The Moluccas Agreement in Malino ('Malino II')

Export agreement:

Export agreement coding (PDF)

Country/entity: Indonesia
Moluccas
Region: Asia and Pacific
Agreement name: The Moluccas Agreement in Malino ('Malino II')
Date: 12 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: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Moluccas peace process
Parties: thirty-five Christian and thirty-five Muslim delegates [signed]
Third parties: Indonesian Government, led by Coordinating Minister for People's Welfare Mr. Jusuf Kalla
Description: An 11-point joint declaration agreed to by both Christian and Muslim delegates, emphasizing a respect for cultural and religious heritage, an end to illegal armed groups, joint security patrols, the unity of Indonesia, a return of refugees, socio-economic reconstruction, the rule of law and fair recruiting practices at the Pattimura University.

Agreement document: ID_020214_Moluccas Agreement in Malino (Malino II).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 2, - to rehabilitate mental, social, economic and public infrastructures, particularly educational, health, religious, and housing facilities, supported by the Indonesian Government

Page 2, - to uphold good relationship and the harmony among all elements of believers in the Moluccas, all efforts of evangelism must highly honor the diversity and acknowledge local culture
Groups→Religious groups→Other
Page 2, - to establish a national independent investigation team to investigate among others, the tragic incident on January 19, 1999, ... Christian Republic of South Moluccas (Kristen Republik Maluku Selatan-Kristen RMS), jihad warrior (laskar jihad), Christ Warrior (laskar Kristus), coercive conversion, and human rights violation
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1, - to call for the voluntarily return of refugees to their homes, and the return of properties
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: Page 1, - that as part of the Unitary State of the Republic of Indonesia, the people of the Moluccas have the rights to stay and work legally and fairly in the Republic of Indonesia nationwide and vice versa, by respecting the local culture, law and order

Page 1, - to reject and oppose all kinds of separatist movements, among others the Republic of South Moluccas (RMS), that threaten the unity and sovereignty of the Unitary State of the Republic of Indonesia
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: No specific mention.
Traditional/religious leaders: Page 1, Minister Jusuf Kalla read the peace accord, a resolve encapsulated in their joint declaration known as the 11-point "The Moluccas Agreement in Malino", before local religious and tribal leaders at the end of the meeting, namely that the two sides have agreed:...

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...
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: Power sharing→Military power sharing→Proportionality
Page 2, In addition, the truce calls for the establishment of two joint commissions. One will monitor the law and order, and the other will oversee social and economic conditions. It also makes provision for the establishment of joint security patrols.

Human rights and equality

Human rights/RoL general: Page
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 2, - to support the rehabilitation of Pattimura University for common progress, as such, the recruitment system and other policies will be transparently implemented based on the principle of fairness while upholding the necessary standard.
Human rights and equality→Civil and political rights→Freedom of movement
Page 1, - that as part of the Unitary State of the Republic of Indonesia, the people of the Moluccas have the rights to stay and work legally and fairly in the Republic of Indonesia nationwide and vice versa, by respecting the local culture, law and order
Socio-economic rights: Human rights and equality→Socio-economic rights→Work
Page 1, - that as part of the Unitary State of the Republic of Indonesia, the people of the Moluccas have the rights to stay and work legally and fairly in the Republic of Indonesia nationwide and vice versa, by respecting the local culture, law and order

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
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: Page 2, Untitled Preamble, … The Moluccas violence started in January 1999 following a minor argument in the provincial capital of Ambon. A state of civil emergency was declared on the Moluccas and neighboring North Moluccas in June 2000, allowing the military and police to enforce curfews….
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→Socio-economic development
Page 2, In addition, the truce calls for the establishment of two joint commissions. One will monitor the law and order, and the other will oversee social and economic conditions. It also makes provision for the establishment of joint security patrols.
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, - to rehabilitate mental, social, economic and public infrastructures, particularly educational, health, religious, and housing facilities, supported by the Indonesian Government

Page 2, - to support the rehabilitation of Pattimura University for common progress, as such, the recruitment system and other policies will be transparently implemented based on the principle of fairness while upholding the necessary standard.
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→Intangible
Page 2, - to uphold good relationship and the harmony among all elements of believers in the Moluccas, all efforts of evangelism must highly honor the diversity and acknowledge local culture
Land, property and environment→Cultural heritage→Promotion
Page 1, - that as part of the Unitary State of the Republic of Indonesia, the people of the Moluccas have the rights to stay and work legally and fairly in the Republic of Indonesia nationwide and vice versa, by respecting the local culture, law and order
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, In addition, the truce calls for the establishment of two joint commissions. One will monitor the law and order, and the other will oversee social and economic conditions. It also makes provision for the establishment of joint security patrols.

Page 2, - to preserve law and order for the people in the area, it is absolutely necessary for the military and the police to maintain coordination and firmness in executing their function and mission. In line with this, a number of military and police facilities must be rebuild and re-equipped to enable them to function properly

Page 2, The Moluccas violence started in January 1999 following a minor argument in the provincial capital of Ambon. A state of civil emergency was declared on the Moluccas and neighboring North Moluccas in June 2000, allowing the military and police to enforce curfews.
Ceasefire: No specific mention.
Police: Page 1, - to abide by due process of law enforcement fairly, faithfully, honestly and impartially, supported by the communities. Therefore, the existing security officers are obliged to be professional in exercising their mission

Page 2, - to preserve law and order for the people in the area, it is absolutely necessary for the military and the police to maintain coordination and firmness in executing their function and mission. In line with this, a number of military and police facilities must be rebuild and re-equipped to enable them to function properly

Page 2, The Moluccas violence started in January 1999 following a minor argument in the provincial capital of Ambon. A state of civil emergency was declared on the Moluccas and neighboring North Moluccas in June 2000, allowing the military and police to enforce curfews.
Armed forces: Page 2, - to preserve law and order for the people in the area, it is absolutely necessary for the military and the police to maintain coordination and firmness in executing their function and mission. In line with this, a number of military and police facilities must be rebuild and re-equipped to enable them to function properly

Page 2, The Moluccas violence started in January 1999 following a minor argument in the provincial capital of Ambon. A state of civil emergency was declared on the Moluccas and neighboring North Moluccas in June 2000, allowing the military and police to enforce curfews.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1-2, - to ban and disarm illegal armed organizations, groups, or militias, in accordance with the existing law. Outsider parties that
disturbs the peace in the Moluccas will be expelled from the Moluccas
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, - to reject and oppose all kinds of separatist movements, among others the Republic of South Moluccas (RMS), that threaten the unity and sovereignty of the Unitary State of the Republic of Indonesia

Page 1-2, - to ban and disarm illegal armed organizations, groups, or militias, in accordance with the existing law. Outsider parties that disturbs the peace in the Moluccas will be expelled from the Moluccas

Page 2, - to establish a national independent investigation team to investigate among others, the tragic incident on January 19, 1999, the Moluccas Sovereign Front (Front Kedaulatan Maluku-FKM), Republic of South Moluccas (Republik Maluku Selatan-RMS), Christian Republic of South Moluccas (Kristen Republik Maluku Selatan-Kristen RMS), jihad warrior (laskar jihad), Christ Warrior (laskar Kristus), coercive conversion, and human rights violation
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: Page 2, - to establish a national independent investigation team to investigate among others, the tragic incident on January 19, 1999, the Moluccas Sovereign Front (Front Kedaulatan Maluku-FKM), Republic of South Moluccas (Republik Maluku Selatan-RMS), Christian Republic of South Moluccas (Kristen Republik Maluku Selatan-Kristen RMS), jihad warrior (laskar jihad), Christ Warrior (laskar Kristus), coercive conversion, and human rights violation
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: Truce calls for establishment of two joint commissions, one to monitor law and order, the other social and economic conditions. Also provision for joint security patrols.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/ID_020214_Moluccas%20Agreement%20in%20Malino%20%28Malino%20II%29.pdf

The Moluccas Agreement in Malino (Malino II) Signed to End Conflict and Create Peace in the Moluccas

On February 11-12, 2002, the Indonesian Government, led by Coordinating Minister for People's Welfare Mr. Jusuf Kalla, convened and mediated a meeting between the opposing Christian and Muslim factions from Indonesia's Moluccas province (which was known as the 'Spice Islands' during Dutch colonial rule) in Malino, South Sulawesi.

After two days of intense heart-to-heart talks, the two parties in conflict reached an agreement to end the three-year bloodshed, and to work together to maintain peace in the Moluccas.

The Agreement was signed by the two sides comprising of thirty-five Christian and thirty-five Muslim delegates.

When announcing the peace accord that was signed Tuesday, February 12, 2002, Coordinating Minister for People's Welfare Yusuf Kalla, who hosted the talks said, "both sides have agreed to end all conflicts and hostilities".

Minister Jusuf Kalla read the peace accord, a resolve encapsulated in their joint declaration known as the 11-point "The Moluccas Agreement in Malino", before local religious and tribal leaders at the end of the meeting, namely that the two sides have agreed:

- to end all conflicts and disputes

- to abide by due process of law enforcement fairly, faithfully, honestly and impartially, supported by the communities.

Therefore, the existing security officers are obliged to be professional in exercising their mission

- to reject and oppose all kinds of separatist movements, among others the Republic of South Moluccas (RMS), that threaten the unity and sovereignty of the Unitary State of the Republic of Indonesia

- that as part of the Unitary State of the Republic of Indonesia, the people of the Moluccas have the rights to stay and work legally and fairly in the Republic of Indonesia nationwide and vice versa, by respecting the local culture, law and order

- to ban and disarm illegal armed organizations, groups, or militias, in accordance with the existing law.

Outsider parties that

disturbs the peace in the Moluccas will be expelled from the Moluccas

- to establish a national independent investigation team to investigate among others, the tragic incident on January 19, 1999, the Moluccas Sovereign Front (Front Kedaulatan Maluku-FKM), Republic of South Moluccas (Republik Maluku Selatan-RMS), Christian Republic of South Moluccas (Kristen Republik Maluku Selatan-Kristen RMS), jihad warrior (laskar jihad), Christ Warrior (laskar Kristus), coercive conversion, and human rights violation

- to call for the voluntarily return of refugees to their homes, and the return of properties

- to rehabilitate mental, social, economic and public infrastructures, particularly educational, health, religious, and housing facilities, supported by the Indonesian Government

- to preserve law and order for the people in the area, it is absolutely necessary for the military and the police to maintain coordination and firmness in executing their function and mission.

In line with this, a number of military and police facilities must be rebuild and re-equipped to enable them to function properly

- to uphold good relationship and the harmony among all elements of believers in the Moluccas, all efforts of evangelism must highly honor the diversity and acknowledge local culture

- to support the rehabilitation of Pattimura University for common progress, as such, the recruitment system and other policies will be transparently implemented based on the principle of fairness while upholding the necessary standard.

In addition, the truce calls for the establishment of two joint commissions.

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

It also makes provision for the establishment of joint security patrols.

The Moluccas violence started in January 1999 following a minor argument in the provincial capital of Ambon.

A state of civil emergency was declared on the Moluccas and neighboring North Moluccas in June 2000, allowing the military and police to enforce curfews.

This peaceful agreement has been positively hailed by many parties, among others, the US Government.

On Monday, February 11, 2002, the spokesman of the State Department, Richard Boucher, said, "such dialogue is key to resolving the conflict in the Moluccas, and that the talks are an important step in Indonesia's efforts to end violence, re-establish the rule of law and provide for reconstruction in the troubled province".

Washington, D.C., 14 February 2002

Press and Information

The Embassy of the Republic of Indonesia Phone:

202-775-5337, 202-775-5295