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.