Differing interpretations could derail peace pact<\/p>\n
Tony Hotland, The Jakarta Post, Jakarta<\/p>\n
The government and the Free Aceh Movement (GAM) signed an
\nhistoric peace agreement, though not the first, on Monday in
\nHelsinki, Finland. Noted lawyer and human rights activist Todung
\nMulya Lubis, who is on the board of the Jakarta-based Tifa
\nFoundation focusing on empowering civil society, shared his
\nthoughts with The Jakarta Post's Tony Hotland.<\/p>\n
Question: In general, what is your opinion of the Memorandum
\nof Understanding (MOU) between the government and the Free Aceh
\nMovement (GAM)?<\/p>\n
Answer: I personally welcome the signing of the peace accord
\nin Helsinki. This is a new historical beginning, an essential
\nmoment for Indonesia. The challenge, of course, lies ahead and I
\nhave my own concerns.<\/p>\n
What concerns?<\/p>\n
If we read the contents of the MOU, there are six major
\npoints: the governing of Aceh, human rights,
\namnesty\/reintegration of former GAM members into society,
\nsecurity arrangements and the establishment of the Aceh
\nMonitoring Mission (AMM) and dispute settlement.<\/p>\n
My particular concern is over the possibility of multiple
\ninterpretations of the articles in the MOU by the two parties ...
\ndifferences in interpretations, which could lead to different
\nimplementation on the ground.<\/p>\n
For example, about the governing of Aceh. It says that a new
\nlaw will be promulgated and will enter into force not later than
\nMarch 31, 2006. This could mean an amendment to Law No. 18\/2001
\non Special Autonomy for Aceh or an enactment of a completely new
\nlaw. It is not clear.<\/p>\n
Another example, is when it says that Aceh will exercise
\nauthority within all sectors of public affairs, which will
\nexclude the fields of foreign affairs, external defense, national
\nsecurity, monetary and fiscal matters, justice and freedom of
\nreligion. But in his speech after the signing, the GAM
\nrepresentative did not mention nor acknowledge these exclusions.
\nIt is possible that GAM sees this as full self-governing with the
\nestablishment of a completely new law.<\/p>\n
It is likely that there are two different minds, and also two
\ndifferent objectives. We assume that the accord was signed within
\nthe spirit of a united Indonesia, but none of the representatives
\nexplicitly mentioned that spirit in their speeches. It was
\nimplicit, but not explicit. Are we then the ones who have to read
\nbetween the lines?<\/p>\n
But both parties supposedly already detailed the content and
\nthe interpretations of the peace deal during the rounds of
\ndiscussion since January?<\/p>\n
I do suppose that they must have ironed these out. But we need
\nto remember that to implement the contents of the accord will
\nrequire participation from other institutions, like the House of
\nRepresentatives for amendments to laws or the various civil
\nsociety groups in Aceh. Without proper and adequate involvement
\nof these other parties, whose roles are crucial, the room for
\nmultiple interpretations becomes quite large, from which
\nobstacles are likely to appear.<\/p>\n
Let me take another example. The government said it would
\ngrant amnesty for GAM political prisoners, but not those
\nprisoners charged with common criminal offenses. There are
\ncertainly gray areas here. What about those who were illegally
\ncollecting taxes? They will say that they did it as part of GAM's
\nactivities although non-political, but the police see them as
\ncommon criminals.<\/p>\n
Many consider that the Indonesian government bowed down too
\nmuch to GAM's demands. How do you see this?<\/p>\n
I can see that the government is really accommodating many of
\nGAM's demands. I understand this as I am sure it is costing the
\ngovernment too much to finance the war ... over 30 years of
\nconflict and trillions of rupiah that could have instead been
\nspent on development projects.<\/p>\n
The generous accommodation by the government should be
\nreciprocated with genuine intent on GAM's part to terminate
\nfighting or no peace will be accomplished.<\/p>\n
What is important now is the confidence-building measures in
\nthe implementation of the MOU within the first months after the
\nsigning because although there seems to be a prevailing euphoria,
\nthere are also doubts and concerns that this too could fail just
\nlike the Cessation of Hostilities Agreement (COHA).<\/p>\n
What do you think caused the COHA to fail in 2003, and what
\ncould be done to prevent it from recurring?<\/p>\n
I think it was the disarmament process that did not work.
\nThere was mutual distrust between the two sides. The government
\neven said that GAM was trying to reorganize and reconsolidate
\nitself during the process, but not for the purpose of peace. And
\nI am sure GAM had their own doubts about the government.<\/p>\n
This time, both parties should be consistent in taking this
\nMOU seriously because there are still mixed feelings in Aceh now.<\/p>\n
With this generous accommodation by the government, do you see
\nany chance for other areas, especially where separatist movements
\nalready exist, to make similar demands?<\/p>\n
Sure this peace deal will be an inspiration for other regions,
\nparticularly for those where separatist movements are present, to
\nmake similar requests. So this should be seen not only as a peace
\ndeal with GAM, but also with other separatist movements.<\/p>\n
And it would be naive to think that people in other regions
\nwould not read the contents of the MOU, which will remind them of
\ntheir discontent with the economic, political and social
\nconditions in their respective regions.<\/p>\n
The key to stifling these movements is to be just and equal.
\n(We need to) be consistent in implementing the regional autonomy
\nthat has been granted to the provinces, instead of trying to
\nhamper the process, so that the central government becomes the
\none that supports the development process and gives direct
\nbenefits for all people equally.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/differing-interpretations-could-derail-peace-pact-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}