Aceh peace deal remains in effect: HDC

Aceh peace deal remains in effect: HDC

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

Even if the Indonesian government goes ahead with its planned
military operation in Aceh, the Cessation of Hostilities
Agreement (COHA) signed last year between Jakarta and the Free
Aceh Movement (GAM) will remain effective, peace broker Henry
Dunant Centre (HDC) says.

Spokesman for the HDC Steve Daly said on Monday that neither
party would be considered as having withdrawn from the deal, as
long as a Joint Council meeting has not yet taken place.

"As facilitators, we consider the COHA remains in effect until
we exhaust every avenue to save the peace, or until one of the
parties unilaterally withdraws," Daly told The Jakarta Post.

He said his office would continue in its efforts to save the
peace pact, despite the looming operation to quell the rebels.

His statement came ahead of the May 12 deadline set by the
government for GAM, with no positive results emerging from last-
ditch diplomatic attempts to save the peace.

The COHA says either party can quit the agreement at a meeting
of the Joint Council, the highest monitoring body of the truce
signed in Geneva on Dec. 9, 2002.

Following the failure to arrange a Joint Council meeting two
weeks ago, Jakarta set a May 12 deadline for the separatist
movement to return to the negotiating table under two
preconditions: GAM's acceptance of Aceh's special autonomy under
the unitary state of Indonesia, and disarmament. The terms have
been rejected by the rebels.

Coordinating Minister for Political and Security Affairs
Susilo Bambang Yudhoyono asserted on Monday that the Indonesian
government had never quit the agreement. "But in reality, the
COHA doesn't work effectively," he said.

Article 9 of the agreement on Amendment or Termination clearly
stipulates that another 30 days must pass after the Joint Council
meeting before either side can decide whether to quit the deal or
not.

Member of the National Commission on Human Rights (Komnas HAM)
M.M. Billah said that the planned joint operation by the
government could be seen as a violation of COHA.

"Politically, we can say that the government cannot be
trusted, and from an ethical point of view, has violated the deal
it signed," Billah told the Post.

Referring to Article 9 of the agreement, he said the
government should have pushed further for the Joint Council
meeting.

The rights body had dispatched a team to Aceh to monitor the
military operation as part of the commission's duty to observe
the human rights condition during the conflict.

"The team will stay there until July and it is within our
authority to monitor any government activities that may be prone
to violating human rights," Billah said.

Cessation of Hostilities Agreement

Article 9: Amendment or Termination

This Agreement may only be amended by agreement between the two
parties in the Joint Council. Should either party wish to
unilaterally terminate the Agreement, then they are obligated to
first bring the issue to the Joint Council and engage in and
support all efforts by the Joint Council to resolve the problem
within a sufficient period of time (no less than 30 days). If the
Joint Council is unable to resolve the matter, then either party
has the right to unilaterally withdraw from the Agreement.