The Jakarta Post
Wednesday, April 2, 2008

Ridwan Max Sijabat, Jakarta

In the first-ever informal meeting with the leadership of Regional Representatives Council (DPD) at the presidential office here Friday, President Susilo Bambang Yudhoyono expressed his concern over the social unrest in Papua and simultaneously
his commitment to address the prolonged issue.

The President then instructed Coordinating Minister for Political, Legal and Security Widodo A.S. to prepare a government regulation in lieu of a law (Perpu) on West Papua
province, whose legal jurisdiction under a 1999 law was annulled y the Constitutional Court following the enactment of the 2001 Papua special autonomy law.

Is that all?

The Papuan issue is not only a matter of social concern and political commitment, but also a question of how to manage the prolonged conflict and determine what needs to be done to calm  down a tense situation.

Not only the President and other state institutions but also the Papuan people and the international world have been worried about the tension. Papuan students have gone down to the streets of Papua's Jayapura, Central Java's Semarang and South Sulawesi's Makassar demanding a self-determination referendum for the province since the seven-year-old special autonomy status has brought no significant changes nor eased decades of
grievances of Papuan people still living in fear of intimidation, torture and violence.

Concerned over the terrible conditions, American Samoan Congressman Eni Faleomavaega, who was barred from visiting Papua last July, has launched a black campaign on the Indonesian government, accusing it of abusing human rights and turning a blind eye to Papuans living in poverty. The Germany-based World Church Council recently delivered an official letter to the President with a similar accusation and a call for immediate measures to fully implement the special autonomy and revive the Papuan people's human dignity.

As head of the government, the President should first identify major problems in the resource-rich province so the government knows what to do to better the real condition. He should also evaluate why the special autonomy, which came at the national consensus, does not work optimally.

The anti-Indonesia campaign abroad and the increasing demand for the province's secession from Indonesia will gradually go down  if the major problems are settled. But we should bear in mind it could go wrong unless the people's disappointment is addressed.

The special autonomy is not only a matter of funds but also of law enforcement and security to return the tense situation to  normalcy. As it was recognized by Governor Barnabas Suebu, despite the annual allocation of huge funds to the province a majority of people are still living below the poverty line and cannot afford the expensive education and health service. The special autonomy fund for the province has drastically increased to Rp 21 trillion (US$2.2 billion) this fiscal year from Rp 3.5 billion in 2003 and around Rp 4.5 trillion in 2006, but only a small part has been used to develop education, health and the people's economic livelihood.

If Jakarta is really concerned with the Papuan issue, the President should have the special autonomy fully implemented. The special autonomy will remain stagnant unless government regulations mandated by the 2001 law on the Papuan special autonomy are issued to allow the provincial government and the Papuan People's Assembly (MRP) to issue relevant bylaws as a legal basis for development programs in Papua.

The law mandates the issuance of seven government regulations as technical and operational guidelines for reconciliation and justice, human resource management, the MRP's establishment, Papuans' cultural rights, province symbols, the flag and other marks of identity and population affairs. So far, only a single regulation on the MRP has been issued.

The proposed development of Papua and West Papua into six provinces will meet stronger resistance because it will considerably solve the main issue, except for certain benefits to security and defense authorities.

The President should go down to relevant ministries to have the long-awaited government regulations issued to allow both the MRP and the provincial governments in Papua and West Papua to issue the bylaws.

Justice will be upheld and the people will no longer live in fears and under intimidation if the planned reconciliation is conducted and the unresolved human rights abuse cases are brought to an ad hoc human rights court despite strong resistance from the Indonesian Military and the police. With a special bylaw on Papuans' cultural rights, the MRP will work to educate some 1.5 million indigenous people partly living in the stone age in remote areas and ensure their access to modernity.

The provincial government should also issue bylaws to design pro-poor, pro-growth and pro-environment budget policies and ensure Papuans' civil and political rights and free access to education and health services, construction of public infrastructure and the sustainable management of natural resources. And any party will be barred from activities supporting secessionism inside and outside the two provinces.

The right approach to development will certainly be effective to develop Papua and West Papua into "a land of peace".

The author is a staff writer at The Jakarta Post.

Suara Pembaruan, 21 March 2008
Abridged in translation

The government has announced its intention to introduce a Perppu (Presidential Regulation in Lieu of Law) to provide the legal framework for the Province of West Papua within the Special Autonomy Law No 21.2001 (Otsus Papua). According to the government,  this would provide the legal umbrella that will resolve this  problem.

It is very clear that  a Perppu for the Province of West Papua would create a precedent. If the government does indeed introduce this regulation, West Papua would become a very special province indeed, because it would be the only province in Indonesia that is created not by law but by a presidential regulation (Perppu).

This would convey the message to Indonesians, especially those living in the Land of Papua, that a new province can be created by the Central Government, if need be, by force, although the basis in law has not been established. It would mean that a law will no longer be necessary to create a province.

Further consequences could ensue from this move. Although the President has announced a moratorium on the creation of new provinces, the enactment of a Perppu for the Province of West Papua would raise expectations and reinforce the determination of those who are campaigning to bring about the creation of other new provinces in the Land of Papua as well as in other parts of Indonesia. They would no longer need to go to all the trouble of providing the status in law for creating new provinces.

These people would draw the conclusion that, by using the Perppu for West Papua as the model,  they can go ahead and declare the creation of new provinces such as South-west Papua, Central Papua and South Papua simply by means of a Perppu.

Those who want new provinces to be created would demand the same treatment from the central government. If the government were to refuse, they would accuse it of discrimination.. They would say, what is so special about people living in one part of the country if their own wishes were not heeded. This opens up the possibility  that people anywhere could get together and demand that their regions should also become a new province..The political elite and bureaucrats in Papua  and in other places  could demand that the government can simply produce a Perppu to create the province for which they are campaigning.  They could try to get
Parliament (DPR)  to pass a resolution or, if not, get the President to issue a Perppu. If this happens, the Perppu for the Province of West Papua will create a very bad precedent indeed.

The creation of new provinces in Papua cannot be equated with other parts of the country because Papua enjoys a special status, namely that it has special status because of the Special Autonomy Law 21. 2001 which was introduced  for the Province of Papua.   The existence of the special province  is protected within the 1945 Constitution, in particular Article 18 (b) which states that special governments are permissible. This means that if the government  approves the Perppu for West Papua, the President is acting in violation of the Constitution.

In my opinion, this inconsistency from the government will have fatal consequences. The confidence of the Papuan people in the government will suffer drastically.and could reach the lowest point ever.  They would come to the conclusion that if the country's Constitution can be violated, then other government regulations can also be ignored by the government. How can the Papuan people be expected to hope that the Special Autonomy Law can be properly implemented  if the government itself violates the country's Constitution?

For this reason, the government should consider these matters very seriously indeed before going ahead with the Perppu for the Creation of West Papua.

The writer is a lecturer at the Fajar Timor College of Philosophy and Theology, Abepura, Papua.