Selanjutnya
SPECIAL ARRANGEMENTS
FOR. TRADITIONAL AND ...CUSTOMARY BORDER CROSSINGS
BETWEEN
THE GOVERNMENT OF THE REPUBLIC .QF .INDONESIA
AND
Tl:IE GOVERNMENT OF .1?AJ>UA .. NEW GUINEA
The Government of the Republic of Indonesia and the
Government of Papua New Guinea;
Considering their established friendly relations;
Pursuant upon their established Basic Agreement on Border
Arrangements signed in Jakarta on the 17th of December 1979;
Desiring to regulate and implement, on a reciprocal basis,
the administrative process to be accorded to those of their
respective nationals who:
(a)
are domiciled within their respective and
designated Border Areas; and
(b)
have traditional rights across the border to
use lands, rivers, coastal waters and reefs
of the other Party hereto,
under an expeditious and simplified administrative
arrangement and system of control for the entry and exit of
the nationals of either country for traditional and
customary purposes;
llt\¥E...,,AJ;BAN.GED as follows: -
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DEFINITIQ:NS
1.
For the purposes of this Arrangement: "Indonesian Border Area" means those Kecamatan-kecamatan
Perbatasan for which the Indonesia/Papua New Guinea
border forms part of their boundaries as defined in the
Basic Agreement on Border Arrangements which exists
between the Parties hereto;
"Papua New Guinea Border Area" means those Census
Divisions for which the Indonesia/Papua New Guinea
border forms part of their boundaries as defined in
the Basic Agreement;
"Designated Border Station" means a government station
listed under paragraph 18 hereunder;
"Border Crossing Card" means a pass issued under
paragraph 3 hereunder;
"Traditional and Customary Purposes" means those
purposes for crossing the border as limited by
paragraphs 4 and 6 hereunder, and as detailed in
Articles 4 and 5 of the Basic Agreement. Such purposes
may, by arrangement between counterpart Border Officers,
be extended, to a limited degree, to include organised
schools, sporting and cultural exchange visits;
"Border Residene' is a person who by birth or marriage
has residential, traditional and customary rights
within the Border Area as defined, but excludes those
who gain rights to land usage or other practices which
are likewise deemed traditional, by means of national
laws or by other non-traditional processes;
c
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"Papua New Guinea Border Administration Officer" is an
Officer of the Papua New Guinea Department of Foreign
Affairs and Trade appointed to Daru and Vanimo, or
Designated Border Stations, who has functional
responsibility and authority to implement border
administration and development and to oversight the
work of "Border Officers";
"Indonesian Border Administration Officer" is an
Officer of the Republic of Indonesia, appointed to
Jayapura and Merauke or to designated Border
Stations, who has functional responsibility and
authority to implement border administration and
development and to oversight the work of "Border
Officers";
"Border Officer" means an Officer designated to carry
out border administration and development functions
who is posted at a Designated Border Station as listed
at paragraph 18 hereunder;
"Issuing Officer" is an Officer of the Parties hereto
stationed at Jayapura, Merauke, Daru, or Vanimo who is
authorised for the purposes of paragraph 17
hereunder;
"Village Authority" is a Border Area village level
authority recognised and appointed by the Parties
hereto (each in its own area) for the purpose of
facilitating the administration of these Arrangements;
"Traditional and Customary Border Trade" refers to: (a)
In the case of traditional trade,
trade which it has been the practice of
the Border Residents in the Border Areas
to engage in from time immemorial; and
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(b)
In the case of customary trade, trade
which has developed over recent years to
accomodate the needs of the Border
Residents.
"Traditional Craft" refers to the type of craft which
have been used by the Border Residents from time
immemor ia 1.
SPECIAL ARRANGEMENTS - TRADITIONAL .AN,D. CUSIOMARY
CROSSINGS
2.
The Parties hereto will administer a system of border
crossing whereby nationals of the two countries who
are domiciled in the respective Border Areas may
freely enter and travel within the corresponding part
of the Border Area of the other, solely for
traditional and customary purposes as defined, provided
that they are bona fide holders of Border Crossing
Cards which will be issued by the Parties hereto in
accordance with the provisions of these Arrangements.
BORP.ER .CROSSING. CARDS
3.1
A Border Crossing Card will be issued free of charge
either by annual patrols to border villages or upon
application at the Designated Border Station
administering the applicant's home area by the Border
Administration Officers or the Border Officers of the
Parties hereto, to those of their nationals who
satisfy the following requirements: (a)
(b)
that he or she is an Indonesian or Papua
New Guinea citizen deemed to be eighteen years
of age or over;
that he or she is a Border Resident of the
Designated Border Area of either country;
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(c)
(d)
(e)
/
that entry into the corresponding Border Area
will be solely for traditional and customary
purposes;
that he or she is not a person whose entry into
the corresponding Border Area is prohibited,
revoked or otherwise deemed undesirable by the
immigration or other authority of the Parties
hereto; and
that he or she is not the subject of pending
criminal proceedings.
3.2
Subject to paragraph 16 hereunder details for each
Border Crossing Card will be checked with the Village
Authority from or for the applicant's village, checked
at the cross border village in whose lands traditional
rights are claimed, and then countersigned by the
counterpart Border Officer.
3.3
A Border Crossing Card issued to a male citizen of
either Party hereto automatically covers his wife,
wives and their children. This includes married male
citizens under 18 years of age. A Border Crossing
Card issued to a woman, unmarried woman or a widow
automatically covers her children.
3.4
Border Crossing Cards in such format as the Joint
Border Committee may determine will be in both English
and Bahasa Indonesia and will contain the following
information with respect to the holder: (a)
(b)
(c)
(d)
(e)
date and place of issue; and validity of
card - 3 years;
personal description;
photograph;
signature or right thumb print;
name of designated land or lands to which
traditional rights are established;
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3.5
(f)
colour indicators which will signify both
nationality of holder and his traditional and
customary rights or purposes for crossings;
(g)
such other information as may be required by the
Joint Border Committee.
The Border Crossing Card will be valid for multiple,
unrestricted entry for a period of three years. Reissue of cards must be made from the same Designated
Border Station as that from which the expired card was
issued and countersigned at the counterpart
Designated Border Station as designated in paragraph
1 8.
3.6
The replacement of a lost Border Crossing Card will be
subject to a fee determined by the Joint Border
Committee.
LIMITED APPLICATION ,FOR TRADITIONAL !ND CUSTOMARY
CROSSINGS
4.1
Nothing in these Arrangements will apply to: (a)
Nationals of Indonesia who are not Border
Residents of the Indonesian Border Area;
(b)
Nationals of Papua New Guinea who are not
Border Residents of the Papua New Guinea
Border Area;
(c)
A holder of a Border Crossing Card issued
by the Indonesian authorities who is intending
to travel beyond the Papua New Guinea Border
Area or to cross for non-traditional and
customary purposes;
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(d)
a holder of a Border Crossing Card issued
by the Papua New Guinea authorities who is
intending to travel beyond the Indonesian
Border Area or to cross for non-traditional
and customary purposes.
4.2
Persons referred to in paragraph 4.1 will be subject
to the laws of their respective country.
4.3
A Border Crossing Card issued under these arrangements will be in lieu of a passport, visa and
vaccination certificate.
4.4
The passport, visa, quarantine and immigration laws
and regulations in force in the territory of each of
the Parties hereto will be applicable to all other
travel not covered by these Arrangements.
4.5
These Arrangements will operate only for the purpose
of travel or stay within the corresponding Border
Area by such nationals as are prescribed in
paragraphs 2 and 3 of these Arrangements.
4.6
These Arrangements will not apply to any crosser, for
traditional and customary purposes or otherwise,
whose ultimate cross border destination is a town or
built-up area.
4.7
Illegal crossers will not be dealt with under these
Arrangements.
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INTRODUCTORY APPLICATION OF ARRANGEMENTS
5.1
The Parties hereto acknowledge that it will be
necessary for the new provisions herein to be phased
in. To this end, considerable latitude in the
application of these provisions will be permitted
during the first two years of operation of these
Arrangements.
5.2
During the initial period referred to in paragraph
5.1 above, the Parties hereto will make adequate
provision for appropriate publicity and education
campaigns in the Border Areas in order to facilitate
the introduction of these Arrangements.
LENGTH ,OF CROSS"".BORDE;R,VISITS
6.1
As regulated by the Basic Agreement, these simplified
procedures for traditional border crossers allow only
temporary visits to the counterpart Border Area and
do not provide for permanent domicile.
6.2
Duration of stay will vary according to the nature
and purpose for which the traditional and customary
crossing is made.
6.3
For any crossing a maximum period of 30 days will
apply and any variation (extension) will be a matter
for negotiation between the counterpart Border
Officers.
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RESTRICTED TRADITIONAL AND CUSTOMARY .CROSSINGS
7.1
Notwithstanding paragraph 4.3 of these Arrangements,
the health or quarantine authorities of either or
both Parties may, for declared special or contingency
situations including quarantine, temporarily prohibit
or regulate traditional and customary crossings along
the whole or any part of the border, and where
appropriate this includes vehicular movements.
7.2
Likewise, vaccination may be deemed necessary for
traditional and customary crossers and/or all
residents of the Border Area and/or such other
measures for such periods as the appropriate
authorities of the Parties hereto may reasonably deem
necessary.
7.3
It follows that appropriate action will likewise
apply for plant and animal matter in, or carried in
or across the respective Border Areas in such
instances. For such situations, declared by the
health or quarantine authorities, the movement of
plants or uncooked animals within the Border Areas
and/or across the border may be prohibited under such
conditions as may be deemed necessary. Likewise such
movement may be prohibited either out of or into the
Border Areas from other areas of the Parties hereto.
7.4
To facilitate the purposes of quarantine or other
special or contingency situations under these
Arrangements the Border Areas as designated in
Article 1 of the Basic Agreement will be prescribed a
border quarantine zone.
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7.5
For the purposes of these Arrangements members of the
border administration development team from the Papua
New Guinea Designated Border Stations and the
Indonesian Border Administration Officer or Border
Officer from the Indonesian Designated Border
Stations will be ex officio quarantine officers for
the purpose of regulating the application of the
quarantine laws and regulations of the Parties
hereto.
7.6
It follows that both the Indonesian and the Papua New
Guinea traditional and customary crossers will be
subject to the quarantine laws or regulations or
prevailing restrictions of the Parties hereto in such
control situations.
7.7
Likewise, under paragraph 17, traditional movements
by sea may be temporarily stopped if the appropriate
authority of either or both of the Parties hereto
declares a quarantine or contingency situation.
7.8
It is appropriate that as part of the border
administration process, Border Residents are made
aware of and educated in the precautionary and
restrictive measures necessary in their own interest,
associated with quarantine, surveillance and control,
which may be applied from time to time.
LEGAL OBLIGATIONS OF TRADITIONAL AND CUSTOMARY
BORDER _CROSSERS
8.1
A Papua New Guinea citizen who is the holder of a
Border Crossing Card will, during the course of his
travel or stay in the Indonesian Border Area, be
subject to the laws and regulations existing therein •
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8.2
An Indonesian citizen who is the holder of a Border
Crossing Card will, during the course of his travel
or stay in the Papua New Guinea Border Area, be
subject to the laws and regulations existing
therein.
REFUSED
9.1
9.2
OR.
PROHIBITED . ENTRY: ...REVOCATION OF PRIVILEGE
Either Party hereto may refuse entry to any holder of
a Border Crossing Card if a Border Officer of either
of the Parties hereto has sufficient reason to
believe that :(a)
the Border Crossing Card was issued in
violation of the provisions of these Arrangements; or
(b)
the person possessing the Border Crossing
Card is an undesirable person according to
the laws of either of the Parties hereto.
Where the holder of a Border Crossing Card is
refused the right of cross border transit by either
Party hereto, the Card will be revoked and retrieved
by the Issuing Border Officer concerned. A further
Border Crossing Card will not be issued to any
person whose previous entry has been so refused,
without the consent of the other Party.
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9.3
Prohibited entry of a temporary nature, will also
apply in special or contingency situations declared
by either or both of the Parties hereto in the
context of paragraphs 4.3 and 7.
INFRINGEMENTS OF PRIVILEGE; REPATRIATION,
CONFISCATJQN
10.1
Without prejudice to other penalties, either Party
will arrange for repatriation, in a manner most
suited to the circumstances, from the other Party,
of any holder of a Border Crossing Card who has
violated any of the terms or conditions under which
he was admitted into its territory.
10.2
Where the holder of a Border Crossing Card infringes
any of the privileges conferred by these
Arrangements, a Border Administration Officer or a
Border Officer from the holder's Border Area is
empowered to take possession of the Border Crossing
Card from him for a period not exceeding 12 months.
TRADITIONAL .AND CUSTOMARY BORDER .TRADE BY TRADITIONAL
CROSSERS
11.1
In accordance with Article 4 of the Basic Agreement,
Border Residents in possession of Border Crossing
Cards will be permitted to engage in traditional and
customary border trade within the respective Border
Areas.
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11 .2
For the purposes of this paragraph traditional goods
and goods specified in Annex A to this Arrangement
which are the subject of traditional and customary
border trade (over land or by sea) will not be
subject to any duty or tax under the laws and
regulations of the Parties hereto, but will be
subject to those laws and regulations concerning the
quarantine of goods and public health.
11 .3
The value of the goods specified in Annex A will not
exceed US$300.00 or the Kina or Rupiah equivalent,
per person per month. The Joint Border Committee may
from time to time review the goods specified in Annex
A. It will be the function of the Primary Liaison
level to present to the Joint Border Committee such
specific items of trade within the broad categories
of goods listed in Annex A.
11 .4
Traditional and customary border trade excludes all
goods prohibited by the Governments of the Republic
of Indonesia and Papua New Guinea.
11 • 5
The movement of goods other than goods specified in
Annex A and traditional goods by the holder of a
Border Crossing Card, into or out of the respective
Border Areas, will be controlled by the Border
Administration Officer or Border Officer under the
customs or other regulations of either country and
channelled through Designated Border Stations.
11 • 6
Failure by Border Residents to comply with the
provisions of this paragraph may result in the
suspension of Border Crossing Cards.
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INTERFUNCTIONAL OFFICIAL VISITS AND.COMMUNlCA';t'IONS
12.1
In order to administer and control the establishment
and implementation of the traditional border
crossing facility, a communication network will be
established linking each Designated Border Station in
Papua New Guinea with its counterpart Designated
Border Station in the Republic of Indonesia.
12.2
Schedules of contact appropriate to the needs of
traditional and customary border crossings and other
aspects of border administration as are deemed
necessary from time to time, will be maintained.
12.3
Subject to appropriate approvals for which procedures
will be mutually agreed upon by the Parties hereto,
accredited Border Officers will be allowed freedom of
travel to and between counterpart Stations within the
Border Areas on official business.
12.4
The Parties hereto will authorise and clear the entry
of their respective vessels or aircraft into each
other's Area for the purpose of approved visits
between counterpart Border Officers from Designated
Border Stations.
COMMENCEMENT,, DURATION, REVIEW
13.1
These Arrangements will come into force on a date to
be mutually agreed.
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13.2
13.3
Their continued application will be subject to:
(a)
the continuing in force of the Basic
Agreement between the Parties hereto,
its five yearly review or otherwise,
revocation, variation, or amendment
with contingent limitation or variation
to the application of these Arrangements; and
(b)
either of the Parties hereto giving
written notice of its intention to
terminate these Arrangements on a date
to be mutually agreed.
Unless otherwise mutually agreed these Arrangements
will be subject to review concurrent with the
existing Basic Agreement between the Parties hereto.
VARI,ATlON OF .ARRANGEMENl'.S
14.
The Parties hereto may, at any time, by consultation
and mutual agreement revise or amend these
Arrangements.
INTERPRETATION
15.
As and where necessary, any dispute arising out of
the interpretation or implementation of these
Arrangements, will be settled by consultation and
mutual agreement by the Joint Border Committee •
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ADJUDICATION - TRADITIONAL.AND CUSTOMARY USAGE OF
LAND
16.1
It may arise in the process of regularising cross
border movements for traditional and customary
purposes that conflicting views or disputes may
develop concerning the extent, nature or manner of
traditional and customary usage claimed by an
applicant for traditional crossing rights.
16.2
Where such disputes arise, counterpart Border
Officers will, in the first instance, endeavour to
resolve the issue. Failing this, the matter may be
adjudicated initially at the Primary Liaison Level
and subsequently, if necessary, by the Joint Border
Committee.
16.3
It is accepted by the Parties hereto that ultimate
authority over land and its use rests with the
Government of the Party in whose Border Area the
land of disputed use is situated.
MOVEMENT .OF TRADITIONAL CRAFT, IN .COASTAL AREAS FOR
TRADITIONAL.AND CUSTOMARY .PURPOSES
17.1
The Parties hereto recognise that movement across the
border by Border Residents for traditional and
customary purposes may involve the use of
traditional craft.
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17.2
It is agreed between the Parties hereto that Vanimo
and Jayapura and Daru and Merauke will be the points
of entry in the Border Areas for traditional craft
used for traditional and customary purposes.
17.3
Traditional craft referred to in this paragraph will
be registered with the appropriate authority of their
country of origin. They will fly the national flag
of their country of origin and will bear an official
registration number.
17.4
A Border Crossing Card will not entitle a traditional
craft to be used for a crossing of the border.
17.S
Where it is desired that a traditional craft cross
the border for traditional and customary purposes, an
authority must first be obtained. An authority under
this paragraph will be issued by an Issuing Officer
and will contain the following information:-
17.6
(a)
the name of the craft, if any;
(b)
the registration number of the craft;
(c)
the country of origin; and
(d)
the names of the occupants of the craft.
The authority issued under paragraph 17.5 will be
produced to the Issuing Officer at the point of
arrival. The Issuing Officer will record the date
and time of arrival and the subsequent date of
departure. The authority will be surrendered to the
Issuing Officer upon return to the point of
departure.
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17.7
Save in an emergency, no traditional craft will be
permitted to land in either Border Area unless its
occupants are in possession of an authority
indicating that it first entered the other Border
Area at one of the points ref erred to in paragraph
17.2.
17.8
The provisions of paragraph 11 concerning traditional
and customary border trade will apply to trade
engaged in by means of traditional craft.
17.9
Nothing in this paragraph applies to movement across
the border by non-traditional craft for nontraditional and customary purposes.
17.10
Failure by Border Residents to comply with the
provisions of this paragraph may result in the
subsequent denial of an authority issued under
paragraph 17.5 and in seizure of the traditional
craft concerned by the Border Administration Officer.
DES.IGNATED BORDER STATIONS
18.1
The Designated Border Stations in the respective
Border Areas of the Parties hereto are indicated in
this paragraph each opposite its counterpart
Station or nearest Station.
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18.2
PAPUA NEW GUINEA DESIGNATED
BORDER.STATION
INDONESIAN . DES I.GNATED
BORDER STATION
Wu tung
Bewani
Imonda
Amanab
Green River
I dam
Yapsiei
Tububil
Ningerum
Kiunga
Lake Murray
Aiambak
Nakaku
Weam
Morehead
Wan do
Sko
Ar so
Waris
Senggi
Ubrub
Kiwirok
Oksibil
Waropko
Mindiptanah
Bupul
Muting
Sota
Sota
Merauke
For purposes of administration, inter-functional
activities between Border Officers as described in
paragraph 12 refers to contact between specified
Officers from the above-mentioned counterpart Papua
New Guinea and Indonesian Designated Border
Stations.
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BORDER INDENTIFJCATION. MARKERS
•
c
19 .1
For the purpose of implementing these Arrangements
the Parties hereto, in conjunction with those people
living in the Border Areas who claim entitlement to
cross the border for traditional and customary
purposes (claim customary rights to the use of land
across the border), will compile and exchange maps
showing approximate cross border group land usage
rights.
19.2
The Parties hereto will place appropriate signs at
border points where main walking tracks cross to
indicate the approximate location of the border.
19.3
The Parties hereto will upgrade and increase the
number of official border markers placing, in close
proximity to each, a helicopter pad thus identifying
the border both from the air and from the ground.
Signed at Port Moresby on 4 August 1982
Signed
FOR THE GOVERNMENT OF THE
REPUBLIC OF INDONESIA
a
0
Signed
FOR THE GOVERNMENT OF
PAPUA NEW GUINEA
II
Village gardening tools
Village build:ing tools and materials
Village light:ing and fuel for light:ing purposes
Village household ite:ns
Village cooking utensils
Clothing (Personal)
Natural, tinned and packaged food stuffs
Subsistence agricultural products
..
Other goods required for daily use or consumption •
.
.
.
FOR. TRADITIONAL AND ...CUSTOMARY BORDER CROSSINGS
BETWEEN
THE GOVERNMENT OF THE REPUBLIC .QF .INDONESIA
AND
Tl:IE GOVERNMENT OF .1?AJ>UA .. NEW GUINEA
The Government of the Republic of Indonesia and the
Government of Papua New Guinea;
Considering their established friendly relations;
Pursuant upon their established Basic Agreement on Border
Arrangements signed in Jakarta on the 17th of December 1979;
Desiring to regulate and implement, on a reciprocal basis,
the administrative process to be accorded to those of their
respective nationals who:
(a)
are domiciled within their respective and
designated Border Areas; and
(b)
have traditional rights across the border to
use lands, rivers, coastal waters and reefs
of the other Party hereto,
under an expeditious and simplified administrative
arrangement and system of control for the entry and exit of
the nationals of either country for traditional and
customary purposes;
llt\¥E...,,AJ;BAN.GED as follows: -
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DEFINITIQ:NS
1.
For the purposes of this Arrangement: "Indonesian Border Area" means those Kecamatan-kecamatan
Perbatasan for which the Indonesia/Papua New Guinea
border forms part of their boundaries as defined in the
Basic Agreement on Border Arrangements which exists
between the Parties hereto;
"Papua New Guinea Border Area" means those Census
Divisions for which the Indonesia/Papua New Guinea
border forms part of their boundaries as defined in
the Basic Agreement;
"Designated Border Station" means a government station
listed under paragraph 18 hereunder;
"Border Crossing Card" means a pass issued under
paragraph 3 hereunder;
"Traditional and Customary Purposes" means those
purposes for crossing the border as limited by
paragraphs 4 and 6 hereunder, and as detailed in
Articles 4 and 5 of the Basic Agreement. Such purposes
may, by arrangement between counterpart Border Officers,
be extended, to a limited degree, to include organised
schools, sporting and cultural exchange visits;
"Border Residene' is a person who by birth or marriage
has residential, traditional and customary rights
within the Border Area as defined, but excludes those
who gain rights to land usage or other practices which
are likewise deemed traditional, by means of national
laws or by other non-traditional processes;
c
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"Papua New Guinea Border Administration Officer" is an
Officer of the Papua New Guinea Department of Foreign
Affairs and Trade appointed to Daru and Vanimo, or
Designated Border Stations, who has functional
responsibility and authority to implement border
administration and development and to oversight the
work of "Border Officers";
"Indonesian Border Administration Officer" is an
Officer of the Republic of Indonesia, appointed to
Jayapura and Merauke or to designated Border
Stations, who has functional responsibility and
authority to implement border administration and
development and to oversight the work of "Border
Officers";
"Border Officer" means an Officer designated to carry
out border administration and development functions
who is posted at a Designated Border Station as listed
at paragraph 18 hereunder;
"Issuing Officer" is an Officer of the Parties hereto
stationed at Jayapura, Merauke, Daru, or Vanimo who is
authorised for the purposes of paragraph 17
hereunder;
"Village Authority" is a Border Area village level
authority recognised and appointed by the Parties
hereto (each in its own area) for the purpose of
facilitating the administration of these Arrangements;
"Traditional and Customary Border Trade" refers to: (a)
In the case of traditional trade,
trade which it has been the practice of
the Border Residents in the Border Areas
to engage in from time immemorial; and
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(b)
In the case of customary trade, trade
which has developed over recent years to
accomodate the needs of the Border
Residents.
"Traditional Craft" refers to the type of craft which
have been used by the Border Residents from time
immemor ia 1.
SPECIAL ARRANGEMENTS - TRADITIONAL .AN,D. CUSIOMARY
CROSSINGS
2.
The Parties hereto will administer a system of border
crossing whereby nationals of the two countries who
are domiciled in the respective Border Areas may
freely enter and travel within the corresponding part
of the Border Area of the other, solely for
traditional and customary purposes as defined, provided
that they are bona fide holders of Border Crossing
Cards which will be issued by the Parties hereto in
accordance with the provisions of these Arrangements.
BORP.ER .CROSSING. CARDS
3.1
A Border Crossing Card will be issued free of charge
either by annual patrols to border villages or upon
application at the Designated Border Station
administering the applicant's home area by the Border
Administration Officers or the Border Officers of the
Parties hereto, to those of their nationals who
satisfy the following requirements: (a)
(b)
that he or she is an Indonesian or Papua
New Guinea citizen deemed to be eighteen years
of age or over;
that he or she is a Border Resident of the
Designated Border Area of either country;
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(c)
(d)
(e)
/
that entry into the corresponding Border Area
will be solely for traditional and customary
purposes;
that he or she is not a person whose entry into
the corresponding Border Area is prohibited,
revoked or otherwise deemed undesirable by the
immigration or other authority of the Parties
hereto; and
that he or she is not the subject of pending
criminal proceedings.
3.2
Subject to paragraph 16 hereunder details for each
Border Crossing Card will be checked with the Village
Authority from or for the applicant's village, checked
at the cross border village in whose lands traditional
rights are claimed, and then countersigned by the
counterpart Border Officer.
3.3
A Border Crossing Card issued to a male citizen of
either Party hereto automatically covers his wife,
wives and their children. This includes married male
citizens under 18 years of age. A Border Crossing
Card issued to a woman, unmarried woman or a widow
automatically covers her children.
3.4
Border Crossing Cards in such format as the Joint
Border Committee may determine will be in both English
and Bahasa Indonesia and will contain the following
information with respect to the holder: (a)
(b)
(c)
(d)
(e)
date and place of issue; and validity of
card - 3 years;
personal description;
photograph;
signature or right thumb print;
name of designated land or lands to which
traditional rights are established;
••• /6
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3.5
(f)
colour indicators which will signify both
nationality of holder and his traditional and
customary rights or purposes for crossings;
(g)
such other information as may be required by the
Joint Border Committee.
The Border Crossing Card will be valid for multiple,
unrestricted entry for a period of three years. Reissue of cards must be made from the same Designated
Border Station as that from which the expired card was
issued and countersigned at the counterpart
Designated Border Station as designated in paragraph
1 8.
3.6
The replacement of a lost Border Crossing Card will be
subject to a fee determined by the Joint Border
Committee.
LIMITED APPLICATION ,FOR TRADITIONAL !ND CUSTOMARY
CROSSINGS
4.1
Nothing in these Arrangements will apply to: (a)
Nationals of Indonesia who are not Border
Residents of the Indonesian Border Area;
(b)
Nationals of Papua New Guinea who are not
Border Residents of the Papua New Guinea
Border Area;
(c)
A holder of a Border Crossing Card issued
by the Indonesian authorities who is intending
to travel beyond the Papua New Guinea Border
Area or to cross for non-traditional and
customary purposes;
••• /6
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(d)
a holder of a Border Crossing Card issued
by the Papua New Guinea authorities who is
intending to travel beyond the Indonesian
Border Area or to cross for non-traditional
and customary purposes.
4.2
Persons referred to in paragraph 4.1 will be subject
to the laws of their respective country.
4.3
A Border Crossing Card issued under these arrangements will be in lieu of a passport, visa and
vaccination certificate.
4.4
The passport, visa, quarantine and immigration laws
and regulations in force in the territory of each of
the Parties hereto will be applicable to all other
travel not covered by these Arrangements.
4.5
These Arrangements will operate only for the purpose
of travel or stay within the corresponding Border
Area by such nationals as are prescribed in
paragraphs 2 and 3 of these Arrangements.
4.6
These Arrangements will not apply to any crosser, for
traditional and customary purposes or otherwise,
whose ultimate cross border destination is a town or
built-up area.
4.7
Illegal crossers will not be dealt with under these
Arrangements.
• •• /8
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INTRODUCTORY APPLICATION OF ARRANGEMENTS
5.1
The Parties hereto acknowledge that it will be
necessary for the new provisions herein to be phased
in. To this end, considerable latitude in the
application of these provisions will be permitted
during the first two years of operation of these
Arrangements.
5.2
During the initial period referred to in paragraph
5.1 above, the Parties hereto will make adequate
provision for appropriate publicity and education
campaigns in the Border Areas in order to facilitate
the introduction of these Arrangements.
LENGTH ,OF CROSS"".BORDE;R,VISITS
6.1
As regulated by the Basic Agreement, these simplified
procedures for traditional border crossers allow only
temporary visits to the counterpart Border Area and
do not provide for permanent domicile.
6.2
Duration of stay will vary according to the nature
and purpose for which the traditional and customary
crossing is made.
6.3
For any crossing a maximum period of 30 days will
apply and any variation (extension) will be a matter
for negotiation between the counterpart Border
Officers.
• •• /9
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RESTRICTED TRADITIONAL AND CUSTOMARY .CROSSINGS
7.1
Notwithstanding paragraph 4.3 of these Arrangements,
the health or quarantine authorities of either or
both Parties may, for declared special or contingency
situations including quarantine, temporarily prohibit
or regulate traditional and customary crossings along
the whole or any part of the border, and where
appropriate this includes vehicular movements.
7.2
Likewise, vaccination may be deemed necessary for
traditional and customary crossers and/or all
residents of the Border Area and/or such other
measures for such periods as the appropriate
authorities of the Parties hereto may reasonably deem
necessary.
7.3
It follows that appropriate action will likewise
apply for plant and animal matter in, or carried in
or across the respective Border Areas in such
instances. For such situations, declared by the
health or quarantine authorities, the movement of
plants or uncooked animals within the Border Areas
and/or across the border may be prohibited under such
conditions as may be deemed necessary. Likewise such
movement may be prohibited either out of or into the
Border Areas from other areas of the Parties hereto.
7.4
To facilitate the purposes of quarantine or other
special or contingency situations under these
Arrangements the Border Areas as designated in
Article 1 of the Basic Agreement will be prescribed a
border quarantine zone.
• •• /1 0
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7.5
For the purposes of these Arrangements members of the
border administration development team from the Papua
New Guinea Designated Border Stations and the
Indonesian Border Administration Officer or Border
Officer from the Indonesian Designated Border
Stations will be ex officio quarantine officers for
the purpose of regulating the application of the
quarantine laws and regulations of the Parties
hereto.
7.6
It follows that both the Indonesian and the Papua New
Guinea traditional and customary crossers will be
subject to the quarantine laws or regulations or
prevailing restrictions of the Parties hereto in such
control situations.
7.7
Likewise, under paragraph 17, traditional movements
by sea may be temporarily stopped if the appropriate
authority of either or both of the Parties hereto
declares a quarantine or contingency situation.
7.8
It is appropriate that as part of the border
administration process, Border Residents are made
aware of and educated in the precautionary and
restrictive measures necessary in their own interest,
associated with quarantine, surveillance and control,
which may be applied from time to time.
LEGAL OBLIGATIONS OF TRADITIONAL AND CUSTOMARY
BORDER _CROSSERS
8.1
A Papua New Guinea citizen who is the holder of a
Border Crossing Card will, during the course of his
travel or stay in the Indonesian Border Area, be
subject to the laws and regulations existing therein •
• • • /11
- 11 -
8.2
An Indonesian citizen who is the holder of a Border
Crossing Card will, during the course of his travel
or stay in the Papua New Guinea Border Area, be
subject to the laws and regulations existing
therein.
REFUSED
9.1
9.2
OR.
PROHIBITED . ENTRY: ...REVOCATION OF PRIVILEGE
Either Party hereto may refuse entry to any holder of
a Border Crossing Card if a Border Officer of either
of the Parties hereto has sufficient reason to
believe that :(a)
the Border Crossing Card was issued in
violation of the provisions of these Arrangements; or
(b)
the person possessing the Border Crossing
Card is an undesirable person according to
the laws of either of the Parties hereto.
Where the holder of a Border Crossing Card is
refused the right of cross border transit by either
Party hereto, the Card will be revoked and retrieved
by the Issuing Border Officer concerned. A further
Border Crossing Card will not be issued to any
person whose previous entry has been so refused,
without the consent of the other Party.
• •• /12
- 12 -
9.3
Prohibited entry of a temporary nature, will also
apply in special or contingency situations declared
by either or both of the Parties hereto in the
context of paragraphs 4.3 and 7.
INFRINGEMENTS OF PRIVILEGE; REPATRIATION,
CONFISCATJQN
10.1
Without prejudice to other penalties, either Party
will arrange for repatriation, in a manner most
suited to the circumstances, from the other Party,
of any holder of a Border Crossing Card who has
violated any of the terms or conditions under which
he was admitted into its territory.
10.2
Where the holder of a Border Crossing Card infringes
any of the privileges conferred by these
Arrangements, a Border Administration Officer or a
Border Officer from the holder's Border Area is
empowered to take possession of the Border Crossing
Card from him for a period not exceeding 12 months.
TRADITIONAL .AND CUSTOMARY BORDER .TRADE BY TRADITIONAL
CROSSERS
11.1
In accordance with Article 4 of the Basic Agreement,
Border Residents in possession of Border Crossing
Cards will be permitted to engage in traditional and
customary border trade within the respective Border
Areas.
• •• /13
- 13 -
11 .2
For the purposes of this paragraph traditional goods
and goods specified in Annex A to this Arrangement
which are the subject of traditional and customary
border trade (over land or by sea) will not be
subject to any duty or tax under the laws and
regulations of the Parties hereto, but will be
subject to those laws and regulations concerning the
quarantine of goods and public health.
11 .3
The value of the goods specified in Annex A will not
exceed US$300.00 or the Kina or Rupiah equivalent,
per person per month. The Joint Border Committee may
from time to time review the goods specified in Annex
A. It will be the function of the Primary Liaison
level to present to the Joint Border Committee such
specific items of trade within the broad categories
of goods listed in Annex A.
11 .4
Traditional and customary border trade excludes all
goods prohibited by the Governments of the Republic
of Indonesia and Papua New Guinea.
11 • 5
The movement of goods other than goods specified in
Annex A and traditional goods by the holder of a
Border Crossing Card, into or out of the respective
Border Areas, will be controlled by the Border
Administration Officer or Border Officer under the
customs or other regulations of either country and
channelled through Designated Border Stations.
11 • 6
Failure by Border Residents to comply with the
provisions of this paragraph may result in the
suspension of Border Crossing Cards.
• •• /14
- 14 -
INTERFUNCTIONAL OFFICIAL VISITS AND.COMMUNlCA';t'IONS
12.1
In order to administer and control the establishment
and implementation of the traditional border
crossing facility, a communication network will be
established linking each Designated Border Station in
Papua New Guinea with its counterpart Designated
Border Station in the Republic of Indonesia.
12.2
Schedules of contact appropriate to the needs of
traditional and customary border crossings and other
aspects of border administration as are deemed
necessary from time to time, will be maintained.
12.3
Subject to appropriate approvals for which procedures
will be mutually agreed upon by the Parties hereto,
accredited Border Officers will be allowed freedom of
travel to and between counterpart Stations within the
Border Areas on official business.
12.4
The Parties hereto will authorise and clear the entry
of their respective vessels or aircraft into each
other's Area for the purpose of approved visits
between counterpart Border Officers from Designated
Border Stations.
COMMENCEMENT,, DURATION, REVIEW
13.1
These Arrangements will come into force on a date to
be mutually agreed.
• •• /1 5
- 15 -
13.2
13.3
Their continued application will be subject to:
(a)
the continuing in force of the Basic
Agreement between the Parties hereto,
its five yearly review or otherwise,
revocation, variation, or amendment
with contingent limitation or variation
to the application of these Arrangements; and
(b)
either of the Parties hereto giving
written notice of its intention to
terminate these Arrangements on a date
to be mutually agreed.
Unless otherwise mutually agreed these Arrangements
will be subject to review concurrent with the
existing Basic Agreement between the Parties hereto.
VARI,ATlON OF .ARRANGEMENl'.S
14.
The Parties hereto may, at any time, by consultation
and mutual agreement revise or amend these
Arrangements.
INTERPRETATION
15.
As and where necessary, any dispute arising out of
the interpretation or implementation of these
Arrangements, will be settled by consultation and
mutual agreement by the Joint Border Committee •
• • • /1 6
- 16 -
ADJUDICATION - TRADITIONAL.AND CUSTOMARY USAGE OF
LAND
16.1
It may arise in the process of regularising cross
border movements for traditional and customary
purposes that conflicting views or disputes may
develop concerning the extent, nature or manner of
traditional and customary usage claimed by an
applicant for traditional crossing rights.
16.2
Where such disputes arise, counterpart Border
Officers will, in the first instance, endeavour to
resolve the issue. Failing this, the matter may be
adjudicated initially at the Primary Liaison Level
and subsequently, if necessary, by the Joint Border
Committee.
16.3
It is accepted by the Parties hereto that ultimate
authority over land and its use rests with the
Government of the Party in whose Border Area the
land of disputed use is situated.
MOVEMENT .OF TRADITIONAL CRAFT, IN .COASTAL AREAS FOR
TRADITIONAL.AND CUSTOMARY .PURPOSES
17.1
The Parties hereto recognise that movement across the
border by Border Residents for traditional and
customary purposes may involve the use of
traditional craft.
• •• /1 7
- 17 -
17.2
It is agreed between the Parties hereto that Vanimo
and Jayapura and Daru and Merauke will be the points
of entry in the Border Areas for traditional craft
used for traditional and customary purposes.
17.3
Traditional craft referred to in this paragraph will
be registered with the appropriate authority of their
country of origin. They will fly the national flag
of their country of origin and will bear an official
registration number.
17.4
A Border Crossing Card will not entitle a traditional
craft to be used for a crossing of the border.
17.S
Where it is desired that a traditional craft cross
the border for traditional and customary purposes, an
authority must first be obtained. An authority under
this paragraph will be issued by an Issuing Officer
and will contain the following information:-
17.6
(a)
the name of the craft, if any;
(b)
the registration number of the craft;
(c)
the country of origin; and
(d)
the names of the occupants of the craft.
The authority issued under paragraph 17.5 will be
produced to the Issuing Officer at the point of
arrival. The Issuing Officer will record the date
and time of arrival and the subsequent date of
departure. The authority will be surrendered to the
Issuing Officer upon return to the point of
departure.
• •• /1 8
- 18 -
17.7
Save in an emergency, no traditional craft will be
permitted to land in either Border Area unless its
occupants are in possession of an authority
indicating that it first entered the other Border
Area at one of the points ref erred to in paragraph
17.2.
17.8
The provisions of paragraph 11 concerning traditional
and customary border trade will apply to trade
engaged in by means of traditional craft.
17.9
Nothing in this paragraph applies to movement across
the border by non-traditional craft for nontraditional and customary purposes.
17.10
Failure by Border Residents to comply with the
provisions of this paragraph may result in the
subsequent denial of an authority issued under
paragraph 17.5 and in seizure of the traditional
craft concerned by the Border Administration Officer.
DES.IGNATED BORDER STATIONS
18.1
The Designated Border Stations in the respective
Border Areas of the Parties hereto are indicated in
this paragraph each opposite its counterpart
Station or nearest Station.
. .. /1 9
- 19 -
18.2
PAPUA NEW GUINEA DESIGNATED
BORDER.STATION
INDONESIAN . DES I.GNATED
BORDER STATION
Wu tung
Bewani
Imonda
Amanab
Green River
I dam
Yapsiei
Tububil
Ningerum
Kiunga
Lake Murray
Aiambak
Nakaku
Weam
Morehead
Wan do
Sko
Ar so
Waris
Senggi
Ubrub
Kiwirok
Oksibil
Waropko
Mindiptanah
Bupul
Muting
Sota
Sota
Merauke
For purposes of administration, inter-functional
activities between Border Officers as described in
paragraph 12 refers to contact between specified
Officers from the above-mentioned counterpart Papua
New Guinea and Indonesian Designated Border
Stations.
• •• /20
- 20 -
BORDER INDENTIFJCATION. MARKERS
•
c
19 .1
For the purpose of implementing these Arrangements
the Parties hereto, in conjunction with those people
living in the Border Areas who claim entitlement to
cross the border for traditional and customary
purposes (claim customary rights to the use of land
across the border), will compile and exchange maps
showing approximate cross border group land usage
rights.
19.2
The Parties hereto will place appropriate signs at
border points where main walking tracks cross to
indicate the approximate location of the border.
19.3
The Parties hereto will upgrade and increase the
number of official border markers placing, in close
proximity to each, a helicopter pad thus identifying
the border both from the air and from the ground.
Signed at Port Moresby on 4 August 1982
Signed
FOR THE GOVERNMENT OF THE
REPUBLIC OF INDONESIA
a
0
Signed
FOR THE GOVERNMENT OF
PAPUA NEW GUINEA
II
Village gardening tools
Village build:ing tools and materials
Village light:ing and fuel for light:ing purposes
Village household ite:ns
Village cooking utensils
Clothing (Personal)
Natural, tinned and packaged food stuffs
Subsistence agricultural products
..
Other goods required for daily use or consumption •
.
.
.