Article The EU shall nominate a Chief Observer and a Deputy Chief Observer who shall represent the EU EOM.

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1 MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE EUROPEAN COMMISSION ON BEHALF OF THE EUROPEAN COMMUNITY (EUROPEAN UNION) ON THE OBSERVATION OF THE LOCAL ELECTIONS (PILKADA) IN THE PROVINCE OF NANGGROE ACEH DARUSSALAM IN DECEMBER 2006 The Government of the Republic of Indonesia, hereinafter referred to as "the Government" and the European Commission on behalf of the European Community (European Union), hereinafter referred to as "the EC"; Noting that the Government is to conduct free and fair Local Elections in the Province of Nanggroe Aceh Darussalam [NAO] in December 2006, through the Independent Election Commission of Aceh [Komisi lndependen Pemilihan - KIP] under Law No. 11/2006 [Law on 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 the EC, in consultation with the Member States of the European Union, has accepted the invitation to observe the Local Elections Pilkada in Aceh, and that a European Union Election Observation Mission (EU EOM) is ready for deployment; Recognizing the invitation by the Government of the Republic of Indonesia to the EC; Have agreed as follows: Article 1 1. The objective of this Memorandum of Understanding is to set forth the understanding of the Government and the EC on the conduct of EU EOM in observing local elections Pilkada to be held in Aceh in December For the purpose of this MoU, local elections (Pilkada in Aceh) are local elections in the Province of Nanggroe 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. u /

2 3. The observation shall be conducted in accordance with the provisions set forth in Law No. 11/2006 on Governance of Aceh and Qanun No. 7/2006 and shall conform with other relevant national and local laws of Indonesia. 4. The EU EOM and its members shall maintain strict impartiality, objectivity and independence in the conduct of their mandate. In particular, all EU EOM 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 European Observers (attached). EU EOM observers shall not interfere in the election process. Article 2 1. The Government shall take the necessary steps to facilitate in a timely manner the granting of appropriate visas to all members of the EU EOM to ensure their lawful entry into Indonesian territory for the period of the mission, in accordance with Indonesia's national and local laws and regulations. Visas shall be provided after KIP completes and submits the results of the accreditation process to the Government. 2. The Government shall provide the EU EOM 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. The Government shall take all adequate measures to ensure the personal safety of the members of the EU EOM, 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 the EU EOM shall enjoy freedom of movement throughout Aceh. The government will guarantee the EU EOM and its members, freedom of movement between all polling stations in Aceh, counting centres, and all other bodies of the election administration. 2. All members of the EU EOM 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 the EC. 2

3 Article 4 1. The European Commission, through its Delegation 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 probable duration of stay of all EU observers. 2. Taking into account Article 3.1 above, some of the EU EOM observers shall be deployed well in advance of election day, enabling them to follow 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. The EU shall nominate a Chief Observer and a Deputy Chief Observer who shall represent the EU EOM. 4. The EU shall submit to the Government a copy of the EU EOM Statement of Preliminary Findings and Conclusions, which shall be issued after Election Day, and a copy of the EU EOM 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 the Government and the EC. 2. For the purpose of amending this Memorandum of Understanding, consultations may be held at the request of the Government and the EC. Amendments shall be made by mutual consent in writing between the Government and the EC. 3. Such amendments shall form an integral part of this Memorandum of Understanding. 3

4 Article 6 This Memorandum of Understanding shall enter into force on the date of its signing, and shall remain in force until the local elections in Aceh scheduled December 2006 shall have been duly accounted for, unless otherwise agreed upon by the Government and the EC. In witness whereof, the undersigned, being duly authorized by the Government and the EC, have signed this Memorandum of Understanding. Done in duplicate at Jakarta on this Q.1 Thousand and Six in the English language. day of September in the year Two FOR THE GOVERNMENT OF THE REPUBLIC OF IND NESIA FOR THE EUROPEAN COMMISSION ON BEHALF OF THE EUROPEAN COMMUNITY (EU OPEAN UNION) H.E. Mr. Jea Breteche Ambassador/Head of Delegation 4 -

5 Code of Conduct for official EU Election Observers In line with the provisions of Council Decision 9262/98, all official EU 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 EU observer team; Observers will carry with them prescribed identification issued by the host government or Election Commission, 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 time 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 EU 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.

6 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.