PRINCIPLES

A referendum on independence shall be held among Bougainvilleans.

PROPOSALS TO GIVE EFFECT TO PRINCIPLES

Timing of holding the referendum - the referendum shall be held on a date to be determined by the autonomous Governent of Bougainville after the consultation with the Governemnt of Papua New Guinea.

Trigger - the Government of Bougainville shall consider the following matters in determining a date for the referendum:

Capacity of the Bougainville Administration,

Progress toward reconciliation,

The Political and Economic situation,

Progress in teh operation of autonomy arrangements,

Progress on Arms disposal.

Rejection of holding referendum (including method) - The Bougainville Legislature may determine not to hold a referendum - to be confirmed by the people of Bougainville by referendum.

Manner of the conduct of a referendum.

Consequences of definitive 'yes' vote and of definitive 'no' vote.

'Binding' effect of referendum (the mechanism).

Guarantee of agreed referendum arrangements.

Referendum on a referendum (holding a referendum on the issue of whether or not a referendum should be held).

Agreed and adopted this 13th day of December 1999.

Signed by:

Joseph C. Kabui;

Hon. John Momis, MP;

James Tanis;

Thomas Anis;

Hon. sam Akoital, MP;

Hon. Michael Laimo, MP;

Hon. Michael Ogio, MP;

Mr. Joel Banam;

Mr. Carolus Ketsimur;

Mr. Joseph Bana;

Mr. Gordon Bure;

Mrs. Ezliabeth Burain;

Mrs. Theresa Jaintong;

Mrs. Lucy Morris;

Mrs. Martha Toarats;

Mrs. Dorcas Awasa;

Mrs. Genevieve Pisi;

Mr. Ben Kamda;

Mr. Steven Topesi;

Mr. Thomas Tari;