Malino Declaration Signed by Two Warring Parties to End Conflict and Create Peace in Poso, Central Sulawesi ('Malino I')

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Country/entity: Indonesia
Moluccas
Region: Asia and Pacific
Agreement name: Malino Declaration Signed by Two Warring Parties to End Conflict and Create Peace in Poso, Central Sulawesi ('Malino I')
Date: 20 Dec 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: Inter-group
Peace process: Moluccas peace process
Parties: Christian (24) delegates, from province of Sulawesi;

Muslim delegates (25) led by Hawid Awaluddin, from province of Sulawesi,
Third parties: Convenor and Mediator: Indonesian Government led by Coordinating Minister for People's Welfare Mr. Jusuf Kalla;

Observers: Sulawesi Military Command, including several high-ranking officials of Sulawesi and Maj. Gen. Achmad Yahya, Chief of the Wirabuana Military Command
Description: Parties agree 10 point declaration ending hostilities, to abide by law enforcement, to reinstate property, repatriate refugees; the two factions agree to establish joint commissions on law and order, and economic development, to respect religious diversity.

Agreement document: ID_011220_Malino Declaration.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: Groups→Religious groups→Rhetorical
Page 1, ... - To respect one another in an attempt to create religious tolerance ...

Page 2, ... - To respect all faith followers to implement their respective religious practices and beliefs as stipulated by the Constitution. ...

Page 2, ... The violence in Poso first erupted in 1998. The violence had calmed but erupted again over the last two months. Scores of people have been killed and hundreds of houses and worships have been destroyed and burned. The Malino Declaration was the result of the fifth such peace meetings sponsored by the Indonesian Government in an effort to end conflict that brought them into a three-year feud. ...
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1, ... - To repatriate refugees to their respective original places ...
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): Page 1, ... - That Poso is an integral part of Indonesia's territory. Therefore, any Indonesians have the right to come and live peacefully in Poso by respecting the local habits and custom. ...
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: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: The two parties commit to work with the govt to disseminate the 10-point agmt to the grassroots community throughout Poso. The dissemination activities will be carried out by the officials at all levels in the Poso admin, starting with the regent, district head, village heads, other low-level bureacrats and assisted by the military.
Traditional/religious leaders: Page 1, ...The Declaration was signed by all those from the two sides who attended the Poso meeting, comprising of twenty-four Christian and twenty-five Muslims delegates...

Page 1, ... Minister Jusuf Kalla read the 10 point-agreement before local religious and tribal leaders at the end of the meeting, namely that the two sides have agreed:

Page 2, ... The two parties will work with the Government to immediate disseminate the 10-point agreement to the grass root community throughout Poso. The dissemination activities will be carried out by the officials at all levels in the Poso Administration, starting with the regent, district head, village heads, other low-level bureaucrats and assisted by the military.
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 1, ... - To abide by due process of law enforcement and support the Government's efforts to impose sanctions on any wrongdoers. ...
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Liberty and security of person
Page 1, ... - That Poso is an integral part of Indonesia's territory. Therefore, any Indonesians have the right to come and live peacefully in Poso by respecting the local habits and custom. ...
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, ... - To respect all faith followers to implement their respective religious practices and beliefs as stipulated by the Constitution. ...
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 2, ... The two parties will work with the Government to immediate disseminate the 10-point agreement to the grass root community throughout Poso. The dissemination activities will be carried out by the officials at all levels in the Poso Administration, starting with the regent, district head, village heads, other low-level bureaucrats and assisted by the military.
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
Page 1, ... - To request the state to take firm and impartial measures against any violators
- To maintain the peaceful situation, the two sides reject civil emergency status and interference from outsiders
State of emergency provisions: Page 1, Minister Jusuf Kalla read the 10 point-agreement before local
religious and tribal leaders at the end of the meeting, namely that
the two sides have agreed:
… - To maintain the peaceful situation, the two sides reject civil emergency status and interference from outsiders
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 2, ... - To rehabilitate, along with the Government, the economic assets and infrastructures of the area

Page 2, ... In addition, the two factions also agreed to establish two joint commissions. One will deal with law and order, and the other will oversee social and economic conditions.
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: Land, property and environment→Cultural heritage→Other
Page 1, ... - That Poso is an integral part of Indonesia's territory. Therefore, any Indonesians have the right to come and live peacefully in Poso by respecting the local habits and custom. ...
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, ... In addition, the two factions also agreed to establish two joint commissions. One will deal with law and order, and the other will oversee social and economic conditions.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 2, ... The two parties will work with the Government to immediate disseminate the 10-point agreement to the grass root community throughout Poso. The dissemination activities will be carried out by the officials at all levels in the Poso Administration, starting with the regent, district head, village heads, other low-level bureaucrats and assisted by the military.
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: Transitional justice→Reparations→Material reparations
Page 1, ... - To reinstate property to their rightful owners ...
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: The two factions agree to establish two joint commissions, one will deal with law and order, the other with social and economic conditions
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/ID_011220_Malino%20Declaration.pdf

Malino Declaration Signed by the Two Warring Parties to End Conflict and Create Peace in Poso, Central Sulawesi On December 19-20, 2001, the Indonesian Government, led by Coordinating Minister for People's Welfare Mr. Jusuf Kalla, convened and mediated a meeting between the two warring parties in Poso.

After two days of intense heart-to-heart talks, the two parties agreed to end their conflict and work together to maintain peace in Poso, Central Sulawesi, a resolve encapsulated in their joint declaration known as the 10-point "Malino Declaration".

The Declaration was signed by all those from the two sides who attended the Poso meeting, comprising of twenty-four Christian and twenty-five Muslims delegates.

Several high-ranking officials of Sulawesi and Maj.

Gen. Achmad Yahya, Chief of the Wirabuana Military Command, overseeing Sulawesi Province attended the meeting as observers.

Minister Jusuf Kalla read the 10 point-agreement before local religious and tribal leaders at the end of the meeting, namely that the two sides have agreed:

- To cease all conflicts and disputes

- To abide by due process of law enforcement and support the Government's efforts to impose sanctions on any wrongdoers.

- To request the state to take firm and impartial measures against any violators

- To maintain the peaceful situation, the two sides reject civil emergency status and interference from outsiders

- To respect one another in an attempt to create religious tolerance

- That Poso is an integral part of Indonesia's territory.

Therefore, any Indonesians have the right to come and live peacefully in Poso by respecting the local habits and custom.

- To reinstate property to their rightful owners

- To repatriate refugees to their respective original places

- To rehabilitate, along with the Government, the economic assets and infrastructures of the area

- To respect all faith followers to implement their respective religious practices and beliefs as stipulated by the Constitution.

In addition, the two factions also agreed to establish two joint commissions.

One will deal with law and order, and the other will oversee social and economic conditions.

The two parties will work with the Government to immediate disseminate the 10-point agreement to the grass root community throughout Poso.

The dissemination activities will be carried out by the officials at all levels in the Poso Administration, starting with the regent, district head, village heads, other low-level bureaucrats and assisted by the military.

The violence in Poso first erupted in 1998.

The violence had calmed but erupted again over the last two months.

Scores of people have been killed and hundreds of houses and worships have been destroyed and burned.

The Malino Declaration was the result of the fifth such peace meetings sponsored by the Indonesian Government in an effort to end conflict that brought them into a three-year feud.

Hawid Awaluddin, spokesman for the Muslim Group said that his side was prepared to make peace with their rivals.

The same commitment was also expressed by the spokesman for the Christian Group.

Minister Jusuf Kalla hailed the Malino Declaration and hoped that this truce will pave the way for a solid reconciliation between the two sides.

South Sulawesi Governor, HZB Palaguna said that the peace deal is the right step for the Government to stop the bloody clashes.

A member of the House of Representatives from Poso also praised the truce, highlighting the urgent need for establishing peace and order between the two groups.

The National Police Chief, Gen. Da'i Bachtiar believed that the Declaration was the reflection of the wish of Poso people to have a peaceful life as they had before the conflict began.

The Indonesian Government have been extremely distressed by the occurrence of renewed violence in Poso, since this kind of communal conflict undermines the very principle of "Unity in Diversity" upon which the Republic is founded.

When the violence broke out recently, the Government's immediate priority is to stop the violence, separate the warring communities, enforce and maintain peace and order.

This was done among others by the deployment of additional 2 military battalions and 2 police battalions into the conflict area, consisting of approximately 3.156 security personnel.

Equally important, the Government has conducted "sweeping operations" to disarm militiamen and fighters on both sides of the warring factions.

They have also undertaken measures to expel militiamen who had come from outside area, who were believed to have provoked the new round of conflict.

The Government is also providing financial assistance amounting to 100 billion Rupiah (US$ 10 million) to resettle displaced persons and for reconstruction purposes.

As a result of these combined political, security, and social-economic measures, the security condition in Poso is now under control and further violence has been deterred, but the Government continues to be vigilant.

The final good news is that as a result of the truce and peace declaration, Christmas went by peacefully and safely in Poso.

Washington, D.C., 28 December 2001

Press and Information

The Embassy of the Republic of Indonesia

Phone:

202-775-5337, 202-775-5295