Lincoln Agreement on Peace, Security and Development on Bougainville

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Lincoln Agreement on Peace, Security and Development on Bougainville
Date: 23 Jan 1998
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: (Signed):
Sir John KAPUTIN, Chief Negotiator, Papua New Guinea Government;
Joseph KABUI, Vice President, Bougainville Interim Government;
Sam AKOITAI, Minister for Bougainville Affairs, Papua New Guinea Government;
General Sam KAUONA, Commander, Bougainville Revolutionary Army;
Gerard SINATO, Premier, Bougainville Transitional Government;
John MOMIS, Member for Bougainville Region, Papua New Guinea Government;
Michael LAIMO, Member for South Bougainville, Papua New Guinea Government;
Michael OGIO, Member for North Bougainville, Papua New Guinea Government;
Hilary MASIRIA, Resistance Commander;
Third parties: WITNESSED BY:
Bartholomew ULUFA'ALU, Prime Minister, Solomon Islands;
Description: An agreement to a ‘permanent and irrevocable ceasefire, and a framework for normalisation. Provided for a peace monitoring group, a transition to civilian policing, promotion of reconciliation, removal of bounties and free movement, amnesty to persons involved in ‘crisis-related activities on all sides’, and cooperation for restoration and development. Provided for further Annexes to be add further detail.

Agreement document: PG_980123_LincolnAgreement.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)→General references
Page 6, Article 8: RECONCILIATION
... 8.2 The parties agree to free and democratic elections on Bougainville to elect a Bougainville Reconciliation Government before the end of 1998.
Elections: Page 6, Article 8: RECONCILIATION
... 8.2 The parties agree to free and democratic elections on Bougainville to elect a Bougainville Reconciliation Government before the end of 1998.
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: 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: Human rights and equality→Civil and political rights→Freedom of movement
Page 6, Article 9: REMOVAL OF BOUNTIES AND FREE MOVEMENT
The Papua New Guinea National Government:
(a) Has confirmed the removal of bounties; and
(b) Will facilitate the free and unhindered movement of Papua New Guineans into, within and out of Papua New Guinea in accordance with the law.
Socio-economic rights: 11. Restoration and Development: parties agree to cooperate on restoration and development, and acting without delay to facilitate communications and access to villages, and provide essential services such as health and education

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media logistics
Page 7, Article 11: RESTORATION AND DEVELOPMENT
... 11.5 The parties agree to cooperate in restoring normalcy, including the return of Bougainvilleans in care centres to their villages and resuming development in Bougainville by acting without delay:
(a) To facilitate communication with and access to villages on Bougainville;
Mobility/access: Page 6, Article 9: REMOVAL OF BOUNTIES AND FREE MOVEMENT
The Papua New Guinea National Government:
... (b) Will facilitate the free and unhindered movement of Papua New Guineans into, within and out of Papua New Guinea in accordance with the law.
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: Page 6, Article 7: TRANSITION TO CIVILIAN PEACETIME POLICING
The parties will cooperate in:
(a) Re-establishing the village court system in Bougainville;
Prisons and detention: No specific mention.
Traditional Laws: Page 6, Article 7: TRANSITION TO CIVILIAN PEACETIME POLICING
The parties will cooperate in:
(a) Re-establishing the village court system in Bougainville;

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 6, Article 11: RESTORATION AND DEVELOPMENT
11.1 The parties will cooperate in restoration and development in Bougainville in both the public and private sectors, with particular emphasis on rural areas.
11.2 The Papua New Guinea National Government will seek appropriate forms of assistance from international organizations, foreign Governments and organizations for restoration and development in Bougainville.
11.3 Assistance for restoration and development in Bougainville will, to the maximum practical extent, be sought and administered so as to promote Bougainvillean participation.

Page 7, Article 11: RESTORATION AND DEVELOPMENT
11.4 The Papua New Guinea National Government will prepare an indicative programme in consultation with the parties to help secure funding and other resources to assist in restoration and development in Bougainville.
11.5 The parties agree to cooperate in restoring normalcy, including the return of Bougainvilleans in care centres to their villages and resuming development in Bougainville by acting without delay:
(a) To facilitate communication with and access to villages on Bougainville;
(b) To provide essential services, such as health and education.
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: Page 5, Article 5: PEACE MONITORING GROUP
... 5.2 The Papua New Guinea National Government will seek the endorsement of the United Nations Security Council for these arrangements, including the appointment of a special observer mission to monitor these arrangements.

Page 7, Article 16: ONGOING COOPERATION
In signing the present Agreement, the parties whose signatures appear below commit themselves to working together for peace, justice, security and development in Bougainville by:
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 4, Article 3: CEASEFIRE
3.1 A permanent and irrevocable ceasefire will take effect in Bougainville at 2400 hours on 30 April 1998.
3.2 The parties will cooperate to reduce fear in Bougainville and take urgent steps to cooperate in promoting public awareness of, and respect for, the ceasefire.
3.3 Immediately after the ceasefire takes effect, the parties will refrain from use of arras, ammunition, explosives and other instruments of death, injury or destruction in Bougainville.

Page 5, Article 4: WITHDRAWAL OF DEFENCE FORCE FROM BOUGAINVILLE
The parties agree to a phased withdrawal of the Papua New Guinea Defence Force from Bougainville subject to restoration of civil authority.
Police: Page 6, Article 7: TRANSITION TO CIVILIAN PEACETIME POLICING
The parties will cooperate in:
(a) Re-establishing the village court system in Bougainville; and
(b) Restoration of civilian peacetime policing, including arrangements that will facilitate the recruitment, training and deployment of Bougainvillean police.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 5, Article 3: CEASEFIRE
... 3.4 The parties will not manufacture, trade or distribute weapons or ammunition.
3.5 The parties will cooperate in accordance with the law in reporting and preventing the use, manufacture, importation, sale, trade or exchange of weapons and ammunition.
3.6 The parties will cooperate with the successor to the Truce Monitoring Group in recording, locating and arranging for the disposal of all arms, ammunition, explosives and other instruments of death, injury and destruction, including parts and ingredients of all the parties in Bougainville.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 6, Article 10. AMNESTY AND PARDON
The Papua New Guinea National Government will:
(a) Grant amnesty to persons involved in crisis-related activities on all sides;
(b) Following receipt of advice from the Advisory Committee on the Power of Mercy, recommend pardons for persons convicted of crisis-related offences.
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 6, Article 8: RECONCILIATION
8.1 The parties will cooperate in promoting reconciliation between Bougainvilleans and with other individuals, groups and organizations in Papua New Guinea.
8.2 The parties agree to free and democratic elections on Bougainville to elect a Bougainville Reconciliation Government before the end of 1998.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 5, Article 5: PEACE MONITORING GROUP
5.1 The Papua New Guinea National Government undertakes to conclude the arrangements required for deployment of the successor to the neutral regional Truce Monitoring Group by no later than 30 April 1998.
5.2 The Papua New Guinea National Government will seek the endorsement of the United Nations Security Council for these arrangements, including the appointment of a special observer mission to monitor these arrangements.

Page 5, Article 6: MANDATE OF THE PEACEKEEPING FORCE
The mandate of the success to the Truce Monitoring Group will be:
(a) To monitor and report on the compliance of the parties to all aspects of the ceasefire;
(b) To promote and instil confidence in the peace process through its presence, good offices and interaction with people in Bougainville;
{c) To provide people in Bougainville with information about the ceasefire and other aspects of the peace process;
(d) To provide such assistance in restoration and development consistent with this agreement as the parties may agree and available resources allow;
(e) To assist with the development and training and institution of a Bougainvillean constabulary;
and such other matters as may be agreed to by the parties that will assist with the democratic resolution of the situation.
Enforcement mechanism: Page 5, Article 5: PEACE MONITORING GROUP
5.1 The Papua New Guinea National Government undertakes to conclude the arrangements required for deployment of the successor to the neutral regional Truce Monitoring Group by no later than 30 April 1998.
5.2 The Papua New Guinea National Government will seek the endorsement of the United Nations Security Council for these arrangements, including the appointment of a special observer mission to monitor these arrangements.

Page 5, Article 6: MANDATE OF THE PEACEKEEPING FORCE
The mandate of the success to the Truce Monitoring Group will be:
(a) To monitor and report on the compliance of the parties to all aspects of the ceasefire;
(b) To promote and instil confidence in the peace process through its presence, good offices and interaction with people in Bougainville;
{c) To provide people in Bougainville with information about the ceasefire and other aspects of the peace process;
(d) To provide such assistance in restoration and development consistent with this agreement as the parties may agree and available resources allow;
(e) To assist with the development and training and institution of a Bougainvillean constabulary;
and such other matters as may be agreed to by the parties that will assist with the democratic resolution of the situation.
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).
Currently available from UN Peacemaker: https://peacemaker.un.org/png-lincolnagreement98

Lincoln Agreement on Peace, Security and Development on Bougainville

The Government of Papua New Guinea, the Bougainville Transitional Government, the Bougainville Resistance Force, the Bougainville Interim Government, the Bougainville Revolutionary Army and the Bougainville Leaders

(the "Parties"), having met in Lincoln University, Christchurch, New Zealand, from 19 to 23 January 1998,

Praying for the Almighty's forgiveness, guidance and blessing for their common endeavours,

Emphasizing their firm commitment to peace by building on the achievements in the Burnham Declaration, the Burnham Truce and the Cairns Commitment,

Acknowledging the suffering, pain and loss on all sides of the conflict that they have agreed to end forever,

Committing themselves to peace, reconciliation and working together for the common good,

Engaged in a process of consultation and cooperation, initiated by Bougainvillean leaders, which they will continue,

Hereby agree to the following:

1. PEACEFUL MEANS

The parties will cooperate to achieve and maintain peace by peaceful means.

They also pledge to renounce the use of armed forces and violence, and agree to resolve any differences by consultation, both now and in the future.

They also confirm their respect for human rights and the rule of law.

2. EXTENSION OF THE TRUCE

The parties agree to extend the period of the truce currently in force to 30 April 1998 to allow for consultation as regards the establishment of the ceasefire.

3. CEASEFIRE

3.1 A permanent and irrevocable ceasefire will take effect in Bougainville at 2400 hours on 30 April 1998.

3.2 The parties will cooperate to reduce fear in Bougainville and take urgent steps to cooperate in promoting public awareness of, and respect for, the ceasefire.

3.3 Immediately after the ceasefire takes effect, the parties will refrain from use of arras, ammunition, explosives and other instruments of death, injury or destruction in Bougainville.

3.4 The parties will not manufacture, trade or distribute weapons or ammunition.

3.5 The parties will cooperate in accordance with the law in reporting and preventing the use, manufacture, importation, sale, trade or exchange of weapons and ammunition.

3.6 The parties will cooperate with the successor to the Truce Monitoring Group in recording, locating and arranging for the disposal of all arms, ammunition, explosives and other instruments of death, injury and destruction, including parts and ingredients of all the parties in Bougainville.

4. WITHDRAWAL OF DEFENCE FORCE FROM BOUGAINVILLE

The parties agree to a phased withdrawal of the Papua New Guinea Defence Force from Bougainville subject to restoration of civil authority.

5. PEACE MONITORING GROUP

5.1 The Papua New Guinea National Government undertakes to conclude the arrangements required for deployment of the successor to the neutral regional Truce Monitoring Group by no later than 30 April 1998.

5.2 The Papua New Guinea National Government will seek the endorsement of the United Nations Security Council for these arrangements, including the appointment of a special observer mission to monitor these arrangements.

6. MANDATE OF THE PEACEKEEPING FORCE

The mandate of the success to the Truce Monitoring Group will be:

(a) To monitor and report on the compliance of the parties to all aspects of the ceasefire;

(b) To promote and instil confidence in the peace process through its presence, good offices and interaction with people in Bougainville;

{c) To provide people in Bougainville with information about the ceasefire and other aspects of the peace process;

(d) To provide such assistance in restoration and development consistent with this agreement as the parties may agree and available resources allow;

(e) To assist with the development and training and institution of a Bougainvillean constabulary;

and such other matters as may be agreed to by the parties that will assist with the democratic resolution of the situation.

7. TRANSITION TO CIVILIAN PEACETIME POLICING The parties will cooperate in:

(a) Re-establishing the village court system in Bougainville;

and

(b) Restoration of civilian peacetime policing, including arrangements that will facilitate the recruitment, training and deployment of Bougainvillean police.

8. RECONCILIATION

8.1 The parties will cooperate in promoting reconciliation between Bougainvilleans and with other individuals, groups and organizations in Papua New Guinea.

8.2 The parties agree to free and democratic elections on Bougainville to elect a Bougainville Reconciliation Government before the end of 1998.

9. REMOVAL OF BOUNTIES AND FREE MOVEMENT The Papua New Guinea National Government:

(a) Has confirmed the removal of bounties;

and

(b) Will facilitate the free and unhindered movement of Papua New Guineans into, within and out of Papua New Guinea in accordance with the law.

10. AMNESTY AND PARDON

The Papua New Guinea National Government will:

(a) Grant amnesty to persons involved in crisis-related activities on all sides;

(b) Following receipt of advice from the Advisory Committee on the Power of Mercy, recommend pardons for persons convicted of crisis-related offences.

11. RESTORATION AND DEVELOPMENT

11.1 The parties will cooperate in restoration and development in Bougainville in both the public and private sectors, with particular emphasis on rural areas.

11.2 The Papua New Guinea National Government will seek appropriate forms of assistance from international organizations, foreign Governments and organizations for restoration and development in Bougainville.

11.3 Assistance for restoration and development in Bougainville will, to the maximum practical extent, be sought and administered so as to promote Bougainvillean participation.

11.4 The Papua New Guinea National Government will prepare an indicative programme in consultation with the parties to help secure funding and other resources to assist in restoration and development in Bougainville.

11.5 The parties agree to cooperate in restoring normalcy, including the return of Bougainvilleans in care centres to their villages and resuming development in Bougainville by acting without delay:

(a) To facilitate communication with and access to villages on Bougainville;

(b) To provide essential services, such as health and education.

12.

CONSULTATION AND LIAISON

The parties agree to promote consultation, cooperation and liaison at the political level among Bougainvilleans and with the Papua New Guinea National Government.

13. POLITICAL ISSUE

13.1 The parties agree to meet again in political issue before the end of June 1998.

13.2 Officials will meet as required to 14.

PUBLIC AWARENESS

The parties will cooperate in promoting for, the present Agreement.

15. ANNEXES TO THE AGREEMENT AND SUBSIDIARY

Bougainville to address the prepare for such meetings.

public awareness of, and respect ARRANGEMENTS

Detailed arrangements for implementation and development of the present Agreement may, by agreement, be embodied in annexes or subsidiary arrangements to the present Agreement.

16. ONGOING COOPERATION

In signing the present Agreement, the parties whose signatures appear below commit themselves to working together for peace, justice, security and development in Bougainville by:

(a) Cooperating with each other;

and

(b) Promoting a bipartisan approach in the National Parliament and in the community as a whole.