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Aceh Institute Statement

concerning

“Two Years after Rehabilitation-Reconstruction-Reintegration Process of Aceh and New Aceh Leadership”
 

It has been two years since the tsunami but the rehabilitation and reconstruction process is still very slow and expectations are not being met. Even the UN special envoy, Bill Clinton, and the vice-president of Republic of Indonesia, Jusuf Kalla, have both expressed their “surprise” and disappointment. The Aceh Institute shares their opinion concerning the slow progress and lower-than-expected results of the rehabilitation and reconstruction work carried out under the coordination of the Rehabilitation and Reconstruction Agency (Badan Rehabilitasi dan Rekonstruksi – BRR). More to the point, the problem of reintegration and reconciliation remains unsolved due to the poor performance of Aceh Reintegration Agency (BRA).

 

However, the people of Aceh, whose endurance and resilience have been tested during the conflict and the emergency in the aftermath of the tsunami, have always found ways to survive and rebuild with or without aid from outside. By 2007, two years following the tsunami, the people of Aceh have found renewed hope after the success of the direct election of the local governmental heads and the new governor whom will be installed soon.

 

In order to meet the high expectations of the Acehnese people, policies of the new Aceh Provincial Government, the Rehabilitation and Reconstruction Agency and the Aceh Reintegration Agency should be more focused, coordinated and synergetic.

 

A discussion held by the Aceh Institute with the theme “Reflections: Two Years after the Tsunami and Leadership of New Aceh” on December 24th, 2006; attended by 37 Acehnese academics, researchers, intellectuals and intellectual-activists in Banda Aceh released a number of statements and recommendations to these three policy making institutions. The statements and recommendations are part of the Aceh Institute’s commitment to be a critical and constructive partner to the three institutions that will determine the success of the people of Aceh’s efforts in building a new Aceh that is equitable, prosperous, open, peaceful and democratic. A new and better Aceh!

 

Statements and Recommendations regarding Housing, Settlements, Aceh Provincial Government, Rehabilitation and Reconstruction Agency and Aceh Reintegration Board:

 

1.         The number of independent candidates elected in the direct election of the local governmental head indicates that the people of Aceh desire CHANGE and it too reflects the low credibility of the bureaucracy and the current national political parties. Therefore, the government should immediately bring about changes so that there will be better direction, particularly in the provision of basic public service sectors such as education, health, and the economy. Clean water, electricity, transportation and communication facilities are basic necessities that should be affordable by people from all walks of life;

2.         The new Aceh Provincial Government was elected directly through a safe, peaceful and transparent process and as a result is highly legitimate. Being highly legitimate, the new provincial government is expected to demonstrate improved performance. Therefore, it has to consolidate the potential of the people of Aceh, which includes reconciliation with all the components of the Acehnese society after the direct election of local governmental heads. All parties are expected to give full support the new government in Aceh;

3.         When it is said that the performance of the BRR as a rehabilitation and reconstruction institution has not satisfied many parties; there is no guarantee that the Aceh Provincial Government would perform any better should it immediately take over the role of BRR. In the event that the Aceh Provincial Government should take over the role of the BRR and fail, it would worsen and complicate the situation and management of the reconstruction process, and would cause wider implications for the processes of reintegration and reconciliation.

4.         Accordingly, strategic steps should be taken by the new Aceh Provincial Government to be a “critical partner” and “good claimant”. The elected Aceh governor should reject the ex-officio position as the “Deputy Head” of the BRR. He should instead place himself at a higher level, such as a member of the BRR Advisory Board, together with the relevant ministers from the central government;

5.         During the transition period, the Rehabilitation and Reconstruction Agency should concentrate on urgent matters, such as housing, settlement, and basic and large scale infrastructure; whereas the coordination of small and mid-size programs and projects should be ultimately transferred back to the Aceh provincial government. It is proper to transfer fully projects of cultural, religious and social affairs to the Aceh provincial  government since their local content is strong;

6.         The Aceh Provincial Government should demand that the Rehabilitation and Reconstruction Agency for Aceh and Nias (BRR) provide an Action Plan for regional empowerment, intended for the community and government, over the next two years. This effort can be made through synergy and integration of the resources of BRR and the Aceh provincial government through a program termed “Local Empowerment” which would act as a “bridge” between the two institutions.

7.         BRR’s strategy of optimization, which promotes regionalization as a holistic approach like the one conducted by the Nias Rehabilitation and Reconstruction Agency, should be encouraged. This effort should be executed seriously and must optimize the capacity of the regional offices of the Rehabilitation and Reconstruction Agency, which to this date are still dependent on the BRR head office. As for housing in particular, the management of housing financed by On-Budget funds should be the responsibility of, and directly managed by, the regional offices of the Rehabilitation and Reconstruction Agency. This can be done by reforming the Housing and Settlement Department of the Rehabilitation and Reconstruction Agency, which tends to be centralistic in the implementation of its housing development in Aceh. This then results in slow progress and failure to produce quality houses within the expected time frame;

8.         The regionalization of the BRR would also mean that the regional offices of BRR must strengthen the government of the regencies/municipalities where they are working. Relevant agencies should continuously be engaged, according to their responsibility, in the decision making process up to the highest level instead of merely acting as an implementing agency for programs planned by the Rehabilitation and Reconstruction Agency. Coordination should be carried out by local agencies at the relevant levels. Gradually (one year at the most), the role of Rehabilitation and Reconstruction Agency should shift from being the leader to an equal partner with the Aceh Provincial Government and Regencies/Municipalities;

9.         The housing development conducted by the Rehabilitation and Reconstruction Agency should be reoriented from the Small Contractors approach to the Community-based Development (CBD) approach or with eclectic method of Community Contracting + Small Contractor, with properly proposed procurement procedures and encouraging vibrant and structured community participation;

10.       To recognize problems more clearly and be cautious of opinions arising from unreliable parties such as those stating that land certification has become the main issue delaying the progress in housing and settlement programs in Aceh. Spurred by the spirit of regional autonomy, the Aceh provincial government should clearly state that housing development can be conducted prior to the completion of land certification, and, regarding the land borders of the inhabitants of an area, housing development can be carried out on the basis of the community’s mutual agreement.

11.       Rehabilitation and reconstruction should be based on the Gampong (village) since the Acehnese community is communal by nature. Split-community is as, if not more, dangerous as split-family similar to what was feared in the early living arrangements of tsunami survivors in the barracks. As the hadih maja (proverb) says: Cilaka rumoh hana tampong (A roofless house is a disaster); Cilaka gampong rumoh han sapat (A disunited village is a disaster). Thus, it is necessary to redevelop the gampong social structure, particularly in new post-tsunami settlements;

12.       The Aceh Reintegration Agency should be encouraged be more autonomous in terms of bureaucracy and finance so that it will be freed from supporting narrow short term interests to allow it to implement the reintegration and reconciliation process considered as an important and urgent part of the rehabilitation and reconstruction process;

13.       Reintegration requires encouragement so that it becomes community-based and not just geographically-based. The Aceh Reintegration Agency working on programs based on “black,” “grey,” and “white” area would only result in complexities and belittle the achievement of reintegration and reconciliation. We have, for example, received a report stating that there was a victim who deserves “peace compensation” but he is in a “white” area hence did not receive sufficient attention;   

14.       The process of reintegration and reconciliation should not be interpreted as a distribution of compensation funds. Further fundamental integration efforts are needed by taking into account cultural and social aspects. Peace and reconciliation on a gampong level must be taken seriously and directionally and at the same time strengthened at the leadership and political level.

15.       The new Aceh provincial government should change the developmental orientation from Jakarta to the Straits of Malacca and the Indian Ocean. Geographical and cultural proximity should be utilized for the economic and social interest of the Acehnese people. The future Aceh is an open Aceh, part of the Unitary State of the Republic of Indonesia, with an orientation toward the Straits of Malacca and the Indian Ocean.

16.       The Law on the Government of Aceh (Undang-undang Pemerintah Aceh – UUPA) contains numerous political compromises and to date this has become a frequently discussed issue. The laws, however, do not have much detail about the economic and developmental affairs of Aceh. For that reason, attention is required to ensure the future of Aceh in the long term.

17.       Specific agencies will need to be established for the development of education and culture in Aceh, for example; Majelis Pendidikan Daerah (Regional Education Council) and Majelis Adat Aceh (Aceh Customs Council). However, they should not be a part of the bureaucracy and should consist of independent experts in their respective fields.

 

Institutional, Bureaucratic and Planning Sectors:

1.         The integrated team for immigration, customs and excise, and work permit one-stop services such as the one that is currently available at the Rehabilitation and Reconstruction Agency should be maintained even when the Rehabilitation and Reconstruction Board is no longer in operation. This integrated services concept that is compact and practical should be maintained and put on the agenda of the new Aceh administration. It may be stationed, for example, at the Governor’s office in order to facilitate Aceh’s export-import and investors that will come to Aceh.

2.         The new Aceh provincial government should remain committed to revising the Law on the Government of Aceh to conform to the Helsinki MOU. On the other hand, it is necessary to allocate sufficient resources so that the 96 Qanun (Provincial Regulations), required to implement the Law on the Government of Aceh, so as to achieve the maximum effect and meet the expectations of the Acehnese people. Legal drafting carried out by those pushing narrow agendas with vested interests must be avoided by processes that are more transparent.

3.         A number of rehabilitation and reconstruction plans are superfluous and unrealistic, they produce great amounts of documents but either fails to be implemented or is partially executed. Conflicts in the coordination of long and short-term development, micro and macro development are not unusual. There are also parties "playing hero” under the pretext of taking sides with the common people.

4.         The new Aceh provincial government should side with the common people, by not only protecting the land and area of settlement. Buffer zones should not only be created on coastal areas but also in urban and forest areas, as well as historical sites and public places.

5.         Wider and more significant involvement of local technical personnel in architecture, area planning, and environmental sectors are required in order to keep the “soul” of the physical structure constructed alive. The comprehension of the gampong concept, for example, is very important in the building or rebuilding of new settlements;

6.         Higher educational institutions such as State-run Universities and Private Universities in Aceh can be involved institutionally to supervise the rehabilitation and reconstruction process as well as the reintegration processes. They need not be involved structurally but with their panel of experts, they may discuss the rehabilitation, reconstruction and reintegration process with those involved.

7.         The new administration should reform the local government based on meritocracy and ensure it is free from Corruption, Collusion and Nepotism. The appointment of public officials, such as Head of Services, Agencies, Boards, and Provincial Corporations, should be conducted through the fit and proper test that is transparent to the community.

 

Economic and Developmental Sectors

1.         There should be long-term development planning for future development to anticipate the burst of the economic bubble. The booming construction industry and derivative services, such as hotel businesses are temporary and unsustainable. Therefore, it is necessary to have a long-term vision for Aceh such as Aceh Vision 2025.

2.         The productive economic sector needs revitalization in order that, when the economic bubble bursts, Aceh’s economy does not rely on the government’s budget as it has in the past. Important sectors, such as export-oriented agriculture and fishery should be developed more vigorously;

3.         For long-term economic development, a good and clean government is needed. Beside that, institutional improvement is also needed to avoid a high cost economy, for example, by introducing one-stop services, which are supported by an open community to lure investment from the outside.

 

Implementation of Islamic Religious Laws:

1.         The narrow understanding and implementation of Islamic Law should be opposed. The Aceh Institute rejects the implementation of Islamic Law applied presently in Aceh, as goes against  an important principle of Islamic Law by disregarding the general good (Maslahah), such as the common people and women. Therefore, the Aceh Institute requests that the application and implementation of Islamic Law in Aceh be reviewed;

2.         The application of Islamic Law should be directed more towards interests that are socially beneficial compared to religious affairs that are personal in nature. Its application should not be discriminative i.e. by only focusing on the common people, women and other marginal groups.

3.         There are different variants of Islamic thought and interpretation. For this reason, it is necessary to have a culture that respects different opinions. Islamic universal values that are accepted by all parties should be prioritized, and schools of interpretation should be able to develop without being forced onto others with different interpretations. Islamic conservative thought brought into Aceh from outside following the tsunami are foreign to Acehnese history and culture;
 

Socio-cultural Sector

1.         The people of Aceh are becoming more dependent on the help of others. The resilience they demonstrated during the conflict and emergency continues to erode since the tsunami with the pouring of aid that is not well coordinated and neglect the gampong social structure of the Acehnese community. In some cases, the community has become divided, disunited and the social rift becomes worse whenever aid from the outside does not reach the target group on time or for the expected duration;

2.         Those within the bureaucracy and financial institutions should provide room for the people to “empower" themselves with the existing social capital of the community. Consequently, social unity and harmony should be supported by various parties working in the rehabilitation, reconstruction, reintegration and reconciliation processes;

3.         Non-physical development is as significant as physical development. Therefore, cultural development and social cohesion to strengthen the community should receive the same priority;

 

Educational Sector

1.         Aceh needs to develop its own educational model that integrates general education, religion and civic education holistically. The system of separate education institutions, run by the Department of Education and the Department of Religious Affairs, will need to be reviewed. Civic education needs to be emphasized in order to produce a community that realizes their rights and obligations;

2.         A better evaluation system with continuity needs to be developed independently in Aceh by taking into account competitiveness on a regional and global level. The focus on the National Exam should be reviewed by introducing internationally standardized evaluation schemes that are cheap and affordable for people from all walks of life;

3.         The huge fund for rehabilitation, reconstruction, and reintegration should be optimally allocated for education by granting scholarships to as many Acehnese students as possible to study outside of Aceh. Schools and universities in Aceh should be encouraged to achieve regional, Asian and world standards within a certain time frame;

 

Health Sector

1.         While health facilities are improving with aid from various parties after the Tsunami, the existing health workforce is still insufficient, both in number and quality. In terms of quality, health personnel still cluster in urban areas due to lack of incentives and motivation to work in rural areas;

2.         Nutritional issues are still worrisome with more than 30% of Aceh’s children suffering from malnutrition due to poverty and lack of information. With more than 50% of families in Aceh living below the poverty line, direct governmental intervention is required in order to guarantee that the issue of malnutrition can be overcome;

3.         There must joint effort in the health sector to achieve the Minimum Service Standard (SPM) of Health in every regencies/municipalities in a clear and measured time frame.

 

Women and Children

1.         Acehnese women have become empowered and have been the mainstay of the community’s survival during the conflict and in the aftermath of the tsunami. But as the situation gradually normalizes, their status is becoming again domestic and marginal. Thus women of Aceh must insist and pursue opportunities in the public domain;

2.         The government should focus on Acehnese children; starting by providing them with good nutrition, a healthy and peaceful environment, and education at least up to the level of senior high school with the cost being borne by the government. Orphans, elderly widows, the disabled, unemployed, and poor and neglected children should be the responsibility of the new Aceh provincial government.

 

Politics and donor interests:

1.         Politics and donor interests have influenced the rehabilitation, reconstruction and reintegration work in Aceh. The enforcement of certification of land as a requirement for housing development, for example, shows capital interests and efforts to put people in an unnecessary market-like system by neglecting the sense of justice and humanity for the tsunami survivors and suppressing local wisdom in communal land affairs;

2.         Donors and International Organizations should consider a responsible exit strategy by ensuring the sustainability of programs that has been completed. Asset discharge, contribution and handovers should be distributed by considering sense of justice and Acehnese community’s social structure. Local institutions, be it the government or non-government mush be involved in the said exit strategy.

 

This statement and the recommendations are part of the Aceh Institute’s contribution toward developing a new and better Aceh. We look forward on having discussions, elaborations, and enquiries from the media and public. We welcome your comments and enquiries. Please contact us at the Aceh Institute Secretariat:

 

 The Aceh Institute
Jalan Sultan Iskandar Muda SK III/12, Banda Aceh 23234 - Indonesia Tel/Fax : +62-651 41682  Email: info@acehinstitute.org - Website:  www.acehinstitute.org


to be published immediately

For further questions and confirmation, please contact: Nurul Kamal, Deputy Coordinator of the Aceh Institute (0813 6041 4281) or Cut Famelia (0812 6912 265)