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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Memorandum of Understanding between the Govt of the Rep of Indonesia and the Free Aceh Movement
Record 456

Country :

Indonesia/Aceh

Agreement Title/Name:
Memorandum of Understanding between the Govt of the Rep of Indonesia and the Free Aceh Movement
Year :
2005
Date Signed :

15 August 2005

Summary :

Peace agreement detailing autonomy arrangements for Aceh, including provisions on amnesty, prisoner release, political participation, economy, international enforcement, rule of law, human rights, DDR, and security arrangements.


Parties :
Govt of Rep of Indonesia (GOI), Free Aceh Movement (GAM)
Third Parties :
Statehood/Identity :
Preamble. '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.' 1.1.3 The name of Aceh 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. 1.3 Aceh has the right to raise funds with external loans, and set interest rates beyond that of the Indonesian central Bank; and the right to set and raise taxes to fund official internal activities
Governance/Democratic Inst :
1. Governing of 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. GoI agrees to and will facilitate the establishment of Aceh-based political parties that meet national criteria. 1.2 provides for free and fair local elections; until 2009, the legislature of Aceh will not be entitled to enact any laws without the consent of the head of the Aceh Administration; outside monitors will be invited to monitor the elections.
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Not Applicable
Judicial Reform :
Not Applicable
Policing :
Not Applicable
Refugees/Land :
Not Applicable
Civil Society :
Not Applicable
Dev& Socio-Economic 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.
Enforcement Mechanism :
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.
International Community :
Witness: Henry Dunant Centre for Humanitarian Dialogue (HDC)
UN Involvement :
Source :
BBC website


Database hosted on INCORE webservice.

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