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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Bougainville Peace Agreement
Record 318

Country :

Papua New Guinea/Bougainville

Agreement Title/Name:
Bougainville Peace Agreement
Year :
2001
Date Signed :

30 August 2001

Summary :

Lengthy and comprehensive agreement providing for an autonomous Bougainville govt with provision for a referendum among Bougainvilleans on independence; also detailed provisions on weapons disposal


Parties :
Bougainvile Interim Provincial Govt, Bougainville Revolutionary Army, Bougainville Resistance Forces, Bougainville Women Appreciation
Third Parties :
Statehood/Identity :
B.1.4. enshrines shared acceptance of the sovereignty of Papua New Guinea, the agreed autonomy arrangements are intended to faciliate the expression and development of Bougainvillean identity and the relationship between Bougainville and the rest of Papua New Guinea, and promote the unity of PnG; The agreement provides for the right, guaranteed in the National Constitution, for a referendum among Bougainvilleans? on Bougainville?s future political status, to be held no sooner thatn ten years from signing;
Governance/Democratic Inst :
The Agreement provides for arrangements for an autonomous Bougainville Govt operating under a home-grown Bougainville Constitution with a right to increasing control over a wide range of powers, functions, personnel and resources on the besis of guarantees contained in the National Constitution. B.3. details of new Bougainville Constitution (relations between PNG and Bougainville to be governed by PNG National Constitution); B.3.14 The Bougainville interim provincial govt with the people's congress will establish a Constitutional Commission with Constituent Assembly to make the Constitution (before it is adopted, there will be consultation with the national govt); B.4.37. until the autonomous Bougainville Govt is established, the interim provincial govt will continue to govern; B.5. lays out devolved and reserved powers; B.6.69. parties will establish mechanisms for consultation in agreed areas of foreign affairs, and 70. Bougainville may be allowed to send a rep. or observer to regional meetings and orgs, 73. Bougainville may participate or engage directly in intl negotiations subject to national govt's approval; B.7. contains procedure for transfer of powers and functions; B.10.186. the national constitution will be amended to allow the autonomous bougainville govt to establish and make laws regarding a Bougainville Public Service, Police and Bougainville equivalent to the Correctional institutional Services consistent with this Agreement; B.10.b. details control, legislative changes, institutional arrangements, info and monitoring, constitutional provisions, national public service offices, and phased implementation plan for Bougainville's own public service; C. Agreed Principles on Referendum: the national govt will move amendments to the National Constitution to guarantee a referendum on Bougainville's future political status, goes onto list the choices available, the conditions to be met before a referendum can be held (i.e. benchmarks of good governance), elegibility to vote, National Electoral Commission responsibility, consultations over the referendum, and D. requirements for amending constitutional arrangements for autonomy and referendum
Women :
Bougainville Women Appreciation party to the agreement; B.4.28. provision for possibility of reserved seats for women
Amnesty :
F. grants amnesty and pardon for all persons involved in crisis-related activities or convicted of offences arising out of crisis-related activities
Past Mechanism :
Not Applicable
Prisoner Release :
F. grants amnesty and pardon for all persons involved in crisis-related activities or convicted of offences arising out of crisis-related activities
Victims :
Not Applicable
Criminal Justice Reform :
B.4.31. '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'; B.13. detailed provisions on establishment of National Judicial System of Courts in Boungainville ranging from court with a similar jurisdiction to Village Courts to a court of similar jurisdiction to the National Court, and 285. the Supreme Court of PNG will be the final court of appeal for Bougainville, and 288. Appointment and removal of bougainville judges will be non-political, with 2 reps of the National Judicial and Legal Services Commission serving on the appointments body
National Human Rights Inst :
B.8.124 the autonomous govt will have the power to establish mechanisms for enforcement of HR
Human Rights Framework :
B.8.123. the autonomous govt will have the power to provide additional guarantees of HR in Bougainville; B.8.133. the commission established (see criminal justice) may also be used to follow-up on doubts about whether the autonomous govt has power under the existing HR provisions to make laws regulating or restricting the qualified rights other than laws made in accordance with s.38 of the National Constitution (concerns formal recognition of customary law in criminal justice system); B.10.213. new police service to operate with full regard for human rights
Judicial Reform :
B.4.31. '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'; B.13. detailed provisions on establishment of National Judicial System of Courts in Boungainville ranging from court with a similar jurisdiction to Village Courts to a court of similar jurisdiction to the National Court, and 285. the Supreme Court of PNG will be the final court of appeal for Bougainville, and 288. Appointment and removal of bougainville judges will be non-political, with 2 reps of the National Judicial and Legal Services Commission serving on the appointments body
Policing :
B.7.114. provides for delegation of powers over policing from national to Bougainville govt; B.10.188. and 190 provides for terms of employment and oath of allegiance for new police; B.10.c. details control and command, leadership, functions, role, training, rack structures and uniforms, cooperative policing, funding, emergencies and other support, transitional arrangements, and legislative provision for new Bougainville Police (223. the force will not develop an equivalent of an armed police mobile unit, 225. the uniforms, vehicles, stationery and premises will include the national emblem or name
Refugees/Land :
Not Applicable
Civil Society :
B.1.17 Constitutional Commission required to consult widely with the people of Bougainville to understand their views on a Constitution for Bougainville; B.4.28. the new legislature shall be mainly an elected body, but may also include members appointed or elected to represent special interests such as women, youth, churches
Dev& Socio-Economic Rights :
B.4.44. establishes the Bougainville Salaries and Remuneration Commission to recommend salaries and other conditions of elected reps, constitutional office-holders and statutory heads; B.6.79. the two govts will consult over appropriate forms of cooperation for Bougainville to participate or engage in intl cultural exchanges; trade, investment and tourism promotion; and sport, and 81. applications for work permits to be referred to national govt agency, and 85. autonomous govt to be represented at negotiations concerning Bougainville waters and fishing therein, and 89. central banking responsibilities to be confirmed, with national govt giving autonomous govt best assistance to assume central banking responsibilities, and 92. national govt will delegate control of aspects of intl aviation, intl shipping, intl trade, and post, 93. parties to cooperate on development of telecommunications system for Bougainville; B.7.117. national govt assets and land will be transferred to the Bougainville govt, and 120. the national govt will use its best endeavour to ensure that any future privatisation takes account of the agreed autonomy arrangements; B.8. b. sets-out autonomous govt's taxation powers, and c. system of grants from national to autonous govt
Enforcement Mechanism :
UNOMB to verify implementation of the weapons disposal plan; B.5.57 provision to resolve any dispute between national and Bougainville govt regarding division of powers; B.6.68. parties commit to establish agreed procedures to give effect to agreed arrangements concerning exercise of national govt powers in relation to Bougainville; B.6.98. provides for Joint Supervisory Body in respect of cooperation between the parties on telecommunications; B.7. contains procedure for transfer of powers and functions, B.7.109.dispute resolution procedure: provision for panel of independent experts to be appointed to make recommendations; B.7.115. the parties agree to jointly prepare agreed plans for cooperating in implementing the transfer of powers and functions for which the autonomous Bougainville govt will become responsible; B.10.202. phased implementation plan for establishment of Bougainvillean public service; B.11 established Joint Supervisory Body to consult over implementation of autonomy, and as a dispute resolution mechanism, consisting of equal numbers representing national and Bougainville govts- the specifics of dispute resolution procedures will be detailed in the Consitutional Laws drafted to implement this agreement; B.13.287. 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, and 293. contains phased implementation plan of changes to judiciary and court system; B.15 provides for regular reviews of autonomy arrangements (every five years), unless otherwise agreed, these reviews will be held through the joint supervisory body; C.319. Intl observors will be invited to observe the conduct of the referendum; E. Weapons Disposal Plan and parties endorsement of the plan as set out by the Peace Process Consultative Committee (PPCC), 329, PPCC subcommittee established to develop, manage and implement the plan, consisting of UNOMB director as chair, Peace Monitoring Group Commander, plus reps of the national govt, BRA, and BRF (the subcommittee may coopt other members); E. UNOMB to verify collection and storage of weapons; F.2. provision for resolving disputes during implementation: first. consultation, second. refer to neutral thrid party, third. refer to PPCC; Annex: Statement of Commitment to Unified Structures: reps of combatant groups agree to work through newly established autonomous democratic structures
International Community :
B.8.173. the national govt wil do its best to obtain foreign aid to support restoration and development in Bougainville; C.319. Intl observors will be invited to observe the conduct of the referendum; E. Peace Process Consultative Committee subcommittee established to develop, manage and implement the plan, including Peace Monitoring Group Commander; E.11. Intl Aspects: national govt will request states contributing to Peace Monitoring Group to provide technical assistance and agree to support implementation; E.2.330 details weapons disposal mandate of Peace Monitoring Group
UN Involvement :
Weapons disposed according to the weapons disposal plan will be held in secure containers with two separate locks, one key to be held by the UNOMB- UNOMB to verify implementation of the weapons disposal plan; E. Peace Process Consultative Committee subcommittee established to develop, manage and implement the plan, incl. UNOMB director as chair; E. UNOMB to verify collection and storage of weapons; E.2.330. details weapons disposal mandate of UNOMB
Source :
USIP


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