Joint Bougainville Ex-combatants Agreement on Weapons Disposal (Rotakas Record)

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Country/entity: Papua New Guinea
Bougainville
Region: Asia and Pacific
Agreement name: Joint Bougainville Ex-combatants Agreement on Weapons Disposal (Rotakas Record)
Date: 3 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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Bougainville: peace process
Parties: Chief of Defence, Bougainville Revolutionary Army, General Ishmael Toroama; Chairman, Bougainville Resistants Force, Hilary Masiria; Commanders, Bougainville Revolutionary Army, Steven Topesi, Peter Naguo, Justin Kokiai, Thomas Tari, Glen Bearas, Dominic Babatani, Joe Pakoi, Joe Korerua, Damien Kora, Cosmas Ito; Commanders, Bougainville Resistants Force, Laurie Patrick, Hilary Loni, Michael Komoiki, Ambrose Omi, Jacob Naisy, Paul Akoitai, Matthew Warapere
Third parties: Witnessed by: Ambassador Noel Sinclair, UNOMB; Matt Anderson, PMG; Amos Tevaria, Chief; Jeremiah Voiporea, Chief; James Vasiviri; Martin Varieto; Tabitha Rueta, Womens' representative
Description: Joint Bougainville Ex-Combatants Agreement on Weapons Disposal, with weapons disposal plan and timetable.

Agreement document: PG_010503_Joint Bougainville Ex-combatants Agreement on Weapons Disposal (Rotakas Record).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: Page 6, And Witnessed by:
Tabitha Rueta, Womens' representative
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: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, Weapons Disposal Plan, Public Awareness,
2. Immediately after the signing of this Amgt, the BRA and BRF will begin a thorough programme of public awareness through the island to stimulate the widest possible support for and participation in the Plan.

Page 2, Weapons Disposal Plan, Implementation of Plan,
3. The people in each area will decide when thery are ready to move on demilitarization and will soinform the UNOMB representative through their Council of Chiefs/Elders
Traditional/religious leaders: Page 2, Weapons Disposal Plan, Implementation of Plan,
3. The people in each area will decide when they are ready to move on demilitarization and will so inform the UNOMB representative through their Council of Chiefs/Elders.
4. When the Chiefs or Elders decide, after consultation with the ex-combatants, that an area is ready for demilitarization, it will inform the UNOMB representative, who in turn will notify the Commanders of the PNG Security Forces and the two factions.
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: Page 1, Untitled Preamble,
... Committed to the development of peace, democracy and the restoration of fundamental human rights without the threat or the use of weapons;
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: Page 1, Untitled Preamble,
... Committed to the development of peace, democracy and the restoration of fundamental human rights without the threat or the use of weapons;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 3, Weapons Disposal plan, Implementation of Plan,
11. Each step in the process shall be subject to independent verification by UNOMB, whose representative is to be given free access to all locations, documents and files.
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: Page 1, Untitled Preamble,
... Acknowledging that a Weapons Disposal Plan can be implemented without risking the security of any of the parties;

Page 1, Hereby resolve,
... - That in areas where, by agreement, the PNG Security Forces undertake not to patrol, BRA and BRF will do their best to gather all arms and hold them securely, relying upon the goodwill and honour of the Commanders;

Page 2, Weapons Disposal Plan, Implementation of Plan,
4. When the Chiefs or Elders decide, after consultation with the ex-combatants, that an area is ready for demilitarization, it will inform the UNOMB representative, who in turn will notify the Commanders of the PNG Security Forces and the two factions.
6. After the PNG Security Forces agree to depart, BRA and BRF will order that all arms not under control will be gathered by Unit Commanders and held securely. The Unit Commanders shall provide a complete inventory of arms held in his area to UNOMB and their respective Headquarters.
7. After arms have been returned to Unit Commanders they shall be delivered to the relevant Company Commanders after the Security Forces withdraw.
8. In any case there will be no withdrawal of the PNG Security Forces from any area until UNOMB has verified the collection of weapons by the relevant Unit Commanders.
9. In implementing this agreement arms held by Company Commanders will be held securely, and once passed into their possession, will not be re-issued and once withdrawn from an area the PNG Security forces shall not be re-deployed in that area. A fresh inventory shall be prepared and handed to UNOMB.

Page 3, Weapons Disposal Plan, Implementation of Plan,
10. After the PNG Security Forces withdraw from each command area the Company Commanders shall deliver arms held by them to one central collection point in each command area. Weapons under the control of BRF may be returned to the PNGDF for delivery to the central armoury.

Page 3, Weapons Disposal Plan, Phases of Plan, Phase 3,
14.(a) If no decision on the final fate of the weapons is made within that time, the Parties must meet with a view to determining whether or not to hold the Elections despite the absence of the decision and 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 that there has been substantial compliance by the parties in the handing in of weapons and that the level of security of the weapons makes it conducive to holding the elections.

Page 4, Weapons Disposal Plan, Verification,
19. This plan shall not be regarded as completed until there has been substantial compliance with this weapons plan and all PNG Security forces have withdrawn from Bougainville.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Untitled Preamble,
... Recognising that, for the most part, they have honoured and abided by the terms and conditions of the Ceasefire Agreement of April 30th, 1998;

Page 1, Hereby resolve:
... - That in areas where, by agreement, the PNG Security Forces undertake not to patrol, BRA and BRF will do their best to gather all arms and hold them securely, relying upon the goodwill and honour of the Commanders;

Page 2-3, Implementation of Plan
4. When the Chiefs or Elders decide, after consultation with the ex-combatants, that an area is ready for demilitarization, it will inform the UNOMB representative, who in turn will notify the Commanders of the PNG Security Forces and the two factions.
6. After the PNG Security Forces agree to depart, BRA and BRF will order that all arms not under control will be gathered by Unit Commanders and held securely. The Unit Commanders shall provide a complete inventory of arms held in his area to UNOMB and their respective Headquarters.
7. After arms have been returned to Unit Commanders they shall be delivered to the relevant Company Commanders after the Security Forces withdraw.
8. In any case there will be no withdrawal of the PNG Security Forces from any area until UNOMB has verified the collection of weapons by the relevant Unit Commanders.
9. In implementing this agreement arms held by Company Commanders will be held securely, and once passed into their possession, will not be re-issued and once withdrawn from an area the PNG Security forces shall not be re-deployed in that area. A fresh inventory shall be prepared and handed to UNOMB.
10. After the PNG Security Forces withdraw from each command area the Company Commanders shall deliver arms held by them to one central collection point in each command area. Weapons under the control of BRF may be returned to the PNGDF for delivery to the central armoury.

Page 4, Verification
19. This plan shall not be regarded as completed until there has been substantial compliance with this weapons plan and all PNG Security forces have withdrawn from Bougainville.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, Untitled Preamble,
... Acknowledging that a Weapons Disposal Plan can be implemented without risking the security of any of the parties;
Aware of efforts already being undertaken by all parties to informally register and control weapons in the community;
Committed to the development of peace, democracy and the restoration of fundamental human rights without the threat or the use of weapons;

Page 1, Hereby resolve:
- To continue to use their best endeavours to locate, identify, control and withdraw their respective weapons in the community;
- That the process of reconciliation between the Parties and the greater Bougainville community is necessary to the achievement of weapons disposal and will continue to be a common shared priority;
- That in areas where, by agreement, the PNG Security Forces undertake not to patrol, BRA and BRF will do their best to gather all arms and hold them securely, relying upon the goodwill and honour of the Commanders;
- That during this phase weapons misused by ex-combatants will be taken from them;
- That actions to take control of weapons shall be reported to UNOMB, which will verify that they have been taken;

Page 2, Weapons Disposal Plan, Implementation of Plan,
3. The people in each area will decide when they are ready to move on demilitarization and will so inform the UNOMB representative through their Council of Chiefs/Elders.
4. When the Chiefs or Elders decide, after consultation with the ex-combatants, that an area is ready for demilitarization, it will inform the UNOMB representative, who in turn will notify the Commanders of the PNG Security Forces and the two factions.
5. After such notification the parties will immediately withdraw their forces or dispose of their weapons. This withdrawal/disposal shall be completed within 28 days after the notification by UNOMB.
6. After the PNG Security Forces agree to depart, BRA and BRF will order that all arms not under control will be gathered by Unit Commanders and held securely. The Unit Commanders shall provide a complete inventory of arms held in his area to UNOMB and their respective Headquarters.
7. After arms have been returned to Unit Commanders they shall be delivered to the relevant Company Commanders after the Security Forces withdraw.
8. In any case there will be no withdrawal of the PNG Security Forces from any area until UNOMB has verified the collection of weapons by the relevant Unit Commanders.
9. In implementing this agreement arms held by Company Commanders will be held securely, and once passed into their possession, will not be re-issued and once withdrawn from an area the PNG Security forces shall not be re-deployed in that area. A fresh inventory shall be prepared and handed to UNOMB.

Page 3, Weapons Disposal Plan, Implementation of Plan,
10. After the PNG Security Forces withdraw from each command area the Company Commanders shall deliver arms held by them to one central collection point in each command area. Weapons under the control of BRF may be returned to the PNGDF for delivery to the central armoury.
11. Each step in the process shall be subject to independent verification by UNOMB, whose representative is to be given free access to all locations, documents and files.

Page 3, Weapons Disposal Plan, Phases of Plan, Phase 1,
12. (a) The weapons returned shall be held in secure containment under the control of the parties themselves until the constitutional amendments come into effect.

Page 3, Weapons Disposal Plan, Phases of Plan, Phase 2,
(b) After the constitutional amendments have come into effect the weapons shall be held in secure containment under the supervision of the UNOMB locked securely with two locks - one from the relevant Commander and the other from the UNOMB representative- until such time as the parties decide how the weapons should be finally dealt with.

Page 3, Weapons Disposal Plan, Phases of Plan, Phase 3,
13. The decision on how these weapons should be finally dealt with will be made within one month of the constitutional amendments coming into effect.
14.(a) If no decision on the final fate of the weapons is made within that time, the Parties must meet with a view to determining whether or not to hold the Elections despite the absence of the decision and 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 that there has been substantial compliance by the parties in the handing in of weapons and that the level of security of the weapons makes it conducive to holding the elections.
(c) The Parties shall be bound by the verification and certification by the UNOMB with the assistance of the PMG.

Page 4, Weapons Disposal Plan, Verification,
15. At each stage of the process the UNOMB representative shall make such inspections and enquiries as he considers necessary. After he has so satisfied himself he will notify the parties so that the next steps can be taken.
16. The UNOMB representative shall also verify the return of weapons to the Unit and Area Commanders as well as the final hand-over.
17. The UNOMB representative shall hold confidential all information obtained by him in carrying out his duties, and shall advise the Parties and the PPCC regarding compliance with the requirements of the Agreement.
18. All weapons contained shall be properly stored so as to prevent their possible deterioration;
19. This plan shall not be regarded as completed until there has been substantial compliance with this weapons plan and all PNG Security forces have withdrawn from Bougainville.
20. The Governments of Australia and New Zealand shall be requested to provide personnel and technical services to assist the processes of containment and verification under the umbrella/control of the UNOMB through the PMG or by some other appropriate means.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: Page 4, Weapons Disposal Plan, Verification,
19. This plan shall not be regarded as completed until there has been substantial compliance with this weapons plan and all PNG Security forces have withdrawn from Bougainville.
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: Page 6, And Witnessed by:
Ambassador Noel Sinclair, UNOMB;
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 4, Weapons Disposal Plan, Verification,
20. The Governments of Australia and New Zealand shall be requested to provide personnel and technical services to assist the processes of containment and verification under the umbrella/control of the UNOMB through the PMG or by some other appropriate means.
Enforcement mechanism: Page 2, Weapons Disposal Plan, Management of Plan,
1. The Weapons Disposal process will be managed by a special sub Sub-Committee of the PPCC which will be chaired by the United Nations representative (with the PMG Commander or his delegate as Vice Chairman) and will coordinate the details of the programme on the basis of close consultation with the parties and local communities. This Committee will also resolve such differences as may arise during implementation of the Plan.
Related cases: No specific mention.
Source: UN Peacemaker.

THE ROTAKAS RECORD

Joint Bougainville Ex-combatants Agreement on Weapons Disposal Togarau - 3 May 2001

The Bougainville Revolutionary Army and the Bougainville Resistance Force, hereinafter referred to as “The Parties;

”

Recognising that, for the most part, they have honoured and abided by the terms and conditions of the Ceasefire Agreement of April 30th, 1998;

Reaffirming their commitment to help secure peace by peaceful means in accordance with the Lincoln Agreement;

Recalling the Agreed Principles on Referendum signed at Kokopo on January 26th, 2001;

Acknowledging that a Weapons Disposal Plan can be implemented without risking the security of any of the parties;

Aware of efforts already being undertaken by all parties to informally register and control weapons in the community;

Committed to the development of peace, democracy and the restoration of fundamental human rights without the threat or the use of weapons;

Hereby resolve:

- To continue to use their best endeavours to locate, identify, control and withdraw their respective weapons in the community;

- That the process of reconciliation between the Parties and the greater Bougainville community is necessary to the achievement of weapons disposal and will continue to be a common shared priority;

- That in areas where, by agreement, the PNG Security Forces undertake not to patrol, BRA and BRF will do their best to gather all arms and hold them securely, relying upon the goodwill and honour of the Commanders;

- That during this phase weapons misused by ex-combatants will be taken from them;

- That actions to take control of weapons shall be reported to UNOMB, which will verify that they have been taken;

That the following Weapons Disposal Plan shall be put into effect:

Management of Plan

WEAPONS DISPOSAL PLAN

1. The Weapons Disposal process will be managed by a special sub Sub-Committee of the PPCC which will be chaired by the United Nations representative (with the PMG Commander or his delegate as Vice Chairman) and will coordinate the details of the programme on the basis of close consultation with the parties and local communities.

This Committee will also resolve such differences as may arise during implementation of the Plan.

Public Awareness

2. Immediately after the signing of this Agreement, the BRA and the BRF will begin a thorough programme of public awareness throughout the island to stimulate the widest possible support for and participation in the Plan.

Implementation of Plan

The people in each area will decide when they are ready to move on demilitarization and will so inform the UNOMB representative through their Council of Chiefs/Elders.

When the Chiefs or Elders decide, after consultation with the ex-combatants, that an area is ready for demilitarization, it will inform the UNOMB representative, who in turn will notify the Commanders of the PNG Security Forces and the two factions.

After such notification the parties will immediately withdraw their forces or dispose of their weapons.

This withdrawal/disposal shall be completed within 28 days after the notification by UNOMB.

After the PNG Security Forces agree to depart, BRA and BRF will order that all arms not under control will be gathered by Unit Commanders and held securely.

The Unit Commanders shall provide a complete inventory of arms held in his area to UNOMB and their respective Headquarters.

After arms have been returned to Unit Commanders they shall be delivered to the relevant Company Commanders after the Security Forces withdraw.

In any case there will be no withdrawal of the PNG Security Forces from any area until UNOMB has verified the collection of weapons by the relevant Unit Commanders.

In implementing this agreement arms held by Company Commanders will be held securely, and once passed into their possession, will not be re-issued and once withdrawn from an area the PNG Security forces shall not be re-deployed in that area.

A fresh inventory shall be prepared and handed to UNOMB.

After the PNG Security Forces withdraw from each command area the Company Commanders shall deliver arms held by them to one central collection point in each command area.

Weapons under the control of BRF may be returned to the PNGDF for delivery to the central armoury.

Each step in the process shall be subject to independent verification by UNOMB, whose representative is to be given free access to all locations, documents and files.

Phases of Plan Phase 1

12. (

a) The weapons returned shall be held in secure containment under the control of the parties themselves until the constitutional amendments come into effect.

Phase 2

(b) After the constitutional amendments have come into effect the weapons shall be held in secure containment under the supervision of the UNOMB locked securely with two locks - one from the relevant Commander and the other from the UNOMB representative- until such time as the parties decide how the weapons should be finally dealt with.

Phase 3

13. The decision on how these weapons should be finally dealt with will be made within one month of the constitutional amendments coming into effect.

14.(a) If no decision on the final fate of the weapons is made within that time, the Parties must meet with a view to determining whether or not to hold the Elections despite the absence of the decision and 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 that there has been substantial compliance by the parties in the handing in of weapons and that the level of security of the weapons makes it conducive to holding the elections.

Verification

At each stage of the process the UNOMB representative shall make such inspections and enquiries as he considers necessary.

After he has so satisfied himself he will notify the parties so that the next steps can be taken.

The UNOMB representative shall also verify the return of weapons to the Unit and Area Commanders as well as the final hand-over.

The UNOMB representative shall hold confidential all information obtained by him in carrying out his duties, and shall advise the Parties and the PPCC regarding compliance with the requirements of the Agreement.

All weapons contained shall be properly stored so as to prevent their possible deterioration;

This plan shall not be regarded as completed until there has been substantial compliance with this weapons plan and all PNG Security forces have withdrawn from Bougainville.

The Governments of Australia and New Zealand shall be requested to provide personnel and technical services to assist the processes of containment and verification under the umbrella/control of the UNOMB through the PMG or by some other appropriate means.

Agreed this 3rd day of May 2001 at Togarau,

General Ishmael Toroama

Chief of Defence

Bougainville Revolutionary Army

Hilary Masiria

Chairman

Bougainville Resistants Force

Commanders

Bougainville Revolutionary Army

Steven Topesi

Peter Naguo

Justin Kokiai

Thomas Tari

Glen Bearas

Dominic Babatani

Joe Pakoi

Commanders

Bougainville Resistants Force

Laurie Patrick

Hilary Loni

Michael Komoiki

Ambrose Omi

Jacob Naisy

Paul Akoitai

Matthew Warapere

Joe Korerua

Damien Kora

Cosmas Ito

AND WITNESSED BY:

Ambassador Noel Sinclair UNOMB

Amos Tevaria Chief

James Vasiviri

Tabitha Rueta Womens' representative

Matt Anderson PMG

Jeremiah Voiporea Chief

Martin Varieto