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Police Reform: Bougainville Peace Agreement

Implementations

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.

Police Reform – 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.

Police Reform – 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.

Police Reform – 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.