11 European Security and Defence Policy:
Peace Monitoring Mission to Indonesia
| (a)
(27498)
9363/06
—
(b)
(27504)
9118/06
—
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Council Joint Action amending and extending Joint Action 2005/643/CFSP on the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM).
Council Decision concerning the extension of the agreement in the form of an Exchange of Letters between the European Union and the Government of Indonesia on the tasks, status, privileges and immunities of the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM) and its personnel
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| Legal base | Article 14 EU; unanimity (Joint Action); Article 24 EU; unanimity (agreement)
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter of 17 June 2006
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| Previous Committee Report | HC 34-xxx (2005-06), para 18 (24 May 2006)
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| Discussed in Council | 12-13 June General Affairs and External Relations Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared (decision reported on 24 May)
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Background
11.1 The need to deal with the aftermath of the Tsunami that devastated
large areas of the coastline of the Indonesian provinces of Aceh
and North Sumatra gave added impetus to a negotiated peace in
Aceh between the Indonesian Government (GoI) and the separatist
group, the Free Aceh Movement (GAM). A Memorandum of Understanding
between the GoI and the GAM incorporated the establishment of
an Aceh Monitoring Mission (AMM), to monitor implementation, through
a civilian ESDP mission collaborating with the ASEAN countries
of Brunei, Malaysia, Philippines, Singapore and Thailand.
11.2 It was to run from 15 September 2005 for six
months. Its principal tasks were to:
a) monitor GAM demobilisation and monitor and
assist with the decommissioning and destruction of its weapons,
ammunition and explosives;
b) monitor the re-location of non-organic military
forces and non-organic police troops;
c) monitor the reintegration of active GAM members;
d) monitor the human rights situation and provide
assistance in this field in the context of the tasks set out in
subparagraphs (a), (b) and (c) above;
e) monitor the process of legislation change;
f) rule on disputed amnesty cases;
g) investigate and rule on complaints and alleged
violations of the MoU; and
h) establish and maintain liaison and good co-operation
with the parties.
The draft Joint Action and the draft Council Decision
11.3 On 12 October 2005, we cleared a draft Council
Joint Action providing the basis for the establishment of the
AMM and an agreement between the GoI and the EU on its status
and that of its staff in Indonesia. Later, the then Minister for
Europe reported good progress at the halfway stage, in which the
AMM (to which the UK was contributing 11 staff) had played a key
role. Co-operation between the EU and ASEAN had worked well, with
the headquarters and district officers composed of a mix of EU
and ASEAN staff.
11.4 In February, in response to GOI and GAM wishes,
the Head of Mission requested a three-month extension to allow
a continued monitoring presence in Aceh until local elections,
which were expected to take place in June. The AMM would be reduced
in March from around 200 to 85, reflecting the fact that a) and
b) had been completed, leaving the mission with c)-h). A Commission
Election Monitoring Mission was expected to be deployed. Then,
in his 18 May Explanatory Memorandum, the Parliamentary-Undersecretary
of State at the Foreign and Commonwealth Office (Lord Triesman)
explained that, again in response to the wishes of GOI and GAM,
the Head of Mission has now requested an additional three-month
extension from 15 June 2006, because the local elections were
now expected to take place by September. He reiterated the information
on planned reductions and said that a Commission Election Monitoring
Mission was also expected to be deployed.
11.5 The Joint Action formally extends the mission,
and the Council Decision the provisions of the SOMA, for three
months.
The Minister's letter
11.6 Given the nature of the mission — the
first of its kind, and the first in Asia — the widespread
interest in the House in both UK and EU efforts to assist in dealing
with the aftermath of the Tsunami and in ESDP, we considered a
Report on the inception and initial progress of the AMM appropriate.[35]
We did not consider that a straightforward extension in February
warranted a substantive Report to the House. A further short,
straightforward extension would again not have warranted a substantive
Report. We had no wish to hold up this important work, and cleared
the documents. But the elections had slipped, and it seemed that
the anticipated reductions had not taken place, upon which we
would have expected the Minister to have shed light, i.e., to
have provided a proper progress report, explaining the context
within which this further extension was being sought. We accordingly
asked him to do so.
11.7 In his 17 June 2006 letter, the Minister for
Europe (Mr Geoffrey Hoon) says:
"Overall, implementation of the peace agreement
has continued to progress well. Reintegration of former Free Aceh
Movement (GAM) fighters is continuing, the outstanding amnesty
cases are being resolved, and the number of security and human
rights incidents in Aceh has dropped. In May, GAM announced that
it was relaunching as a civilian political movement.
"However, a new Law on Governing Aceh (LoGA),
mandated in the peace agreement, needs to be passed through the
national parliament in Jakarta before the local elections can
take place (its provisions cover how the election will be run).
This is necessary to fulfil some of the terms of the peace agreement
— in particular, the clause on local political participation.
Under the peace agreement, the LoGA should have been passed by
31 March 2006. The delay came about because the draft bill, presented
to Parliament on 31 January by the Indonesian government, is still
under discussion by the relevant parliamentary committee.
"At this stage, we do not judge that the delay
is a significant setback to overall implementation of the MoU.
The bill is progressing through the parliamentary system. The
Indonesian government has pledged to urge the legislature to take
the draft law forward quickly once it reaches plenary session.
Thus far the GAM leadership has not made an issue of the delayed
timetable.
"Under these circumstances we support this short
extension to the AMM. Its presence is helping provide confidence
to both sides during this crucial period and premature withdrawal
could prove detrimental.
"May I add that in the Explanatory Memorandum
we stated that the AMM would be reduced on extension from around
200 to 85 EU and ASEAN country monitors. In fact, the number of
monitors was reduced on 15 March, to 88 (the current total)."
Conclusion
11.8 We, too, supported this short extension.
But, in the absence of a fuller justification, we were concerned
that this might be the beginning of a drawn-out process.
11.9 We are grateful to the Minister for this
further information, which now provides the sort of explanation
that, if provided in the first instance, would have been reassuring.
If there is any such further request, we shall expect likewise.
35 See headnote. Back
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