Loloata Understanding

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Loloata Understanding
Date: 23 Mar 2000
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: Rt. Hon. Sir Michael Somare, Minister for Bougainville Affairs and Chairman of the National Committee on Bougainville;
Joel Banam, Chairman, Leitana Council of Elders;
Hon. Jon Momis, Co-Leader of the Bougainville Delegation;
Joseph C. Kabui, Co-Leader of the Bougainville Delegation;
Third parties: Signed in the presence of:
Ambassador Noel Sinclair, Director of the United Nations Observer Mission on Bougainville;
Ewan MacMillan, Chief Negotiator, Peace Monitoring Group;
Description: Culminated the third round of political negotiations between PNG delegation and Bougainville leaders. Committed to establishing an autonomous Bougainville province within the Constitution of Papua New Guinea. Leaves open question of independence and commits parties to discussing matter.

Agreement document: PG_000323_Loloata Understanding.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 2, Autonomy
5. The arrangements for an autonomous Bougainville Government will be provided within the Papua New Guinea Constitution, including any amendments, and will include provision for the following matters:
a. Bougainville will establish an elected autonomous government developed through a democratic process.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 2, Referendum
6. The National Government acknowledges the aspirations for a binding referendum on independence as called for by the Bougainvillean leaders. The parties reaffirm their support for a progressive political settlement that takes account of, among other things, the wishes of the people of Bougainville. The parties will address the referendum issue. The parties agree that the holding of the referendum may be deferred until after autonomy has been implemented and can be fairly and properly judged.
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, Interim Arrangements
1. The Bougainville Interim Provincial Government will be established under the Transitional Provisions of the Organic Law on Provincial Governments and Local-level Governments in accordance with the decision of the National Court of 10th March 2000.
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, Interim Arrangements
2. The parties note that arrangements for cooperation between the Bougainville Interim Provincial Government and the Bougainville People’s Congress and Councils of Elders have been agreed under the Greenhouse Memorandum of 23rd December 1999.
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
Page 1-2, Autonomy
4. The arrangement for an autonomous Bougainville Government will:
• Enable it to deal with the sources of the Bougainville conflict and prevent it from occurring again;
• Enable Bougainville to express and develop both its own identity and its relationship with the rest of Papua New Guinea.

Page 2, Autonomy
5. The arrangements for an autonomous Bougainville Government will be provided within the Papua New Guinea Constitution, including any amendments, and will include provision for the following matters:
a. Bougainville will establish an elected autonomous government developed through a democratic process.
b. The autonomous Bougainville Government will meet accepted standards of good governance.
c. Bougainville will have responsibility for major powers and functions of government to be agreed upon.
d. Bougainville will take some years to exercise many legislative powers and functions. Until Bougainville assumes responsibility for the full range of its powers and functions, National Government legislation and institutions will continue to apply.
e. Bougainville will need the fiscal and personnel resources required to carry out is functions.
f. Bougainville will receive substantial funds for reconstruction, restoration and development activities to support the peace process.
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: 4.f) Bougainville will receive substantial funds for reconstruction, restoration and development activities to support the peace process.

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: 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: No specific mention.

Implementation

UN signatory: Signed in the presence of:
Ambassador Noel Sinclair, Director of the United Nations Observer Mission on Bougainville;
Other international signatory: Signed in the presence of:
Ewan MacMillan, Chief Negotiator, Peace Monitoring Group;
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, Next Steps and Timetable
8. The parties acknowledge the helpful role that the United Nations Observer Mission on Bougainville can play at their meetings.
Enforcement mechanism: 10. agree date for next leaders' meeting no later than May 2000.

Page 3, Next Steps and Timetable
10. The next Leaders’ meeting will be held no later than May 2000.
Related cases: Page 1, Untitled Preamble
Bougainville leaders and the National Committee on Bougainville met at Loloata Island and in Port Moresby from 17th to 23rd March 2000.
• The parties remain committed to the peace process and to continued consultation and cooperation within the framework and spirit of the Lincoln Agreement;
... • The parties discussed the Bougainville paper, ‘Bougainville Common Negotiating Position: Expanded Details’ dated 8th March 2000, the Papua New Guinea Government paper, ‘The National Delegation’s Position on the Bougainville Delegation’s Autonomy Proposals’ dated 19th March 2000, and other papers, and agree that these documents provide the basis for future negotiations between the parties.
Source: Accord
UN Peacemaker

LOLOATA UNDERSTANDING

Bougainville leaders and the National Committee on Bougainville met at Loloata Island and in Port Moresby from 17th to 23rd March 2000.

The parties remain committed to the peace process and to continued consultation

and cooperation within the framework and spirit of the Lincoln Agreement;

The parties acknowledge that for the peace process to continue to develop successfully, it must be as inclusive as possible, having the support and approval of the widest possible range of leaders in Bougainville and in Papua New Guinea more generally;

The parties discussed the Bougainville paper, ‘Bougainville Common Negotiating Position:

Expanded Details’ dated 8th March 2000, the Papua New Guinea Government paper, ‘The National Delegation’s Position on the Bougainville Delegation’s Autonomy Proposals’ dated 19th March 2000, and other papers, and agree that these documents provide the basis for future negotiations between the parties.

The Parties agree on the following matters:

Interim Arrangements

The Bougainville Interim Provincial Government will be established under the Transitional Provisions of the Organic Law on Provincial Governments and Local-level Governments in accordance with the decision of the National Court of 10th March 2000.

The parties note that arrangements for cooperation between the Bougainville Interim Provincial Government and the Bougainville People’s Congress and Councils of Elders have been agreed under the Greenhouse Memorandum of

23rd December 1999.

3. Negotiations on a political settlement will continue with the Bougainville Leaders.

Autonomy

4. The arrangement for an autonomous Bougainville Government will:

• Enable it to deal with the sources of the Bougainville conflict and prevent it from occurring again;

• Enable Bougainville to express and develop both its own identity and its relationship with the rest of Papua New Guinea.

5. The arrangements for an autonomous Bougainville Government will be provided within the Papua New Guinea Constitution, including any amendments, and will include provision for the following matters:

Bougainville will establish an elected autonomous government developed through a democratic process.

The autonomous Bougainville Government will meet accepted standards of good governance.

Bougainville will have responsibility for major powers and functions of government to be agreed upon.

Bougainville will take some years to exercise many legislative powers and functions.

Until Bougainville assumes responsibility for the full range of its powers and functions, National Government legislation and institutions will continue to apply.

Bougainville will need the fiscal and personnel resources required to carry out is functions.

Bougainville will receive substantial funds for reconstruction, restoration and development activities to support the peace process.

Referendum

6. The National Government acknowledges the aspirations for a binding referendum on independence as called for by the Bougainvillean leaders.

The parties reaffirm their support for a progressive political settlement that takes account of, among other things, the wishes of the people of Bougainville.

The parties will address the referendum issue.

The parties agree that the holding of the referendum may be deferred until after autonomy has been implemented and can be fairly and properly judged.

Next Steps and Timetable

Officials of the parties will meet to develop:

detailed proposals within the framework provided by this agreement;

and

a draft agenda for the next Leaders’ meeting.

The parties acknowledge the helpful role that the United Nations Observer Mission on Bougainville can play at their meetings.

The parties agree that there should be increased direct contact between National Government Leaders and Bougainville Leaders.

The next Leaders’ meeting will be held no later than May 2000.

Signed in Port Moresby on Thursday the 23rd day of March 2000.

[Signatures]