Ämne: «PPDi» Final Agreement/MoU (RI-GAM) has been distributed
Datum: den 14 augusti 2005 21:02
Exclusive News Flash: Final Text of Aceh Agreement Tapol Aug 14, 2005 03:26
PDT
[Note: Joyo Exclusive: This is the first time that the
text of the Final Agreement/MOU has been distributed. Joyo
has been asked by a highly reliable source to disseminate.]
Final Text
17 July 2005
Confidential, Not To Be Distributed
Memorandum of Understanding
between the Government of the Republic of Indonesia
and the Free Aceh Movement
The Government of Indonesia (GoI) and the Free Aceh
Movement (GAM) confirm their commitment to a peaceful,
comprehensive and sustainable solution to the conflict
in Aceh with dignity for all.
The parties commit themselves to creating conditions
within which the government of the Acehnese people can
be manifested through a fair and democratic process
within the unitary state and constitution of the
Republic of Indonesia.
The parties are deeply convinced that only the
peaceful settlement of the conflict will enable the
rebuilding of Aceh after the tsunami disaster on 26
December 2004 to progress and succeed.
The parties to the conflict commit themselves to
building mutual confidence and trust.
This Memorandum of Understanding (MoU) details the
agreement and the principles that will guide the
transformation process.
To this end the GoI and GAM have agreed on the
following:
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:
a) Aceh will exercise authority within all
sectors of public affairs, which will be
administered in conjunction with its civil and
judicial administration, except in the fields of
foreign affairs, external defence, national security,
monetary and fiscal matters, justice and freedom of
religion, the policies of which belong to the
Government of the Republic of Indonesia in conformity
with the Constitution.
b) International agreements entered into by
the Government of Indonesia which relate to matters of
special interest to Aceh will be entered into in
consultation with and with the consent of the
legislature of Aceh.
c) Decisions with regard to Aceh by the legislature of
the Republic of Indonesia will be taken in
consultation with and with the consent of the
legislature of Aceh.
d) Administrative measures undertaken by the
Government of Indonesia with regard to Aceh will be
implemented in consultation with and with the consent
of the head of the Aceh administration.
1.1.3 The name of Aceh and the titles of senior
elected officials will be determined by the
legislature of Aceh after the next elections.
1.1.4 The borders of Aceh correspond to the borders as
of 1 July 1956.
1.1.5 Aceh has the right to use regional symbols
including a flag, a crest and a hymn.
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.
1.1.7 The institution of Wali Nanggroe with all its
ceremonial attributes and entitlements will be
established.
1.2 Political participation
1.2.1 As soon as possible and not later than one year
from the signing of the MoU, GoI agrees to and will
facilitate the establishment of Aceh-based political
parties that meet national criteria. Understanding the
aspirations of Acehnese people for local political
parties, GoI will create, within one year or at the
latest 18 months from the signing of this MoU, the
political and legal conditions for the establishment
of local political parties in Aceh in consultation
with Parliament. The timely implementation of
this MoU will contribute positively to this end.
1.2.2 Upon the signature of the MoU, the people of
Aceh will have the right to nominate candidates for
the positions of all elected officials to contest the
elections in Aceh in April 2006 and thereafter.
1.2.3 Free and fair local elections will be organized
under the new Law on the Governing of Aceh to elect
the head of the Aceh administrtion and other elected
officials in April 2006 as well as the legislature of
Aceh in 2009.
1.2.4 Until 2009 the legislature of Aceh will not be
entitled to enact any laws without the consent of the
head of the Aceh administration.
1.2.5 All Acehnese residents will be issued new
conventional identity cards prior to the elections of
April 2006.
1.2.6 Full participation of all Acehnese people in
local and national elections will be guaranteed in
accordance with the Constitution of the Republic of
Indonesia.
1.2.7 Outside monitors will be invited to monitor the
elections in Aceh. Local elections may be undertaken
with outside technical assistance.
1.2.8 There will be full transparency in campaign
funds.
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.
1.3.2 Aceh has the right to set and raise taxes to
fund official internal activities. Aceh has the right
to conduct trade and business internally and
internationally and to seek foreign direct investment
and tourism to Aceh.
1.3.3 Aceh will have jurisdiction over living natural
resources in the territorial sea surrounding Aceh.
1.3.4 Aceh is entitled to retain seventy (70) per cent
of the revenues from all current and future
hydrocarbon deposits and other natural resources in
the territory of Aceh as well as in the territorial
sea surrounding Aceh.
1.3.5 Aceh conducts the development and administration
of all seaports and airports within the territory of
Aceh.
1.3.6 Aceh will enjoy free trade with all other parts
of the Republic of Indonesia unhindered by taxes,
tariffs or other restrictions.
1.3.7 Aceh will enjoy direct and unhindered access to
foreign countries, by sea and air.
1.3.8 GoI commits to the transparency of the
collection and allocation of revenues between the
Central Government and Aceh by agreeing to outside
auditors to verify this activity and to communicate
the results to the head of the Aceh administration.
1.3.9 GAM will nominate representatives to participate
fully at all levels in the commission established to
conduct the post-tsunami reconstruction (BRR).
1.4 Rule of law
1.4.1 The separation of powers between the
legislature, the executive and the judiciary will be
recognised.
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.
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.
1.4.4 The appointment of the Chief of the organic
police forces and the prosecutors shall be approved by
the head of the Aceh administration. The recruitment
and training of organic police forces and prosecutors
will take place in consultation with and with the
consent of the head of the Aceh administration in
complicance with the applicable national standards.
1.4.5 All civilian crimes committed by military
personnel in Aceh will be tried in civil courts in
Aceh.
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.
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.
3 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 the
MoU.
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.
3.1.3 The Head of the Monitoring Mission will decide
on disputed cases based on advice from the legal
advisor of the Monitoring Mission.
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.
3.2 Reintegration into society
3.2.1 As citizens of the Republic of Indonesia, all
persons having been granted amnesty or released from
prison or detention will have all political, economic
and social rights as well as the right to participate
freely in the political process both in Aceh and on
the national level.
3.2.2 Persons who during the conflict have renounced
their citizenship of the Republic of Indonesia will
have the right to regain it.
3.2.3 GoI and the authorities of Aceh will take
measures to assist persons who have participated in
GAM activities to facilitate their reintegration into
the civil society.
These measures include economic facilitation to
former combatants, pardoned political prisoners and
affected civilians. A Reintegration Fund under the
administration of the authorities of Aceh will be
established.
3.2.4 GoI will allocate funds for the rehabilitation
of public and private property destroyed or damaged as
a consequence of the conflict to be administered by
the authorities of Aceh.
3.2.5 GoI will allocate suitable farming land as well
as funds to the authorities of Aceh for the purpose of
facilitating the reintegration to society of the
former combatants and the compensation for political
prisoners and affected civilians. The authorities of
Aceh will use the land and funds as follows:
a) All former combatants 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.
b) All pardoned political prisoners 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.
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.
3.2.6 The authorities of Aceh and GoI will establish a
joint Claims Settlement Commission to deal with unmet
claims.
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.
4 Security arrangements
4.1 All acts of violence between the parties will end
latest at the time of the signing of this MoU.
4.2 GAM undertakes to demobilise all of its [number]
military troops. GAM members will not wear uniforms or
display military insignia or symbols after the signing
of this MoU.
4.3 GAM undertakes the decommissioning of all arms,
ammunition and explosives held by the participants in
GAM activities with the assistance of the Aceh
Monitoring Mission (AMM). GAM commits to hand over
[number] arms.
4.4 The decommissioning of GAM armaments will begin on
15 September 2005 and will be executed in four stages
and concluded by 31 December 2005.
4.5 GoI will withdraw all elements of non-organic
military and non-organic police forces from Aceh.
4.6 The relocation of non-organic military and
non-organic police forces will begin on 15 September
2005 and will be executed in four stages in parallel
with the GAM decommissioning immediately after each
stage has been verified by the AMM, and concluded
by 31 December 2005.
4.7 The number of organic military forces to remain in
Aceh after the relocation is [number]. The number of
organic police forces to remain in Aceh after the
relocation is [number].
4.8 There will be no major movements of military
forces after the signing of this MoU.
All movements more than a platoon size will
require prior notification to the Head of the
Monitoring Mission.
4.9 GoI undertakes the decommissioning of all illegal
arms, ammunition and explosives held by any possible
illegal groups and parties.
4.10 Organic police forces will be responsible for
upholding internal law and order in Aceh.
4.11 Military forces will be responsible for upholding
external defence of Aceh. In normal peacetime
circumstances, only organic military forces will be
present in Aceh.
4.12 Members of the Aceh organic police force will
receive special training in Aceh and overseas with
emphasis on respect for human rights.
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.
5.2 The tasks of the AMM are to:
a) monitor the demobilisation of GAM and
decommissioning of its armaments,
b) monitor the relocation of non-organic military
forces and non-organic police troops.
c) monitor the reintegration of active GAM members,
d) monitor the human rights situation and
provide assistance in this field,
e) monitor theprocess of legislation change
f) rule on disputed amnesty cases,
g) investigate and rule on complaints and alleged
violations of the MoU,
h) establish and maintain liason and good cooperation
with the parties
5.3 A Status of Mission Agreement (SoMA) between GoI
and the European Union will be signed simultaneously
with this MoU. The SoMA defines the status, privileges
and immunities of the AMM and its members. ASEAN
contributing countries which have been invited by GoI
will confirm in writing their acceptance of and
compliance with the SoMA.
5.4 GoI will give all its support for the carrying
out of the mandate of the AMM. To this end, GoI will
write a letter to the European Union and ASEAN
contributing countries expressing its commitment
and support to the AMM.
5.5 GAM will give all its support for the carrying
out of the mandate of the AMM. To this end, GAM will
write a letter to the European Union and ASEAN
contributing countries expressing its commitment and
support to the AMM.
5.6 The parties commit themselves to provide AMM with
secure, safe and stable working conditions and pledge
their full cooperation with the AMM.
5.7 Monitors will have unrestricted freedom of
movement in Aceh. Only those tasks which are within
the provisions of the MoU will be accepted by the AMM.
Parties do not have a veto over the actions or
control of the AMM operations.
5.8 GoI is responsible for the security of all AMM
personnel in Indonesia. The mission personnel do not
carry arms. The Head of Monitoring Mission may however
decide on an exceptional basis that a patrol will not
be escorted by GoI security forces. In that case, GoI
will be informed and the GoI will not assume
responsibility for the security of this patrol.
5.9 GoI will provide weapons collection points and
support mobile weapons collection teams in
collaboration with the GAM.
5.10 Immediate destruction will be carried out after
the collection of weapons and ammunitions. This
process will be fully documented and publicised as
appropriate.
5.11 AMM reports to the Head of Monitoring Mission who
will provide regular reports to the parties and to
others as required, as well as to a designated person
or office in the European Union and ASEAN contributing
countries.
5.12 Upon signature of the MoU each party will appoint
a senior representative to deal with all matters
related to the implementation of this MoU with the
Head of Monitoring Mission.
5.13 The parties commit themselves to a notification
responsibility procedure to the AMM, including
military and reconstruction issues.
5.14 GoI will authorise appropriate measures
regarding emergency medical service and
hospitalisation for AMM personnel.
5.15 In order to facilitate transparency, GoI will
allow full access for the representatives of national
and international media to Aceh.
6 Dispute settlement
6.1 In the event of disputes regarding the
implementation of this MoU, these will be resolved
promptly as follows:
a) As a rule, eventual disputes concerning the
implementation of this MoU will be resolved by the
Head of Monitoring Mission, in dialogue with the
parties, with all parties providing required
information immediately. The Head of Monitoring
Mission will make a ruling which will be binding on
the parties.
b) If the Head of Monitoring Mission concludes
that a dispute cannot be resolved by the means
described above, the dispute will be discussed
together by the Head of Monitoring Mission
with the senior representative of each party.
Following this, the Head of Monitoring Mission will
make a ruling which will be binding on the parties.
c) In cases where disputes cannot be reesolved
by either of the means described above, the Head of
Monitoring Mission will report directly to the
Coordinating Minister for Political, Law and
Security Affairs of the Republic of Indonesia, the
political leadership of GAM and the Chairman of the
Board of Directors of the Crisis Management
Initiative, with the EU Political and Security
Committee informed. After consultation with the
parties, theChairman of the Board of Directors of the
Crisis Management Initiative will make a
ruling which will be binding on the parties.
***
GoI and GAM will not undertake any action inconsistent
with the letter or spirit of this Memorandum of
Understanding.
***
Signed in triplicate in Helsinki, Finland on this day
of August in the year 2005.
For the Government of the Republic of Indonesia
For the Free Aceh Movement
-end of text-
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