Matakana and Okataina Understanding

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Matakana and Okataina Understanding
Date: 22 Apr 1999
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: Signed:
Honourable Sir John R Kaputin, KBE, CMG, MP, Special State Negotiator, Papua New Guinea Government;
Honourable Sam Akoitai, MP, Minister for State, Papua New Guinea Government;
Honourable John L Momis, MP, Member for Bougainville Regional;
Honourable Michael Ogio, MP, Member for North Bougainville, Deputy Speaker, Papua New Guinea National Parliament;
Honourable Michael Laimo, MP, Member for Bougainville South;
Joseph Kabui, Co-Chairman, Bougainville Constituent Assembly;
Gerard Sinato, Co-Chairman, Bougainville Constituent Assembly;
Joel Banam, Chairman, Leitana Council of Elders;
Hilary Masiria, Chairman, Bougainville Resistance Forces;
Third parties: Witnessed by:
Sir Paul Reeves, GCMG, GCVO, CF, QSO;
Description: Understanding among Bougainville parties for government. Paved way for formation of interim advisory body.

Agreement document: PG_990422_Matakana and Okataina 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 1, Preparing future arrangements for government on Bougainville
2. Bearing in mind the need to look beyond the immediate situation, the parties agree that the Special State Negotiator will prepare a package of proposals on the powers, functions, structure and status of Bougainville's government, geared to Bougainville's needs.
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): No specific mention.
Elections: Page 2, Leadership Issues
9. While participants in the peace process are entitled to select their leaders in their own ways, we recognise that there must be proper elections when the agreed package for Bougainville comes into effect, and request the Electoral Commission to begin preliminary work for such elections.
10. The parties will co-operate in explaining and publicising their agreement regarding elections to the people.
Electoral commission: Page 2, Leadership Issues
9. While participants in the peace process are entitled to select their leaders in their own ways, we recognise that there must be proper elections when the agreed package for Bougainville comes into effect, and request the Electoral Commission to begin preliminary work for such elections.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 4,
Signed:
... Joel Banam, Chairman, Leitana Council of Elders;
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 3, National Political Support
14. The National Government will prepare proposals for legislation to establish an authority containing representatives of all major groups to plan and manage major reconstruction activities in meaningful consultation with the four Bougainvillean National Parliamentarians.
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: 14. The National Govt will prepare proposals for leg to establish an authority containing representatives of all major groups to plan and manage major reconstruction activities in meaningful consultation with the four Bougainvillean National Parliamentarians.

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: Page 3, Implementation of existing Agreements
16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority
Ceasefire: No specific mention.
Police: Page 3, Implementation of existing Agreements
16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority
Armed forces: Page 3, Implementation of existing Agreements
16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, Weapons disposal
12. Weapons disposal should begin immediately.
− The Peace Process Consultative Committee (PPCC) should convene immediately and discuss detailed plans for weapons disposal.
− New Zealand will be asked to assist and facilitate the weapons disposal process.
− The current United Nations observer mission will be asked to be present and observe the process.
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: 12. The current UN observer mission will be asked to be present and observe the process.
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 3, Implementation of existing Agreements
16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority
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/pnd-matakana-okataina99

Appendix K:

Matakana and Okataina Understanding

The Government of Papua New Guinea, the Bougainville Constituent Assembly, the Bougainville Resistance Forces, the Leitana Council of Elders, the four Bougainville Members of the National Parliament and other Bougainvillean Leaders (the "parties"), having met in New Zealand, have agreed as follows:

1. All of the parties remain committed to securing lasting peace by peaceful means through implementation of both the letter and the spirit of the Lincoln Agreement.

We pledge ourselves to maintain the permanent and irrevocable ceasefire as we work our way towards a negotiated political settlement of Bougainville's longterm political future.

Preparing future arrangements for government on Bougainville

Bearing in mind the need to look beyond the immediate situation, the parties agree that the Special State Negotiator will prepare a package of proposals on the powers, functions, structure and status of Bougainville's government, geared to Bougainville's needs.

− All individuals and groups in Bougainville will be given the opportunity to make written submissions to the Special State Negotiator.

− We request that the technical officers of the Bougainvillean parties meet as soon as possible to prepare for discussions on future arrangements for government on Bougainville, including discussions on other related matters raised in this document.

We agree that political Leaders will meet to discuss the package as soon as possible, and no later than 30 June 1999.

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− We all agree to use the package as a basis for our discussions.

− All parties agree that Bougainville needs united political leadership.

We commit ourselves to work to make such leadership possible.

Leadership issue

The parties note the commitment made by the National Government that, if Bougainvillean leaders reach agreement, then it is willing to consider lifting the suspension on the Bougainville Provincial Government in accordance with law.

The Minister for State will work jointly with other Bougainvillean Members of the National Parliament (MPs) in exercising his executive powers and functions in Bougainville;

the MPs should consult immediately about how they will work together and try to resolve any differences.

The parties note that the Basic Agreement makes clear that the National Government will only act on advice that is broadly representative of the people of Bougainville. (

The Bougainvillean parties will have to arrive at inclusive arrangements which allow the heads of local-level institutions to be fairly represented and participate).

The selection processes currently underway can go ahead.

The Bougainvillean parties will consult with a view to organising themselves to participate in achieving a progressive political settlement.

While participants in the peace process are entitled to select their leaders in their own ways, we recognise that there must be proper elections when the agreed package for Bougainville comes into effect, and request the Electoral Commission to begin preliminary work for such elections.

The parties will co-operate in explaining and publicising their agreement regarding elections to the people.

All of the parties agree to refrain from making divisive statements while the package is under negotiation.

Weapons disposal

12. Weapons disposal should begin immediately.

− The Peace Process Consultative Committee (PPCC) should convene immediately and discuss detailed plans for weapons disposal.

− New Zealand will be asked to assist and facilitate the weapons disposal process.

− The current United Nations observer mission will be asked to be present and observe the process.

APPENDIX K - MATAKANA & OKATAINA UNDERSTANDING 235

National political support

13. Recognising that only the National Government can provide the lawful basis for any future governmental arrangements, we request all Members of Parliament to listen to the views of the people of Bougainville and to co- operate on a bipartisan basis and the National Government mutually agrees to consult meaningfully with the four Bougainvillean National Parliamentarians.

Representative body to plan and manage reconstruction

14. The National Government will prepare proposals for legislation to establish an authority containing representatives of all major groups to plan and manage major reconstruction activities in meaningful consultation with the four Bougainvillean National Parliamentarians.

Appreciation of New Zealand, and future meetings

15. We are grateful for the support that our New Zealand hosts and other governments in the region give us in working for peace, but recognise that the responsibility for consolidating and building on what we have achieved is ours;

from now on we must make sure that we meet as required and, for purposes of transparency and accountability, that we do so in Bougainville or some other part of Papua New Guinea.

Implementation of existing Agreements

16. As part of our shared commitment to the mutual confidence-building on which the peace process is based, the parties reaffirm the agreement made in the Lincoln and Ceasefire Agreements for the PPCC to develop detailed plans for phased withdrawal of the Papua New Guinea Defence Force and the Royal Papua New Guinea Constabulary Mobile Riot Squad from Bougainville subject to restoration of civil authority

Done at Lake Okataina, New Zealand, this 22nd day of April 1999.

Signed:

Honourable Sir John R Kaputin, KBE, CMG, MP Special State Negotiator

Papua New Guinea Government

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Honourable Sam Akoitai, MP Minister for State

Papua New Guinea Government

Honourable John L Momis, MP Member for Bougainville Regional

Honourable Michael Ogio, MP

Member for North Bougainville

Deputy Speaker

Papua New Guinea National Parliament

Honourable Michael Laimo, MP Member for Bougainville South

WITNESSED BY:

Sir Paul Reeves, GCMG, GCVO, CF, QSO

Joseph Kabui

Co-Chairman

Bougainville Constituent Assembly

Gerard Sinato

Co-Chairman

Bougainville Constituent Assembly

Joel Banam

Chairman

Leitana Council of Elders

Hilary Masiria

Chairman

Bougainville Resistance Forces