MoU between the Government of the Republic of Indonesia and the Free Aceh Movement

  • 87%
  • Implementation Score 
    after 10 years
Provisions in this Accord
Cease Fire

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

4. Security arrangements

4.1 All acts of violence between the parties will end latest at the time of the signing of this MoU.

Implementation History
2005

Full Implementation

Violations are rare; both sides have stopped fighting since the signing of the MoU. 1

  • 1. "Indonesia," Keesing's Record of World Events 51 (October 2005): 46883; “Aceh: So Far, So Good,” International Crisis Group Asia Briefing N°44 (Jakarta/Brussels) December 13, 2005.
2006

Full Implementation

There were no ceasefire violations reported.

2007

Full Implementation

There were no ceasefire violations reported.

2008

Full Implementation

There were no ceasefire violations reported.

2009

Full Implementation

There were no ceasefire violations reported.

2010

Full Implementation

There were no ceasefire violations reported.

2011

Full Implementation

There were no ceasefire violations reported.

2012

Full Implementation

There were no ceasefire violations reported.

2013

Full Implementation

There were no ceasefire violations reported.

2014

Full Implementation

There were no ceasefire violations reported.

Boundary Demarcation

MEMORANDUM OF UNDERTANDING (15 August, 2005)

1. Governing of Aceh

1.1 Law on the Governing of Aceh

1.1.4 The borders of Aceh correspond to the borders as of 1 July 1956.

Implementation History
2005

Minimum Implementation

Consultation occurred on the drafting of an autonomy bill which defined the border of Aceh as starting in mid-September. Three universities in Band Aceh worked on draft bills and the drafts were merged into a single document in December, which then was submitted to the provincial legislature. The Provincial legislature then formed an 18 member special committee to further refine the draft. The draft law recognizes the border of Aceh as of 1 July 1956.1

  • 1. "Aceh: So Far, So Good," International Crisis Group, Asia Briefing N°44, December 13, 2005.
2006

Full Implementation

The Aceh governance law that was ratified by the Indonesian House of Representatives (DPR) on 11 July 2006, clearly defined the boundaries of the province, as stipulated in the Memorandum of Understanding of 2005.2 The law received presidential assent on 11 November 2006 and went into effect. Article 3 of the law defines border of Aceh region as (a) towards the north is bordered by Malacca Strait; (b) towards the south is bordered by North Sumatra Province; (c) towards the east is bordered by Malacca Strait; and (d) towards the west is bordered by Indonesian Ocean. Demarcation of border of Aceh was consistent with the borders of Aceh as of 1 July 1956.

  • 2. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
2007

Full Implementation

Boundary demarcation provision of the MoU was implemented in 2006. No further development reported related to this particular issue.

2008

Full Implementation

While boundaries of Aceh were clearly defined in a law in 2006, a political movement was started in 2008 that called for the formation of new provinces in the central region and the south of Aceh.3 In August, governor of Aceh ruled out possibility of any break away of regions.4

  • 3. 'Breakaway bids test Aceh's post-tsunami peace deal," Christian Science Monitor, March 13, 2008.
  • 4. "Governor of Indonesia's Aceh rules out possibility of regions breaking away," BBC Monitoring Asia Pacific, August 7, 2008.
2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Electoral/Political Party Reform

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

1.2 Political participation

Implementation History
2005

Minimum Implementation

The draft autonomy bill which was initiated in September 2005 provided for the establishment of local political parties that would facilitate the process of transforming the GAM into a local political party.1 In December, the government of Indonesia was about to submit the draft law to the Indonesian parliament.2

  • 1. "Aceh: So Far, So Good," International Crisis Group Asia Briefing N°44, December 13, 2005
  • 2. "Controversy over drafting of constitution for Indonesia' Aceh continues," BBC Monitoring Asia Pacific, December 22, 2005.
2006

Intermediate Implementation

The draft bill was submitted to the parliament in January.3 and the bill was passed by the parliament on 11 June.4 As provided in the accord, new conventional identity cards were distributed before November elections.5 Just before the local elections, the bill received presidential assent and became a law. Provisions related to local political parties were discussed in Articles 78 and 79 of the law. The law also establishes an Independent Election Commission (KIP) and gives authority to require audit and announce the report on the donation of campaign fund.

As provided in the accord, elections took place on 11 December 2006. In the election, leader of Free Aceh Movement, Irawandi Yusuf won the elections and set to become the first elected governor of the province. Official results were set to be announced in January 2007.6

  • 3. "Indonesia submits draft law on Aceh to parliament," Agence France Presse, January 27, 2006.
  • 4. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
  • 5. "Indonesia's Aceh polls set to take place without foreign monitors," Agence France Presse, June 13, 2006.
  • 6. "Former Rebel Wins in Aceh's First Elections in Indonesia," Voice of America News, December 27, 2006.
2007

Intermediate Implementation

The Free Aceh Movement (GAM) established a political party called Aceh Party after clarifying the symbol and flag of the party, which initially matched that of GAM.7

  • 7. Ben Hillman, "Power-sharing and political party engineering in conflict-prone societies: the Indonesian experiment in Aceh," Conflict, Security & Development 20 (2012): 149-169, 2012.
2008

Intermediate Implementation

No further developments on political party and electoral reform in 2008.

2009

Full Implementation

The election for a provincial legislature took place on 9 April 2009 and the Aceh Party secured 46.01% votes, which gave them 33 seats out of 69 seats in the proportional system. Five other local parties did not meet the 5% threshold required by law to gain a seat.8

  • 8. Ibid; "Former rebel party looks likely to dominate Aceh parliament," Japan Economic Newswire, April 20, 2009.
2010

Full Implementation

No further developments related to political party and electoral reform reported.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Decentralization/Federalism

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

1. Governing of Aceh

1.1 Law on the Governing of Aceh

1.1.1 A new Law on the Governing of Aceh will be promulgated and will enter into force as soon as possible and not later than 31 March 2006.

1.1.2 The new Law on the Governing of Aceh will be based on the following principles:

Implementation History
2005

Minimum Implementation

Consultation on the drafting of an autonomy bill started in mid-September. The Provincial legislature had formed an 18 member special committee to further refine the draft bill, which was expected to be submitted to the Indonesian parliament in late 2005.1

  • 1. "Controversy over drafting of constitution for Indonesia' Aceh continues," BBC Monitoring Asia Pacific, December 22, 2005.
2006

Full Implementation

The draft bill was submitted to the parliament in January2 and the bill was passed by the parliament on 11 June.3 Under the new law, Aceh would enjoy greater self-governing powers.4

Aceh law has provisions for the economy of Aceh in terms of basic principle (Article 158) and the direction of the economy (Article 159). The law also provides autonomy on investment and trade (Article 163-167) including the establishment of the Sabang Free Trade and Free Port Zone and economic infrastructure.

The law gives Aceh its own executive, legislative and judiciary.

By signing presidential instruction (Inpres 15/2005) on 17 November 2005, representation of GAM in BRR, as provided in the Memorandum of Understanding, was formalized.6

  • 2. "Indonesia submits draft law on Aceh to parliament," Agence France Presse, January 27, 2006.
  • 3. 'Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
  • 4. "Keesing's Record of World Events," Indonesia 52 (July, 2006).
  • 6. "Office of the United Nations Recovery Coordinator For Aceh And Nias,"Humanitarian and Recovery Update – Aceh & Nias," November 16 -December 15, 2005.
2007

Full Implementation

Autonomy provision of the MoU was implemented in 2006. No further developments available.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Truth or Reconciliation Mechanism

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

2. Human Rights

2.3 A Commission for Truth and Reconciliation will be established for Aceh by the Indonesian Commission of Truth and Reconciliation with the task of formulating and determining reconciliation measures.

Implementation History
2005

Minimum Implementation

The draft autonomy bill which was initiated in September 2005 provided for the establishment of a truth and reconciliation commission. In December, the government of Indonesia was planning to submit the draft law to the Indonesian parliament.1

  • 1. "Controversy over drafting of constitution for Indonesia' Aceh continues," BBC Monitoring Asia Pacific, December 22, 2005.
2006

Minimum Implementation

The draft bill was submitted to the parliament in January2 and the bill was passed by the parliament on 11 June.3 As provided in the accord, Article 229 of the law provided for the establishment of the Commission for Truth and Reconciliation. The law also had the option to use indigenous principles to settle human rights violation cases.

Despite the bill, the commission was not established in 2006. In late 2006 the Constitutional Court in Jakarta over-ruled national legislation establishing the national TRC, citing concerns about provisions for amnesty and legal impunity for perpetrators of gross abuses.4

  • 2. "Indonesia submits draft law on Aceh to parliament," Agence France Presse, January 27, 2006.
  • 3. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
  • 4. Aguswandi and Judith Large, “Reconfiguring politics: the Indonesia – Aceh peace process,” Accord 20 (2008), accessed May 1, 2010, http://www.c-r.org/our-work/accord/aceh/contents.php.
2007

Minimum Implementation

 The Commission on Truth and Reconciliation was not established in Aceh.

2008

Minimum Implementation

No further developments occurred this year.

2009

Minimum Implementation

No further developments occurred this year.

2010

Minimum Implementation

No further developments occurred this year.

2011

Minimum Implementation

No further developments occurred this year.

2012

Minimum Implementation

No further developments occurred this year.

2013

Minimum Implementation

Despite the ruling of the Court in 2006, Aceh’s parliament attempted again to establish the truth commission via legislation passed on 27 December 2013.5

2014

Minimum Implementation

Amnesty International reports that the "Aceh Truth and Reconciliation by-law (qanun) passed in December 2013 was not implemented. No progress was reported on a new law on a national Truth and Reconciliation Commission."6

Dispute Resolution Committee

MEMORANDUM OF UNDERSTANDING

(15 AUGUST 2005)

Article 8: Joint Council

Implementation History
2005

Intermediate Implementation

A Joint Council comprising the most senior representatives of the GOI, GAM, and the third party (HDC) was established in 2000. This was a council of experts on Aceh and they met on a daily basis.1

The Joint Council continued to exist after the parties signed the MoU in 2005. However, it is not clear how often the Joint Council met after the accord was signed and whether the Joint Council resolved any disputed issues. 

  • 1. Timo Kimivaki and David Gorman, "Non-Governmental Actors in Peace Processes: The Case of Aceh, Centre for Humanitarian Dialogue," (Geneva, Switzerland, 2008).
2006

Intermediate Implementation

No further development on Joint Council is available. 

2007

Intermediate Implementation

No further developments occurred this year.

2008

Intermediate Implementation

No further developments occurred this year.

2009

Intermediate Implementation

No further developments occurred this year.

2010

Intermediate Implementation

No further developments occurred this year.

2011

Intermediate Implementation

No further developments occurred this year.

2012

Intermediate Implementation

No further developments occurred this year.

2013

Intermediate Implementation

No further developments occurred this year.

2014

Intermediate Implementation

No further developments occurred this year.

Judiciary Reform

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

1.4 Rule of law

1.4.3 An independent and impartial court system, including a court of appeals, will be established for Aceh within the judicial system of the Republic of Indonesia.

Implementation History
2005

Minimum Implementation

An independent and impartial court system for Aceh was one of the crucial provisions of the 2005 Memorandum of Understanding. In this regard, the establishment of an independent court was to be dealt with in the autonomy bill which was drafted and submitted to the Indonesian government; the Indonesian government was about to submit it to the parliament in late 2005.1

  • 1. "Controversy over drafting of constitution for Indonesia' Aceh continues," BBC Monitoring Asia Pacific, December 22, 2005.
2006

Full Implementation

The judiciary reform provision was implemented in 2006. The draft bill was submitted to the parliament in January2 and the bill was passed by the parliament on 11 June.3 The bill came into effect on 1 August 2006 and provided for the establishment of the Syar’iyah Court and District/City Syar’iyah Court, which were recognized as the executors of judiciary authority on issues related to religion (Article 15). Nevertheless, only the Muslims in Aceh are subject to such a court system (Article 126).

  • 2. "Indonesia submits draft law on Aceh to parliament," Agence France Presse, January 27, 2006.
  • 3. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Military Reform

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

3.2 Reintegration into Society

3.2.7 GAM combatants will have the right to seek employment in the organic police and organic military forces in Aceh without discrimination and in conformity with national standards.

Implementation History
2005

No Implementation

That only military forces from Aceh could be stationed in Aceh during peacetime and that Indonesian forces would provide foreign defense were the central military reforms in the MoU. The Accord acknowledges the rights of GAM combatants to seek employment in the organic police and military forces without discrimination. It does not guarantee positions, and it is not clear whether GAM members sought such employment.

No developments were reported in 2005.

2006

Full Implementation

With the enactment of the Law on Governing Aceh, the provisions related to the external defense of Aceh and the legal framework for the stationing of troops was put into place.

No reports were found of any trials of military persons in civilian courts. According to the State Department’s Human Rights Report, 44 civilians and 37 Aceh Liberation Movement (GAM) members were killed just before the signing of the MoU in August 2005. The government did not investigate the incidents for military involvement.1

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Police Reform

MEMORANDUM OF UNDERSTANDING (15 AUGUST, 2005)

1.4 Rule of law

Implementation History
2005

No Implementation

As the draft bill on Aceh’s autonomy was still in progress, no implementation information on police reform was available. Nevertheless, the draft bill was expected to be introduced to the Indonesian parliament by December 2005.

2006

Full Implementation

The Indonesian parliament passed the draft bill on 11 June. The Law on Governing Aceh provided for Aceh’s own organic police force (Articles 204-207). The law provided a selection process as well as certain qualifications required for recruitment.1 The MoU acknowledged the rights of GAM combatants to seek employment in the organic police forces without discrimination. It is not clear, however, whether the GAM members sought employment in the Aceh’s police force.

In terms of providing training, the International Organization for Migration had a program to support the Indonesian National Police (INP) Reform Program, with support from the European Union. The program started in 2006 and ended in 2012. Part of the program involved police reform in Aceh which involved community policing, human rights and professional training.2

  • 1. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
  • 2. "Press Release: IOM Support to the Indonesian National Police Reform Program Funded by European Union(2006 – 2012) Draws to a Close," last modified July 11, 2012, accessed March 26, 2013, http://eeas.europa.eu/delegations/indonesia/documents/press_corner/20120... "Aceh: A New Chance for Peace," International Crisis Group Asia Briefing N°40, August 15, 2005.
2007

Full Implementation

No developments observed this year.

2008

Full Implementation

No developments observed this year.

2009

Full Implementation

No developments observed this year.

2010

Full Implementation

No developments observed this year.

2011

Full Implementation

No developments observed this year.

2012

Full Implementation

The International Organization for Migration’s program ended.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Demobilization

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

4. Security arrangements

4.2 GAM undertakes to demobilise all of its 3000 military troops. GAM members will not wear uniforms or display military insignia or symbols after the signing of this MoU.

Implementation History
2005

Full Implementation

In October 2005, GAM created a new National Assembly (Majelis Nasional) in Banda Aceh as its supreme political authority, as well as the Aceh Transition Committee (KPA) to supervise the demobilization of combatants.1 By the end of 2005, 3,000 GAM combatants were demobilized and the military wing was dissolved.2

As stipulated in the MoU, demobilization of Indonesian military and police and reduce their presence to 14,700 and 9,100, respectively. A total of 31,681 military and police personnel were demobilized from Aceh or redeployed in four different phases that took place in September, October, November and December of 2005.3

  • 1. Guswandi and Judith Large, “Reconfiguring politics: the Indonesia – Aceh peace process,” Accord 20 (2008):101, accessed May 1, 2010, http://www.c-r.org/our-work/accord/aceh/contents.php.
  • 2. "Indonesia: Free Aceh Movement announces dissolution of military wing," BBC Monitoring Asia Pacific, December 27, 2005.
  • 3. Christine Beeck, "Re-Paving the Road to Peace: Analysis of the Implementation of DD&R in Aceh Province, Indonesia," Bonn: BICC Brief No. 35 (2007), accessed March 27, 2013, http://www.bicc.de.
2006

Full Implementation

All GAM combatants were completely demobilized in 2005.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Disarmament

MEMORANDUM OF UNDERSTANDING (15 AUGUST, 2005)

3.1 Amnesty

3.1.4 Use of weapons by GAM personnel after the signature of this MoU will be regarded as a violation of the MoU and will disqualify the person from amnesty.

4. Security arrangements

Implementation History
2005

Full Implementation

Following the MoU, the European Commission decided to establish the Aceh Monitoring Mission starting 15 September 2005. As specified in the MoU, the AMM was responsible for monitoring the demobilization of GAM combatants and decommissioning their weapons, the relocation of organic military and non-organic police troops, the reintegration of GAM members, and the human rights situation, among other things. The mission was initially launched for six months. It had 80 monitors on the ground.1

By the end of the year, the GAM handed over 1,011 weapons to the AMM during the decommissioning process. Of those weapons provided, only 840 were recognized.2

On 23 December 2005, the AMM issued a press advisory suggesting that the formal process of disarmament and decommissioning of weapons had been completed.3

  • 1. "EU Monitoring Mission In Aceh (Indonesia) – Background," European Union Council Secretariat (ACEH/07), December 15, 2006.
  • 2. "Indonesia: Free Aceh Movement announces dissolution of military wing," BBC Monitoring Asia Pacific, December 27, 2005.
  • 3. "Towards a Weapon Free Aceh, Public Announcement," Aceh Monitoring Mission, last modified December 22, 2005, accessed March 27, 2013, http://www.aceh-mm.org.
2006

Full Implementation

GAM surrendered and decommissioned its weapons in 2005.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Reintegration

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

3.2 Reintegration into society

Implementation History
2005

Minimum Implementation

As per the MoU, along with prisoners and victims, 3,000 GAM combatants were expected to go through a reintegration program. The reintegration program for combatants was not established. As provided, the AMM was established in September 2005. Among other responsibilities, the AMM monitored the reintegration process. The AMM established the multiparty mechanism, the Commission on Security Arrangements (COSA), to deal with issues related to the peace process. In the COSA meeting in October, GAM and the government reached an agreement on the disbursement of payments to GAM regional commanders, who in turn would distribute the money. According to a report, the government made two rounds of payments to GAM for the short-term reintegration of GAM combatants.1 The long-term reintegration would involve access to suitable farmland.

  • 1. "Aceh: So Far, So Good," International Crisis Group Asia Briefing N°44, December 13, 2005.
2006

Intermediate Implementation

In February 2006 the National Reintegration Agency (Badan Reintegrasi Aceh, BRA) was established by another governor decree to oversee the reintegration process and Forbes Bersama was integrated into the BRA. After the creation of BRA, ex-GAM combatants received reintegration packages. Empowerment projects were also funded.2

No concrete steps on the distribution of farm lands to ex-combatants were observed.

  • 2. "Aceh: Now for the Hard Part," International Crisis Group Asia Briefing N°48, March 29, 2006.
2007

Intermediate Implementation

The government ran a reintegration program through BRA. While combatants received short-term reintegration support, including projects for empowerment, farming land was not given.

2008

Intermediate Implementation

No further developments observed.

2009

Intermediate Implementation

No further developments observed.

2010

Intermediate Implementation

No further developments observed.

2011

Intermediate Implementation

No further developments observed.

2012

Intermediate Implementation

No further developments observed.

2013

Intermediate Implementation

No further developments observed.

2014

Intermediate Implementation

No further developments observed.

Prisoner Release

MEMORANDUM OF UNDERSTANDING 15 AUGUST, 2005

3.1 Amnesty

3.1.2 Political prisoners and detainees held due to the conflict will be released unconditionally as soon as possible and not later than within 15 days of the signature of this MoU.

3.2 Reintegration into society

Implementation History
2005

Full Implementation

As required by the MoU, the Indonesian government immediately started the process of releasing rebel prisoners. As of 30 August, more than 70 rebels were released, of which four were senior GAM leaders.1 More than 1400 prisoners were released on 31 August 2005.2

Altogether, the government released 1,425 GAM members from prison across Java and Sumatra. The European Union provided €4 million in financial support for the reintegration of former prisoners into civilian lives. From support provided by international donors, the government provided immediate “reinsertion” support of €200, along with other necessities and transportation to return to their communities. The released prisoners were also eligible for further financial support before the long term reintegration aid became available.3

  • 1. "Indonesia Frees Rebel Prisoners from Aceh," Associated Press, August 30, 2005.
  • 2. "Indonesia releases Aceh rebel prisoners as stipulated in peace deal," Associated Press, August 31, 2005.
  • 3. "Aceh: So Far, So Good," International Crisis Group Asia Briefing N°44, December 13, 2005; "EU offers 4 million euros to fund former Aceh rebel prisoners," Xinhua General News Service, September 9, 2005.
2006

Full Implementation

While prisoners were released, the government has yet to implement the long term reintegration of ex-prisoners. As of now, the government is discussing a program that would allocate 2 hectares of land. The program gives the prisoners the rights to use the land for 75 years, but not the land title. The land distribution is said to start in 2013.4

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Human Rights

Memorandum of Understanding

15 AUGUST, 2005

1.4 Rule of law

1.4.2 The legislature of Aceh will redraft the legal code for Aceh on the basis of the universal principles of human rights as provided for in the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.

2. Human rights

Implementation History
2005

No Implementation

While the draft bill on Aceh was in process, including human rights provisions, such as the establishment of a Human Rights Court for Aceh, the bill was yet to be introduced to Indonesia’s legislative assembly. Indonesia also did not ratify the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights in 2005.

2006

Intermediate Implementation

On 23 Feb 2006, Indonesia ratified the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights as provided in the MoU.1

The draft bill was submitted to the parliament in January (Source: Indonesia submits draft law on Aceh to parliament, Agence France Presse, 27 January 2006).The bill was passed by the parliament on 11 June. The law includes provisions (Articles 227-231) such as the establishment of a Human Rights Court for Aceh, but the law stipulated that the Human Rights Court could only hear cases where violence occurred after the law was passed. In other words, the HRC cannot hear cases from the war, which was the intention of the court.2

  • 1. "United Nations Treaty Collection," United Nations, accessed March 28, 2013, http://treaties.un.org.
  • 2. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
2007

Intermediate Implementation

A Human Rights Court for Aceh was never established.

2008

Intermediate Implementation

No further developments observed.

2009

Intermediate Implementation

No further developments observed.

2010

Intermediate Implementation

No further developments observed.

2011

Intermediate Implementation

No further developments observed.

2012

Intermediate Implementation

No further developments observed.

2013

Intermediate Implementation

No further developments observed.

2014

Intermediate Implementation

No further developments observed.

Amnesty

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

3. Amnesty and reintegration into society

3.1 Amnesty

3.1.1 GoI will, in accordance with constitutional procedures, grant amnesty to all persons who have participated in GAM activities as soon as possible and not later than within 15 days of the signature of this MoU.

Implementation History
2005

Full Implementation

As soon as the MoU was signed, the Indonesian government discussed amnesty for Aceh’s GAM rebels. It was reported that the government leaders met with the members of the House of Representatives for the approval of amnesty.1

As planned, the amnesty was announced on 30 August 2005 by a presidential decree. The general amnesty restored the social, political, economic and other rights of GAM leaders and members.2 

  • 1. "Indonesian lawmakers discuss amnesty for nearly 1,500 Aceh rebels," Deutsche Presse-Agentur, August 24, 2005.
  • 2. "Indonesia announces amnesty for Aceh rebels," Agence France Presse, August 30, 2005.
2006

Full Implementation

The amnesty provision of the accord was implemented in 2005. No further development on this topic is available. 

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Citizenship Reform

MEMORANDUM OF UNDERSTANDING (15 AUGUST, 2005)

3.2 Reintegration into society

3.2.2 Persons who during the conflict have renounced their citizenship of the Republic of Indonesia will have the right to regain it.

Implementation History
2005

Full Implementation

As per Indonesian citizenship law, Indonesian nationals could not hold dual nationality. Also, GAM activists could not return to Indonesia until the government gave them amnesty. After GAM leaders and activists were granted amnesty in August 2005 as provided in the MoU, those who renounced their citizenship could regain it after signing a form prepared by the justice ministry.1

  • 1. "Indonesia's president to issue amnesty for Aceh rebels this week,” Agency France Press, August 29, 2005; "Peace plan frees 1400 Aceh rebels," The Australian, September 1, 2005.
2006

Full Implementation

The citizenship provision in the accord was implemented in 2005. 

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Official Language and Symbol

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

1. Governing of Aceh

1.1 Law on the Governing of Aceh

1.1.5 Aceh has the right to use regional symbols including a flag, a crest and a hymn.

Implementation History
2005

Minimum Implementation

Revising the regional symbol, crest and a hymn was to be part of the Law on Governing Aceh, which was in the draft stage in 2005. The drafting process started in September 2005 and the government of Indonesia was about to submit the draft law to the Indonesian parliament.1 

  • 1. "Controversy over drafting of constitution for Indonesia' Aceh continues," BBC Monitoring Asia Pacific, December 22, 2005.
2006

Intermediate Implementation

The draft bill was submitted to the parliament in January2 and the bill was passed by the parliament on 11 June.3 Chapter 36 of the Law (Articles 246 to 248) dealt with flag, a crest and a hymn. The flag was said to be stipulated by a law, which did not happen in 2006. 

  • 2. "Indonesia submits draft law on Aceh to parliament," Agence France Presse, January 27, 2006.
  • 3. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
2007

Intermediate Implementation

While the provision to implement a crest and a hymn moved smoothly, the issue of the flag dragged on. No updates were reported this year. 

2008

Intermediate Implementation

No developments observed this year.

2009

Intermediate Implementation

No developments observed this year.

2010

Intermediate Implementation

No developments observed this year.

2011

Intermediate Implementation

No developments observed this year.

2012

Intermediate Implementation

No developments observed this year.

2013

Full Implementation

Finally, in 2013, the house of representative of Aceh (DPRA) decided on a flag. The star flag was controversial because it was similar to GAM’s flag during the conflict. As of 1 April 2013, the Indonesian government had sent its minister to Aceh to dissuade Aceh officials from adopting the flag.4

  • 4. "Yudhoyono Not a Fan of Aceh Flag," Jakarta Globe, April 1, 2013.
2014

Full Implementation

No further developments observed.

Cultural Protections

MEMORANDUM OF UNDERSTANDING (15 AUGUST, 2005)

1. Governing of Aceh

1.1 Law on the Governing of Aceh

1.1.6 Kanun Aceh will be re-established for Aceh respecting the historical traditions and customs of the people of Aceh and reflecting contemporary legal requirements of Aceh.

Implementation History
2005

Full Implementation

After the MoU was signed, the GAM proposed Teungku Hasan Tiro as Aceh province's Wali Nanggroe – or as the guardian of the land. Mr. Tiro was in exile.1

This position has a lot of symbolic importance reflecting Acehnese’s cultural and religious heritage. Therefore, in the Law Governing Aceh, the province's Wali Nanggroe was made in Article 1.17 as the institution to “preserve the instrument of indigenous life of customs and culture.” Article 96 and 97 deal with this institution in details. Similarly, in Article 1.21 the Aceh Qanun or Kanun Aceh (Islamic law) related provision was accepted as part of the culture.

  • 1. "Indonesia Aceh separatists back exiled Hasan Tiro as life-long "guardian"," BBC Monitoring Asia Pacific, October 16, 2005.
2006

Full Implementation

No further developments observed.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Media Reform

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

5. Establishment of the Aceh Monitoring Mission

5.15 In order to facilitate transparency, GoI will allow full access for the representatives of national and international media to Aceh.

Implementation History
2005

Full Implementation

From the beginning of the peace process, national and international media had access to the Aceh peace process and its leaders. It was reported that the media had access to the Aceh Monitoring Mission and the decommissioning of weapons, demobilization of GAM combatants, and their reintegration.1

  • 1. Cristine Beek, "Re-Paving the Road to Peace: Analysis of the Implementation of DD&R in Aceh Province," Bonn International Center for Conversion Brief No. 35 (June 2007): 28.
2006

Full Implementation

No further developments observed.

2007

Full Implementation

No further developments observed.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Reparations

MEMORANDUM OF UNDERSTANDING (15 AUGUST, 2005)

3.2 Reintegration into society

c) All civilians who have suffered a demonstrable loss due to the conflict will receive an allocation of suitable farming land, employment or, in the case of incapacity to work, adequate social security from the authorities of Aceh.

Implementation History
2005

Minimum Implementation

While the MoU provided compensation to victims for loss or injury (combatants), no such program was established for farm land or social security

2006

Minimum Implementation

No developments observed this year.

2007

Minimum Implementation

No developments observed this year.

2008

Minimum Implementation

No developments observed this year.

2009

Minimum Implementation

No developments observed this year.

2010

Minimum Implementation

No developments observed this year.

2011

Minimum Implementation

No developments observed this year.

2012

Minimum Implementation

No developments observed this year.

2013

Minimum Implementation

In 2013, the issue is still being discussed and the government is considering a program that would allocate 2 hectares of land to victims and those who were imprisoned or were GAM combatants. The program gives the right to use the land for 75 years but not the land title. The land distribution is said to start in 2013.1

2014

Minimum Implementation

No developments observed this year.

Economic and Social Development

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

1.3 Economy

1.3.1 Aceh has the right to raise funds with external loans. Aceh has the right to set interest rates beyond that set by the Central Bank of the Republic of Indonesia.

Implementation History
2005

Minimum Implementation

Parties worked on Aceh’s law to institutionalize the economic and social provision of the MoU. As of December 2005, the parties had the draft law ready. It was expected that the Indonesian government would submit the draft law to the parliament for its approval.1 In terms of ensuring post-conflict rebuilding, the GAM had its representatives in BRR, which was responsible for post-tsunami economic reconstruction.2 

  • 1. "Controversy over drafting of constitution for Indonesia' Aceh continues," BBC Monitoring Asia Pacific, December 22, 2005.
  • 2. "Peace in Aceh one year after tsunami, unrest persists in Sri Lanka," Agence France Presse, December 21, 2005.
2006

Full Implementation

The draft bill was submitted to the parliament in January3 and the bill was passed by the parliament on 11 June.4 As Aceh gained autonomous status through the enactment of the law, Aceh had more control over its economy. In this regard, Articles 156 through 162 of the law clearly outlined issues related to natural resources (oil and gas, forestry, fisheries and general mining), their management, and revenue sharing.  According to the law, Aceh will have control over 70% of the revenue from the province’s oil and gas production, and receive an extra 2% allocation from the national budget for 20 years of reconstruction. Aceh will have 80% of its revenues from forestry, fisheries and general mining.5

Articles 163 to 166 discuss the trade and investment issues that allow Aceh and its residents to have free trade within the country, organize business associations, conduct business and investment internally and internationally. It includes the Aceh government’s authority to issue various licenses based on nationally applicable norms, standards, procedures and criteria.

The law also provided for the establishment of the Sabang Free Trade and Free Port Zone (Articles 167-170), utilization of the land (Article 172), rebuilding of the economic infrastructure (Articles 172 and 173), and the protection and welfare of workers (Articles 174 to 177). The law also provides reliable revenue for Aceh’s economic and social programs and management of its finances.

  • 3. "Indonesia submits draft law on Aceh to parliament," Agence France Presse, January 27, 2006.
  • 4. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
  • 5. "Indonesia enacts law on Aceh governance despite dissatisfaction," Japan Economic Newswire, July 11, 2006.
2007

Full Implementation

With the implementation of the Law in 2006, economic and social provisions of the accord were implemented.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Detailed Implementation Timeline

Memorandum of Understanding

(15 AUGUST, 2005)

1. Governing of Aceh

1.1 Law on the Governing of Aceh

1.1.1 A new Law on the Governing of Aceh will be promulgated and will enter into force as soon as possible and not later than 31 March 2006.

1.2 Political participation

Implementation History
2005

Full Implementation

The Law on Governing Aceh was enacted according to the timeline. This included local elections, amnesty and the release of prisoners, demobilization of GAM combatants and decommissioning of their weapons, and the relocation of non-organic armed forces. The Human Rights Court and the TRC were not implemented. 

2006

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

2007

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

2008

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

2009

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

2010

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

2011

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

2012

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

2013

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

2014

Full Implementation

Except for the establishment of the Human Rights Court and the TRC, other provisions were implemented as specified in the timeline.   

Natural Resource Management

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

1.3 Economy

1.3.3 Aceh will have jurisdiction over living natural resources in the territorial sea surrounding Aceh.

Implementation History
2005

Minimum Implementation

Aceh was given 70% of the revenues from natural resources in the MoU, but the Law on Governing Aceh was yet to be finalized in 2005. 

2006

Full Implementation

The draft bill was submitted to the parliament in January1 and the parliament passed the bill on 11 June.2

The law clearly outlined issues related to the management and revenue sharing of natural resources. Articles 156-162 were related to revenues from oil and gas, forestry, fisheries and general mining, including the management of these natural resources. According to the law, Aceh would have control of over 70% of revenues from the province’s oil and gas production, and would receive an extra 2% allocation from the national budget for reconstruction for 20 years. Aceh would have 80% revenues from forestry, fisheries and general mining3 

  • 1. "Indonesia submits draft law on Aceh to parliament," Agence France Presse, January 27, 2006.
  • 2. "Indonesian media reacts to passing of Aceh governance law," BBC Monitoring, July 12, 2006.
  • 3. "Indonesia enacts law on Aceh governance despite dissatisfaction," Japan Economic Newswire, July 11, 2006.
2007

Full Implementation

With the implementation of the Law in 2006, the natural resources-related provision of the accord was implemented in Aceh.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Verification/Monitoring Mechanism

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

5. Establishment of the Aceh Monitoring Mission

5.1 An Aceh Monitoring Mission (AMM) will be established by the European Union and ASEAN contributing countries with the mandate to monitor the implementation of the commitments taken by the parties in this Memorandum of Understanding.

Implementation History
2005

Full Implementation

Following the signing of the MoU on 15 August 2005, the European Union established the European Union Monitoring Mission in Aceh, named “Aceh Monitoring Mission,” starting 15 September 2005. This decision was taken on 9 September 2005.1 As specified in the MoU, the AMM was responsible for, among others, monitoring the demobilization of GAM combatants and decommissioning of their weapons, the relocation of organic military and non-organic police troops, the reintegration of GAM members, and the human rights situation. The mission was initially launched for six months. It has 80 monitors on the ground.2

By the end of 2005, the mission reported that the relocation of non-organic military forces out of arch was completed.3 The decommission of GAM weapons was also completed.4 The AMM continued to provide assistance to the reintegration of ex-GAM combatants. 

  • 1. "Council Joint Action," (2005/643/CFSP) September 9, 2005.
  • 2. "EU Monitoring Mission In Aceh (Indonesia) – Background," European Union Council Secretariat (ACEH/07) December 15, 2006.
  • 3. Javier Solana, "EU High Representative for the CFSP, Welcomes Final Military Troop relocation in Aceh," Indonesia (S423/05) December 30, 2005.
  • 4. Javier Solana, "EU High Representative for the CFSP, welcomes completion of final stage of GAM weapons decommissioning in Aceh," Indonesia (S418/05) December 19, 2005.
2006

Full Implementation

The AMM mission was extended until December 2006. The mission completed its monitoring and verification tasks as specified in the MoU and terminated on 15 December. The AMM established the Commission on Security Arrangement (COSA) mechanism to move forward the peace process in in constructive and consensual manner. In its final meeting, the COSA reported that the parties appreciated the role of AMM to facilitate the peace process in Aceh 5

  • 5. "Press Statement: On the Outcome of the meeting of the Commission on Security Arrangements (COSA)," last modified December 2, 2006, accessed March 26, 2006, http://www.aceh-mm.org.
2007

Full Implementation

AMM was deployed and the AMM completed its monitoring and verification task in December 2006.

2008

Full Implementation

No further developments observed.

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.

2012

Full Implementation

No further developments observed.

2013

Full Implementation

No further developments observed.

2014

Full Implementation

No further developments observed.

Commission to Address Damage/Loss

MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

3.2 Reintegration into society

3.2.6 The authorities of Aceh and GoI will establish a joint Claims Settlement Commission to deal with unmet claims.

Implementation History
2005

No Implementation

A Joint Claims Settlement Commission was not established this year. 

2006

No Implementation

A Joint Claims Settlement Commission was not established this year.In a meeting of the Commission on Security Arrangements (COSA), parties discussed the establishment of a Joint Claims Settlement Commission (JCSC) as required by the MOU on 16 May 2006. While participants representing the Indonesian Military, Police, GAM and the government representatives agreed to establish the JCSC, which comprised 5-7 independent representatives to review cases of BRA denial of benefits, the JCSC was not established.2

2007

No Implementation

No developments observed this year.

2008

No Implementation

No developments observed this year.

2009

No Implementation

No developments observed this year.

2010

No Implementation

No developments observed this year.

2011

No Implementation

No developments observed this year.

2012

No Implementation

While the MoU called for a Joint Claims Settlement Commission, and this issue was brought up again at meeting on 1 February 2012, the commission is yet to be established.1

2013

No Implementation

No further developments observed.

2014

No Implementation

No further developments observed.

Please always cite: Peace Accords Matrix (Date of retrieval: (02/21/2017),
http://peaceaccords.nd.edu/accord/mou-between-government-republic-indonesia-and-free-aceh-movement,
Kroc Institute for International Peace Studies, University of Notre Dame.