Govt 'undermining' Aceh, Papua autonomy

Govt 'undermining' Aceh, Papua autonomy

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The government is altering the rules on how regional elections
should be carried out in the resource-rich provinces of Aceh and
Papua, a move which some say undermines the special autonomy
status of the two regions and the independency of the election
process.

The changes are seen in the final draft of the government
regulation on direct regional elections, a copy of which was
obtained by The Jakarta Post. The draft is expected to be
approved by President Susilo Bambang Yudhoyono in the near
future.

The people of various regions in the country are expected to
turn out to vote in June for their regional leaders, in what will
be the country's first direct regional elections. More than 200
leaders of regional administrations -- including mayors, regents
and governors -- will soon end their terms.

According to the draft, the election of governor in oil and
gas-rich Aceh will be managed by an independent commission, to be
set up by the Aceh Legislative Council (DPRD).

Article 143 paragraph 8 of the draft says that members of the
commission will comprise members of the Aceh General Elections
Commission (KPUD) and the public.

The article, however, contradicts Article 13 paragraph 2 of
Law No. 18/2001 on Aceh's special autonomy status, which says
that members of the independent election commission should
consist of members of the General Elections Commission (KPU) and
the public.

The government regulation consequently requires the KPUD to
report to the DPRD, which critics say undermines the independency
of the election process, since the DPRD consists of political
parties that propose the candidates who run in the election. They
said that the KPUD should instead report to the KPU, to ensure
the independency of the election.

Article 41 of the government regulation draft also bans
independent candidates from running in the election, which is
against the special autonomy law that welcomes independent
candidates.

The government regulation also modifies the stipulation on the
election supervisory commission in Aceh.

While the autonomy law says that the election supervisory
commission in Aceh comprises members of the Aceh legislative
council, members of national elections supervisory bodies and the
public, the government regulation rules that the commission
consists of councillors, police, prosecutors, university
officials, the press and independent local figures.

As for the regional elections in Papua, the government
regulation is seen to undermine the role of the Papua People's
Council (MRP).

Article 36 paragraph 1 of Law No. 21/2001 on special autonomy
for Papua stipulates that the Papua Legislative Council (DPRD)
must seek the consideration and approval of the MRP before
inaugurating elected candidates.

However, Article 139 paragraph 2 says that consideration and
approval from the MRP must be sought on one issue only: the
requirement that the candidates are native Papuans.

However, the draft of the government regulation on regional
elections stipulates that the DPRD could inaugurate the elected
governor of the province should the MRP fail to give its
consideration and approval within seven days.

Smita Notosusanto, the chairwoman of the Center for Electoral
Reform (CETRO), warned that the government must not degrade the
autonomy power it has given to both Aceh and Papua as this could
cause a backlash from the local people, some of whom have long
campaigned for the sovereignty of the provinces.

CETRO and a number of non-governmental organizations and some
KPUDs have filed for a judicial review of Law No. 32/2004 on
regional administration in a bid to change the rules of regional
elections.

They consider the law is against the Constitution as it fails
to guarantee the fair and impartial principles of regional
elections, due to the strong involvement of the government in the
process.