Protocol Concerning the Neutral Truce Monitoring Group

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Protocol Concerning the Neutral Truce Monitoring Group
Date: 5 Dec 1997
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
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.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: For the Independent State of Papua New Guinea: ROY YAKI; For Australia: ALEXANDER DOWNER; For Fiji: BERNARDO VUNIBOBO; For New Zealand: DON MCKINNON; For Vanuatu: CLEMENT LEO
Third parties: -
Description: This short agreement outlines details of mechanisms established in previous agreements, such as the Peace Monitoring Group and the Peace Consultative Committee.

Agreement document: PG_971205_Protocol Concerning the Neutral Truce Monitoring Group.pdf (opens in new tab) | Download 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

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: Page 4, Article 8: Entry into force, review and duration of this Protocol
... (3) Noting the agreements reached by the parties to the Lincoln Agreement regarding restoration of civil authority, including civilian peacetime policing and the holding of free and democratic elections to elect a Bougainville Reconciliation Government before the end of 1998, the Parties agree to consult and review the size, composition and role of the Peace Monitoring Group at intervals of three months, or such other intervals as may be agreed, bearing in mind progress towards restoration of civil authority in Bougainville. Participating States will consult the other Parties before altering the size or composition of their respective contributions to the Peace Monitoring Group.
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.
Constitution: 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 general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

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: No specific mention.
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: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 3, Article 4, Mandate of the Peace Monitoring Group
(1) Article 5 (Mandate of the Group) of the Head Agreement shall be amended to read as follows:
(a) monitor and report on the compliance of the parties involved in the Bougainville peace process to all aspects of the ceasefire;
... (c) provide people in Bougainville with information about the ceasefire and other aspects of the peace process;
Police: No specific mention.
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: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Australian Treaty Series
http://www.austlii.edu.au/au/other/dfat/treaties/
http://www.austlii.edu.au/au/other/dfat/treaties/1997/30.html

PROTOCOL CONCERNING THE PEACE MONITORING GROUP MADE PURSUANT TO THE AGREEMENT BETWEEN PAPUA NEW GUINEA, AUSTRALIA, FIJI, NEW ZEALAND AND VANUATU CONCERNING THE NEUTRAL TRUCE MONITORING GROUP FOR BOUGAINVILLE DONE AT PORT MORESBY ON 5 DECEMBER 1997

The Parties to this Protocol;

Bearing in mind the Preamble of the Agreement Between Papua New Guinea, Austra- lia, Fiji, New Zealand and Vanuatu Concerning the Neutral Truce Monitoring Group for Bougainville;

Taking note of the contents of the Lincoln Agreement on Peace, Security and Devel- opment on Bougainville, including the commitment to cooperation in achieving and main- taining lasting peace by peaceful means;

Noting that the Lincoln Agreement provides for a permanent and irrevocable ceasefire to take effect at 2400 hours on 30 April 1998;

Noting that the Lincoln Agreement provides for the restoration of civil authority in Bougainville, including the transition to civilian peacetime policing and the holding of free and democratic elections to elect a Bougainville Reconciliation Government before the end

of 1998;

Noting the undertaking by the Papua New Guinea Government to seek to conclude the arrangements required for deployment of a Peace Monitoring Group in Bougainville by no later than 30 April 1998;

Noting that the Papua New Guinea Government has agreed to seek the endorsement of the United Nations Security Council for these arrangements, including the appointment of a special observing mission to monitor these arrangements;

and

Taking note of arrangements for implementation of the ceasefire;

Have agreed as follows:

Article 1.

Definitions

Article I of the Head Agreement shall be amended as follows:

(1) Paragraph (d) shall be amended to read:

"Group" means the Neutral Peace Moni- toring Group for Bougainville established pursuant to Article 5 of this Agreement and com- prising military and civilian personnel contributed by Australia, Fiji, New Zealand and Vanuatu or other Participating States.

(2) The following new paragraphs shall be inserted into Article 1 of the Head Agree- ment:

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(g) shall be inserted to read:

"Lincoln Agreement" means the Lincoln Agreement on Peace, Security and Development on Bougainville signed at Lincoln University, Christchurch, New Zealand on 23 January 1998;

(h) shall be inserted to read:

"Ceasefire" is the ceasefire agreed to in the Lincoln Agree- ment;

(i) shall be inserted to read:

"Protocol" means the Protocol concerning the Peace Mon- itoring Group made pursuant to the Agreement between Papua New Guinea, Australia, Fiji, New Zealand and Vanuatu concerning the Neutral Truce Monitoring Group for Bougain-

ville, done at Port Moresby on 5 December 1997;

(j) shall be inserted to read:

"Head Agreement" means the Agreement between Papua New Guinea, Australia, Fiji, New Zealand and Vanuatu concerning the Neutral Truce Mon- itoring Group for Bougainville, done at Port Moresby on 5 December 1997;

and

(k) shall be inserted to read:

"United Nations observers" means persons appointed as official observers for and in accordance with the procedures of the United Nations, in re- sponse to an official request from the Government of the Independent State of Papua New

Guinea.

(3) The definitions described above, in paragraphs (1) and (2) of this Article, shall ap-

ply to both the Head Agreement and the Protocol.

Article 2.

Purposeand LegalEffect

(a) This Protocol is made in accordance with Articles 25 and 28 of the Head Agree- ment.

(b) References to "the Group" in the Head Agreement, and all provisions establishing and facilitating the operations of the Truce Monitoring Group in the Head Agreement shall apply, by virtue of this Protocol, to the Peace Monitoring Group.

(d) The Head Agreement, read together with this Protocol, shall apply to the ceasefire.

Article 3.

PeaceProcess Consultative Committee

Article2 (PeaceConsultativeCommittee)oftheHeadAgreementshallbeamendedtoread as follows:

There shall be a Peace Process Consultative Committee, established by the parties to the Lincoln Agreement, which shall receive regular reports from the Commander on the im- plementation, progress and success of the Lincoln Agreement, including the permanent and irrevocable ceasefire which will take effect in Bougainville at 2400 hours on 30 April 1998.

It shall have no direct involvement in command of the Peace Monitoring Group or the de- ployment decisions made by the Commander.

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Article 4.

Mandateofthe PeaceMonitoringGroup

(1) Article 5(Mandate of the Group) of the Head Agreement shall be amended to read as follows:

The Participating States shall establish the Group which shall comprise military and civilian members.

The mandate of the Group shall be to:

(a) Monitor and report on the compliance of the parties involved in the Bougainville peace process to all aspects of the ceasefire;

(b) Promote and instil confidence in the peace process through its presence, good of- fices and interaction with people in Bougainville;

(d) Provide such assistance in implementation ofthe Lincoln Agreement as the parties to the Lincoln Agreement and the Parties to this Protocol may mutually determine and available resources allow;

and

(e) Such other matters as may be mutually determined by the parties to the Lincoln Agreement and the Parties to this Protocol which will assist with the democratic resolution of the situation.

(2) The Peace Monitoring Group will co-operate with United Nations observers in re- spect of the objectives of the Lincoln Agreement, subject to such terms and conditions as may be mutually determined in consultation between the United Nations and the Parties to this Protocol.

Article 5.

PeaceProcessSteeringCommittee

(1) Article 3 (Truce Steering Committee) of the Head Agreement shall be amended to rename the Truce Steering Committee the "Peace Process Steering Committee".

(2) Article 3 (2) of the Head Agreement shall be amended to read:

The Chairman of the Peace Process Steering Committee shall be chosen by consultation between the Parties to this Protocol.

Article 6.

Consultationand Liaison

(1) Any matter arising under this Protocol with respect to its interpretation, application or implementation shall be settled in accordance with Article 27 (Consultations) of the Head Agreement.

(2) The Parties shall each designate a point of contact in Papua New Guinea to facili- tate liaison and urgent consultations between the Parties.

Article 7.

Good Offices

The Participating States will continue to offer their good offices in supporting the achievement and maintenance of peace in Bougainville.

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Article 8.

Entry into Force,Review and Durationof This Protocol

(1) This Protocol shall be open for signature by Papua New Guinea, Australia, Fiji, New Zealand, Vanuatu and such other states of the South Pacific region which, with the concurrence ofthe Parties, contribute personnel to the Peace Monitoring Group.

It shall en- ter into force upon 1 May 1998 for those Parties which have signed it.

Notwithstanding any- thing in the Head Agreement, the Head Agreement shall remain in force until the entry into force of this Protocol.

After entry into force of this Protocol, the Head Agreement will only

have force as amended by this Protocol.

(2) After 1 May 1998, this Protocol may be acceded to by any of the parties to the Head Agreement listed in (1) which have not signed it by then, or such other states of the South Pacific region which, with the concurrence of the Parties to the Head Agreement as amend- ed by this Protocol, contribute personnel to the Peace Monitoring Group.

This Protocol

shall enter into force for each such additional Party on the date of notification by that Party of the completion of the constitutional formalities required by its laws for the entry into force of the Head Agreement as amended by this Protocol Accession to this Protocol by a State which is not a Party to the Head Agreement represents accession to the Head Agree- ment as amended by this Protocol.

(3) Noting the agreements reached by the parties to the Lincoln Agreement regarding restoration of civil authority, including civilian peacetime policing and the holding of free and democratic elections to elect a Bougainville Reconciliation Government before the end of 1998, the Parties agree to consult and review the size, composition and role of the Peace Monitoring Group at intervals of three months, or such other intervals as may be agreed, bearing in mind progress towards restoration of civil authority in Bougainville.

Participat- ing States will consult the other Parties before altering the size or composition of their re- spective contributions to the Peace Monitoring Group.

(4) Article 29 (3) of the Head Agreement shall be amended to read:

Unless otherwise mutually determined by the Parties, the Head Agreement as amended by this Protocol shall expire on the withdrawal of the Group from the Area of Operations.

(5) Article 29 (4) and (5) of the Head Agreement shall apply to this Protocol.

Article 9.

Depositoryof This Protocol

New Zealand shall be the depository of this Protocol.

In witness whereof, the undersigned being duly authorised thereto by their respective Governments, have signed this Protocol.

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Done at .......... on the ...... day of the month of .......... of the year one thousand nine hundred and ninety-eight, in a single original in the English language to be deposited with the Government of New Zealand.

Forthe Independent State ofPapua New Guinea:

RoY YAKI

For Australia:

ALEXANDER DOWNER

For Fiji:

BERNARDO VUNIBOBO

For New Zealand:

DON MCKINNON

For Vanuatu:

CLEMENT LEO