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Agreement Concerning Development Co-operation Between the Government of Papua New Guinea and the Government of Solomon Islands [2005] PITSE 2 (15 April 2005)

AGREEMENT CONCERNING DEVELOPMENT CO-OPERATION BETWEEN THE GOVERNMENT OF PAPUA NEW GUINEA AND THE GOVERNMENT OF SOLOMON ISLANDS

(Port Moresby, 15 April 2005)

ENTRY INTO FORCE: SEE ARTICLE V

PREAMBLE

THE GOVERNMENT OF THE INDEPENDENT STATE OF PAPUA NEW GUINEA AND THE GOVERNMENT OF SOLOMON ISLANDS (hereinafter referred to as the “Contracting Parties”):

IN ACCORDANCE with the Agreed Principles of Co-operation among Independent Melanesian Countries of 1988 establishing the Melanesian Spearhead Group as a sub regional grouping;

HAVING REGARD TO the traditional bonds of friendship and the spirit of the Melanesian co-operation and good neighbourly relations between their two countries;

EMPHATICALLY RESTATING their continuing commitment through co-operation through the Melanesian Spearhead Group, the Pacific Islands Forum and other regional and international organizations;

DESIROUS of expanding and intensifying mutual relations in the field of Development Cooperation on a mature, friendly and lasting basis;

RECALLING the Special Framework Treaty Guiding Relations Between the Government of the Independent State of Papua New Guinea and the Government of Solomon Islands signed on 27 July 2004;

RECALLING the Memorandum of Understanding Between the Government of Papua New Guinea and the Government of Solomon Islands Concerning Judicial Assistance to Solomon Islands signed on 6^th December 1984;

RECALLING the Memorandum of Understanding on Grant-In-Aid signed on 10 September 1997;

RECALLING the Technical Co-operation Agreement on Agreed Principles of Co-operation in Literacy Activities among Independent States of Melanesia signed in May 1990;

RECALLING the Memorandum of Agreement Concerning Technical Co-operation in Relation to the Establishment and Development of the Inspectorate System for the Solomon Islands signed by the contracting parties Ministers for Education in November 1997;

CONFIRMING their interest and commitment in strengthening their mutual development cooperation;

BUILDING on achievements to date;

HAVE AGREED as follows:

ARTICLE I – DEFINITIONS

In this Agreement unless otherwise stated;

“development co-operation” means a combination of activities, programmes and assistance designed to contribute to development and self-reliance including capacity building between the respective contracting parties subject to agreed subsidiary arrangements.

ARTICLE II – OBJECTIVES AND PRINCIPLES

The Contracting Parties shall fully utilize the existing close relationship between the two countries and their peoples for the purpose of promoting and enhancing development for their mutual benefit.

ARTICLE III – DEVELOPMENT CO-OPERATION

Development Cooperation shall be undertaken by means of the following activities in agreed subsidiary arrangements:

(a) To co-operate and assist in the development infrastructure projects of the two countries;

(b) The exchange of advisers, consultants, technicians and trainees;

(c) The Provision of Judges, Magistrates and Judicial Officers to provide judicial assistance in an agreed manner;

(d) The Provision of training opportunities for academics and researchers in capacity building towards meeting the development needs of the Contracting Parties;

(e) The sharing of information and joint activities on certain development issues including political, economic, social, environmental, security and natural disasters; and

(f) Any other activity mutually agreed to by both Parties.

ARTICLE IV – CONSULTATIONS

The representatives from Contracting Parties shall hold annual consultations which shall normally be held alternately in the two countries of the Contracting Parties. These consultations shall consider and assess the contribution of development co-operation arising from the bilateral relationship.

ARTICLE V – DISPUTE RESOLUTION

Any matter arising in this Agreement with respect to its interpretation, application or implementation shall be settled by consultation or negotiation between both Parties.

ARTICLE VI – REVIEW

The parties may agree to review or amend the Agreement by giving three months prior notice to each other. Both parties must ratify any amendment.

ARTICLE V – ENTRY INTO FORCE AND TERMINATION

(1) This Agreement shall enter into force on the date on which the Contracting Parties notify each other that their legal requirements for the entry into force of the Agreement have been fulfilled through exchange of letters.

(2) This Agreement shall be valid until such time as both parties agree to terminate the whole of this Agreement.

(3) Such termination shall be given by written notice from either party within three (3) months.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE AT Port Moresby this 15^th Day of March 2005 in two original texts in the English Language both texts being equally authentic.