Peace Agreements Database

Country/entity

Papua New Guinea
(Bougainville)

Region

Asia and Pacific

Agreement name

Agreement between Papua New Guinea and Fiji, Tonga, Solomon Islands, Vanuatu, Australia and New Zealand, concerning the Status of Elements of the Defence Forces of those countries deployed in the North Solomons Province of Papua New Guinea as part of the South Pacific Peacekeeping Force

Date

28/09/1994

Agreement status

Multiparty signed/agreed

Interim arrangement

No

Agreement/conflict level

Interstate/intrastate conflict(s) (Bougainville Conflict (1987 - 1998)

The conflict on Bougainville, an island under the jurisdiction of Papua New Guinea (PNG), began in 1987 as a dispute over compensation for the use of land by Bougainville Copper Ltd, a an Australian subsidiary. The underlying issue of independence soon emerged and the conflict escalated between the government of PNG and the native islanders, in turn spearheaded by the Bougainville Revolutionary Army (BRA). Until fighting ended in 1998, an estimated 20,000 died in the conflict. Several pre-negotiation agreements culminated in an agreement to a ‘permanent and irrevocable’ ceasefire, and a framework for normalizing the PNG-Bourgainville relationship, which included elections.

Bougainville Conflict (1987 - 1998) )

Stage

Pre-negotiation/process (Process)

Conflict nature

Government/territory

Peace process

9: Bougainville: peace process

Parties

Papua New Guinea and Fiji, Tonga, Solomon Islands, Vanuatu, Australia and New Zealand

Third parties

Description

This agreement provides for the establishment of a neutral South Pacific Regional Peacekeeping Force to provide a neutral environment and security for the Bougainville peace process.

Agreement document

PG_940928_South Pacific Peace keeping force.pdf []

Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons

No specific mention.

Social class

No specific mention.

Gender

Women, girls and gender

No specific mention.

Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.

State definition

State definition

No specific mention.

Governance

Political institutions (new or reformed)

No specific mention.

Constitution's affirmation/renewal

No specific mention.

Constitutional reform/making

No specific mention.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society

No specific mention.

Traditional/religious leaders

No specific mention.

Public administration

No specific mention.

Power sharing

Political power sharing

No specific mention.

Territorial power sharing

No specific mention.

Economic power sharing

No specific mention.

Military power sharing

No specific mention.

Human rights and equality

Human rights/RoL

No specific mention.

Equality

No specific mention.

Democracy

No specific mention.

Protection measures

No specific mention.

Human rights framework

No specific mention.

Civil and political rights

No specific mention.

Socio-economic rights

No specific mention.

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.

Mobility/access

Page 3, Article 7, Entry into and exit from Papua New Guinea and Australia, 1
1. Members of the Force shall be exempt from passport and visa laws and orders and immigration inspection and restrictions on entering or departing from Papua New Guinea territory and Australia. They shall also be exempt from any laws and orders governing the residence of aliens in Papua New Guinea and Australia, including registration, but shall not be considered as acquiring any right to permanent residence or domicile in the territory of Papua New Guinea and Australia. For the purpose of such entry or departure members of the Force will be required to have only:
(a) an individual or collective movement order issued by the Commander of the Defence Force of their respective Participating State; and
(b) a personal identity card issued by the appropriate military authority of their respective participating State.

Page 3, Article 7, Entry into and exit from Papua New Guinea and Australia, 2
2. Members of the Force may be required to present but not to surrender their personal identity cards upon demand of an appropriate Papua New Guinea authority. Except as provided in paragraph 1 of this Article the identity card will be the only document required for a member of the Force.

Page 3, Article 7, Entry into and exit from Papua New Guinea and Australia, 3
3. If a member of the Force leaves the service of his respective Participating State while in Papua New Guinea and is not repatriated, the senior military officer from that State shall immediately inform the Papua New Guinea authorities, giving such particulars as may be required. The senior military officer of each participating State shall similarly inform the Papua New Guinea authorities of any member of the Force belonging to his State who has absented himself for more than twenty-one days. If an expulsion order against an ex-member of the Force has been made, the senior

Page 7, Article 19, Freedom of movement
The Force and its members together with its service vehicles, vessels, aircraft and equipment shall enjoy freedom of movement throughout Papua New Guinea. Wherever possible the Commander will consult with Papua New Guinea with respect to large movements of personnel, stores or vehicles on roads used for general traffic. Papua New Guinea will supply the Force with maps and other information, including locations of dangers and impediments, which may be useful in facilitating its movements.

Page 8, Article 20, Use of roads, waterways, port facilities and airfields
The Force shall have the right to the use of roads, bridges, canals and other waters, port facilities and airfields without the payment of dues, tolls or charges either by way of registration or otherwise, throughout Papua New Guinea.

Detention procedures

No specific mention.

Media and communication

Governance of media

Page 7, Article 18, Communications and postal services, 1
1. The Commander shall have authority to install and operate a radio sending and receiving station or stations to make direct contact with the Participating States. The right of the Commander is likewise recognized to enjoy the priorities of government telegrams and telephone calls.

Media logistics

Page 7, Article 18, Communications and postal services, 1
1. The Commander shall have authority to install and operate a radio sending and receiving station or stations to make direct contact with the Participating States. The right of the Commander is likewise recognized to enjoy the priorities of government telegrams and telephone calls.

Page 7, Article 18, Communications and postal services, 2
2. The Force shall enjoy, within its area of operations, the right of unrestricted communication by radio, telephone, telegraph or any other means, and of establishing the necessary facilities for maintaining such communications within and between premises of the Force, including the laying of cables and land lines and the establishment of fixed and mobile radio sending and receiving stations. It is understood that the telegraph and telephone cables and lines herein referred to will be situated within or directly between the premises of the Force and the area of operations, and that connection with the Papua New Guinea system of telegraphs and telephones will be made in accordance with arrangements with the appropriate Papua New Guinea authorities.

Page 7, Article 18, Communications and postal services, 3
3. Papua New Guinea recognizes the right of the Force to make arrangements through its own facilities for the processing and transport of private mail addressed to or emanating from members of the Force. Papua New Guinea will be informed of the nature of such arrangements. No interference shall take place with, and no censorship shall be applied to, the mail of the Force by Papua New Guinea. In the event postal arrangements applying to private mail of members of the Force are extended to operations involving transfer of currency, or transport of packages or parcels from Papua New Guinea, the conditions under which such operations shall be conducted in Papua New Guinea will be agreed upon between Papua New Guinea and the Commander.

Citizenship

Citizen delimitation

Page 2, Article 1, Definitions
... (d) "Papua New Guinea Citizen" includes a person of Papua New Guinea citizenship and a person resident or present in the territory of Papua New Guinea other than one associated with the Force.

Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention

No specific mention.

Traditional Laws

No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources

No specific mention.

International funds

No specific mention.

Business

No specific mention.

Taxation

Reform of taxation

Page 7, Article 17, Taxation and revenue matters, 1
1. Members of the Force shall be exempt from taxation on the pay and emoluments received from their respective Participating States. They shall also be exempt from all other direct taxes, fees and charges.

Page 7, Article 17, Taxation and revenue matters, 2
2. Members of the Force shall have the right to import free of duty their personal effects in connection with their first arrival in Papua New Guinea. They shall be subject to the Papua New Guinea laws and orders governing customs and foreign exchange with respect to personal property not required by them by reason of their presence in Papua New Guinea with the Force. Special facilities for entry or exit shall be granted by the Papua New Guinea immigration, customs and fiscal authorities to regularly constituted units of the Force provided that the authorities concerned have been duly notified sufficiently in advance. Members of the Force on departure from Papua New Guinea may, notwithstanding any foreign exchange laws and orders, take with them such funds as the appropriate Pay Officer of the Force certifies were received in pay and emoluments from Papua New Guinea and are a reasonable residue thereof.

Page 7, Article 17, Taxation and revenue matters, 3
3. The Commander will co-operate with customs and fiscal authorities of Papua New Guinea and will render all assistance within his power in ensuring the observance of the customs and fiscal laws and orders of Papua New Guinea by the members of the Force in accordance with these or any relevant supplemental arrangements.

Banks

No specific mention.

Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access

Page 8, Article 20, Use of roads, waterways, port facilities and airfields
The Force shall have the right to the use of roads, bridges, canals and other waters, port facilities and airfields without the payment of dues, tolls or charges either by way of registration or otherwise, throughout Papua New Guinea.

Security sector

Security Guarantees

No specific mention.

Ceasefire

No specific mention.

Police

Page 4, Article 10, Military Police, arrest, transfer of custody and mutual assistance, 1
1. Responsibility for disciplinary action with respect to military personnel made available by each Participating State shall rest with the military authorities of that State. However, the Commander shall take all appropriate measures to ensure maintenance of discipline and good order among members of the Force. To this end Military Police designated by the Commander shall police the premises referred to in Article 11 of this Agreement and such area where the Force is deployed in the performance of its functions. Elsewhere such Military Police shall be employed only subject to arrangements with the Papua New Guinea authorities and in liaison with them and in so far as such employment is necessary to maintain discipline and order among members of the Force. For the purpose of this paragraph the Military Police of the Force shall have the power of arrest over members of the Force.

Page 4, Article 10, Military Police, arrest, transfer of custody and mutual assistance, 2
2. Military Police of the Force may take into custody any person on the premises referred to in Article 11 who is subject to Papua New Guinea criminal jurisdiction, without subjecting him to the ordinary routine of arrest, in order immediately to deliver him to the nearest appropriate Papua New Guinea authorities: (a) when so requested by the Papua New Guinea authorities; or (b) for the purpose of dealing with any offence or disturbance on the premises.

Page 4, Article 10, Military Police, arrest, transfer of custody and mutual assistance, 3
3. The Papua New Guinea authorities may take into custody any member of the Force, without subjecting him to the ordinary routine of arrest in order immediately to deliver him, together with any weapons or items seized, to the nearest appropriate authorities of the Force: (a) when so requested by the Commander; or (b) in cases in which the Military Police of the Force are unable to act with the necessary promptness when a member of the Force is apprehended in the commission or attempted commission of a criminal offence that results or might result in serious injury to persons or property, or serious impairment of other legally protected rights.

Page 5, Article 10, Military Police, arrest, transfer of custody and mutual assistance, 4
4. When a person is taken into custody under (b) of paragraphs 2 and 3, the Commander or Papua New Guinea authorities, as the case may be, may make a preliminary interrogation but may not delay the transfer of custody. Following the transfer of custody the persons concerned shall be made available upon request for further interrogation.

Page 5, Article 10, Military Police, arrest, transfer of custody and mutual assistance, 5
5. The Commander and the Papua New Guinea authorities shall assist each other in the carrying out of all necessary investigations into offences in respect of which either or both have an interest, in the production of witnesses, and in the collection and production of evidence, including the seizure of and, in proper cases and where practicable, the delivery of items constituting evidence of an offence. The delivery of any such items may be made subject to their return within the time specified by the authority delivering them. Each shall notify the other of the disposition of any case in the outcome of which the other may have an interest or in which there has been a transfer of custody under the provisions of paragraph 2 and 3 of these arrangements.

Page 5, Article 10, Military Police, arrest, transfer of custody and mutual assistance, 6
6. The Government of Papua New Guinea will ensure the prosecution of persons subject to its criminal jurisdiction who are accused of acts in relation to the Force or its members which, if committed in relation to the Papua New Guinea Forces or their members, would have rendered them liable to prosecution. The authorities of the Force will take the measures within their power with respect to crimes or offences committed against Papua New Guinea citizens by members of the Force.

Armed forces

No specific mention.

DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces

No specific mention.

Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.

Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation

No specific mention.

Implementation

UN signatory

No specific mention.

Other international signatory

Signed by: Papua New Guinea, Fiji, Tonga, Solomon Islands, Vanuatu, Australia, New Zealand

Referendum for agreement

No specific mention.

International mission/force/similar

Summary: The whole agreement deals with establishing a peace keeping force whose general purpose is outlined below.

Page 2, Untitled Preamble
ACKNOWLEDGING the need to establish a secure and neutral environment at the said Conference site and other agreed places;
NOTING the request of Papua New Guinea for Fiji, Tonga, Vanuatu, Australia and New Zealand to contribute to the establishment of a neutral South Pacific Regional Peacekeeping Force to provide a neutral environment and security for the peace process; and
DESIRING to set out in writing the terms of the agreed conditions for contributions to the South Pacific Regional Peacekeeping Force;

Page 3, Article 4, Establishment of the South Pacific Peacekeeping Force
The Participating States shall establish the Force. The Force shall perform the following tasks:
1. secure the Conference site identified in the Ceasefire Agreement;
2. secure and protect the delegates to the Bougainville Peace Conference;
3. any other tasks as requested by the parties to the Ceasefire Agreement with the approval of the Participating States subject to the approval of the Participating State taking part in the task.

Enforcement mechanism

Page 9, Article 30, Consultations
Any matter arising under this Agreement with respect to its interpretation, application or implementation shall be settled by consultation or negotiation between Papua New Guinea and the Participating States.