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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF MALAYSIA
ON THE OBSERVATION OF THE LOCAL ELECTIONS (PILKADA)
IN THE PROVINCE OF THE NANGGROE ACEH DARUSSALAM
IN DECEMBER 2006
The Government of the Republic of Indonesia, hereinafter referred to as "GoI'' and the
Government of Malaysia, hereinafter referred to as "GoM",
Noting that Go I is to conduct free and fair Local Elections in the Province of Nanggroe
Aceh Darussalam [NAD] in December 2006, through the Independent Election
Commission of Aceh [Komisi Independen Pemilihan - KIP] under Law No. 11/2006
[Law of Governance of Aceh] with a view to providing a peaceful and sustainable
solution to the conflict in Aceh.
Emphasizing that the democratic conduct of the 2006 Local Elections in Aceh is
within the domain of internal affairs of the Republic of Indonesia; a result of the
Government's efforts to achieve a peaceful settlement of the conflict in Aceh, as
manifested in the enactment of Law 11/2006 on the Governance of Aceh.
Considering that GoM, has accepted the invitation from Goi to observe the Local
Elections Pilkada in Aceh.
Have agreed as follows:
Article 1
1. The objective of this Memorandum of Understanding is to set forth the
understanding of Gol and GoM in observing local elections Pilkada to be held in
Aceh in December 2006.
2. For the purpose of this MoU, local elections (Pilkada in Ace h) are local elections in
the Province ofNanggroe Aceh Darussalam of the Republic of Indonesia to be held
in December 2006 to elect the Governor of Aceh, regents (Bupati) and mayors
(Walikota) and their respective deputies, which also include second round thereafter
if necessary.
3. The observation shall be conducted in accordance with the provisions set forth in
Law 1112006 on Governance of Aceh and Qanun No. 7/2006 and shall conform
with other relevant national and local laws of Indonesia.
4. GoM shall maintain strict impartiality, objectivity, and independence in the conduct
of their mandate. In particular, all GoM observers shall abide by the national laws
and regulations of Indonesia, including Law 11/2006, Qanun 7/2006, KIP Decree
17/2005 and the Code of Conduct for official of GoM Election Observers
(attached). GoM observers shall not interfere in the election process.
Article 2
1.
Gol shall take the necessary steps to facilitate in a timely manner the granting of
appropriate visas to all members of GoM observers to ensure their lawful entry
into Indonesian territory for the period of the mission, in accordance with
Indonesia's national and local law and regulations. Visas shall be provided after
KIP completes and submits the result of the accreditation process to Gol.
2.
Gol shall provide GoM observers with all necessary assistance for the
implementation of the mission's mandate, in accordance with the laws in force in
the Republic of Indonesia and the terms of the present MoU.
3.
Go I shall take all adequate measures to ensure the personal safety of the members
of GoM observers, that do not exceed the measures provided for Indonesian
citizens or institution concerning similar missions.
Article 3
1.
In the framework of their observation mandate, the members of GoM shall enjoy
freedom of movement throughout Aceh. Goi will guarantee GoM observers,
freedom of movement between all polling stations in Aceh, counting centres, and
all other bodies of the election administration.
2.
All members of GoM observers shall receive prescribed identification issued by
the Independent Election Commission of Aceh, KIP, in line with the relevant
provisions and the agreement made between KIP and GoM.
Article 4
1.
GoM observers, through its embassy in Jakarta, shall inform the Department of
Foreign Affairs of the number of observers deemed necessary to guarantee
impartial, objective, and credible observation of the entire election process, and
the names and curriculum vitae, and the probable duration of stay of all GoM
observers.
2.
Taking into account article 3.1 above, some of GoM observers shaH or may be
deployed weiJ in advance of election day, enabling them to foiJow the
administrative preparation of the elections and to monitor the election campaign.
Some observers may remain in the country to follow the election process until it is
completed, including the announcement of official results and the processing of
complaints and appeals.
3.
GoM observers shall nominate a Chief Observer and a Deputy Chief Observer
who shall represent GoM observers.
4.
GoM observers shall submit to Gol a copy of GoM observers Statement of
Preliminary Findings and Conclusions, which shall be issued after the Election
Day, and a copy of GoM observers Final Report, which will be issued some weeks
after the declaration of the final results.
Article 5
1.
Any dispute on the interpretation of the provisions of this Memorandum of
Understanding shall be settled by consultation or negotiation between Gol and
GoM.
2.
For the purpose of amending this Memorandum of Understanding, consultations
may be held at the request of Gol and GoM. Amendments shall be made by
mutual consent in writing between Gol and GoM.
3.
Such amendments shall form an integral part of this Memorandum of
Understanding.
Article 6
This Memorandum of Understanding shall enter into force on the date of its signing,
and shall remain in force until the Local Election in Aceh scheduled December 2006
shall have been duly accounted for, unless otherwise agreed upon by Gol and GoM.
In witness whereof, the undersigned, being duly authorized by Gol and GoM, have
signed this Memorandum of Understanding.
Done in duplicate at Jakarta on the 6th day of December in the year Two Thousand and
Six in the English language.
ｾ
FOR THE GOVERNMENT OF THE
REPUBLIC OF INDONESIA
ｓｩｧｮ･､＠
FOR THE GOVERNMENT
OF MALAYSIA
Signed
H.E. Mr. Primo Alui Joelianto
H.E. Dato' Zainal Abidin Zain
Director General for Asia, Pacific and
African Affairs
Ambassador
Code of Conduct for official GoM Election Observers
All official GoM observers must adhere to, and are obliged to follow, these
guidelines:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Observers will respect the laws of the land. Observers enjoy no special immunities as
international observers, unless the host country so provides;
Observers will participate in all pre-election briefings with their supervising officers;
Observers will be subject to the direction and management of the observer team
leadership, carrying out their written terms of reference and covering the geographical
schedules specified by team leaders;
Observers should be aware of the presence of other electoral monitoring (i.e.
observation) teams, and liaise with them under the direction of the leader of the GoM
observer team;
Observers will carry with them prescribed identification issued by the host
government, and will identify themselves to any interested authority upon request;
Observers shall maintain strict impartiality in the conduct of their duties, and shall at
no tin1e express any bias or preference in relation to national authorities, parties,
candidates, or with reference to any issues in contention in the election process;
Observers will not display or wear any partisan symbols, colours or banners;
Observers will undertake their duties in an unobtrusive manner, and will not disrupt or
interfere with the election process, polling day procedures, or the vote count;
Observers may bring irregularities to the attention of the election officials, but will not
give instructions or countermand decisions of the election officials;
Observers will base all conclusions on well documented, factual, and verifiable
evidence, and will keep a record of the polling stations and other relevant places that
they visit;
Observers will refrain from making any personal or premature comments about their
observations to the media or any other interested persons, but should provide, through a
designated liaison officer or spokesperson, general information about the nature of
their activities as observers;
Observers will participate in post-election de-briefings with their supervising officers
and will contribute fully towards appropriate GoM reports on the elections monitored
(i.e. observed);
Observers must comply with all national laws and regulations. Where these limit
freedom of assembly or movement about the country, they must note where such rules
prevent them from carrying out their duties;
At all times during the mission, including during private time away from work, each
election observer should behave blamelessly, exercise sound judgement, and observe
the highest level of personal discretion.
Violations to the code of conduct
The Code of Conduct should protect the integrity of the observation mission and the host
government from partial, unobjective and intrusive behaviour. All observers will comply
with any evaluation of their role and conduct during the mission.
If there is a concern that an observer may have violated the Code of Conduct, the Chief
Observer (CO) will initiate an immediate enquiry into the matter, and will consult the
relevant authorities whenever necessary. Any serious violation of the Code of Conduct
would require that the observer in question has his/her accreditation withdrawn, and be
repatriated immediately to his or her country. However, it is ultimately the decision of the
CO to determine if a breach of the Code of Conduct occurred, and to determine the
appropriate course of action.
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF MALAYSIA
ON THE OBSERVATION OF THE LOCAL ELECTIONS (PILKADA)
IN THE PROVINCE OF THE NANGGROE ACEH DARUSSALAM
IN DECEMBER 2006
The Government of the Republic of Indonesia, hereinafter referred to as "GoI'' and the
Government of Malaysia, hereinafter referred to as "GoM",
Noting that Go I is to conduct free and fair Local Elections in the Province of Nanggroe
Aceh Darussalam [NAD] in December 2006, through the Independent Election
Commission of Aceh [Komisi Independen Pemilihan - KIP] under Law No. 11/2006
[Law of Governance of Aceh] with a view to providing a peaceful and sustainable
solution to the conflict in Aceh.
Emphasizing that the democratic conduct of the 2006 Local Elections in Aceh is
within the domain of internal affairs of the Republic of Indonesia; a result of the
Government's efforts to achieve a peaceful settlement of the conflict in Aceh, as
manifested in the enactment of Law 11/2006 on the Governance of Aceh.
Considering that GoM, has accepted the invitation from Goi to observe the Local
Elections Pilkada in Aceh.
Have agreed as follows:
Article 1
1. The objective of this Memorandum of Understanding is to set forth the
understanding of Gol and GoM in observing local elections Pilkada to be held in
Aceh in December 2006.
2. For the purpose of this MoU, local elections (Pilkada in Ace h) are local elections in
the Province ofNanggroe Aceh Darussalam of the Republic of Indonesia to be held
in December 2006 to elect the Governor of Aceh, regents (Bupati) and mayors
(Walikota) and their respective deputies, which also include second round thereafter
if necessary.
3. The observation shall be conducted in accordance with the provisions set forth in
Law 1112006 on Governance of Aceh and Qanun No. 7/2006 and shall conform
with other relevant national and local laws of Indonesia.
4. GoM shall maintain strict impartiality, objectivity, and independence in the conduct
of their mandate. In particular, all GoM observers shall abide by the national laws
and regulations of Indonesia, including Law 11/2006, Qanun 7/2006, KIP Decree
17/2005 and the Code of Conduct for official of GoM Election Observers
(attached). GoM observers shall not interfere in the election process.
Article 2
1.
Gol shall take the necessary steps to facilitate in a timely manner the granting of
appropriate visas to all members of GoM observers to ensure their lawful entry
into Indonesian territory for the period of the mission, in accordance with
Indonesia's national and local law and regulations. Visas shall be provided after
KIP completes and submits the result of the accreditation process to Gol.
2.
Gol shall provide GoM observers with all necessary assistance for the
implementation of the mission's mandate, in accordance with the laws in force in
the Republic of Indonesia and the terms of the present MoU.
3.
Go I shall take all adequate measures to ensure the personal safety of the members
of GoM observers, that do not exceed the measures provided for Indonesian
citizens or institution concerning similar missions.
Article 3
1.
In the framework of their observation mandate, the members of GoM shall enjoy
freedom of movement throughout Aceh. Goi will guarantee GoM observers,
freedom of movement between all polling stations in Aceh, counting centres, and
all other bodies of the election administration.
2.
All members of GoM observers shall receive prescribed identification issued by
the Independent Election Commission of Aceh, KIP, in line with the relevant
provisions and the agreement made between KIP and GoM.
Article 4
1.
GoM observers, through its embassy in Jakarta, shall inform the Department of
Foreign Affairs of the number of observers deemed necessary to guarantee
impartial, objective, and credible observation of the entire election process, and
the names and curriculum vitae, and the probable duration of stay of all GoM
observers.
2.
Taking into account article 3.1 above, some of GoM observers shaH or may be
deployed weiJ in advance of election day, enabling them to foiJow the
administrative preparation of the elections and to monitor the election campaign.
Some observers may remain in the country to follow the election process until it is
completed, including the announcement of official results and the processing of
complaints and appeals.
3.
GoM observers shall nominate a Chief Observer and a Deputy Chief Observer
who shall represent GoM observers.
4.
GoM observers shall submit to Gol a copy of GoM observers Statement of
Preliminary Findings and Conclusions, which shall be issued after the Election
Day, and a copy of GoM observers Final Report, which will be issued some weeks
after the declaration of the final results.
Article 5
1.
Any dispute on the interpretation of the provisions of this Memorandum of
Understanding shall be settled by consultation or negotiation between Gol and
GoM.
2.
For the purpose of amending this Memorandum of Understanding, consultations
may be held at the request of Gol and GoM. Amendments shall be made by
mutual consent in writing between Gol and GoM.
3.
Such amendments shall form an integral part of this Memorandum of
Understanding.
Article 6
This Memorandum of Understanding shall enter into force on the date of its signing,
and shall remain in force until the Local Election in Aceh scheduled December 2006
shall have been duly accounted for, unless otherwise agreed upon by Gol and GoM.
In witness whereof, the undersigned, being duly authorized by Gol and GoM, have
signed this Memorandum of Understanding.
Done in duplicate at Jakarta on the 6th day of December in the year Two Thousand and
Six in the English language.
ｾ
FOR THE GOVERNMENT OF THE
REPUBLIC OF INDONESIA
ｓｩｧｮ･､＠
FOR THE GOVERNMENT
OF MALAYSIA
Signed
H.E. Mr. Primo Alui Joelianto
H.E. Dato' Zainal Abidin Zain
Director General for Asia, Pacific and
African Affairs
Ambassador
Code of Conduct for official GoM Election Observers
All official GoM observers must adhere to, and are obliged to follow, these
guidelines:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Observers will respect the laws of the land. Observers enjoy no special immunities as
international observers, unless the host country so provides;
Observers will participate in all pre-election briefings with their supervising officers;
Observers will be subject to the direction and management of the observer team
leadership, carrying out their written terms of reference and covering the geographical
schedules specified by team leaders;
Observers should be aware of the presence of other electoral monitoring (i.e.
observation) teams, and liaise with them under the direction of the leader of the GoM
observer team;
Observers will carry with them prescribed identification issued by the host
government, and will identify themselves to any interested authority upon request;
Observers shall maintain strict impartiality in the conduct of their duties, and shall at
no tin1e express any bias or preference in relation to national authorities, parties,
candidates, or with reference to any issues in contention in the election process;
Observers will not display or wear any partisan symbols, colours or banners;
Observers will undertake their duties in an unobtrusive manner, and will not disrupt or
interfere with the election process, polling day procedures, or the vote count;
Observers may bring irregularities to the attention of the election officials, but will not
give instructions or countermand decisions of the election officials;
Observers will base all conclusions on well documented, factual, and verifiable
evidence, and will keep a record of the polling stations and other relevant places that
they visit;
Observers will refrain from making any personal or premature comments about their
observations to the media or any other interested persons, but should provide, through a
designated liaison officer or spokesperson, general information about the nature of
their activities as observers;
Observers will participate in post-election de-briefings with their supervising officers
and will contribute fully towards appropriate GoM reports on the elections monitored
(i.e. observed);
Observers must comply with all national laws and regulations. Where these limit
freedom of assembly or movement about the country, they must note where such rules
prevent them from carrying out their duties;
At all times during the mission, including during private time away from work, each
election observer should behave blamelessly, exercise sound judgement, and observe
the highest level of personal discretion.
Violations to the code of conduct
The Code of Conduct should protect the integrity of the observation mission and the host
government from partial, unobjective and intrusive behaviour. All observers will comply
with any evaluation of their role and conduct during the mission.
If there is a concern that an observer may have violated the Code of Conduct, the Chief
Observer (CO) will initiate an immediate enquiry into the matter, and will consult the
relevant authorities whenever necessary. Any serious violation of the Code of Conduct
would require that the observer in question has his/her accreditation withdrawn, and be
repatriated immediately to his or her country. However, it is ultimately the decision of the
CO to determine if a breach of the Code of Conduct occurred, and to determine the
appropriate course of action.