Waigini Communique

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Waigini Communique
Date: 18 May 1995
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: RT HON SIR JULIUS CHAN GCMG KBE MP, PRIME MINISTER, NATIONAL GOVERNMENT OF PAPUA NEW GUINEA;
MR THEODORE MIRIUNG, PREMIER, BOUGAINVILLE TRANSITIONAL GOVERNMENT;
Third parties: -
Description: Parties agree amnesty, and steps towards rehabilitation of the Bougainville army, future of the resistance forces, future structure of Provincial Govt of Bougainville, and implementation of the agmt.

Agreement document: PG_950518_Waigani Communique.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)→General references
Page 3, Future Structure of Provincial Government of Bougainville
11. That a permanent structure of Provincial Government for Bougainville will be installed as soon as possible. This will be the responsibility of the Premier and his Transitional Government to develop and propose to the National Government, taking into account the principles of self-reliance, links and power sharing under the National Constitution.
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: Page 2, Future Administrative Arrangements for the Restoration Programme
7. That Bougainville Transitional Government in the interim arrangement must be responsible for the programming and implementation of the 3R Strategy - Restoration Programme.
8. The permanent Government for Bougainville upon it's establishment, will be responsible for the continued programming and implementation of that Progamme.
9. The budgetting, financing and implementation of the 3R Strategy - Restoration Programme shall be the responsibility of the Department of Bougainville
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 3, Future Structure of Provincial Government of Bougainville
11. That a permanent structure of Provincial Government for Bougainville will be installed as soon as possible. This will be the responsibility of the Premier and his Transitional Government to develop and propose to the National Government, taking into account the principles of self-reliance, links and power sharing under the National Constitution.
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: 4-6. dealing with rehabilitation of the Bougainville economy,especially access issues with Panguna Mine and plantations

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 3, Future Structure of Provincial Government of Bougainville
12. The National Government will lift all restrictions of travel including prize rewards of K200,000 previously set for the apprehension and prosecution of BRA leaders, including Joseph Kabui, Francis Ona and Sam Kauona in order to enable them to become part of; and, participate in the dialogue, goodwill, peace and normalcy through the Bougainville Transitional Government.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Rehabilitation of Bougainville Economy (Future of Panguna Mine and Plantations)
4. That the rehabilitation of the Bougainville Provincial economy must be approached in the same manner, framework and process applied in respect of the development of resource projects in the rest of the country. That these resource projects shall be looked at as "new projects".
National economic plan: No specific mention.
Natural resources: Page 2, Rehabilitation of Bougainville Economy (Future of Panguna Mine and Plantations)
5. That the re-opening of the Panguna Mine shall be base on a re-negotiated arrangement and that proceeds from it also contribute towards the restoration programme in the Province.
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 2-3, Future of Resistance Forces
10. That a package will be negotiated to:
(i) recognize the contributions by Resistance Forces;
(ii) consider making appropriate compensation
(iii) re-deploy them to other productive activities within the Province and country as a whole; and
(iv) rehabilitate and re-settle them into normal life.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 2-3, Future of Resistance Forces
10. That a package will be negotiated to:
(i) recognize the contributions by Resistance Forces;
(ii) consider making appropriate compensation
... (iv) rehabilitate and re-settle them into normal life.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, Amnesty (Pardon) for surrendered BRA
1. That the National Government will grant as from 2400hrs on 18 May 1995, within the framework of the laws of Papua New Guinea, and as part of the overall settlement to the Bougainville crisis Amnesty to various members of illegal and criminal forces, groups and individuals
2. This Amnesty from prosecution will commence from October 1988 to 2400hrs of the date of the signing of this Communique.
3. The National Government also grants as of 2400hrs of 18 May 1995, amnesty for the surrender and destruction of all firearms in possession of these illegal, criminal forces, groups and individuals up to and including a period of fourteen (14) days.

Page 3, Future Structure of Provincial Government of Bougainville
12. The National Government will lift all restrictions of travel including prize rewards of K200,000 previously set for the apprehension and prosecution of BRA leaders, including Joseph Kabui, Francis Ona and Sam Kauona in order to enable them to become part of; and, participate in the dialogue, goodwill, peace and normalcy through the Bougainville Transitional Government.
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: Transitional justice→Reparations→Material reparations
Page 2, Rehabilitation of Bougainville Economy (Future of Panguna Mine and Plantations)
6. That compensation for "people" will be addressed in the context of and as part and parcel of the Rehabilitation Programme of the economy. The "people" to be compensated will be categorised by the BTG and settlement will be made with the constraints of resources and capacities of the Province and the National Government.
Reconciliation: Page 1, Untitled Preamble
... Committed to their on-going programs for consultations and negotiations, including dialogue on all other issues pertinent to the resolution of the Bougainville situation, such as,
(ii) Reconciliation and Compensation

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-waigani-communiqu%C3%A995

The Waigani-Communiqué Port Moresby,

18 May 1995

The Prime Minister and the Leader of the National Government Delegation of Papua New Guinea, the Rt Hon Sir Julius Chan and the Premier and Leader of the Bougainville Transitional Government Delegation, Mr Theodore Miriung having met at Mirigini House, Port Moresby on 18 May, 1995, and:

Pursuing the Charter of Mirigini through the establishment of the Bougainville Transitional Government.

Noting that the functions of the Bougainville Transitional Government includes a negotiated settlement towards peace, normalcy, services and permanent legal authority to the situation on Bougainville.

Committed to their on-going programs for consultations and negotiations, including dialogue on all other issues pertinent to the resolution of the Bougainville situation, such as,

(i) Pardon Amnesty and Temporary Refuge;

(ii) Reconciliation and Compensation

(iii) Restoration of Services and Reconstruction of Bougainville;

(iv) and Others.

Taking realistically into account the current situation, including the wishes of the Chiefs, the Bougainville Transitional Government Assembly, various interest groups, other leaders and the people of Bougainville as a whole for peace and unity through the provision of incentives, resources and goodwill.

Having held extensive discussions;

HAVE AGREED as follows:

Amnesty (Pardon) for surrendered BRA

1. That the National Government will grant as from 2400hrs on 18 May 1995, within the framework of the laws of Papua New Guinea, and as part of the overall settlement to the Bougainville crisis Amnesty to various members of illegal and criminal forces, groups and individuals

2. This Amnesty from prosecution will commence from October 1988 to 2400hrs of the date of the signing of this Communique.

The National Government also grants as of 2400hrs of 18 May 1995, amnesty for the surrender and destruction of all firearms in possession of these illegal, criminal forces, groups and individuals up to and including a period of fourteen (14) days.

Rehabilitation of Bougainville Economy (Future of Panguna Mine and Plantations)

4. That the rehabilitation of the Bougainville Provincial economy must be approached in the same manner, framework and process applied in respect of the development of resource projects in the rest of the country.

That these resource projects shall be looked at as "new projects".

5. That the re-opening of the Panguna Mine shall be base on a re-negotiated arrangement and that proceeds from it also contribute towards the restoration programme in the Province.

6. That compensation for "people" will be addressed in the context of and as part and parcel of the Rehabilitation Programme of the economy.

The "people" to be compensated will be categorised by the BTG and settlement will be made with the constraints of resources and capacities of the Province and the National Government.

Future Administrative Arrangements for the Restoration Programme

7. That Bougainville Transitional Government in the interim arrangement must be responsible for the programming and implementation of the 3R Strategy-Restoration Programme.

8. The permanent Government for Bougainville upon it's establishment, will be responsible for the continued programming and implementation of that Progamme.

9. The budgetting, financing and implementation of the 3R Strategy - Restoration Programme shall be the responsibility of the Department of Bougainville.

Future of Resistance Forces

10. That a package will be negotiated to:

(i) recognize the contributions by Resistance Forces;

(ii) consider making appropriate compensation

(iii) re-deploy them to other productive activities within the Province and country as a whole;

and (iv) rehabilitate and re-settle them into normal life.

Future Structure of Provincial Government of Bougainville

11. That a permanent structure of Provincial Government for Bougainville will be installed as soon as possible.

This will be the responsibility of the Premier and his Transitional Government to develop and propose to the National Government, taking into account the principles of selfreliance, links and power sharing under the National Constitution.

12. The National Government will lift all restrictions of travel including prize rewards of K200,000 previously set for the apprehension and prosecution of BRA leaders, including Joseph Kabui, Francis Ona and Sam Kauona in order to enable them to become part of;

and, participate in the dialogue, goodwill, peace and normalcy through the Bougainville Transitional Government.

Implementation

13. That officials of the National Government and the Bougainville Transitional Government shall carry out detailed negotiations and conclude programmes and projects arising from this Communique and those envisaged in the Charter of Mirigini, and report to the next meeting on 29 May 1995.

Signed at Waigani, on 18th day of May, 1995

RT HON SIR JULIUS CHAN GCMG KBE MP

PRIME MINISTER

NATIONAL GOVERNMENT OF PAPUA NEW GUINEA

MR THEODORE MIRIUNG

PREMIER

BOUGAINVILLE TRANSITIONAL GOVERNMENT