Points for Further Consultation

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Country/entity: Indonesia
Aceh
Region: Asia and Pacific
Agreement name: Points for Further Consultation
Date: 3 Feb 2002
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Indonesian Conflicts (1976 - )
Aceh Conflict (1976 - )
After a decade of increasing grievances against the centralist tendencies of the Suharto-government, the Free Aceh Movement (GAM) started a military campaign in 1976 for the independence of the province in the far northeast of the Indonesian archipelago. After near defeat in 1979, GAM regained strength with Libyan support and the heaviest fighting occurred during the late 1980s when the Indonesian military intensified its violent counter-insurgency policies. The devastating tsunami in December 2004 effectively destroyed Aceh’s infrastructure and severely reduced the operational capabilities of GAM. This weakening led to a signed peace agreement in August 2005, facilitated by the Finish NGO CMI Peace Negotiations.

Indonesia-Moluccas Conflict (1999-2002)
The fall of Suharto in 1997 sparked off a number of conflicts across Indonesia. In the Moluccas region, the administrative division was divided into Moluccas and North Moluccas, thereby exacerbating a conflict characterised by communal and sectarian divisions. In part these divisions were a result of an official government transmigration programme running from late 1960s onwards that spurred conflict over resources, including land. Faith-based militias were generally responsible for the fighting from 1999 until 2002, including Laskar Jihad, and human rights abuses were committed by both sides. Opportunistic crime was also responsible for of the violence. The military campaign by Lashkar Islam was aimed to displacing Christian residents. One such event was the expulsion of the Christian residents of the Banda Islands in April 1999. The conflict ended with the signing of the Malino II Accord on 13 February 2002.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Indonesia-Aceh peace process
Parties: The Republic of Indonesia and the Free Aceh Movement
Third parties: -
Description: Short agreement wherein parties confirm the process and points of upcoming negotiations including an all-inclusive dialogue and a cessation of hostilities.

Agreement document: ID_030202_Points_For_further_Consultations.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: Page 1, Agreeing to use the NAD law as a starting point for discussions, the parties agree to a period of confidence building in which they will cease hostilities and then move towards democratic elections in Aceh in 2004;

Page 1, ... The parties agree to a period of confidence building in the following stages:
... 3. democratically elected government of Aceh through free and fair elections May 2004,
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 1, Agreeing to use the NAD law as a starting point for discussions, the parties agree to a period of confidence building in which they will cease hostilities and then move towards democratic elections in Aceh in 2004;
[Comment: The NAD law allows for regional autonomy for Aceh in internal affairs.]
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Respecting the desire of the people of Aceh to govern themselves peacefully;
Regretting the loss of human life in Aceh and recalling the need for all parties to respect human rights and humanitarian law at all times;
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Respecting the desire of the people of Aceh to govern themselves peacefully;
Regretting the loss of human life in Aceh and recalling the need for all parties to respect human rights and humanitarian law at all times;
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, Agreeing to use the NAD law as a starting point for discussions, the parties agree to a period of confidence building in which they will cease hostilities and then move towards democratic elections in Aceh in 2004;

Page 1, ... The parties agree to a period of confidence building in the following stages:
... 3. democratically elected government of Aceh through free and fair elections May 2004,
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, ... The parties agree to a period of confidence building in the following stages:
1. cessation of hostilities and all acts of violence in 2002,

Page 1, ... The parties agree to the following next steps:
1. to meet in 30-45 days to agree on a concrete steps for ensuring compliance for the effective and complete cessation of all hostilities,
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Centre for Humanitarian Dialogue; http://www.hdcentre.org/fileadmin/user_upload/Our_work/Peacemaking/Aceh_Indonesia/Supporting_documents/Points-for-further-consultations-1-August-2001.pdf

On 2-3 February 2002, the Henry Dunant Centre for Humanitarian Dialogue hosted positive and constructive deliberations on issues of concern to representatives of the Government of the Republic of Indonesia and the Free Aceh Movement.

Both parties agreed that further deliberation on the points outlined below is necessary.

Both parties also agreed to meet in the near future to review the findings of their respective deliberations.

Points for further consultations

Agreeing to use the NAD law as a starting point for discussions, the parties agree to a period of confidence building in which they will cease hostilities and then move towards democratic elections in Aceh in 2004;

Respecting the desire of the people of Aceh to govern themselves peacefully;

Regretting the loss of human life in Aceh and recalling the need for all parties to respect human rights and humanitarian law at all times;

Taking into consideration the 9 January 2001 provisional understanding between the Republic of Indonesia and the Free Aceh Movement;

The parties agree to a period of confidence building in the following stages:

1. cessation of hostilities and all acts of violence in 2002,

2. all-inclusive and transparent political dialogue for Aceh in 2002-3,

3. democratically elected government of Aceh through free and fair elections May 2004,

4. review of the process by the parties.

The parties agree to the following next steps:

1. to meet in 30-45 days to agree on a concrete steps for ensuring compliance for the effective and complete cessation of all hostilities,

2. to meet 30 days later to discuss the modalities of an all-inclusive transparent political dialogue for Aceh.