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Aceh bill passed despite opposition

Source
Jakarta Post - July 12, 2006

M. Taufiqurrahman, Jakarta – After five months of intense deliberations, the House of Representatives passed the Aceh governance bill into law Tuesday, with legislators' declaration that it paved the way for greater autonomy receiving a cool response in the conflict-torn province.

All political factions in the House endorsed the bill, saying that greater autonomy in Nanggroe Aceh Darussalam would be a substantial step to ensuring a lasting resolution of the three decade-long conflict in the province.

But the day was marred by a general strike in Aceh by those who dismissed the law as biased in favor of the central government, following on from eleventh-hour condemnation from former separatists and activists.

Article 11 stipulates that the central government sets the norms, standards and procedures and also monitors all affairs of the Aceh regional administration.

The demand of the Acehnese to manage their own natural resources, oil and gas in particular, is only partly met, with Article 160 stipulating that the management of oil and gas in Aceh will be done jointly by the provincial administration and the central government.

The provision is a departure from a draft proposed by Acehnese councillors and a compromise between political factions at the House, which had given the Acehnese complete control over the energy resources.

Victims of human rights abuses in the province will have to accept the fact that the perpetrators will likely escape justice, because an ad-hoc rights tribunal set up for the province will only hear cases that occur after its establishment.

Supporters of the law contend that, despite its shortcomings, it still carries generous provisions.

Article 183 of the law states that Aceh will get an allocation of a special autonomy fund in the next 20 years.

Starting in 2008, the central government will have to earmark 2 percent of the general allocation fund (DAU) for building infrastructure, improving education and providing health care as well as combating poverty for the next 15 years. After 15 years, the central government is still required to allocate 1 percent of the DAU for the same objectives.

The law also authorizes Aceh, renowned for its strong Islamic culture, to become an enclave in which sharia could be implemented, albeit with a control from the central government. Twelve articles in the law specify the implementation of sharia.

Local administrations in Aceh are given the right to draw up sharia-inspired bylaws, or qanun and assemble a type of sharia police to uphold it. However, all qanun must be subject to review from the Supreme Court.

Greater political participation is also enshrined in the law, with Acehnese given the right to set up a local political parties. The law also allows independent candidates to contest the local election, although only once during the coming gubernatorial election.

Speaking after a House plenary session to endorse the bill, Aceh Governor Mustafa Abu Bakar said that provincial administration would speed up the drafting of over 90 qanun.

"The first batch of qanun would concern the local election. We expect it to be completed later this month so that the poll can take place no more than three months later," Mustafa told reporters.

Key provisions

  • Joint management of energy resources between central government and NAD administration
  • Special autonomy fund amounting to 2 percent of general allocation fund in the next 15 years, and 1 percent in the following five years
  • Independent candidates allowed to contest local election, albeit only once
  • Acehnese can set up local political parties
  • Implementation of sharia and establishment of sharia court
  • The setting up of an ad-hoc tribunal and Truth and Reconciliation Commission (KKR)
  • Establishment of ulema council
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