Dispute Resolution Committee: Bougainville Peace Agreement

BPA (B)(11):

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.

268. The National Government will not have the power to withdraw powers from the autonomous Bougainville Government or suspend it.

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.

Implementation History

2001

No Implementation

No developments observed.

2002

No Implementation

No developments observed.

2003

Minimum Implementation

As the constitution drafting and weapons disposal process drew closer to a conclusion, February 18-19, 2003, "[e]leven PNG Ministers travelled to Bougainville. Sir Peter Barter signed a Memorandum of Understanding with Bougainvillean leaders to establish an Interim Joint Supervisory Body (IJSB) as a mechanism to manage Bougainville 's transition towards autonomy."1 On October 23, 2003, PNG Government Attorney General, Francis Damem, made a statement to Radio Australia regarding the draft Bougainville constitution. Radio Australia quoted Mr. Damem as saying that the second draft of the constitution of the proposed Autonomous Bougainville Government, "is flawed and is facing big changes''. Mr. Damem is quoted as saying: "My department has been working on a response by the National government to Bougainville on the second draft constitution”. The Interim Joint Supervisory Body called a meeting and issued a statement calling for disciplinary action against Mr. Damem.2

  • 1. "Chronology of Peace Process," Bougainville Copper Limited, http://www.bcl.com.pg/events2.htm, accessed June 3, 2010.
  • 2. "Papua New Guinea disputes attorney-general's comments to media," BBC Summary of World Broadcasts, October 24, 2003.
2004

Minimum Implementation

No activities reported.

2005

Minimum Implementation

The “PNG government issued official invitations for [an] international delegation to observe the first general election for the autonomous government for Bougainville. [The] Cabinet made this decision after a joint submission by the minister for foreign affairs and immigration, Sir Rabbie Namaliu, and Minister for Inter-Government Relations Sir Peter Barter, following discussions with Bougainville leaders in the interim joint supervisory body in March."3

  • 3. "Papau New Guinea Invites International Observers to Bougainville Polls, BBC Monitoring International Reports, April 7, 2005.
2006

Minimum Implementation

No further developments observed.

2007

Minimum Implementation

No further developments observed.

2008

Minimum Implementation

No further developments observed.

2009

Minimum Implementation

No further developments observed.

2010

Minimum Implementation

No further developments observed.