LOOK BACK: AGREED PRINCIPLES ON REFERENDUM

1. The National Government will move amendments to the National

Constitution to guarantee a referendum on Bougainville’s future

political status.

2. The choices available in the referendum will include a separate

independence for Bougainville.

3. (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.

4. (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.

5. (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.

6. 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).

7. (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.

8. The referendum will be free and fair.

9. International observers will be invited to observe the conduct of the

referendum.

10. This agreement will be given effect through Constitutional Laws.

11. (a) 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.

    

       (b) Differences over any issues related to holding the referendum will be

resolved through procedures for resolving disputes to be included in

the final agreement on autonomy and referendum.

12. Consultations over the referendum will include:

- timely communication of views in writing to a

specified point of contact;

- adequate opportunity to respond in a similar way;

- where there are differences, meaningful exchange

of views within an adequate, agreed / specified

time-frame, either orally or in writing, with a view

to reaching agreement; and

- clear, written record of outcome (either agreement

or different views), provided for all parties.

13. Agreed plans for weapons disposal will be fully implemented before

elections for the autonomous Bougainville Government are held.

Signed as an accurate record on 26 January 2001 at Kokopo:

H.E. Ambassador Noel Sinclair

Chairman

Director, UNOMB

Witnessed :

Dr Stephen Henningham

Chief Negotiator, PMG

Retrieved from link: http://ips.cap.anu.edu.au/ssgm/resource_documents/bougainville.PDF/AgreedPrinciplesonReferendum-26Jan01-1.pdf