The Hutjena Record

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: The Hutjena Record
Date: 15 Dec 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: The Rt. Hon Sir Michael T. Somare GCMG CH M.P., Papua New Guinea Delegation; Joseph C. Kabui, Hon. John Morris, Bougainville Delegation
Third parties: Witnessed by: Ambassador Noel Sinclair, United Nations Observers Mission; Brigadier Frank Roberts, Commander PMG; Hon. Kilroy Genia, MP, Minister for Justice; Hon. Michael Ogio, MP, Minister for Forest; Hon. Michael Laimo, MP, Member for South Bougainville; Hon. Samuel Akoitai, MP, Member for Central Bougainville; James Tanis, Vice President, Bougainville Peoples Congress; Thomas Anis, Vice President, Bougainville Peoples Congress; Mr Joel Banam, Chairman Council of Elders Leitana; Mr Carolus Ketsimur, Chairman Council of Elders North Bougainville; Mr Joseph Bana, Chairman Council of Elders South Bougainville; Mr Gurdon Bure, Chairman Council of Elders, Central Bougainville; Mrs Elizabeth Burain, Womens Representative
Description: This short agreement sets out a Bougainville common negotiating position between Papa New Guinea government and the Bougainville People’s Congress, including granting of Autonomy to Bougainville, subject to negotiations.

Agreement document: PG_991215_Hutjena Record.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: Page 3,
Witnessed by: Mrs Elizabeth Burain, Womens Representative
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: Page 1, The following common understandings have been reached:
2. That the Government of Papua New Guinea agrees that the highest possible Autonomy shall be granted to Bougainville, subject to negotiation.
Self determination: No specific mention.
Referendum: Page 1, The following common understandings have been reached:
1. That the Minister shall take a submission on the issue of Referendum as outlined in the Bougainville Parties joint negotiating document to the National Executive Council for its consideration.
3. That the Government shall at the same time provide its response to the principle of Referendum as outlined in the Bougainville proposal.
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 2, The following common understandings have been reached:
4. As a result of the decision of the Supreme Court of Papua New Guinea on the suspension of the Government of Bougainville interim arrangements for Government on Bougainville should be developed and agreed between the Parties.
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: UN Peacemaker YES
Coder NO
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: No specific mention.

Implementation

UN signatory: Witnessed by: Ambassador Noel Sinclair, United Nations Observers Mission;
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, The following common understandings have been reached:
5. The Parties shall meet before the end of January 2000 to consider the responses of the Government of Papua New Guinea.
Related cases: Page 1, The following common understandings have been reached:
1. That the Minister shall take a submission on the issue of Referendum as outlined in the Bougainville Parties joint negotiating document to the National Executive Council for its consideration.
Source: UN Peacemaker
https://peacemaker.un.org/png-hutjena-record99

The Hutjena Record

Recording a meeting between the delegation of teh Government of Papua New Guinea and the delegation of Bougainville on 14th and 15th day of December 1999.

Recording of Meeting

The Bougainville Delegation presented to the Rt.

Hon.

Sir Michael Somare GCMG CH MP a document recording Bougainville's common view as to the future of Bougainville and noted that the people of Bougainville are of the firm conviction tha tthe issues of Autonomy and Referendum are inseparably linked and must be considered together.

In recieving the document Sir Michael Somare said that

- the National Executive Council has met and defined the PNG Govenment delegation's mandate, which includes receiving proposals from the Bougainville delegation, presenting them to NEC, and providing a reply;

and

- whatever might be requested, discussed or agreed here is subject to the final authority of the NEC and the National Parliament.

The Following Common understnadings have been reached:

1. That the minister shall take a submission on the issue of Referendum as outlined in teh Bougainville parties joint negotiating documents to the National Executive Council for its consideration.

2. That the Government of Papua New Guinea agrees that the highest possible Autonomy shall be granted to Bougainville, subject to negotiation.

3. That the Governemnt shall at the same time provide its response to the principle of Referendum as outlined in the Bougainville proposal.

4. As a result of the decision of the Supreme Court of Papua New Guinea on the suspension of the Government of Bougainville interim arrangements for Government on Bougainville should be delevoped and agreed between the parties.

5. The Parties shall meet before the end of January 2000 to consider the responses of the Government of Papua New Guinea.

Signed on the 15th Day of December 1999.

[Signatures]