Provisional Understanding between the Government of the Republic of Indonesia and the Leadership of the Free Aceh Movement

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Country/entity: Indonesia
Aceh
Region: Asia and Pacific
Agreement name: Provisional Understanding between the Government of the Republic of Indonesia and the Leadership of the Free Aceh Movement
Date: 9 Jan 2001
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: Joint Forum (Indonesian Government; Free Aceh Movement)
Third parties: Facilitator: Henry Dunant Centre (signatory)
Description: Agree body to take forward substantive negotiations, and agreed list of issues to be addressed (annex). Parties agree to moratorium on violence, as humanitarian pause due to expire.

Agreement document: ID_010109_Provisional_understanding.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: Groups→Elderly/age→Rhetorical
Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Registration of all eligible adult electors in accordance with agreed standards;
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Page 1, II. The two parties came to a provisional understanding on the following:
... d. Noting that the Humanitarian Pause for Aceh (HP) expires on 15 January 2001, they have decided to establish a one month moratorium to stop violence, as of 15 January 2001, during which they will establish effective mechanisms for the following:
... ii. A mechanism will be created for democratic consultations in Aceh on substantive issues. The Parties will each appoint an equal number of members to a joint committee, developed from the existing joint committees structures (of the JoU). This joint committee will organize a series of fora on various substantive issues, and invite various representatives and leaders of Acehnese society to participate.
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: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Freedom of expression for all non-violent political opinions, including independence, autonomy and other views;
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 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
Democratic consultations;
Free and fair elections for Aceh government;
... An independent electoral commission acceptable to both sides;
Registration of all eligible adult electors in accordance with agreed standards;
Monitoring of the electoral process by independent and impartial bodies;
Electoral commission: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
Democratic consultations;
Free and fair elections for Aceh government;
... An independent electoral commission acceptable to both sides;
Registration of all eligible adult electors in accordance with agreed standards;
Monitoring of the electoral process by independent and impartial bodies;
Political parties reform: Governance→Political parties reform→Other political parties reform
Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Arrangements to ensure that non party candidates may participate or that locally-based parties may be organised in Aceh;
Civil society: Page 1, II. The two parties came to a provisional understanding on the following:
... d. Noting that the Humanitarian Pause for Aceh (HP) expires on 15 January 2001, they have decided to establish a one month moratorium to stop violence, as of 15 January 2001, during which they will establish effective mechanisms for the following:
... iii. HDC will continue to play a facilitating role for the above.
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: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Respect for rule of law and creation of a functioning justice system.

Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
... HUMAN RIGHTS and HUMANITARIAN LAW
Respect for human rights and humanitarian law by all parties;
Full and transparent investigation of past and present violations of human rights with due process of law and bringing perpetrators to justice;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Freedom of association
Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Freedom of assembly including the right to peaceful demonstrations;
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Freedom of expression for all non-violent political opinions, including independence, autonomy and other views;
Human rights and equality→Civil and political rights→Other
Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Freedom to conduct a political campaign without intimidation;
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, II. The two parties came to a provisional understanding on the following:
a. A commitment to the basic principles of using only non-violent means to achieve political objectives and to seeking a peaceful and democratic resolution to the conflict.

Page 1, II. The two parties came to a provisional understanding on the following:
... d. Noting that the Humanitarian Pause for Aceh (HP) expires on 15 January 2001, they have decided to establish a one month moratorium to stop violence, as of 15 January 2001, during which they will establish effective mechanisms for the following:
... ii. A mechanism will be created for democratic consultations in Aceh on substantive issues. The Parties will each appoint an equal number of members to a joint committee, developed from the existing joint committees structures (of the JoU). This joint committee will organize a series of fora on various substantive issues, and invite various representatives and leaders of Acehnese society to participate.

Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
Democratic consultations;
... Conditions under which GAM would transform their means of achieving their political objectives in a democratic way;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
... HUMAN RIGHTS and HUMANITARIAN LAW
... Free and safe access for all local and international humanitarian workers to those in need.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SOCIO-ECONOMIC DEVELOPMENT
Reconstruction of properties, in particular schools and houses, damaged or destroyed during the conflict;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SOCIO-ECONOMIC DEVELOPMENT
... Development of human resources (including, for example, encouragement of companies investing in Aceh to employ local workers and, where skills are not available locally, train local workers, particularly for the oil and gas industry);
Encouragement of new investment in a peaceful and stable Aceh;

Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SECURITY ARRANGEMENTS
... Security arrangements for vital projects, including, for example, the Exxon-Mobil complex.
Taxation: Socio-economic reconstruction→Taxation→Reform of taxation
Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SOCIO-ECONOMIC DEVELOPMENT
... Measures to ensure equitable distribution of revenue and resources;
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: Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SOCIO-ECONOMIC DEVELOPMENT
... The environmental effects of development, and, in particular, reforestation, forest reserves, penalties for pollution, and strict regulation of the disposal of industrial waste.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, II. The two parties came to a provisional understanding on the following:
... c. To pursue and deepen the process of dialogue in order to find a solution to the conflict. In this regard, both parties have agreed to meet on 12-14 February 2001 in Switzerland to discuss and agree upon new security arrangements as well as the process for continued political dialogue.

Page 1, II. The two parties came to a provisional understanding on the following:
... d. Noting that the Humanitarian Pause for Aceh (HP) expires on 15 January 2001, they have decided to establish a one month moratorium to stop violence, as of 15 January 2001, during which they will establish effective mechanisms for the following:
i.New security arrangements will be formulated through consultations between the appropriate commanders of both Parties.

Page 1, II. The two parties came to a provisional understanding on the following:
... d. Noting that the Humanitarian Pause for Aceh (HP) expires on 15 January 2001, they have decided to establish a one month moratorium to stop violence, as of 15 January 2001, during which they will establish effective mechanisms for the following:
... iv. Finally, both sides have affirmed that adequate security will be provided for all people involved in any way with the HP.

Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SECURITY ARRANGEMENTS
... Prohibition of harassment or attack on any forces, or members thereof, not bearing or using their weapons;
Ceasefire: Security sector→Ceasefire→General commitments
Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SECURITY ARRANGEMENTS
Cessation of all forms of violence, threats of violence, intimidation, and destruction of property;
Cessation of any offensive actions;
Police: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Accountability of law enforcement agencies to the people;

Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SECURITY ARRANGEMENTS
... As violence diminishes, commensurate reduction from Aceh of non-organic forces under TNI or POLRI; reciprocal deactivation by GAM of a commensurate proportion of its forces, including by their returning to their home areas and their civilian occupations;
Cooperation between GAM, and TNI and POLRI on how to eliminate unidentified armed elements;
Armed forces: Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SECURITY ARRANGEMENTS
... As violence diminishes, commensurate reduction from Aceh of non-organic forces under TNI or POLRI; reciprocal deactivation by GAM of a commensurate proportion of its forces, including by their returning to their home areas and their civilian occupations;
Cooperation between GAM, and TNI and POLRI on how to eliminate unidentified armed elements;
DDR: Security sector→DDR→Demilitarisation provisions
Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SECURITY ARRANGEMENTS
... As violence diminishes, commensurate reduction from Aceh of non-organic forces under TNI or POLRI; reciprocal deactivation by GAM of a commensurate proportion of its forces, including by their returning to their home areas and their civilian occupations;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
DEMOCRATIC PROCESS
... Conditions under which GAM and supporters of independence may participate fully in the political process;
Conditions under which GAM would transform their means of achieving their political objectives in a democratic way;
Cooperation between GAM, and TNI and POLRI on how to eliminate unidentified armed elements;
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: Transitional justice→Courts→National courts
Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SECURITY ARRANGEMENTS
... Full investigation, disciplinary actions, and legal proceedings regarding any crime allegedly committed by members of the forces of the Parties;
Mechanism: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
... HUMAN RIGHTS and HUMANITARIAN LAW
... Creation of a truth and reconciliation commission;
Identification, accounting for, and reporting on all missing persons, using impartial forensic expertise;
Prisoner release: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
... HUMAN RIGHTS and HUMANITARIAN LAW
... Release of all detainees who have not been charged with a criminal offence;
Vetting: No specific mention.
Victims: Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
... HUMAN RIGHTS and HUMANITARIAN LAW
... Compensation to victims or families and provision for post-traumatic rehabilitation, counseling, and treatment;
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 2, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
... HUMAN RIGHTS and HUMANITARIAN LAW
... Compensation to victims or families and provision for post-traumatic rehabilitation, counseling, and treatment;
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: Page 1, II. The two parties came to a provisional understanding on the following:
... c. To pursue and deepen the process of dialogue in order to find a solution to the conflict. In this regard, both parties have agreed to meet on 12-14 February 2001 in Switzerland to discuss and agree upon new security arrangements as well as the process for continued political dialogue. They will constitute themselves as the Joint Council for Political Dialogue, which will meet regularly to reach agreement on substantive issues leading to a solution for the conflict in Aceh.

Page 3, Annex to the Provisional Understanding,
Indicative Elements for Discussion,
SECURITY ARRANGEMENTS
... Expansion of impartial monitoring teams to all affected districts of Aceh and their equipment with adequate logistics;
... Verification of all commitments by an impartial monitoring mechanism;
Related cases: No specific mention.
Source: Centre for Humanitarian Dialogue; http://www.hdcentre.org/fileadmin/user_upload/Our_work/Peacemaking/Aceh_Indonesia/Supporting_documents/Provisional-understanding-9-January-2001.pdf

Provisional understanding

Provisional Understanding between

the Government of the Republic of Indonesia and the Leadership of the Free Aceh Movement

Representatives of the Government of the Republic of Indonesia and the Leadership of the Free Aceh Movement met in Switzerland from

6 to 9 January 2001 for exploratory political talks.

This was the first such meeting on substantive issues as agreed to in the Joint Forum meeting of 23-24 September 2000.

The purpose of this exploratory meeting was to seek a formula for a lasting and comprehensive solution to the conflict in Aceh.

The two parties came to a provisional understanding on the following:

Acommitmenttothebasicprinciplesofusingonlynon-violentmeans to achieve political objectives and to seeking a peaceful and democratic resolution to the conflict.

Anindicativelistofelementstobeincludedintheformulaforsolutions (see Annex).

To pursue and deepen the process of dialogue in order to find a solution to the conflict.

In this regard, both parties have agreed to meet on 12-14 February 2001 in Switzerland to discuss and agree upon new security arrangements as well as the process for continued political dialogue.

They will constitute themselves as the Joint Council for Political Dialogue, which will meet regularly to reach agreement on substantive issues leading to a solution for the conflict in Aceh.

NotingthattheHumanitarianPauseforAceh(HP)expireson

15 January 2001, they have decided to establish a one month moratorium to stop violence, as of 15 January 2001, during which they will establish effective mechanisms for the following:

New security arrangements will be formulated through consultations between the appropriate commanders of both Parties.

A mechanism will be created for democratic consultations in Aceh on substantive issues.

The Parties will each appoint an equal number of members to a joint committee, developed from the existing joint committees structures (of the JoU).

This joint committee will organize a series of fora on various substantive issues, and invite various representatives and leaders of Acehnese society to participate.

HDC will continue to play a facilitating role for the above.

Finally, both sides have affirmed that adequate security will be

provided for all people involved in any way with the HP.

Switzerland, 9 January 2001

Annex to the Provisional Understanding

Indicative Elements for Discussion DEMOCRATIC PROCESS

Democratic consultations;

Free and fair elections for Aceh government;

An independent electoral commission acceptable to both sides;

Registration of all eligible adult electors in accordance with agreed

standards;

Monitoring of the electoral process by independent and impartial

bodies;

Arrangements to ensure that non party candidates may participate

or that locally-based parties may be organised in Aceh;

Freedom to conduct a political campaign without intimidation;

Freedom of expression for all non-violent political opinions, including

independence, autonomy and other views;

Freedom of assembly including the right to peaceful

demonstrations;

Conditions under which GAM and supporters of independence may

participate fully in the political process;

Conditions under which GAM would transform their means of

achieving their political objectives in a democratic way;

Accountability of law enforcement agencies to the people;

Respect for rule of law and creation of a functioning justice system.

HUMAN RIGHTS and HUMANITARIAN LAW

Respect for human rights and humanitarian law by all parties;

Full and transparent investigation of past and present violations of human rights with due process of law and bringing perpetrators to

justice;

Creation of a truth and reconciliation commission;

Identification, accounting for, and reporting on all missing persons,

using impartial forensic expertise;

Release of all detainees who have not been charged with a criminal

offence;

Compensation to victims or families and provision for post-traumatic

rehabilitation, counseling, and treatment;

Free and safe access for all local and international humanitarian

workers to those in need.

SOCIO-ECONOMIC DEVELOPMENT

Reconstruction of properties, in particular schools and houses, damaged or destroyed during the conflict;

Measures to ensure equitable distribution of revenue and resources;

Development of human resources (including, for example,

encouragement of companies investing in Aceh to employ local workers and, where skills are not available locally, train local workers, particularly for the oil and gas industry);

Encouragement of new investment in a peaceful and stable Aceh;

The environmental effects of development, and, in particular,

reforestation, forest reserves, penalties for pollution, and strict regulation of the disposal of industrial waste.

SECURITY ARRANGEMENTS

Cessation of all forms of violence, threats of violence, intimidation, and destruction of property;

Cessation of any offensive actions;

Building on and strengthening of existing Ground Rules;

As violence diminishes, commensurate reduction from Aceh of non-

organic forces under TNI or POLRI;

reciprocal deactivation by GAM of a commensurate proportion of its forces, including by their returning to their home areas and their civilian occupations;

Cooperation between GAM, and TNI and POLRI on how to eliminate unidentified armed elements;

Prohibition of harassment or attack on any forces, or members thereof, not bearing or using their weapons;

Expansion of impartial monitoring teams to all affected districts of Aceh and their equipment with adequate logistics;

Full investigation, disciplinary actions, and legal proceedings regarding any crime allegedly committed by members of the forces of the Parties;

Verification of all commitments by an impartial monitoring mechanism;

Security arrangements for vital projects, including, for example, the Exxon-Mobil complex.