Truth or Reconciliation Mechanism: MoU between the Government of the Republic of Indonesia and the Free Aceh Movement

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