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Spokesman for the HDC Steve Daly said on Monday that neither party would be considered as having withdrawn from the deal, as long as a Joint Council meeting has not yet taken place.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