Bougainville Peace Agreement
Date Signed: 30 August, 2001
Accord Type: Comprehensive Peace Agreement
Country: Papua New Guinea
89.00Implementation Score after 10 years
Provisions in this Accord
Cease Fire
2001
A confrontation between PNG defense force soldiers and youth from Ieta village occurred during a dance on December 19, 2001. Both soldiers and Ieta youth reportedly discharged shots. The confrontation, however, was not serious enough to be a complete violation of the ceasefire agreement.1
- “Papua New Guinea: Ex-combatants threaten to halt arms handover,” BBC Monitoring Asia Pacific, December 19, 2001.
2002
The ceasefire and Peace Monitoring Group were set in place. The 1998 ceasefire was not breached in any manner that threatened the peace process. According to the Hon. Sir Moi Avei, Minister for Bougainville Affairs (Papua New Guinea), “The commitment to the goal of peace by peaceful means displayed by ex-combatants meant that they put away many guns — and helped to convince the [Papua New Guinea] National Parliament to give their support — before the Bills to give legal effect to the Bougainville Peace Agreement were put to the vote.”1
- Moi Avei, “Making, Building and Sustaining Peace by Peaceful Means,” 2002, In “Weaving Consensus: The Papua New Guinea – Bougainville Peace Process”, ed. Andy Carl and Sr. Lorraine Garasu, Accord (12): http://www.c-r.org/our-work/accord/png-bougainville/making-buildiing-sus…, accessed December 1, 2010.
2003
As international peacekeepers were withdrawn from Bougainville (on July 2, 2003), armed militia members, who wanted full independence, threatened to resume violence (Source: Bougainville Hardliners Threaten to Disrupt Fragile Peace in Papua New Guinea, World Market Research Center, World Markets Analysis, July 03, 2003). No violence occurred and the ceasefire was maintained.
2004
The ceasefire was maintained.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Executive Branch Reform
2001
The Executive Branch reform provision is envisaged in terms of reforms that took place in order to implement the autonomy provision of the peace agreement. The majority of the reforms related to the executive branch are related to how the PNG Government and the Autonomous Bougainville Government managed to draw a line of executive power.
After signing the peace agreement in August 2001, the PNG Government worked toward establishing an Autonomous Bougainville Government. According to a BBC news report, Bougainville Affairs Minister, Moi Avei, was said to be working with other government agencies to develop plans for the establishment of the Autonomous Bougainville Government, as well as planning for reconstruction and development. Funding for such plans came from the 2002 budget.1
- “Papua New Guinea minister urges Bougainville press ahead on arms disposal,” BBC Monitoring Asia Pacific, October 15, 2001.
2002
On January 23, 2002, the PNG Parliament unanimously passed the Constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.1
On March 27, 2002, the PNG Parliament voted unanimously in favor of proposed constitutional amendment and organic law on peacebuilding in Bougainville. On that occasion, the Prime Minister, Sir Mekere Morauta, said that the government would continue to play its part in planning and preparing for the establishment of the autonomous Bougainville government.2
On September 3, 2002, Bougainville Governor, John Momis, officially announced the appointment of the Bougainville Constitutional Commission (BCC).3 The new constitution would bring substantial reform to the executive powers of the PNG government.
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
- “Papua New Guinea premier says “no turning back” on Bougainville autonomy,” BBC Summary of World Broadcasts, March 28, 2002.
- “Papua New Guinea: Bougainville Constitutional Commission announced,” BBC Summary of World Broadcasts, September 3, 2002.
2003
No information available. Constitution committee was formed in September 2002.
2004
On January 14, 2004, the National Government handed over the Bougainville Autonomous Region’s constitution to the Autonomous Bougainville Government in Arawa.1 The constitution brings executive branch reform by specifying executive powers of the PNG and the Autonomous Bougainville Government. According to Article 3 of the Bougainville Constitution, “The Autonomous Bougainville Government has jurisdiction only over the Autonomous Region of Bougainville in accordance with this Constitution and the Bougainville Peace Agreement as implemented in Part XIV (Bougainville Government and Bougainville Referendum) of the National Constitution.”
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Constitutional Reform
2001
The executive branch reform provision here is envisaged in terms of reforms that took place to implement the autonomy provision of the peace agreement, which required constitutional amendments. No initiatives were taken toward constitutional amendments on issue related to Bougainville in 2001.
2002
On January 23, 2002, the PNG Parliament unanimously passed the Constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.1
On March 27, 2002, the PNG parliament voted unanimously in favor of a proposed constitutional amendment and organic law on peacebuilding in Bougainville.2
On September 3, 2002, Bougainville Governor, John Momis, officially announced the appointment of the Bougainville Constitutional Commission (BCC).3 The new constitution would bring substantial reforms to the executive powers of the PNG Government.
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
- “Papua New Guinea premier says ‘no turning back’ on Bougainville autonomy,” BBC Summary of World Broadcasts, March 28, 2002.
- “Papua New Guinea: Bougainville Constitutional Commission announced,” BBC Summary of World Broadcasts, September 3, 2002.
2003
No information available. Constitution committee was formed in September 2002.
2004
On 14 January 2004, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa.1 The Constitution establishes an autonomous Bougainville, as well as includes a provision for an independence referendum.
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Boundary Demarcation
2001
The peace agreement’s boundary demarcation provision was not implemented in 2001.
2002
In 2002, there was a small rift on boundary-related issues. Reportedly, “the ex-combatants broke into the firearms storage containers because the self-declared state of Mekamui extended its no-go zone boundary by 5 km”. The ex-combatants saw the boundary extension as a threat.1
- “Bougainville ex-combatants rearm themselves amid Papua New Guinea poll chaos,” BBC Summary of World Broadcasts, June 20, 2002.
2003
The draft Bougainville constitution reportedly establishes a Boundary Commission to look at boundary issues.1
- “Papua New Guinea: Draft Bougainville constitution under consideration,” BBC Summary of World Broadcasts, May 16, 2003.
2004
On 14 January 2004, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa.1 Article 1 of the Constitution recognizes the boundary of Bougainville as specified in Schedule 3 (the boundaries of Bougainville Province specified in the Schedule to the National Organic Law on Provincial Boundaries) of the constitution. According to Schedule 3:
Commencing at the point of intersection of the meridian 154 degrees east longitude with the Equator thence by the said Equator east to its intersection with the meridian 160 degrees east longitude thence by the said meridian 160 degrees east longitude south to its intersection with the parallel 4 degrees 50 minutes south latitude thence by the said parallel 4 degrees 50 minutes south latitude west to its intersection with the meridian 159 degrees east longitude thence by a straight line south-westerly to a point distant 6 nautical miles on a bearing of 42 degrees true from Cape Friendship thence by a straight line southerly to a point distance 4 nautical miles on a bearing of 70 degrees 30 minutes true from Cape Friendship aforesaid thence by a straight line south-westerly to a point distant 3 nautical miles due south from the southern point of the peninsula which bounds the harbour of Tonelei on the east thence by a straight line south-westerly to a point distant 3 nautical miles due south from Moila Point thence by a straight line westerly to a point distant 8 nautical miles on a bearing of 249 degrees true from Moila Point aforesaid thence by a straight line south-westerly to the intersection of the parallel 8 degrees south latitude with the meridian 154 degrees east longitude thence by the said meridian 154 east longitude north to the point of commencement.
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
The boundary of Bougainville was marked in the 2004 Bougainville Constitution.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Electoral/Political Party Reform
2001
The peace agreement’s electoral/political party reform provision relates to the Legislative body of the Government of Bougainville. Since the Constitution of Autonomous Bougainville was still under discussion, this provision was not implemented in 2001.
2002
The peace agreement’s electoral/political party reform provision relates to the Legislative body of the Government of Bougainville. Since the Constitution of Autonomous Bougainville was still under discussion, this provision was not implemented in 2002.
2003
On September 3, 2002, Bougainville Governor, John Momis, officially announced the appointment of the Bougainville Constitutional Commission (BCC).1 The new Constitution would have a provision on electoral and political party reform.
- “Papua New Guinea: Bougainville Constitutional Commission announced,” BBC Summary of World Broadcasts, September 3, 2002.
2004
On 14 January 2004, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa.1 In Schedule 10 of the Autonomous Bougainville’s Constitution, a clear provision has been made on holding the first general elections (in 2005).
According to the 2001 peace agreement, “agreed plans for weapons disposal will be fully implemented before elections for the autonomous Bougainville Government are held” (Article 324, 2001 Bougainville Peace Agreement). The peace agreement also requires that the political parties to be fully satisfied with the compliance by the parties in the handing in of weapons and whether the level of security of the weapons makes it conducive to holding the elections. As required by the peace agreement, however, a major obstacle to the successful conclusion of the peace process remained the issue of weapon collection.
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
Francis Ona and his Me’ekamui Defence Force (MDF) did not join the weapons collection process. The weapons disposal compliance was finally completed in 2005.
The first elections for the Autonomous Region of Bougainville were held from May 20 through June 2. They were deemed fair and transparent by the International Observer Team.1 In a press release on June 15, 2005, the President of the Security Council “congratulated the Autonomous Bougainville Government and the people of Bougainville on this achievement and took note that those internationally observed elections, which reflect the expressed will of the people of Bougainville, mark a significant and historical landmark in the Bougainville peace process” (Press Release SC/8411, June 15, 2005).
The first general election for the Autonomous Region of Bougainville used a ‘First-Past-the-PostÕ voting system as stipulated in Section 109(a) of the Constitution. All subsequent elections of the President and members of the House of Representatives will be held under a preferential voting system as set out in section 109(b). In the election, Joseph Kabui was elected Bougainville’s first president.
- “Report of the Commonwealth-Pacific Islands Forum Expert Team,” General Election for the Autonomous Bougainville Government, May-June 2005, http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/E26ADF45-7…, accessed December 15, 2010.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Decentralization/Federalism
2001
The decentralization or power devolution provision in the 2001 peace agreement was envisaged in terms of establishing an Autonomous Bougainville Government with its own Executive, Legislative and Judiciary authority. In order for this to happen, the Papua New Guinea constitution had to be amended, as did organic law. No initiatives were taken on constitutional and organic law amendments in 2001.
2002
On January 23, 2002, the PNG Parliament unanimously passed the Constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.1 On March 27, 2002, the PNG Parliament voted unanimously in favor of proposed a constitutional amendment and organic law on peacebuilding in Bougainville.2 This cleared a pathway for the establishment of the Bougainville Constitutional Commission, which had the responsibility to draft a constitution for Autonomous Bougainville. On September 3, 2002, Bougainville Governor, John Momis, officially announced the appointment of the Bougainville Constitutional Commission (BCC).3 The new constitution would provide the constitutional foundation for the establishment of an autonomous Bougainville Government within the confined territory.
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
- “Papua New Guinea premier says ‘no turning back’ on Bougainville autonomy,” BBC Summary of World Broadcasts, March 28, 2002.
- “Papua New Guinea: Bougainville Constitutional Commission announced,” BBC Summary of World Broadcasts, September 3, 2002.
2003
No information available on the progress made towards establishing an Autonomous Bougainville Government as part of the territorial power sharing.
2004
On 14 January 2004, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa.1 The constitution not only establishes an autonomous Bougainville, but also has a provision for an independence referendum 10 to 15 years down the road.
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
From May 20 through June 2), 2005, the first elections were held for the Autonomous Region of Bougainville. They were deemed fair and transparent by the International Observer Team.1 In the election, a former separatist leader, Sam Kabui, won the presidency in a landslide – taking more than 55 percent of the vote in the first round. Kabui’s party, the Peoples’ Congress Party (PCP) emerged as the largest faction in the 39-seat parliament and proceeded to form a coalition government. The new government was inaugurated on June 15, 2005.2 Even though elections took place in 2005, according to Wolfers, “the ABG has been set up with formal responsibility for substantial functions, powers and control over resources and government services, Bougainville autonomy remains a work-in-progress.”3
- “Report of the Commonwealth-Pacific Islands Forum Expert Team, General Election for the Autonomous Bougainville Government,” May-June 2005, http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/E26ADF45-7…, accessed December 15, 2010.
- “2005: Sixtieth Anniversary Edition – Towards Development, Security and Human Rights for All, United Nations,” 2008 Yearbook of the United Nations, p. 454.
- Edward Wolfers, “Challenges of autonomy in Papua New Guinea’s Autonomous Region of Bougainville,” Journal of Pacific Studies 30(1) 1—22, 2007.
2006
Territorial power provision implemented in 2005 with the formation of the Autonomous Bougainville Government. No further developments.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Civil Administration Reform
2001
The autonomy provision in the peace agreement gave the proposed Autonomous Bougainville Government every power, including the power to establish its own public service and civil administration. The implementation of this provision, however, cannot be ascertained without the implementation of the autonomy provision in the agreement.
2002
On January 23, 2002, the PNG Parliament unanimously passed the constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.1 Bougainville effectively had power over its own police, courts, public service, and taxation as of January 2002.2
There remained much needed reforms and the delegation of power from the PNG Government. On November 13, 2002, the Bougainville Governor, John Momis, warned the Papua New Guinea Government that a continuing decline in public services on Bougainville was jeopardizing the peace process. The peace agreement promised improvements in services such as power and health, but the administration only received a fraction of what it needed to implement improvements.3 PNG inter-government minister, Sir Peter Barter, said that the decline in services on Bougainville was in part due to a public service that was too big.4
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
- “Papua New Guinea to Grant Autonomy,” Associated Press Online, January 23, 2002.
- “Bougainville governor warns poor services threaten peace process,” BBC Summary of World Broadcasts, November 13, 2002.
- “PNG minister says Bougainville public service needs to be cut,” United News of Bangladesh, November 19, 2002.
2003
The status of public services remained a very important issue among Bougainville leaders. Bougainville leaders asked the relevant authorities to immediately deal with the “shattered state of the public service on the island” before the formation of Autonomous Bougainville Government. North Bougainville MP James Togel said, “only a minority of employees in the public sector were dedicated to their jobs; others were not and that was unfair to public servants in other provinces.”1 Bougainville reportedly had more than 300 public servants; most of them were ghost names. However, shortly thereafter, the Bougainville Interim Government approved a reduction in the size of Bougainville public services.2
- “Buka’s laid-back public service is annoying,” PNG Post-Courier, January 22, 2003.
- “B’ville cuts back on cost, public servants to be retrenched,” PNG Post-Courier, January 24, 2003.
2004
On 14 January 2004, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa.1 The new Autonomous Bougainville Constitution includes the establishment and functioning of a public services commission. As part of the public service reform initiative, administrator Peter Tsiamalili, “said the size of the Bougainville public service will be slashed from the present 600 to 300 before the end of the year, adding that out of that one third will be based at the provincial headquarters and two thirds in the districts.”2
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
- “BÕville workforce to be downsized,” PNG Post-Courier, September 13, 2004.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Dispute Resolution Committee
2001
No developments observed.
2002
No developments observed.
2003
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
- “Chronology of Peace Process,” Bougainville Copper Limited, http://www.bcl.com.pg/events2.htm, accessed June 3, 2010.
- “Papua New Guinea disputes attorney-general’s comments to media,” BBC Summary of World Broadcasts, October 24, 2003.
2004
No activities reported.
2005
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.”1
- “Papau New Guinea Invites International Observers to Bougainville Polls, BBC Monitoring International Reports, April 7, 2005.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
Judiciary Reform
2001
The Judicial reform provision in the peace agreement gave the proposed Autonomous Bougainville Government extensive powers, including establishing its own court system. The implementation of this provision, however, cannot be ascertained without the implementation of the autonomy provision in the agreement.
2002
On January 23, 2002, the PNG Parliament unanimously passed the constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.1 Bougainville effectively had powers over its own police, courts, public service, and taxation as of January 2002.2
On March 27, 2002, the PNG Parliament voted unanimously in favor of a proposed constitutional amendment and organic law on peacebuilding in Bougainville.3 This cleared the way for the constitution writing process of Autonomous Bougainville, which would deal with the court system of Autonomous Bougainville.
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
- “Papua New Guinea to Grant Autonomy,” Associated Press Online, January 23, 2002.
- “Papua New Guinea premier says “no turning back” on Bougainville autonomy,” BBC Summary of World Broadcasts, March 28, 2002.
2003
No information available on court reform initiatives.
2004
On 14 January 2004, the National Government handed over the constitution to the Autonomous Bougainville Government in Arawa.1 The new Autonomous Bougainville Constitution includes a provision for its own court system. The new Autonomous Bougainville constitution, from Article 112 to Article 137, addresses the make-up, appointment process, and functioning of the judicial arm of the government.
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
BPA (B)(4):
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.
BPA (B)(13):
276. The National Constitution will be amended to allow the Bougainville Constitution to provide for the establishment within the National Judicial System of courts and tribunals in Bougainville ranging from courts with a similar jurisdiction to Village Courts to a court of similar jurisdiction to the National Court.
277. The name “National Court” shall not be used for any Court established by Bougainville.
278. The highest court in Bougainville will have such jurisdiction, consistent with the agreed autonomy arrangements, as may be provided under the Bougainville Constitution.
279. Until Bougainville establishes a court of similar jurisdiction to the National Court with power to hear cases under the Criminal Code, the application and enforcement of the Criminal Code will remain solely with the National Court.
280. Subject to these arrangements, laws made by the National and Bougainville Governments will be enforceable in one another’s courts.
281. The highest Court established under Bougainville law will have the power to make orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case.
282. The National Government and the autonomous Bougainville Government will consult with a view to legislating for Bougainville courts and tribunals to exercise additional jurisdiction under National law.
283. The highest Bougainville Court may have the power to review the exercise of judicial authority by courts and tribunals established under Bougainville law.
284. The National Court will remain an alternative court of review and appeal (that is, alternative to the highest appeal court in Bougainville; but not vice-versa)
285. The Supreme Court of Papua New Guinea will be the final court of appeal for Bougainville.
286. The Bougainville Constitution may provide that questions of interpretation of die Bougainville Constitution will be taken directly to the highest Bougainville court, and may be appealed to the Supreme Court.
287. Questions of interpretation of the agreed autonomy arrangements in the National Constitution or Organic Laws will be taken directly to the National or Supreme Court, as appropriate.
288. Appointment and removal of Bougainville judges will be non-political, with two representatives of the National Judicial and Legal Services Commission serving on the appointments body
289. The National Judicial System will continue to carry out its responsibilities in Bougainville.
290. The autonomous Bougainville Government will provide all reasonable assistance to the National Judicial System in the exercise of its functions.
291. The National and Bougainville Court administrations will cooperate with one another.
292. Appointments to the National Judiciary will be open to qualified persons from throughout Papua New Guinea.
293. The National Government and the autonomous Bougainville Government will develop and implement a plan for restoring and building the capacity of courts in Bougainville, including courts at village level, as provided in the Lincoln Agreement.
294. The autonomous Bougainville Government will meet the costs of establishing courts of its own above the level of the District Court as well as special tribunals.
Police Reform
2001
The police reform provision in the peace agreement gave the proposed Autonomous Bougainville Government every power, including the Office of the Chief of Bougainville Police. The implementation of this provision, however, cannot be ascertained without the implementation of the autonomy provision in the agreement.
2002
On January 23, 2002, the PNG Parliament unanimously passed the constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.1 Bougainville effectively had powers over its own police, courts, public service, and taxation as of January 2002.2
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
- “Papua New Guinea to Grant Autonomy,” Associated Press Online, January 23, 2002.
2003
The draft Bougainville constitution under consideration had provisions for constitutional offices including the Chief of Bougainville Police.1
Police reform in Bougainville gradually progressed. The PNG government proposed that, “the Bougainville police commander would be promoted to the rank of assistant commissioner in the PNG force but in practice would be responsible to the Bougainville provincial government”. It was also reported that, “up to 30 Bougainvillean police currently serving elsewhere in PNG will be progressively redeployed to their home province, to assist with training up to 100 new officers over the next two years.”2
Internal Security Minister Bire Kimisopa and Inter-Government Relations Minister Sir Peter Barter jointly announced that, “the national executive council (NEC) cabinet has formally delegated its control over the administrative and operational powers and functions of the police in Bougainville to the Bougainville Interim Provincial Executive Council (BIPEC).” “The police commissioner has drawn up the instruments raising the rank of the police commander in Bougainville to assistant commissioner. This increases the authority delegated to him under the Police Act, as well as the Public Finances Management Act and Public Service Management Act.” The ministers said that the “police commissioner would be consulting the Bougainville political leadership about the special insignia Bougainville police will wear on their chests.”3 “The National Executive Council decided to delegate police powers and functions to the Bougainville interim provincial government, with the formal handover scheduled for 16 or 17 December. Meanwhile, arrangements were being finalized for further strengthening Bougainville’s law and justice capacity through the deployment of 30 Bougainville police from the mainland and the recruitment of the first 50 to 100 Bougainvillean cadets for training.”4
- “Papua New Guinea: Draft Bougainville constitution under consideration,” BBC Summary of World Broadcasts, May 16, 2003.
- “New police regime planned for Papua New Guinea’s Bougainville,” BBC Summary of World Broadcasts, October 26, 2003.
- “Papua New Guinea’s Bougainville to have its own police,” BBC Summary of World Broadcasts, November 27, 2003.
- “Yearbook of the United Nations, 2002,” United Nations, 2005, p. 395.
2004
On January 14, 2004, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa.1 The new Autonomous Bougainville constitution has a specific provision on the Bougainville Police Service. “[S]ection 148(2) of the Constitution for the Autonomous Region of Bougainville adopted by the Bougainville Constituent Assembly in November 2004 provides for a Bougainville Police Service, not a police force — the term ‘forceÕ in relation to police was rejected quite explicitly. The Constitution also calls for the Bougainville police to ‘develop rehabilitatory and reconciliatory concepts of policingÕ, and to ‘work in harmony with communities and encourage community participation in its activitiesÕ, and ‘support and work with traditional chiefs and other traditional leaders to resolve disputes and maintain law and order in communities.'”2
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
- Anthony J. Regan, “Clever People Solving Difficult Problems — Perspectives on Weakness of State and Nation in Papua New Guinea,” SSGM Working Paper, 2002, http://dspace-prod1.anu.edu.au/bitstream/1885/43224/1/05_02wp_Regan.pdf accessed June 3, 2010.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
BPA (B)(10)(c):
210. The Bougainville Police will be subject only to the control of the autonomous Bougainville Government through a Minister (or equivalent) of that Government.
211. The Bougainville Police will not be subject to command except in accordance with Bougainville law.
212. (a) The Head of the Bougainville Police will be appointed and subject to removal for just cause by an independent commission established under the Bougainville Constitution, which will include two representatives of the National Government, one of whom will be the Commissioner of the Royal Papua New Guinea Constabulary (RPNGC) or his nominee.
(b) The head of the Bougainville Police will have a title other than Commissioner, and hold a rank below that of Commissioner of the RPNGC.
213. The Bougainville Police will be responsible for preserving peace and good order and maintaining and, as necessary, enforcing both National and Bougainville laws in an impartial and objective manner, and with full regard for human rights.
214. The National Government and the autonomous Bougainville Government will agree to arrangements for maintaining and enforcing National laws.
215. The National Government (working, where appropriate, through the RPNGC) will inspect and audit compliance of the Bougainville Police in respect of maintaining and enforcing National laws.
216. The autonomous Bougainville Government will facilitate these inspections and audits.
217. Any differences about agreed arrangements will be resolved through the agreed dispute resolution procedures.
218. The RPNGC may itself exercise its functions in Bougainville.
219. The autonomous Bougainville Government and the Bougainville Police, and the National Government and the RPNGC, will develop appropriate agreed arrangements to facilitate the exercise of those functions.
220. The autonomous Bougainville Government and the Bougainville Police will provide all reasonable assistance to the RPNGC in the exercise of those functions.
221. The parties accept that the National Government has no immediate plans to redeploy Police Mobile Units or similar units to Bougainville after they have been withdrawn in accordance with the agreed weapons disposal plan.
222. After phased withdrawal, RPNGC Police Mobile Units or similar units will be deployed to Bougainville only after consultation (through procedures appropriate to the urgency of the particular situation) and consensus is reached between the National Government and the autonomous Bougainville Government in support of that deployment.
223. The Bougainville Police will not develop the equivalent of an armed Police Mobile Unit.
224. Bougainville law for the Bougainville Police will provide for the following:
(a) core training and personnel development arrangements consistent with those of the RPNGC; and
(b) rank structure, and terms and conditions of employment consistent with those of the RPNGC.
225. The uniforms, vehicles, premises and stationery of the Bougainville Police will include the National Emblem or name.
226. The co-operative arrangements for the Bougainville Police will include:
(a) mutual assistance in law enforcement;
(b) compatible policing standards, procedures and equipment, including co-operative procurement arrangements.
227. The Bougainville Police and the RPNGC will develop agreed arrangements for continuing access by the Bougainville Police to specialist services (for example, forensic, criminal investigation, etc.) and other support from the RPNGC.
228. The parties recognize that these agreed policing arrangements will require a balance between the following needs:
(a) for the fundamentals of criminal law to be consistent and capable of consistent enforcement throughout Papua New Guinea; and
(b) for Bougainville to be able to develop its own approaches to criminal law.
229. (a) The National Government will provide the autonomous Bougainville Government with funding by way of guaranteed annual conditional grants for the specific purpose of meeting the recurrent costs of policing in Bougainville.
(b) The minimum grant will be sufficient to support existing levels of police activities in Bougainville.
(c) The grant will be adjusted annually on the same basis as the adjustment of the recurrent grant.
230. The National Government will provide the autonomous Bougainville Government with guaranteed conditional grants intended to:
(a) restore civilian peacetime policing in Bougainville, one measure to be the reaching of normal levels of policing elsewhere in Papua New Guinea, such funding to be taken into account in the calculation of the amount of the grant for recurrent costs of policing in subsequent years;
(b) provide for further development of policing services in Bougainville.
231. Grants to the autonomous Bougainville Government in relation to policing will be taken into account when determining progress towards fiscal self-reliance by the autonomous Bougainville Government.
232. The additional costs of establishing and maintaining the Bougainville Police outside the RPNGC will be equitably shared between the National Government and the autonomous Bougainville Government.
233. The Bougainville Police and the autonomous Bougainville Government will maintain order and enforce the law on behalf of Bougainville and the State as a whole and shall seek support and assistance from other appropriate state agencies to deal with threats or situations in which that support or assistance is required.
234. On the request of the autonomous Bougainville Government, the RPNGC may deploy additional police to assist the Bougainville Police.
235. (a) Until such time as the autonomous Bougainville Government establishes the Bougainville Police under the Bougainville Constitution, the National Government will facilitate progress towards greater autonomy in the policing arrangements in Bougainville through delegations by the Police Commissioner of administrative and operational powers and functions to the Provincial Police Commander in Bougainville.
(b) These arrangements will be implemented on receipt of a request from the Bougainville Interim Provincial Government.
236. The Bougainville Police will initially be made up of RPNGC personnel who will serve on a basis to be agreed.
237. (a) The RPNGC Commissioner will consult the executive of the autonomous Bougainville Government on the appointment of the Police Commander in Bougainville and appoint their nominee.
(b) The National Government will make the delegations of administrative and operational powers and functions in such a way that the Commander is, in practice, responsible (through a Minister or equivalent)
to the Bougainville Interim Provincial Government, and, when it is established, the autonomous Bougainville Government.
238. The National Government and the autonomous Bougainville Government will develop a recruitment and training plan for building Bougainville Police capacity.
239. The RPNGC and the Bougainville Police will give reasonable consideration to the transfer of RPNGC personnel in Bougainville who wish to serve elsewhere in Papua New Guinea and the integration or secondment into the Bougainville Police of those members of the RPNGC who wish to serve in the Bougainville Police.
240. The National Police Act will continue to apply in Bougainville, subject to necessary modifications, until the autonomous Bougainville Government passes its own legislation concerning police.
Disarmament
2001
On May 9 the Peace Process Consultative Committee endorsed the Resolution on Weapons Disposal of the BPA.1 Stages I and II of the weapons disposal program commenced. Stage I consisted of placing weapons in small containers. Stage II involved placing those small containers into larger shipping containers. Factional unit commanders, verified by the UNOMB, controlled containers. The Peace Monitoring Group (PMG) also monitored them regularly.
- Natascha Spark and Jackie Bailey, “Disarmament in Bougainville: ‘guns in boxes,'” International Peacekeeping, 12(4): 601, 2005.
2002
“The PMG worked within the defined steps of the BPA and the PMG’s agreement to support the UNOMB in weapons disposal. The PMG provided large, lockable plastic containers for Stage I and large steel shipping containers for Stage II. It transported the containers across the island via helicopter and provided experts to catalogue and count the weapons. The PMG transported ex-combatants around the island to encourage the disposal of weapons and attend the disposal ceremonies, which often attained ritualistic significance, symbolizing an end to the conflict and a return to civilian life.”1 By the end of 2002, the PMG convinced the PNG Parliament to pass legislation indicating the beginning of the end of the disarmament process.
2003
Stages I and II continued. Following several thefts, the procedure was modified to double locking of the small containers in stage I, which were then deemed to be at stage II. Early in 2003, the PMG command appealed to women, chiefs, and church leaders to convince their community men to disarm.
According to a report of the Secretary General to the Security Council on the UN Political Office in Bougainville, “At the end of February 2003, 80.2 per cent of Bougainville had reached stage II, and two districts had fully completed the process of disarmament. Of the total number of collected weapons, 7.4 per cent have been destroyed in advance of the formal launch of stage III.”1 The report highlighted the obstacles to achieve a reasonably complete weapons disposal in Bougainville, primarily the non-involvement of Mr. Francis Ona and his MeÕekamui Defence Force (MDF) in the peace process. According to a news report, the Australian Defence Force said that the Bougainville disarmament process had gathered 1,621 guns. The Bougainville Revolutionary Army had secured 1,025 of the guns and the other 596 were from the Bougainville Resistance Force. The Australian military spokesman in Canberra, Brig Mike Hannan, said that more than half the weapons have been moved from villages to centralized steel containers with United Nations observers.2
- “Secretary General’s Report,” U.N. Security Council (S/2003/345), March 20, 2003.
- “Papua New Guinea: Bougainville disarmament process gathers over 1,600 guns,” BBC Summary of World Broadcasts, October 10, 2002.
2004
Stage III was carried out. Most weapons were destroyed.
2005
“As of mid-2005 weapons disposal had achieved ‘significant compliance according to the UN, but was still incomplete. About 5 per cent of the weapons at Stage II were not yet destroyed, and some weapons never even made it to Stage I.”1
However, the disarmament process was largely successful. On May 19, 2005, “UNOMB informed the parties to the Bougainville Peace Agreement that the weapons disposal plan incorporated into the Agreement had been implemented. Of a total 2,016 weapons kept in containers, 1,896 were destroyed. UNOMB collected and destroyed an additional 155 weapons, bringing the total to 2,051 weapons. It is therefore determined that the parties had substantially complied with the implementation of the plan, paving the way for the holding of elections.”2 Having deemed their mandate complete, UNOMB left Bougainville.
- “Disarmament in Bougainville: ‘guns in boxes,” International Peacekeeping.
- “Yearbook of the United Nations 2005: Sixtieth Anniversary Edition – Towards Development, Security and Human Rights for All,” United Nations; 60 Anv edition, 2005, p. 455.
2006
Disarmament of former combatants was only partially successful as Francis Ona and his MeÕekamui Defence Force (MDF) did not participate in the peace process. The issue of light arms remained.
2007
Disarmament of former combatants was only partially successful as Francis Ona and his MeÕekamui Defence Force (MDF) did not participate in the peace process. The issue of light arms remained.
2008
The government recognizes, “[s]mall firearms control and weapons disposal” as an outstanding issue, and names 2008 as, “the year of Reconciliation and Weapons Disposal.”1
- “Presentation on Bougainville Peace Process,” Autonomous Bougainville Government, 2008, http://www.peacebuilders.in/main/uploads/pdfs/08-07_bougainville_peace_p…, accessed June 9, 2010.
2009
A Peace, Reconciliation and Weapons Disposal Ministry was created within the Autonomous Bougainville Government. Robert Hamal Sawa was appointed to the position.1
2010
“The people of Rotokas in the Wakunai District of Central Bougainville have taken the lead in disposing of their firearms. As part of their effort in the Bougainville peace process, ex-combatants in the mountainous region on Wednesday handed in three firearms to the Autonomous Bougainville Government Minister for Peace, Reconciliation and Weapons Disposal and MP for Hagogohe Robert Hama Sawa and his ministry co-ordinator George Manu at Ruruvu.”1
- “Ex-Combatants Give Up Firearms,” PNG Post-Courier, Jan 22, 2010; UNOMB’s Verification Report, Implementation of the Bougainville Peace Agreement: Completion of Stage II of Weapons Disposal, http://www.igr.gov.pg/unoreport.pdf, Accessed on June 3, 2010.
BPA (C):
324. Agreed plans for weapons disposal will be fully implemented before elections for the autonomous Bougainville Government are held.
BPA (E):
329. The Parties endorse the weapons disposal plan developed with ex-combatants and contained in the Resolution on Weapons Disposal adopted by the Peace Process Consultative Committee (PPCC) on 9th May 2001 (set out in the following pages), and will regard implementation in full accordance with the Plan as representing mutually acceptable compliance with the last paragraph of the Agreed Principles on Referendum (set out above).
Peace Process Consultative Committee (PPCC) Resolution on Weapons Disposal:
5. Weapons disposal will be implemented in stages.
Stage 1
6. Stage 1 will begin immediately, initially in areas where there is no Defense Force or Police Mobile Unit presence. It will proceed in all areas as follows:
(1) Councils of Chiefs/Elders will inform UNOMB when the people in a particular area are ready for ex-combatants to disarm and reintegrate into the community, remaining Defense Force and Police Mobile Units to withdraw, and weapons to be securely contained;
(2) UNOMB will inform the PPCC sub-committee;
(3) the National Government will be advised and take appropriate steps to arrange for Defense Force and Police Mobile Unit personnel to withdraw from that area;
(4) weapons will be handed in to BRA and BRF unit commanders, who will store them securely in containers provided through the PPCC and sealed for purposes of verification by UNOMB.
Note: BRA and BRF structures are outlined in Attachment 1.
Stage 2
7. (a) After implementation of stage 1 in any area, stage 2 will begin in that area with the delivery of weapons to company commanders, who will place them in secure containers at a small number of central locations.
(b) When and if amendments to the National Constitution to implement the comprehensive agreement are ready for certification, the weapons will be held in containers under UNOMB supervision and secured by two locks – with one key held by the relevant commander and the other held by UNOMB – pending a final decision on the ultimate fate of the weapons.
(c) The Bills to amend the National Constitution will provide for the constitutional amendments to take effect on verification by UNOMB that die weapons are in secure, double-locked containers under its supervision.
Stage 3: Final Fate of the Weapons
8. (a) A decision on the final fate of the weapons should be made within 4 V% months of the coming into effect of the constitutional amendments. If no decision is made, the Parties will meet with a view to reaching agreement on whether or not the elections should be delayed, taking into account whether or not there has been genuine handing in of weapons and the level of security of the weapons.
(b) In any event, any of the parties may call on the UNOMB with the assistance of the PMG to verify and certify whether there has been substantial compliance by the parties in the handing in of weapons and whether the level of security of the weapons makes it conducive to holding the elections.
(c) UNOMB’s report will be presented to, and considered by, the PPCC.
(d) The Bougainville parties will be bound by UNOMB’s findings on whether or not the first election for the autonomous Bougainville Government will be deferred, and the length of any deferral.
Verification and Other Practical Considerations
9. (a) UNOMB will carry out such inspections and inquiries as its representative considers necessary at each stage, verify the collection and storage of weapons, and report its findings regularly, frequently and fully to the PPCC, with respect for such confidentiality as may be required.
(b) The parties will co-operate with each other and UNOMB to ensure that UNOMB can carry out its responsibilities under this Resolution efficiently and effectively.
10. (a) Weapons that have been handed in will not be reissued.
(b) Ex-combatants will not attempt to rearm.
(c) Keys will be kept securely by those to whom they are entrusted, and not handed over to anyone else.
(d) The parties will respect and co-operate in promoting wider respect for the security of containers, keys and those who are responsible for them under this Resolution.
(e) The National Government assures the PPCC it will not redeploy members of the Defence Force or the Police Mobile Units in new areas or areas from which they have been withdrawn.
International Aspect
11. The National Government will seek the agreement of the United Nations Security Council for UNOMB to carry out the responsibilities specified in this Resolution,.
12. The National Government will request the states that contribute to the Peace Monitoring Group (PMG) to (1) provide technical assistance, (2) agree to the PMG’s support, for implementation of this Resolution.
13. The National Government will seek the assistance of foreign development co – operation partners in developing and implementing a programme to assist in the reintegration and rehabilitation of ex-combatants.
Reintegration
2001
“The Peace Monitoring Group (PMG) Command’s implementation in late 2001 and early 2002 focused on taking ex-combatant leaders on an island-wide awareness roadshow, to encourage ex-combatants to give up their guns. This left little scope for engaging with grassroots concerns about eradicating or reducing the gun culture and getting the fighting men back into the community fold.”1 According to Skark and Bailey (2005: 602-3), there was no or little consideration of the social, economic, or political implications of disarmament for the ex-combatants and their dependents.
- Natascha Spark and Jackie Bailey, “Disarmament in Bougainville: ‘guns in boxes,'” International Peacekeeping 12(4): 603.
2002
Reintegration remained an important issue. On November 28, 2002, Kieran Prendergast, Under-Secretary-General for Political Affairs, told the Security Council that progress in the Bougainville, Papua New Guinea peace process, had experienced some setbacks since last August. He said that the “reconciliation and the integration of ex-combatants remained the absolute priorities to ensure long-term peace, and the early reintegration of former combatants and their engagement in gainful employment should, therefore, be addressed urgently.”1
- “UN Security Council asked to extend mandate of UN Political Office in Bougainville, Papua New Guinea; Under-Secretary-General cites setbacks in weapons disposal plan,” M2 PRESSWIRE, November 22, 2002.
2003
Assistant Secretary-General for Political Affairs, Danilo Turk, told the Security Council on March 30, 2003, that the, “UNPOB is looking to the United Nations Development Programme (UNDP) and other United Nations agencies to take the lead in promoting activities on the island that could facilitate the reintegration and rehabilitation of former combatants and, more generally, the restoration of community services and infrastructure. The UNDP programme in Bougainville is in a transition phase, and UNPOB is holding consultations with the UNDP aimed at ensuring that its valuable contribution to post-conflict peace-building, including the improvement of governance on the island, is sustained.”1 Reintegration remained one of the most important issues in 2003.
- “UN Security Council told peace agreement between Papua New Guinea, Bougainville can be fully implemented by year’s end, despite serious obstacles – Part 1 of 2,” M2 PRESSWIRE, March 31, 2003.
2004
Estimates suggest that approximately 5,000 combatants fought the war. However, 15,000 registered as ex-combatants with AusAid’s BETA fund to reintegrate ex-combatants through business and training opportunities. The program funded 2,734 applicants.1 No precise information is available on how the reintegration process moved forward.
According to Braithwaite et al. (2009), most of the new recruitments for full-time jobs in the police, and as part-time auxiliary police, went to ex-combatants. Large numbers of ex-combatants also got jobs on the AusAid road and bridge rebuilding and repair projects. Only a few of the more senior and more educated combatants got jobs in the Bougainville administration, though many won seats in the House of Representatives beyond those designated for combatants.
- John Braithwaite, Hilary Charlesworth, Peter Reddy and Leah Dunn, “Peacebuilding Compared Working Paper 6: Bougainville” 2005, http://peacebuilding.anu.edu.au/_documents/Workingpapers/BougainvilleWor….
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
Peace Process Consultative Committee (PPCC) Resolution on Weapons Disposal:
Stage 1
6. Stage 1 will begin immediately, initially in areas where there is no Defense Force or Police Mobile Unit presence. It will proceed in all areas as follows:
(1) Councils of Chiefs/Elders will inform UNOMB when the people in a particular area are ready for ex-combatants to disarm and reintegrate into the community, remaining Defense Force and Police Mobile Units to withdraw, and weapons to be securely contained;
14. Recognizing that weapons disposal and reconciliation are both mutually reinforcing and necessary to lasting peace by peaceful means, the parties undertake to co-operate in promoting reconciliation among ex-combatants and in the wider community, and restoration of civil authority in Bougainville.
Human Rights
2001
No further information is available on whether steps towards implementing the human rights provision in the peace agreement had been taken.
2002
No further developments observed this year.
2003
Governor John Momis, during a presentation to a high-powered ministerial delegation visiting Bougainville in February 2003, said that one of the major outstanding issues of his government and other leaders involved in the peace process was the, “provision of compensation for some of the grave human rights abuses that occurred during the conflict.”1 In addition, the draft constitution, “provides for the adoption of the human rights and freedoms contained under the PNG constitution and the adoption of the criminal code.”2
- “Papua New Guinea: Bougainville governor calls for strong government support,” BBC Summary of World Broadcasts, February 19, 2003.
- “Papua New Guinea: Draft Bougainville constitution under consideration,” BBC Summary of World Broadcasts, May 16, 2003.
2004
On 14 January 2004, the National Government handed over the constitution to the Autonomous Bougainville Government in Arawa.1 The new Autonomous Bougainville constitution has specific provision on human rights. Part 14 of the constitution, (Article 178-186), has different provisions related to human rights, including entitlement to reasonable damages for an individual’s human rights (Article 184). Bougainville citizens have additional human rights that go beyond those rights granted to their fellow citizens under the Papua New Guinea constitution.
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
BPA (B)(8):
123. The autonomous Bougainville Government will have the power to provide additional guarantees of human rights in Bougainville, which do not abrogate the human rights provisions in the National Constitution.
124. The autonomous Bougainville Government will have the power to establish mechanisms for enforcement of human rights that do not abrogate the human rights provisions in the National Constitution.
125. The autonomous Bougainville Government will have the power to qualify human rights incidental to the exercise of its powers and functions under Section 38 of the National Constitution, except in relation to ‘defense’.
126. Proceedings for the enforcement of human rights by residents of Bougainville may be commenced in Bougainville courts or institutions or the National Court.
127. The Supreme Court will remain the final court of appeal on human rights matters.
128. The National Government and the autonomous Bougainville Government will establish a joint commission to examine and report on the issues that would be involved in giving the autonomous Bougainville Government power to make laws permitting courts or Councils of Elders to require clan-groups to which persons convicted of criminal offenses belong to meet customary, non-custodial obligations.
129. The terms of reference for the commission will direct it to have full regard for:
(a) the aspirations of Bougainvilleans for the integration of custom and introduced law;
(b) the national human rights regime;
(c) the justice system in Bougainville and Papua New Guinea as a whole; and
(d) the international human rights system and other relevant aspects of international law.
130. The joint commission will be established at the initiative of either Government; its membership will be mutually agreed; the costs of the commission will be shared.
131. The commission’s report, which will be submitted by an agreed date, will be tabled for consideration in the National Parliament and the Bougainville legislature.
132. The National Government and the autonomous Bougainville Government will inform one another of the outcome of the debates in their respective legislatures, and co-operate in giving effect to mutually acceptable, practical follow-up action, as may be appropriate, through consultation, the joint supervisory body or the agreed five-yearly reviews.
133. The above procedures may also be used to follow-up on doubts about whether the autonomous Bougainville Government has power under the existing human rights provisions to make laws regulating or restricting the qualified rights other than laws made in accordance with Section 38 of the National Constitution.
Amnesty
2001
The PNG Government Attorney General sought an opinion from the Supreme Court on whether amnesty and/or pardon could be granted under the constitution to persons in the commission of offences in the Bougainville crisis.1
- “Papua New Guinea: Court asked to rule on Bougainville pardons,” BBC Monitoring Asia Pacific, October 9, 2001.
2002
On August 1, 2002, the PNG government approved an amnesty from prosecution for war crimes committed during the bloody 13-year secessionist struggle in Bougainville, where up to 15,000 people died. Exceptions to the amnesty were made for crimes related to infanticide and sexual offenses.1
2003
A former commander of Papua New Guinea’s Defence Force was believed to have become the first person to seek amnesty under the provisions of the Bougainville Peace Agreement. He faced charges of sedition over the 1997 Sandline affair.1
- “Papua New Guinea former defense commander seeks amnesty,” BBC Summary of World Broadcasts, June 10, 2003.
2004
No further information is available on how the amnesty law was carried out once the government had approved the amnesty provision.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
BPA (E)(1):
331. The parties confirm that grants of amnesty and pardon (as agreed in the Lincoln Agreement) for all persons involved in crisis-related activities or convicted of offenses arising out of crisis-related activities should be expedited, and will co-operate to ensure that they are.
Lincoln Agreement:
10. Amnesty and Pardon
The Papua New Guinea National Government will:
(a) Grant amnesty to persons involved in crisis-related activities on all sides;
(b) Following receipt of advice from the Advisory Committee on the Power of Mercy, recommend pardons for persons convicted of crisis-related offenses.
Right of Self-Determination
2001
For self determination, the Papua New Guinea constitution had to be amended and power had to be devolved. This did not happen in 2001.
2002
The Papua New Guinea constitution was amended in January 2002 and the amendment allowed for a referendum on independence to be held within 10 to 15 years.1
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
2003
No developments observed this year.
2004
As part of the self determination implementation, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa in January 2004.1
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
After general elections on 2 June, the first Autonomous Bougainville Government, following the internationally observed elections in Bougainville, was inaugurated on 15 June 2005.1
- “Statement attributable to the Spokesman for the Secretary-General on Bougainville, Papua New Guinea,” United Nations Secretary-General: Office of the Spokesman, October 20, 2006, http://www.un.org/apps/sg/sgstats.asp?nid=1511, accessed on June 3, 2010.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
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.
321. 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.
322. The agreed dispute resolution mechanism will be used to resolve any differences concerning any issues related to holding the referendum, including issues concerning the questions or method of choice in referendum, and the actual date of the referendum.
323. Consultations over the referendum will include:
(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 and 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.
324. Agreed plans for weapons disposal will be fully implemented before elections for the autonomous Bougainville Government are held.
Economic and Social Development
2001
During the first week of October 2001, Bougainville Affairs Minister, Moi Avei, said, “his ministry was working with other government agencies to develop plans and get enough money from the 2002 budget to prepare for establishment of the autonomous Bougainville government, as well as other aspects of restoration and development in the province. The government was also talking with foreign aid donors to see how they could assist.”1 In November 2001, “Bougainville got the highest provincial allocations of 66m kina from both the development and recurrent budgets in the 2002 budget.”2
- “Papua New Guinea minister urges Bougainville press ahead on arms disposal,” BBC Monitoring Asia Pacific, October 15, 2001.
- “Papua New Guinea: Bougainville top province in budget allocations,” BBC Monitoring Asia Pacific, November 28, 2001.
2002
By 2002, “basic government education and health services have been restored in most areas.”1 ; “Economic activity opportunities are limited and infrastructure development is slow, contributing to frustration with the pace of change.”2
- Anthony J. Regan, “The Bougainville Political Settlement and the Prospects for Sustainable Peace,” Pacific Economic Bulletin 17(1): 114-129, 2002, p. 115.
- Ibid.
2003
The PNG Government approved a massive 86m kina budget for the Bougainville Interim Provincial Government. According to a report, the government would contribute 28m kina, and donor countries – New Zealand, Australia and the European Union — would provide 58m kina of the budget. Much of the funding was expected to go towards the restoration of peace.1
- “Papua New Guinea: ‘Massive’ Bougainville budget approved,” BBC Summary of World Broadcasts, February 10, 2003.
2004
Provincial Treasurer Joel Banam in Buka handed down Bougainville’s ambitious 82m kina 2005 budget on December 21, 2004. According to Provincial Treasurer Joel Banam, “total funds estimated available to Bougainville from all sources in 2005 is 82,554,100 kina.” He said the total national government grant was 40,364,100 kina, donor contributions totaled 21,690,000 kina, and internal revenue from Bougainville was 1,200,000 kina, bringing the 2005 budget to 63,254,100 kina. Other sources of funding included a 4m kina balance originally paid as an establishment grant in 2003.1
- “Papua New Guinea: Bougainville hands down 2005 budget,” BBC Summary of World Broadcasts, December 22, 2004.
2005
During deliberations in the July 6, 2005 Security Council meeting (5222nd meeting), the Assistant Secretary-General stated, the Autonomous Administration of Bougainville was in the process of developing a coherent development plan to improve economic development and government services.1
- United Nations Security Council, 5222nd Meeting, s/PV.5222, 6 July 2005, http://www.undemocracy.com/S-PV-5222.pdf.
2006
No further development observed.
2007
No further development observed.
2008
No further development observed.
2009
No further development observed.
2010
No further development observed.
BPA (B)(9)(e):
160. The autonomous Bougainville Government will receive an annual restoration and development grant no less than the 2001 Public Investment Programme (PIP) and adjusted upwards pro rata in accordance with the National PIP averaged over a rolling five year period.
161. An agreed Bougainville-controlled mechanism, including both Bougainville and National Government representation, will be established to coordinate the restoration and development program in Bougainville.
162. The National Government representation in that mechanism will be subject to review in the future review process.
Ratification Mechanism
2001
The Bougainville agreement on an Autonomous Government for Bougainville was brought up in the PNG Parliament on October 17, 2001 for parliamentary approval.1 The agreement, however, was not approved in 2001.
- “Papua New Guinea: Bougainville agreement tabled before parliament,” BBC Monitoring Asia Pacific, October 18, 2001.
2002
On January 23, 2002, the PNG Parliament unanimously passed the constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.1 This also marks the ratification of the 2001 Bougainville peace agreement.
On March 27, 2002, the PNG Parliament voted unanimously in favor of a proposed constitutional amendment and organic law on peacebuilding in Bougainville.2 The agreement was ratified in January 2002.
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
- “Papua New Guinea premier says ‘no turning back’ on Bougainville autonomy,” BBC Summary of World Broadcasts, March 28, 2002.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
BPA (B)(3):
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.
Donor Support
2001
In the first week of October 2001, Bougainville Affairs Minister, Moi Avei, said that, “his ministry was working with other government agencies to develop plans and get enough money from the 2002 budget to prepare for establishment of the autonomous Bougainville government, as well as other aspects of restoration and development in the province. The government was also talking with foreign aid donors to see how they could assist.”1
In November 2001, “Bougainville got the highest provincial allocations of 66m kina from both the development and recurrent budgets in the 2002 budget” The province’s higher allocation of 41,395,900 kina was from the development budget. Although this was the highest allocation, it is funded mostly by donor agencies.2
- “Papua New Guinea minister urges Bougainville press ahead on arms disposal,” BBC Monitoring Asia Pacific, October 15, 2001.
- “Papua New Guinea: Bougainville top province in budget allocations,” BBC Monitoring Asia Pacific, November 28, 2001.
2002
The PNG Government reportedly approved a massive 86m kina budget for the Bougainville Interim Provincial Government. According to a news report, the PNG Government would contribute 28m kina, and donor countries – New Zealand, Australia and the European Union — would provide 58m kina of the budget. Much of the funding was expected to go towards the restoration of peace.1
- “Papua New Guinea: ‘Massive’ Bougainville budget approved,” BBC Summary of World Broadcasts, February 10, 2003.
2003
Bougainville received aid support from UNPOB, as well as from Australia, New Zealand, Fiji and Vanuatu, which had also played a role in stabilizing the situation. United Nations agencies and the international community of donors also contributed to restoring peace.1
- “UN Summaries of statements in today’s Security Council meeting on Papua New Guinea,” M2 PRESSWIRE, December 16, 2003.
2004
Provincial Treasurer Joel Banam in Buka handed down Bougainville’s ambitious 82m kina 2005 budget on December 21, 2004. According to Mr. Banam, “total funds estimated available to Bougainville from all sources in 2005 is 82,554,100 kina”. He said the total national government grant was 40,364,100 kina, donor contributions were 21,690,000 kina, and internal revenue from Bougainville was 1,200,000 kina, bringing the 2005 budget to 63,254,100 kina. Other sources of funding included a 4m kina balance originally paid as an establishment grant in 2003.1
- “Papua New Guinea: Bougainville hands down 2005 budget,” BBC Summary of World Broadcasts, December 22, 2004.
2005
During the inauguration of the first Autonomous Bougainville Government, the UN Secretary General asked the international donor community to provide further assistance to the national and autonomous government for reconstruction.1 Australia continuously provided aid support to rebuild socio-economic infrastructure in Bougainville.
- “UN: Secretary-General applauds people, leaders of Papua New Guinea for inauguration of first Autonomous Bougainville Government,” M2 Presswire, June 15, 2005.
2006
Bougainville continued to receive foreign aid to consolidate the peace.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
BPA (B)(9):
173. The National Government will do its best to obtain foreign aid to support restoration and development in Bougainville, and to facilitate the autonomous Bougainville Government’s participation in managing aid projects.
174. The autonomous Bougainville Government will be able to obtain foreign aid.
175. The National Government will approve foreign aid secured by the autonomous Bougainville Government, which does not reduce the value of aid already available to Papua New Guinea – and subject to overriding foreign policy considerations.
176. The autonomous Bougainville Government will keep the National Government fully informed of its efforts to obtain foreign aid.
177. The National Government will co-operate with the autonomous Bougainville Government by negotiating such international agreements as may be required to finalise foreign aid prospects identified by the autonomous Bougainville Government.
Detailed Implementation Timeline
2001
Most of the provisions specified in the agreement were implemented in a timely manner as specified in the agreement.
2002
As specified in the accord, implementation of provisions took place in a timely manner. In January 2002, constitutional reforms took place. On September 3, 2002, Bougainville Governor, John Momis, officially announced the appointment of the Bougainville Constitutional Commission (BCC).1
- “Papua New Guinea: Bougainville Constitutional Commission announced,” BBC Summary of World Broadcasts, September 3, 2002.
2003
Implementation of most of the provisions of the peace agreement was on track as specified in the agreement.
2004
No developments observed this year.
2005
Most of the provisions of the peace agreement were implemented in a timely manner. Constitutional reform, drafting of the Autonomous Bougainville Constitution, disposal of weapons, holding of elections, formation of a Bougainville autonomous government, and withdrawal of troops all implemented as specified in the agreement.1
- “United Nations Security Council Press Release,” SC/8437, 06/07/2005, http://www.un.org/News/Press/docs/2005/sc8437.doc.htm, accessed June 3, 2010.
2006
No report of delay in implementation.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
Peace Process Consultative Committee (PPCC) Resolution on Weapons Disposal:
5. Weapons disposal will be implemented in stages.
Stage 1
6. Stage 1 will begin immediately, initially in areas where there is no Defence Force or Police Mobile Unit presence. It will proceed in all areas as follows:
(1) Councils of Chiefs/Elders will inform UNOMB when the people in a particular area are ready for ex-combatants to disarm and reintegrate into the community, remaining Defence Force and Police Mobile Units to withdraw, and weapons to be securely contained;
(2) UNOMB will inform the PPCC sub-committee;
(3) the National Government will be advised and take appropriate steps to arrange for Defence Force and Police Mobile Unit personnel to withdraw from that area;
(4) weapons will be handed in to BRA and BRF unit commanders, who will store them securely in containers provided through the PPCC and sealed for purposes of verification by UNOMB.
Note: BRA and BRF structures are outlined in Attachment 1.
Stage 2
7. (a) After implementation of stage 1 in any area, stage 2 will begin in that area with the delivery of weapons to company commanders, who will place them in secure containers at a small number of central locations.
(b) When and if amendments to the National Constitution to implement the comprehensive agreement are ready for certification, the weapons will be held in containers under UNOMB supervision and secured by two locks – with one key held by the relevant commander and the other held by UNOMB – pending a final decision on the ultimate fate of the weapons.
(c) The Bills to amend the National Constitution will provide for the constitutional amendments to take effect on verification by UNOMB that die weapons are in secure, double-locked containers under its supervision.
Stage 3: Final Fate of the Weapons
8. (a) A decision on the final fate of the weapons should be made within 4 V% months of the coming into effect of the constitutional amendments. If no decision is made, the Parties will meet with a view to reaching agreement on whether or not the elections should be delayed, taking into account whether or not there has been genuine handing in of weapons and the level of security of the weapons.
(b) In any event, any of the parties may call on the UNOMB with the assistance of the PMG to verify and certify whether there has been substantial compliance by the parties in the handing in of weapons and whether the level of security of the weapons makes it conducive to holding the elections.
(c) UNOMB’s report will be presented to, and considered by, the PPCC.
(d) The Bougainville parties will be bound by UNOMB’s findings on whether or not the first election for the autonomous Bougainville Government will be deferred, and the length of any deferral.
Natural Resource Management
2001
Natural resource management in Bougainville is contingent upon the autonomy provision in the 2001 peace agreement. The Bougainville agreement on an autonomous government for Bougainville was tabled in Parliament on October 17, 2001 for parliamentary approval.1 The agreement, however, was not approved in 2001.
- “Papua New Guinea: Bougainville agreement tabled before parliament,” BBC Monitoring Asia Pacific, October 18, 2001.
2002
On January 23, 2002, the PNG Parliament unanimously passed the constitutional amendments related to Bougainville. Both sides of the House were united to ensure that the proposed legislation, giving more autonomy to the Bougainville Government, remained on track for the final reading in March. The amendment also allowed for a referendum on independence to be held within 10 to 15 years.1 On March 27, 2002, PNG parliament voted unanimously in favor of a proposed constitutional amendment and organic law on peacebuilding in Bougainville.2
- “Papua New Guinea: Bougainville bill clears first hurdle,” BBC Monitoring Asia Pacific, January 24, 2002.
- “Papua New Guinea premier says ‘no turning back’ on Bougainville autonomy,” BBC Summary of World Broadcasts, March 28, 2002.
2003
No information available on natural resource management.
2004
On 14 January 2004, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa.1 The constitution established an autonomous Bougainville, but also has a provision for land and natural resources, which establishes the customary rights of Bougainville people.
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
2005
Bougainville established control over natural resources in 2004. In 2005, Bougainville governor stressed to diversify the Bougainville economy “with greater revenue from fishing, tourism and mining would insulate Bougainville from commodity price fluctuations.1
- “Papua New Guinea: Governor stresses need for strong Bougainville economy,” BBC Monitoring Asia Pacific, August 8, 2005.
2006
Bougainville established control over natural resources in 2004. “Members of the Bougainville House of Representatives believe mining is still the main revenue earning thrust for Bougainville. Member for Baubake Constituency in Buin, South Bougainville, Thomas Lugabai supported his Taonita Teop colleague Joseph Gitovea who had compiled and presented a paper on why mining should be seriously looked at to raise the region’s ailing economy.”1
2007
The Autonomous Bougainville Government had fully established its control over natural resources. In June 2007, ABG Mining Minister, Mathias, said that the ABG would not hesitate to take over any mining and exploration rights on Bougainville. He said that the, “ABG wanted to see, among others, the abandoned Panguna mine reactivated but only under the direction of an acknowledged and proven operator with an outstanding environmental and stakeholder rights record. He said when the Panguna mine first started, the plight of the local landowners was not taken into consideration and nothing was done to enhance direct landowners’ involvement.”1
- “Papua New Guinea’s Bougainville to safeguard mining stake,” BBC Monitoring Asia Pacific, June 20, 2007.
2008
In 2008, to spearhead the economic recovery, the Autonomous Bougainville Government, led by President Joseph Kabui, entered into an historic agreement with Bougainville Resources Development Corporation (AROB) Ltd (BRDC), granting by way of a commercial contract with BRDC the sole right to deal with resource landowner companies on Bougainville outside the Panguna area. This will be with respect to mining exploration and development for a period of three years with an option to extend to five years. To maintain its rights, BRDC will pay an annual $US5 million (K14.2 million) agreement license fee to the ABG, as well as undertake a $US35 million (K99.8 million) exploration program over the first three years.”1
2009
Bougainville government established full control over natural resources.
2010
No further developments observed.
BPA (B)(6):
85. The National Government will provide for the autonomous Bougainville Government to be represented on:
a) delegations negotiating access and other fisheries agreements regarding Bougainville waters and waters beyond the guaranteed three nautical mile limit and within the Exclusive Economic Zone and the continental shelf associated with Bougainville territory; and
b) bodies responsible for determining total allowable catches, licence numbers and reservation of licenses for domestic fishers in such waters.
86. An agreed formula (based on derivation less costs) will provide for National Government fishing revenues from fishing in those waters to be distributed to the autonomous Bougainville Government.
87. The autonomous Bougainville Government will decide on the allocation of an agreed quota of domestic fishing licenses for highly migratory and straddling fish stocks.
88. The autonomous Bougainville Government will be responsible for the sustainable management of other fisheries in Bougainville’s waters.
Independence Referendum
2001
A referendum on independence is to be included in the Bougainville constitution, which is not yet written.
2002
On January 22, 2002, the PNG Parliament voted to grant autonomy and the right to a referendum on total independence for the rebellious province of Bougainville. According to the bill passed in the Parliament, “in 10 to 15 years, the secessionist province also has the option to vote for total independence from Papua New Guinea, or continued inclusion with the South Pacific nation.”1 This can be interpreted as a step closer to the independence referendum.
2003
On July 30, 2003, UNOMB verified and certified that the weapons disposal plan had reached stage two after more than 1,800 weapons were collected. This development means that a conditional referendum for Bougainville’s political future in 10 to 15 years after the establishment of the autonomous government was now operational as well.1
- “Papua New Guinea: UN sets stage for Bougainville autonomy,” BBC Summary of World Broadcasts, July 30, 2003.
2004
On 14 January 2004, the National Government handed over the Constitution to the Autonomous Bougainville Government in Arawa.1 The new Autonomous Bougainville constitution has specific provision on an independence referendum under Part 17 of the constitution. In order for the referendum to take place, the weapons disposal process must have been completed, and “internationally accepted standards of governance” must be achieved, as specified in the Bougainville Peace Agreement.2
- “Papua New Guinea government hands over Bougainville constitution,” BBC Monitoring Asia Pacific, January 17, 2005.
- Ibid.
2005
The first elections for the Autonomous Region of Bougainville were held from May 20 to June 2, 2005.1 Following the formation of the Autonomous Bougainville Government in 2005, the referendum is tentatively agreed to be held sometime between 2015 to 2020.
- “Yearbook of the United Nations 2005: Sixtieth Anniversary Edition – Towards Development, Security and Human Rights for All,” United Nations, 2005, p. 454.
2006
Following the formation of the Autonomous Bougainville Government in 2005, the referendum is tentatively agreed to be held sometime between 2015 to 2020.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
BPA (C):
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 15 years after the election of the first autonomous Bougainville Government;
• when the conditions 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.
Review of Agreement
2001
The provision of the autonomy arrangement was fully implemented with the holding of the 2005 election and the formation of the Autonomous Bougainville Government. The governance of Bougainville will be assessed and reviewed prior to holding an independence referendum, which will be held between 2015 to 2020.
2002
The joint review of autonomy arrangement will be held in every five years. Also, a review will take place prior to holding an independence referendum, which will be held between 2015 to 2020.
2003
The joint review of autonomy arrangement will be held in every five years. Also, a review will take place prior to holding an independence referendum, which will be held between 2015 to 2020.
2004
No developments observed this year.
2005
For the first time, government for the autonomous region of Bougainville was established in June 2005. In five year, a joint review of autonomy arrangement will be held. Also, a review will take place prior to holding an independence referendum, which will be held between 2015 to 2020.
2006
With the establishment of Bougainville government in 2005, a review mechanism was in place.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
BPA (B)(15):
298. The autonomous Bougainville Government and the National Government will jointly review the autonomy arrangements every five years and present the report of the review to the National Parliament and the Bougainville legislature.
299. The five-yearly, joint review of the autonomy arrangements will follow and consider separate reviews by independent experts of particular aspects, including:
(a) the financial arrangements – grants, taxes and progress towards financial self-reliance;
(b) the Bougainville public services and other aspects of public sector administration in Bougainville – inclusive of size, efficiency, effectiveness, and related matters;
(c) technical and legal aspects, including issues arising from judicial interpretation, and the distribution of powers and functions; and
(d) such other areas as the autonomous Bougainville Government and the National Government may agree.
300. The terms of reference for the reviews will specify that, unless otherwise agreed, they are intended to improve, clarify and strengthen the autonomy arrangements consistently with the objectives and principles in this Agreement
301. The Governments may, by agreement, defer the specialist reviews or incorporate the issues with which they deal in the general review.
302. The reports of the specialist reviews will include drafts or drafting instructions for the legislative amendments they recommend.
303. The reports of all reviews will be tabled in the National Parliament and the Bougainville legislature.
304. In the event that either the National Parliament or the Bougainville legislature passes the amendments proposed according to its own constitutional procedures and the other does not, then the autonomous Bougainville and National Governments will follow the procedures agreed for resolving disputes – up to the level of arbitration (points of law may go to the Supreme Court)
305. The arbitrator(s) cannot give directions to the National Parliament or the Bougainville legislature but may order the Governments to present a report in the National Parliament and the Bougainville legislature recording the views of both Governments and containing their own recommendations on differences between them.
306. The two Governments may agree to additional reviews of any aspect of the autonomy arrangements at any time.
307. In addition to the above reviews, the two Governments will hold annual, wide-ranging consultations on the general operation of the autonomy arrangements.
308. Unless the two Governments agree to some other method, these consultations will be held through the joint supervisory body.
Verification/Monitoring Mechanism
2001
Following the ceasefire and the signing of the Agreement on Peace, Security and Development on Bougainville, known as the “Lincoln Agreement”, the Government of Papua New Guinea and the other parties to the conflict requested the Secretary-General to deploy a United Nations observer mission to monitor the implementation of the Agreement (S/1998/287). By an exchange of letters between the Secretary-General and the President of the Security Council on June 15, 1998 (S/1998/506 and S/1998/507), a United Nations Political Office in Bougainville (UNPOB), based in Arawa, was established. In his letter, the UN General Secretary stated that ” a United Nations presence in Bougainville would provide added confidence to the parties to the Agreement, facilitate the tasks assigned to the Peace Monitoring Group and assist in the promotion of the political process to which the parties to the Agreements have committed themselves” (S/1998/506, June 15, 1998).
UNPOB was established in August 1998 with a mandate to monitor, observe, and report the implementation of the Lincoln and Arawa Agreements. UNPOB was also mandated to chair the Peace Process Consultative Committee. At the time of its composition, UNPOB was headed by a Director and composed of two political and two military advisers plus international and local support staff (S/1998/506, June 15, 1998). The UNPOB mandate was extended for 12 months, until December 31, 2000, through an exchange of letters between the Secretary-General and the President of the Security Council (S/1999/1153, November 10, 1999 and S/1999/1152, November 10, 1999). In a letter dated October 22, 2001, the Secretary-General informed the Security Council that UNPOB would perform additional functions in the area of weapons collection and disposal as spelled out in part E of the Bougainville Peace Agreement (S/2001/988, 22 October 2001).
2002
“During 2002, steady progress was achieved in Bougainville, a province of Papua New Guinea, in the implementation of the 2001 Bougainville Peace Agreement” (Source: United Nations. 2004. Yearbook of the United Nations, 2002, United Nations, pp. 332). On December 19 [S/2002/1380], the Security Council endorsed a final extension of UNPOB’s mandate for 12 months, to December 31, 2003.1
2003
UNPOB played a significant role in the implementation process of the Bougainville agreement. “The parties to the Peace Agreement completed phase II of the weapons disposal plan and reached agreement on the final disposal of the weapons collected, which allowed the United Nations Political Office in Bougainville (UNPOB) to carry out the necessary certification and verification. That set the stage for the next steps to be taken, particularly the entry into force of constitutional amendments to the Papua New Guinea constitution, which would lead to the drafting and presentation of a constitution for Bougainville, the delegation of police powers and expediting consultations on the functions of the interim provincial government and arrangements for elections. However, significant challenges remained, prompting the Secretary-General, in December, to accede to Papua New Guinea’s request to maintain a UN presence on the island. The new mission, the United Nations Observer Mission in Papua New Guinea (UNOMB), would, among other functions, monitor the constitutional process leading to the adoption of a Bougainville constitution and verify and certify compliance by the parties with the weapons disposal plan. The Mission would work with UNDP, which would lead international reconstruction and rehabilitation efforts.”1
2004
On December 23, 2003, the United Nations Observer Mission in Bougainville (UNOMB) was established for six months as a follow-on from the United Nations Political Office in Bougainville (S/2003/1199). The Observer Mission made some significant progress. “Phase III, the final phase, of the weapons disposal programme had commenced. As at 6 May, 1,588 pieces of contained weapons—81 per cent of the arsenals of BRA and BRF—had been destroyed. UNOMB had certified that 5 of 10 Bougainville districts had completed the weapons disposal programme.”1 The mandate of the Mission was extended for another six months until December 2004 (S/2004/527, June 30, 2004).
On September 29, 2004 ([S/2004/771), the Secretary-General submitted a report on UNOMB, with particular attention to its weapons disposal efforts. According to the report, ” Bougainville ex-combatants had destroyed a total of 1,841 weapons, or 92.6 per cent of the total amount. The weapons disposal plan had been completed in seven of the ten districts of the province. UNOMB was working very closely with the parties on the expeditious completion of the weapons disposal plan in the remaining districts.”2
On December 21, 2004 (S/2004/1015), “the Secretary-General informed the Council President that, by a December 14 letter, Papua New Guinea had requested a further extension of UNOMB’s mandate. The Secretary-General commended the Government of Papua New Guinea and the Bougainville parties for overcoming their differences and adopting the Bougainville constitution, thereby opening the way for the holding of elections for an Autonomous Bougainville government.”3 The mandate of the Observer Mission was extended for an additional six months on December 23, 2004 (S/2004/1016).
- “Yearbook of the United Nations, 2002,” United Nations, 2006, p. 384.
- Ibid.
- “Yearbook of the United Nations, 2002,” p. 385.
2005
On March 8, 2005, “UNOMB facilitated a meeting that brought together, for the first time, several Bougainville political leaders, former military leaders and combatants of the Bougainville Revolutionary Army and the Bougainville Resistance Force to discuss the peace process with 100 key (MeÕekamui Defence Force) MDF players. The meeting decided that similar exchanges should be held in the near future to sort out differences and to work together for the future of Bougainville. The MDF representatives also pledged not to interrupt the electoral process.1 On May 19, 2005, “UNOMB informed the parties to the Bougainville Peace Agreement that the weapons disposal plan incorporated into the Agreement had been implemented. Of a total 2,016 weapons kept in containers, 1,896 were destroyed. UNOMB collected and destroyed an additional 155 weapons, bringing the total to 2,051 weapons.”2 UNOMB successfully completed its mandate by helping to implement the 2001 peace agreement. The elections of the Autonomous Bougainville Government took place between May 20 and June 2, 2005. Joseph C. Kabui won the election, and the Autonomous Government was sworn in on June 15, 2005. International monitored the election as deemed it free and fair. UNOMB terminated its mandate on June 30, 2005. Within three pillars of the 2001 peace agreement, the UN mission helped to achieve two main pillars, namely, weapons disposals and elections of the Autonomous Bougainville Government. The independence referendum will be held between 2015 to 2020.
- “Yearbook of the United Nations 2005: Sixtieth Anniversary Edition – Towards Development, Security and Human Rights for All,” United Nations; 60 Anv edition, p. 454.
- “Yearbook of the United Nations 2005: Sixtieth Anniversary Edition – Towards Development, Security and Human Rights for All,” p. 455.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
The Lincoln Agreement:
5.2 The Papua New Guinea National Government will seek the endorsement of the United Nations Security Council for these arrangements, including the appointment of a special observer mission to monitor these arrangements.
6. Mandate of the Peacekeeping Force
The mandate of the success to the Truce Monitoring Group will be:
(a) To monitor and report on the compliance of the parties to all aspects of the ceasefire;
(b) To promote and instill confidence in the peace process through its presence, good offices and interaction with people in Bougainville;
(c) To provide people in Bougainville with information about the ceasefire and other aspects of the peace process;
(d) To provide such assistance in restoration and development consistent with this agreement as the parties may agree and available resources allow;
(e) To assist with the development and training and institution of a Bougainvillean constabulary; and such other matters as may be agreed to by the parties that will assist with the democratic resolution of the situation.
Peace Process Consultative Committee (PPCC) Resolution on Weapons Disposal:
3. (a) The PPCC hereby establishes a sub-committee to develop, manage and implement weapons disposal in accordance with this Resolution. The agreed membership of the sub-committee will be as follows:
Chairman: Director, United Nations Observer Mission on Bougainville (UNOMB), or his representative
Deputy Chair: Commander, Peace Monitoring Group (PMG), or his Representative Representatives of the following: the National Government, the BRA, the BRF
Regional Peacekeeping Force
2001
The Peace Monitoring Group (PMG), which was led by Australia and comprised of unarmed military and civilian members from Australia, New Zealand, Fiji and Vanuatu, was present in Bougainville since 1998. The PMG initially consisted of about 300 personnel, including 90 peace monitors and about 200 support personnel. The majority, between 240 and 250, of the PMG’s personnel were Australian. The New Zealand Defence Force provided 30 people, and Fiji and Vanuatu provided 15 each. All PMG personnel were unarmed.1
The PMG monitored the peace agreement, reported on ceasefire violations, and supported the peace process.2 The PMG was also involved in the weapon disposal programs.
- “Australia to Command Peace Monitoring Group on Bougainville,” Joint Media Release, 30 April 1998, http://www.foreignminister.gov.au/releases/1998/fa053_98.html.
- Natascha Spark and Jackie Bailey, “Disarmament in Bougainville: ‘guns in boxes,'” International Peacekeeping 12(4): 602, 2005.
2002
The Peace Process Consultative Committee (PPCC), comprising representatives from the Bougainville Revolutionary Army, Bougainville Resistance Force, the National Government, the provincial Government, and donor agencies met in Hutjena in second week of June 2002 to discuss immediate issues concerning the island. Among the resolutions adopted was the resolution on the likely exit dates for the Peace Monitoring Group (PMG) and United Nations Observer Mission in Bougainville (UNOMB).1 The PMG remained in Bougainville throughout 2002 and was involved in the weapons disposal program.
- “Papua New Guinea: Bougainville peace committee outlines procedures,” BBC Summary of World Broadcasts, June 14, 2002.
2003
In June 2003, the PMG withdrew its monitoring mission and was replaced by a much smaller, entirely civilian Bougainville Transition Team (BTT). The BTT is made up of personnel from Australia, Fiji, New Zealand and Vanuatu. This marks the end of a regional peacekeeping force. Regional peace monitors were withdrawn in 2003.
2004
Regional peacekeepers completed thier mandate and were withdrawn in 2003.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
Lincoln Agreement:
5. Peace Monitoring Group
5.1 The Papua New Guinea National Government undertakes to conclude the arrangements required for deployment of the successor to the neutral regional Truce Monitoring Group by no later than 30 April 1998.
5.2 The Papua New Guinea National Government will seek the endorsement of the United Nations Security Council for these arrangements, including the appointment of a special observer mission to monitor these arrangements.
6. Mandate of the Peacekeeping Force
The mandate of the success to the Truce Monitoring Group will be:
(a) To monitor and report on the compliance of the parties to all aspects of the ceasefire;
(b) To promote and instill confidence in the peace process through its presence, good offices and interaction with people in Bougainville;
(c) To provide people in Bougainville with information about the ceasefire and other aspects of the peace process;
(d) To provide such assistance in restoration and development consistent with this agreement as the parties may agree and available resources allow;
(e) To assist with the development and training and institution of a Bougainvillean constabulary; and such other matters as may be agreed to by the parties that will assist with the democratic resolution of the situation.
Withdrawal of Troops
2001
On December 31, 2001, Defence Force Chief, Brigadier General Peter Ilau, said that the Defense Force soldiers would be withdrawn from serving on Bougainville the following year because there were no funds to keep them on the island.1 This decision, however, was not related to the peace agreement provision.
- “Papua New Guinea: Soldiers to withdraw from Bougainville due to lack of funds,” BBC Monitoring Asia Pacific — Political, December 31, 2001.
2002
Chairman of the National Security Advisory Committee (NSAC) and Chief Secretary to the government, Robert Igara, said, in a statement on February 1, 2002, that the government had received a brief from the Defense Force commander, Peter Ilau, on the future phased withdrawal of troops and that further discussions will be necessary at the National Security Advisory Committee NSAC -level among relevant agencies. He said the Defence Force had begun preliminary arrangements to facilitate a future phased withdrawal consistent with all agreements relating to Bougainville, including weapons disposal.1
- “Papua New Guinea: Military warns media not to mislead public on defense issues,” BBC Monitoring Asia Pacific — Political, February 4, 2002.
2003
By April 2003, the PNG Defence Forces were withdrawn from Bougainville. On April 17, 2003, “the departure of the last seven troops was marked with a ceremony in Buka attended by defence force officials, national government ministers and Bougainville leaders.”1 All troops were demobilized/withdrawn from Bougainville in April 2003.
- “Last batch of Papua New Guinea troops withdraw from Bougainville,” BBC Summary of World Broadcasts, April 17, 2003.
2004
All troops were withdrawn from Bougainville in 2003.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
2009
No further developments observed.
2010
No further developments observed.
65. (a) The parties will conclude an agreed arrangement that, in respect of landbased activities and facilities in Bougainville, they accept that –
(i) the PNGDF requires immediate access to wharves, airfields, refueling, stores and associated facilities;
(ii) the National Government has no immediate plans for the PNGDF to have facilities, a base or a permanent presence in Bougainville after phased withdrawal in implementation of the agreed plan for weapons disposal;
(iii) the National Government will consult the autonomous Bougainville Government before finalising any plans to develop any of the above for the PNGDF in Bougainville; and
(iv) PNGDF personnel in Bougainville after phased withdrawal in implementation of the agreed weapons disposal plan will be unarmed.
Please always cite: “Annualized implementation data on comprehensive intrastate peace accords, 1989–2012.” Madhav Joshi, Jason Michael Quinn, and Patrick M. Regan. Journal of Peace Research 52 (2015): 551-562.