Directive Agreed upon by the Government of the Republic of Indonesia and the Leadership of the Free Aceh Movement

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Country/entity: Indonesia
Aceh
Region: Asia and Pacific
Agreement name: Directive Agreed upon by the Government of the Republic of Indonesia and the Leadership of the Free Aceh Movement
Date: 16 Feb 2001
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Indonesian Conflicts (1976 - )
Aceh Conflict (1976 - )
After a decade of increasing grievances against the centralist tendencies of the Suharto-government, the Free Aceh Movement (GAM) started a military campaign in 1976 for the independence of the province in the far northeast of the Indonesian archipelago. After near defeat in 1979, GAM regained strength with Libyan support and the heaviest fighting occurred during the late 1980s when the Indonesian military intensified its violent counter-insurgency policies. The devastating tsunami in December 2004 effectively destroyed Aceh’s infrastructure and severely reduced the operational capabilities of GAM. This weakening led to a signed peace agreement in August 2005, facilitated by the Finish NGO CMI Peace Negotiations.

Indonesia-Moluccas Conflict (1999-2002)
The fall of Suharto in 1997 sparked off a number of conflicts across Indonesia. In the Moluccas region, the administrative division was divided into Moluccas and North Moluccas, thereby exacerbating a conflict characterised by communal and sectarian divisions. In part these divisions were a result of an official government transmigration programme running from late 1960s onwards that spurred conflict over resources, including land. Faith-based militias were generally responsible for the fighting from 1999 until 2002, including Laskar Jihad, and human rights abuses were committed by both sides. Opportunistic crime was also responsible for of the violence. The military campaign by Lashkar Islam was aimed to displacing Christian residents. One such event was the expulsion of the Christian residents of the Banda Islands in April 1999. The conflict ended with the signing of the Malino II Accord on 13 February 2002.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Indonesia-Aceh peace process
Parties: Indonesia, Free Aceh Movement
Third parties: -
Description: welcomes commander to commander meeting of February 10. Mandates further such meetings to take place and expanded vertically and horizontally along chain of command, to be organized and reported on by Joint Committee for Security Modalities

Agreement document: ID_010216_Agreed on Directive.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, II. ... This will be carried out as follows:
- ... HDC will facilitate the meetings as long as they are needed for confidence.

Page 2, V. The Joint Council agreed to establish the Joint Committee on Security Matters comprising four members from each side with the following duties:
... - In carrying out their duties, the Committee is facilitated by HDC

Page 2, VII. This security arrangement is meant to facilitate a broader process of democratic political consultations in Aceh, as has been agreed upon in the Provisional Understanding on 9 January 2001. Both parties agreed to initiate a preliminary and informal consultation [musyawarah] involving broad elements of the Acehnese society, including GAM, as soon as possible.

Page 3, IX. The Monitoring Team for Humanitarian Action will be dissolved. Its members are encouraged to participate in the informal democratic political consultations
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, I. ... The Joint Council takes particular note of the following points in the agreement:
- ... The maintenance of law and order and the punishment of criminals.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 3, VIII. This security arrangement is also intended to continue the facilitation of humanitarian assistance. For this purpose, the Joint Committee for Humanitarian Action will be maintained as long as needed and reduced to three members from each side.

Page 3, IX. The Monitoring Team for Humanitarian Action will be dissolved. Its members are encouraged to participate in the informal democratic political consultations
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, I. ... The Joint Council takes particular note of the following points in the agreement:
- ... The list of actions and behaviour that have been defined as ‘violent’.

Page 2, III. The Joint Council authorizes the commanders present at all the commander to commander meetings to: Use the security arrangements in the Annex to the Provisional Understanding of 9 January 2001 as the framework for decisions and actions (see Attachment A)).
This agreement is the basis for any further development of security arrangements for Aceh.
determine the technical mechanisms required for reducing violence and tension, including communication and notification on the hotline as a first priority to prevent and resolve incidents.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1, I. ... The Joint Council takes particular note of the following points in the agreement:
- New mechanisms designed to anticipate and prevent incidents. These mechanisms include socialisation, coordination, communication and clarification between commanders of both parties.
Police: Page 1, II. The Commander to Commander mechanism, which is to include commanders from POLRI/TNI and GAM, is to be expanded vertically and horizontally along the chain of command of both sides.
Armed forces: Page 1, II. The Commander to Commander mechanism, which is to include commanders from POLRI/TNI and GAM, is to be expanded vertically and horizontally along the chain of command of both sides.

Page 1, [Summary] Commander-to-commander mechanism. See ceasefire.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→National courts
Page 1, I. ... The Joint Council takes particular note of the following points in the agreement:
- ... The maintenance of law and order and the punishment of criminals.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, II. ... This will be carried out as follows:
- ... The Commander to Commander mechanism will be expanded down to the district and eventually the sub-district levels;
Commander to Commander meetings are to occur on a regular basis at all levels;
Commanders present at the meetings should have the authority to make operational decisions within their geographic areas of responsibility;
Commander to Commander meetings are to be organised by the newly formed Joint Committee for Security Matters (JCSM), which will ensure that security guarantees are provided, and will send their reports to the Joint Council;
HDC will facilitate the meetings as long as they are needed for confidence.

Page 2, V. The Joint Council agreed to establish the Joint Committee on Security Matters comprising four members from each side with the following duties:
- To facilitate commander to commander meetings
- To appoint some and deactivate other members of the Monitoring Teams of the Joint Committee on Security Matters, and to handle the expansion of the District Monitoring Teams
- To report the conduct of its duty to the Joint Council periodically
- In carrying out their duties, the Committee is facilitated by HDC

Page 2, VI. The Monitoring Team for Security Modalities (MTSM) will now be called the Monitoring Team of the Joint Committee on Security Matters. The four District Monitoring Teams will be maintained. The Joint Council takes note of the proposals submitted by the MTSM on 13 February 2001 and, in principle, endorses the Commander to Commander meeting to further develop them.
Related cases: No specific mention.
Source: Centre for Humanitarian Dialogue; http://www.hdcentre.org/fileadmin/user_upload/Our_work/Peacemaking/Aceh_Indonesia/Supporting_documents/Directive-agreed-upon-by-the-Government-of-the-Republic-of-Indonesia-and-the-Leadership-of-the-Free-Aceh-Movement-16022001.pdf

Directive agreed upon by the Government of the Republic of Indonesia and the Leadership of the Free Aceh Movement Directive on security arrangements for Aceh

I. The Joint Council welcomes the first Commander to Commander meeting which took place on 9, 10 February 2001, at the Kuala Tripa Hotel in Banda Aceh, and endorses the agreement reached by both sides at this meeting.

The Joint Council takes particular note of the following points in the agreement:

New mechanisms designed to anticipate and prevent incidents.

These mechanisms include socialisation, coordination, communication and clarification between commanders of both parties.

The list of actions and behaviour that have been defined as ‘violent’.

The maintenance of law and order and the punishment of criminals.

II. The Commander to Commander mechanism, which is to include commanders from POLRI/TNI and GAM, is to be expanded vertically

and horizontally along the chain of command of both sides.

This will be carried out as follows:

The second meeting in Banda Aceh is to take place on or around 20 February 2001.

The commanders at this meeting must have authority over the whole of Aceh.

The Commander to Commander mechanism will be expanded down to the district and eventually the sub

-district levels;

Commander to Commander meetings are to occur on a regular basis at all levels;

Commanders present at the meetings should have the authority to make operational decisions within their geographic areas of responsibility;

Commander to Commander meetings are to be organised by the newly formed Joint Committee for Security Matters (JCSM), which will ensure that security guarantees are provided, and will send their reports to the Joint Council;

HDC will facilitate the meetings as long as they are needed for confidence.

III. The Joint Council authorizes the commanders present at all the commander to commander meetings to:

Use the security arrangements in the Annex to the Provisional Understanding of 9 January 2001 as the framework for decisions and actions (see Attachment A))

This agreement is the basis for any further development of security arrangements for Aceh.

determine the technical mechanisms required for reducing violence and tension, including communication and notification on the hotline as a first priority to prevent and resolve incidents.

IV. The second commander to commander meeting will develop and implement the security arrangements indefinitely beyond 20 February.

This will be reviewed, at least every three months by the Joint Council based on reports from the JCSM.

V. The Joint Council agreed to establish the Joint Committee on Security Matters comprising four members from each side with the following duties:

To facilitate commander to commander meetings

To appoint some and deactivate other members of the Monitoring Teams of the Joint Committee on Security Matters, and to handle the expansion of the District Monitoring Teams

To report the conduct of its duty to the Joint Council periodically In carrying out their duties, the Committee is facilitated by HDC

VI. The Monitoring Team for Security Modalities (MTSM) will now be called the Monitoring Team of the Joint Committee on Security Matters.

The four District Monitoring Teams will be maintained.

The Joint Council takes note of the proposals submitted by the MTSM on 13 February 2001 and, in principle, endorses the Commander to Commander meeting to further develop them.

VII. This security arrangement is meant to facilitate a broader process of democratic political consultations in Aceh, as has been agreed upon in the Provisional Understanding on 9 January 2001.

B oth parties agreed to initiate a preliminary and informal consultation [musyawarah] involving broad elements of the Acehnese society, including GAM, as soon as possible.