Resolution on Weapons Disposal

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Resolution on Weapons Disposal
Date: 9 May 2001
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: Ishmael Toroama, Chief of Defence, Bougainville Revolutionary Army;
Hilary Masiria, Chairman, Bougainville Resistance Forces;
William Dihm, Leader, National Government Delegation;
Kapeutu Puaria, Leader, Bougainville Joint Technical Team;
David Onavui, Member, Bougainville Joint Technical Team;
Third parties: Witnessed by:
H.E. Ambassador Noel Sinclair, Director, United Nations Observer Mission to Bougainville, Chairman, Peace Process Consultative Committee;
Brigadier Michael Swan, Commander, Peace Monitoring Group;
Description: Agreement to establish Peace Process Consultative Commission Sub-Committee on weapons disposal, and parties agree stages to weapons disposal plan, with UNOMB verification role.

Agreement document: PG_010509_Resolution on Weapons Disposal.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 2, Stage 3: Final Fate of the weapons
8. a) A decision on the final fate of the weapons should be made within 4 months of the coming 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.
... 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.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, Introduction
3. ... b) The sub-committee may, by agreement, co-opt other members, including representatives of other groups.
Traditional/religious leaders: Page 1, Stage 1
6. 1) Council of Chiefs/Elders will inform UNOMB when the people in a particular area are ready for ex-combatants to disarm and re-integrate into the community, remaining Defence Force and Police Mobile Units to withdraw, and weapons to be securely contained;
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: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
[Summary]
Main body of agreement deals directly with Weapons disposal. The process will take place in three stages as follows:
1. Weapons will be handed to BRA/BRF commanders
2. These weapons will then be placed in containers with a dual lock. The local commanders will hold one key, the UN observer mission on Bougainville will hold the other.
3. Within 4 months the parties will decide upon the fate of the weapons and the effect of the process upon the likelihood of holding election for the autonomous Bougainville Government.
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: Page 3, Reconciliation
14. Recognising 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.

Implementation

UN signatory: Page 4, Witnessed by:
H.E. Ambassador Noel Sinclair, Director, United Nations Observer Mission to Bougainville, Chairman, Peace Process Consultative Committee;
Brigadier Michael Swan, Commander, Peace Monitoring Group;
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, 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 fly to the PPCC, with respect for such confidentiality as may be required.
Related cases: No specific mention.
Source: Originally accessed from Conciliation Resources Accord (http://www.c-r.org/accord/papua-new-guinea%E2%80%93bougainville – no longer available from original source).

Resolution on Weapons Disposal

9 May 2001

Peace Process Consultative Committee (PPCC)

Introduction

1. The PPCC welcomes the way in which the Bougainville Revolutionary Army (BRA) and the Bougainville Resistance Force (BRF) have come together, and acknowledges the positive foundation the Rotokas Record establishes for a comprehensive weapons disposal plan for the Bougainville that is acceptible to all parties.

2. The PPCC reaffirms the commitment of all the parties to implementation of the Lincoln and Ceasefire Agreements.

PPCC Sub-Committee

3a. 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 follows:

Chairman:

Director, UN 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, and the BRF.

b. the Sub-Committee may, by agreement, co-opt other members, including representatives of other groups.

4a) The sub-committee will sek support for and co-ordinate:

i) an active joint programme to promte public awareness, understanding and support of weapons disposal;

ii) development and implemention of this resolution, including mechanisms to ensure location, identification, control, withdrawal from teh community and secure storage of weapons, with special regard for factory-made arms and ammunition;

iii) means of ensuring the full and accurate recording of weapona, and securing the co-operation and participation by individuals and other groups.

b. the Sub-committe shall take such account of the need for confidenitialy as teh parties may require for secutiy at stage 1.

c. The sub-committee shall resolve such difference as may arise in relation to implementation under this resolution.

Implementation

5. Weapons disposal will be implemented in stages.

Stage 1

6. Stage 1 will begin immediately, initially in area where there is no Defence Force or Police Mobile Unit presence.

It will Proceed in all areas as follows:

tee;

1) Councils of Chiefs/Elders will inform UNOMB when the people in a particular area are ready for ex-combatants to disarm and re-integrate into teh 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 adivsed and take apporpriate 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 purposed of verification by UNOMB.

Note;

BRA and BRF strcuture are outlined in Attachement 1.

Stage 2.

7a. After the implementation of stage 1 in any area, stage 2 will being 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 implemen 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 UMOMB - pending a final decision on the ultimate fate of the weapons.

c. The Bills to amed the National Constitution will provide for the constitutional amendments to take effect on verification by UMOMB that the weapons are in secure, double-locked containers under its supervision.

Stage 2 Final fate of teh weapons.

8a. A decision on the final fate of the weapons should be made within 4 months of teh 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 election should be delayed, taking into account whether or not there has been genuine handing in of weapons and teh level of security of the weapons.

b. In any event, any of the parties may call on UNOMB with teh assistance of the PMG to werify and certify whether there had been substantial compliance by the parties in the handing in of weapons and whether the level of security of the weapons makes it conducice 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 the 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

9a. 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 finding 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.

10a. Weapons that have been handed in will not be reissued.

b. Ex-combants 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 re-deploy members of the Defence Force or the Police Mobile Units in new areas of area from which thay have been withdrawn.

International Aspects

11. The National Government will seek the agreement of the UNSC to UNOMB to carry out the responsibilities specified in this Resolution.

12. The National Government will requent the states that contribute to the Peace Monitoring Group (PMG) to (1) provide technical assitance, (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 reintregation and rehabilitation of ex-combatants.

Reconciliation

14. Recognising that weapons disposal and reconciliation are both mutually reinforceing and necessary to lasting peace by peaceful means, the partie sundertake to co-operate in promoting reconciliation among ex-combatants and in the wider community, the restoration or civil authority in Bougainville.

Signed on Wednesday 9 May 2001 in Buka.

[Signatures]