The Burnham Declaration by Bougainville Leaders on the Re-Establishment of a Process for Lasting Peace and Justice on Bougainville

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: The Burnham Declaration by Bougainville Leaders on the Re-Establishment of a Process for Lasting Peace and Justice on Bougainville
Date: 18 Jul 1997
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: Joseph Kabui, Leader of BIG/BRA;
Gerard Sinato, Leader of BTG Delegation;
Martin Miriori;
Sam Kauona;
John Momis MP;
Sam Akoitai;
Third parties: -
Description: Agreement to set up a process for negotiations between Bougainville leaders and PNG National Govt, including an agreed process for the declaration of a ceasefire and ending the war

Agreement document: PG_970718_Burnham Declaration.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, 8. Political Process
We undertake to ensure that the people of Bougainville, as a people, freely and democratically exercise their right to determine their political future.
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: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, 7. Lifting of Blockade and Removal of Restrictions
We agree that there is a need for access throughout Bougainville to relevant donor organisations and other humanitarian agencies, including ICRC and UNICEF, for the implementation of health and education programs, and for the restoration of basic needs. We further undertake to pursue discussions with the Papua New Guinea Government to this end.
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: Page 2, 8. Political Process
We undertake to ensure that the people of Bougainville, as a people, freely and democratically exercise their right to determine their political future.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, 7. Lifting of Blockade and Removal of Restrictions
We agree that there is a need for access throughout Bougainville to relevant donor organisations and other humanitarian agencies, including ICRC and UNICEF, for the implementation of health and education programs, and for the restoration of basic needs. We further undertake to pursue discussions with the Papua New Guinea Government to this end.
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: Page 2:
7. Lifting of Blockade and Removal of Restrictions
We agree that there is a need for access throughout Bougainville to relevant donor organisations and other humanitarian agencies, including ICRC and UNICEF, for the implementation of health and education programs, and for the restoration of basic needs. We further undertake to pursue discussions with the Papua New Guinea Government to this end.
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: Security sector→Ceasefire→Ceasefire provision
Page 1, 3. Ending the War
As soon as the process referred to under Clause 9 below is established between Bougainville Leaders and the Government of Papua New Guinea, we will jointly bring about an end to the war on Bougainville.

Page 1, 4. Declaration of Ceasefire
In order to help create a peaceful environment for a neutral peacekeeping force to come and maintain peace on Bougainville, the Bougainville Leaders urge all parties under force of arms to agree to a declaration of a ceasefire, which shall take effect simultaneously with the arrival of the first contingent of the peacekeeping force on Bougainville.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, 6. Demilitarisation of Bougainville
6.1 The demilitarisation of Bougainville is an essential step in the peace process. We, therefore, call for the complete withdrawal of the Papua New Guinea Defence Force within a time frame to be agreed to between Bougainville Leaders and the Government of Papua New Guinea.
6.2 As part of this demilitarisation process, there shall also be the laying down of arms by all Bougainvilleans, currently under the force of arms over a period of time, which will be supervised by the Peacekeeping Force in conjunction with the Bougainville Transitional Government and the Bougainville Interim Government.
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, 1. Unity and Reconciliation
We recognise that the war on Bougainville has divided our people. In order to achieve lasting peace, we must reconcile with ourselves as leaders to ensure that there is unity and reconciliation among our people at all levels of the community.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 5. A Neutral Peacekeeping Force
5.1 We, believe that a neutral Peacekeeping Force is essential to the peace process. We therefore, request that such a force be invited to Bougainville at the beginning of the process for a period of not more than three years under the auspices of the United Nations.
5.2 We desire also that before a 'Status of Forces' Agreement is agreed to by the State of Papua New Guinea and countries contributing to the Peacekeeping Force that the Bougainville Interim Government and the Bougainville Transitional Government be fully consulted, and be party to it.
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-burnham-declaration97

THE BURNHAM DECLARATION

By Bougainville Leaders on the Re-establishment of a Process for Lasting Peace and Justice on Bougainville – July 5 – 18 , 1997

We, the leaders of the people of Bougainville, have met in Burnham, New Zealand, from 5 – 18 July 1997, in order to end the war and restore lasting peace on Bougainville, hereby commit ourselves to the establishment of a clear process for the achievement of a political settlement to the war on Bougainville with the Government of Papua New Guinea, and declare that we are united in our common stand on the following:

1. Unity and Reconciliation

We recognise that the war on Bougainville has divided our people.

In order to achieve lasting peace, we must reconcile with ourselves as leaders to ensure that there is unity and reconciliation among our people at all levels of the community.

2. Process for Negotiation

We will work together with the Government of Papua New Guinea to set up a process for negotiations between Bougainville Leaders and the Government of Papua New Guinea.

3. Ending the War

As soon as the process referred to under Clause 9 below is established between Bougainville Leaders and the Government of Papua New Guinea, we will jointly bring about an end to the war on Bougainville.

4. Declaration of Ceasefire

In order to help create a peaceful environment for a neutral peacekeeping force to come and maintain peace on Bougainville, the Bougainville Leaders urge all parties under force of arms to agree to a declaration of a ceasefire, which shall take effect simultaneously with the arrival of the first contingent of the peacekeeping force on Bougainville.

5 A Neutral Peacekeeping Force

5.1 We, believe that a neutral Peacekeeping Force is essential to the peace process.

We therefore, request that such a force be invited to Bougainville at the beginning of the process for a period of not more than three years under the auspices of the United Nations.

5.2 We desire also that before a 'Status of Forces' Agreement is agreed to by the State of Papua New Guinea and countries contributing to the Peacekeeping Force that the Bougainville Interim Government and the Bougainville Transitional Government be fully consulted, and be party to it.

6. Demilitarisation of Bougainville

6.1 The demilitarisation of Bougainville is an essential step in the peace process.

We, therefore, call for the complete withdrawal of the Papua New Guinea Defence Force within a time frame to be agreed to between Bougainville Leaders and the Government of Papua New Guinea.

6.2 As part of this demilitarisation process, there shall also be the laying down of arms by all Bougainvilleans, currently under the force of arms over a period of time, which will be supervised by the Peacekeeping Force in conjunction with the Bougainville Transitional Government and the Bougainville Interim Government.

7. Lifting of Blockade and Removal of Restrictions

We agree that there is a need for access throughout Bougainville to relevant donor organisations and other humanitarian agencies, including ICRC and UNICEF, for the implementation of health and education programs, and for the restoration of basic needs.

We further undertake to pursue discussions with the Papua New Guinea Government to this end.

8. Political Process

We undertake to ensure that the people of Bougainville, as a people, freely and democratically exercise their right to determine their political future.

9. Commencement of Process and Venue for First Meeting

We will move to have the first meeting of Bougainville Leaders with the Government of Papua New Guinea no later than September 1997 to set up the process and begin its implementation.

We further agree that this meeting be held in a neutral place outside Papua New Guinea or Bougainville.

Declared at Burnham this 18 July 1997.

Joseph Kabui

Leader of BIG/BRA

Gerard Sinato

Leader of BTG Delegation

Delegation

Martin Miriori

John Momis MP

Sam Kauona

Sam Akoitai