SBKRI: Segregation in practice<\/p>\n
Frans H. Winarta, Council Member Human Rights Institute
\nInternational Bar Association (IBA), Jakarta<\/p>\n
The document of citizenship affecting Chinese-Indonesians, the
\nSBKRI, has been a nagging problem for the country, in addition to
\nthe 60 other regulations and decrees that discriminate against
\nethnic Chinese, who account for up to 3 percent of the total
\npopulation.<\/p>\n
Segregation started in colonial times, and the SBKRI is
\nnothing but a continuation of this policy of segregation. After
\nthe abortive coup d'etat in 1965, the New Order government and
\nthe Army developed the paradigm that Chinese-Indonesians were
\nprone to sympathize with communists and that the People's
\nRepublic of China supported the coup attempt.<\/p>\n
The minister of justice introduced the SBKRI in a 1978 decree,
\nwhich stipulated that every citizen, particularly those of
\nforeign descent, must apply for a SBKRI at the ministry.<\/p>\n
In practice the decree was interpreted as only applying to
\nIndonesian citizens of Chinese descent, and thus became a form of
\napartheid or state-sponsored racial discrimination, which is
\nexpressed in laws and customs similar to those in the South
\nAfrica of the apartheid era.<\/p>\n
The requirement of the SBKRI was reiterated in a 1980 joint
\ndecree issued by the minister of justice and the minister of
\ninternal affairs, with the provision that an SBKRI may be granted
\nto an adult of foreign descent who wishes to become an Indonesian
\ncitizen. Later on, the SBKRI became legal evidence of citizenship
\nfor Chinese-Indonesians.<\/p>\n
Although the President has revoked the decrees, the
\ncertificate is still required by schools, universities and
\nvarious government offices, from the immigration office and
\nsubdistrict offices to the civil registration office and the land
\nagency.<\/p>\n
Obtaining an SBKRI has become the source of corruption
\namounting to billions of rupiah per annum. Kompas daily reported
\nlast year that the cost of obtaining an SBKRI ranged from Rp 2
\nmillion to Rp 7.5 million.<\/p>\n
Not every Chinese-Indonesian can afford such sums. As a result
\nquite a percentage of them are stateless, some are illegally
\nmarried with children officially born out of wedlock, some cannot
\nenter state and private universities -- and the worst is that
\nthey are helpless to fight back as they are politically weak due
\nto the expulsion of Chinese-Indonesians from politics more than
\nthree decades ago.<\/p>\n
It will take political will from the government to put an end
\nto these racist and discriminative policies, which run counter to
\nthe principle of equality in the law and human rights.<\/p>\n
The current policies could amount to cultural genocide as
\ndescribed by Geoffrey Robertson (Crimes Against Humanity), who
\nincludes in his definition of the term the prohibition of the use
\nof a group's language, \"rewriting or obliterating its history or
\ndestroying its icons\".<\/p>\n
According to the 1948 Convention on the Prevention and
\nPunishment of Genocide, genocide is defined as the intention to
\ndestroy in whole or in part a national, ethnic, racial or
\nreligious group.<\/p>\n
By eliminating discriminative laws and policies, the
\ngovernment of Megawati would be able to improve the country's
\nhuman rights record. Discrimination against Chinese-Indonesians
\nhas been an international and national concern for decades, and
\nwas critically watched and observed by international human rights
\norganizations such as Amnesty International, Human Rights Watch
\nand the International Commission of Jurists. Among the local
\ncampaigners to end the discrimination are the Indonesian Legal
\nAid Foundation, Solidaritas Nusa dan Bangsa and Gandi.<\/p>\n
Hopefully, by working together we can put an end to the
\ndiscrimination suffered by Chinese-Indonesians.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/sbkri-segregation-in-practice-1447893297",
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"sponsor": "Okusi Associates",
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