Eric Avebury made his comments at the start of two days of discussions on the future of Aceh in Kuala Lumpur, in context of Asean's failure to address one of the biggest humanitarian crisis currently occurring in their backyard: Jakarta's all-out war declaration on separatist group Gerakan Aceh Merdeka (GAM).

During this morning's opening plenary - which saw presentations by Avebury, Keadilan vice president Tian Chua, and Otto Syamsuddin Ishak of Indonesian human rights commission Komnas HAM - a minor skirmish broke out between organisers and the police, who had demanded to participate in the meeting, and to review the list of participants present.The request was however turned down by the organisers.

Today's meeting saw Indonesian politicians, civil society groups, and international human rights groups discuss current conditions in the conflict-torn Indonesian province, and possibilities for sustainable peace.

Clear procedure

"Whether or not members of the UN refugees convention, Asean is still bound under international law (to provide protection to refugees)," said Avebury.

"The grouping need to adopt clear procedures (in addressing the flight of refugees from Aceh). Currently, no attempt has been made to distinguish economic migrant from refugees."

In the past, the Malaysian government has strictly rejected the argument that it is obligated to recognise the refugee status of Acehnese, on grounds that it is not signatory to the UN Convention on Refugees.

He also said the United Nations High Commissioner for Refugees must make clear their affirmation for refugee rights, particularly against governments that sidestep international principles in their treatment of war-flight individuals.

"The UNHCR does not actively support refugee claimants. This will have to alter," said the former chair of UK's parliamentary human rights committee.

Avebury was also a key mediator in the US-EU-Japan sponsored negotiations between GAM and Jakarta held in Tokyo, but which broke down on May 18 following the Indonesian government's unilateral withdrawal from the talks.

On the possibility of resumption of peace under the Tokyo process, Avebury said it is no longer practical to expect the US, EU and Japan to play a more active role.

"These governments will play an active role to persuade Jakarta to resume discussions, but they will not go beyond that...such as guaranteeing immunity for the negotiators," he said.

"GAM has explicitly stated that they are willing to return to the negotiation table. This is clear. Most recently, Malik Mahmud made this clear in a dialogue with the European Parliament."

But this willingness to return is not without conditions. Avebury said GAM's participation will be dependent on whether the safety of negotiators are guaranteed.Despite the May 19 arrest of five GAM negotiators at the outset of the collapsed Tokyo peace talks, no government has stepped forward to guarantee that negotiators to the process would not be harmed or harassed.

The GAM negotiators had since been condemned on terrorism and rebellion charges and sentenced to terms ranging from 11 to 15 years by Indonesian courts.

"Practically speaking however, even with safety guarantees, one can forget about the possibility of a resumption of peace negotiations as Jakarta has refused to commit to the process.

"And despite the European Parliament's recent resolution on Aceh which protested the decision to place Aceh under six more months of martial law - the EU hasn't got the capacity and the means to pursue such a resolution, he said.

"As well, the UK government continues to sell arms to the Indonesian military, despite this having been widely criticised in the media and by parliamentary back-benchers.

"Even then, media criticism over the sale of Scorpion tanks to Indonesian - allegedly used in the Aceh war - also seemed to have tapered out, as they get overtaken by newer issues," he added.

No practical cause

"Indonesian diplomats are aware of this. They realise there is no downside to the resolution...that it will not cause damage in a material way.

"The affect of the resolution is purely psychological. The people of Aceh feel it is useful (to press their case), but they also realise it has no practical cause."

International pressure isn't likely to bring an end to martial law, said Avebury. "Change will have to come from within Indonesia."One can also forget about a possible return to the Tokyo negotiations,he said, "at least until after the Indonesian elections in April."

According to Avebury, there is a chance that Jakarta's hardline approach over Aceh, generally perceived as electorally popular, will be challenged by religious leaders.

Abdurrahman Wahid, header of Indonesia's largest Muslim party Nahdlatul Ulama, a number of other religious leaders have in recent days expressed doubt on the extension of martial law operations for six more months, he said.

"They have no faith in the military."

Source: Malaysiakini.com