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

Implementations

Truth or Reconciliation Mechanism – 2005

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

“Controversy over drafting of constitution for Indonesia’ Aceh continues,” BBC Monitoring Asia Pacific, December 22, 2005.

Truth or Reconciliation Mechanism – 2006

The draft bill was submitted to the parliament in January¹ and the bill was passed by the parliament on 11 June.² 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.³

“Indonesia submits draft law on Aceh to parliament,” Agence France Presse, January 27, 2006.
“Indonesian media reacts to passing of Aceh governance law,” BBC Monitoring, July 12, 2006.
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.