President 'accounts for human rights implementation'<\/p>\n
JAKARTA (JP): A constitutional law expert has suggested that
\nclauses on human rights be included in the State Policy
\nGuidelines to enable the nation to demand the President's
\naccountability for Indonesia's rights record.<\/p>\n
The option was preferred to establishing a special People's
\nConsultative Assembly (MPR) decree on the subject, according to
\nYusril Ihza Mahendra of the University of Indonesia in a
\ndiscussion here.<\/p>\n
\"The adoption of clauses on human rights as a part of the
\nState Policy Guidelines means that their application comes under
\nthe supervision of the House of Representatives and the President
\nwill have to include them in his or her accountability speech
\nbefore the People's Consultative Assembly,\" said Yusril.<\/p>\n
The discussion was held by the Golkar faction in the Assembly
\nin response to a long spell of polemics on whether Indonesia is
\nin need of its own bill of rights in the form of a separate MPR
\ndecree.<\/p>\n
Golkar has submitted to the Assembly its draft of the
\n1998\/2003 State Policy Guidelines which includes clauses on human
\nrights protection under a section on law development.<\/p>\n
While the Armed Forces and regional representatives factions
\nfollow in Golkar's footsteps, minority factions the United
\nDevelopment Party (PPP) and the Indonesian Democratic Party (PDI)
\ndemanded a separate and stronger decree on human rights.<\/p>\n
The Assembly will deliberate the PPP and PDI drafts of human
\nrights charter from Dec. 11 to Dec. 16.<\/p>\n
Yusril, also an Assembly member representing Golkar, said a
\nseparate decree would not help bring about improved human rights
\nbecause such a decree did not have the power to be enforced.<\/p>\n
He added such a decree would spark more debate because people
\nin the country have different views on human rights.<\/p>\n
He said several decrees established by the provisional
\nAssembly in the past have never worked until today.<\/p>\n
They include a decree to award youth activists as national
\nheroes for their demand to ban the Indonesian Communist Party in
\n1966, and another which bans people from promoting communism.<\/p>\n
Yusril offered a way-out of the protracted debate by asking
\nthe government to set up a new law which contains human rights
\nprotection compiled from all the country's present laws. The new
\nlaw should be socialized through a presidential decree, he said.<\/p>\n
\"The way-out is far simpler and will not spark debate, because
\nthe laws which contribute to the so-called law on human rights
\nhave been approved by the House and the President,\" he said.<\/p>\n
Secretary-general of the National Commission on Human Rights,
\nBaharuddin Lopa, said he personally preferred a separate decree
\nbecause it would give a strong legal basis to human rights
\nprotection.<\/p>\n
\"The decree is aimed at avoiding arbitrary governance by the
\npower holders. It seems to me that the decree must affect the
\ngovernment officials first because they tend to abuse human
\nrights,\" Lopa said.<\/p>\n
He said since the rights body inception in 1993, it had
\nreported 7,000 cases of human rights violations, most of them
\ncommitted by government officials.<\/p>\n
Lopa questioned Golkar's reasons for refusing \"the mounting
\ndemand for a human rights charter\", saying that it would only
\nraise allegations that the dominant party hampers
\ndemocratization.<\/p>\n
\"As the biggest political organization, Golkar should agree on
\nthe rising demand to increase public confidence,\" Lopa said.<\/p>\n
Separately yesterday, women's rights activists called for the
\nrevocation of policies which they alleged have intensified gender
\nstereotypes and restricted women's access to economic, social and
\npolitical roles.<\/p>\n
They claimed that such policies, which are partly stipulated
\nin the State Policy Guidelines, Marriage Law and Manpower Law,
\nhad discriminated women in society, their households and their
\nprofessional environment.<\/p>\n
The activists said that the government's attitude toward
\nwomen's roles was contrary to the United Nations' Convention on
\nthe Elimination of Discrimination Against Women (CEDAW), which
\nIndonesia ratified in 1984.<\/p>\n
\"The government's ambivalent attitude greatly contributed to
\nthe discrepancy between its will to eliminate discrimination and
\nto promote women's status, with the legal practices and
\npolicies,\" said Nursyahbani Katjasungkana who chairs the Women's
\nGroup for Monitoring the Implementation of CEDAW.<\/p>\n
She said so-called \"women's double roles\" -- touted by the
\ngovernment in 1978 as a concept to enhance women's roles both
\ninside and outside the home -- had overly burdened women.<\/p>\n
\"If women are ordered to play a double role, so should men.
\nThere should be programs for men to train them in domestic work,
\nso both men and women can share (the role),\" said Nursyahbani.
\n(amd\/09)<\/p>",
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