Civil Administration Reform: Bougainville Peace Agreement

Written by

BPA (B)(10):

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.

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).

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.

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.

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.

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.

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.

Decentralization/Federalism: Bougainville Peace Agreement

Written by

BPA (B)(3):

11. The Bougainville Constitution will provide for the organization and structures of the government for Bougainville under the autonomy arrangements (‘the autonomous Bougainville Government’) in a manner consistent with this Agreement.

BPA (B)(4):

28. The Bougainville Constitution will provide that the institutions of die 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

• Defense;

• 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.

Electoral/Political Party Reform: Bougainville Peace Agreement

Written by

BPA (B)(4):

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.

Boundary Demarcation: Bougainville Peace Agreement

Written by

BPA (B)(2):

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.

BPA (B)(6):

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 defense 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.

Constitutional Reform: Bougainville Peace Agreement

Written by

BPA (B)(3):

11. The Bougainville Consititution will provide for the organization and structures of the government for Bougainville under the autonomy arrangements (‘the autonomous Bougainville Government’) in a manner consistent with this Agreement.

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.

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.

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.

20. The parties will co-operate in facilitating the establishment of the Constituent Assembly.

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.

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.

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.

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.

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.

BPA (C)(15):

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 IS 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.

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 finalized 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.

Executive Branch Reform: Bougainville Peace Agreement

Written by

BPA (B)(4):

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.

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.

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:

• Defense;

• 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.

Cease Fire: Bougainville Peace Agreement

Written by

BPA Introduction and Outline:

It is intended to further the objectives of The Burnham Truce, the Lincoln and Ceasefire Agreements and other agreements and understandings between the parties.

Lincoln Agreement on Peace, Security and Development on Bougainville:

1. Peaceful Means

The parties will cooperate to achieve and maintain peace by peaceful means. They also pledge to renounce the use of armed forces and violence, and agree to resolve any differences by consultation, both now and in the future. They also confirm their respect for human rights and the rule of law.

2. Extension of the Truce

The parties agree to extend the period of the truce currently in force to 30 April 1998 to allow for consultation as regards the establishment of the ceasefire.

3. Ceasefire

3.1 A permanent and irrevocable ceasefire will take effect in Bougainville at 2400 hours on 30 April 1998.

3.2 The parties will cooperate to reduce fear in Bougainville and take urgent steps to cooperate in promoting public awareness of, and respect for, the ceasefire.

3.3 Immediately after the ceasefire takes effect, the parties will refrain from use of arras, ammunition, explosives and other instruments of death, injury or destruction in Bougainville.

3.4 The parties will not manufacture, trade or distribute weapons or ammunition.

3.5 The parties will cooperate in accordance with the law in reporting and preventing the use, manufacture, importation, sale, trade or exchange of weapons and ammunition.

3.6 The parties will cooperate with the successor to the Truce Monitoring Group in recording, locating and arranging for the disposal of all arms, ammunition, explosives and other instruments of death, injury and destruction, including parts and ingredients of all the parties in Bougainville.

The Burnham Truce:

Reaffirming the principles contained in the Burnham Declaration of 5-18 July 1997, representatives of the National Government of Papua New Guinea, the Bougainville Transitional Government, the Resistance, the Bougainville Interim Government and the Bougainville Revolutionary Army, having met in Burnham military camp, New Zealand, from 1 to 10 October 1997, recognize the desirability of taking immediate positive measures:

To cease armed conflict;

For peace and reconciliation; and

For the return of normalcy and restoration of services by all parties, and pending a formal meeting of leaders, desirably by 31 January 1998,

Have agreed, as immediate interim measures, to the following:

1. To respect and promote basic human rights and fundamental freedoms;

2. To refrain from all acts of intimidation and armed confrontation;

3. To promote peace and reconciliation in the community;

4. To lift all restrictions so as to restore freedom of movement and delivery of services to the people of Bougainville, subject to appropriate clearances;

5. That field commanders of the Papua New Guinea Security Forces, the Resistance and the Bougainville Revolutionary Army, and village chiefs meet on a regular basis to consult, review and monitor the implementation of this commitment as well as to consult as required and resolve any incidents which may threaten or breach these understandings as well as to promote the aspirations expressed herein;

6. To recommend to the National Government and leaders on Bougainville to immediately invite a neutral regional group to monitor the terms of this agreement.

Withdrawal of Troops: Abuja Peace Agreement

Written by

ABUJA PEACE AGREEMENT

2. To the total withdrawal from Guinea-Bissau of all foreign troops. This withdrawal shall be done simultaneously with the deployment of an ECOWAS Military Observer Group interposition force, which will take over from the withdrawn forces;

Regional Peacekeeping Force: Abuja Peace Agreement

Written by

ABUJA PEACE AGREEMENT

2. To the total withdrawal from Guinea-Bissau of all foreign troops. This withdrawal shall be done simultaneously with the deployment of an ECOWAS Military Observer Group interposition force, which will take over from the withdrawn forces.

Verification/Monitoring Mechanism: Abuja Peace Agreement

Written by

CEASEFIRE AGREEMENT IN GUINEA-BISSAU

Article 1

(d) Deployment of observation and interposition forces, to be defined through negotiations;

2. To the total withdrawal from Guinea-Bissau of all foreign troops. This withdrawal shall be done simultaneously with the deployment of an ECOWAS Military Observer Group interposition force, which will take over from the withdrawn forces.

ABUJA PEACE AGREEMENT

Appendix One

2. To engage in the withdrawal of the respective military forces from the Mansoa area, as soon as the interposition or observation force is deployed in the said area. This military interposition or observation force shall secure and guarantee the demilitarization of Mansoa area until a final solution is reached through the negotiation process, also established in the said Memorandum of Understanding.