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

AND:THE ISATABU FREEDOM MOVEMENT ("IFM") of

AND:THE SOLOMON ISLANDS GOVERNMENT ("SIG") of the

AND:THE MALAITA PROVINCIAL GOVERNMENT ("MPG") of

the Fourth Part; and



AND:THE GUADALCANAL PROVINCIAL GOVERNMENT

Preamble


WHEREAS
since late April 1998, armed groups of Guadalcanal youths, angry about perceived government inaction in addressing their people’s 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

    1. The Panatina Agreement 12th August 1999
    2. The Marau Communiqué dated 15 July, 1999
    3. Memorandum of Understanding between SIG and GPG, 13th June 1999
    4. Buala Peace Communique 5 May 2000
    5. Auki Communique 12 May 2000

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 Ulufa’alu 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

[2]Representational Mandate

PART TWO

NATIONAL SECURITY AND WAR CLAIMS

[1]Engagement of Disciplined Force Members in

Militant Groups


[2)Restructure of the Police Force

[3]Amnesty

      1. Weapons 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.

      2. General Amnesty

        1. In respect of the MEF weapons to be stored in Auki, Malaita Province and;

        2. In respect of the IFM weapons to be stored at not more than four locations on Guadalcanal; and

        3. be inspected by a neutral weapons inspection team to be appointed by the SIG.

      1. The IPMT shall carry out an inventory of all surrendered weapons which shall be stored in tamper-evident containers.

      2. Inspections of surrendered weapons shall be carried out by the IPMT at such intervals as it may decide.

[5]Rehabilitation of Militants


[6]Free Movement of People and Services

      1. Where any of the terms of sub-clauses (iii) to (v) of clause (a) herein require legislative enactment, the SIG shall present to Parliament a Bill for such legislation within six months from the date of this Agreement.

      2. The period of 30 days stated in sub paragraph (a) of this part may be extended only with the consent of all parties hereto.

PART THREE

LOSS OF LIVES AND PROPERTY

 


[2]Claims for lost and damaged property

PART FOUR

POLITICAL AND SOCIO-ECONOMIC ISSUES

[1]Political Issues

      1. Malaita and Guadalcanal Provinces shall be given more autonomy by devolution or by constitutional amendment to effect self-governing status in order to allow the people of Malaita and Guadalcanal to look after their own affairs and to provide for the needs of their growing population.

      2. Within twenty eight days from the date of execution of this Agreement or at a latter date as may be agreed to amongst the parties hereto, the SIG shall establish a Constitutional Council to rewrite the Constitution which will provide for more autonomy to provinces, taking into account such recommendations as may be made by the committees currently reviewing the provincial government system and also noting the exclusive powers of Parliament to legislate on such matters.

      3. The Prime Minister shall appoint members of the Constitutional Council after consultation with all provincial governments.


[3] Land and Property Claims

      1. The SIG undertakes to appoint a commission of inquiry under the Commission of Inquiries Act after consulting MPG and GPG to inquire into acquisition of land on Guadalcanal by non-Guadalcanal persons with a view to making findings and recommendations on the validity of land transactions prior to 1st October 1998.

      2. Until the Commission of Inquiry submits its findings and recommendations, land previously acquired and occupied by non-Guadalcanal persons shall not be occupied, developed, sold or disposed of.

      3. The terms of reference for the Commission of Inquiry shall be drawn up by the Minister responsible in consultation with the Guadalcanal and Malaita Provincial Governments;

      4. Without prejudice to the above, matters of land occupation and title may come within the jurisdiction of the province or state in which the land is situated. Upon establishing jurisdiction over land by Guadalcanal provincial or state government, a fair and just process will be established to assess the legality of claims over land. Until this legislative power is approved by Parliament, a moratorium on all transactions concerning Guadalcanal land shall be in place to maintain the peace.

[4]Social Services

[5]Infrastructure Projects

      1. The following five projects shall be included in the Memorandum of Understanding referred to in Paragraph 2 (d) of Part Four

      1. As part of the preliminary phase of the implementation of the projects herein the MPG shall organize a trade and investment mission from Malaita in conjunction with the SIG to tour selected Asian economies in order to market the island as a potential investment destination.

      1. Any MOU entered into in pursuance of this Agreement shall be deemed to form part of this Agreement.

 

PART FIVE

RECONCILIATION

[1]Face-Face Dialogue

    1. In order for reconciliation to be meaningful various parties to the conflict shall be allowed to involve themselves in face-to-face dialogue – at community, village, family, individual and organizational levels.

    2. Following reconciliation ceremonies there shall be public display of forgiveness and confession to be organized by the SIG.


[2]Peace and Reconciliation Committee

    1. A Peace and Reconciliation Committee (PRC) with terms of reference and membership to be determined by the relevant Minister shall be established after consultation with the Parties to programme and coordinate efforts to achieve full community-based reconciliation and forgiveness throughout Solomon Islands.

    2. The PRC shall be constituted within sixty days from the date of execution of this Agreement.

PART SIX

PEACE MONITORING

[1]Peace Monitoring Council

    1. Subject to this clause there is hereby established a Peace Monitoring Council to monitor, report on and enforce the terms of this Agreement.

    2. Members of the PMC shall be appointed by the Minister after consultation with Parties to this Agreement and may include representatives of States participating in the peace monitoring.

    3. The PMC shall be constituted within 14 days from the date of execution of this Agreement. Its terms of reference are set out in Annexure II


[2]Chairmanship

[3]PMC Expenses

PART SEVEN

IMPLEMENTATION AND COSTS

[1]Time of the Essence

[2]Consultations

    1. In order to effectively carry out and implement the terms of this Agreement the Parties shall consult on regular basis.

    2. Where, through change of circumstances beyond the control of the parties, the implementation of any term of this Agreement requires further negotiations, discussions or consultations the party responsible for implementing the term shall give notice to the PMC stating –

      1. the circumstances giving rise to the difficulties in implementation; and

      2. the terms for re-negotiation.

[4]Costs

PART EIGHT

DECLARATION FOR PEACE AND HARMONY

[1]Declaration

    1. Prevention of discrimination in employment based on ethnic or provincial origin.

1.Cease-fire Agreement Superseded


IN WITNESS WHEREOF the Parties have signed this Agreement on the date hereinbefore written:


SIGNED on behalf of the

MALAITA 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 the

ISATABU 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 the

MALAITA PROVINCIAL GOVERNMENT

HON. DAVID OETA

Premier

Malaita Province

 

 


SIGNED on behalf of the

GUADALCANAL 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 Council

The duties and responsibilities of the PMC shall be as follows:

    1. to ensure that the AOI’s and the bunkers, road blocks, arms, serving personnel are removed within the period specified in this Agreement,
    2. to observe the conduct of IFM and MEF soldiers and to report on any acts of breaches to the parties hereto.
    3. to advise, counsel and remind IFM and MEF soldiers of the need to observe and abide by the terms of this Agreement.
    4. to liase on a regular basis between IFM, MEF and SIG on any matter that may hinder the enforcement of this Agreement and to remove that matter.
    5. to request assistance from local or foreign persons as it considers necessary/appropriate for the effective enforcement of this Agreement, provided that where such assistance is sought, the parties hereto shall agree to such person.
    6. to ensure that breaches of the terms of this Agreement are reported to the parties hereto and that remedial action is taken immediately to address such breaches.
    7. to observe and advise ex-combatants of IFM and MEF and the public at large not to wear military uniforms or any clothes of similar kind within Honiara, Guadalcanal and Malaita provinces.
    8. where ex-combatants of IFM and MEF do not comply with the requirement of paragraph (g), the clothes and materials involved therein shall be confiscated.
    9. Paragraph (g) and (h) do not apply to police personnel, and such other officers as prescribed by law.
    10. To report to the parties and to the public regularly on the conduct and activities of the Council

 

 Annexure II

International Peace Monitoring Team, Solomon Islands

Mandate and Terms of Reference for International Peace Monitors



Preamble

Whereas 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

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 Monitors

2. 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:-

    1. Monitor, observe and report on acts that constitute crimes and breaches of human rights.

    2. Identify and report on resources required by the parties in order to liaise, prepare for and participate in peace negotiations.

    3. Assess the needs to re-establish the rule of law.

    4. conduct police training and advice on related organisation and human resource matters.

    5. Maintain safe custody and inventory of arms howsoever surrendered or returned to the government from the date hereof [ until Parliament or all the parties hereto otherwise direct.] The places of custody, terms of access and security arrangements shall be at the sole discretion of the commanding officer or chairman of the International Peace Monitoring Team.

    6. Report objectively to all the parties hereto, to the Peace Monitoring Council, to participating or sponsoring States and to the public at least every 14 days on the incidents, progress and developments in policing, law and order, restoration of justice and resolving ethnic tension.

    1. The International Peace Monitoring Team is hereby authorised to carry out its tasks as soon as practical after the signing of this agreement and shall continue that function for no less than two years unless all the parties hereto otherwise agree.

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.