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Review of the Bougainville Community Police Project (Phase 4) BCPP Review Report Autonomous Region of Bougainville Papua New Guinea 14 December, 2009 Commissioned by: The New Zealand Agency for International Development Nga Hoe Tuputupu-mai-tawhiti Prepared by: James Mc Govern Independently Contracted Lead Reviewer MC Development Services Monica Taga Independently Contracted Community Liaison Advisor Bougainville Inter-Church Women’s Forum Autonomous Region of Bougainville 14 December, 2009. The views expressed in this report are those of the author(s) and do not necessarily reflect the position of the New Zealand Agency for International Development, the New Zealand Ministry of Foreign Affairs and Trade, the New Zealand Government or any other party. Nor do these entities accept any liability for claims arising from the report’s content or reliance on it.

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Review of the Bougainville Community Police Project (Phase 4)

BCPP Review Report

Autonomous Region of Bougainville Papua New Guinea

14 December, 2009

Commissioned by: The New Zealand Agency for International Development Nga Hoe Tuputupu-mai-tawhiti Prepared by: James Mc Govern Independently Contracted Lead Reviewer MC Development Services Monica Taga Independently Contracted Community Liaison Advisor Bougainville Inter-Church Women’s Forum Autonomous Region of Bougainville 14 December, 2009.

The views expressed in this report are those of the author(s) and do not necessarily reflect the

position of the New Zealand Agency for International Development, the New Zealand Ministry of Foreign Affairs and Trade, the New Zealand Government or any other party. Nor do these entities

accept any liability for claims arising from the report’s content or reliance on it.

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TABLE OF CONTENTS

ACRONYMS AND ABBREVIATIONS .................................................................................... IV

MAP OF AUTONOMOUS REGION OF BOUGAINVILLE ...................................................... VI

BASIC PROJECT DATA, ACKNOWLEDGEMENT AND DISCLAIMER ............................... VII

EXECUTIVE SUMMARY ...................................................................................................... VIII

1. INTRODUCTION ......................................................................................................... 1 1.1 Background ................................................................................................................................. 1 1.2 Bougainville Policy & Policing Setting ......................................................................................... 1 1.3 BCPP Phase 4 ............................................................................................................................ 2 1.4 Purpose of the review ................................................................................................................. 3 1.5 Review methodology ................................................................................................................... 3

2. PROGRESS AGAINST COMPONENTS ..................................................................... 5 2.1 Component 1: Project Management ........................................................................................... 5 2.2 Component 2: Community Auxiliary Police ................................................................................. 6 2.3 Component 3: Operational Policing ............................................................................................ 7 2.4 Relevance, Efficiency, Effectiveness, Impact and Sustainability, Value for Money .................... 8

3. FUTURE DIRECTIONS ............................................................................................. 10 3.1 BPS executive and corporate management needs to be strengthened .................................... 10 3.2 The shift to Phase 5 needs to be linked to BPS capacity levels for sustainability ..................... 11 3.3 Mini-redesign of Phase 4 recommended .................................................................................. 12 3.4 Possible Design Structure (PDD) for next iteration of the BCPP .............................................. 12 3.5 Budget level to be maintained ................................................................................................... 13 3.6 Technical assistance personnel – Development Advisor and VPF roster

recruitment needed ................................................................................................................... 13 3.7 Greater efforts required on communication, coordination and contribution to policy

dialogue .................................................................................................................................... 14 3.8 A joint BCPP-BPS monitoring and evaluation framework needed ............................................ 15 3.9 Project to adopt focusing themes and support crime trends research ...................................... 15 3.10 Project to more closely align with aid effectiveness principles .................................................. 16 3.11 Increased alignment with ABG law and justice priorities possible through BPS-led

working group ........................................................................................................................... 16 3.12 CAPs and civil society ............................................................................................................... 17 3.13 Gender ...................................................................................................................................... 17 3.14 ABG Police Powers require clarification .................................................................................... 18 3.15 Donor harmonisation ................................................................................................................. 19 3.16 Operating environment and risk ................................................................................................ 19 3.17 Priority Actions .......................................................................................................................... 20

4. CONCLUSION ........................................................................................................... 21

ANNEX 1: BOUGAINVILLE COMMUNITY POLICING PROJECT (PHASE 4) REVIEW TERMS OF REFERENCE .......................................................................... 22

ANNEX 2: LIST OF PEOPLE CONSULTED ......................................................................... 30

ANNEX 3: AIDE MEMOIRE .................................................................................................. 34

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ANNEX 4: LIST OF RECOMMENDATIONS ......................................................................... 39

ANNEX 5: LIST OF BCPP STAFF MEMBERS ..................................................................... 42

ANNEX 6 – LIST OF REFERENCE DOCUMENTS .............................................................. 43

ANNEX 7: AID EFFECTIVENESS PRINCIPLES ................................................................. 45

ANNEX 8: REVIEW OF BCPP OBJECTIVES ...................................................................... 46

ANNEX 9 –THE ROLE OF FEMALE CAPS AT COMMUNITY LEVEL ................................. 48

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Acronyms and Abbreviations ABG Autonomous Bougainville Government ACP Assistant Commissioner of Police AFP Australian Federal Police APP Australian Policing Partnership (GoA-GoPNG) AROB Autonomous Region of Bougainville AusAID Australian Agency for International Development BCPP Bougainville Community Policing Project BIPG Bougainville Interim Provincial Government BPA Bougainville Peace Agreement BPS Bougainville Police Service CAP Community Auxiliary Police CBO Community Based Organisation CSO Civil Society Organisation CJLU Community justice Liaison Unit CoC Council of Chiefs CoE Council of Elders CP Community Police CS Correctional Service DM District Manager DNPM Department of National Planning and Rural Development (GoPNG) ECP Enhanced Cooperation Program FBO Faith Based Organisation FMU Facilities Management Unit GIF Governance Implementation Fund GoNZ Government of New Zealand GoA Government of Australia GoPNG Government of Papua New Guinea L&J Law and Justice L&JSWG Law and Justice Sector Working Group LJS Law and Justice Sector LJSS Law and Justice Sector Secretariat LLG Local Level Government M&E Monitoring and Evaluation MEF Monitoring and Evaluation Framework for the BCPP MTDS Medium Term Development Strategy, 2007 – 20011 (GoPNG)

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NCM National Coordinating Mechanism for the Law and Justice Sector (GoPNG) NCOBA National Coordination Office for Bougainville Affairs (GoPNG) NEC National Executive Council (GoPNG) NGO Non Government Organisation NLJP National Law and Justice Policy and Plan of Action (GoPNG) NRI National Research Institute NZAID New Zealand Agency for International Development NZPOL New Zealand Police PALJP Papua New Guinea and Australia Law and Justice Partnership (GoA) PNG Papua New Guinea RPNGC Royal Papua New Guinea Constabulary SNS Sub-National Strategy (GoA) SSF Sector Strategic Framework UPNG University of Papua New Guinea VCC Village Council of Chiefs VPF Vanuatu Police Force

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Map of Autonomous Region of Bougainville

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Basic Project Data, Acknowledgement and Disclaimer Country: Autonomous Region of Bougainville, Papua New Guinea. Activity Name: Bougainville Community Police Project (Phase 4). Program: Bilateral NZAID-funded, managed by New Zealand Police. Location of Activity: Autonomous Bougainville Government-level, and in 13 Districts

across three Regions of the Autonomous Region of Bougainville (North, Central and South), Papua New Guinea.

Counterpart Agencies: Autonomous Government of Bougainville (AGB), AGB Ministry of Police, AGB President’s Office, Bougainville Law and Justice Working Group, RGPNC, NCOBA, GoPNG, NCM.

Managing Contractor: Jointly managed by NZP and NZAID under a MOU; management not contracted to commercial operator. Policing technical advisory personnel sourced from NZP and VPF.

BCPP Review Team Members: Mr. James Mc Govern, Lead Reviewer; Ms. Monica Taga, Community Liaison Advisor.

BCPP Key Dates:

Mobilisation 1 May, 1998 Phase 3 Review July 2006 Phase 4 Review 2-19 November, 2009

Approved Cost of Activity for 2009 GoNZ NZD $ 2.4 million, annually (approximate figure) AGB NZD $ 105,000 (PGK210,000) Acknowledgement and Disclaimer The BCPP Review Team members would like to thank all those consulted in Bougainville, Port Moresby and Wellington, for giving their time to provide valuable advice and analysis. Special thanks are also extended to BCPP staff members in Buka and Arawa whose support and openness to the review allowed the mission to proceed smoothly. This report only reflects the views of the BCPP Review Team. It does not necessarily reflect the views of the Government of New Zealand, the Autonomous Bougainville Government, the Government of Papua New Guinea, nor of any of the agencies or people consulted during the mission.

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Executive Summary Purpose and methodology 1. This Review builds on a 2006 review of the Bougainville Community Policing Project (BCPP) and is intended to examine BCPP objectives, plans, budget and timeframe to ensure that the Bougainville Police Service (BPS) operates an effective community policing agency that integrates and supports a strong and sustainable Community Auxiliary Police (CAP) activity. Anticipated outcomes of the review include recommendations on the appropriateness of BCPP objectives, design, time frame, sustainability plan and M&E Framework, as well as formulation of recommendations about any future assistance delivered through the BCPP. The Review adopted a participatory approach, including establishment of a Review Reference Group, broad consultation on the scope and objectives of the Review, development of a Review Plan, and contracting of an independent Community Liaison Advisor. The review was conducted over a two week period in Bougainville and in Port Moresby. Progress 2. During the review period, Phase 4 of the BCPP has progressed towards its stated goal of a Bougainville Police Service (BPS) which operates as an effective community policing agency, and that integrates and supports a strong and sustainable Community Auxiliary Policing (CAP) activity. The BCPP enjoys strong Autonomous Bougainville Government (ABG) support, aligning well with the ABG’s desire to develop a form of policing which is appropriate for Bougainville. Donor harmonisation, particularly with the larger Papua New Guinea – Australia Law and Justice Partnership (PALJP) continues. A body of CAPs has been recruited, including a proportion of female CAPs, and training has been provided. Transition of responsibility for the CAP activity to the BPS is ongoing, and the ABG has absorbed CAP allowance costs, against an agreed Financial Schedule, which is very encouraging in terms of evidencing the ABG’s support for the CAP activity. CAPs distribution throughout Bougainville, as determined by the ABG, remains uneven, and Southern Region access remains problematic, largely due to ongoing tensions. Individual community members, representatives of local level government, including magistrates, and Buka and Arawa-based ABG representatives were highly supportive of the BCPP’s approach and of its impact on law and order, particularly at community level. The fact that CAPs are nominated from communities themselves and through training become assets to traditional power structures, such as the Council of Chiefs (C0C) was anecdotally reported by the bulk of interviewees, to have had significant impact on assisting CoCs to address law and order issues in their communities. Key law and order challenges include domestic violence and drug use (marihuana) and evidence exists that the existence of CAPs at community level has contributed to community-level leaders in dealing with these issues. In the absence of criminal statistics, it is difficult to provide empirical evidence, but over the two week period in Bougainville the vast majority of respondents advanced this view. 3. The Project is well managed on the ground with an enthusiastic team of New Zealand and ni Valuatu staff in two locations (Buka and Arawa). Despite the absence of a NZAID Development Advisor, and in the context of long-term absences by the BPS Assistant Police Commander (ACP), the Project has made good efforts to support the BPS organisationally, working closely with PALJP Advisors. Challenges 4. Transfer of the CAP activity to the BPS and uptake of available operational policing technical assistance available through the BCPP faces some challenges, particularly in the context of the weakened state of the BPS institutionally, which is yet to fully resource and manage the CAP activity.

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A lack of clarity regarding the actual costs of the CAP activity exists. Institutional weakness applies also to other sections of the BPS, which requires leadership, management and energy to take up assistance available through the BCPP and other donor partners, such as the PALJP. The absence of a Development Advisor from the BCPP Team has resulted in opportunities for synergy with other donors, such as PALJP, being forfeited. Monitoring and evaluation of the Project remains patchy, due to an unwieldy monitoring and evaluation framework (MEF). There is a need to develop a simple MEF,which responds to both BPS and BCPP needs. While the Australian Federal Police (AFP) is the lead Government of Australia (GoA) agency on policing in Papua New Guinea (PNG) through the Australian Policing Partnership (APP), GoA support to policing in Bougainville is likely to be limited to technical assistance personnel provided through the PALJP. An opportunity exists for the BCPP to provide strategic management support to BPS strategic priorities, but this may require the ABG and GoPNG addressing the incumbent ACP’s performance; significant periods of absence from his post in Buka have severely affected discipline, morale and management within the BPS and make it difficult for the BCPP to gain traction on institutional and strategic issues affecting the BPS. The BPS has insufficient capacity to respond to key law and order issues, such as juvenile drug use and domestic violence; despite recent recruitment of female CAPs, the overall number of female CAPs is low (57 female CAPs), and there is an absence of skilled female victim support officers within the BPS to respond to those cases which filter up to the BPS. Law and order challenges facing the BPS are likely to increase if the Bougainville economy expands and the BPS is currently under-resourced and poorly trained to respond. Elaboration of a clear community policing approach which would apply to the BPS as an entire institution, and operationalisation of that approach is needed. Future 5. Opportunities exist for the Project to recast its support so that it more fully falls into line behind the BPS’ Strategic Plan for 2010-2014. A mini-redesign is proposed for early 2010 and the following four components are suggested:

Component 1: Strengthening BPS Executive and Corporate Management Capacities; Component 2: Strengthening BPS Operational and Community Policing; Component 3: Enhancing Community Planning for Law and Order; and Component 4: Project Management and Coordination.

6. A pivot in support away from the current focus on the CAP activity and toward technical assistance to develop core management and operational functions of the BPS is warranted, given that APP support is likely to be directed elsewhere within PNG. While the BCPP’s current design document contemplates support to management and operational functions, activities aimed at this now need to be fore-grounded. Success depends in part on viable BPS leadership. Support for community demand for improved policing services also appears warranted, and there is a useful role for the Project in assisting communities to plan for and implement law and order initiatives. A small flexible funding stream is suggested for this. Project procurement needs to be conducted using ABG systems and Project management decision-making needs to be jointly vested in the BPS and the BCPP, to maximise ownership and sustainability of outcomes, as articulated in the Kavien Declaration on Aid Effectiveness. Support to BPS communication and coordination is needed to ensure that community policing activities are well understood and well reported on by the BPS up and down ABG administration lines. Donor harmonisation also needs to be improved, and recruitment of a Development Advisor as Deputy Team Leader would assist in allowing GoNZ to participate more comprehensively in policy dialogue with the ABG, with the GoPNG and with donor partners, such as AusAID. A set of recommendations is set out in Annex 4.

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1. INTRODUCTION

1.1 Background1 1. In 1997 peace was declared in the Bougainville conflict. A key element of the post-conflict reconstruction process has been the restoration of law and order to facilitate peace, security, protection of human rights, freedom of movement, access to services and social and economic development. In the immediate post-crisis environment of the late 1990s, law and order was maintained on most of mainland Bougainville by a broad mix of community stakeholders and ex-factional groups. The presence of a large international Peace Monitoring Group, including New Zealand Armed Service personnel, also provided security. Many incidents involved trauma, homebrew and weapons. The few remaining police were mainly located at Buka. In this context, restoration of civil authority was a priority and in April 1998 Bougainvillean stakeholders requested training for a new breed of community police to operate within their own communities, and under a Bougainvillean identity. This was the beginning of New Zealand assistance to community policing in Bougainville and the beginnings of the current Bougainville CAP programme. 2. The Bougainville Community Policing Project commenced in 1998, assisting with the development of Community Auxiliary Police (CAP) on Bougainville. Assistance has been managed and funded by the New Zealand Agency for International Development (NZAID) and implemented by New Zealand Police (NZPOL). Phase 4 of the Bougainville Community Policing Project (BCPP) commenced on 1 May 2007 and will run until 30 April 2010. New Zealand Police (NZPOL) has implemented all phases of the Project, under a Memorandum of Understanding with NZAID. The BCPP intervention rationale is that increased security of people and their property will decrease their vulnerability to poverty and improve economic activity, increasing the trade of goods and services. There are 2 major, linked risks; a breakdown in the on-going peace building and increased criminality by young people with access to weapons.

1.2 Bougainville Policy & Policing Setting

3. Bougainville is an autonomous region within the independent state of Papua New Guinea. The Bougainville Constitution, passed in 2005, created the Bougainville Police Service (BPS), which has a degree of autonomy from the state policing authority, the Royal Papua New Guinea Constabulary (RPNGC). Community policing has been identified by the Bougainville Interim Provincial Government (Law and Justice for Bougainville, June 2003, p.5) as the “foundation” for “a new Bougainville concept of policing” and thus the guiding philosophy for BPS. The Bougainvillean Government identifies the role of community police to be to “deal with problems in their communities in consultation with chiefs and other traditional leaders. They should only be involving the [regular] police in relation to serious criminal matters and matters that cannot be resolved through either chiefs or village courts”. It is also recognised that there is a need for “a major reorientation of the roles of [regular] police to work more closely in supporting and supervising the work of [community police]”. These policing directions are compatible with the PNG National Law and Justice Policy (2000) which has a focus on restorative justice and community policing. 4. In Bougainville, Community Auxiliary Police (CAPs) have been drawn from, and selected by, the community in which they serve and generally do not have a previous policing background. They serve on an ‘as-required’ basis and currently receive a modest monthly allowance. The CAP system, operating at a local government level (Council of Elders) and as a bridge between communities and the 1 For further background information, please also refer to the Terms of Reference for this Review, set out in Annex 1.

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Autonomous Bougainville Government (ABG), is highly compatible with these policy directions – as one would expect given that establishment of the CAP system was an autochthonous request, borne of the crisis experience. Accordingly, “Support for Community Auxiliary Police” is a specific policy within the ABG 2006-2010 Strategic Action Plan.

1.3 BCPP Phase 4

5. The 2006 BCPP Phase 3 Review found that CAP are established and operational in most parts of mainland Bougainville. The Review recommended a shift in focus of the Project to strengthening the community policing system under which CAP operate, including by providing broader support to the BPS. The Review found that broader support to the BPS could be delivered through addition of a new Component to the BCPP. The Review also recommended that the project focus more on sustainability issues. 6. The Goal of BCPP Phase 4, starting on 1st May 2007 and running for 3 years, is a Bougainville Police Service which operates as an effective community policing agency and that integrates and supports a strong and sustainable CAP programme. The BCPP Phase 4 Components, detailed in the Project Description, are:

Component 1: Project Management Component 2: CAP Component 3: Operational Policing

7. There is an expectation that the BCPP will gradually divest itself from direct involvement in CAP support activities as local capacities expand. As this occurs, BCPP resources are intended to be redirected into BCPP Component 3, covering operational policing support. 8. The BCPP continues the special relationship between Bougainville and New Zealand, through recognition that peace and stability remain fragile in Bougainville and that the ABG requires ongoing support, not only in terms of policing services, but also to improved governance, through activities such as the Governance Implementation Fund (GIF) to which New Zealand is a key contributor. The Project’s efforts to implement key themes outlined in the NZAID-GoPNG Country Programme Strategy 2008-2018, such as HIV/AIDS prevention and awareness, gender equality, and empowerment of women (note that some 17% of the CAPs are women), is not only evidence of the Project’s realisation of these approaches, but also underscores the Project’s alignment with key ABG/GoPNG law and justice sector priorities outlined in law and justice sector strategies articulated at both GoPNG and ABG levels. 9. The BCPP works with the Bougainville Police Service (BPS) and other Autonomous Bougainville Government (ABG) law and justice agencies, development partners and communities across Bougainville and has offices in two locations (Buka and Arawa). The Project has a staffing establishment of ten posts, of which three are currently vacant, including one Community Policing Advisor, Arawa, one Community Policing Advisor to a Regional BPS Commissioiner, and a Development Advisor post. 2 The Project budget is determined annually and hovers around the NZD2.2-2.4 million mark.3

2 A list of posts and current staff members is set out in Annex 5. The ‘Development Advisor’ post was previously described as ‘Development Specialist’. 3 For further background information and context, refer to the Terms of Reference for this Review, attached as Annex 1.

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1.4 Purpose of the review

10. This Review builds on the 2006 BCPP review and is intended to examine BCPP objectives, plans, budget and timeframe to ensure BPS operates an effective community policing agency that integrates and supports a strong and sustainable CAP activity.4 Anticipated outcomes of the review include recommendations on the appropriateness of BCPP objectives, design, time frame, sustainability plan and M&E Framework, as well as formulation of recommendations about any future assistance delivered through the BCPP.5

1.5 Review methodology

11. The Review adopted a participatory approach, including establishment of a Review Reference Group, which approved a Review Plan following broad consultation on the scope and objectives of the Review. A n independent Community Liaison Advisor (woman) was also contracted.6 The Review Team adopted a participatory approach, both internally and externally. The Review Team felt that it was important that opportunities for both members of the Review Team to capacity build each other be maximised, and an open and frank communication was adopted internally. This aided the conduct of the review, by ensuring that cultural and social aspects of conducting the review were appropriately taken into account, and that analysis, discussion and the drawing of conclusions was a transparent participative approach within the Review Team. Review activities adopted under the methodology included:

• interviews and/or meetings with representatives of all key stakeholders: NZAID, NZPOL, BPS, the Royal Papua New Guinea Constabulary, (RPNGC), and the ABG. The ABG President kindly made time available to meet with the Review Team, which was also able to meet with a wide range of ABG representatives in both Buka and Arawa, including at Regional and Local Government levels;

• field visits to communities where CAPs are operational in Northern Region and Central Region of Bougainville. It was not possible to travel to the Southern Region due to a roadblock at Morgan’s Junction. Despite this, the Review Team was able to interview and conduct group discussions with primary stakeholders including Council of Elders (CoEs), community representatives, women’s leaders and civil society organisations from all three Regions of Bougainville. A community consultation meeting was held in Inus Yuten, and also in Arawa, where representatives from Southern Region attended. The Review Team also conducted formal and informal interviews with a range of stakeholders throughout the field mission, including with nuns providing social services and trauma counselling and with female magistrates and CAPs. The Review Team made specific efforts to hear the voices of women and the impact of the CAPs activity on women at community level.

• interviews and meetings with secondary stakeholders, including donors active in the Law and Justice Sector. In particular, PALJP Advisors in both Buka and Port Moresby were interviewed, as was the Buka-based AusAID staff member responsible for Sub-National Strategy Programme;

• document review and analysis. A body of documents was reviewed prior to conduct of the field mission, and a number of documents were made available during the field mission and incorporated into the Review Team’s analysis. These documents included:

4 A list of people consulted for this Review is set out in Annex 2. 5 A list of recommendations about future assistance delivered through the BCPP is set out in Annex 4. 6 Full details of the Review Methodology, including, objectives, outcomes and review questions are contained in the Review TOR, set out in Annex 1.

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− BCPP’s design documents, M & E framework and Sustainability Plan documents and reports;

− Bougainville L & J sector documents; − ABG and BPS Strategic Plans, relevant policy and policing documents; − RPNGC policies including 2004 Police Review.

• Integrating gender analysis throughout of the Review. The contracting of a female Community Liaison Advisor contributed significantly to the gender analysis of the Review and enabled the Review Team to access women’s accounts of the CAPs’ performance and identify women’s needs;7

• Data was recorded in daily notes which were made available to NZAID and Project staff. Data were verified according to available sources. Comparative data, such as crime statistics, evidencing pre-CAP and post-CAP environments was not readily available. Conclusions drawn about Project impact, therefore, remain subjective, and are based on prompted and unprompted anecdotal evidence proffered by interviewers.8

• A validation meeting where draft recommendations and an Aide Memoire was presented to the Reference Group and discussed; and

• Elaboration of recommendations on project objectives and activities going forward.

7 Annex 9 specifically addresses the role of female CAPs at community level. 8 The Review includes recommendations for the Project to support establishment of comparative crime statistics.

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2. PROGRESS AGAINST COMPONENTS

2.1 Component 1: Project Management

Progress to date 12. Progress against the two project management objectives has been generally good, with good on the ground management and implementation delivered by a competent and enthusiastic team of expatriate and Bougainvillean nationals. Lack of clarity regarding the number of NZPOL officers deployed through the Project was noted and deployment of the full complement of the budgeted number of NZPOL officers, either on a full time basis, or using this budget for targeted short-term technical support from NZPOL, would enhance Project reach. The absence of a Development Advisor on the ground is noticeable, particularly with respect to donor harmonisation. While good links exist between the Project and PALJP, as the Project is short-staffed, it is unable to comprehensively participate as a law and justice sector donor partner, both to the ABG and to PALJP. 13. Sustainability of the Project remains a key issue, and despite good efforts to develop a sustainability strategy for the Project, the strategy remains a reference document. The key challenge for the next iteration of the Project would be to translate the sustainability strategy into BPS responses. In general terms, training a large body of CAPs presents itself as a reasonable sustainability approach. Key elements of the Project, including the Financial Schedule (Annex 5) also evidence sustainability with the ABG’s absorption of CAP allowances costs exceeding actual expenditure due to recruitment of a smaller number of CAPs than anticipated. This evidences the commitment of the ABG to the CAP activity.

14. Interviews with members of CoEs and Village Courts revealed that the exact role and terms of reference of the CAPs are not well understood. Despite this, CoE members and Village Court officials welcomed the presence and contribution of the CAPs, indicating that they played in overall terms, a positive role in supporting the maintenance of law and order in communities in which they worked. The process of COEs signing off on CAP allowances might need to be revisited to ensure that COEs clearly understand what is expected of the CAPs. Sound Project management, particularly logistics, was evidenced during the field mission, and it is clear that the best outcomes in terms of recruitment and training of CAPs are present, given the circumstances in Bougainville. Some work could be done, however, to support development of a more proactive communication strategy for the BCPP and for the BPS, including about the role of CAPs as BPS community policing agents in communities, and the work of the project within the ABG and GoPNG contexts. 15. Project coordination, while informal, is largely effective, although more structured approach, on the back of ABG coordination mechanisms, would further boost donor harmonisation, particularly between AusAID and NZAID. BCPP internal communication and coordination are good, although largely informal. The BCPP Team communicates well with external parties, and with the BPS and informally with donor partners. Establishment of a project management structure, which more formally describes processes for dialogue about the Project at senior ABG and GoNZ level, at BPS management-housed operational-level, and at Regional/District-based operational-level, would enhance two-way communication about the BCPP’s support to community policing in Bougainville, and increase donor harmonisation on BPS priorities. Re-enlivening of the Bougainville Combined Policing Working Group under the auspices of the ABG could be one way to do this. Technical assistance personnel – vacancies hindering progress 16. Three BCPP posts remain vacant and this is hindering Project effectiveness. Of particular importance is the Development Advisor post, which would make a significant contribution to the Project,

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including the reporting and monitoring functions, as well as participation in donor dialogue in Bougainville. Posts for one Community Policing Advisor, Arawa and one Community Policing Advisor to a Regional BPS Commissioiner remain vacant, following repatriation of a CAP Advisor seconded from the VPF and due to mobilisation constraints. This has impacted negatively on the BCPP’s activities, with staff being redeployed internally to cover CAP Advisor responsibilities. In general terms the technical assistance personnel on the ground in Bougainville are enthusiastic and approach their work with dedication. Monitoring and evaluation fair under circumstances but needs to be revamped 17. Reporting against the current MEF has been patchy and at the time of writing was discontinued, pending the outcome of this Review. This is a sensible approach. Despite this, Project management’s ongoing monitoring of BCPP activities generates a comprehensive picture of the level of success of individual activities, although communication of these results to BPS and ABG, particularly downstream, appears is inconsistent. The existing MEF is over-engineered, and creates onerous reporting obligations for field staff (and the BPS), with no clear articulation of the use of the information. The MEF needs to be a guide for Project implementation for the BCPP, the BPS, and the ABG. The MEF needs to be simple, home-grown and useful, and help generate information which not only helps the Project meet its reporting obligations, but also fundamentally assist the BPS to come to terms with challenges in implementing its mandate. The current MEF does none of this.

2.2 Component 2: Community Auxiliary Police

Progress to date 18. Progress against the four CAP objectives continues, with BCPP working to build BPS capacity to train and manage the CAP activity. Recruitment and training of female CAPs appears successful and appropriate, and community demand for female CAPs remains strong, from both men and women. Ongoing devolution to BPS of a number of CAP management functions previously supported by the BCPP bodes well, although financial devolution remains a challenge. The ABG’s financial contributions under Financial Schedule (Annex 5) exceed expenditure for CAP allowances as the full complement of CAPs was not recruited, , evidencing the ABG’s willingness to meet the CAP allowances. 19. Training is provided through a mixture of BPS, CAPs and local NGO training service providers, with communities commending the quality of the CAPs. Community support for CAPs is strong, with CoEs welcoming the added law and order resources available, particularly for conflict prevention and peace building activities, to which, anecdotal evidence suggests, CAPs make a valuable contribution. CoE representatives conducting peace building activities expressed strong support for the role of CAPs in these processes. Community expectations of CAPs knowledge and skills are equally high, and this presents an as yet unrealised opportunity for the BPS. An operational gap remains between CAPs and BPS at community level, and a clearer articulation of CAPs’ role for CoEs and communities would benefit their work. Similarly, an operational gap exists between the CAPs and the BPS at an institutional level, despite solid BCPP attempts to address it. BPS trainers’ delivery of CAPs training based on ten topics continues, strengthening the functional integration of the CAPs into BPS. Innovative delivery of training to CAPs located in the Southern Region no-go-zone has been possible through training camps held in Central Region. With most CAPs having only completed Year 8 of school, education remains a challenge. 20. Logistics support to CAPs continues to be provided in the form of transport and other minor incidentals. Logistics is factored into the schedule of financial responsibilities, but may be required on an ongoing basis.

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21. The key challenge facing the Project is the integration of the CAP activity into the BPS. Ongoing technical assistance will be required to support BPS’ Community Policing Section to manage the CAP activity. A lack of clarity exists about the number of BPS regulars which is expected to be recruited in the future, and this has links to expectations about CAP numbers and resources devoted to CAP activity sustainability by the BPS. The major constraint facing the ABG’s support to the BPS is budgetary, as the BPS receives a fixed amount from GoPNG in the form of an annual grant. In 2009 this amount was around the GPK 2.4 million-mark. This amount appears insufficient for the ABG to run an effective policing agency, including integrated CAP activities. Open members of GoPNG parliament from Bougainville, in a surprisingly transparent and laudable approach, passed on to the ABG allocations they received through the GoPNG Provincial Support Investment Programme (PSIP). Some of these funds were allocated for law and justice activities, although none it seems was allocated directly to the BPS. The ratio of BPS regulars to CAPs will need to be carefully monitored in the future. There are good financial arguments in favour of maintaining a small body of highly skilled BPS members (around the 200 member mark), and a larger body of CAPs. The latter are less expensive to the ABG and are arguably more effective as they are community-based. This ‘light touch’ BPS approach could provide a useful framework for the development of the BPS, but would require significant ongoing support and training for both the BPS regulars and for CAPs. The BPS Community Policing Unit would need to expand, as CAPs are integrated into the BPS, ensuring that additional staffing resources are allocated to guarantee the CAP activity’s effectiveness. Community policing needs to be seen as part of the overall BPS organisational approach to policing, rather than having that role being vested only in the community policing unit. From a human rights perspective, while presence of the CAPs has increased availability of policing services on the whole, many members of Bougainvillean communities do not have access to policing services (either by CAPs or regular BPS) and this fact continues to present significant challenges for them in realising their rights. Further, even in those areas where CAPs are present, follow through on issues brought to the attention of the BPS by CAPs and community members appears to be poor, compounding challenges in redressing any human rights issues.

2.3 Component 3: Operational Policing

Progress to date 22. Progress against the three operational policing objectives has been slow. The absence of the Assistant Commissioner of Police (ACP) Bougainville from Buka for approximately six months over the last year has hindered uptake of leadership and operational capacity building made available through the BCPP. This has been compounded by the Central Regional BPS Commander’s relocation to Buka to fulfil Acting ACP duties. This has resulted in weaknesses in operational management and leadership within the BPS, making traction for those BCPP efforts targeting operational and management difficult. Reports of BPS disciplinary issues appear common and the BPS establishment does not reflect actual staffing or needs. Organisational change within a hierarchy organisation such as the BPS requires some top-down efforts. BCPP has contributed to operational and management capacity building efforts, and more could be done through refocussing the Project’s efforts. 23. BCPP has played a constructive role in supporting the scoping of BPS human resources needs, resulting in identification of a short-term human resources advisor (funded through the PALJP) expected to arrive in January 2010. The BCPP continues to work closely with AusAID PALJP advisors attached to the BPS and other ABG agencies to identify corporate management and operational planning and logistics requirements. The PALJP has worked progressively with the BPS to rationalise some elements of financial management, including vesting an operational budget with Regional BPS Commanders. In addition, technical assistance to logistics support has been provided, and plans are underway to strengthen BPS logistics processes. The BCPP should fall in behind these approaches. While there is potential for overlap between the BCPP and PALJP agendas, closer coordination and

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continued good cooperation present the best chance of minimising any overlaps. BPS technical assistance and leadership support needs appear significant. The BCPP could play a definitive role in supporting BPS leadership (the ACP) to better harness available technical support from both BCPP and PALJP. PALJP appears ready and willing to work collaboratively in this way, and the missing factor appears to be BPS leadership. Further joint NZAID-AusAID support to the BPS to identify its corporate and operational needs and to harness available resources through a BPS-led mechanism is warranted. The Project could also support BPS efforts to access available resources, such as those available under the AusAID PALJP funding processes. No logistics support is provided to the BPS and this approach appears a sound way to support strengthening of BPS logistics capacities, which also receive advisory services through the PALJP. BCPP support to fall into line with BPS strategic plan 24. A core element of the Paris Principles on Aid Effectiveness, as reiterated in the Kavieng Declaration on Aid Effectiveness, is that donors aspire to base their overall support on partner countries’ national development strategies, institutions and procedures.9 The BPS has developed a strategic plan for 2010 to 2014, which appears sensible and is broken down into administrative units, including the headquarters, and the regions. Objectives of the Strategic Plan include: maintaining law and order in partnership with the community; improved investigation, detection and prosecution of offences; a highly professional and accountable organisation, improved highway and resource project safety; and a well equipped and professional police service.10 The BCPP needs to fall in line with this strategic planning, adjusting the scope of its activities to support the BPS to realise the objectives of the strategic plan. This of course requires BPS leadership responsiveness, which is currently absent.

2.4 Relevance, Efficiency, Effectiveness, Impact and Sustainability, Value for Money

25. BCPP Review comments against the five DAC criteria are set out below. Value for money is also included. 26. Relevance: the CAP activity remains highly relevant to the ABG and to the people of Bougainville; less so to GoPNG, where a rationalisation in the engagement of CAPs and Reservist Police is in process.11 The ABG clearly sees the Project’s support to the CAP activity as assisting it to realise a home-grown Bougainvillean policing approach and assisting the ABG to disseminate information and ABG policies at community level. The CAP activity therefore sits well with ABG priorities for law and justice helping not only to reinforce traditional forms of community authority, such as the CoEs, but also increasing community access to government services. Ongoing support for strengthening of the BPS sits well with ABG law and order priorities, and accords with GoNZ support to law and justice/governance, as described in the NZAID-GoPNG Country Programme Strategy 2008-2018.

27. Efficiency: The Project is well managed on the ground, with an enthusiastic and dedicated Team Leader ensuring that the BCPP team engages positively with a broad range of stakeholders at community, local government and ABG levels. Project management enjoys sound relationships with key ABG representatives, including the President of the ABG. Good cooperation exists between the Project and PALJP. Some staffing issues continue to affect the Project’s efficiency, including three

9 A list of relevant principles and standards is set out in Annex 7. 10 Some overlap appears to exist between objectives three and five, however overall the document provides a decent roadmap for the BPS. 11 This rationalisation process includes paying out current CAPs and Reservist Police, reducing their numbers and introducing a contract-based system under which CAPs and Reservist Police would be engaged for a term of two years, with extension subject to performance review.

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vacancies, and difficulties in recruiting appropriately skilled members from the VPF. The absence of a Development Advisor has hindered the Project’s ability to participate in dialogue to fully harness its resources and those of other development partners, such as PALJP, to benefit the BPS.

28. Effectiveness: Long absences of BPS leadership and under-resourcing, particularly at mid-management levels in the BPS have impacted on the Project’s effectiveness both to support the CAPs activity and to support BPS strengthening. The Project’s goal remains unrealised; many of its objectives are similarly unrealised, despite the dedication of BCPP staff on the ground. Political efforts on the part of both ABG to secure an effective BPS leadership, and GoNZ to support the emergence of the ABG within the larger GoPNG context would help to increase the Project’s effectiveness.

29. Impact: As reliable crime statistics12 at community level are not currently available, based on interviews with a cross section of law and justice stakeholders, including ABG representatives, BPS, civil society groups, magistrates, CAPs, and female and male community members in all three Regions of Bougainville13, there is a widely-held perception that the Project has had a significant impact on law and order in Bougainville through the presence of trained CAPs at community level. Community leaders in particular welcomed the CAPs’ contribution to community dispute resolution and peace building practices and to village and CoE level’s ability to enforce law and order and conflict prevention. Community leaders and ABG representatives cited alignment with traditional community authority structures as the key to CAPs’ impact on law and order at community level, with the presence of CAPs seen as a substantive contribution to improvement of law and order at community level. In the Southern Region town of Panguna, the deployment of CAPs this year is the first time that this area has had law and order services in 14 years. An increased female composition of the CAPs from 4% 18 months ago to the current level of 17% female CAPs has had a significant impact on women’s access to policing services. Conversely, weaknesses in BPS responsiveness impairs gains perceived to be made by CAPs and the Project is yet to have significant impact in developing the BPS as an organisation that can manage and fund an effective and holistic community policing approach, including the CAP activity. This means that while at community level CAPs may implement approaches which accord with community expectations and authority structures, a lack of capacity on the part of BPS results in gaps in BPS support to communities. Accordingly, Project impact is equally lessened due to this circumstance.

30. Sustainability: Financial arrangements for uptake by the ABG of responsibility for the CAP allowances bode well for the CAP activity’s sustainability. ABG contributions are in excess of current expenditure on allowances due to recruitment being less than contemplated in the agreed Financial Schedule. Sustainability of the CAP activity depends on a clear identification of the full cost of the activity and a renegotiation with the ABG of the Financial Schedule which sets out the scale-up of financial responsibilities. Significant challenges remain in terms of building sustainability of the BCPP’s support to building BPS capacity, particularly management capacity and resourcing, which will see the emergence of a strong community policing approach by this institution. A refocusing of efforts to support the emergence of core management and planning functions would enhance the chances of the Project’s sustainability.

31. Value for money: At approximately NZD2.4 annually, with a staffing establishment of 10 staff, the Project represents good value for money, taking into account the impact cited above. In the context of the scale of other law and justice activities, such as PALJP and the APP, (although the latter is not present in Bougainville), this modest budget appears appropriate to the Project’s current need. Some 12 At the time of the BCPP Review field mission in Bougainville, the Law and Justice Sector Secretariat (LJSS), supported by the PALJP, was conducting a crime perceptions survey. 13 Community members from Bougainville’s Southern Region were interviewed in Arawa.

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flexibility needs to be built into the Project to ensure it remains responsive to ongoing needs, particularly if BPS leadership is invigorated. Value for money would be increased by recruitment to the vacant posts. Recruitment to these posts would increase Project impact, particularly if absorptive capacity within the BPS can be increased. This latter factor lies largely outside the BCPP’s control. The Project’s financial practices appear to be sound, with regular financial reporting, including accurate and timely invoices submitted by NZPOL. The project currently running at around NZD169,000 less than anticipated budget expenditure up to end of November, 2009, although this may be due to some understaffing.

3. FUTURE DIRECTIONS

3.1 BPS executive and corporate management needs to be strengthened

32. The fundamental development problem facing community policing in Bougainville is the weakened state of the BPS as its parent institution. As an organisation, the BPS is largely seen to be a weak institution, suffering poor morale, bad discipline and low effectiveness. Community members and CAPs interviewed during the Review field mission to Bougainville regularly cited BPS inaction and incompetence in response to law and order matters. CAPs and Village Court officials reported that even when BPS was responsive and arrests made, disaffection to effect internal processes was common; one ABG official described BPS as “dead – they do nothing”. The BPS’ staffing establishment does not reflect its current functional needs, and it is an institution with poor levels of logistics resourcing, including transport. Buka station also houses a gaol, conditions in which appeared less than international standards provide. The ACP was not present in Bougainville during the Review’s field mission, and the BCPP Review Team was informed that his wife is sick and he is in Lae. The BCPP Review Team was also informed that the ACP has been absent from Bougainville for a cumulative period of six months over the last year, often without reason. It appears he spends time at his residence in Lae. While the acting ACP has done well, BPS management challenges are so significant that they require more than a part-time management response in support of the ABG’s law and order priorities. Without effective leadership, good work of individual members of the BPS is wasted, as is BCPP support. 33. While devolution of key aspects of the CAP activity to BPS has progressed well, including the BPS’ Community Policing section’s uptake of financial management systems, performance management, discipline, and training, among others, further joint BCPP-BPS work is needed to clearly identify the full costs of running the CAP activity, and to scope a revised Financial Schedule (Annex 5), including a renegotiated timeframe for full uptake by ABG of all financial responsibilities for the CAP activity. While ABG’s uptake of CAP allowances costs in accordance with the current Annex 5 exceeds actual expenditure, in addition to meeting the allowances costs, other recurrent costs will also need to be fully scoped, and a revised Financial Schedule produced taking into account the ABG’s budgetary realities. An initial step of clearly identifying the actual costs of the CAP activity and disambiguating this from the BCPP budget lines for the CAP activity is warranted. This could be done by the BCPP team on the ground. This then needs to be jointly considered at ABG-GoNZ level. The ABG’s strong statements of commitment to the CAP activity are reflected in its equally strong budgetary commitment to date for the activity. This transition strategy for the CAP activity remains sound but some renegotiation of the Financial Schedule which underpins the transition is required to ensure that the CAP activity accords with community demand and with the ABG’s budgetary and institutional realities. The risks associated with under resourcing the CAP activity are great. The schedule for ABG uptake of financial responsibilities needs to be renegotiated to provide an opportunity for BCPP support to the BPS to also incorporate strengthening key BPS management and operational competencies. These will be necessary to ensure that, institutionally, the BPS can sustainably manage the CAP activity as one of its core community policing approaches. ABG consideration of the legal status of the CAP

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activity may also be required, ensuring that an appropriate scheme of service is in place, which contemplates the possibility of CAP NCO career pathways, including future recruitment into the BPS. 34. The ABG is yet to fully flesh out, and the BPS is yet to fully adopt, a Bougainvillean Community Policing Policy. The process for the ABG’s full articulation of, and the BPS’ operationalisation of such a policy, including working with the ABG Ministry for Police and civil society, provides an entry point for BCPP, through technical assistance personnel from NZPOL, together with the proposed Development Advisor and other law and justice stakeholders and advisors, to support the BPS to adopt the structure and functions which will allow it to manage the effective delivery of community policing-centred policing services in Bougainville. For example, the Project could support the articulation of the ABG’s community policing policy and a consequential joint functional analysis of the BPS business units required to operationalise community policing in Bougainville. The BPS’ approach to policing on the Atolls, for example, also needs to be clearly articulated. The BCPP has completed preparatory work to deploy CAPs to Atolls, including nominations of CAPs candidates from Atolls communities, but there are recurrent logistics costs involved (either purchase or hire of a boat and other logistics costs), which need to be fully considered by the ABG, particularly in the context of an expectation that the ABG will continue to uptake financial responsibility for the CAP activity. The proposed Atolls policing approach appears sound, but as a policing issue, it needs to be considered by the Minister for Police and contemplated in ABG budgeting going forward. Upcoming recruitment of a PALJP-funded Human Resources/Training Advisor will contribute importantly to this process, which will also require ongoing close cooperation with the PALJP finance advisor. The Project had an integral role in revising terms of reference for the Human Resources/Training Advisor role, evidencing good collaborative working arrangements with PALJP.

3.2 The shift to Phase 5 needs to be linked to BPS capacity levels for sustainability

35. The 2006 BCPP Phase 3 Mid Term Review describes BCPP Phase 5 as possibly including support for cash grants on a declining basis, support for purchase of new capital items, monitoring by NZPOL, and specific short-term technical assistance support, or other assistance as requested. Phase 5 means different things to different stakeholders, but consensus centres around a more ‘advisory’ role for BCPP staff. The Review Team considers that a shift to Phase 5 in May 2010 is premature, given the BPS’ current circumstances and capacities. Simply put capacity does not exist within the BPS for a Phase 5 approach to generate traction at this point. The shift to Phase 5 needs to be delinked from NZAID programming and budget cycles and a functional capacities-based approach adopted to trigger a shift in Project support. This approach would see core institutional capacities for the BPS identified and a set of milestones clearly articulated for BPS as triggers for a shift in BCPP support. An incentivised approach could be negotiated, which would see incremental increase in BCPP support to the BPS on its attainment of these key milestones. A premature downsizing of BCPP support to BPS’ management of the CAP activity risks undoing hard earned gains made to date, and while both stakeholders and BCPP staff are keen to see the BPS uptake of CAP activity management, both expressed clearly that doing so by the end of the current Project funding cycle, given the BPS’ current capacity levels, was premature. Stakeholders view the BPS as an institution established largely by default rather than design, as a result of the crisis. In the absence of realigning the BPS structure to reflect functional requirements and core institutional competencies, necessary to deliver a community policing approach, such as the management and operational capacities, imminent scaling down of support from the CAP activity risks its failure. The impact of this in the current Bougainville law and order context is likely to be significant.

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3.3 Mini-redesign of Phase 4 recommended

36. Given that May 20010 is not the time for a shift to Phase 5, a joint ABG-GoNZ mini-redesign of the BCPP under the umbrella of Phase 4 is therefore recommended. This would see funding secured at roughly the same level for a further three years to May 2013, allowing for the graduated withdrawal of BCPP support to management (largely done) and financing of the CAP activity, in accordance with agreed milestones. This three year period would permit any increase in ABG revenue to gather momentum, creating an environment which is more likely to underpin the sustainability of the BPS, and accordingly, the CAP activity. A key element of this design approach needs to include enhancing the capacities of the BPS and the communities in which CAPs work to monitor and evaluate community policing activities, and to analyse the M&E results with a view to correcting BPS activities accordingly. The scaling down of financial support to the CAP activity provides an opportunity for commensurate scaling up of financial support to activities aimed at enhancing BPS executive and corporate management. While the BCPP’s current design document contemplates support to management and operational functions of the BPS and the BCPP has, together with PALJP advisors, been working on these items, focus on strengthening BPS capacities is now required to provide a solid platform for the continued integration of the CAP activity into the BPS and for the emergence of the BPS’ community policing approach. BPS leadership weaknesses have impacted in part on the BCPP’s efforts to date and resolution of this issue is central. Activities, aimed at allowing the BPS to realise maximum leverage from its community policing approach on the ground, such as awareness raising and CAPs acting as conduits for public information about law and order issues, could also be contemplated under the re-designed Phase 4 funding. A core element of the redesigned Project would be to stimulate the BPS (through CAPs and others) to work closely with communities, realising community policing initiatives. An eventual Phase 5 could be contemplated from 2013, which could see shape of BCPP assistance as aiming toward more strategic and operational advisory support to the BPS on an organisational level. The shape of this support needs to be jointly determined with the ABG/BPS at a later time, taking into account sustainability issues.

3.4 Possible Design Structure (PDD) for next iteration of the BCPP

37. A suggested revised BCPP goal for the mini-redesign is:

A strengthened BPS that has the capacity to operate sustainably as an effective community policing agency, working with the community to respond to law and order concerns through an integrated CAP activity.

38. Suggested BCPP Components are set out below.

Component 1: Strengthening BPS Executive Management and Corporate Management Capacities Activities under this Component could include: • Technical assistance to the BPS for executive development and training in management,

planning, monitoring, reporting, and asset management; • Technical assistance a clear articulation and operationalisation of a Bougainvillean

Community Policing Policy; • Support for proactive BPS recruitment (including from the CAPs); • Technical assistance to mid-level management training. Component 2: Strengthening BPS Operational and Community Policing Activities under this Component could include: • Technical assistance to CAP management, CAP training; • Financial support to CAP activities, reducing over time;

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• Technical assistance to training in specialist policing skills, including investigations, prosecutions, etc.;

• Technical assistance to operational training, including through in-service training held in Buka, particularly targeting and new recruits (from the CAP activity).

Component 3: Enhancing Community Planning for Law and Order Activities under this Component could include: • Technical assistance to training for BPS and communities in law and order planning, including

awareness-raising and minor capital works14; • Technical assistance to BPS for community financial management activities; • Education and training for BPS and CAPs on ABG determined law and order themes, such as

domestic violence, drug rehabilitation, and for high school courses. Component 4: Project Management and Coordination Activities under this Component could include: • Technical support to establishment and implementation of a BPS-focussed BCPP

management structure, such as the Bougainville Combined Policing Working Group; • Joint BPS-BCPP development of a BCPP MEF, including identification of joint BPS-BCPP

monitoring activities; • Joint BPS-BCPP staff recruitment for the BCPP, including technical assistance provided

through NZPOL and VPF, and the Development Advisor; • Technical assistance to joint BPS-BCPP management of a small grants fund for community

planning for law and order.

3.5 Budget level to be maintained

39. Maintenance of the current BCPP budget levels on an annual basis through the next phase is considered appropriate. While some costs may be incurred, particularly if short-term technical assistance is sourced from NZPOL, gains will be made as the ABG uptakes financial responsibility for the CAP activity in accordance with the proposed renegotiated Financial Schedule (Annex 5). A small funding stream of NZD150,000 is proposed to support community law and order planning and to provide tangible law and order dividends for communities. It is suggested that this fund be jointly managed by the BCPP and the BPS, providing opportunities for development of financial management competencies by both the BPS and by communities. Administration of this fund needs to remain uncomplicated, and fiduciary risks contained. It is suggested that the total budgetary envelope for the Project over three years to 2013 needs to be in the vicinity of NZD7.5 million.

3.6 Technical assistance personnel – Development Advisor and VPF roster recruitment needed

40. While BCPP management and NZPOL staff members are diligent in approach, the Project would benefit from further support to strategic engagement across ABG and with donor partners, such as the PALJP. The scale of assistance provided by GoA is daunting through the various GoA-funded activities in Bougainville, including through PALJP, governance, and SNS programs. While excellent working relationships and informal links with advisors working in most of these activities and with ABG officials exist, the BCPP also needs to participate more proactively in dialogue with the ABG and with donor partners regarding Bougainville law and justice sector priorities. The Project occupies a key role in supporting a fundamental law and justice agency and its experience and expertise would be highly useful in this dialogue. The scope of activities proposed under the mini-redesign suggested above 14 This could include small-scale capital works, such as radio transmitters, water tanks, and other community-driven law and order priorities.

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could be maximised through recruitment of an experienced Development Advisor, to provide strategic policy and operational inputs into facilitation of community planning for law and order, enhancing BPS M&E activities, strengthening community demand for BPS services, and supporting BCPP M&E monitoring and reporting requirements. A key activity of this position would include be to support communication and coordination, particularly more broadly across the ABG and with donor partners, particularly those in PALJP. A suitable remuneration package of a senior level needs to be proposed for this post to ensure that a pool of skilled and experienced candidates is identified. 41. Where possible, NZPOL members assigned to the BCPP need to be deployed for the longest term possible. NZPOL members currently serve six to nine months in Bougainville. The BCPP’s current Team Leader has been in country for two years, and is expected to sign on for a further two years. It is rare and noteworthy that NZPOL, with support from NZAID, has made this resource available for such a sustained period. A key element of the current success of the Project and its stability rests with continuity in Project management staffing. One BCPP staff member seconded from NZPOL was repatriated on conduct grounds, and immediately replaced by NZPOL.

42. VPF members seconded to the BCPP have had mixed results, with one member being repatriated on conduct grounds. The skill set of the second VPF member does not currently match the requirements of the position of CAP Advisor. Core skills, such as computer literacy, a driving licence (essential in policing in Bougainville), and analytical ability are fundamentals for this position. It is suggested that to ensure suitably qualified VPF members can be identified and seconded, that a joint BPS-ABG identification of a roster of VPF members take place. This would require revisiting the TOR for the CAP Advisor positions (or any other positions that are to be filled by VPF secondees) to ensure minimum requirements for these positions are included (driver’s licence and computer literacy). Interviews should then be conducted by a selection panel including BPS, BCPP, and NZAID staff, in Vanuatu in consultation with the VPF. Some consideration also needs to be given to recruiting female VPF members as role models for Bougainvilleans and for the BPS. Care would need to be taken to ensure that applicable anti-discrimination provisions are not breached.

43. The proposed mini-redesign provides an opportunity for the BCPP and BPS to jointly reconsider the suite of technical and advisory skills needed to support the development of the BPS. Short-term and/or periodic technical support could be sourced from NZPOL to meet specific requirements. Reassignment of budget currently allocated against long-term posts might be necessary to effect this.

3.7 Greater efforts required on communication, coordination and contribution to policy dialogue

44. The Project needs to develop a more proactive communication strategy to support the BPS’ management of community policing initiatives, including communication of the role of CAPs as BPS community policing agents to CoEs, and the work of the project within the ABG and GoPNG contexts. Community level stakeholders, although welcoming of the CAPs in their communities, were largely unclear about the CAPs specific duties, or about the delineation of roles as between CAPs and Village Court peace officers. Some stakeholders suggested that the CAPs would eventually replace peace officers. As peace officers are attached to Village Courts, the potential for confusion across judicial and executive branches of government, even at local government level, is great. Clearly, further awareness-raising is needed at community level concerning the role of the CAPs. This needs to be seen as an opportunity for the Project to support the BPS to conduct awareness raising, supporting the

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BPS’ community policing approaches. The Project needs to also be involved in the Village Courts review, currently being conducted through the ABG Division of Law and Justice.15 45. Establishment of a project management structure, which more formally describes processes for dialogue about the Project at senior ABG and GoNZ level, at BPS management-housed operational-level, and at Regional/District-based operational-level, would enhance two-way communication about the BCPP’s support to community policing in Bougainville, and increase donor harmonisation on BPS priorities. Ensuring that key stakeholder members of the GoPNG law and justice sector (LJS) National Coordination Mechanism (NCM), such as the RPNGC Commissioner, are regularly briefed by both the BPS and by the BCPP, would help to raise awareness about BPS priorities and community policing activities in Bougainville. GoNZ support to these briefings is also warranted. The Project’s facilitation of BPS’ interaction with the NCM will support the BPS’ contribution to the development Bougainville Law and Justice Sector Strategy and its coordination mechanisms. The BCPP needs to actively participate in ongoing policy dialogue about appropriate community policing approaches for Bougainville.

3.8 A joint BCPP-BPS monitoring and evaluation framework needed

46. The Project needs to enhance the level of its support to M&E and reporting. Support to crime statistics data collection and analysis, which would provide useful information supporting efforts by the ABG (through policy initiatives and by the BPS) and communities to address law and order issues. Monthly CAPs reports could be used to help map out law and order issues throughout Bougainville, feeding into BPS annual and strategic planning, and thereby helping to determine the shape of the BPS’ response. Particular attention needs to be paid to supporting the BPS to collect, collate and conduct comparative analysis of statistics between the more secure Northern Region and the less secure Central and Southern Regions. Joint BPS-BCPP development of an uncomplicated MEF, which provides useful information for both the ABG and for the Project, is required. Technical assistance for this activity could be provided by NZAID officers based in Port Moresby, pending recruitment of the Development Advisor. Once in situ, the Development Advisor needs to continue technical support to the BPS for this important function, in close cooperation with the Team Leader, and PALJP Advisors.

3.9 Project to adopt focusing themes and support crime trends research

47. While community policing remains an appropriate vehicle through which support should be directed, community interviews cast light on domestic violence, drug abuse, rape, and a rising incidence of juvenile crime, including surprisingly, by juvenile females. Some useful work could be done to jointly identify focussing themes for the Project which would respond to community law and order concerns, such as juvenile justice, gender, HIV/AIDS, domestic violence, and how they link to poverty reduction. Further, exploration of how the Project contributes to gains in human rights, conflict prevention and peace building is also warranted. Results from the LJSS-facilitated community crime survey, (which was being conducted in Bougainville at the time of the field mission), could provide some useful information to feed into this process. The Project could also facilitate research with a local research body, such as the UPNG, Divine Word University, or the NRI, on crime statistics in Bougainville. This data would be useful to guide the ABG and BPS in its strategic direction, and also assist the BCPP to make meaningful contributions to policy dialogue about policing in Bougainville. Funding external to the BCPP may be available, particularly through PALJP processes and reference should be made to the national-level experience on this and the LJS Annual Performance Report

15 At the time of writing a Cabinet Submission had been prepared to split the Division of Law and Justice into two offices: The Office of the Principal Legal Advisor; and the Law and Justice Office. This split was intended to rectify conflicts of interest in the one office providing legal advice and generating law and justice policy for the ABG.

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processes. A monthly BPS newsletter could be developed, which would also help raise the profile of key issues which the BCPP is supporting the ABG to address. Such a newsletter could also provide scope to highlight the community development elements of the BPS’ work through the BCPP.

3.10 Project to more closely align with aid effectiveness principles

48. The BCPP could make further efforts to reflect aid effectiveness principles (ownership, alignment, harmonisation, managing for results, and mutual accountability). This should include further consideration of the approach to capacity building of the BPS and a clearer articulation of how assistance through BCPP is contributing to the ABG’s strategic plan for the BPS. While BCPP is well positioned to respond to ABG policy priorities, some work still remains to support the emergence of a coherent BPS-internal approach to implementation of the BPS’ Strategic Plan 2010-2015. A team-based approach, which allows the current BCPP staff, together with PALJP Advisors to support BPS planning along thematic or core themes, such as capacity building, human resources management, and planning and budgeting, would further leverage the Project’s impact. Further, BCPP procurement and processes need to, where possible, be directed through ABG systems. Doing so will increase focus on such systems and processes. The Incorporation into the BCPP of technical support for the BPS’ operational systems, such as in-service training, (which could be done locally through a train the trainer scheme supported by NZPOL), and specialist skills training, such as investigations, is warranted. The Project could also support advocacy to raise awareness and encourage ABG and local level partners on aid effectiveness principles and donor harmonisation. This could be included in the proposed Development Advisor’s terms of reference. Further, supporting ABG and GoPNG leadership on harmonisation of efforts by the BCPP and the PALJP, at both GoPNG national and ABG levels, would further maximise the Project’s impact. This could take the form of more regular joint BCPP-PALJP feedback to GoPNG national and ABG representatives on contributions to the law and justice sector in Bougainville. This would meet principles set out in the 15 February, 2008 Kavieng Declaration including harmonisation and simplification of development partner working arrangements and maximise mutual accountability in a harmonised manner.

3.11 Increased alignment with ABG law and justice priorities possible through BPS-led working group

49. The BCPP appears to be well aligned to the ABG law and justice priorities applicable to it. The key challenge going forward will be to ensure that the BCPP supports BPS priorities for community policing set out in the BPS’ Mid-Term Development Strategy, and that the project retains sufficient flexibility to allow it to respond to emerging ABG strategies and priorities for law and justice. Sustaining a focus on the CAP activity will inhibit the Project from more actively and flexibly supporting the BPS to develop as an organisation, which is in turn capable of sustaining the CAP activity. The BCPP needs to remain actively involved in supporting BPS planning processes, in line with ABG administrative requirements, and ensure that the Project is appropriately pitched to respond to these priorities. Supporting increased understanding of, and links to, some other key ABG and GoPNG reform programs, is warranted. In particular, clarifying the opportunities and links to the GoPNG LJS mechanisms, such as the NCM would be useful. An increased understanding of these links would help the BPS and its partners to more effectively leverage resources available through those GoPNG-national mechanisms, and the donor partners that support them, such as PALJP. To date, allocations through the Governance Implementation Fund (GIF) have not contemplated the BPS, and given the broad scope of the GIF’s terms of reference there may be opportunity to so do. Coordinated support from both the BCPP and PALJP to the BPS to explore this opportunity is required, and needs to be taken up as part of the improved coordination suggested.

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3.12 CAPs and civil society

50. CAPs appear to be well positioned between communities and the BPS as service-brokers. Community level authorities/local level government welcome the contribution that CAPs make to security, as CAPs are seen as an extension of police authority at local level – the power to detain is seen as an extra tool available to Chiefs and the COE that other law and justice agency representatives, such as peace officers do not have. Given the CAPs role, the proposed additional Component for the BCPP is intended to piggyback on the presence of the CAPs (through their reporting and training duties) to act as an additional development corridor to communities. As representatives of ABG authority, with some knowledge of the law and government policy, CAPs are well positioned to play a constructive role, particularly in terms of awareness-raising/training on key issues, i.e. gender, HIV/AIDS, and other social development activities, and ensuring that services which impact on law and order and security are provided in communities. Conversely, with intimate knowledge of the needs of their communities, CAPs have access to ABG authority and can shine a light on priority law and order issues, including the social aspects of these issues. There are also opportunities for CAPs to work closely with civil society organisations, facilitating community meetings on law and order, and supporting communities to develop strategies, plans and explore ways for civil society to assist in meeting stated community needs, such as victims support services and counselling. An incentivised financial approach (funded through the proposed Component 3-Enhancing Community Planning for Law and Order) could be developed to ensure that the CAPs are not overburdened and that they are able to support such additional activities. Targeted training of CAPS and training provided to communities, could also be delivered by civil society. Training on particular needs of women, and juveniles, for example would be useful, particularly for CAPs. Here there is also the possibility of a link with the focussing themes, which are proposed to be jointly developed with BPS and civil society during a mini-redesign phase.

3.13 Gender

51. The BCPP staffing establishment runs at a ratio of female to male of 42%:58%. There are 57 female CAPS (North (16) Central (16) South (25)) of a total of 335 CAPs, a ratio of 17%:83%. The BPS ratio is unclear, but is likely to be in the vicinity of 10%:90%, excluding CAPs. Gender mainstreaming strategies and efforts are alive in the CAP activity, but less well recognised as a priority by the BPS. Community consultations revealed a high level of demand for female CAPs and for policing services addressing women’s needs. Interviewees lamented the poor response from BPS on issues affecting women generally, and CAPs were particularly frustrated by the absence of a victims’ support unit at the BPS or highly skilled victims support services. Significant work could be supported through the Project to develop such competencies within the BPS at least in Buka and Arawa. The proposed Component 3 of the mini-redesign of the BCPP could contemplate supporting establishment of mobile mixed gender CAP teams, which could serve a larger physical area, increasing access to policing services for women. Male CAPs largely appeared alive to the differing policing needs of men and women in their communities, and would, where female CAPs were available, refer women seeking their assistance to female CAPs. Gender-based violence, particularly in the context of a post-conflict society, is not uncommon, and the Project is well positioned to support the BPS to respond to this significant challenge. A consideration of the role and needs of female CAPs is set out in Annex 9. 52. In Communities where CAPS are operational, women's groups, and associations, including NGOs, CSOs and CBOs work with the people to organise and facilitate conflict resolution processes that result in peace and reconciliation taking place. At the beginning of the process CAPS are involved to ensure law and order is maintained; CAPs also play a role in providing information on law during the process. CAPs then follow the process through to the end when the reconciliation event takes place. Conflict resolution takes place within families, communities, district and regional levels. Female CAPS have a sense of belonging to the community and this attachment draws within them the understanding

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of women's issues of concern at the community level. Female CAPs respond positively and participate with CSOs and other women’s groups to do awareness raising to resolve and minimise the identified issues of concern. 53. Most of our Interviewees in this case, specifically community members and justice agency officials indicated that there is a noticeable change in the law and order following deployment of the CAPS. In Bougainville Context Women are the "mothers" of the Land. It is a matrileneal society where women are well respected and this factors into reports of the good working relationships between male and female CAPs. Accordingly, it appears that more women access welfare services through both male and female CAPS.

54. Community Leaders and Village Court officials expressed appreciation and demand for female CAPS, despite being somewhat unclear about the specific terms of reference of CAPs. There would be merit in the BPS more clearly articulating a proactive recruitment strategy targeting Bougainvillean women, taking into account lessons learned from the female CAPs recruitment activity. It would be useful were the terms of reference for female BPS members to take into account the particular role that women BPS officers play with respect to female members of the community. Communication of the role of CAPs, particularly female CAPs, and of any female BPS to be recruited, to COEs is also necessary. Such a proactive female recruitment strategy for the BPS needs to also include specific training for female recruits, as well as mapping out opportunities for communication and networking between female BPS, female CAPs and CSO, FBOs, and NGOs.

3.14 ABG Police Powers require clarification

55. There appears to be some confusion about the status of the drawdown of police powers by the ABG. The powers and functions of the RPNGC were transferred to the ABG’s predecessor, the BIPG in 2003. This was achieved by three main steps: First, the delegation of the RPNGC Commissioner of most of his powers to the then Provincial Police Commander. Second, the promotion of the then Provincial Police Commander to the rank of Assistant Commissioner, so that he had wider powers than a Provincial Police Commander, and third, the delegation to the Bougainville Interim Provincial Government of the powers of the GoPNG National Executive Council (NEC) to direct and control the RPNGC Assistant Commissioner, and through him, other members of the RPNGC in Bougainville. In practice this means that the BPS is answerable to the ABG under the Bougainville Peace Agreement (BPA) and the Organic Law. Clause 210 of the BPA provides that the BPS will be subject only to the control of the ABG through a Minister (or equivalent) of that Government. Section 26(2) of the Organic Law on Peace-building in Bougainville requires the national government of PNG to make delegations of administrative and operational powers and functions so that the Bougainville Police Commander is responsible through a Minister to the ABG. 56. The RPNGC however appears to maintain that the BPS is part of the RPNGC, which is answerable to the GoPNG. The BPA appears to provide for both the RPNGC and for the BPS to have jurisdiction over the physical area of Bougainville, albeit in respect of crimes falling in different legal jurisdictions although over the same physical area. 16 It is unclear whether this transfer has been gazetted in both the GoPNG National Gazette and the ABG Gazette.

57. The BPS Commander is answerable to the ABG and not to GoPNG nor to the RPNGC Commissioner, except in relation to administrative matters relating to the structures, pay and conditions and similar matters. Operational policing and policy matters are matters for the ABG and not GoPNG. 16 Similar arrangements apply in the United States for example, in respect of legal jurisdictions of the Federal Bureau of Investigations and state police organisations, which operate over the same physical area, with different legal jurisdictions.

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The BPA provides for establishment of a BPS training, rank, structure, terms and conditions of employment and for cooperative arrangements with the RPNGC, and funding. The ABG has specific mandate to decide on the name of the police service, the head of the BPS, the method of appointment of the head of the BPS, decisions on broad approach to policing, matters relating to chain of command and relations between ABG and BPS in approaches to policing.17

58. Given the current resources of the ABG, cooperative arrangements between the BPS and RPNGC appear to remain current and necessary, particularly with respect to sourcing mid-senior level officers within the BPS. The Project needs to become increasingly alive to this political dynamic, ensuring that both GoPNG and ABG stakeholders are regularly briefed on the Project’s efforts to support the BPS.

3.15 Donor harmonisation

59. More proactive support to donor harmonisation with respect to the BPS could be delivered through the Project, and the exploration with BPS of options to more meaningfully structure project management around ABG and BPS’ management processes is required. While much informal exchange of information takes place, this appears to be largely dependent upon personalities and is likely to be not transparent to the ABG and the BPS. A more structured management approach would provide an opportunity for increased donor harmonisation, particularly between AusAID and NZAID, and minimise the impact of personnel turnover on Project momentum. The BCPP might usefully provide secretariat services for such meetings at the outset, supporting the creation of a record of discussions and decisions. The spirit of the tripartite arrangement between ABG, GoNZ and GoA described in the 2003 ABG policy document Law and Justice for Bougainville needs to be revisited, permitting an increased GoNZ contribution to ABG-donor dialogue on law and justice. Recruitment of a Development Advisor would also help raise GoNZ’s contribution, through advocacy and encouraging greater local leadership (ABG and BPS) in donor coordination and harmonisation. This would further help the Project to accord with the spirit of the Kavieng Declaration, through improved harmonisation of donor efforts to meet PNG’s stated development priorities. Alignment of BCPP management processes with the Bougainville Combined Policing Working Group in Bougainville is a concrete and practical way for the Project to increase donor harmonisation, particularly with PALJP.

3.16 Operating environment and risk

60. The Bougainville context continues to militate in favour of a unique and flexible response from the BCPP in support of the ABG’s community policing approach. The cultural and physical environments, including communication and transport challenges, will continue to shape the support delivered to the BPS for some time. While a shift in focus to enhancing the BPS’ capacity lends itself to increased support to logistics, the current approach of the ABG to maintain its responsibility for BPS logistics appears a wise one. The BCPP can assist not through direct provision of logistics support, but by ensuring that ABG/BPS planning processes sufficiently contemplate the logistics needs of the BPS. Maintenance and recurrent costs of logistics and infrastructure are common obstacles to institutional strengthening. The BPS would do well to maintain a ‘light touch’ to logistics and infrastructure. Communication appears to be a key need, particularly linking communities to the BPS, and if the BPS can be the vehicle to establish those communication facilities, in accordance with its operational priorities and budget, then this bodes well for the sustainability of community policing in Bougainville.

17 'Report of the Bougainville Constitutional Commission', (report on the third and final draft of the Bougainville Constitution, prepared by the Bougainville Constitutional Commission), Arawa and Buka, Bougainville, 2004. Bougainville Government Services, extract, pp230-234.

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61. Although some time off, the upcoming independence referendum presents particular challenges for the BPS. Maintaining law and order throughout an election cycle requires targeted approaches. Ensuring the BPS has the capacity to respond to law and order issues during campaigning, polling, and after the announcement of results will emerge in time, as a priority support area. The BCPP needs to proactively address these issues. 62. A key risk for the Project and its impact remains the weak BPS leadership. The ACP’s extended absence from Bougainville has serious implications for the BPS. A core underpinning element of the hard work of the ABG risks becoming undone unless this issue is confronted and a solution found. It is untenable for the ACP to remain outside Bougainville for extended periods, in what seems to be an abandonment of his post. Appropriate steps need to be taken by the relevant authorities to address this circumstance as soon as practicable. In the continued absence of this leadership, it is difficult to see how assistance delivered through the BCPP to the BPS can achieve full traction and maximum impact. During the review mission to Bougainville and in discussions in Port Moresby, reference was made to the appointment of a nominee for the position of ACP in Bougainville, expected early 2010. The BCPP needs to ensure that it is appropriately positioned to respond swiftly to any BPS leadership change. Indications are that the BCPP’s current management has the capacity to quickly develop a sound and positive working relationship with an incoming ACP, were the ABG to appoint a new ACP. Consideration could also be given to co-location of the BCPP Team Leader and the ACP, to maximise BCPP support to BPS leadership efforts.

3.17 Priority Actions

63. A list of priority actions is set out below which requires the BCPP’s attention, pending decisions about the next iteration of the Project.

• A round of consultations at the GoNZ, GoPNG, ABG, GoA level to communicate results of the BCPP Review Report. In particular, the ABG President, Police Minister, and the RPNGC Commissioner need to be included as key stakeholders in the BCPP going forward. These stakeholders need to be kept in the loop on BCPP developments throughout the Project’s duration.

• Renegotiation of the Financial Schedule (Annex 5) between ABG and GoNZ, taking into account full costs of supporting the CAP activity. This could be done under the auspices of the round of consultations mentioned above.

• Support re-enlivening of the Bougainville Combined Policing Working Group at BPS-HQ level in

Buka, as a coordination mechanism under which the BCPP can be managed. A neat way to do this might be through a seminar in Buka on ‘Challenges Facing Policing in Bougainville’, including invited guests from RPNGC, CSOs, APP, etc.

• Support for BPS to develop a communications strategy across the ABG, particularly at

Regional and Local Government levels, for community policing approaches and initiatives, including the CAP activity.

• Support for the ABG to more clearly articulate a community policing approach for the BPS.

This may be highly contingent on the change in leadership of the BPS, and would require policy inputs from NZPOL and from PALJP Advisors. The seminar suggested above may also help a clearer vision to emerge. PALJP Advisors could also play an active role in supporting the BPS and ABG justice agencies to articulate this.

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• A joint mini-redesign of the BCPP, including ABG/BPS, GoPNG/RPNGC, GoA/PALJP and

CSOs. This process should put the BPS clearly in the driver’s seat for future BCPP direction and needs to be conducted by end of February, 2010.

• Joint BPS-BCPP development of a MEF that is simple, sensible, and which makes reporting on

the BCPP logical and of use to the BPS and the ABG.

• Joint BPS-ABG identification of a roster of VPF members who could contribute to the BCPP. This would require revisiting the TOR for the CAP Advisor positions to ensure minimum requirements for these positions are included (driver’s licence and computer literacy), and conducting a recruitment round in consultation with the VPF in Port Villa, Vanuatu.

• Joint BPS-BCPP development of TOR for a NZAID Development Advisor and recruitment to that post as a matter of priority. Broad consultation, including with PALJP will also be necessary.

4. CONCLUSION 64. The BCPP has progressed well in difficult and fluid circumstances in Bougainville. The Project is rare in that it enjoys strong support from both the host government (the ABG) and from the communities in which it works, and given its potential impact, with a modest budget it represents good value for money. The Project’s high visibility through the presence of skilled and experienced NZPOL community policing officers as BCPP staff – a presence appears to be welcomed by local communities - lends an air of stability to Bougainville and to the BPS. While the Project’s departure horizon appears distant – some 6 to 10 years - the Project needs to now pivot, harnessing the solid grassroots policing expertise and relationships developed through the CAP activity, and broaden the focus of its support to include development of the BPS executive and corporate management, and of specialist and operational policing. This support will be critical for the BPS to emerge as a viable policing agency, particularly given the focus of support anticipated from donor partners. In particular, as it seems unlikely that the APP’s future program will devote significant support to the BPS, the Project is well positioned to make this shift. It is important to remember that the peace process is ongoing at community level and the social impact of the Bougainville conflict continues to be felt, often in terms of law and order. The Bougainvillean spirit of self-determination remains strong, and upcoming Project activities will need to ensure that the hard work already completed by Bougainvilleans in partnership with the Project actually gels, and that the BPS emerges as a strong and sustainable agency, capable of working with communities to deliver policing services that accord with Bougainvillean needs and aspirations.

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Annex 1: Bougainville Community Policing Project (Phase 4) Review Terms of Reference Background “In 1997 peace was declared in the Bougainville conflict. A key element of the post-conflict reconstruction process has been the restoration of law and order to facilitate peace, security, protection of human rights, freedom of movement, access to services and social and economic development.” In the immediate post-crisis environment of the late 1990s, law and order was maintained on most of mainland Bougainville by a broad mix of community stakeholders and ex-factional groups. The presence of a large international Peace Monitoring Group, including NZ Armed Service personnel, also provided security. Many incidents involved trauma, homebrew and weapons. The few remaining police were mainly located at Buka. In this context, restoration of civil authority was a priority and in April 1998 Bougainvillean stakeholders requested training for a new breed of community police to operate within their own communities, and under a Bougainvillean identity. This was the beginning of NZ assistance to community policing in Bougainville and the beginnings of the current Bougainville CAP programme. Since 1998, the New Zealand Government has assisted with the development of Community Auxiliary Police (CAP) on Bougainville. This assistance has been delivered through the Bougainville Community Policing Project (BCPP), managed and funded by the New Zealand Agency for International Development (NZAID). NZ Police (NZP) has implemented all phases of the project, under a Memorandum of Understanding with NZAID. The BCPP intervention rationale is that increased security of people and their property will decrease their vulnerability to poverty and improve economic activity, increasing the trade of goods and services. There are 2 major, linked risks; a breakdown in the on-going peace building and increased criminality by young people with access to weapons. Bougainville Policy & Policing Setting Bougainville is an autonomous region within the independent state of Papua New Guinea. The Bougainville Constitution, passed in 2005, created the Bougainville Police Service (BPS), which has a degree of autonomy from the state policing authority, the Royal Papua New Guinea Constabulary (RPNGC). Community policing has been identified by the Bougainville Interim Provincial Government (Law and Justice for Bougainville, June 2003, p.5) as the “foundation” for “a new Bougainville concept of policing” and thus the guiding philosophy for BPS. The Bougainvillean Government identifies the role of community police to be to “deal with problems in their communities in consultation with chiefs and other traditional leaders. They should only be involving the [regular] police in relation to serious criminal matters and matters that cannot be resolved through either chiefs or village courts”. It is also recognised that there is a need for “a major reorientation of the roles of [regular] police to work more closely in supporting and supervising the work of [community police]”. These policing directions are compatible with the PNG National Law and Justice Policy (2000) which has a focus on restorative justice and community policing. In Bougainville, Community Auxiliary Police (CAPs) have been drawn from, and selected by, the community in which they serve and generally do not have a previous policing background. They serve on an ‘as-required’ basis and currently receive a modest monthly allowance.

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The CAP system, operating at a local government level (Council of Elders) and as a bridge between communities and the Autonomous Bougainville Government (ABG), is highly compatible with these policy directions – as one would expect given that establishment of the CAP system was an autochthonous request, borne of the crisis experience. Accordingly, “Support for Community Auxiliary Police” is a specific policy within the ABG 2006-2010 Strategic Action Plan. BCPP Phase 4 The 2006 BCPP Phase 3 Review found that CAP is established and operational in most parts of mainland Bougainville. The Review recommended that the project needs to shift focus to strengthening the community policing system under which CAP operate, including by providing broader support to the BPS. The Review found that broader support to the BPS could be delivered through addition of a new Component to the BCPP. The Review also recommended that the project focus more on sustainability issues. The Goal of BCPP Phase 4, starting on 1st May 2007 and running for 3 years, is a Bougainville Police Service which operates as an effective community policing agency and that integrates and supports a strong and sustainable CAP programme. The proposed components for BCPP Phase 4, detailed in the Project Description, are: Component 1: Project Management Component 2: CAP Component 3: Operational Policing Phase 4 started on 1 May 2007 and planned to run for 3 years. There is an expectation that BCPP personnel will gradually divest themselves from direct involvement in CAP support activities as local capacities expand. As this occurs, BCPP resources can be redirected into the new BCPP Component 3 covering operational policing support, as required. While the Project Design Document (PDD) does not define the purpose or objectives of Phase 5, it is mentioned and therefore sets out an expectation that NZAID will continue support for community policing into “a final phase.” It could be assumed that this was an extension of Component 3: Operational Policing. “While noting ABG’s very real budgetary constraints, it is considered reasonable to aim for a CAP programme that is fully sustained by ABG, with GoPNG support, at the expiry of Phase 5.” Rationale of the Review The focus of Phase 4 is to strengthen the community policing system and provide broader support to the Bougainville Police Service (BPS) which will enhance the Community Auxiliary Police (CAPS) and the regular police. It is an opportune and critical time for a Review:

• a mid-term review is planned in the PDD • BCPP is into the last year of the current phase and NZAID and stakeholders need to plan

the design of Phase 5 • there has been a significant number of activities implemented and their outcomes need to

be determined • a Monitoring & Evaluation Plan and Sustainability Plan have been prepared and need to be

reviewed • there are major institutional, management and financial challenges in devolving BCPP into

the BPS

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• the Development Specialist, contracted to BCPP by NZAID, has recently terminated her contract.

Recommendations and outcomes from the Review will be feedback to the key stakeholders, first through a validation session at the end of the review activities and then through follow up meetings between NZAID and key stakeholders to plan the implementation of the recommendations. This process will ensure accountability and ownership, learning and improvement in project design. Review Scope The Review scope will focus on the BCPP Phase 4 activities as set out in the Project Design Document and other subsequent project documents, assessing relevance, effectiveness, efficiency, and sustainability. The Review will also address value for money and possible savings through different design, methodology and resource allocation. Review Objectives Goal The Review goal is to reinforce and/or revise current Bougainville Community Policing Project objectives, plans, budget and time frame to ensure a Bougainville Police Service which operates as an effective community policing agency and that integrates and supports a strong and sustainable CAP programme. Objectives NZAID conducted a participatory consultation on the Terms of Reference for the Review. Specific questions raised during the consultation are added for information as Appendix 1. The Review objectives are as follows.

1. Assess progress and outcomes of the project against the objectives set out in the Project Design Document, including the effectiveness of the M & E plan.

2. Identify the progress, strategy, opportunity, sustainability and risks associated with the transition of CAPs to the BPS including the institutional and organisational arrangements and functions, resources and budget.

3. Review the appropriateness of the current project objectives, design and time frame to achieve the Phase 4 Goal and the move to Phase 5.18

Outcomes There will be 3 key outcomes from the review:

1. A review of the appropriateness of the current BCPP Phase 4 objectives, design and time frame:

2. Recommendations to reinforce and/or revise current objectives, plans, timeframe and the Sustainability Plan and Monitoring and Review Framework to achieve the BCPP Project Goal.

3. Recommendations of potential Phase 5 objectives. Review Questions Questions that arose from the participatory consultation on the TOR included:

18 The Goal of BCPP Phase 4 is a Bougainville Police Service which operates as an effective community policing agency and that integrates and supports a strong and sustainable CAP programme.

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• How does Community Policing fit within BPS structures and operations? • What are the major threats to the sustainability of CAPS? • What BPS capacities (governance, management, skills, resources) are required to

effectively transition CAPS to the BPS? • What non-financial incentives or resources could be deployed to improve the sustainability

and effectiveness of the CAPs? • How is the BCPP relevant to the wider Law and Justice Sector in Bougainville? • How realistic and affordable is it that ABG will have the resources and capacity to

sustainably support CAPS? • Under what circumstances would RPNGC commit to supporting community policing in

Bougainville given they no longer support it in other parts of PNG? What other resourcing is community policing likely to get from GoPNG?

• Is the BCPP Monitoring & Evaluation Plan effective at measuring project outcomes and associated impact?

• What is the role of Councils of Elders in respect to BPS and the managing and funding of the CAPs?

• What impact does community policing have on women at community level? • Does the objectives of the BCPP fit with the wider Bougainville Law & Justice sector

objectives? Other questions will be agreed in discussion with the consultant leading the Review and also by the Reference Group before and during the course of the Review. Methodology and Tasks NZAID would expect the consultant leading the Review to design a Review Plan using participatory methodologies and other techniques. The Review Plan will be circulated by NZAID to available representatives of the Reference Group and NZAID for approval. Some activities would include:

• interviews and/or meetings with representatives of all key stakeholders: NZAID, NZ Police, Bougainville Police Service, the Royal Papua New Guinea Constabulary, Government of Papua New Guinea (National Commission of Bougainville Affairs) and the Autonomous Bougainville Government

• field visits to communities where CAPs are operational; interviews and/or group discussions with primary stakeholders including Council of Elders, community representatives, women’s leaders and civil society organisations

• interviews and meetings with secondary stakeholders including donors active in the Law and Justice Sector

• document review and analysis − BCPP’s design documents, M & E framework and Sustainability Plan documents and

reports − Bougainville L & J sector documents − ABG and BPS Strategic Plans, relevant policy and policing documents,

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− RPNGC policies including 2004 Police Review • Integrating gender analysis throughout of the review • validation meeting where draft recommendations or briefing is feedback to key stakeholders • production of a Review report that would include recommendations on project objectives and

activities going forward. Review Governance and Management Review Reference Group A Reference Group will be established in Bougainville to provide guidance, context analysis and support during the review and the subsequent recommendations. Ideally the Reference Group should draw on the relevant members of the Bougainville Law and Justice Sector Working Group as well as representatives of key stakeholders:

− Bougainville Police Service − Autonomous Bougainville Government − civil society − women’s groups or leaders − Council of Elders − NCOBA − NZ Police − a member of the Law and Justice Committee

Independent Lead Reviewer The Lead Evaluator will have to demonstrate with the following knowledge, experience and skills:

− Law and Justice sector − policing, preferably community policing approaches − the project cycle including design − peace and security issues, preferably in post-conflict situations − participatory approaches to monitoring and reviewing − institutional strengthening and capacity development of government − gender analysis and gender mainstreaming − Melanesia, preferably Papua New Guinea

NZAID envisages that a Community Liaison Advisor will also be contracted to provide additional experiences and skills including:

− written and oral fluency in Tok Pidgin − an understanding of the historical, cultural and political context of Bougainville, including

the post-conflict environment − participatory approaches to monitoring and review

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− gender relations and women’s security issues in Bougainville − local level structures and agencies including LLGs, civil society (including faith based

organisations), Council of Elders The Lead Evaluator will report directly to NZAID’s Development Programme Manager in the first instance. Key Sources of Information The participatory consultation on the TOR identified the following agencies and/or individuals to be interviewed. This list is not exhaustive: ABG Coordinator, Aid and Special Projects Acting Chief Administrator Treasurer RPNGC Police Commissioner Baki, Port Moresby NCOBA CAPs NCOs, men and women CAPs BPS 3 Regional Commanders NZ Police BCPP – Team Leader and NZ Police Advisors L & J Sector L & J Committee AusAID Technical Advisors Community: A sample of Council of Elders Civil Society Organisations Religious leaders and FBOs Village Court and Magisterial Services Review Outputs The TOR will be finalised in discussion with the Reviewer and after consultation with stakeholders and the Reference Group. Subsequently the days allocated for each task are indicative only and do not include travel. Date Event Milestone Responsible Consultant

Days 15 September

Consultant: start of contract

NZAID/ Consultant

16 September

Documents read Consultant 2 days

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20 September

CLA: contract signed NZAID send to Reference Group19

NZAID/CLA

21 September

Reference Group agreed NZAID (Post)/ Reference Group

25 September

Pre-assignment Briefing Briefing completed NZAID 1 day

1 October Review Plan development Review Plan sent to NZAID

Consultant NZAID

1 day

10 October Review Plan discussed by Reference Group

Review Plan or questions and discussion points identified

Reference Group/NZAID (Post)

13 -28 October

Reference Group assembled Review field work undertaken One check-in point agreed with Reference Group Validation session

Interviews, analysis completed Check-in meet with Reference Group Summary recommendations/ briefing produced and presented to Reference Group

Reference Group/NZAID/ Consultant

14 days

2 November

Draft report produced and submitted

Draft report submitted to NZAID NZAID sends to Reference Group for feedback

Consultant NZAID

2 days

14 November

Feedback from Reference Group and NZAID sent to Evaluator

NZAID

17 November

Draft report incorporates feedback from Reference Group

Draft report with stakeholder feedback submitted to NZAID

1 day

20 November

End date of contract

Key Project Documents BCPP Phase 4: Project Design Document NZAID: PNG Country Programme Strategy (2008 – 2017)

19 Ideally meetings with the Reference Group should be coordinated with, or supplementary to the sitting of the Law and Justice Sector Group.

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BCPP Work Plan and Budget M & E framework and Sustainability Plan NZAID – NZ Police MOU Phase 4 BCPP Mid Term Review (July 2007) Other relevant documents from NZAID, Bougainville Police Service, ABG, RPNGC and GoPNG (NCOBA) will also be made available before or during the review. Key documents include: Draft chapter on Law & Justice for the Medium Term Development Strategy 5 year Strategic Plan for BPS + associated Action Plans Review of Community Policing in Bougainville (2004) AusAID L & J strategy The Bougainville Peace Agreement Mike Sansom DPM – PNG 21st August 2009

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ANNEX 2: List of people consulted BCPP key: JM – James McGovern; MT – Monica Taga. Mr. Murray Lewis provided logistics support to the BCPP Review Team on a community consultation visit to Arawa; Mr. Steve Kose provided logistics support to a community consultation visit to Inus Yuten. Various members of the BCPP team attended selected meetings throughout the BCPP Review mission, at the request of the independent review team. Mr. Pati Gagau attended the Reference Group meeting in Buka on Monday, 16 November, 2009.

Date and location People consulted Review Team

Members Monday, 12 October, 2009 Wellington Mr. Mike Sansom, NZAID Development Program Manager – Papua

New Guinea, Wellington Ms. Sarndra Hamilton, Team Leader, Pacific Division, NZAID, Wellington

JM

Tuesday, 13 October, 2009 Wellington Inspector Mr. Roly Williams, NZPPOL, Wellington

Ms. Jacquelyn Goodwin, Manager: International Strategy & Policy, International Service Group, NZPOL, Wellington

JM

Sunday, 1 November, 2009 Sydney Travel from Sydney to Port Moresby JM Monday 2 November, 2009 Port Moresby Travel from Port Moresby to Buka JM Kiwi House, Buka Meet with BCPP Team Members:

Superintendent Mr. Murray Lewis, Team Leader, BCPP Inspector Ms. Karley Western Inspector Ms. Jennifer Walsal Inspector Mr. Romelo Preira

JM, MT

Tuesday 3 November, 2009 Kiwi House, Buka

Meet with BCPP Reference Group: Mr. Ellison Towalou, A/Director NCOBA, Mr. Puara Kamariki, A/Deputy Administrator (Operations), Mr. Ephiraim Eminoni, Special Projects Officer (Boug Admin), Ms. Celestine Tomi, BICWF Program Supervisor, Ms. Lesley Young Leitana Nehan Womens Developoment Agency Ms. Helen Hakena, Leitana Nehan Women’s Development Agency Ms. Jacquelyn Goodwin, Manager: International Strategy & Policy, International Service Group, NZPOL, Wellington, NZ Ms. Edwina Betts, AusAID SNS, Buka Acting Assistant Commissioner of Police Bougainville, Regional Commander Central Chief Inspector Mr. Nitona Tahua

JM, MT

ABG Parliament House, Buka H.E. Mr. Ezekeil Massatt, AGB Vice President & Minister of Police JM Wednesday 4 November, 2009 AGB Parliament House, Buka H.E. Mr. James Tanis, President, AGB JM, MT Community Policing Office, BPS, Buka

Mr. Gordon Magoga, First Const., Community Policing Commander JM, MT

ACP’s Office, Buka Acting Assistant Commissioner of Police Bougainville, Regional Commander Central Chief Inspector Mr. Nitona Tahua Southern Regional Commander, BPS, Chief Inspector Mr. Paul Kamuai

JM, MT

Thursday 5 November, 2009 ABG Administration Offices Acting Chief Administrator, ABG, Mr. Paura Kamariki JM, MT Kiwi House, Buka Telephone Conversation with NZ High Commissioner Mr. Niels

Holmes JM

Kiwi House, Buka Ms. Raewyn Tretheway - PALJP DP Regional and District Coordination AROB

JM, MT

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Kiwi House, Buka Mr. Nick Unsworth, Finance Advisor, PALJP JM, MT Friday 6 November, 2009 Buka Sister Lorraine, Nazareth Rehabilitation Centre, Chabai JM, MT Buka Mr. Damien Kokorus, CAP Trainer

Mr. Cosmas Saine, CAP Trainer JM, MT

Saturday, 7 November, 2009 Buka Report writing Monday, 9 November, 2009 Buka Travel to Arawa JM, MT Regional Commissioner’s Office, Arawa

Mr. James Kaibo, MBE, Regional Commissioner Central JM, MT

North Nasioi Council of Elders’ Office, Arawa

Mr. Lynus Dake, Acting Chairman COE North Nasioi Mr. Jo Neeamko, Village Magistrate, North Nasioi Mr. Jo Bunnara, Lands Mediation Clerk, and sometimes Village Magistrate

JM, MT

Kieta District Administration Office, Arawa

Ms. Lucy Travertz, District Executive Officer; Kieta District Mr. Joachim Miriama, Community Development Officer, Kieta District Mr. Thomas Mararua, LLG Officer, Kieta District

JM, MT

Superintendent Mr. Murray Lewis, Team Leader, BCPP

Tuesday, 10 November, 2009 Wakunai Community Consultations, Inus, Central Region

Mr. Titus Haro, Village Court Clerk; Mr. James Bine, Vice Chairman Taonita Village Court; Mr. Isaac Rabin, Chairman Kosina Mohina Village Court; Mr. James Low, Magistrate, Kotoita Village Court, Mr. Joshua Reresiere, Chairman Rau Village Court; Mr. Melvin Utep, Rau Village Court Magistrate; Mr. Phillip Pia, Rau Village Court Magistrate; Mr. Thomas Amos, Taonita COE member; Mr. Micah Somi, Rao COE Member; Mr. Samuel Kirana, Rau COE Member; Mr. Jo Kipau, Kotoita COE Member; Mr. Wesley Pani, Peace Officer, Rau Village Court; Mr. David Resire, Chairman Rau Sports Youth; Mr. Alfred Pais, CAP Mr. Alfred Makis, Peace Officer Mr. Peter Louis Pecker, BPS Reservist; Ms. Lynn Havo, Women Leader for Waropa Community; Ms. Lynneth Joel, Women Leader for Waropa Community;

JM, MT

Arawa Dinner with BCPP Arawa Team: Inspector Mr. Steve Kose, Arawa Team Leader & Mentor to Regional Commanders Southern and Central, Arawa Inspector Ms. Sue Johnston, CAP Advisor, Arawa Inspector Mr. Stu Rowe, CAP Advisor, Arawa Superintendent Mr. Murray Lewis, Team Leader, BCPP

Wednesday, 11 November, 2009 Arawa Central Market, Arawa Community Consultations:

Mr. Martin Koko, Village Court Magistrate and Land Mediator, Amiang; Mr. Daniel Dewe, Village Court Chairman, Tasipo Village; Mr. Anthony Anung, Land Mediator and COE member, North Nasioi; Mr. Jonas Nevirui, VCC Vice-Chairman, Tasipo Village; Mr. Biary Tabekau, Land Chief, Pavaire Village; Ms. Joanne Dataransi, President Bougainville Indigenous Women’s

JM, MT

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Landowner Association; Ms. Lynneth Ona, Vice-President Bougainville Indigenous Women’s Landowner Association; Ms. Mary Naikang, Midwife, Boma Community; Ms. Felomena Kaona, Women and Youth Coordinator for Boma Community; Mr. Xavier Mankong, Village Leader, Takoo Village; Ms. Lucy Aria, Women’s President, Kairo Village; Ms. Evelyn Banas, Regional Coordinator for Central Women’s Federation (Umbrella organisation).

Thursday,12 November, 2009 Arawa Travel from Arawa to Buka JM Friday, 13 November, 2009 Kiwi House Superintendent Mr. Murray Lewis, BCPP Team Leader JM, MT Kiwi House Mr. Leo Basi, CAP NCO, Kunua,

Mr. Murin Ramei, CAP NCO, Hagogohe JM, MT

Law and Justice Division Office, Buka

Mr. Chris Siriosi, CEO Law and Justice Division, ABG JM, MT

Kiwi House, Buka Ms. Edwina Betts - Development Specialist, AusAID Ms. Roslyne Kenneth - Acting Senior Programme Officer, AusAID

JM

Monday, 16 November, 2009 Kiwi House, Buka Meet with Reference Group:

Mr. Paul Kamuai, BPS Regional Commander, South Ms. Celestine Tomi, BICWF Program Coordinator Ms. Raewyn Tretheway, PALJP DP Regional and District Coordination AROB Mr. Pati Gagau, First Secretary/NZAID Manager

JM, MT

Kiwi House, Buka Ms. Anna Sapur, Village Court Chairperson, Haku 1 Village Court, Hanpan

JM, MT

Kiwi House, Buka Ms. Grace Levi, CAP, Hanpan Ms. Selina Litau, CAP, Lemankoa

JM, MT

Kiwi House, Buka Mr. Nick Leach, PALJP Logistics Advisor JM, MT Tuesday, 17 November, 2009 Buka Travel to Port Moresby (am) JM Port Moresby Meeting with RPNGC Assistant Commissioner of Police (Public

Safety Division), Mr. Jim Andrews JM

Wednesday, 18 November, 2009 PALJP Office, Port Moresby Mr. John Dinsdale, AusAID Law and Justice Advisor, Port Moresby

Mr. Kevin Raue, Team Leader, PALJP Ms. Helen Disney, Deputy Team Leader, PALJP Mr. Pat Palmer, Pat Palmer – PALJP DP RPNGC Frontline Policing Ms. Kate Saxton, Development Practitioner, Regional and District Coordination, PALJP, (Buka-based)

JM

RPNGC HQ, Port Moresby Mr. Will Jamieson, Team Leader, APP Mr. Chris Cooper, APP Mr. Peter Pascoe, PALJP DP RPNGC Strategy and Coordination Mr. Brad Eaton, APP Mr. James Stokes, APP

JM

NZ High Commission, Port Moresby

Ms. Tessa Te Mata, Development Counsellor, NZAID Mr. Pati Gagau, First Secretary/NZAID Manager Mr. Robert, Turare, Development Program Coordinator, NZAID

JM

Thursday, 19 November, 2009 Port Moresby Travel to Sydney JM Friday, 20 November, 2009 Sydney Telephone conversation with Mr. Jason Cresswell of the AFP’s

International Deployment Group JM

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Monday, 23 November, 2009 Sydney Telephone conversation with Mr. Mike Sansom, NZAID JM Tuesday, 24 November, 2009 Sydney Telephone conversation with Dr. Tony Murney, Planning and

Development, AFP International Deployment Group JM

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ANNEX 3: Aide Memoire Aide Memoire

Bougainville Community Policing Project (Phase 4) Review 16 November 2009

1. Disclaimer and acknowledgement The findings in this Aide Memoire are those of the BCPP Review Team (the Review Team) only and do not necessarily reflect the views of the Government of New Zealand (GoNZ), the Autonomous Bougainville Government (ABG), the Government of Papua New Guinea (GoPNG) or other partners. The Review Team would like to thank all those consulted in Bougainville, Port Moresby and Wellington for their generosity in sharing their views and experience and providing valuable advice and analysis. Special thanks are also extended to BCPP teams in Buka and Arawa whose support, encouragement and openness to the Review allowed the mission to proceed smoothly. 2. Goal of this Review This Review builds on the 2006 BCPP review and is intended to examine BCPP objectives, plans, budget and timeframe to ensure BPS operates an effective community policing agency that integrates and supports a strong and sustainable CAP activity. Anticipated outcomes of the review include recommendations on the appropriateness of BCPP objectives, design, time frame, sustainability plan and M&E Framework, as well as formulation of recommendations about any future assistance delivered through the BCPP. 3. Principal findings 3.1 Progress against components generally good Component 1 – Project Management Progress against the two project management objectives has been generally good, with excellent on the ground management and implementation delivered by a competent and enthusiastic team of expatriate and Bougainvillean nationals. The absence of a development worker on the ground is noticeable, particularly with respect to donor harmonisation. The sustainability strategy appears largely irrelevant to project activities, which by design seek to maximise sustainability. Project coordination, while informal, is largely effective, although more structured approach, on the back of ABG coordination mechanisms, would further boost donor harmonisation, particularly between AusAID and NZAID. The May 2008 M&E Framework (MEF), while relevant, is over-engineered and reporting against the MEF has effectively ceased, pending the results of this Review. Despite this, project management’s ongoing monitoring of BCPP activities generates a comprehensive picture of the level of success of individual activities, although communication of these results to BPS and ABG, particularly downstream, appears patchy. Enhancing the BPS’ M&E capacities, with respect to the CAP activity in particular, remains both a challenge and an opportunity to drive change within this agency. Component 2 – CAP Progress against the four CAP objectives continues, with BCPP working to build BPS capacity to train and manage the CAP activity. Recruitment and training of female CAPs appears successful and appropriate, given strong community demand for female CAPs. Ongoing devolution to BPS of a number of CAP management functions previously supported by the BCPP bodes well, although financial devolution remains a challenge. The ABG’s financial contributions come close to achieving 100% compliance with the current Financial Schedule for its uptake of recurrent costs of the CAP activity, evidencing the ABG’s willingness to meet the increasing budgetary requirements of incorporating the CAP activity. Training is provided through a mixture of BPS, CAPs and local NGO training service providers, with communities commending the quality of the CAPs. Community support for CAPs is strong, with COEs welcoming the added law and order resources available. Community expectations of CAPs knowledge and skills are equally high. An operational gap remains between CAPs and BPS at community level, and a clearer articulation of CAPs’ role for COEs and communities would benefit their work. Similarly, an operational gap exists between the CAPs and the BPS at

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an institutional level, despite solid BCPP attempts to address it. BPS trainers’ delivery of CAPs training based on ten topics continues, strengthening the functional integration of the CAPs into BPS. Innovative delivery of training to CAPs located in the Southern Region no-go-zone has been possible through training camps held in Central Region. With most CAPs having only completed Year 8 of school, education remains a challenge. Logistics support to CAPs continues to be provided in the form of transport and other minor incidentals. Logistics is factored into the schedule of financial responsibilities. A proactive joint BPS-BCPP recruitment process is required to identify technical assistance personnel from among Vanuatu Police Force nominees to fully meet CAP support requirements. Component 3 – Operational Policing Progress against the three operational policing objectives has been slow. The absence of the Assistant Commissioner of Police (ACP) Bougainville from Buka for over three months has hindered uptake of leadership and operational capacity building made available through the BCPP. This has been compounded by the Central Regional BPS Commander’s relocation to Buka to fulfil Acting ACP duties. This has resulted in weaknesses in operational and leadership within the BPS, making traction for BCPP efforts difficult. Reports of BPS disciplinary issues appear common and the BPS establishment does not reflect actual staffing or needs. Organisational change within a hierarchy such as the BPS requires some top-down efforts. BCPP has played a constructive role in scoping BPS human resources needs, resulting in identification of a short-term HR advisor (funded through the PALJP) expected to arrive in January 2010. The BCPP continues to work closely with AusAID PALJP advisors attached to the BPS and other ABG agencies to identify corporate management and operational planning and logistics requirements. Further joint NZAID-AusAID support to the BPS to identify its corporate and operational needs and to harness available resources through a BPS-led mechanism is warranted. The project could also support BPS efforts to access available resources, such as those available under PALJP funding processes. No logistics support is provided to the BPS and this approach appears a sound way to support strengthening of BPS logistics capacities, which also receive advisory services through the PALJP. 3.2 Transition of CAPs to the BPS dependant on strengthening BPS’ management capacities Devolution of key aspects of the CAP activity to BPS has progressed well, with the BPS’ Community Policing section’s uptake of financial management systems, performance management, discipline, and training, among others. Further joint BCPP-BPS work is needed to clearly identify the actual costs of running the CAP activity, and to scope a revised Financial Schedule (Annex 5), including a renegotiated timeframe for full uptake by ABG of financial responsibilities for the CAP activity. This then needs to be jointly considered at ABG-GoNZ level. The ABG’s strong statements of commitment to the CAP activity are reflected in its budgetary commitment to date for the activity. This transition strategy for the CAP activity remains sound but needs to be responsive to the budgetary and institutional realities of the ABG. The risks associated with under resourcing the CAP activity are great. A renegotiated schedule for ABG uptake of financial responsibilities provides an opportunity for BCPP support to the BPS to also incorporate strengthening key BPS management and operational competencies. These will be necessary to ensure that, institutionally, the BPS can sustainably manage the CAP activity as one of its core community policing approaches. The scale of recasting of the BCPP support is minor, and technical expertise of NZPOL, either already on the ground, or provided by a series of short-term inputs, is suggested. ABG consideration of the legal status of the CAP activity may also be required, ensuring that an appropriate scheme of service is in place, which contemplates CAP NCO career pathways, including recruitment into the BPS. The ABG is yet to fully flesh out, and the BPS is yet to fully adopt, a Community Policing Policy. The process for the ABG’s full articulation of, and the BPS’ operationalisation of such a policy, provides an entry point for BCPP, through technical assistance personnel from NZPOL, together with the proposed Development Worker and other law and justice stakeholders and advisors, to support the BPS to adopt the structure and functions which will allow it to manage the effective delivery of community policing-centred policing services in Bougainville. For example, the project could support the articulation of the ABG’s community policing policy and a consequential joint functional analysis of the BPS business units required to operationalise community policing in Bougainville. Upcoming short-term inputs from the PALJP-funded human resources advisor will contribute importantly to this process.

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Adjustments to the BCPP budget to contemplate short-term NZPOL inputs would also need to be considered by NZAID. 3.3 BCPP objectives, design and time frame need to be revisited Appropriateness of Project Objectives: The nine objectives described in the current PDD need to be recast as activities, and lessened in number. A move away from isolated focus on the CAP activity to a focus on strengthening core BPS corporate management and operational capacities, one of which should include enhancing a CAP-integrated community policing management capacity, is needed, together with strengthening of specialist policing skills. BCPP could facilitate the BPS to discover its needs. Project Components need to be amended to reflect the scope of activities currently being implemented, and taking into account the need to develop community policing planning and management capacities within the BPS, as well as allowing scope for community empowerment by strengthening bottom-up community law and order planning processes, which are aligned with the ABG’s law and justice development priorities. Timeframe & Phase 5: The shift to Phase 5 needs to be delinked from NZAID programming and budget cycles and a functional capacities-based approach adopted to trigger a shift in project support. This approach would see core institutional capacities for the BPS identified and a set of milestones clearly articulated for BPS as triggers for a shift in BCPP support. In particular, a premature downsizing of BCPP support to BPS’ management of the CAP activity risks undoing hard earned gains made to date, and while both stakeholders and BCPP staff are keen to see the BPS uptake of CAP activity management, both expressed clearly that doing so by the end of the current project funding cycle, given the BPS’ current capacity levels, was premature. Stakeholders view the BPS as an institution established as a result of the crisis, by default rather than design. In the absence of realigning the BPS structure to reflect functional requirements and core institutional competencies, necessary to deliver a community policing approach, such as the management and operational capacities, imminent scaling down of support from the CAP activity risks its failure. The impact of this in the current Bougainville law and order context is likely to be significant. Mini-redesign: A joint ABG-GoNZ mini-redesign of the BCPP under the umbrella of Phase 4 is therefore recommended, which would see funding secured for a further three years to May 2013, allowing for the graduated withdrawal of BCPP support to management (largely done) and financing of the CAP activity, in accordance with the milestones, and which would be expected to be completed by May 2013. It is also anticipated that this three year period would see an increase in ABG revenue creating an environment which is more likely to underpin the sustainability of the CAP activity within a strengthened BPS institution. A key element of this design approach needs to include enhancing the capacities of the BPS and the communities in which CAPs work to monitor and evaluate community policing activities, and to analyse the M&E results with a view to correcting BPS implementation trajectory accordingly. The scaling down of financial support to the CAP activity and provides an opportunity for commensurate scaling up of the financial support to a community development element of the BCPP. This could include targeted activities, aimed at allowing the BPS to realise maximum leverage from its community policing approach on the ground. A core element of the redesigned project would be to support and stimulate law and justice service providers, such as the BPS and communities, to work together. An eventual Phase 5 could be contemplated from 2013, which could see shape of BCPP assistance as aiming toward more strategic and operational advisory support to the BPS on an organisational level. Possible Design Structure (PDD) for next iteration of the BCPP:

A suggested revised BCPP goal is set out below. A strengthened BPS that has the capacity to operate sustainably as an effective community policing agency, working with the community to respond to law and order concerns through an integrated CAP activity.

Suggested Components are set out below. Component 1 – Strengthening BPS Executive Management and Corporate Management Capacities (executive and middle-level management, planning, monitoring, reporting, asset management, support for further articulation of community policing policy);

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Component 2 – Strengthening BPS Operational and Community Policing (CAP management CAP training, support to CAP activities, specialist policing skills, such as investigations, prosecutions, etc.); Component 3 – Enhancing Community Planning for Law and Order (working with BPS, community development planning, funding mechanism addressing community prioritised law and order issues, including awareness-raising, correspondence education and training for CAPs, minor projects – water tanks, counselling services for victims etc.); and Component 4 – Project Management and Coordination (joint management of the funding mechanism, joint BPS-BCPP development of an MEF together with joint BPS-BCPP monitoring activities, staff management of NZPOL and VPF technical assistance personnel and an experienced Development Worker.

Technical assistance personnel: BCPP impact could be maximised through recruitment of an experienced Development Worker, to provide strategic policy and operational inputs into facilitation of community planning for law and order, enhancing BPS M&E activities, strengthening community demand for BPS services, and supporting BCPP M&E monitoring and reporting requirements. A key activity of this position would include be to support communication and coordination. Communication and Coordination: A more proactive communication strategy is needed both for the BCPP and for the BPS, including about the role of CAPs as BPS community policing agents in communities, and the work of the project within the ABG and GoPNG contexts. Establishment of a project management structure, which more formally describes processes for dialogue about the project at senior ABG and GoNZ level, at BPS management-housed operational-level, and at Regional/District-based operational-level, would enhance two-way communication about the BCPP’s support to community policing in Bougainville, and increase donor harmonisation on BPS priorities, in the context of the draw-down of police powers from GoPNG. M&E: An opportunity exists for the project to enhance the level of its support to M&E, reporting, and crime statistics analysis, which would provide useful information supporting efforts by the ABG (through policy initiatives and by the BPS) and communities to address law and order issues. Particular attention needs to be paid to supporting the BPS to collect, collate and conduct comparative analysis of statistics between the more secure Northern Region and the less secure Central and Southern Regions. Focusing themes: Joint BPS-BCPP identification of focussing themes for the project is also warranted. This could include for example, juvenile justice, gender, HIV/AIDS, domestic violence, or poverty reduction. In this context, community policing would become the vehicle through which BPS addresses such issues. 3.4 Strategic Issues – A tighter aid effectiveness approach required Alignment with ABG law and justice priorities: The BCPP appears to be well aligned to the ABG law and justice priorities applicable to it. The key challenge going forward will be to ensure that the BCPP supports BPS priorities for community policing set out in the BPS’ Mid-Term Development Strategy, and that the project retains sufficient flexibility to allow it to respond to emerging ABG strategies and priorities for law and justice. Integration with and strengthening local systems: Incorporation into the BCPP of technical support for the BPS’ operational systems, such as human resources management, in-service training (which could be done locally through a train the trainer scheme), and specialist skills training, such as investigations, is warranted. Continued close collaboration with AusAID’s PALJP and governance advisors will be necessary to achieve this. Donor harmonisation: More proactive support to donor harmonisation with respect to the BPS could be delivered through the project, and the exploration with BPS of options to more meaningfully structure project management around ABG and BPS’ management processes is required. While much informal exchange of information takes place, this appears to be largely dependent upon personalities and is likely to be not transparent to the ABG and the BPS. A more structured management approach would provide an opportunity for synergies, particularly between AusAID and NZAID, and minimise the impact of personnel turnover on project momentum. The BCPP might usefully provide secretariat services for such meetings at the outset, supporting the creation of a record of discussions and decisions. The spirit of the tripartite arrangement between ABG, GoNZ and GoA described in the 2003 ABG policy document Law and Justice for Bougainville

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needs to be revisited, including with respect to the AFP’s intentions in Bougainville, permitting an increased GoNZ contribution to ABG-donor dialogue on law and justice. Recruitment of a development worker would also help raise GoNZ’s contribution. Operating environment: The uniqueness of the Bougainville context continues to militate in favour of a unique and flexible response from the BCPP in support of the ABG’s community policing approach. The cultural and physical environments, including communication and transport challenges will continue to shape the support delivered to the BPS for some time. Maintaining law and order throughout an election cycle requires targeted approaches, which will also need particular attention in the context of the upcoming independence/autonomy referendum. Ensuring the BPS has the capacity to respond to law and order issues during campaigning, polling, and after the announcement of results will emerge as a priority support area. 4. Methodology The review methodology included preparation of a Review Plan reviewed by a BCPP Review Reference Group, followed by a review of documentation relevant to the BCPP, including ABG plans, GoPNG strategies, law and justice sector strategies, such as that of AusAID. A field mission, conducted in Bougainville between 2-17 November and in Port Moresby from 17-19 November, 2009, provided information and observations from discussions with ABG representatives at national (Buka), Regional (Buka and Arawa), and local levels (Inus and Arawa), and from GoPNG and representatives at national level. The Review Team also interviewed members of the BCPP team in Buka, as well as key AusAID staff, PALJP Advisors, key donors and NGO partners in both Buka and Port Moresby. The Review Team were: James McGovern, Lead Reviewer; and Monica Taga, Community Liaison Advisor.

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ANNEX 4: List of Recommendations Operational Issues Timeframe & Phase 5 1. The character of BCPP Phase 5 needs to be jointly identified and developed with BPS and

RPNGC in a mini-redesign. A key element of Phase 5 would see the BCPP-NZPOL Advisors taking a more advisory role to the BPS at strategic and operational levels, including the CAP activity, supporting the institutional strengthening of the BPS. A smaller number of technical assistance personnel, including from NZPOL, need to be deployed under Phase 5, taking full advantage of the range of technical skills available from NZPOL advisors.

2. The shift to BCPP Phase 5 needs to be de-linked from NZAID programming and budget cycles, and a functional capacities-based approach adopted. Under this approach, Project support to the BPS would be triggered by its attainment of key milestones, which would be jointly developed by the BCPP, the BPS and the RPNGC. These milestones would need to be clearly articulated and well understood (including by BPS and RPNGC leadership).

3. Within the context of the delinking of the shift to BCPP Phase 5 from NZAID programming and budget cycles, the Financial Schedule (Annex 5) needs to be revisited, with a view to jointly elaborating with the BPS the full costs of the CAP activity, and a new Financial Schedule agreed. Some decisions about the number of CAPs and their deployment modality might also be warranted; maintaining the same number of CAPs with a mobile team, including female CAPs, for example, might help to raise awareness about gender issues in communities where no female CAPs are present, as well as provide opportunities for women who otherwise would not have access to access female CAPs.

Mini-redesign 4. The BCPP needs to be recalibrated to increase focus on: (a) securing the sustainability of the

BPS as an institution which is capable of supporting and managing all its functions, including an effective CAP activity; and (b) the role of the community in demanding improved policing services from the BPS. Prior to the end of the current Project funding cycle, a joint BCPP-BPS-RPNGC mini-redesign of the BCPP is required, with a view to extending assistance through BCPP Phase 4 until May, 2013.

5. The mini-redesign needs to explore ways in which the BCPP can support the emergence of community demand for policing services, including enhancing community planning processes aimed at addressing law and order issues. This could be facilitated by CBOs.

6. Project Objectives need to be recast as activities, and lessened in number, with a focus on strengthening the BPS’ executive management, planning and management capacities.

Possible Design Structure (PDD) 7. The following is suggested as a revised BCPP goal: A strengthened BPS that has the capacity

to operate sustainably as an effective community policing agency, working with the Bougainville’s communities to respond to law and order concerns through an integrated CAP activity.

8. The following is suggested as a revised BCPP structure: Component 1 – Strengthening BPS Executive and Corporate Management Capacities; Component 2 – Strengthening BPS Operational and Community Policing; Component 3 – Enhancing Community Planning for Law and Order ; and Component 4 – Project Management and Coordination.

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Project Management and Coordination Vanuatu Police Force (VPF) 9. TORs for CAP Advisors to be recruited from the VPF need to include minimum rank and core

competencies required for the CAP Advisor position, (such as computer literacy and a driver’s licence).

10. To maximise chances of finding appropriately skilled and experienced staff within VPF establishment, the BCPP needs to conduct joint BCPP/BPS recruitment in Vanuatu, from a list of nominees provided by the VPF.

11. Subject to applicable anti-discrimination legislation, the BCPP needs to, where possible, target female VPF members to fill CAP Advisor positions within BCPP, serving as positive role models for women.

Development Advisor 12. NZAID to recruit, as a matter of priority, an experienced Development Advisor, as BCPP Deputy

Team Leader, to provide strategic policy and operational inputs into the BCPP. Key responsibilities include, working with BPS to develop a sensible MEF, supporting community planning for law and order, supporting BCPP reporting requirements, and supporting BCPP communication and coordination, with ABG, GoPNG, and law and justice stakeholders, such as PALJP and APP. The Development Advisor, together with the Team Leader, would also support a clearer articulation by the BPS of its Community Policing approach.

Communication and Coordination 13. More proactive communication and coordination is required to maximise the BCPP’s support

(within the context of partner donors’ support, such as AusAID and APP), to BPS’ efforts to leverage available resources to strengthen its core competencies. A three pronged proactive communication and coordination strategy is suggested, including: (a) High-level GoNZ, GoPNG, ABG GoA (AusAID & APP) updates on progress and challenges

facing the BPS (High Commissioner in both Port Moresby and in Buka); (b) BPS-centred Project communication, particularly with Regional and District ABG

stakeholders and AusAID law and justice advisors, APP, and with CSOs (Team Leader & Deputy Team Leader – Development Advisor). A more structured project management committee- approach, which sees BPS positioned to take a leading role in Project direction, in concert with other law and justice stakeholders and partners, would maximise Project impact and sustainability; and

(c) Operational communication about community policing – including the role of CAPs - within the Bougainville law and justice context needs to be enhanced. Specifically, awareness-raising about CAPs’ TORs with CoEs and Village Court officials is needed to ensure that key community stakeholders clearly understand the role of the CAPs and the BPS. The BCPP could support clearer communication between the BPS and Regional Administrations (North, Central, Southern), District Offices, and CoEs, about the BCPP and its support to the BPS, by supporting appropriate BPS Regional level coordination mechanisms.

MEF & Sustainability 14. The BCPP needs to work with the BPS to develop a MEF which will allow the BPS to monitor

and evaluate the BCPP activities, including the CAP activity, with a view to analysing statistics and data generated, and permitting the BPS to adjust its activities accordingly. Support to community monitoring of CAPs and of BPS’ responsiveness, through CBO participation, would also provide useful information which could feed into this analysis, and provide increased external demand for policing services. This jointly developed MEF should also provide the basis on which the BCPP could report to NZAID. Fundamentally, a more simplistic document pitched at the Component/Strategic Objective level is required, which can generate meaningful information for both NZAID and for ABG/BPS.

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Focussing themes 15. To highlight the relevance of community policing in the Bougainville context, joint BCPP-BPS

identification of focussing themes for the Project is required. These could include gender, drug abuse, juvenile justice, HIV/AIDs, poverty reduction etc., thereby solidifying the appropriateness of community policing as an approach for the BPS to contribute to addressing such issues.

Strategic Issues Alignment with ABG & GoPNG law and justice priorities 16. The BCPP needs to have more proactive dialogue in support of the BPS’ efforts to develop and

execute ABG (and GoPNG) mandates for policing in Bougainville. This includes supporting enhanced BPS capacities for planning, budgeting, monitoring and reporting requirements, in accordance with ABG and GoPNG law and justice priorities. BCPP needs to remain flexible so that the Project can respond to emerging law and justice priorities of both the ABG and GoPNG. The Development Advisor’s TOR need to respond to this.

Integration with and strengthening local systems 17. A joint BPS-BCPP project management committee approach needs to be adopted. This would

place the BPS in the best position to take the lead on Project management, including the recruitment and use of technical assistance personnel, thereby integrating such activities into BPS approaches. For example, decisions about the BCPP’s resource allocations, such as technical assistance personnel allocated to conduct Buka-based in-service training (for BPS) addressing specialist needs, such as CID, could be facilitated through a project management committee. The Bougainville Combined Policing Working Group approach appears warranted as much of the content and approach of this arrangement remains relevant and facilitates BPS-led approach to development of the BPS.

18. Subject to NZAID procurement advice and risk assessments, all procurement conducted by the BCPP needs to be effected using ABG and BPS procurement systems and practices. While there are risks in adopting this approach, the Project needs to aim to use local systems where possible, to bring it into line with Paris principles, and to help further strengthen existing systems and practices.

Donor harmonisation – NZAID-AusAID; NZPOL-AFP 19. As it seems unlikely that the GoA-funded APP will specifically target the BPS, the BCPP needs

to broaden its scope to include supporting the development of corporate and executive management capacities in the BPS. Due regard is needed of the differing priorities of the ABG and of the GoPNG (RPNGC) with respect to the development of policing services in Bougainville. The Project can play a useful role, helping the BPS to navigate its emerging status within the ABG and GoPNG contexts, ensuring a confluence of GoPNG-national and ABG law and justice priorities.

Operating environment – the Community Factor 20. In addition to increased focus on the BPS, the BCPP needs to also concentrate on

strengthening community-based law and order processes that drive demand for policing services through the CAPs to the BPS. Support to community planning, including providing access to CBOs and communities to a small fund NZD150,000, appears warranted. This additional stream of activity under the BCPP would help to strengthen the BPS’ role in Bougainville by placing its client base clearly in focus. The BCPP would then be well positioned to work with the BPS to address emerging priorities in meeting its clients’ needs. This would require an ongoing flexible approach.

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ANNEX 5: List of BCPP Staff Members NAME POSITION 1 Superintendent Mr. Murray

Lewis (NZPOL) BCPP Team Leader

2 Inspector Ms. Karley Western (NZPOL)

CAP Advisor, Buka

3 Corporal Ms. Jennifer Walsal (VPF)

CAP Advisor, Buka

4 Inspector Mr. Romelo Preira (NZPOL)

Community Policing Advisor, Buka

5 Inspector Mr. Steve Kose (NZPOL)

Arawa Team Leader and Mentor to Central and Southern Regional Commanders

6 Inspector Mr. Stuart Rowe (NZPOL)

CAP Advisor, Arawa

7 Inspector Ms. Sue Johnston (NZPOL)

CAP Advisor, Arawa*

8 [Vacant] Community Policing Advisor, Arawa 9 [Vacant] Community Policing Advisor to Regional Commissioner

10 [Vacant] Development Advisor *One of the CAP Advisor positions in Arawa normally would be filled by a VPF member. The duties of this post are currently fulfilled by a NZPOL member, following repatriation of the previous VPF incumbent. The Community Policing Advisor post in Arawa, currently vacant, would be filled by a NZPOL member upon recruitment of a VPF member to CAP Advisor post.

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Annex 6 – List of Reference Documents Background Documents − Bougainville Peace Agreement, 30 August, 2001. − Review of the Bougainville Community Policing Project (Phase 4). − Strategic Action Plan 2006-2010, ABG, approved by Bougainville Executive Council, 22 February,

2006. − BCPP Briefing for James Mc Govern, November, 2009. − CAP Monthly Report Pro Forma. − Transfer of Functions and Powers: The Way Forward. − Summary Record and Resolution – Joint Workshop on Drawdown and Transfer of Powers

Between the National Government and ABG From 15-16 October, 2009, at Granville Motel, Port Moresby.

− Law and Justice for Bougainville – Transition to New Bougainville Policing, Courts, CIS, Community Based Dispute Settlement etc., Bougainville Administration Officers’ Working Group, 12 June, 2003.

− Joint Australia/New Zealand Programme for Bougainville Police Service (BPS) Support – Terms of Reference for the Bougainville Combined Policing Working Group.

− Terms of Reference for the Bougainville Combined Policing Group, undated. − Joint Governance Arrangements for management AusAID supported Technical Advisory

Assistance to Bougainville, undated. − ‘Delegation of Police Powers and Functions Shows Strong Shared National Commitment To

Practical Implementation of Bougainville Peace Agreement, Joint Media Release, Ministry of Internal Security and Ministry of Inter-Government Relations, National Parliament, PMB, Waigani, NCD, Papua New Guinea, 26 November, 2003.

− Terms of Reference – Donor Coordination and Harmonisation Group, 11 September, 2008. − Kavieng Declaration on Aid Effectiveness: A Joint Commitment of Principles and Actions

Between the Government of Papua New Guinea and Development Partners, 15 February, 2008. BCPP Documents − Notes on Visit, Mike Sansom, 9 October, 2009. − Neighbourhood Support Groups, BCPP Information Paper, undated. − Revised Annex 5: Financial Schedule (ABG/GONZ Financial Responsibilities), undated. − Cap Operational Budget Memorandum, Murray Lewis, 3 June, 2009. − Cap Operational Budget and BCPP Sustainability Plan, Memorandum, Murray Lewis, 23 June,

2009. − CAP Operational Budget and BCPP Sustainability Plan, Memorandum, Mike Sansom, 11 June,

2009. − Organigramme, BPS Community Policing Section. − Problem Tree, BPS Northern Command, undated. − Confidential Report to NZAID – Potential Sustainability Challenges for the CAP Programme in

Bougainville. − Brief Report re Stage One of the Project for Female Recruitment, 15 June, 2009. − Distribution of Active CAPs by District and Gender, 15 June, 2009. − Crime Survey Bougainville – October to November, 2009.

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− Vanuatu Police: Deployment to Bougainville, Letter to Inspector Roly Williams, from Murray Lewis, 21 August, 2009.

− Email from Roly Williams, 22 October, 2009 re devolution of police powers. − Neighbourhood Watch Tok Promis Oath, 8 October, 2009. − BPS, Monthly Brief – Buin Community Auxiliary Police, 30 September, 2009. − Buin Camp Overview, 29 June – 3 July, 2009. − Letter from Murray Lewis to Roly Williams re BCPP Press Release, undated. − New Zealand and Bougainville – Partners in Development, 15 October, 2009. − List of PALJP Advisors, undated. − List of Bougainville Law and Justice Sector Working Group members, undated. − CAPs Operational: Sustainability and Transition Plan, Draft, undated. − BCPP End of Year Update 2008, 1 January, 2009. − BCPP Workplan 2009. − BCPP Sustainability Strategy. − BCPP Monitoring and Evaluation Framework, Davida Pokroy, November, 2008. − BPS Management Action Plans for North, Central and Southern Regions, 2008. − Letter of Variation No. 2 re BCPP, from Sarndra Hamilton, NZAID to Assistant Commissioner Jon

White, NZPOL, 5 June, 2008. − Letter of Variation No. 4 re BCPP, from Mike Sansom, NZAID to Assistant Commissioner Jon

White, NZPOL, 8 June, 2009. − Mid Term Review – BCPP, July 2006, NZAID. − BCPP Phase 4 Project Design Document, March 2007. − Provincial Engagement Evaluation Report, Papua New Guinea Law and Justice Sector,

September, 2009. − Review of Training to Village Courts in PNG, Internal Review Report 2009, Village Courts and

Land Mediation Secretariat, May, 2009. − Village Courts Responsibility Matrix (Draft), Roles and Responsibilities for all levels of

Government for Village Courts in PNG, 22 August, 2008. − Draft Development Partners Strategy for the Bougainville Law and Justice Sector, 2008-2011, 21

October, 2008. − BPS Mid Term Development Strategy (Strategic Plan) 2010-1014. − Police Administrative Review Recommendations – Action Plan. − 'Report of the Bougainville Constitutional Commission' (report on the third and final draft of the

Bougainville Constitution, prepared by the Bougainville Constitutional Commission), Arawa and Buka, Bougainville, 2004, pp230-234.Country Program Strategy: 2008-2018, NZAID and GoPNG, July 2008.

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Annex 7: Aid Effectiveness Principles Five core principles for management for development results:20

1. At all phases – from strategic planning through implementation to completion and beyond – focus the dialogue on results for partner countries, development agencies, and other stakeholders.

2. Align actual programming, monitoring and evaluation activities with the agreed expected results.

3. Keep the results reporting system as simple, cost-effective, and user friendly as possible. 4. Management focuses on the desired outcomes and impacts of development. 5. Use results information for management learning and decision-making, as well as for

reporting and accountability. Five outcomes for development assistance:21

1. Partner countries exercise effective leadership over their development policies and strategies and coordinate development actions.

2. Donors base their overall support on partner countries’ national development strategies, institutions and procedures.

3. Donors’ actions are more harmonised, transparent and collectively effective. 4. Resources are effectively managed and decision-making focuses on desired outcomes and

impacts. 5. Donors and partners are accountable for development results.

20 Quoted from the Report on the Second International Roundtable on Managing for Development Results, 4-6 February, 2004, Marrakech Morocco. 21 As stated in the Paris Declaration on Aid Effectiveness, 28 February – 2 March, 2005, Paris, France. See also the Kavieng Declaration on Aid Effectiveness: A Joint Commitment of Principles and Actions Between the Government of Papua New Guinea and Development Partners, 15 February, 2008.

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Annex 8: Review of BCPP Objectives Component 1: Project Management Objective1: To develop and Manage, in line with the NZAID

Police, a programme of sustainable activities which is effectively coordinated with other donor programmes, and which ensures effective achievement of BCPP objectives and outcomes.

BCPP has been well managed and is staffed by enthusiastic personnel; Efforts aimed at sustainability are hampered by weakness/absence of BPS leadership; Informal coordination with other donor programmes exists, but this needs to be more

transparent to the ABG and to the BPS; Absence of a Development Advisor on the BCPP Team is felt, particularly with respect

to donor harmonisation and reporting. Objective 2: To develop and support implementation of a

BCPP sustainability strategy. This item is achieved, although the strategy remains largely an academic exercise; More mileage could be obtained by incorporating sustainability into all aspects of the

Project – to a large extent this is already achieved; Sustainability of the BPS as an institution needs to be addressed head on.

Component 2: CAP Objective 3: To build the capacity of the BPS to effectively train

and manage CAP, using systems that include COE and local stakeholder participation.

Good work has been done to achieve a corpus of reasonably well trained CAPs, including a significant percentage of women, and some NCO CAPs; The level of COE participation in CAPs training is limited, as is COEs’ understanding

of the specific role of the CAPs; The Project effectively harnesses CSO participation and this could be extended.

Objective 4: To support further development of effective working relationships between CAP and local stakeholders.

More work needs to be done to clarify the roles of the CAPs within law and justice processes at community level. CAPs are generally considered to be an asset to COEs in maintenance of law and

order, although some potential for conflict of roles vis a vis peace officers exists; Opportunities exist for the Project to further harness community planning processes

for the maintenance of law and order – such processes would benefit the BPS to realise its mandate under the Constitution.

Objective 5: To further develop community policing competences for current and new CAP, and achieve consistency in CAP competencies throughout Bougainville.

Good work has been achieved within the BPS Community Policing Section and with CAPs, including NCO CAPs, on devolution of management and administrative responsibilities for the CAP activity to the BPS, and on training; Inability of the Project to access communities in the Southern Region presents

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difficulties in ensuring consistency in CAP competencies and coverage throughout Bougainville, although innovative training approaches are noted.

Objective 6: To provide limited and appropriate logistical support for the CAP programme.

Logistics support to the CAP activity is limited to transport and administrative support; The Project approach is to incorporate sustainability into management of CAP activity

logistics within the Community Policing Section of the BPS, and this is to be applauded; Sustainability of logistics to the CAP activity depends on the ABG’s uptake of financial

responsibility for all CAP costs in accordance with a renegotiated Financial Schedule (Annex 5); Incentivised milestones triggering Project support to BPS could be considered.

Component 3: Operational Policing Objective 7: To build management competencies and practices

within BPS with particular emphasis on corporate and operational planning, human resource management, disciplinary procedures and station management.

The Project has, together with PALJP Advisors, supported planning and human resourcing initiatives. A PALJP HR/Training Advisor is soon to be recruited; BCPP efforts on supporting discipline and any real organisational change are

hampered by extended absences of the BPS Assistant Commissioner of Police and by two of the three Regional BPS Commanders being located in Buka; Internal BPS discipline and professionalism remains a priority that the Project should

address, but this requires some level of BPS leadership. Objective 8: With LJSP, to further develop operational policing

competencies among BPS regulars and support active application of the BPS community policing philosophy by BPS regulars.

Community policing as a philosophy appears to not be widely implemented by BPS regulars, and ongoing efforts, together with PALJP Advisors are warranted; A clearer articulation of the BPS’ community policing approach and how it will be

applied across the BPS (outside the BPS Community Policing Section) is needed. Objective 9: To provide limited and appropriate logistical

support to BPS. The Project provides no logistics support to the BPS. This approach needs to be maintained to ensure development of BPS assets and

logistics remains commensurate to its level of resourcing. BPS has the benefit of a PALJP Logistics Advisor; the BCPP could support the BPS to ensure its logistics priorities are clearly articulated and are being addressed.

Note: In general terms the Review Team considers that many of the “Objectives” need to be recast as “Activities”. It would be neater for each Component to have one clear strategic objective. Activities falling under each Component would then be contributing to the achievement of the Component’s strategic objective. A revised Project Structure is suggested in the main text comprising of four Components.

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Annex 9 –The role of female CAPs at community level Impact of female CAPs at community level 1. Bougainville has some 57 female CAPs spread across three Regions: North (16), Central (16) and South (25).22 Recruitment and training of female CAPs appears successful and appropriate, given strong community demand for female CAPs. Nonetheless, recruitment, training and retention of female CAPs provides particular challenges. Despite many female CAPs being able to call upon extended family to look after their children, female CAPs interviewed reported that the need for childcare impacts on their availability as CAPs. As a result, many women in communities face difficulty in accessing assistance from female CAPs on domestic violence cases. CAPs come from the communities themselves and therefore understand the contextualization of the environment (society) and the people they interact and associate with. Female CAPs therefore are participating and advocating for human rights in social, economic and political development.

2. In general women in communities are freely conducting advocacy on development issues affecting them; they also participate in mining association (Panguna) and other resource owner associations. Women are taking a leading role in facilitating conflict resolution trainings, peace/reconciliation activities and all levels (families, communities, districts and region) in Bougainville. Women plan to contest elections to take up the political arena and also at other levels women have representatives, within the village CoCs, and CoEs. Women have been accessing social welfare services with the assistance of CAPs, both male and female, and this helps to minimize domestic violence in families and communities. Women run and manage small scale businesses and participate in decision making in governing bodies at community, district and regional levels. Women will continue to play an important role in the economic and democratic development of Bougainville but they have specific police service requirements are not currently being met. Many women interviewees articulated views which were strongly in support of the role that female CAPs were playing in addressing law and order challenges faced by Bougainvillean women. Field duties at community level 3. The working relationship between female and male CAPs is good and often male CAPs trust female CAPs to handle cases relevant to women. Female CAPs also make decisions about cases. Male CAPs give female CAPs support and assistance during their duties when there are serious cases. The support from the community is very good, but often female CAPs are challenged by the youths who consume drug and alcohol. This was confirmed in interviews with Sports Youth representative for Wakunai and the Women and Youth Coordinator for Boma. Community members and justice agency officials interviewed indicated that there is a noticeable change in law and order following deployment of the CAPs. 4. Female CAPs like male CAPs prepare monthly reports and send them to the BCPP. The contents of the reports include: serious and minor cases attended to and the processes undertaken to resolve the cases. The follow up and the progress of the cases are closely monitored for the outcome of the cases. In one CoC area in the North Region both female/male CAPs give oral

22 This Annex is a summarised version of a longer document prepared by the Community Liaison Advisor, Ms. Monica Taga.

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reporting to the weekly CoC meeting (currently CoE in this area is being elected). The same report is written and sent to CAPs NCO for approval and signature and then submitted to the BCPP. CoEs and Village Courts do not currently receive copies of these reports but would like to. They will be then aware of law and order cases occurring within their communities. Female CAPs – the view from the Village Court 5. A female magistrate who comes from the North Region shared her experience in her role as a magistrate. In working with both male and female CAPs she delivers services in her area of expertise in the following manner: The female magistrate’s experience in juvenile cases is that when cases are brought into BPS they are often referred back to Village Court to be dealt with. At a Court User’s Forum, she said she had reviewed annual statistics on the types of cases in each area, including incest, rape, stealing. Village Courts then decide punishment, in the form of community work for schools or health, such as constructing toilets etc. There is a need for community corrections, with people convicted of sentences up to 6 months being incarcerated in the village. Her experience was that in most circumstances, the BPS would not take action on cases brought to their attention – BPS is not responsive. There are four peace officers in her area and they work well together with the CAPs and village courts. She noted that the CAPs uniform can be a barrier, as when people see the police uniform, they run away. But peace officers do not wear uniform, so people have confidence to stay and talk with them. [She seemed to be suggesting that she would use peace officers for certain tasks and CAPs for other tasks) E.g. Peace officers to invite people to attend Court, and CAPs then arrest people and take the cases to the BPS. CAPs duty statement is not shared with Village Court. The CAPs give oral reports to the weekly Council of Chiefs meeting (currently CoE is being elected). Written reports are sent to CAP NCOs and then to BCPP. She does not receive copies of the CAPs report, nor is she aware that the CoE receives copies. She said CAPs need more training on restorative justice cases and need to learn to deal with issues at the time they occur. Key issues are: gender, drugs, drinking, incest, domestic violence (wife-bashing), and polygamy. In her area there are only three female CAPs and they are very responsive. She delivers training on self management and leadership and mentors CAPs every Tuesday, which helps discipline the CAPs. She said there is a need for a workshop with BPS and CAPs to train them in conflict resolution methodologies and interpersonal skills, and listening skills. Further training required 6. There is a need for female CAPs to enhance their capacities, knowledge and skills in awareness-raising activities, such as HIVAIDS, paralegal training and domestic violence so that they can meet the communities’ expectations and requirements. Specialist training for female CAPs on domestic violence and victim support services is also warranted, given that female CAPs are sought out by women in communities. This training should also be compulsory for male CAPs and for both male and female BPS regulars. Networking and communication 7. Steps need to be taken to strengthen female CAPs’ effectiveness and working relationships with their stakeholders (CoE, CoC, CSO, FBO, and LLG) so that there is flow of information on law and order activities done in their respected areas. Joint female CAPs annual planning processes are needed to provide avenues for female CAPs to reflect, assess, check and plan together and gain more confidence in their work. This could take place at all levels, including in communities that involving all stakeholders, at District level with the BPS, and at the Regional level. Team building events, such as quarterly/yearly meetings and annual retreats, and female CAPs workshops would also boost female CAPs’ morale and good work ethics (discipline), and provide opportunities for female CAPs to discuss, share their experiences, and learn from each other.

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Bougainville Community Policing Project (Phase 4) Review Report, December, 2009. 50

Mobile CAPs team 8. The idea of forming a small mobile team comprising of two female and two male CAPs at the Regional level was welcomed by both communities and by CAPs (both female/male). This team’s tasks could include awareness-raising on law and order and HIVAIDs, paralegal training and training on domestic violence to all communities where CAPs already exist within the Regions. This would also increase access by women to female CAPs and could be contemplated under the proposed Component 3 of the mini-redesign of the BCPP.