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Introduction and Outline |
| A |
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Role and Status of this Agreement |
| B |
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Autonomy |
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1 |
Objectives of Autonomy |
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2 |
Boundaries |
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3 |
Bougainville Constitution |
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Developing the Bougainville Constitution |
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Constitutional Commission to Develop Proposals |
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Constituent Assembly to Debate & Adopt Bougainville Constitution |
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Establishing the Constituent Assembly. |
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Principles & Standards for Development & Contents of Constitution |
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Endorsement of Bougainville Constitution |
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Coming into Effect of Bougainville Constitution |
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Legal Status of Bougainville Constitution |
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Amendment of Bougainville Constitution |
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4 |
Structures of the Autonomous Bougainville
Government |
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Legislature |
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Executive |
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Judiciary |
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Other Government Institutions. |
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Considerations Concerning Decisions on Bougainville
Institutions |
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Accountability of Government Institutions |
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Interim and Transitional Arrangements |
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Constitutional Office-holders. |
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Appointments to Constitutional Office-holders & Heads of Services |
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Bougainville Salaries and Remuneration
Commission |
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5 |
Division of Powers and Functions |
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Two List System for Dividing Powers and
Functions |
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Basis for Drafting Lists in Constitutional Laws |
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National Government List of Powers and Functions |
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Bougainville List of Powers and Functions |
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Bougainville to Respect PNG’s International
Obligations |
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Subjects Not Now Known or Identified |
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Transfer or Delegation of Powers and Functions |
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6 |
Agreed
arrangements concerning exercise of national government powers
in relation to Bougainville |
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a |
Defence |
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Other Activities |
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Implementation |
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b |
Foreign Relations |
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Regional Organisations |
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International Agreements – Bougainville’s
Role |
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Future Treaties |
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Border Agreements |
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Sporting and Trade Missions |
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c |
Immigration - Visas and Work Permits |
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d |
Quarantine |
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e |
Fisheries |
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f |
Central Banking Responsibilities |
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g |
International Civil Aviation, International
Shipping, International Trade, and Posts |
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h |
Telecommunications |
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7 |
Transfer of Powers and Functions |
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a |
Process for Transfer |
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Initiating Transfers |
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Initial Powers and Functions |
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Notice of Additional Transfers |
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Implementation |
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National and Regional Institutions and Services |
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Delegation of Powers over Public Service, Police and
CIS |
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Agreed Plans for Implementation |
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b |
Associated Arrangements |
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National Government Assets and Land |
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Privatisation Issues |
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8 |
Human Rights |
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9 |
Financial Arrangements |
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a |
Basic Principles |
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b |
Taxation |
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c |
Grants System |
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d |
Recurrent Grants |
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e |
Restoration and Development Grant |
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f |
Conditional Grants |
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g |
Borrowings - Revenue Raisings |
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h |
Establishment Grant |
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i |
Foreign Aid |
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j |
Fiscal Accountability |
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k |
Follow Up Audits |
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10 |
Personnel |
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a |
Provisions applying generally to Public Service,
Police |
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Implementation as Packages |
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Application to Other Bodies |
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Constitutional Basis |
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Recruitment, Employment and Industrial Relations |
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Oath of Allegiance |
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National Public Service, Police and CIS |
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Co-operative Arrangements |
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b |
Public Service |
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Control .. |
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Bougainville Law. |
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Institutional Arrangements |
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Information and Monitoring |
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Appeal and Review of Public Service Matters |
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National Public Service Offices in Bougainville |
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Phased Implementation, Interim Arrangements & Transitional
Period |
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c |
Police |
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Control and Command. |
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Head of Bougainville Police |
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Functions of Bougainville Police |
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Role of RPNGC |
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Training, Rank Structure and Uniforms of Bougainville
Police |
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Co-operative Policing |
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Funding |
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Emergencies and Other Support |
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Transitional Arrangements for Bougainville Policing |
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d |
Correctional Institutional Service |
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Control |
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Head of Bougainville CIS. |
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Functions of Bougainville CIS |
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Training, Rank Structure and Uniforms of Bougainville
CIS. |
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Co-operation |
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Funding |
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Transitional Arrangements for Bougainville CIS |
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11 |
Intergovernmental Relations |
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Joint Supervisory Body |
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Settling Disputes |
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No Suspension or Withdrawal of Powers |
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Consultations |
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12 |
States of Emergency |
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13 |
Judiciary |
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Bougainville Courts |
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Jurisdiction of Bougainville Courts |
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Appeals |
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Interpreting National and Bougainville Constitutions |
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Appointment of Judges for Bougainville Courts |
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Operation of National Judicial System |
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Phased Implementation Plan |
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Costs of Establishing Bougainville Courts |
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14 |
Criminal law |
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15 |
Regular Review of Autonomy
Arrangements |
| C |
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Agreed
Principles on Referendum |
| D |
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Amendment of
Constitutional Arrangements |
| E |
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Weapons
Disposal |
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1 |
Endorsement of Weapons Disposal
Plan |
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Peace Process Consultative
Committee (PPCC) |
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PPCC
Resolution on Weapons Disposal |
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PPPC Sub-Committee |
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Implementation |
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Stage 1 |
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Stage 2 |
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Stage 3: final fate of the
weapons |
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Verification and other practical considerations |
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International Aspects |
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Reconciliation |
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2 |
Weapons Disposal - Mandates of
UNOMB and PMG |
| F |
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Other Matters |
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1 |
Amnesty and Pardon |
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2 |
Resolving Disputes during
Implementation |
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3 |
Reconciliation and Unified
Structures for Bourgainville |
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a |
Reconciliation |
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b |
Bougainville commitment to
Unified Structures |
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Statement of Commitment to
Unified Structures |
Introduction and Outline
This agreement is a joint creation by the Government of the Independent State of Papua
New Guinea and Leaders representing the people of Bougainville ("the Parties") to
resolve the Bougainville conflict and to secure a lasting peace by peaceful means.
It is intended to further the objectives of The Burnham Truce, the Lincoln and Ceasefire
Agreements and other agreements and understandings between the parties.
This Agreement will be implemented through consultation and co-operation, and will
form the basis for drafting constitutional amendments and other laws in order to give
legal effect to this Agreement.
The Bougainville Parties will work through the autonomous Bougainville Government
when it is formed.
The Agreement has three pillars. They are as follows.
1. Autonomy: The Agreement provides for arrangements for an autonomous Bougainville
Government operating under a home-grown Bougainville Constitution with a right to
assume increasing control over a wide range of powers, functions, personnel and
resources on the basis of guarantees contained in the National Constitution.
2. Referendum
The agreement provides for the right, guaranteed in the National Constitution, for a
referendum among Bougainvilleans on Bougainville’s future political
status.
The choices available in the referendum will include a separate independence for
Bougainville.
The referendum will be held no sooner than ten years, and in any case no later than
fifteen years, after the election of the autonomous Bougainville Government.
The actual date of the referendum will be set taking account of standards of good
governance and the implementation of the weapons disposal plan.
The outcome of the referendum will be subject to ratification (final decision making
authority) of the National Parliament.
3. Weapons Disposal Plan
The agreed weapons disposal plan will proceed in stages, area by area around
Bougainville, beginning as soon as is practicable. After the constitutional amendments implementing this Agreement have been passed
by the National Parliament and by the time they take legal effect, remaining Defence
Force and Police Mobile Unit personnel will have been withdrawn from Bougainville
and weapons will be held in secure containers.
The containers will have two separate locks with the key to one held by the
United
Nations Observer Mission on Bougainville (UNOMB) and the other by the relevant
ex-combatant Commander.
The UNOMB will verify that all parties are acting in accordance with the agreed
weapons disposal plan.
A decision on the final fate of the weapons should be taken within four and a half
months of the constitutional amendments coming into effect.
THE PARTIES AGREE AS FOLLOWS:
A. Role and Status of this Agreement
1. This Agreement is the basis for drafting the constitutional amendments and other
laws, which the National Government will move to provide for implementation.
2. The implementing Constitutional and other laws will state that they are intended
to give legal effect to this Agreement.
3. This Agreement:
(a) will be used as a guide for implementation and to assist the Courts
in interpreting the Constitutional and other laws, which give legal
effect to this agreement;
(b) is intended to be interpreted liberally, by reference to its intentions,
and without undue reference to technical rules of construction.
B. Autonomy
1. Objects of Autonomy
4. On the basis of shared acceptance of the sovereignty of Papua New
Guinea, the
agreed autonomy arrangements are intended to:
(a) facilitate the expression and development of Bougainville identity
and the relationship between Bougainville and the rest of Papua
New Guinea;
(b) empower Bougainvilleans to solve their own problems, manage
their own affairs and work to realize their aspirations within the
framework of the Papua New Guinea Constitution;
(c) promote the unity of Papua New Guinea;
(d) provide for a democratic and accountable system of government
for Bougainville that meets internationally accepted standards of
good governance, including protection of human rights;
(e) ensure respect for the international obligations of Papua New
Guinea, as well as the interests of Bougainville when Papua New
Guinea enters into new international obligations;
(f) enable the National Government and the autonomous Bougainville
Government to exercise their constitutional roles effectively and
co-operatively;
(g) provide sufficient personnel and financial resources for the
autonomous Bougainville Government to exercise its powers and
functions effectively;
(h) maintain a mutually acceptable balance of interests between the
interests of Bougainville and Papua New Guinea as a whole,
including equity between different parts of the country.
2. Boundaries
5. Bougainville’s jurisdiction will extend to sea-areas where the National
Government has power.
6. The Constitutional Laws implementing the agreed autonomy arrangements will
define Bougainville territory as extending to three nautical miles out to sea from
the coasts of islands within the boundaries specified in the Organic Law on
Provincial Boundaries.
7. The National Government and the autonomous Bougainville Government will
develop agreed arrangements for co-operation in the exercise of their respective
powers and functions at sea.
8. The National Government and the autonomous Bougainville Government will
agree to equitable arrangements (additional to those agreed for fishing) for
sharing revenues from activities in areas of sea and seabed beyond the guaranteed
three-mile limit and within the Exclusive Economic Zone and the continental
shelf associated with Bougainville territory.
9. The question of whether Bougainville’s maritime boundaries should be extended
beyond those agreed above will be determined through consultation between the
National Government and the autonomous Bougainville Government, bearing in
mind:
(a) the mutual benefits that Bougainville and Papua New Guinea as a
whole gain from Papua New Guinea’s archipelagic status; and
(b) the agreed autonomy arrangements.
3. BOUGAINVILLE CONSTITUTION
Bougainville Constitution
10. There will be a constitution for Bougainville (‘the Bougainville Constitution’).
11. The Bougainville Constitution will provide for the organisation and structures of
the government for Bougainville under the autonomy arrangements (‘the
autonomous Bougainville Government’) in a manner consistent with this
Agreement.
12. Relations between the National Government and the autonomous Bougainville
Government will be regulated in accordance with the National Constitution and
will not be the subject of provision in the Bougainville Constitution except as
specifically provided elsewhere in this Agreement.
13. The Bougainville Constitution will provide for the names of Bougainville and the
autonomous Bougainville Government.
Developing the Bougainville Constitution
14. The Bougainville Interim Provincial Government in consultation with the
Bougainville People’s Congress will establish a Constitutional Commission and a
Constituent Assembly to make the Bougainville Constitution.
15. (a) The National Government will be kept informed and allowed adequate
opportunity to make its views known as proposals for the Bougainville
Constitution are developed.
(b) Before the Bougainville Constitution is adopted by the Constituent
Assembly, there will be consultation with the National Government about
the contents of the draft Constitution.
Constitutional Commission to Develop Proposals
16. A Constitutional Commission broadly representative of the people of
Bougainville will make proposals for a Bougainville Constitution.
17. The Constitutional Commission will consult widely with the people of
Bougainville to understand their views on a Constitution for Bougainville, and
will prepare a draft Bougainville Constitution for consideration by the Constituent
Assembly.
Constituent Assembly to Debate and Adopt Bougainville Constitution
18. The people of Bougainville, through a representative Constituent Assembly, will
consider the draft Bougainville Constitution.
19. The Constituent Assembly will debate and may amend the draft Bougainville
Constitution, and will adopt the Constitution in the manner set out in this clause.
Establishing the Constituent Assembly
20. The parties will co-operate in facilitating the establishment of the Constituent
Assembly.
Principles and Standards for Development and Contents of Constitution
21. Subject to other provisions of this Agreement, the arrangements used to establish
the Bougainville Constitution and the structures and procedures for the
autonomous Bougainville Government established under it will meet
internationally accepted standards of good governance.
Endorsement of Bougainville Constitution
22 (a) Following adoption of the Bougainville Constitution, the Constituent
Assembly shall transmit a copy of that Constitution to the National
Executive Council.
(b) Upon being satisfied that the requirements of the National Constitution for
the Bougainville Constitution have been met, the National Executive
Council shall advise the head of State to endorse that Constitution.
23. The National Government will gazette the Bougainville Constitution upon its
endorsement by the Governor-General.
24. The constitutional amendments will include an agreed procedure to ensure that
the Bougainville Constitution can be brought into effect without delay.
Coming into Effect of Bougainville Constitution
25. The Bougainville Constitution will come into effect on a date after its
endorsement by the Head of State, and in the manner provided for in that
Constitution.
Legal Status of Bougainville Constitution
26. The Bougainville Constitution will be supreme law as regards matters that fall
within Bougainville’s jurisdiction, and Bougainville laws and institutions will be
required to be consistent with the Bougainville Constitution. The Bougainville
Constitution will be enforceable:
(a) in the Supreme Court; and
(b) the Bougainville courts, to the extent provided for in the
Bougainville Constitution.
Amendment of Bougainville Constitution
27. The Bougainville Constitution may be amended only by the Bougainville
legislature following a procedure and requirements (inclusive of voting majority)
as may be prescribed by the Bougainville Constitution.
4. STRUCTURES OF THE AUTONOMOUS BOUGAINVILLE GOVERNMENT
Legislature
28. The Bougainville Constitution will provide that the institutions of the
autonomous Bougainville Government will include a legislature which shall be a
mainly elected body, but may also include members appointed or elected to
represent special interests, such as women, youth, churches.
Executive
29. The Bougainville Constitution will provide for the autonomous Bougainville
Government to include an accountable executive body.
30. There will be a head of the executive whose title, method of appointment, and
powers and functions will be specified in the Bougainville Constitution.
Judiciary
31. The Bougainville Constitution may provide for an impartial judiciary for
Bougainville, or may provide for Bougainville to operate either in full or in part
under courts established under the national Constitution.
Powers and Functions of Legislature, etc.
32. The powers, functions and procedures of the legislature, executive and judiciary
will be as specified by or under the arrangements in this Agreement and the
Bougainville Constitution.
Other Government Institutions
33. The Bougainville Constitution may establish other institutions that may be
required for the autonomous Bougainville Government to carry out its powers and
functions effectively, including institutions responsible for public administration
provided for elsewhere in this Agreement (such as bodies to administer separate
public service, police, teaching service and correctional institutional services
bodies) and local government bodies.
Considerations Concerning Decisions on Bougainville Institutions
34. Decisions made by both the Constituent Assembly and the legislature of the
autonomous Bougainville Government about establishing institutions proposed to
be part of the autonomous Bougainville Government shall be made only
after
considering the costs likely to be involved in such decisions and the
administrative capacity necessary to implement them. Such decisions include
those about:
(a) the number of seats in the Bougainville legislature from time to
time;
(b) the courts within the Bougainville judiciary;
(c) provision in the Bougainville Constitution for institutions other
than the legislature, the executive and the judiciary.
Accountability of Government Institutions
35. The Bougainville Constitution will make provision for the accountability of all
institutions created under it.
36. Provision in relation to accountability will include arrangements concerning a
public accounts committee of the legislature, audit of provincial accounts and
management of the revenue funds and accounts of the autonomous Bougainville
Government.
Interim and Transitional Arrangements
37. Until the autonomous Bougainville Government is established through elections,
the Bougainville Interim Provincial Government will continue to operate in
accordance with the Organic Law on Provincial Governments and Local-level
Governments and also in accordance with arrangements already agreed between
the Bougainville parties.
38. When the Organic Law on Provincial Governments and Local-level Governments
ceases to apply in Bougainville and the autonomous Bougainville Government is
established, the Bougainville Interim Provincial Government and the Bougainville
People’s Congress will cease to exist.
Constitutional Office-holders
39. Bougainville will have the power to create independent Constitutional Officeholders
to carry out powers and functions within Bougainville’s constitutional
responsibilities.
40. National Constitutional Office-holders will continue to carry out their
responsibilities in areas of national jurisdiction in Bougainville.
41. National Government and Bougainville Constitutional Office-holders may enter
into cooperative or agency arrangements to avoid gaps and duplication and to
encourage common standards.
42. The autonomous Bougainville Government will bear the cost of creating and
maintaining Constitutional Office-holders in Bougainville.
Appointments to Constitutional Office-holders and Heads of Services
43. The bodies established by or under the Bougainville Constitution to make
appointments of Bougainville judges, other constitutional office-holders, and
heads of the Bougainville Police and any body equivalent to the Correctional
Institutional Services shall include two nominees of the National Government.
Bougainville Salaries and Remuneration Commission
44. (a) The autonomous Bougainville Government may establish its own
independent Salaries and Remuneration Commission under the
Bougainville Constitution to recommend the salaries and other conditions
of elected leaders, Constitutional officeholders and statutory heads
(including heads of the Bougainville Police and any body equivalent to the
Correctional Institutional Services) appointed under that Constitution; the
autonomous Bougainville Government will meet any additional costs.
(b) The recommendations made by the Bougainville Salaries and
Remuneration Commission will take full account of advice from the
National Salaries and Remuneration Commission concerning the
maintenance of relativities of pay and conditions with those for similar
offices in other parts of Papua New Guinea and at the National level.
(c) The Bougainville legislature will have the power to accept or reject (but
not to amend) recommendations from the Bougainville Salaries and
Remuneration Commission.
45. (a) The National Salaries and Remuneration Commission will continue to
recommend the salaries and other conditions of elected leaders,
Constitutional officeholders and statutory heads appointed under the
Bougainville Constitution until and unless the autonomous Bougainville
Government establishes its own Salaries and Remuneration Commission.
(b) The autonomous Bougainville Government will be represented on the
National Commission when it deals with positions under the Bougainville
Constitution.
5.
DIVISION OF POWERS AND FUNCTIONS
Two List
System for Dividing Powers and Functions
Basis for Drafting Lists in Constitutional Laws
46. Powers and functions will be divided between the National Government and the
autonomous Bougainville Government by allocation to two comprehensive lists.
47. Those lists will be as exhaustive as possible of known and identifiable powers
and functions of government.
48. The parties may be required to further consult and agree on issues that arise
during the drafting of the constitutional amendments relating to how particular
powers are to be described and where particular aspects of powers and functions
belong.
49. The Constitutional Laws implementing this Agreement will provide an agreed
mechanism to deal with possible overlap or conflict between the two lists.
National Government List of Powers and Functions
50. Consistent with national sovereignty, the National Government will exercise
powers and functions on the National Government list in relation to Papua New
Guinea as a whole, including Bougainville.
51. The agreed National Government list is as follows:
• Defence;
• Foreign relations;
• Immigration;
• Highly migratory and straddling fish stocks;
• Central Banking;
• Currency;
• International civil aviation;
• International shipping
• International trade;
• Posts;
• Telecommunications;
• Powers required for direct implementation of the National
Constitution, as amended in implementation of this Agreement (for
example, citizenship, national elections);
• All other powers for which the National Government is responsible
under other provisions of this Agreement.
Bougainville List of Powers and Functions
52. The list of powers and functions of the autonomous Bougainville Government
will:
(a) include all known or identifiable powers not on the National
Government list, beginning with the powers that have been
available to provincial governments under the National
Constitution;
(b) be developed during the drafting of the Constitutional Laws
implementing this Agreement.
53. The Bougainville list will include the power to decide on foreign investment
applications for Bougainville, and the autonomous Bougainville Government may
establish its own administrative mechanism in relation to foreign investment
matters for Bougainville.
Bougainville to Respect National Government’s International Obligations
54. The powers and functions of the autonomous Bougainville Government will be
subject to Papua New Guinea’s international obligations and human rights:
(a) existing international obligations of the National Government will
remain in place;
(b) the National Government will consult the autonomous
Bougainville Government before new obligations are entered into.
55. For the sake of clarity, the parties agree that the international obligations which
apply to Bougainville include treaties and other written international agreements
to which the National Government is or becomes a party.
56. The National Government and the autonomous Bougainville Government will
resolve any differences over Papua New Guinea’s obligations arising from
generally accepted rules of international law through the agreed dispute resolution
procedures.
Subjects Not Now Known or Identified
57. Consistent with the agreed process for the transfer of powers, any subject not
listed on either list will remain initially with the National Government, provided
that:
(a) where either of the Governments wishes to legislate on a subject
which is not clearly on either list, it will consult the other with a
view to reaching agreement on which government should be
responsible for the subject;
(b) if either Government passes a law on an unlisted subject, then the
other may, if it disagrees, contest it through the agreed dispute
settlement procedures;
(c) any dispute over which of the Governments is responsible for a
power or function will be resolved by applying the principles
governing the division of powers in this Agreement.
Transfer or Delegation of Powers and Functions
58. Either Government may, by agreement, transfer or delegate powers and functions,
including financial powers and functions, to the other.
6. AGREED ARRANGEMENTS CONCERNING EXERCISE OF NATIONAL
GOVERNMENT POWERS IN RELATION TO BOUGAINVILLE
59. Powers and functions on the National Government list shall be exercised in
relation to Bougainville in accordance with the arrangements set out in this
Agreement.
(a) DEFENCE
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60. The National Government will exercise this responsibility in Bougainville in
accordance with this agreement and arrangements made under it.
61. The Papua New Guinea Defence Force (PNGDF) remains a national organization
which recruits throughout Papua New Guinea
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Maritime and Border Surveillance, Search and Rescue, Assistance in Natural
Disasters, etc.
62. (a) The PNGDF will continue to assist in meeting Papua New Guinea’s
international obligations as well as carrying out maritime and border
surveillance and enforcement.
(b) The National Government will be able to send PNGDF personnel to
Bougainville for purposes of search and rescue and assistance in natural
disasters and other humanitarian emergencies in response to requests from
the autonomous Bougainville Government, or by giving prior notice to
agreed points of contact in Bougainville.
63. (a) The parties will co-operate in assisting the PNGDF to carry out the above
activities.
(b) In the interests of transparency and mutual confidence-building, the
National Government and the autonomous Bougainville Government will
make arrangements for officials of the autonomous Bougainville
Government to participate actively in the Bougainville-based aspects
(including maritime aspects) of the above activities.
Other Activities
64. After the withdrawal of the PNGDF from Bougainville in accordance with the
agreed weapons disposal plan, other PNGDF activities in Bougainville will be on
a co-operative basis following consultation between the autonomous Bougainville
Government and the National Government.d
65. (a) The parties will conclude an agreed arrangement that, in respect of
land based
activities and facilities in Bougainville, they accept that -
(i) the PNGDF requires immediate access to wharves,
airfields, refueling, stores and associated facilities;
(ii) the National Government has no immediate plans for the
PNGDF to have facilities, a base or a permanent presence
in Bougainville after phased withdrawal in implementation
of the agreed plan for weapons disposal;
(iii) the National Government will consult the autonomous
Bougainville Government before finalising any plans to
develop any of the above for the PNGDF in Bougainville;
and
(iv) PNGDF personnel in Bougainville after phased withdrawal
in implementation of the agreed weapons disposal plan
will be unarmed.
(b) While the agreed arrangement will not be embodied in the National
Constitution or an Act of the National Parliament, any disputes over it
may be subject to the agreed disputes resolution procedures.
66. The parties will meet at an early, mutually convenient time to consider developing
an agreed plan for civic action by the PNGDF to assist in restoration and
development in Bougainville.
67. The need for any additional PNGDF facilities in Bougainville will be addressed in
the agreed five-yearly reviews.
Implementation
68 (a) The National Government and the autonomous Bougainville Government
will establish agreed procedures to give effect to the above.
(b) Consultations and resolution of any disputes over defence will be in
accordance with these provisions and the agreed dispute resolution
procedures.
(b) FOREIGN RELATIONS
69. The two Governments will establish mechanisms for consultation in agreed areas
of foreign affairs.
Regional Organisations
70. The National Executive Council may allow Bougainville to send a representative
or observer to regional meetings and organisations.
71. The autonomous Bougainville Government may nominate a representative to be
included in National Government delegations to regional meetings and
organisations of clear special interest to Bougainville.
72. The autonomous Bougainville Government will meet any additional costs arising
from its participation.
International Agreements – Bougainville’s Role
73. The autonomous Bougainville Government may request the National
Government’s assistance or concurrence through an agreed mechanism for the
autonomous Bougainville Government to participate or engage directly in the
negotiation of international agreements of particular relevance to Bougainville.
74. The autonomous Bougainville Government will respect the National
Government’s authority regarding international agreements.
Future Treaties
75. An international agreement negotiated or signed with a purpose of altering the
agreed autonomy arrangements will take effect only with the agreement of both
the National Government and the autonomous Bougainville Government.
76. If a disagreement arises between the National Government and the autonomous
Bougainville Government as to whether an international agreement has been
negotiated or signed with such a purpose, the matter will be resolved through the
agreed dispute resolution procedures.
Border Agreements
77. The autonomous Bougainville Government will have a representative in National
Government Delegations engaged in the negotiation of new border agreements
with Solomon Islands.
78. Future border agreements (other than those concerning defence or national
security aspects) which affect the jurisdiction of the autonomous Bougainville
Government will take effect only by agreement between the National Government
and the autonomous Bougainville Government.
Sporting and Trade Missions
79. The two Governments will consult over appropriate forms of cooperation for
Bougainville to participate or engage in international cultural exchanges; trade,
investment and tourism promotion; and sport.
(c) Immigration - Visas and Work Permits
80. The autonomous Bougainville Government may recommend names to the
National Government for inclusion on or removal from the Visa Warning List
81. Applications for Work Permits and Employment Visas for Bougainville will be
referred by the relevant National Government agency to the autonomous
Bougainville Government for recommendation.
82. The autonomous Bougainville Government may submit lists of occupations and
industries for which Work Permits and Employment Visas should not be issued
for Bougainville.
83. The autonomous Bougainville Government will establish appropriate machinery
for implementation, including the sharing of information.
(d) QUARANTINE
84. The autonomous Bougainville Government may act as agent for the National
Government in providing quarantine services
(e) FISHERIES
85. The National Government will provide for the autonomous Bougainville
Government to be represented on:
(a) delegations negotiating access and other fisheries agreements
regarding Bougainville waters and waters beyond the guaranteed
three nautical mile limit and within the Exclusive Economic Zone
and the continental shelf associated with Bougainville territory;
and
(b) bodies responsible for determining total allowable catches, licence
numbers and reservation of licenses for domestic fishers in such
waters.
86. An agreed formula (based on derivation less costs) will provide for National
Government fishing revenues from fishing in those waters to be distributed to the
autonomous Bougainville Government.
87. The autonomous Bougainville Government will decide on the allocation of an
agreed quota of domestic fishing licenses for highly migratory and straddling fish
stocks.
88. The autonomous Bougainville Government will be responsible for the sustainable
management of other fisheries in Bougainville’s waters.
(f) CENTRAL BANKING RESPONSIBILITIES
89. The National Government will makes its best efforts to assist the autonomous
Bougainville Government assume powers to supervise non-banking financial
institutions.
90. The National Government will make its best efforts to assist in the establishment
of a commercial bank in Bougainville.
91. As part of the agreed review process, the National Government and the
autonomous Bougainville Government will consult on what other central banking
responsibilities it might be appropriate for Bougainville to assume after fiscal
self-reliance. The National Government will then make its best efforts to assist
Bougainville assume those powers agreed upon.
(g) INTERNATIONAL CIVIL AVIATION, INTERNATIONAL SHIPPING,
INTERNATIONAL TRADE, AND POSTS
92. The National Government will delegate control
of aspects of international civil
aviation, international shipping, international trade, and posts to the autonomous
Bougainville Government, including:
(a) management of non-aviation aspects of airport terminals in
Bougainville;
(b) management of postal services;
(c) issuing of Bougainville stamps, provided they display the words
“Papua New Guinea”; and
(d) other aspects as may be agreed from time to time.
(h) TELECOMMUNICATIONS
93. The parties agree on the need to facilitate the development of a
telecommunications system capable of reaching people throughout Bougainville,
and will co-operate to bring about the development of such a system, including
such private sector participation as may be appropriate and agreed.
94. The regulatory and legislative regime, including licensing, administered by
PANGTEL will apply to the development of telecommunications in Bougainville,
unless the National Government and the autonomous Bougainville Government
otherwise agree.
95. Within the PANGTEL legislative and regulatory regime, the autonomous
Bougainville Government may itself or by agreement with a third-party
telecommunications carrier provide telecommunications services in Bougainville.
96. The National Government and the autonomous Bougainville Government will
consult with a view to ensuring that Bougainville’s interests are taken into
account –
(a) in respect of privatization or changes to the legislative and
regulatory regime for telecommunications; and
(b) if the autonomous Bougainville Government wishes to increase the
powers and functions available to it in relation to
telecommunications in Bougainville,
bearing in mind available technology, the economic interests of other parts of
Papua New Guinea, and relevant aspects of national security.
97. In the event that the autonomous Bougainville Government sees a need to change
existing laws and policy or wishes to assume additional powers and functions in
respect of telecommunications, the autonomous Bougainville Government or the
National Government may refer the matter to the joint supervisory
body.
98. The joint supervisory body may, by agreement, appoint a panel of experts to
prepare a report, bearing in mind the mutual benefits Bougainville and the rest of
Papua New Guinea seek to pursue through their joint creation of the agreed
autonomy arrangement as a whole.
99. The membership of the panel will be mutually agreed; the costs will be shared;
the report, which will be submitted by an agreed date, may be tabled in the
National Parliament and the Bougainville legislature.
100. (a) Any proposal for a telecommunications carrier in Bougainville to develop
its own international links will be subject to the national legislative and
regulatory regime.
(b) Any differences between the autonomous Bougainville Government and
the National Government over such a proposal or a relevant provision of
the legislative and regulatory regime will be resolved through
consultation, the expert panel and, if differences persist, through the
agreed dispute resolution procedure.
7. TRANSFER OF POWERS AND FUNCTIONS
(a) PROCESS FOR TRANSFER
Initiating Transfers
101. Powers and functions will be transferred from the National Government to the
autonomous Bougainville Government, which will initiate the process, taking full
account of needs and capacity, by notifying and consulting the National
Government in advance.
Initial Powers and Functions
102. The autonomous Bougainville Government will be established with at least the
same powers and functions as the Bougainville Interim Provincial Government.
103. The Bougainville Interim Provincial Government will give the National
Government reasonable advance notice of any powers or functions to be
transferred or institutions to be established by or under the Bougainville
Constitution in the first twelve months after the establishment of the autonomous
Bougainville Government.
Notice of Additional Transfers
104. The autonomous Bougainville Government will give the National Government at
least twelve months notice of its intention to seek the transfer of any additional
power or function.
Implementation
105. (a) Closely linked powers and functions will be transferred together.
(b) Any differences over such links or transfers will be resolved through the
agreed dispute resolution procedure.
106. National laws will continue to apply in Bougainville until replaced by
Bougainville laws.
107. If the capacity or economic circumstances affecting the resources necessary for a
transfer of a power or function are such as to prevent effective exercise of that
power or function, then the National Government and the autonomous
Bougainville Government will consult with a view to preparing an agreed plan for
overcoming any difficulties.
108. If differences arise in reaching agreement, implementing a plan, or as to whether
the capacity or circumstances should delay the transfer, then either Government
may seek to resolve the issues in dispute through the agreed dispute resolution
procedures.
109. In addition to other agreed dispute resolution procedures, such procedures may
include an agreement to appoint a panel of independent experts to make
recommendations on issues concerning capacity or economic circumstances or the
content or implementation of a plan.
110. The panel of experts may make recommendations on whether failure to reach
agreement on capacity or economic circumstances or to implement a plan is on
reasonable grounds.
111. The report of the panel of experts may then be taken into account in the dispute
settlement process.
National and Regional Institutions and Services
112. (a) In any case of an institution or service which is organised on a regional or
National basis and either the National Government or the autonomous
Bougainville government believes that the personnel, assets or funding
associated with the institution or service cannot be readily divided on a
basis which is viable regionally, nationally and in Bougainville, then the
National Government and the autonomous Bougainville Government will
agree to:
(i) a plan for achieving a mutually acceptable division; and/or
(ii) an arrangement which ensures the existing organization
continues, together with guaranteed access for the
autonomous Bougainville Government and
Bougainvilleans.
(b) An arrangement to share access to or use of an institution or service
organised on a regional or National basis may make provision for
cost sharing.
(c) The above is not intended to prevent the autonomous Bougainville
Government from establishing and supporting similar institutions or
services of its own.
113. If differences arise over whether personnel, assets or funding of an institution or
service can be readily divided or in agreeing or implementing a plan or agreement
for shared access or use, they will be resolved through the agreed dispute
resolution procedure.
Delegation of Powers over Public Service, Police and CIS
114. (a) Agreed arrangements for the delegation of powers over the Public Service,
Police and CIS in Bougainville will be implemented by the National
Government immediately on request from the Bougainville Interim
Provincial Government (in consultation with the Bougainville People’s
Congress) or, when it is established, the autonomous Bougainville
Government.
(b) The autonomous Bougainville Government may exercise its powers to
establish a Bougainville Public Service, Police and CIS when agreed plans
have been implemented.
Agreed Plans for Implementation
115. The National Government and the autonomous Bougainville Government will
jointly prepare agreed plans for co-operating in implementing the transfer of
powers and functions for which the autonomous Bougainville Government will
become responsible.
116. (a) The agreed plans will be made up of criteria, indicators and targets of
capacity and resources available to or required by the autonomous
Bougainville Government that should be taken into account in making
proper preparations for the transfer of particular powers and functions.
(b) Agreed plans in relation to the transfer of powers and functions over
Police may provide for transfer to be gradual.
(b) ASSOCIATED ARRANGEMENTS
National Government Assets and Land
117. National Government assets and land will be transferred to the autonomous
Bougainville Government at the same time as the powers and functions with
which they are associated.
118. The National Government will have the right to retain such assets and land as
may be required for its continuing responsibilities in relation to the same powers
and functions.
119 The future of other National Government assets and land will be subject to future
negotiation.
Privatisation Issues
120. The National Government will use its best endeavours to ensure that any future
privatisation takes account of the agreed autonomy arrangements.
121. The National Government will use its best endeavours to ensure that any future
privatisation takes account of the need to rebuild the infrastructure of
Bougainville following the crisis, and may take steps to ensure that community
service obligations relating to Bougainville, including restoration and
development, are recognised by purchasers of privatised assets in Bougainville.
122. The National Government will use its best endeavours to ensure that potential
purchasers are made aware of the capacity of the autonomous Bougainville
Government to develop laws and policies that might impact on the operation of
proposed privatised enterprises, and of the sensitive nature of unresolved issues
regarding the economic and property rights of Bougainvilleans and their ability to
participate in economic activity in Bougainville.
8. Human Rights
123. The autonomous Bougainville Government will have the power to provide
additional guarantees of human rights in Bougainville, which do not abrogate the
human rights provisions in the National Constitution.
124. The autonomous Bougainville Government will have the power to establish
mechanisms for enforcement of human rights that do not abrogate the human
rights provisions in the National Constitution.
125. The autonomous Bougainville Government will have the power to qualify human
rights incidental to the exercise of its powers and functions under Section 38 of
the National Constitution, except in relation to ‘defence’.
126. Proceedings for the enforcement of human rights by residents of Bougainville
may be commenced in Bougainville courts or institutions or the National Court.
127. The Supreme Court will remain the final court of appeal on human rights matters.
128. The National Government and the autonomous Bougainville Government will
establish a joint commission to examine and report on the issues that would be
involved in giving the autonomous Bougainville Government power to make laws
permitting courts or Councils of Elders to require clan-groups to which persons
convicted of criminal offences belong to meet customary, non-custodial
obligations.
129. The terms of reference for the commission will direct it to have full regard for:
(a) the aspirations of Bougainvilleans for the integration of custom
and introduced law;
(b) the national human rights regime;
(c) the justice system in Bougainville and Papua New Guinea as a
whole; and
(d) the international human rights system and other relevant aspects of
international law.
130. The joint commission will be established at the initiative of either Government;
its membership will be mutually agreed; the costs of the commission will be
shared.
131. The commission’s report, which will be submitted by an agreed date, will be
tabled for consideration in the National Parliament and the Bougainville
legislature.
132. The National Government and the autonomous Bougainville Government will
inform one another of the outcome of the debates in their respective legislatures,
and co-operate in giving effect to mutually acceptable, practical follow-up action,
as may be appropriate, through consultation, the joint supervisory body or the
agreed five-yearly reviews.
133. The above procedures may also be used to follow-up on doubts about whether the
autonomous Bougainville Government has power under the existing human rights
provisions to make laws regulating or restricting the qualified rights other than
laws made in accordance with Section 38 of the National Constitution.
9. Financial Arrangements
(a) Basic Principles
134. The autonomous Bougainville Government will have sufficient revenue-raising
powers available to it to become financially self-reliant.
135. Bougainville will continue to make a fair contribution to National Government
costs – before fiscal self-reliance, through the National Government retaining
control over company tax, Value Added Tax and customs duties in Bougainville;
and after self-reliance, through a revenue-sharing formula.
136. Except as otherwise provided the additional costs involved in establishing and
maintaining the agreed autonomy arrangements will be shared between the
autonomous Bougainville Government and the National Government.
(b) Taxation
137. The National Government will support the autonomous Bougainville Government
in moving towards the goal of fiscal self-reliance, defined as the year in which the
revenue from company tax, 70 per cent of Value Added Tax and customs duties is
equal to the value of the recurrent grant on a sustainable basis.
138. (a) Revenue from company tax, customs duties and 70 per cent of Value
Added Tax collected in Bougainville will go to a trust account for
Bougainville and be credited against the recurrent grant at least until
Bougainville achieves financial self-reliance.
(b) "Company tax" is understood for this purpose as tax on profits of
companies whose principal place of business or main business activity is
in Bougainville.
139. (a) When the autonomous Bougainville Government achieves fiscal selfreliance,
revenues from these sources (in excess of the costs of recurrent
activities calculated in accordance with the recurrent grant formula) will
be shared between the National Government and the autonomous
Bougainville Government so as contribute to both National and
Bougainville development.
(b) The 5-yearly reviews of financial arrangements should be used to consider
the issues involved in revenue sharing.
140. The National Government will continue to impose and collect personal income
tax in accordance with the provisions below until such time as restoration is
achieved.
141. (a) Revenue from personal income tax collected from Bougainville will be
paid directly to a trust account for the autonomous Bougainville
Government and distributed to the autonomous Bougainville Government
on its request to be used to support development in Bougainville.
(b) The autonomous Bougainville Government will have the power to adjust
the rate of personal income tax to apply in Bougainville by no more than
five per cent.
142. The autonomous Bougainville Government will assume the powers and functions
to impose, set rates of, and collect personal income tax when restoration is
achieved.
143. Revenues from all other existing National Government taxes (including 30 per
cent of Value Added Tax) collected in Bougainville will be paid direct to the
autonomous Bougainville Government
144. The National Government will retain the power to set rates for company tax,
Value Added Tax and customs. But after fiscal self reliance the autonomous
Bougainville Government will have power to set rates and collect company tax;
provided that the effective rates of company tax will not vary from the National
Government’s rate by more than five percentage points.
145. The autonomous Bougainville Government will have power to set rates or
establish its own tax regime for all other existing National Government taxes (e.g.
export tax, excise) and all taxes that have been available to provincial
governments under the National Constitution.
146. The Internal Revenue Commission will initially collect all taxes for the
autonomous Bougainville Government but the autonomous Bougainville
Government will have the power to establish its own tax office to collect
Bougainville taxes as well as, by agreement, company tax, Value Added Tax, and
customs duties.
147. The autonomous Bougainville Government will be eligible for tax incentives
available in the Income (Company) Tax Act.
148. Both the National Government and the autonomous Bougainville Government
will have the right to audit taxes paid into the above trust accounts or collected on
behalf of the other.
(c) Grants System
149. Until the autonomous Bougainville Government becomes fiscally self-reliant, the
National Government will provide grants to the autonomous Bougainville
Government, including the following kinds of grants:
(a) recurrent unconditional grants;
(b) restoration and development grants;
(c) specific purpose conditional grants, including the recurrent grant
for policing; and
(d) the one-off Establishment Grant.
150. As the autonomous Bougainville Government’s revenue increases, grants will
decrease according to an agreed set of factors.
(d) Recurrent grants
151. The autonomous Bougainville Government will receive an annual unconditional
grant to cover the recurrent costs of functions for which it is responsible including
funding of newly transferred powers and functions, based on their costs.
152. The funding of maintenance and operational costs of former development projects
will be subject to consultation when funding is sought for new projects.
153. These consultations will be based on mutual recognition of constraints on the
National Government, the particular situation in Bougainville during the early
phases of restoration, and cost sharing
154. The grant will be adjusted annually in the same manner as annual grants for a
provincial government activity under the Organic Law on Provincial Governments and Local-level Governments - that is, by the percentage increase or
decrease in the cost of living or by the percentage increase or decrease in the
payments to the Consolidated Revenue Fund in the year two years before the year
of grant.
155. The calculation and timely payment of the grant will be guaranteed by law (debt
servicing and salary obligations must be paid first).
156. The grant will be cut only if seriously adverse economic conditions arise,
requiring "across the board" cuts to the National Budget and by no more than the
average of these cuts.
157. In years when overall public expenditures increase, the National Government will
do its best to increase the recurrent grant to balance any cuts in previous years.
158. The autonomous Bougainville Government will have full control over use of this
grant.
159. The autonomous Bougainville Government will prepare plans and consult the
National Government in cases where it wants to reallocate funds in ways which
affect the continued employment of public servants or other forward
commitments.
(e) Resoration and Development Grant
160. The autonomous Bougainville Government will receive an annual restoration and
development grant no less than the 2001 Public Investment Programme (PIP) and
adjusted upwards pro rata in accordance with the National PIP averaged over a
rolling five year period.
161. An agreed Bougainville-controlled mechanism, including both Bougainville and
National Government representation, will be established to coordinate the
restoration and development program in Bougainville.
162. The National Government representation in that mechanism will be subject to
review in the future review process.
(f) Conditional Grants
163. The National Government may offer to the autonomous Bougainville
Government, conditional grants, for purposes:
(a) proposed by the National Government after consultation with the
autonomous Bougainville Government and implemented after
consultation and agreement between the Governments; or
(b) provided for in this Agreement.
(g) Borrowings - Revenue Raisings
164 The autonomous Bougainville Government will have the power to raise loans
after consultation with the National Government.
165. Domestic borrowing by the autonomous Bougainville Government will comply
with Central Bank regulation of the banking system.
166. Overseas borrowings will require Central Bank approval.
167. Any proposed deficit in the Bougainville budget will require approval of the
National Government Minister responsible for financial matters.
(h) ESTABLISHMENT GRANT
168. The National Government will mobilise funds for a ‘one-off’ establishment grant
to the autonomous Bougainville Government, which may disburse it over more
than one year.
169. The establishment grant will be additional to all other grants.
170. The autonomous Bougainville Government will use the revenue raised from
personal income tax and excise in Bougainville in the first year of autonomy as
counterpart funding for the establishment grant.
171. This revenue will be used for development purposes decided by the autonomous
Bougainville Government.
(i) FOREIGN AID
172. The agreed arrangements for foreign relations will also apply to foreign aid
(consultation mechanism, and Bougainville representation on delegations).
173. The National Government will do its best to obtain foreign aid to support
restoration and development in Bougainville, and to facilitate the autonomous
Bougainville Government’s participation in managing aid projects.
174. The autonomous Bougainville Government will be able to obtain foreign aid.
175. The National Government will approve foreign aid secured by the autonomous
Bougainville Government, which does not reduce the value of aid already
available to Papua New Guinea – and subject to overriding foreign policy
considerations.
176. The autonomous Bougainville Government will keep the National Government
fully informed of its efforts to obtain foreign aid.
177. The National Government will co-operate with the autonomous Bougainville
Government by negotiating such international agreements as may be required to
finalise foreign aid prospects identified by the autonomous Bougainville
Government.
(j) Fiscal Accountability
178. The National Constitution will set out the requirements within which the
Bougainville Constitution will establish a framework for orderly management of
the autonomous Bougainville Government’s financial and other resources.
179. This framework will include requirements that the autonomous Bougainville
Government will do the following in accordance with law:
(a) raise revenues, including loans, and manage National Government
grants;
(b) approve and administer annual budgets (and, where appropriate,
supplementary budgets), comprising estimates of revenue and
expenditure, and appropriations for the main functions of
government;
(c) make expenditures;
(d) maintain proper transparent and accurate accounts, compatible
with international standards;
(e) ensure that accounts are subject to regular audits additional to
audits by the National Auditor-General (or his agents); and
(f) provide for a public accounts committee in the Bougainville
legislature, which shall receive, consider and make
recommendations on auditors’ reports.
180. The National Public Finance Management Act will continue to apply to the
autonomous Bougainville Government’s finances until and unless the autonomous
Bougainville Government makes a Bougainville law (or laws) in accordance with
the framework for management of financial and other resources.
181. The Bougainville Constitution may make provision for exceptional circumstances
in which the autonomous Bougainville Government may find it necessary to raise
revenues or make public expenditures without the Bougainville legislature’s prior
approval (for example, if the budget for a particular year is not passed in good
time).
182. Grants provided to the autonomous Bougainville Government will be
subject to
audit by the Auditor-General established under the National Constitution.
(k) FOLLOW-UP TO AUDITS
183. Should any audit carried out by the National Government pursuant to this
agreement disclose systematic and widespread abuse (or misuse) of funding
provided to the autonomous Bougainville Government by way of Recurrent or
Conditional Grant then the following steps will take place -
(a) the National Government will advise the autonomous Bougainville
Government of the details of the abuse;
(b) the autonomous Bougainville Government will immediately
investigate the concerns raised by the National Government and
will take appropriate steps to remedy the situation as soon as is
reasonably possible;
(c) should the autonomous Bougainville Government, after
investigation, disagree with the National Government’s concerns or
if the National Government is not satisfied with the response of the
Bougainville Government they will consult with each other to
resolve the differences;
(d) if the consultations do not resolve the matter the National Auditor
General and the auditor responsible for auditing accounts on behalf
of the autonomous Bougainville Government will consider the
matters in question and provide a report making joint
recommendations to resolve these matters;
(e) the autonomous Bougainville Government will implement the
reasonable joint recommendations of both auditors to their
satisfaction;
(f) if the autonomous Bougainville Government fails to attend to the
recommendations within a reasonable time, the National
Government may withhold the further release of funds (other than
the costs of essential services, such as salaries and medical
supplies) until such time as the recommendations have been
attended to;
(g) should the National Government or the autonomous Bougainville
Government disagree on reasonable grounds as to the
recommendations, or should there be a dispute as to whether the
autonomous Bougainville Government has implemented the
recommendations, recourse may be had to the agreed dispute
resolution procedures.
10.Personnel
(a) Provisions applying generally to Public Service, Police, and
correctional Institutional Services
Implementation as Packages
184. The agreed arrangements for the Public Service, Police and Correctional
Institutional Services (CIS) in Bougainville will each be implemented as a
package.
Application to Other Bodies
185. The arrangements applying to the Bougainville Public Service will also apply to
the Teaching Service and all public authorities established by the autonomous
Bougainville Government (except where special arrangements have been agreed
to apply to Police and CIS).
Constitutional Basis
186. The National Constitution will be amended to allow the autonomous Bougainville
Government to establish and to make laws regarding a Bougainville Public
Service, Police and Bougainville equivalent to the CIS (‘Bougainville CIS’)
consistent with this Agreement.
187. The Heads of the Bougainville Public Service, Police and CIS will be responsible
to the autonomous Bougainville Government through a Minister (or equivalent)
appointed under the Bougainville Constitution.
Recruitment, Employment and Industrial Relations
188. Bougainville law will provide for recruitment and terms and conditions of
employment for the Bougainville Public Service, Police and CIS to be based on
individual merit.
189. Bougainville will accept the National industrial relations system.
Oath of Allegiance
190. Members of the Bougainville Public Service, Police and CIS will swear allegiance
to the Head of State of Papua New Guinea.
National Public Service, Police and CIS
191. The Papua New Guinea Public Service, Police and CIS will remain national
organizations, which recruit throughout Papua New Guinea.
Co-operative Arrangements
192. The National Government and the autonomous Bougainville Government will
agree to arrangements to:
(a) facilitate transfers, secondment and exchanges of personnel;
(b) provide for core training and personnel development programmes,
together with utilization of common training facilities throughout
Bougainville and the rest of Papua New Guinea; and
(c) provide for regular consultations between the most senior officers
responsible for Public Service, Police and CIS matters in the
National Government, the autonomous Bougainville Government
and Provincial Governments, and other senior officers.
(b) PUBLIC SERVICE
Control
193. The Bougainville Public Service will be subject only to the control of the
autonomous Bougainville Government through a Minister (or equivalent) of that
Government.
Bougainville Law
194. (a) Bougainville law will provide for standards for management and control
of public servants, work value criteria and standards for pay
determination, as well as classification and grade structure compatible
with those of the National Public Service.
(b) Bougainville laws on the above will be made following consultations with
the National Government.
195. The National Government and the autonomous Bougainville Government,
through their respective Ministers and responsible Public Service Heads, will
consult with a view to reaching agreement before general pay increases which
will impact on the National and Bougainville budgets.
196. The autonomous Bougainville Government will consult the National Government
before making or amending the Bougainville Public Service General Orders (or
their equivalent).
Institutional Arrangements
197. The autonomous Bougainville Government will consult the Head of the National
Government Department responsible for National Public Service personnel
matters before appointing the most senior Public Servant responsible for Public
Service matters in Bougainville.
Information and Monitoring
198. (a) The National Government will monitor developments in the Bougainville
Public Service.
(b) The autonomous Bougainville Government will keep the National
Government informed about developments in the Bougainville Public
Service, including proposed changes of policy and budgetary allocations
for personnel, and facilitate monitoring by the National Government.
Constitutional Provisions for Appeal and Review of Public Service Matters
199 (a) The Bougainville Constitution will make provision for an independent
body which will be responsible for reviewing decisions on personnel
matters in relation to the Bougainville Public Service.
(b) The autonomous Bougainville Government will meet the costs of this
body.
National Public Service Offices in Bougainville
200. The National Public Service will continue to establish positions and transfer
personnel to Bougainville to carry out National powers and functions.
201. The autonomous Bougainville Government will co-operate with the National
Government to ensure that such positions and personnel can be filled and operate
efficiently and effectively.
Phased Implementation Plan, Interim Arrangements and Transitional Period
202. Until such time as the autonomous Bougainville Government establishes the
Bougainville Public Service, the National Government will facilitate progress
towards greater autonomy in the management of the Public Service in
Bougainville through delegations by the Departmental Head responsible for
Personnel Management matters in the National Public Service, to the
Bougainville Administrator under current legislation.
203. These transitional arrangements will be implemented on receipt of a request from
the Bougainville Interim Provincial Government or the autonomous Bougainville
Government.
204. The National Government and the autonomous Bougainville Government will
develop a recruitment and training plan for building Public Service capacity in
Bougainville.
205. On the coming into force of the law establishing the Bougainville Public Service,
a mutually agreed transitional period will be effected by the Act, during which
period serving public servants will remain as members of the National Public
Service. On conclusion of the transitional period, all of those public servants will
become members of the Bougainville Public Service, other than any who choose
not to leave the National Public Service. The National Government will be
responsible for the accrued rights and entitlements of transferred public servants
to the point of transfer. Those rights and entitlements will be fully portable.
206. During the transitional period, the National Public Service and the Bougainville
Public Service will give proper consideration to the transfer of public servants in
Bougainville who may wish to serve elsewhere in Papua New Guinea and the
integration or secondment into the Bougainville Public Service of those members
of the National Public Service who wish to continue to serve in the Bougainville
Public Service.
207. (a) During the transitional period, the Bougainville Administrator, in
consultation with the Secretary of the Department of Personnel
Management, will plan for implementation of the Bougainville Public
Service, including determination of:
(i) organization structures;
(ii) terms and conditions;
(iii) General Orders; and
(iv) manpower budgets.
(b) The transitional arrangements will include the development and
publication of Bougainville General Orders to be executed by the
Bougainville Administrator under powers of delegation granted under the
Public Services (Management) Act.
208. The plan will be subject to the authority of the autonomous Bougainville
Government.
209. The National Public Services (Management) Act, together with Bougainville
General Orders, will apply in Bougainville until the autonomous Bougainville
Government makes and implements equivalent legislation or General Orders of
its own.
(c) POLICE
Control and Command
210. The Bougainville Police will be subject only to the control of the autonomous
Bougainville Government through a Minister (or equivalent) of that Government.
211. The Bougainville Police will not be subject to command except in accordance
with Bougainville law.
Head of Bougainville Police
212. (a) The Head of the Bougainville Police will be appointed and subject to
removal for just cause by an independent commission established under
the Bougainville Constitution, which will include two representatives of
the National Government, one of whom will be the Commissioner of the
Royal Papua New Guinea Constabulary (RPNGC) or his nominee.
(b) The head of the Bougainville Police will have a title other than
Commissioner, and hold a rank below that of Commissioner of the
RPNGC.
Functions of Bougainville Police
213. The Bougainville Police will be responsible for preserving peace and good order
and maintaining and, as necessary, enforcing both National and Bougainville laws
in an impartial and objective manner, and with full regard for human rights.
214. The National Government and the autonomous Bougainville Government will
agree to arrangements for maintaining and enforcing National laws.
215. The National Government (working, where appropriate, through the RPNGC) will
inspect and audit compliance of the Bougainville Police in respect of maintaining
and enforcing National laws.
216. The autonomous Bougainville Government will facilitate these inspections and
audits.
217. Any differences about agreed arrangements will be resolved through the agreed
dispute resolution procedures.
Role of RPNGC
218. The RPNGC may itself exercise its functions in Bougainville.
219. The autonomous Bougainville Government and the Bougainville Police, and the
National Government and the RPNGC, will develop appropriate agreed
arrangements to facilitate the exercise of those functions.
220. The autonomous Bougainville Government and the Bougainville Police will
provide all reasonable assistance to the RPNGC in the exercise of those functions.
221. The parties accept that the National Government has no immediate plans to
redeploy Police Mobile Units or similar units to Bougainville after they have been
withdrawn in accordance with the agreed weapons disposal plan.
222. After phased withdrawal, RPNGC Police Mobile Units or similar units will be
deployed to Bougainville only after consultation (through procedures appropriate
to the urgency of the particular situation) and consensus is reached between the
National Government and the autonomous Bougainville Government in support
of that deployment.
223. The Bougainville Police will not develop the equivalent of an armed Police
Mobile Unit.
Training, Rank Structure and Uniforms of Bougainville Police
224. Bougainville law for the Bougainville Police will provide for the following:
(a) core training and personnel development arrangements consistent
with those of the RPNGC; and
(b) rank structure, and terms and conditions of employment consistent
with those of the RPNGC.
225. The uniforms, vehicles, premises and stationery of the Bougainville Police will
include the National Emblem or name.
Co-operative Policing
226. The co-operative arrangements for the Bougainville Police will include:
(a) mutual assistance in law enforcement;
(b) compatible policing standards, procedures and equipment,
including co-operative procurement arrangements.
227. The Bougainville Police and the RPNGC will develop agreed arrangements for
continuing access by the Bougainville Police to specialist services (for example,
forensic, criminal investigation, etc.) and other support from the RPNGC.
228. The parties recognise that these agreed policing arrangements will require a
balance between the following needs:
(a) for the fundamentals of criminal law to be consistent and capable
of consistent enforcement throughout Papua New Guinea; and
(b) for Bougainville to be able to develop its own approaches to
criminal law.
Funding
229. (a) The National Government will provide the autonomous Bougainville
Government with funding by way of guaranteed annual conditional grants
for the specific purpose of meeting the recurrent costs of policing in
Bougainville.
(b) The minimum grant will be sufficient to support existing levels of police
activities in Bougainville.
(c) The grant will be adjusted annually on the same basis as the adjustment of
the recurrent grant.
230. The National Government will provide the autonomous Bougainville Government
with guaranteed conditional grants intended to:
(a) restore civilian peacetime policing in Bougainville, one measure to be the
reaching of normal levels of policing elsewhere in Papua New Guinea,
such funding to be taken into account in the calculation of the amount of
the grant for recurrent costs of policing in subsequent years;
(b) provide for further development of policing services in Bougainville.
231. Grants to the autonomous Bougainville Government in relation to policing will be
taken into account when determining progress towards fiscal self-reliance by the
autonomous Bougainville Government.
232. The additional costs of establishing and maintaining the Bougainville Police
outside the RPNGC will be equitably shared between the National Government
and the autonomous Bougainville Government.
Emergencies and Other Support
233. The Bougainville Police and the autonomous Bougainville Government will
maintain order and enforce the law on behalf of Bougainville and the State as a
whole and shall seek support and assistance from other appropriate state agencies
to deal with threats or situations in which that support or assistance is required.
234. On the request of the autonomous Bougainville Government, the RPNGC may
deploy additional police to assist the Bougainville Police.
Transitional Arrangements for Bougainville Policing
235. (a) Until such time as the autonomous Bougainville Government establishes
the Bougainville Police under the Bougainville Constitution, the National
Government will facilitate progress towards greater autonomy in the
policing arrangements in Bougainville through delegations by the Police
Commissioner of administrative and operational powers and functions to
the Provincial Police Commander in Bougainville.
(b) These arrangements will be implemented on receipt of a request from the
Bougainville Interim Provincial Government.
236. The Bougainville Police will initially be made up of RPNGC personnel who will
serve on a basis to be agreed.
237. (a) The RPNGC Commissioner will consult the executive of the autonomous
Bougainville Government on the appointment of the Police Commander in
Bougainville and appoint their nominee.
(b) The National Government will make the delegations of administrative and
operational powers and functions in such a way that the Commander is, in
practice, responsible (through a Minister or equivalent) to the Bougainville
Interim Provincial Government, and, when it is established, the
autonomous Bougainville Government.
238. The National Government and the autonomous Bougainville Government will
develop a recruitment and training plan for building Bougainville Police capacity.
239. The RPNGC and the Bougainville Police will give reasonable consideration to
the transfer of RPNGC personnel in Bougainville who wish to serve elsewhere in
Papua New Guinea and the integration or secondment into the Bougainville
Police of those members of the RPNGC who wish to serve in the Bougainville
Police.
240. The National Police Act will continue to apply in Bougainville, subject to
necessary modifications, until the autonomous Bougainville Government passes
its own legislation concerning police.
(d) CORRECTIONAL INSTITUTIONAL SERVICES
Control
241. The Bougainville CIS will have the same relationship with the autonomous
Bougainville Government as the National CIS has with the National Government.
Head of Bougainville CIS
242. (a) The Head of Bougainville CIS will be appointed and subject to removal
for just cause by an independent commission established under the
Bougainville Constitution, which will include two representatives of the
National Government, one of whom will be the Commissioner of the
National CIS or his nominee.
(b) The Head of the Bougainville CIS will have a title other than
‘Commissioner’, and hold a rank below that of Commissioner of the
National CIS.
Functions of Bougainville CIS
243. The Bougainville CIS will be responsible for containing and rehabilitating
offenders on behalf of the National Government and the autonomous Bougainville
Government in accordance with law and Papua New Guinea’s international
obligations, including humane treatment of prisoners and respect for human
rights.
244. The National Government and the autonomous Bougainville Government will
agree to arrangements for co-operating in the containment, rehabilitation and
transfer of prisoners, including escapees, held under one another’s laws.
245. The National Government (working, where appropriate, through the National
CIS) will inspect and audit compliance of the Bougainville CIS in respect of
maintaining and enforcing National standards and laws.
246. The autonomous Bougainville Government will facilitate these inspections and
audits.
247. Any differences about agreed arrangements will be resolved through the agreed
dispute resolution procedures.
Training, Rank Structure and Uniforms of Bougainville CIS
248. Bougainville law for the Bougainville CIS will provide for the following:
(a) core training and personnel development arrangements consistent
with those of the National CIS; and
(b) rank structure, and terms and conditions of employment consistent
with those of the National CIS.
249. The uniforms, vehicles, premises and stationery of the Bougainville CIS will
include the National Emblem or name.
Co-operation
250. (a) The co-operative arrangements for the Bougainville CIS will promote
compatible professional standards, including procedures concerning
storage, access and use of weapons.
(b) The Bougainville CIS and the National CIS will co-operate in weapons
procurement; the Bougainville CIS will not have high-powered weapons.
251. (a) The Bougainville CIS and the National CIS will develop agreed
arrangements for continuing access by the Bougainville CIS to specialist
services and exchanges (for example, training, riot drills, exchanges of
personnel for professional development within Papua New Guinea and
internationally).
(b) The National CIS may deploy personnel to Bougainville on receipt of a
request for assistance from the Bougainville CIS.
252. The parties recognise that these agreed CIS arrangements will require a balance
between the following needs:
(a) for consistent standards and application throughout Papua New
Guinea; and
(b) for Bougainville to be able to develop its own approaches to
containment and rehabilitation of offenders.
Funding
253. The recurrent costs of the Bougainville CIS will be met from the annual
unconditional recurrent grant to the autonomous Bougainville Government.
254. The National Government will provide the autonomous Bougainville
Government with guaranteed conditional grants intended to:
(a) support restoration of civil authority in Bougainville, one measure
to be the reaching of normal levels of CIS elsewhere in Papua New
Guinea, such funding to be taken into account in the calculation of
the amount of the recurrent grant in subsequent years;
(b) provide for further development of CIS in Bougainville.
255. The additional costs of establishing and maintaining the Bougainville CIS outside
the National CIS will be equitably shared between the National Government and
the autonomous Bougainville Government.
Transitional Arrangements for Bougainville CIS
256. (a) Until such time as the autonomous Bougainville Government establishes
the Bougainville CIS under the Bougainville Constitution, the National
Government will facilitate progress towards greater autonomy in the CIS
arrangements in Bougainville through delegations by the CIS
Commissioner of administrative and operational powers and functions to
the Provincial CIS Commander in Bougainville.
(b) These arrangements will be implemented on receipt of a request from the
Bougainville Interim Provincial Government or the autonomous
Bougainville Government.
257. The Bougainville CIS will initially be made up of National CIS personnel who
will serve on a basis to be agreed, subject to the availability of funding.
258. (a) The National CIS Commissioner will consult the executive of the
autonomous Bougainville Government on the appointment of the CIS
Commander in Bougainville and appoint their nominee.
(b) The National Government will make the delegations of administrative and
operational powers and functions in such a way that the Commander is, in
practice, responsible (through a Minister or equivalent) to the Bougainville
Interim Provincial Government, and, when it is established, the
autonomous Bougainville Government.
259. The National Government and the autonomous Bougainville Government will
develop a recruitment and training plan for building capacity of the Bougainville
CIS.
260. The National CIS and the Bougainville CIS will give reasonable consideration to
the transfer of National CIS personnel in Bougainville who wish to serve
elsewhere in Papua New Guinea, and the integration or secondment into the
Bougainville CIS of those members of the National CIS who wish to serve in the
Bougainville CIS.
261. The National Correctional Service Act will continue to apply in Bougainville,
subject to necessary modifications, until the autonomous Bougainville
Government passes its own legislation concerning CIS.
262. The autonomous Bougainville Government will assume responsibility for CIS in
conjunction with assuming responsibility for Police.
11. INTERGOVERNMENTAL RELATIONS
Joint Supervisory Body
263. The autonomous Bougainville Government and the National Government will
consult over implementation of autonomy through a joint supervisory body,
which will also be used to consult with a view to resolving any disputes.
264. The joint supervisory body (whose name will be mutually determined) will
consist of equal numbers of members representing the National Government and
the autonomous Bougainville Government; its functions will be to:
(a) oversee implementation of arrangements for the establishment and
operation of the autonomous Bougainville Government;
(b) prepare draft legislation to further the objectives of this
Agreement;
(c) finalise matters of detail; and
(d) resolve any differences or disputes.
Settling Disputes
265. The autonomous Bougainville Government and the National Government will try
to resolve disputes by consultation, or, where required, through mediation or
arbitration.
266. If a dispute cannot be resolved in one of the above ways, then it may be taken to
court.
267. The details of dispute resolution procedures, including their application to
particular provisions, will be specified and integrated during drafting of
Constitutional Laws to give legal effect to this Agreement.
No Suspension or Withdrawal of Powers
268. The National Government will not have the power to withdraw powers from the
autonomous Bougainville Government or suspend it.
Consultations
269. If consultation is required it will proceed through the following steps:
(a) timely communication of views in writing to a specified point of
contact;
(b) adequate opportunity to respond in a similar way;
(c) where there are differences, meaningful exchange of views within
an adequate, agreed or specified time-frame, either orally or in
writing, with a view to reaching agreement; and
(d) clear, written record of outcome (either agreement or different
views), provided for all parties.
12. STATES OF EMERGENCY
270. The Bougainville Constitution will specify the procedures which the autonomous
Bougainville Government will follow in dealing with situations in Bougainville
similar to those covered in the emergency provisions of the National Constitution.
271. In circumstances where it is necessary to declare a state of emergency in
Bougainville, the autonomous Bougainville Government will be responsible for
initiating a request.
272. The National Government and the autonomous Bougainville Government will cooperate
in the management of a declared state of emergency.
273. If it is necessary to declare a state of emergency in Bougainville and the
autonomous Bougainville Government fails to initiate a timely request, the
National Government will use its best endeavours to consult the autonomous
Bougainville Government.
274. Only if the situation is urgent and consultation is not practicable will the National
Government be able to declare a state of emergency in Bougainville.
275. The parties acknowledge that the power to initiate and declare states of
emergency which apply nationally, or substantially in other parts of Papua New
Guinea or in relation to a declared war will remain a National Government
responsibility (states of emergency which apply only in other parts of Papua New
Guinea will not be affected by this agreement).
13. JUDICIARY
Bougainville Courts
276. The National Constitution will be amended to allow the Bougainville Constitution
to provide for the establishment within the National Judicial System of courts and
tribunals in Bougainville ranging from courts with a similar jurisdiction to Village
Courts to a court of similar jurisdiction to the National Court.
277. The name "National Court" shall not be used for any Court established by
Bougainville.
278. The highest court in Bougainville will have such jurisdiction, consistent with the
agreed autonomy arrangements, as may be provided under the Bougainville
Constitution.
Jurisdiction of Bougainville Courts
279. Until Bougainville establishes a court of similar jurisdiction to the National Court
with power to hear cases under the Criminal Code, the application and
enforcement of the Criminal Code will remain solely with the National Court.
280. Subject to these arrangements, laws made by the National and Bougainville
Governments will be enforceable in one another’s courts.
281. The highest Court established under Bougainville law will have the power to
make orders in the nature of prerogative writs and such other orders as are
necessary to do justice in the circumstances of a particular case.
282. The National Government and the autonomous Bougainville Government will
consult with a view to legislating for Bougainville courts and tribunals to exercise
additional jurisdiction under National law.
Appeals
283. The highest Bougainville Court may have the power to review the exercise of
judicial authority by courts and tribunals established under Bougainville law.
284. The National Court will remain an alternative court of review and appeal (that is,
alternative to the highest appeal court in Bougainville; but not vice-versa)
285. The Supreme Court of Papua New Guinea will be the final court of appeal for
Bougainville.
Interpretation of National Constitutional Provisions and of Bougainville
Constitution
286. The Bougainville Constitution may provide that questions of interpretation of the
Bougainville Constitution will be taken directly to the highest Bougainville court,
and may be appealed to the Supreme Court.
287. Questions of interpretation of the agreed autonomy arrangements in the National
Constitution or Organic Laws will be taken directly to the National or Supreme
Court, as appropriate.
Appointment of Judges for Bougainville Courts
288. Appointment and removal of Bougainville judges will be non-political, with two
representatives of the National Judicial and Legal Services Commission serving
on the appointments body
Operation of National Judicial System
289. The National Judicial System will continue to carry out its responsibilities in
Bougainville.
290. The autonomous Bougainville Government will provide all reasonable assistance
to the National Judicial System in the exercise of its functions.
291. The National and Bougainville Court administrations will cooperate with one
another.
292. Appointments to the National Judiciary will be open to qualified persons from
throughout Papua New Guinea.
Phased Implementation Plan
293. The National Government and the autonomous Bougainville Government will
develop and implement a plan for restoring and building the capacity of courts in
Bougainville, including courts at village level, as provided in the Lincoln
Agreement.
Costs of Establishing Bougainville Courts
294. The autonomous Bougainville Government will meet the costs of establishing
courts of its own above the level of the District Court as well as special tribunals.
14. CRIMINAL LAW
295. The autonomous Bougainville Government will have power to:
(a) create and set penalties for offences incidental to the exercise of its
agreed powers and functions; and
(b) amend the Summary Offences Act and all other laws relating to
criminal law as they apply in Bougainville, or to make equivalent
laws of its own (the Criminal Code may only be amended as
provided in the next paragraph).
296. The Criminal Code will be adopted by the autonomous Bougainville Government
and may only be amended in its application to Bougainville on the following
basis:
(a) change to principles of the criminal law shall be evolutionary;
(b) there will be no wholesale changes to the coverage of subjects by
the criminal law;
(c) there will be no amendment of the Criminal Code without proper
consultation with the National Government;
(d) the autonomous Bougainville Government and the National
Government will establish a joint working group on Criminal Law
to develop changes that work for both Bougainville and the rest of
Papua New Guinea;
(e) amendments to the Criminal Code by the autonomous
Bougainville Government will be gazetted but will not come into
effect without the agreement of the National Government;
(f) the National Government may require further negotiation should it
not accept the proposals for amendments made by the autonomous
Bougainville Government; and
(g) the agreed dispute resolution procedures will apply.
297. In the longer term, the autonomous Bougainville Government may seek to
develop its own Criminal Code in consultation with the National Government,
which will come into effect only upon the agreement of the National Government.
15. REGULAR REVIEWS OF AUTONOMY ARRANGEMENTS
298. The autonomous Bougainville Government and the National Government will
jointly review the autonomy arrangements every five years and present the report
of the review to the National Parliament and the Bougainville legislature.
299. The five-yearly, joint review of the autonomy arrangements will follow and
consider separate reviews by independent experts of particular aspects, including:
(a) the financial arrangements – grants, taxes and progress towards
financial self-reliance;
(b) the Bougainville public services and other aspects of public sector
administration in Bougainville – inclusive of size, efficiency,
effectiveness, and related matters;
(c) technical and legal aspects, including issues arising from judicial
interpretation, and the distribution of powers and functions; and
(d) such other areas as the autonomous Bougainville Government and
the National Government may agree.
300. The terms of reference for the reviews will specify that, unless otherwise agreed,
they are intended to improve, clarify and strengthen the autonomy arrangements
consistently with the objectives and principles in this Agreement
301. The Governments may, by agreement, defer the specialist reviews or incorporate
the issues with which they deal in the general review.
302. The reports of the specialist reviews will include drafts or drafting instructions for
the legislative amendments they recommend.
303. The reports of all reviews will be tabled in the National Parliament and the
Bougainville legislature.
304. In the event that either the National Parliament or the Bougainville legislature
passes the amendments proposed according to its own constitutional procedures
and the other does not, then the autonomous Bougainville and National
Governments will follow the procedures agreed for resolving disputes – up to the
level of arbitration (points of law may go to the Supreme Court)
305. The arbitrator(s) cannot give directions to the National Parliament or the
Bougainville legislature but may order the Governments to present a report in the
National Parliament and the Bougainville legislature recording the views of both
Governments and containing their own recommendations on differences between
them.
306. The two Governments may agree to additional reviews of any aspect of the
autonomy arrangements at any time.
307. In addition to the above reviews, the two Governments will hold annual, wideranging
consultations on the general operation of the autonomy arrangements.
308. Unless the two Governments agree to some other method, these consultations will
be held through the joint supervisory body.
C. AGREED PRINCIPLES ON REFERENDUM
309. The National Government will move amendments to the National Constitution to
guarantee a referendum on Bougainville’s future political status.
310. The choices available in the referendum will include a separate independence for
Bougainville.
311. (a) The amendments will provide that the outcome will be subject to
ratification (final decision-making authority) of the National Parliament.
(b) The autonomous Bougainville Government and the National Government
will consult over the results of the referendum.
312. (a) The constitutional amendments will guarantee that the referendum
will be held:
no earlier than 10 years and, in any case, no later than 15 years
after the election of the first autonomous Bougainville
Government;
when the conditions listed below have been met;
unless the autonomous Bougainville Government decides, after
consultation with the National Government and in accordance with
the Bougainville Constitution, that the referendum should not be
held.
(b) The conditions to be taken into account include:
weapons disposal; and
good governance.
(c) The actual date of the referendum will be agreed after consultations by the
autonomous Bougainville Government and the National Government.
313. (a) The benchmarks to be used in determining good governance will take
account of internationally accepted standards of good governance as they
are applicable and implemented in the circumstances of Bougainville and
the rest of Papua New Guinea. These benchmarks include democracy and
opportunities for participation by Bougainvilleans, transparency, and
accountability, as well as respect for human rights and the rule of law,
including the Constitution of Papua New Guinea.
(b) The National Government and the autonomous Bougainville Government
will co-operate in ensuring progress towards the achievement and
maintenance of these benchmarks.
(c) The agreed procedures for review and resolution of disputes will be used
to determine whether Bougainville has achieved the standard of good
governance intended by this Agreement.
314. (a) The referendum on Bougainville’s future political status will be
conducted in accordance with agreed constitutional arrangements.
(b) The constitutional amendments and any Organic Law required to
implement the agreed referendum arrangements will be introduced into the
National Parliament together, and drafted to take effect at the same time.
315. Eligibility to vote in the referendum will be the same as for national elections in
Bougainville plus non-resident Bougainvilleans (detailed criteria to be finalised
through consultation).
316. (a) The question(s) to be asked in the referendum should be clear and
agreed by the National Government and the autonomous
Bougainville Government.
(b) The choices should be presented so as to facilitate a clear result.
317. The referendum will be free and fair.
318. The National Electoral Commission and the authority responsible for conducting
elections in Bougainville will be jointly responsible for conducting the
referendum.
319. International observers will be invited to observe the conduct of the referendum.
320. This agreement will be given effect through Constitutional Laws.
321. The National Government and the autonomous Bougainville Government will
consult and co-operate to ensure that the conditions intended to apply before the
referendum are met.
322. The agreed dispute resolution mechanism will be used to resolve any differences
concerning any issues related to holding the referendum, including issues
concerning the questions or method of choice in referendum, and the actual date
of the referendum.
323. Consultations over the referendum will include:
(a) timely communication of views in writing to a specified point of
contact;
(b) adequate opportunity to respond in a similar way;
(c) where there are differences, meaningful exchange of views within
an adequate, agreed and specified time-frame, either orally or in
writing, with a view to reaching agreement; and
(d) clear, written record of outcome (either agreement or different
views), provided for all parties.
324. Agreed plans for weapons disposal will be fully implemented before elections for
the autonomous Bougainville Government are held.
D. AMENDMENT OF CONSTITUTIONAL ARRANGEMENTS FOR
AUTONOMY AND REFERENDUM
325. The constitutional arrangements implementing this agreement may be amended
only in accordance with both requirements (a) and (b) below:
(a) after approval by the National Parliament in accordance with the
amendment provisions contained in the National Constitution; and
(b) (i) in the case of the referendum provisions, after a vote in
which a two-thirds absolute majority of members of the
Bougainville legislature vote in support; or
(ii) in the case of the autonomy provisions, after a vote in
which a simple majority of members of the Bougainville
legislature vote in support.
326. Voting in the Bougainville legislature must be concluded before the second vote
on the same Bill to amend is held in the National Parliament.
327. The National Government and the autonomous Bougainville Government will
inform each other of any proposed amendments; consult over them through the
agreed consultation procedures or the agreed five-yearly reviews before they are
formally moved (or, in the case of Private Members’ Bills put to the vote for the
first time); and resolve any differences through the agreed dispute resolution
procedures.
328. The constitutional provisions concerning the above entrenchment arrangements
will themselves be subject to the above procedures and requirements.
E. WEAPONS DISPOSAL
1. ENDORSEMENT OF WEAPONS DISPOSAL PLAN
329. The Parties endorse the weapons disposal plan developed with ex-combatants
and contained in the Resolution on Weapons Disposal adopted by the Peace
Process Consultative Committee (PPCC) on 9th May 2001 (set out in the
following pages), and will regard implementation in full accordance with the Plan
as representing mutually acceptable compliance with the last paragraph of the
Agreed Principles on Referendum (set out above).
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PEACE PROCESS CONSULTATIVE COMMITTEE (PPCC)
RESOLUTION ON WEAPONS DISPOSAL
Introduction
1. The PPCC welcomes the way in which the Bougainville Revolutionary Army
(BRA) and the Bougainville Resistance Force (BRF) have come together, and
acknowledges the positive foundation the Rotokas Record establishes for a
comprehensive weapons disposal plan for Bougainville that is acceptable to all
parties.
2. The PPCC reaffirms the commitment of all of the parties to implementation of the
Lincoln and Ceasefire Agreements.
PPCC Sub-Committee
3. (a) The PPCC hereby establishes a sub-committee to develop, manage and
implement weapons disposal in accordance with this Resolution. The
agreed membership of the sub-committee will be as follows:
Chairman: Director, United Nations Observer Mission on Bougainville
(UNOMB), or his representative
Deputy Chair: Commander, Peace Monitoring Group (PMG), or his
representative
Representatives of the following: the National Government
the BRA
the BRF
(b) The sub-committee may, by agreement, co-opt other members, including
representatives of other groups.
4. (a) The sub-committee will seek support for, and co-ordinate:
i. an active joint programme to promote public awareness,
understanding and support of weapons disposal;
ii. development and implementation of this Resolution, including
mechanisms to ensure location, identification, control, withdrawal
from the community and secure storage of weapons, with special
regard for factory-made arms and ammunition;
iii. means of ensuring the full and accurate recording of weapons, and
securing the co-operation and participation by individuals and
other groups.
(b) The sub-committee shall take such account of the need for confidentiality
as the parties may require for security at stage 1.
(c) The sub-committee shall resolve such differences as may arise in relation
to implementation under this Resolution.
Implementation
5. Weapons disposal will be implemented in stages.
Stage 1
6. Stage 1 will begin immediately, initially in areas where there is no Defence Force
or Police Mobile Unit presence. It will proceed in all areas as follows:
(1) Councils of Chiefs/Elders will inform UNOMB when the people
in a particular area are ready for ex-combatants to disarm and reintegrate
into the community, remaining Defence Force and
Police Mobile Units to withdraw, and weapons to be securely
contained;
(2) UNOMB will inform the PPCC sub-committee;
(3) the National Government will be advised and take appropriate
steps to arrange for Defence Force and Police Mobile Unit
personnel to withdraw from that area;
(4) weapons will be handed in to BRA and BRF unit commanders,
who will store them securely in containers provided through the
PPCC and sealed for purposes of verification by UNOMB.
Note: BRA and BRF structures are outlined in Attachment 1.
Stage 2
7. (a) After implementation of stage 1 in any area, stage 2 will begin in that area
with the delivery of weapons to company commanders, who will place
them in secure containers at a small number of central locations.
(b) When and if amendments to the National Constitution to implement the
comprehensive agreement are ready for certification, the weapons will be
held in containers under UNOMB supervision and secured by two locks –
with one key held by the relevant commander and the other held by
UNOMB – pending a final decision on the ultimate fate of the weapons.
(c) The Bills to amend the National Constitution will provide for the
constitutional amendments to take effect on verification by UNOMB that
the weapons are in secure, double-locked containers under its supervision.
Stage 3: final fate of the weapons
8. (a) A decision on the final fate of the weapons should be made within 4 ½
months of the coming into effect of the constitutional amendments. If no
decision is made, the Parties will meet with a view to reaching agreement
on whether or not the elections should be delayed, taking into account
whether or not there has been genuine handing in of weapons and the level
of security of the weapons.
(b) In any event, any of the parties may call on the UNOMB with the
assistance of the PMG to verify and certify whether there has been
substantial compliance by the parties in the handing in of weapons and
whether the level of security of the weapons makes it conducive to holding
the elections.
(c) UNOMB’s report will be presented to, and considered by, the PPCC.
(d) The Bougainville parties will be bound by UNOMB’s findings
on whether
or not the first election for the autonomous Bougainville Government will
be deferred, and the length of any deferral.
Verification and other practical considerations
9. (a) UNOMB will carry out such inspections and enquiries as its representative
considers necessary at each stage, verify the collection and storage of
weapons, and report its findings regularly, frequently and fully to the
PPCC, with respect for such confidentiality as may be required.
(b) The parties will co-operate with each other and UNOMB to ensure that
UNOMB can carry out its responsibilities under this Resolution efficiently
and effectively.
10. (a) Weapons that have been handed in will not be reissued.
(b) Ex-combatants will not attempt to rearm.
(c) Keys will be kept securely by those to whom they are entrusted, and not
handed over to anyone else.
(d) The parties will respect and co-operate in promoting wider respect for the
security of containers, keys and those who are responsible for them under
this Resolution.
(e) The National Government assures the PPCC it will not redeploy members
of the Defence Force or the Police Mobile Units in new areas or areas
from which they have been withdrawn.
International Aspects
11. The National Government will seek the agreement of the United Nations Security
Council for UNOMB to carry out the responsibilities specified in this
Resolution.
12. The National Government will request the states that contribute to the Peace
Monitoring Group (PMG) to (1) provide technical assistance, (2) agree to the
PMG’s support, for implementation of this Resolution.
13. The National Government will seek the assistance of foreign development co -
operation partners in developing and implementing a programme to assist in the
reintegration and rehabilitation of ex-combatants.
Reconciliation
14. Recognising that weapons disposal and reconciliation are both mutually
reinforcing and necessary to lasting peace by peaceful means, the parties
undertake to co-operate in promoting reconciliation among ex-combatants and in
the wider community, and restoration of civil authority in Bougainville.
Attachment 1
(1) The Bougainville Resistance Forces are organised as follows:
Company Command
Unit Command
A unit consists of 10-30 men, organised mainly on a local geographical basis.
A company command covers the area of an administrative District.
(2) The Bougainville Revolutionary Army is organised as follows:
Regional Command
Company Command
Unit Command
A unit consists of 10-12 men, usually made up of localized membership.
There are 14 BRA companies, organised on a loosely geographical basis, and
each consisting of 80-150 members.
Regional commands are organised into Southern, Central, Northern and Marine
commands.
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2. Weapons Disposal - Mandates of UNOMB and PMG
330. The parties agree that –
(a) the PMG countries and the United Nations Security Council will be
requested to agree to continue the PMG and the UNOMB in Bougainville
and assist in implementing the PPCC Resolution on Weapons Disposal
until the decision is made concerning the final fate of weapons at stage 3
of the agreed weapons disposal plan and the autonomous Bougainville
Government is established;
(b) the decision concerning the final fate of the weapons may require a
continuing presence by the PMG and the UNOMB for a short period to
conclude their assignments during implementation; and
(c) the likely exit-dates for the PMG and the UNOMB are around the middle
and not later than the end of 2002).
F. OTHER MATTERS
1. Amnesty and Pardon
331. The parties confirm that grants of amnesty and pardon (as agreed in the Lincoln
Agreement) for all persons involved in crisis-related activities or convicted of
offences arising out of crisis-related activities should be expedited, and will cooperate
to ensure that they are.
2. Resolving Disputes during Implementation
332. In the period leading up to the establishment of the autonomous Bougainville
Government, the parties will consult with a view to avoiding disputes and
resolving such differences as may arise over implementation of this Agreement.
333. The means by which differences may be resolved may, by agreement, involve the
assistance of a mutually acceptable, neutral third party, with reference to a court
in appropriate cases as a last resort.
334. The National Government will table this Agreement in the UN Security Council,
and use its best efforts to obtain support for UNOMB to continue monitoring and
reporting on implementation of agreed arrangements as provided in the Ceasefire
Agreement.
335. The PPCC, which the parties have invited UNOMB to chair, will continue to
promote the peace process by addressing such issues as are within its mandate and
the parties agree to refer to it for consideration during implementation.
336. The National Government will also use its best efforts to ensure that the PMG
continues to provide such assistance in implementation of the Lincoln Agreement
as the parties may, by agreement, request and the contributing states may agree.
3. Reconciliation and Unified Structures for Bougainville
(a) Reconciliation
337. The parties acknowledge the suffering, pain and loss, which has been caused to so
many by the Bougainville conflict. Where tensions and differences between
individuals and groups remain unresolved, not only is suffering intensified, but
peace itself can be threatened by risks of renewed conflict.
338. The success of the peace process has been based on resolution of tensions and
differences through a wide range of reconciliation efforts.
339. Reconciliation has many aspects, including customary, religious, spiritual,
personal, psychological, and economic. It includes concerns for history, memory
and justice. These qualities have been evident in the many reconciliation efforts
made in Bougainville, within and between families and communities. For the
peace to be self-sustaining, reconciliation efforts must continue.
340. The process of negotiating this agreement has contributed to the reconciliation
process, both within Bougainville and between the rest of Papua New Guinea and
Bougainville. The Agreement itself is intended to further encourage the process,
and among other things:
(b) the autonomy arrangements and other aspects of the
Agreement are intended to assist in building a new
relationship between Bougainville and the nation as a
whole;
(c) the autonomous Bougainville Government and other
arrangements for government in Bougainville are intended
to end institutional divisions and encourage cooperation
among Bougainvilleans;
(d) the agreed weapons disposal plan is intended to remove a
major factor contributing to conflict within Bougainville
and between Papua New Guinea and Bougainville;
(e) the arrangements for pardon and amnesty are intended to
reduce tensions and divisions that could continue to flow
from the conflict.
341. The signing of this Agreement is intended to be a symbol of progress in
reconciliation.
342. The parties commit themselves to continuing to promote and pursue meaningful
reconciliation both within Bougainville and between Bougainville and the rest of
Papua New Guinea. They agree to cooperate in:
(a) discouraging threats to individuals and groups or to the
peace process as a whole;
(b) where appropriate, preventing and punishing such threats in
accordance with the law.
343. The parties will consult from time to time, as required, concerning the steps and
resources that might be needed to facilitate further development of reconciliation
efforts in the future.
(b) Bougainville commitment to Unified Structures
344. The parties agree that:
(a) all groups and individuals in Bougainville should commit
themselves to working through the lawful and democratically
elected government and the unified administrative and support
structures established under the laws that will give effect to this
Agreement;
(b) the former combatant groups should be disbanded as soon as they
no longer have a role in relation to implementation of the
weapons disposal plan provided for under this Agreement;
(c) commanders and members of the former combatant groups should
sign the Statement of Commitment to Unified Structures attached
to this Agreement.
STATEMENT OF COMMITMENT TO UNIFIED STRUCTURES
(Annex to the Bougainville Peace Agreement)
We, commanders and members of the former combatant groups, acting on behalf of those
groups and speaking on behalf of their members, agree to the following things:
(a) We are committed to working through the lawful and democratically
elected autonomous Bougainville Government and the unified administrative and support structures established under the laws that will
be established under the Bougainville Peace Agreement made by the
representatives of Bougainville and the Papua New Guinea Government
signed in August 2001.
(b) We are committed to the former combatant groups being disbanded as
soon as they no longer have a role in relation to implementation of the
weapons disposal plan provided for under the Bougainville Peace
Agreement.
(c) We will work towards reconciliation of all disputes and tensions within
Bougainville and to avoiding disputes and tensions in the future.
