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| Malik Mahmud (GAM) (2 from right) together with Pieter Feith (Head of Aceh Monitoring Mission (AMM) (Right) in the framework of round table meeting -6 in Helsinki, Finland, on 4-5 January 2009 [Photo Muzakir Abdul Hamid]. |
WAA – Rabu 19/08/2009, Denmark is where the World Achehnese Association (WAA) celebrated 4 years undersigned a Memorandum of Understanding in Helsinki Finland on Monday 15 August 2005, between the Free Aceh Movement (GAM) and the Government of Indonesia.
Celebration with theme “watch back the MoU“, concentrated in Norrevang 25, 9760 Vrå, Nordjylland, Denmark, attended by Acehnese people who living in abroad also WAA activist include from Finland.
The participants agreed to open back the Memorandum of Understanding between the Government of the Republic of Indonesia and the Free Aceh Movement, which then to evaluated how far had implemented by the both party in Aceh.
The main purpose of these eleven pages MoU evaluation is to find out the various entries which then will send to several parties especially the stakeholder in Aceh so that no one forget what had agreed and signed by GAM and RI.
Minim implemented of grains Memorandum of Understanding actually will be the actual measure tool for various parties to predict possibilities what will happen in Aceh, and a very feared this would encourage slowly movement of people economic development.
World Achehnese Association (WAA) deplore if MoU not thoroughly and completely implemented in Aceh in accordance with the trust agreement, it will many negative effects, so it does not close the possibility of peace in Aceh process will be a peace that does not peace.
The celebration was held on Saturday 15 August 2009, it starts at 3:10 until 5:15 in the evening and closing with prayers to the fighter and hero of the Aceh nation who have died earlier, hopefully they get a good place.
Without disappear respect to all parties, and then after examine and evaluated the MoU, WAA Headquarter Denmark as the event organizer with participants who attended try to underlines some points suggestions in order to implement in Aceh accordance with the agreement.
These effort we take when we refer to the special paragraph in the last page of Memorandum of Understanding stated that : GoI and GAM will not undertake any action inconsistent with the letter or spirit of this Memorandum of Understanding, signed by Minister of Law and Human Rights Leadership Hamid Awaludin
(on behalf of the Government of the Republic of Indonesia), Malik Mahmud (on behalf of the Free Aceh Movement), as witnessed by Martti Ahtisaari (Former President of Finland, Chairman of the Board of Directors of the Crisis Management Initiative, Facilitator of the negotiation process
List below are some points of peace agreement between RI and GAM according our evaluation which not yet implemented accordance with Helsinki MoU:
1. Governing of Aceh
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.
1.1.5 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
1.2.5 All Acehnese residents will be issued new conventional identity cards prior to the
elections of April 2006.
1.2.7 Outside monitors will be invited to monitor the elections in Aceh. Local elections may be undertaken with outside technical assistance.
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.
1.3.7 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.
1.4.2 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.
1.4.4 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 compliance 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
2.3 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.
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 and reintegration into society
3.1 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 this 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.
3.2 Reintegration into society
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.
4. Security arrangements
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.
4.10 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
5.2 The tasks of the AMM are to:
c) monitor the reintegration of active GAM members,
d) monitor the human rights situation and provide assistance in this field,
f) rule on disputed amnesty cases,
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 resolved 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, the Chairman of the Board of
Directors of the Crisis Management Initiative will make a ruling which will be
binding on the parties.
That all the results of our evaluation, high hope the peace agreements already signed in Helsinki, Finland is true a clearly agreement, with aims for public interest toward create welfare of the people of Aceh.
The WAA files Four Years Aceh Peace Agreement “watch back the MoU“ , also will sent to the related parties who can presumably to align Aceh peace agreement that has been running 4 years:
1. Government of Aceh
2. DPRA ( Aceh Parliament)
3. KPA (Aceh Committee Transition) and GAM ( Free Aceh Movement)
4. Uni European Security and Politic Committee
5. Crisis Management Intiative (CMI)
Fjerritsvlev, Denmark
Selasa 18 Agustus 2009
Team World Achehnese Association (WAA)
Ban sigom donja keu Aceh!
