|
 any
details remain to
be ironed out in the four-week-old
negotiations and the sanctions mechanism will be fine-tuned in the
coming weeks but the document establishes the first framework agreed
to by both sides.
"The goal is a system that has some teeth," Gorman said. "Right
now, the system of sanctions proposed by the two parties is a good
start to achieving that. Clearly, as the process moves forward,
sanctions will need to be tightened. But sanctions is only part of the
overall process—the most important aspect is problem-solving as
opposed to blaming and shaming."
The key building block of the sanctions is to make the Free Acheh
Movement (GAM) and the Indonesian government (RI) accountable to the
people by singling out violators.
"Violations and sanctions will be made public locally, nationally
and internationally by the JSC through the Public Information Unit,"
according to the document. "Publication should be made in detail and
include the name of the person, his unit, the type of violation, the
time and place of the violation, and any other information considered
necessary and relevant."
"The point of the sanctions isn’t just that they exist. By openly
publicizing violations and violators we want to make both sides
answerable directly to the Achenese," Gorman said.
The still-developing sanctions guidelines will apply to both GAM
and RI members. They will range from verbal reprimands for minor
infringements to disciplinary actions for the most serious violations,
determined by the JSC on a case-by-case basis:
 Very Serious Violation—Any
violation against the Cessation of Hostilities
Agreement that can cause the failure of the agreement, and any
violation that causes serious injury, loss of life, permanent disability, or
damage of property, to either of the parties to the agreement or to civilian(s).
Action: the unit commander responsible will be fully investigated.
The result will then be forwarded to the side that committed the violation and
appropriate action will be taken.
Serious Violation—A violation that
causes any significant harm, to either of the parties to the agreement or to civilian(s).
Action: a written warning issued to the violator and his unit
commander, and delivered in person by the JSC.
Minor Violation—A violation that
does not cause any significant harm, neither physical nor moral, to either of the parties to the agreement or to
civilian(s).
Action: A verbal warning issued to the violator and his unit
commander by the Senior Envoy from the respective party.
If an accusation of any kind is made, the JSC tri-partite
monitoring team will investigate the case to help determine whether a
violation has been committed. If there’s evidence of a violation, the
case will be handed over to the JSC Information Management Committee,
which will determine the severity of the violation and whether there’s
enough evidence to proceed with sanctions.
"All violations will be investigated and clarified in phases
depending on the violation. Investigations will be conducted by the
tri-partite of the JSC in a transparent, honest and fair manner,"
according to the document.
The tri-partite JSC is made up of GAM and RI representatives, along
with a neutral international mediating team, under the aegis of HDC.
GAM, RI and international observers, working together, have been
dispatched throughout Acheh to monitor the agreement.
In cases where a Very Serious Violation or a Serious Violation may
have taken place, a Verification committee appointed by the JSC will
conduct a second, independent investigation. If the JSC Verification
Committee agrees that a Serious Violation or Very Serious Violation
has been committed, it will pass its findings to the JSC leadership,
which will then decide upon further measures aimed at sanctioning the
unit or individual responsible, and prevent the violation from
happening again.
The leadership—composed of Major General Tanongsuk Tuvinun, JSC
Senior Envoy, along with GAM representative Sofyan Ibrahim Tiba and RI
representative Brigadier General Safzen Noerdin—will then deliberate
over the case to determine if and what sanctions should be applied.
If either or both sides commit continuous violations, the Joint
Council will "convene to resolve the incidents."
Sanctions will only be imposed when there is "clear cut evidence,"
reviewed by all sides, that one of the parties has violated the peace
agreement.
"Past experience in conflict resolution has taught us that the use
of sanctions as a tool loses its effectiveness if used too liberally,"
Gorman said.
The HDC brokered the peace agreement December 9 in Geneva after
mediating two years of negotiation between the Indonesian government
and GAM. For
further enquiries please contact:
Steve Daly,
HDC Acheh Media, Tel: +62 812 698 1012; Andy
Andrea, Centre for Humanitarian Dialogue, 114 rue de Lausanne 1202
- Geneva, Switzerland; Tel: +41 (0)22 908 11 30; +41(0)79 257 9974,
Fax: +41 (0)22 908 11 40;
www.hdcentre.org
Bakhtiar
Abdullah, information officer, Free Acheh Movement; Tel: +46 (0) 8
531 83833, +46 (0) 8 531 91275, +46 (0) 70 699 3982
Indonesian
Foreign Affairs Ministry in Jakarta; Tel: +62 (21) 344 1508 or 350
3878; We:
www.deplu.go.id
Public Information
Unit, Banda Acheh, Tel: +62 (651) 24535, ex. 305, Fax +62 (651) 24535
|
