Papuan assembly also a gift for the President

Papuan assembly also a gift for the President

Christine Susanna Tjhin, Jakarta

President Susilo's decision to spend Christmas in Papua (Dec.
26, 2004) may well be a very sympathetic yearly ritual. And the
recently signed presidential regulation on the Papuan People's
Assembly (MRP) has been considered by many as one of the
wonderful Christmas gifts all Papuans could get.

Come to think about it, we ought to humbly say, that is a
Christmas gift for the President, instead of from the President.
To be even more humble, the event is a Christmas gift for
Indonesia.

We are tottering at the edge of 2004 black-and-blue, bruised
and swollen with violent conflicts, environmental disasters,
moral infamy and lopsided welfare. What would we not give to have
a blissful development that would make 2005 something we would
love to embrace?

If the implementation of the Special Autonomy (Otsus) for
Papua could really be conducted in a "comprehensive, complete and
dignified" manner, as stressed by President Susilo numerous
times, then we shall see hope rising for a more democratic
multicultural Indonesia as another year passes.

The learning seeds of peace and reconciliation for a country
torn with conflicts may well stem from the establishment of the
MRP and its relations with the authorities. The MRP manifests the
principle of subsidiarity, representativeness, and participation
-- the necessary ingredients for a successful decentralization
and sustaining factors for peace building. This has been the
general consensus amongst most of the intellectual discourses
surrounding the implementation of Otsus. Most have also approved
that steps must be taken one at a time. There are at least three
vital issues that are buzzing.

First is to make the MRP operational. All parties (Governor,
DPRP and key representatives of the society) have to work hard to
come up with relevant Special Regional Regulations (Perdasus) for
matters concerning the MRP's characteristic memberships and the
number of members; and Provincial Regulations (Perdasi) for the
selection process of the MRP that involves representatives of
women, religious and indigenous groups.

The second is the partition arrangements. The Constitutional
Court's ambiguous decision particularly regarding West Irian Jaya
(Irjabar) is thwarting. Though not regulating Irjabar explicitly,
the recent presidential regulation gives space for more sensible
solutions to these issues through the constitutional process in
the MRP.

If the Papuans have managed to be patient and ensured no
conflict after the disappointing announcement of the
Constitutional Court, the government should have a big enough
heart to give space for the MRP to deal with the partition issues
in accordance to Law No. 21/2001 on Otsus.

At this point, each stakeholder could meet the others halfway
in the process. Some have suggested that Irjabar could be
positioned on a transitional stage until the MRP is established
and operational. Then the MRP will assert its local wisdom to re-
enforce the necessary partition for effective good governance in
Papua -- including Irjabar -- and all its nitty-gritty.

The upcoming regional election in June 2005 is the third
critical point upon which all stakeholders have to thread very
considerately. The call for direct elections of regional
authority (Pilkadal) following the "shinning example" of the 2004
General Elections must be responded judiciously for this fragile
region, especially considering whether or not there is ample time
for preparations of the electoral process after the MRP is
actually operational.

The much hurried Law No. 32/2004 on Regional Authority (Pemda)
regulates the implementation of direct elections for regional
authorities (Pilkadal). Essentially, regulations on Pilkadal
should have been made as another law instead of being stuffed in
Law No. 32/2004 in frenzy. But for the sake of current
discussion, we shall refer to it as is. The Pilkadal clauses
provide that the direct elections rules are applicable to all
areas, except for areas with special status, to which other
relevant specific laws are applicable (article 226 point 1). For
Papua's case, it is Law No. 21/2001.

Based on Law No. 21/2001, MRP is a provincial based body that
has the authority to give consideration and consent to the
candidates for the governor (and deputy) position, whose names
will be provided by the Papua Regional Legislative Body (DPRP).
There have been no explicit regulations for regental or mayoral
election just yet. Still, to ensure effective conduct of the
upcoming regional elections in Papua -- with the inspiration of
the "comprehensive, complete and dignified" spirit -- there are
alternatives, such as: Perdasus and/or Perdasi to regulate the
election. The operational MRP will be involved in this process,
as mandated in Law No. 21/2001.

There is no contradiction between MRP's function and
democratic elections in the region as MRP's main function is to
ensure the acknowledgement and respect of indigenous rights in
Papua, which has long be stomped upon unfairly.

So long as government authorities (central and/or regional)
and the DPRP involves the participation of the local elements
(embodied in the MRP) in generating Perdasus and Perdasi, the
concept of "comprehensive, complete and dignified" will not be
tarnished and conflicts can definitely be prevented.

Some people's paranoia of having the MRP falsely regarded as a
"super-body" and a threat to national unity is groundless, if not
ridiculous. In Law No. 21/2001 (article 23 point 1 item a),
specifically asserts that "the MRP shall have the obligation to
maintain the integrity of the Unitary State of the Republic of
Indonesia and to serve the people of the Papua Province".

The fact is that the new Nationalism that we have been craving
for is being constructed in the most eastern part of our
archipelago. This new Nationalism is not one that callously
imposes militaristic, centralized and top-down approach. This new
Nationalism is one that gracefully radiates humane, decentralized
and bottom-up approach.

The way the authorities acknowledge and respect the colorful
nuances embodied in the MRP will inspire the way diversity will
be managed in this country. The way in which participation
proceeds in this region must resonate to amplify the existing
participation nationwide.

This is that gift for the President and for Indonesia.

Merry Christmas Papua, Merry Christmas Indonesia.

The writer is a researcher at the Department of Politics and
Social Change, Centre for Strategic and International Studies
(CSIS), Jakarta. This is her personal view. The author can be
reached at xtine@csis.or.id.