Promoting Law and Justice in Bougainville

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Following the success of the November, 2019 referendum on its political future, the Autonomous Region of Bougainville (AROB), Papua New Guinea (PNG) faces a multitude of political, financial, organisational and sociological challenges. However, disrupting the influence of ex-combatant groups on the Bougainville Police Service (BPS) and protecting the integrity of its Criminal Investigation Division (CID) must stand as two of its most pressing tasks if the rule of law is to be upheld and justice is to prevail for all Bougainvilleans.

Under the Bougainville Constitution adopted in 2004, the Autonomous Bougainville Government (ABG) has been drawing down various powers from PNG, one of which is the operation of the BPS, that includes a CID.  The justice system, comprising the District and National Courts in the AROB, remains under PNG's control.

The Australian and New Zealand Governments are strong supporters of the rule of law in the AROB, witnessed by their significant financial and manpower contributions in this sector before and after the signing of the Bougainville Peace Agreement (BPA) in 2001. Since 1999 New Zealand has supported the Bougainville Community Policing Project comprising two components; management of the well-regarded Community Auxiliary Police (CAP) that delivers policing at the local level throughout rural Bougainville, and development of the BPS' institutional capacity. 

From 2009 to 2014 Australia provided AUD150 million to support the PNG-Australia Law and  Justice Partnership, a significant portion of which was spent in the AROB. This was followed by a Transition Program (July 2014 - December 2015), and the Justice Services and Stability for Development Program (January 2016 - December 2019), with a budget of AUD100 million. Unfortunately, this generous support from New Zealand and Australia hasn't produced consistently rigorous application of the law in the AROB, due in part to the negative influence of ex-combatant groups on the BPS and lack of integrity of its CID. 

Since the signing of the BPA in 2001, there have been several crimes in Bougainville investigated by the CID where suspects were arrested without warrant, with little or no evidence, and with the explicit involvement of ex-combatant groups. Although the two main PNG national newspapers typically re-print BPS statements regarding crimes they are investigating instead of conducting their own independent research, the 29/8/2018 edition of the PNG Post Courier newspaper actually published brief details of a murder case without the usual BPS filter.  

On 7/9/2014, Asentha Robin, the 15-year old daughter of CIS Officer, Peter Senat, was raped and murdered at Pidia Village, Kieta District, AROB. A few days later, on the day of his daughter's burial, Peter Senat was arrested by the CID and charged with his daughter's rape and murder. He was held in custody by the BPS for three years until his acquittal by the National Court, Arawa on 12/9/2017. As a direct result of his arrest by the CID he was unjustly dismissed from his position as a CIS Officer. Following his acquittal, the CIS has ignored his repeated requests to be reinstated, causing ongoing financial hardship for him and his family. 

While the National Court justly heard this case resulting in the Peter Senat's acquittal, the CID's role is highly problematic. There was minimal investigation by the CID prior to Peter Senat's arrest and lack of action by the CID to now arrest the known and named perpetrators of his daughter's murder.  

The explicit use of ex-combatants by the CID in murder investigations and the arrest of suspects echoes the influence of armed militias on the official police force in Libya's post-revolution turmoil. A 13/12/2018 Reuters report notes that the Libyan militias are supposed to eventually be integrated into security forces or demobilized, but western countries' attempts to build up an army and police force in Libya have been abandoned. One of the many challenges for Australia and New Zealand in their attempts to strengthen Bougainville's official police force, the BPS, is to negate the malign influence of ex-combatant groups on its fragile integrity.