Human rights, election amandment agreed<\/p>\n
JAKARTA (JP): Major factions at the People's Consultative
\nAssembly's (MPR) Ad Hoc Committee (PAH) have agreed to insert a
\nchapter on human rights and a free and fair general election into
\nthe Amendments to the 1945 Constitution.<\/p>\n
Ad Hoc committee chairman Jacob Tobing said representatives of
\nalmost all 10 factions in the committee were of the opinion that
\nhuman rights and a free and fair general election are two
\nelementary factors in developing democracy.<\/p>\n
\"All factions agreed to insert human rights and a free and
\nfair general election into a special chapter in the
\nConstitution,\" he told The Jakarta Post after the committee's
\nsession here on Wednesday.<\/p>\n
He noted that the chapter on human rights acknowledged
\nuniversal principles but also their uniqueness in the situation
\nin Indonesia, freedom of association, freedom of speech and the
\nprotection of women and children rights.<\/p>\n
Tobing, also a former member of the General Elections
\nCommission (KPU), said factions also agreed that a free and fair
\ngeneral election should be held regularly and organized by an
\nindependent election commission.<\/p>\n
\"A general election will be held once every five years and it
\nshould be organized by an independent commission to make it free
\nand fair,\" he said.<\/p>\n
He said the committee's agreement was in line with the House
\nof Representatives' recent decision to dissolve KPU, whose
\nmembers were representatives of the government and political
\nparties, and replace it with an independent eleven-member
\ncommission.<\/p>\n
He said the committee had also agreed to a direct presidential
\nelection system in the general election.<\/p>\n
\"The committee is making necessary changes to the Constitution
\nresulting from the proposed presidential election,\" he said, but
\nnoted that a direct presidential election could not be held in
\nthe 2004 general election because it would need a lot of
\npreparation.<\/p>\n
Women<\/p>\n
The insertion of a human rights chapter, in particular one
\nwhich applies gender equality is also being lobbied by female
\nactivists.<\/p>\n
They argued that it was necessary to enable the replacement of
\nmany discriminative laws.<\/p>\n
Rights activist Nursyahbani Katjasungkana said that a clause
\non equality must be added to the Constitution because in 1984 the
\ngovernment had ratified the United Nations Convention for the
\nElimination of All Forms of Discrimination Against Women.<\/p>\n
The clause on equality should be inserted into the additional
\nchapter on human rights, said Nursyahbani, who also represents
\nwomen in the MPR.<\/p>\n
Although the Constitution already mentions, among others,
\nrights to a decent living, religious rights and rights to
\neducation, Nursyahbani said these were inadequate.<\/p>\n
\"The right to live and the right not to be discriminated
\nagainst are not covered in the Constitution,\" Nursyahbani said.<\/p>\n
According to Nursyahbani the ad-hoc committee preparing the
\nchanges since October had not responded to input from the Women's
\nCoalition. Discriminative laws included the marriage law and the
\nlabor law, she said.<\/p>\n
Noted sociologist Julia Suryakusuma said separately that the
\nclauses on human rights in the Constitution were open to
\ninterpretation.<\/p>\n
\"We are a patriarchal community, and our laws are interpreted
\nin a patriarchal light,\" she told the Post.<\/p>\n
Julia pointed to the marriage law, which states that the man
\nis the head of the family. The law has led to the waiving of
\ndomestic violence reports, Julia said, on the grounds that such
\ncases were private affairs.<\/p>\n
\"The law implies that the woman is the man's property,\" she
\nsaid.<\/p>\n
She agreed with Nursyahbani on the need of a specific section
\non human rights and the rights of women and children in the
\nConstitution to avoid open interpretation.<\/p>\n
Apart from amending the Constitution and laws, authorities
\nshould also be taught about gender sensitivity, Julia said.<\/p>\n
\"No matter how specific the Constitution, if the person
\ninterpreting it is patriarchal, then it will be patriarchal,\" she
\nsaid.<\/p>\n
The Women's Coalition proposed a special section dealing with
\ncivil and political rights; social, economic and cultural rights;
\nreproductive rights; the right to fair and sustainable
\ndevelopment; and the rights of indigenous societies.<\/p>\n
Nursyahbani said ratifying the convention also obligates the
\ngovernment to set up affirmative action for women until
\nconsiderable equality is reached.<\/p>\n
Nursyahbani stressed that discrimination extended to sexual
\norientation.<\/p>\n
Reality shows that homosexuals and lesbians exist in society
\nand in a country upholding the rule of law, discrimination based
\non sexual orientation is unacceptable, she added. (10\/rms)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/human-rights-election-amandment-agreed-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}