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What powers and immunity will Australian forces have while deployed in Solomon Islands? - ABC News

Australia is putting troops on the ground in Solomon Islands after violent protests erupted in the Pacific nation.

Prime Minister Scott Morrison has said Australian Federal Police and Defence Force troops are there to provide "security and stability", but not to interfere in the country's internal affairs.

A bilateral security treaty between the two countries, signed in 2017, spells out the kind of powers Australian police and soldiers have on the ground.

However, Anna Powles, a senior lecturer at the Centre for Defence and Security Studies at Massey University, said "the devil is in the detail" of the rules of engagement, which have not been made public.

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Rioters have targeted the compound of the Solomon Islands' Prime Minister, setting a building on fire.

Australian authorities tight-lipped on rules of engagement

Home Affairs Minister Karen Andrews told ABC News Breakfast that an initial 23 members of the AFP were already on the ground, along with representatives from the Department of Foreign Affairs and Trade (DFAT).

Up to another 50 were to be deployed on Friday, as well as an additional 40 ADF personnel, which would bring the contingent up to 116 so far.

Major General Jake Ellwood described the situation as "volatile".

Ol bilding ipaia long Solomon Islands
Buildings have been set alight during the protests.(ABC News: Chrisnrita Aumanu-Leong)

The Major General said that, at this stage, the deployment was expected to last three to four weeks.

Ms Andrews said Australian forces would be armed with both "lethal and non-lethal weapons".

"They are there to support the Solomon Islands police force … This is a policing matter, not a military matter," Ms Andrews said.

"Our response is a direct result of the request from the Solomon Islands government under the terms of our treaty. We are not there to intervene in any way in domestic matters of a political nature."

Treaty gives police powers and immunity from prosecution

According to the treaty, Australian troops and police "shall exercise the powers, authorities and privileges afforded to members of Royal Solomon Islands Police Force, where reasonably necessary, to achieve the purposes of a deployment".

Australian Federal Police, as the visiting contingent, can also "use such force as is reasonably necessary".

A picture of guns and army bags on the ground.
Australia is putting troops on the ground in Solomon Islands after violent protests erupted in the Pacific nation.(ABC News: Jade Toomy)

While in Solomon Islands, the ADF and AFP "may possess, carry and use arms" in order to protect themselves or others, protect public or private property, or "to achieve the purposes of a deployment".

They may also seize any weapons and ammunition, as reasonably necessary, and, with the written permission of Solomon Islands police, destroy those seized weapons.

Soldiers and police from Australia are also afforded immunity: They "shall be immune from arrest, detention and all legal proceedings in Solomon Islands courts and tribunals in relation to actions that are taken in the course of, or are incidental to, official duties."

The treaty adds that they "shall not be compelled to appear or give evidence in legal proceedings of any kind in Solomon Islands courts and tribunals", however, Australia can waive that immunity.

Additionally, Australia — with the consent of Solomon Islands — may invite third states to contribute to the deployment. 

Why troops must stick to the mandate

The treaty was drawn up after the 2017 withdrawal of the Regional Assistance Mission to Solomon Islands (RAMSI), an Australian-led mission that began in 2003.

James Batley — a former head of RAMSI and a distinguished policy fellow in the Department of Pacific Affairs at the Australian National University — said that, in retrospect, the treaty was a wise move, in the event that future security assistance would be required of Australia.

"Its great benefit is that it clears aside all of the detailed legal arrangements that otherwise would need to be negotiated from scratch," he said.

"It's one of the reasons that Australia was able to respond so quickly to Prime Minister [Manasseh] Sogavare's request."

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The Prime Minister says Australia will assist Solomon Islands, not intervene in their internal affairs.

Mr Batley said he had not seen the rules of engagement, but broadly the security agreement was "fairly standard wording".

"It's not an agreement that says the members of this deployment can just do whatever they like. It's quite explicit, that they are there under Solomon Islands law and they need to respect Solomon Islands law," he said. 

He added the agreement spelled out a course of action in various circumstances — for example, if a vehicle belonging to Australia was involved in a car accident with a citizen of Solomon Islands, it would be investigated jointly, but an incident between two Australian vehicles would be investigated by the Australians.

He said Australian forces would need to stick to their mandate amid the "highly politicised situation", and avoid being drawn into the internal politics.

Man ina suit at a podium addresses a room full of people.
Protesters are calling on Solomon Islands' Prime Minister Manasseh Sogavare to resign.(Reuters: Eduardo Munoz)

He added that diplomats on the ground would be "fundamental to the success of this".

"I think there will be very high expectations on the part of members of the general public … perhaps unrealistically high expectations, that the deployment can be some sort of short circuit to solve problems," he said.

"And that's not going to be the case. [The] Solomons has got long-standing and deep-seated problems, and they're going to have to be worked through."

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2021-11-26 18:09:25Z
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