Much work needed to end ethnic discrimination<\/p>\n
Frans H.Winarta, Lawyer, Jakarta<\/p>\n
Indonesia is an archipelagic country that displays a
\nsignificant degree of tolerance for ethnic, racial and religious
\ndifferences -- compared to discrimination against ethnic Chinese.
\nThe dominant ethnic group seems to have many reasons for
\nresenting those of Chinese descent, a sentiment which became more
\nobvious after the attempted coup of 1965 (given allegations of
\nthe involvement of China's communist party -- Ed.). An
\ninappropriate economic paradigm has been in place since then,
\ncreating a wide gap between rich and poor, and an incorrect
\ndemographic policy has also been imposed on Chinese Indonesians.<\/p>\n
Since 1959 non-citizens within the ethnic Chinese population
\nhave been denied the right to run businesses in rural Indonesia.
\nSometimes, Chinese-Indonesians have been made scapegoats by those
\nventing popular frustrations, especially those urban Muslim
\ncommunities that regard the Chinese as both racially and
\nreligiously distinct.<\/p>\n
Chinese language publications, with the exception of one
\nofficially sanctioned daily newspaper, were neither to be
\nimported nor produced. Under Presidential Decree No. 14 1967, the
\nuse of Chinese symbols and many other Chinese cultural traditions
\nwere restricted. For example, Lunar New Year celebrations, which
\nhad been enjoyed by Indonesians for hundreds of years as a form
\nof spectacular entertainment and an expression of harmonious
\nrelations between ethnic groups, suddenly disappeared.<\/p>\n
Former president B.J. Habibie ended the use of the term
\nindigenous (pribumi) and non indigenous (non pribumi) through
\nPresidential Instruction no. 26 1998 in government policies and
\nactivities. The policy shift continues to affect a large group of
\npeople and implies that Indonesians of Chinese descent are equal
\nto other citizens. The tradition of the Lunar New Year might seem
\ntrivial to some officials but it is an important part of Chinese
\ntradition. It is clearly a basic right for the Indonesian
\nChinese.<\/p>\n
The New Order regime under Soeharto promoted anti-Chinese
\nsentiment by denying ethnic Chinese opportunities for political
\nexpression. They were only allowed to be active in the business
\nsector and consequently became an exclusive group.<\/p>\n
It is true that the Chinese are prominent in trade and
\ncommerce, which has led to the perception that they are
\nexploitative, exclusive and arrogant.<\/p>\n
The economic crisis peaked in the May 1998 riots. The riots
\nwere an expression of the sentiments fostered under the racially
\ndiscriminatory policies of former president Soeharto. At least
\n1,200 people are believed to have died, including indigenous
\nIndonesians killed in fires. Several hundred Chinese were killed
\nby mobs and many others injured, while dozens of Chinese women
\nwere raped and many properties looted.<\/p>\n
Whenever riots have taken place, it is Chinese Indonesian
\ntraders and citizens who have become the victims. The state has a
\nresponsibility to guarantee the safety of all citizens under the
\n1945 Constitution. In view of the circumstances and period in
\nwhich the 1945 Constitution was drafted, the very brief
\nprovisions on human rights can be understood. The document was
\ndrafted hastily at a time when Indonesia was still under the
\nJapanese occupation and when it was still struggling for
\nindependence.<\/p>\n
In the Annual Session of the People's Consultative Assembly in
\nAugust 2000 one of the proposals for amending the 1945
\nConstitution included the inclusion of a substantial new chapter,
\nchapter 10A on human rights.<\/p>\n
Article 28i paragraph 2 of the proposed new chapter states:
\n\"Everyone has the right to be free from any discriminative action
\non whatever basis and is entitled to protection from such
\ndiscriminative action\".<\/p>\n
According to legal expert Satya Arinanto, such a new chapter
\nwould make no significant contribution to the future protection
\nof human rights, as its articles are similar to those in the 1999
\nhuman rights law; a constitution on the other hand is supposed to
\nprescribe more basic principles of human rights and fundamental
\nfreedoms than its lower laws and regulations.<\/p>\n
Yet despite the law on human rights and the guaranteed
\nfundamental freedoms in the Constitution, discriminative
\nregulations remain -- even in the 1945 Constitution.<\/p>\n
An amendment has changed the article on citizens and residents
\nas follows: \"Residents are Indonesian citizens and foreigners
\nresiding in Indonesia\"; \"Any other matters with respect to
\ncitizens and residents will be further stipulated by law\".<\/p>\n
But clause 1 Article 26 of the Constitution still reads: \"A
\ncitizen is an indigenous Indonesian person and persons of other
\nraces who are confirmed as citizens by law\".<\/p>\n
It is time for President Megawati Soekarnoputri to seriously
\nconsider implementing legal reform, and not just place a priority
\non economic and political reforms. This could be achieved by
\nrepealing discriminative laws and regulations, which would
\neventually bring the law in line with the spirit of the founding
\nfathers who sought to uphold a state based on law (rechtstaat)
\nrather than on power (machtstaat).<\/p>\n
Last but not least, a serious, clear and conducive program of
\nlegal reforms should be introduced if Indonesia wants to be
\nconsidered a modern and civilized state.<\/p>\n
The above article was condensed from the writer's presentation
\nat an international symposium on human rights in Canberra in
\nDecember.<\/p>",
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