Human Rights: MoU between the Government of the Republic of Indonesia and the Free Aceh Movement

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

2.1 GoI will adhere to the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.

2.2 A Human Rights Court will be established for Aceh.

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.