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PA-X Peace Agreements Database Peace Agreements Database

Joint Understanding on Humanitarian Pause for Aceh

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Country/entity
Indonesia
Aceh
Region
Asia and Pacific
Agreement name
Joint Understanding on Humanitarian Pause for Aceh
Date
12/05/2000
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.

Indonesian Conflicts (1976 - ) )
Stage
Ceasefire/related (Ceasefire)
Conflict nature
Government/territory
Peace process
55: Indonesia-Aceh peace process
Parties
Amb. Dr. N. Hassan Wirajuda for the Government of the Republic of Indonesia, and;
Dr. Zaini Abdullah for the Leadership of the Free Aceh Movement
Third parties
Description
Parties agree ceasefire to allow access to humanitarian aid, establishing Joint Committee and Joint Forum to oversee arrangements
Agreement document
ID_000512_Joint_Understanding_for_a_Humanitarian_Pause.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

State definition
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 2, Article 3, Organisational Structure
The organisational structure for the Humanitarian Pause consists of following bodies:
... The Joint Forum, in Switzerland, will consist of representatives of the Government of Indonesia and of the Free Aceh Movement. The Henry Dunant Centre for Humanitarian Dialogue (HDC) acts as the facilitator.

Page 2, Article 3, Organisational Structure
... B. ... Membership of this Committee consists of maximum of ten members comprising of 5 each appointed by the Parties to this Understanding. The members of the Committee willelect a Chairperson from among them. The Committee will be facilitated by the HDC.
Traditional/religious leaders
No specific mention.
Public administration
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
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 2, Article 3, Organisational Structure
... B. ... Its tasks include:
... c. ensuring the unhindered access for the delivery of the humanitarian assistance, and in this context, coordinates closely with the Joint Committee on Security Modalities.
... e. to ensure the continuing of normal police function for the enforcement of law and the maintenance of public order, including riot control, prohibition of the movement of civilian with arms; and
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
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
Humanitarian assistance
Page 1, Article 1, Objectives of the Humanitarian Pause
The Objectives of the Humanitarian Pause are:
A. delivery of humanitarian assistance to the population of Aceh affected by the conflict situation;
B. provision of security modalities with a view to supporting the delivery of humanitarian assistance and to reducing tension and violence which may cause further suffering;

Page 1, Article 2, Components
The Humanitarian Pause comprises two components:
A. humanitarian action;

Page 2, Article 3, Organisational Structure
... B. Joint Committee on Humanitarian Action (JCHA)
The Joint Committee on Humanitarian Action is the body which carries out the policy of the Joint Forum and which coordinates humanitarian assistance.
Its tasks include:
a. needs assessment, the setting of priorities, resource mobilisation and planning;
b. the delivery of humanitarian assistance in a way which ensures the full participation of and benefit to the people of Aceh; and
c. ensuring the unhindered access for the delivery of the humanitarian assistance, and in this context, coordinates closely with the Joint Committee on Security Modalities.
Membership of this Committee consists of maximum of ten members comprising of 5 each appointed by the Parties to this Understanding. The members of the Committee willelect a Chairperson from among them. The Committee will be facilitated by the HDC.
The HDC will in addition facilitate the process of fundraising for humanitarian assistance.
A Monitoring Team will be established whose tasks are:
- to assess the implementation of the humanitarian action;
- to report their findings to the Joint Forum.

Page 3, Article 3, Organisational Structure
... C. Joint Committee on Security Modalities (JCSM)The Joint Committee on Security Modalities is the body which deals with the following tasks:
... b. to prepare ground rules for the conduct of activities pertaining to the Humanitarian Pause;
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, Article 1, Objectives of the Humanitarian Pause
The Objectives of the Humanitarian Pause are:
... B. provision of security modalities with a view to supporting the delivery of humanitarian assistance and to reducing tension and violence which may cause further suffering;

Page 1, Article 2, Components
The Humanitarian Pause comprises two components:
... B. security modalities.

Page 2, Article 3, Organisational Structure
... B. ... Its tasks include:
... c. ensuring the unhindered access for the delivery of the humanitarian assistance, and in this context, coordinates closely with the Joint Committee on Security Modalities.
Ceasefire
Ceasefire provision
Page 3, Article 3, Organisational Structure
C. Joint Committee on Security Modalities (JCSM)
The Joint Committee on Security Modalities is the body which deals with the following tasks:
a. to ensure the reduction of tension and cessation of violence;
... c. to guarantee the absence of offensive military actions by armed forces of the Government of the Republic of Indonesia, and by the Free Aceh Movement;
... f. to assist in the elimination of offensive actions by armed elements which do not belong to the Parties to this Joint Understanding. Membership of this Committee will consist of 10 members, 5 each appointed by the Parties to this Joint Understanding.

Page 4, Article 4

Article 4

Time Frame

A. The first phase of the Humanitarian Pause covers a period of 3 months commencing 3 weeks from the signing of this Joint Understanding. It will be reviewed 15 days prior to the end of first phase for its renewal.

B. Prior to any unilateral withdrawal from the joint Understanding, the Parties agree to hold consultations in the Joint Forum in Switzerland.
Police
Page 3, Article 3, Organisational Structure
C. Joint Committee on Security Modalities (JCSM)
The Joint Committee on Security Modalities is the body which deals with the following tasks:
... d. to facilitate legitimate or non-offensive presence and movements of armed forces;
... e. to ensure the continuing of normal police function for the enforcement of law and the maintenance of public order, including riot control, prohibition of the movement of civilian with arms; and
Armed forces
No specific mention.
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
No specific mention.
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 2, Article 3, Organisational Structure
The organisational structure for the Humanitarian Pause consists of following bodies:
A. Joint Forum,
The Joint Forum is the highest organ of the Humanitarian Pause, and as such, it is entrusted with the following tasks:
a. to formulate and oversee basic policy;
b. to review the progress of the Humanitarian Pause; and
c. to generate the necessary support for a successful implementation of the Humanitarian Pause.
The Joint Forum, in Switzerland, will consist of representatives of the Government of Indonesia and of the Free Aceh Movement. The Henry Dunant Centre for Humanitarian Dialogue (HDC) acts as the facilitator.

Page 2-3, Article 3, Organisational Structure
... A Monitoring Team will be established whose tasks are:
- to assess the implementation of the humanitarian action;
- to report their findings to the Joint Forum.
Its membership will consist of 5 persons of high integrity as agreed by the two Parties.

Page 4, Article 4, Time Frame
... B. Prior to any unilateral withdrawal from the joint Understanding, the Parties agree to hold consultations in the Joint Forum in Switzerland.

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