40 European Security and Defence Policy:
Peace Monitoring Mission to Indonesia
| (26779 and 26780)
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| Draft Council Joint Action on the European Union Monitoring Mission in Aceh (Indonesia) and draft Agreement between the EU and the Government of Indonesia on the Status of the EU led Monitoring Mission in Indonesia
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| Legal base | Article 14 EU; unanimity (Joint Action); Article 24 EU; unanimity (draft agreement)
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EMs of 26 August 2005
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| Previous Committee Report | None
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| Discussed in Council | 18 July 2005
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
40.1 On 26 December 2004, an earthquake measuring 8.9 on the Richter
scale occurred off the coast of North Sumatra, causing a Tsunami
that affected several countries in South and South-East Asia and
Africa. In Indonesia the provinces of Aceh and North Sumatra were
worst hit, with over 126,500 people dead, 93,500 missing and large
areas of coastline devastated. The Indonesian Government, together
with NGOs and the international community, worked together to
ensure that emergency relief, including food, temporary shelter
and medical supplies, reached affected areas immediately. On 26
March, three months after the disaster, the Indonesian Government
announced the end of this emergency phase and the beginning of
the recovery phase for Aceh.
40.2 The Tsunami gave added importance to the need
for a negotiated peace in Aceh between the Indonesian Government
(GoI) and the separatist group, the Free Aceh Movement (GAM).
Fighting has been ongoing since 1976. In January 2005, the Indonesian
Government and GAM met in Helsinki in the first of a series of
peace talks. EU Members States supported the talks in the belief
that a long-term solution to Aceh's problems can only be achieved
through peaceful political negotiation and consultation with the
people. Under the stewardship of former President of Finland Ahtisaari,
a peace agreement was signed in Helsinki 15 August 2005, in the
form of a Memorandum of Understanding, between the GoI and the
Free Aceh Movement (GAM), which it is hoped signals the end of
this 30-year conflict.
40.3 At the 18 July General Affairs and External
Relations Council (GAERC), Ministers agreed in principle to provide
observers to monitor the implementation of the anticipated peace
accord through a civilian ESDP mission. This followed the Indonesian
government's 12 July invitation to the EU to participate in an
Aceh Monitoring Mission (AMM). The GoI sent a similar invitation
to the ASEAN countries of Brunei, Malaysia, Philippines, Singapore
and Thailand. The GAM also indicated its support for EU participation.
The 15 August MoU thus incorporates the establishment of the AMM
by the EU and ASEAN contributing countries with a mandate to monitor
the implementation of certain commitments undertaken by the GoI
and the GAM in the MoU.
The draft Joint Action
40.4 The draft Council Joint Action provides the
basis for the establishment of the AMM. It draws on the findings
of an EU technical assessment mission sent to Indonesia in August
2005 and an earlier fact-finding mission of July 2005. The AMM's
activities are those agreed between GoI and GAM in their MoU/peace
accord and will include:
- monitoring the demobilisation
of GAM and monitoring and assisting with the decommissioning of
its armaments;
- monitoring the re-location of GoI military forces
and police troops;
- monitoring the reintegration of active GAM members;
- monitoring the human rights situation and providing
assistance in this field; monitoring the process of legislation
change;
- ruling on disputed amnesty cases;
- investigating and ruling on complaints and alleged
violations of the MoU; and
- establishing and maintaining liaison and good
cooperation with the parties.
40.5 In his first 26 August Explanatory Memorandum,
the Minister of State for Europe in the Foreign and Commonwealth
Office (Mr Douglas Alexander) goes on to say that:
- "planning for the AMM
will be agreed in the Concept of Operations (CONOPS) and Operations
Plan (OPLAN) that are being developed for the 15 September mission
start date. These plans will include further details of the Security
arrangements for the AMM, which will be provided by the GoI.
- "the AMM Head of Mission (HoM) will be Peter
Feith, who has been seconded by the Council Secretariat where
he is the Deputy Director General for ESDP Operations.
- "AMM personnel will be seconded by EU Member
States and the ASEAN countries, Brunei, Malaysia, Philippines,
Singapore and Thailand, plus Norway and Switzerland.
- "control of the AMM will come under the
responsibility of the Council, with political control of the mission
being exercised by the Political and Security Committee".
The draft Agreement
40.6 In his second 26 August Explanatory Memorandum,
the Minister explains that in order for the mission to operate
effectively an agreement is needed between the GoI and the EU
on the status of the AMM and its staff in Indonesia, "including
where appropriate the privileges, immunities and further guarantees
necessary for the completion and smooth functioning of the AMM,
in accordance with Article 24 of the EU Treaty. A draft Status
of Mission Agreement (SOMA) is currently under discussion. We
would note that the Indonesians may request a name other than
SOMA for the final agreement. However, the substance of the agreement
will not change and would continue to provide the legal authority
for the AMM to work in Indonesia as well as the criteria under
which it will be allowed to operate. In particular, the agreement
will confirm:
- "General Provisions concerning
the operation of the mission in Indonesia and the relationship
between AMM and the Indonesian authorities;
- Identification arrangements for AMM personnel
and property;
- Border crossing and movement requirements and
arrangements regarding access to Indonesian transport and communications
networks;
- Agreement that AMM will be accorded diplomatic
status;
- Agreement regarding other privileges and immunities
for AMM personnel;
- Security provisions including agreement on the
use of firearms; and
- Access to Indonesian buildings and information
relevant to the mandate of the AMM."
The Government view
40.7 In his two Explanatory Memoranda, the Minister
says that the EU fully supports this mission, which will have
a mandate up to 15 March 2006:
- "This decision represents
a step forward in the EU's engagement with Indonesia. It reflects
the EU's commitment to promoting a lasting peaceful settlement
to the conflict in Aceh and to increase stability throughout South-East
Asia. On 11 October 2004, the Council reiterated its attachment
to a united, democratic, stable and prosperous Indonesia and reiterated
the EU's respect for the territorial integrity of the Republic
of Indonesia.
- "The EU fully supports this mission. It
will be the first EU monitoring mission of its kind and the first
in Asia. An effective peace accord will allow post Tsunami reconstruction
work to take place in conditions of security.
- "This agreement on the status of the AMM,
however titled, will provide the legal basis to enable the AMM
to carry out its mandate effectively during this period".
40.8 The Minister says that Common Costs (HQ, in-country
transport, office equipment, etc.) are expected to be in the region
of €10.5 million (£7million), "although calculations
are still ongoing. This will be covered by the CFSP budget, to
which the UK contributes approximately 17%, and by contributions
in kind from Member States. The Swedes in particular have offered
a generous contribution". The UK will meet the cost of its
own monitors (nine plus a chief of staff), "which is estimated
to be £100,000 per person including salary, insurance, any
necessary medical clearance, etc. per annum. This will come from
the Whitehall Peacekeeping Budget which is a call on the Treasury's
central contingency reserve, but which forms part of the Africa
and Global Conflict Prevention Pools and is managed by the Foreign
and Commonwealth Office".
40.9 He expects the Joint Action to be agreed by
written procedure by 2 September 2005. In a separate letter, he
explains that this is to enable deployment by 15 September. He
notes that, with the House in recess and the Committee not meeting
until 12 October, it would be necessary for him to over-ride scrutiny,
but hopes that we would understand his reasons.
Conclusion
40.10 We are grateful to the Minister for his
earlier endeavours to keep us alerted to the likelihood of this
mission in the event of a peace accord — which we join him
in welcoming — and accept that, in these particular circumstances,
it was reasonable for him not to have withheld agreement.
40.11 Given the nature of the mission —
the first of its kind, and the first in Asia — and the widespread
interest in the House in European Security and Defence Policy,
we considered a short Report appropriate.
40.12 We clear the documents.
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