[Nasional-e] [Nasional] Agreement Between Government of the Republic of Indonesia And
the Free Acheh Movement
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Diskusi bebas untuk semua orang yang mempunyai perhatian terhadap
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BERSATU KITA TEGUH, BERCERAI KITA RUNTUH
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Cessation of Hostilities
Framework Agreement Between
Government of the Republic of Indonesia
And the Free Acheh Movement
Preamble
The Government of the Republic of Indonesia (GOI) and the Free Acheh
Movement (GAM) have been engaged in a process of dialogue since January 2000
and concur that the priority in Acheh is the security and welfare of the
people and therefore agree on the need for finding an immediate peaceful
solution to the conflict in Acheh. On 10 May 2002, the GOI and GAM issued a
Joint Statement set out below:
1. On the basis of the acceptance of the NAD Law as a starting point, as
discussed on 2-3 February 2002, to a democratic all-inclusive dialogue
involving all elements of Achehnese society that will be facilitated by HDC
in Acheh. This process will seek to review elements of the NAD Law through
the expression of the views of the Achehnese people in a free and safe
manner. This will lead to the election of a democratic government in Acheh,
Indonesia.
2. To enable this process to take place both parties agree to work with
all speed on an agreement on cessation of hostilities with an adequate
mechanism for accountability of the parties to such an agreement. This will
also provide the opportunity and environment for much needed socio-economic
and humanitarian assistance to the people of Acheh.
The GOI and GAM share the common objective to meet the aspirations of the
people of Acheh to live in security with dignity, peace, prosperity, and
justice. In order to meet the aspirations of the people of Acheh and permit
them to administer themselves freely and democratically, the GOI and GAM
agree to a process which leads to an election in 2004 and the subsequent
establishment of a democratically elected government in Acheh, Indonesia, in
accordance with the review of the NAD Law, as provided for in point 1 of the
10 May 2002 Joint Statement.
To this end, the GOI will ensure and GAM will support the development of a
free and fair electoral process in Acheh, which will be designed to ensure
the broadest participation of all elements of Achehnese society.
In light of the delicate nature of the confidence building process, the GOI
and GAM further appeal for the support of all elements of society and
request that no party undertake any action which is inconsistent with this
Agreement and may jeopardize the future security and welfare of the people
of Acheh.
The immediate requirement is to ensure the cessation of hostilities and all
acts of violence, including, intimidation, destruction of property and any
offensive and criminal action. Offensive and criminal action is deemed to
include violent actions such as attacking, shooting, engaging in torture,
killing, abducting, bombing, burning, robbing, extorting, threatening,
terrorising, harassing, illegally arresting people, raping, and conducting
illegal searches.
Throughout the peace process the maintenance of law and order in Acheh will
continue to be the responsibility of the Indonesian Police (Polri). In this
context, the mandate and mission of Brimob will be reformulated to strictly
conform to regular police activities and as such will no longer initiate
offensive actions against members of GAM not in contravention of the
Agreement.
The JSC will be the point of reference for all complaints regarding police
functions and action that are deemed to be in contravention of the spirit
and letter of the Cessation of Hostilities (COH) Agreement. As such, the
JSC will be responsible for defining, identifying and investigating when and
if the police have breached their mandate.
With this general understanding, and to bring the peace process forward to
the next phase, both parties hereby agree on the following:
Article 1: Objectives of the Cessation of Hostilities and All Acts of
Violence
a) Since both sides have thus agreed that, from now on, enmity between them
should be considered a thing of the past, the peace process, which is
continued by an agreement on this phase, will proceed by building further
confidence and both sides will prove to each other that they are serious
about achieving this ultimate common objective.
b) The objectives of the cessation of hostilities and all acts of violence
between both parties are (i) to proceed to the next phase of the peace
process, as mutually agreed on 10 May 2002 in Switzerland; (ii) to continue
the confidence building process with a view to eliminating all suspicions
and creating a positive and co-operative atmosphere which will bring the
conflict in Acheh to a peaceful conclusion; and, (iii) to enable, provided
hostilities and all acts of violence cease, for the peace process to proceed
to the next phases, i.e. the delivery of humanitarian, rehabilitation and
reconstruction assistance.
Article 2: Commitment by Both Sides to Cease Hostilities and All Acts of
Violence
a) Both sides explicitly express their commitment to meet the terms of this
Agreement to cease hostilities and all forms of violence toward each other
and toward the people in Acheh, by implementing the steps stipulated in this
Agreement. In expressing such commitment, both sides guarantee that they are
in full control of, respectively, TNI/Polri and GAM forces on the ground.
GOI and GAM commit to control those groups that do not share their
objectives but claim to be part of their forces.
b) Both sides further commit themselves to immediately after the signing of
this Agreement to thoroughly inform their respective forces on the ground of
the terms of this Agreement, and to instruct them to cease hostilities
immediately.
c) Both sides agree that, should there be other parties taking advantage of
the situation and disturbing the peaceful atmosphere, they will endeavour to
take joint action against them to restore the peace.
d) During this confidence-building period, both sides agree that they will
not increase their military strength, which includes re-deployment of
forces, increase in military personnel or military equipment into Acheh.
e) HDC is requested to strictly facilitate the implementation of this
Agreement.
f) Both parties will allow civil society to express without hindrance their
democratic rights.
Article 3: Joint Security Committee (JSC)
a) The senior leadership in charge of security from each side will meet, in
order to establish the initial contact and understanding between both sides.
They should also (i) reactivate the Joint Security Committee (JSC), which
was established during the implementation of the Humanitarian Pause, and
(ii) commence discussion, in order to reach agreement expeditiously, on a
plan of action for the JSC in discharging its duties.
b) The functions of JSC are: (i) to formulate the process of implementation
of this Agreement; (ii) to monitor the security situation in Acheh; (iii) to
undertake full investigation of any security violations; (iv) in such cases,
to take appropriate action to restore the security situation and to agree
beforehand on the sanctions to be applied, should any party violate this
Agreement; (v) to publish weekly reports on the security situation in Acheh;
(vi) to ensure that no new paramilitary force is created to assume previous
functions of Brimob, and (vii) to design and implement a mutually agreed
upon process of demilitarisation. Regarding this last task, the JSC will
designate what will be called Peace Zones (see Art. 4(a)). After peace zones
have been identified, the GAM will designate placement sites for its
weapons. Two months after the signing of the COH and as confidence grows,
GAM will begin the phased placement of its weapons, arms and ordinance in
the designated sites. The JSC will also decide on a simultaneous phased
relocation of TNI forces which will reformulate their mandate from a strike
force to a defensive force. The GOI has the right to request HDC to
undertake no-notice verification of the designated sites. With the growth
in confidence of both parties in the process the phased placement of GAM
weapons will be completed within a period of five months (see attached
note).
c) The composition of JSC will be senior officials appointed as
representatives of the GOI and the GAM and a senior third party personality
of high standing agreed upon by both sides. Each senior official from the
three parties are to be accompanied by up to four persons as members. The
heads of delegations from both sides have to be senior and have the
authority to be able to take decisions on the spot.
The third party (HDC) personality needs to be able to command the respect
and high regard of both sides in order to be able to assist in resolving
problems, as they arise.
d) In order to perform these functions, the JSC is to be assisted by a
monitoring team or monitoring teams, which would be provided security
guarantees by both sides in monitoring the security situation and in
investigating any violation.
e) The composition of each of the monitoring teams are appointed officials
as representatives of the High Command of the security forces of the GOI and
the High Command of the forces of the GAM in Acheh and a senior third party
military officer agreed upon by both sides reporting to the senior third
party personality of high standing in the JSC.
f) JSC and the monitoring team(s) would be provided with the necessary
technical and administrative staff and logistical support. The HDC is
requested to facilitate the establishment of these bodies by providing the
necessary funds, logistical and administrative facilities.
g) It is agreed upon that the JSC and the monitoring team(s) will be
established and be operational within one month of the signing of this
Agreement. Civil society has the right to provide inputs to the JSC.
Article 4: Establishment of “Peace Zones”
a) Following the signing of the COH Agreement, the JSC, with the direct
participation of the senior leadership for security from both sides, will
immediately identify and prepare locations of conflict to be designated as
“Peace Zones”. This would facilitate considerably the work of the JSC since
it could focus its attention on these areas in establishing and maintaining
security, and these zones, provided peace could be established, will be the
focus of the initial humanitarian, rehabilitation and reconstruction
assistance.
b) For the first two months after the signing, both parties will relocate to
defensive positions as agreed upon by the JSC. Adjustments to these
locations could be made by the JSC in order to separate the forces of both
parties with sufficient distance to avoid contact or confrontation. Forces
of both parties will refrain from operations, movements, activities or any
provocative acts that could lead to contact or confrontation with each
other.
c) In order to build trust and confidence during these crucial months, these
zones and surroundings will be monitored by the tripartite monitoring teams.
The JSC will be informed by both parties of any significant movements or
activities in these areas.
d) POLRI will be able to investigate criminal activities in these areas in
consultation with the JSC.
e) The designation of identified areas of demilitarised zones such as
schools, mosques, health institutions and public places, bazaars, Achehnese
meunasahs, market-places, foodstalls, communication centres including
bus-terminals, taxi-stations, ferry-terminals, public roads, river
transportation services, and fishing ports.
Article 5: Time Frames
a) Both sides agree that hostilities and all acts of violence by both sides
should cease forever in Acheh.
b) Both sides also agree that hostilities and all acts of violence during
the first three months from the time when the JSC and the monitoring team(s)
become operational are very crucial as indicator of the seriousness of the
commitment from both sides. If indeed hostilities and all acts of violence
could decrease dramatically, or even cease altogether, during this first
three month period, the Achehnese and other Indonesian people, and the
international community, would consider that the peace process would most
likely succeed.
c) During the period between the signing of this Agreement and the time when
the JSC and the monitoring team(s) become operational, both signatories to
this Agreement commit themselves to exercise the utmost restraint by not
making any public statement that would inflame the feeling and sentiment of
the other side, including the people, and by ensuring that their forces will
not initiate any hostile act toward the other.
Article 6: All-Inclusive Dialogue
The parties agree to support the process of All-Inclusive Dialogue in Acheh
as provided for in the Joint Statement of 10 May 2002. The parties agree to
ensure, through this Agreement, the necessary security and freedom of
movement for all participants in the All-Inclusive Dialogue to enable the
process to be conducted in a safe and fair manner, reflecting the views of
all elements of Achehnese society. The parties reconfirm their agreement
that the process of All-Inclusive Dialogue be facilitated by HDC.
Article 7: Public Information and Communications
a) To ensure national and international support for the peace process in
Acheh, the Agreement of 10 May 2002, and this Agreement and its
implementation have to be publicised as widely as possible within one month
of the signing of this Agreement. The process of implementation has to be as
transparent as possible and the people have to be regularly informed of the
progress made and difficulties encountered.
b) Communications to the public will be given priority, especially through
the print and electronic media. Television and radio programmes have to be
devised to enable obtaining inputs from the general public provided that
they are conducted in a fair and balanced manner. The JSC remains the final
reference on this matter.
c) Other media, such as community meetings, seminars, flyers, bumper
stickers, T-shirts, and others could also be considered, as appropriate.
d) The HDC is requested to look for sources of funding these public
information and communication activities.
Article 8: Joint Council
A Joint Council will be established, composed of the most senior
representatives of the GOI and the GAM, and of the third party (HDC). The
function of this Joint Council will be to resolve all issues or disputes
arising out of the implementation of this Agreement, which cannot be
resolved by other Committees or Structures established under this Agreement.
The Joint Council may amend the articles and provisions of this Agreement.
Article 9: Amendment or Termination
This Agreement may only be amended by agreement between the two parties in
the Joint Council. Should either party wish to unilaterally terminate the
Agreement then they are obligated to first bring the issue to the Joint
Council and engage in and support all efforts by the Joint Council to
resolve the problem within a sufficient period of time (no less than 30
days). If the Joint Council is unable to resolve the matter, then either
party has the right to unilaterally withdraw from the Agreement.
For the Government For the Leadership
of the Republic of Indonesia of the Free Acheh Movement
Amb. Mr. S. Wiryono Dr. Zaini Abdullah
Witnessed by
Henry Dunant Centre
for Humanitarian Dialogue (HDC)
Mr. Martin Griffiths
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Explanatory Note for Article 3b
This note is intended as HDC’s interpretation of the clauses in the
Framework Agreement relating to GAM weapons (Article 3) and provide guidance
in the manner to carry out the responsibilities assigned to the HDC in that
part of the Agreement.
By this Agreement the GAM has agreed to place its weapons in designates
sites according to the time period outlined in Article 3b. These sites will
be designated by GAM and their location communicated to HDC.
It is our interpretation that under the agreed upon system, GAM will not be
able to move the weapons that have been placed in the designated sites
without the consent of HDC. GAM has to comply with the request of HDC to
conduct no-notice inspections at any time.
HDC will keep the JSC informed of the results of these visits i.e. that the
sites visited contain the weapons place there and whether they continue to
remain in the designated sites. Any breach will be communicated to the JSC.
Martin Griffiths
Director
Henry Dunant Centre for Humanitarian Dialogue
Geneva, Switzerland
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