DATED THE FIFTEENTH DAY OF OCTOBER 2000
THE TOWNSVILLE PEACE AGREEMENT
AN AGREEMENT for the cessation of hostilities between the Malaita Eagle Force and the Isatabu Freedom Movement and for the restoration of peace and ethnic harmony in Solomon Islands.
THIS AGREEMENT is made the fifteenth day of October 2000
BETWEEN:THE MALAITA EAGLE FORCE ("MEF") of Malaita
Province of the First Part;
AND:THE ISATABU FREEDOM MOVEMENT ("IFM") of
Guadalcanal of the Second Part;
AND:THE SOLOMON ISLANDS GOVERNMENT ("SIG") of the
Third Part;
AND:THE MALAITA PROVINCIAL GOVERNMENT ("MPG") of
the Fourth Part; and
AND:THE GUADALCANAL PROVINCIAL GOVERNMENT
("GPG") of the Fifth Part:
Preamble
WHEREAS since late April 1998, armed groups of Guadalcanal youths, angry about perceived government inaction in addressing their peoples grievances (which dated back to 1988 through peaceful demonstration) engaged in activities which resulted in the forceful eviction from Guadalcanal of settlers from other islands, especially Malaita settlers, and the displacement of approximately 20,000 Malaitans;
AND WHEREAS in acknowledging the ill-effects the above-referred activities had on the society, well-being of the persons affected and the economy of the country the SIG attempted to resolve the crisis by peaceful negotiations with the assistance of the Commonwealth Secretariat, which sent two envoys to Solomon Islands:
AND WHEREAS in pursuit of the quest for peaceful resolution of the crisis, the SIG facilitated and secured the signing of the following main agreements (a)The Honiara Peace Accord dated 28 June, 1999; and
AND WHEREAS following the continued activities of the Guadalcanal Youths, which by then came to be publicly known as the Isatabu Freedom Movement (IFM) and the inability or delay on the part of the then Government to resolve the outstanding grievances and demands of the displaced Malaitans, the Malaita Eagle Force (hereinafter referred to as the MEF) took up arms in January 2000, after raiding the Auki Police Station Armoury.
AND WHEREAS there followed skirmishes between the MEF and the IFM and an increase in criminal activities in Honiara, which culminated in the members of the PFF and RRU joining forces with MEF to form up the MEF/Para-military Joint Operation, which on 5th June 2000 took control of the Government Armoury in Rove, Honiara.
AND WHEREAS upon taking control of the said Armoury, the MEF/Para-military Joint Operation declared war against the IFM and placed the then Prime Minister, Hon. Bartholomew Ulufaalu under house arrest which subsequently led to his resignation on 28 June, 2000 and to the coming into office of the present Government.
AND WHEREAS the SIG in its continuing search for a peaceful resolution to the on-going ethnic unrest and hostilities between the IFM and MEF successfully negotiated a Cease-fire Agreement between the two warring groups on the 2nd day of August, 2000:
AND WHEREAS in terms of the Cease-fire Agreement it is stipulated that peace negotiations should commence within seven days from the date of execution of the said Agreement and be concluded wherein ninety days thereafter.
AND WHEREAS in compliance with the said Cease-fire Agreement, peace negotiations commenced on schedule and was adjourned on the 3rd day of September, 2000 to be recommenced at a later date on satisfactory completion of the identification of common issues and issues that may require further negotiation:
AND WHEREAS Marau people of Malaitan origin also subsequently became victims of the ethnic unrest on Guadalcanal desire that the issues facing the people of Marau be also addressed together with the issues to be discussed and negotiated in the search for lasting peace:
AND WHEREAS the parties after continued negotiations in their search for and desire to find the most appropriate solution for lasting peace in Solomon islands resolved on this 15th day of October, 2000 in the City of Townville in Australia as follows
PART ONE
PRELIMINARY MATTERS
[1]Territorial Scope of the Agreement
This Agreement shall apply to Malaita and Guadalcanal Provinces including Honiara and shall bind all the Parties hereto including any future government of Solomon Islands.
[2]Representational Mandate
Persons who have been appointed as spokesmen or delegation leaders of the parties hereto are deemed to have obtained and have been given full representational mandate by the groups they represent for the purpose of negotiating, concluding and executing this Agreement.
PART TWO
NATIONAL SECURITY AND WAR CLAIMS
[1]Engagement of Disciplined Force Members in
Militant Groups
(a)Members of the disciplined force ("Officers") who assisted both the MEF and the IFM may, subject to the powers of appointment vested in the Police and Prison Services Commission, continue to serve in the Royal Solomon Islands Police Constabulary or the Paramilitary Force.
[2)Restructure of the Police Force
The SIG undertakes to continue the process of restructuring the Police Force as proposed by the recent Police Strategic review, taking into account the need for fair or equal provincial representation in the National Police Force.
[3]Amnesty
Members of the MEF and IFM who are currently in possession of weapons shall surrender the same in accordance with paragraph [4] of this Part and in consideration of handing over any such weapon the person so doing shall be granted immunity from prosecution in respect of the stealing or possession of that weapon (or any of a similar kind) at any date after the 1st January, 1998 up to the date of this Agreement and the SIG undertakes to do all things necessary, including passing legislation to give full legal effect to this provision.
Members, leaders and other civilian advisors associated with the MEF, IFM, and any Police, Prison Service or RRU or PFF officers who participated in military operations during the course of the ethnic crisis up until the date of execution of this Agreement shall, subject to such conditions as shall be contained in an Act of Parliament, be granted amnesty or immunity in respect of criminal acts done
(i)all weapons and ammunition presently in possession of the two groups be surrendered; and
Members of the MEF, IFM, the Officers and their associates and advisers shall be granted immunity and amnesty against civil liabilities and disciplinary actions arising in connection with the armed conflict on Guadalcanal.
For avoidance of doubt it is hereby declared that any person who unlawfully possesses, uses, controls or in whose custody is found, any firearms and ammunition or identifiable stolen property and who after the period described in Part Two, clause [3] (b) refuses or fails to surrender the same in accordance with the terms of this Agreement shall not be granted amnesty or immunity for any offence whatsoever.
(f)Surrendered weapons shall remain under the control and supervision of the IPMT for twenty-four months
(g)Before the expiration of twenty-four months following the execution of this Agreement a review shall be carried
out by a committee consisting of persons appointed by the SIG, after consultations with provincial governments,
on the security situation throughout Solomon Islands. Upon being satisfied that there is improved state of ethnic
co-existence in Solomon Islands all surrendered weapons shall be armoury or be disposed of in such manner as may
be determined by the SIG.
(h)all property appropriated by members of the MEF, IFM or Officers prior to the date of execution of this Agreement
shall be surrendered within thirty days to locations to be identified by the SIG.
[5]Rehabilitation of Militants
(a)Within thirty days from the date of execution of this Agreement all MEF and IFM soldiers shall be repatriated to their home villages at cost to the Government.
(c)For the IFM home villages shall be their villages on Guadalcanal.
(d)Within three months after repatriation of soldiers the SIG shall take measures to-
[6]Free Movement of People and Services
Upon the execution of this agreement the parties hereto shall ensure that there is free movement and flow of people, food, fuel and other services throughout Solomon Islands, including Guadalcanal.
[7]De-militarization
(ii)all weapons are deposited and dealt with as herein provided ;
(iii)camouflaged clothing and military uniforms are prohibited from all urban centres and villages;
(iv)importation, manufacture, use, sale and purchase of arms and ammunitions to be suspended for at least 36 months;
Provided that subparagraphs (iii) and (iv) herein shall not apply to acquisition by the SIG of arms for use for the purpose of national defence or national security;
(v)there is a general ban on sale of toy-guns and other miniature military items or gimmicks throughout Solomon Islands; and
PART THREE
LOSS OF LIVES AND PROPERTY
[1]Identification of Remains of Missing persons
[2]Claims for lost and damaged property
The SIG shall make all efforts to secure assistance from its development partners to assist persons who suffered loss or damage to property on Guadalcanal including those who lost-
PART FOUR
POLITICAL AND SOCIO-ECONOMIC ISSUES
[1]Political Issues
[2] Financial and Economic Assistance
[3] Land and Property Claims
[4]Social Services
The SIG shall immediately take steps to improve the capacity of health and educational services in Malaita and Guadalcanal provinces.
[5]Infrastructure Projects
(c)All other political and socio-economic issues presently facing all provinces as a result of the displacement of Malaitans from Guadalcanal shall be addressed by the National Government within a time frame to be agreed by the SIG and the MPG.
(d)The bona-fide demands of the people of Guadalcanal agreed to and the positions reached at the meeting held on
18/2/2000 shall be given effect to within a time frame to be agreed by the SIG and the GPG. The GPG may negotiate
an infrastructure development program with the SIG through a Memorandum of Understanding covering:-
PART FIVE
RECONCILIATION
[1]Face-Face Dialogue
[2]Peace and Reconciliation Committee
PART SIX
PEACE MONITORING
[1]Peace Monitoring Council
[2]Chairmanship
The Chairman of the PMC shall be appointed by the Minister and shall have an office and a secretariat.
[3]PMC Expenses
All expenses of the PMC incurred in the discharge of its functions, shall be paid by the SIG.
[4]As soon as practicable an International Peace Monitoring Team shall be engaged to assist the Peace Monitoring Council in the discharge of its functions. In consultation with the parties, the SIG will facilitate their deployment. The Mandate and Terms of Reference of the International Peace Monitoring Teams are contained in Annexure 1.
[5]Where in pursuance of the provisions above, a peace monitoring team is present in Solomon Islands, such members shall without hindrance from any of the Parties to this Agreement be permitted to discharge or assist the Peace Monitoring Council in the execution of its duties.
PART SEVEN
IMPLEMENTATION AND COSTS
[1]Time of the Essence
Where this Agreement requires any party to perform an obligation or to take action within a specified time period, time is deemed to be of the essence.
[2]Consultations
(1)Where the implementation of any clause of this Agreement is delayed or is likely to be delayed by reasons beyond the control of the parties the party which is required to implement such clause shall, as soon as practicable, give notice to the other parties stating
[4]Costs
The SIG shall be responsible for the parties reasonable costs incurred in relation to the making and implementation of this Agreement.
PART EIGHT
DECLARATION FOR PEACE AND HARMONY
[1]Declaration
The Parties to this Agreement HEREBY DECLARE that they RENOUNCE, DEPLORE AND DO SOLEMNLY GIVE UP violence and the use of armed force AND UNDERTAKE to settle their differences through consultation and peaceful negotiation and CONFIRM their respect for human rights and the rule of law and shall, and as a demonstration of the same: -
PART NINE: MISCELLANEOUS
SAVINGS AND OTHER PROVISIONS
1.Cease-fire Agreement Superseded
Subject to clause 2 of this Part, the Cease-fire Agreement entered into amongst the MEF, IFM and the SIG on the 2nd day of August, 2000 is superseded by this Agreement and the Areas of Influence ("AOI") established thereunder shall cease to exist.
Nothing done or being done in pursuance of the terms of the superseded Cease-fire Agreement shall be invalidated by the coming into effect of this Agreement. Notwithstanding the provisions of paragraph 1, the CMC shall continue for the purpose of performing the functions of the PMC until its members are appointed.
All issues relating to the ethnic and social conflict in the Marau area of Guadalcanal shall be discussed and negotiated by the Marau Eagle Force, the IFM, GPG and the SIG at a venue and on a date to be fixed by those parties within fourteen days after the execution of this Agreement.
During the discussions and negotiations referred to in sub-clause 3 of this Part the parties thereto may invite such persons and organisations as observers, advisors or participants as they may decide.
The Parties to this Agreement shall explain the terms of this Agreement to the people in their respective provinces as widely as possible with the view of allowing community support for the peace process.
IN WITNESS WHEREOF the Parties have signed this Agreement on the date hereinbefore written:
SIGNED on behalf of theMALAITA EAGLE FORCE
.
ANDREW G.H. NORI
Spokesman & Chief Negotiator
Joint Operation
. ..
LESLIE KWAIGAJEREMY RUA
Deputy Chief Negotiator Supreme Commander
Joint Operation Malaita Eagle Force
. ..
MALCOLM LAKEJIMMY (RASTA) LUSIBAEA
Commander, Operations Field Commander
Malaita Eagle Force Malaita Eagle Force
.. ..
MANASEH MAELANGALESLIE OFU
Senior Commander Commander, Operations
ParamilitaryParamilitary
. .
JAMES KILI JEFFERY PASIO
Field Commander, ParamilitaryCommander, Paramilitary
..
ALEX BARTLETT
Secretary General
Joint Operation
SIGNED on behalf of theISATABU FREEDOM MOVEMENT
TARCISIUS TARA KABUTAULAKA
Chief Negotiator/Chief Spokesman
.
FRANCIS ORODANI JOSEPH SANGU
Assistant SpokesmanSupreme Commander
Isatabu Freedom Movement
(Western Region)
.
ANDREW TEEGEORGE GRAY
Supreme CommanderCommander
Isatabu Freedom Movement Isatabu Freedom Movement
(Eastern Region)(Western Region)
. ..
CHARLES VANGERE FRANCIS KENNEDY
Supreme CommanderCommander
Isatabu Freedom Movement Isatabu Freedom Movement
(Western Region)(Western Region)
. .
SELWYN SAKI PATRICK TUNA
Supreme CommanderCommander
Isatabu Freedom Movement Isatabu Freedom Movement
(Eastern Region)(Eastern Region)
..
JOHN GEREA
Isatabu Freedom Movement
(Eastern Region)
SIGNED on behalf of theMALAITA PROVINCIAL GOVERNMENT
HON. DAVID OETA
Premier
Malaita Province
SIGNED on behalf of theGUADALCANAL PROVINCIAL GOVERNMENT
..
RT. HON. EZEKIEL ALEBUA
Premier
Guadalcanal Province
SIGNED on behalf of the
SOLOMON ISLANDS GOVERNMENT
. .
HON. ALLAN KEMAKEZAHON. WILLIAM HAOMAE
Deputy Prime Minister & MinisterMinister for Police & Justice
For National Unity, Reconciliation
& Peace
WITNESSETH BY:
Sir Peter Kenilorea .
Paul Tovua .
Archbishop E. Pogo
Hon. Mark Kemakeza
Hon. Reuben Lilo
Hon. Francis Taupongi ..
Hon. Jacob Pitu .
Hon. Daniel Nahusu .
Hon. Jackson Kiloe
Hon. Ronald Fugui
Annexure I
Terms of Reference of the Peace Monitoring CouncilThe duties and responsibilities of the PMC shall be as follows:
Annexure II
International Peace Monitoring Team, Solomon Islands
Mandate and Terms of Reference for International Peace Monitors
PreambleWhereas armed conflict has taken place within the Solomon Islands and the parties desire to pursue negotiated outcomes to resolve their differences,
And whereas the parties wish to re-build community infrastructure, replace loss and damaged property, develop constitutional and administrative changes and enable humanitarian assistance and health, education and welfare services to be delivered to the people in a safe environment
And whereas the parties acknowledge that crime and intimidation are prevalent
in Honiara and on Guadalcanal.
Conduct of Peace Negotiations
1. The parties hereby agree that they renounce violence and intimidation and will henceforth address their differences through negotiations and develop co-operative processes to fulfill the needs of their communities
International Peace Monitors2. It is hereby agreed by the parties that there be established a neutral and impartial International Peace Monitoring Team stationed and performing its tasks within Honiara, Guadalcanal and Malaita and that the Team may be composed of unarmed military personnel and civilian police experienced in peace monitoring assisted by such civilians as might be necessary or expedient to assist in the discharge of their functions.
3.The terms of reference for the International Peace Monitoring Team are to:-
The parties hereby request the government of the Solomon Islands forthwith to advise Australia, New Zealand and the United Nations of these presents and to encourage regional nations to participate and assist in the implementation of this peace agreement.