Memorandum of Understanding

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Memorandum of Understanding
Date: 4 Jun 1996
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: JULIUS CHAN, PRIME MINISTER;
THEODORE MIRIUNG, PREMIER;
Third parties: WITNESSED BY:
W NOEL LEVI, SECRETARY;
JAMES TOGEL, MEMBER, BTG;
Description: Agreed transitional arrangements for Bougainville Transitional Govt, future talks on autonomy, establishing local level govt, and funding arrangements for BTG.

Agreement document: PG_960604_Memorandum of 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): 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, 1. Transitional arrangements for BTG
It was requested by Premier Theodore Miriung that the current term of the Bougainville transitional government by extended beyond the 1997 national elections.
The Prime Minister appreciates the specific commitments relating to Bougainville and commits the national government to do its best endeavour to pass amendments to the organic law on provincial governments and local level governments to effect the above.
It was further agreed that the process by initiated as soon as possible and concluded by the sixteenth 16th day of June, 1996. The officials of the national government and the BTG have been mandated t immediately work on the details.

Page 1, 3. Local level government
Both parties agreed that a system of local level government be established as soon as possible to facilitate the process of normalisation on Bougainville.
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: 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: 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: 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: Page 1, Untitled Preamble
... - determined to maintain the process of peace, reconciliation and reconstruction on Bougainville, including the impetus created to date,

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).
Currently available from UN Peacemaker: https://peacemaker.un.org/png-mou96

Memorandum of Understanding

Mirigini State House, 4 June 1996

The Prime Minister and the leader of the national government delegation, the Rt.

Hon Sir Julius Chan Gcmg, Kbe, Mp and the premier and leader of the Bougainville transitional government delegation, Mr. Theodore Miriung having met at the Mirigini House, Port Moresby on the fourth (4th) June, 1996 and:

in further pursuit of the Miriung charter and its implementation as determined in the Waigani communique which they signed on 18 may 1995, determined to maintain the process of peace, reconciliation and reconstruction on Bougainville, including the impetus created to date, having held extensive discussions, reached the following understanding:

1. Transitional arrangements for BTG

It was requested by Premier Theodore Miriung that the current term of the Bougainville transitional government by extended beyond the 1997 national elections.

The Prime Minister appreciates the specific commitments relating to Bougainville and commits the national government to do its best endeavour to pass amendments to the organic law on provincial governments and local level governments to effect the above.

It was further agreed that the process by initiated as soon as possible and concluded by the sixteenth 16th day of June, 1996.

The officials of the national government and the BTG have been mandated t immediately work on the details.

2. Autonomy

3. Local level government

Whilst acknowledging the complexities of any discussion on the granting of some degree of autonomy for Bougainville both parties agreed to deliberate further on the level and scope of autonomy for Bougainville.

The details are to be worked out by officials from both sides later on.

Both parties agreed that a system of local level government be established as soon as possible to facilitate the process of normalisation on Bougainville.

4. Funding

Signed at Mirigini State House on the fourth day of June, 1996

Whilst acknowledging past difficulties on drawing down funds allocated for Bougainville and the BTG, both parties agreed to work within the current arrangement to facilitate a prompt release of funds earmarked for Bougainville.

JULIUS CHAN

PRIME MINISTER

WITNESSED BY:

W NOEL LEVI

SECRETARY

THEODORE MIRIUNG

PREMIER

WITNESSED BY

JAMES TOGEL

MEMBER, BTG