Aceh likely to have local parties
Aceh likely to have local parties
The Jakarta Post, Jakarta
The government is considering amending the 2001 law on special
autonomy for Aceh to accommodate the Free Aceh Movement's (GAM)
demand to set up its own local political party there.
The move to allow GAM to field candidates in regional
elections in Aceh is part of a peace deal that negotiators hope
will end three decades of conflict in the province.
"We will take a middle way by allowing local political parties
to exist through the amendment of the law on special autonomy for
Aceh instead of (changing) the law on political parties," State
Secretary Yusril Ihza Mahendra said after a meeting with
President Susilo Bambang Yudhoyono on Tuesday.
The draft peace deal inked by government and GAM delegates in
Helsinki on Sunday states the rebel group will be allowed to form
a local party in exchange for its acknowledgement of Indonesia's
sovereignty over Aceh.
Yusril said the establishment of local parties in Aceh would
not contravene the law on political parties, which bans local
parties nationwide, as the province would be treated as a special
case.
"The special autonomy law is considered lex specialis instead
of lex generalis. Whereas amending the political party law would
cause other regions to voice similar demands (for local party
representation)," he said.
The special autonomy law for Aceh was created to dampen
separatist feelings in the province and grants the regional
government a 70 percent of share of oil and gas revenues and a
permit to apply sharia law, which is not recognized in the
national legal system.
"Should the amendment materialize, GAM will not be the only
group allowed to establish a local political party in Aceh."
Yusril said.
He suggested that local political parties not be entitled to
representation in the House of Representatives and be banned from
campaigning for independence.
Yusril warned, however, of likely challenges to any proposed
amendment allowing for the creation of regional political parties
by House lawmakers.
Many in the House initially opposed the government's peace
negotiations with GAM. The mood changed, however, after faction
leaders gathered at Vice President Jusuf Kalla's residence a few
days before the Helsinki talks resumed on July 12.
The government's negotiating team, led by Minister of Justice
and Human Rights Hamid Awaluddin, is expected to meet the
President on Wednesday. Kalla, who initiated and was involved in
the negotiations will also be present.
A Cabinet meeting will be arranged afterwards to decide
technical issues involving the peace deal.
Peace deals in Aceh have been fragile in the past. A truce
agreed to in December 2002 broke down in the New Year and the
government and GAM only went back to the negotiating table after
last year's devastating earthquake and tsunami.
Asmara Nababan, the executive director of the Demos Research
Institute on Democracy and Human Rights, suggested the government
amend the law on political parties to avoid future legal
problems.
"The law on political parties does not actually ban local
political parties. But there are clauses in the law which forbid
local parties from contesting elections," Asmara said.
United Development Party member Mahmud F. Rakasima, meanwhile,
said that any change of the election laws would encourage
separatist groups in other areas to demand representation.
Mahmud said the best option would be for former GAM members to
join existing or new national parties.