Wed, 20 Jul 2005

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.