Ratification Mechanism: Bougainville Peace Agreement

Written by

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.

Economic and Social Development: Bougainville Peace Agreement

Written by

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.

Right of Self-Determination: Bougainville Peace Agreement

Written by

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.

Amnesty: Bougainville Peace Agreement

Written by

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.

Human Rights: Bougainville Peace Agreement

Written by

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.

Reintegration: Bougainville Peace Agreement

Written by

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.

Disarmament: Bougainville Peace Agreement

Written by

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.

Police Reform: Bougainville Peace Agreement

Written by

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.

Judiciary Reform: Bougainville Peace Agreement

Written by

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.

Dispute Resolution Committee: Bougainville Peace Agreement

Written by

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.