Activists welcome bill against discrimination

Activists welcome bill against discrimination

Berni K. Moestafa and Fabiola Desy Unidjaja, The Jakarta Post,
Jakarta

Activists have welcomed the submission of the anti-race and
ethnic discrimination bill to the House of Representatives saying
that it will ensure equal rights of all citizens.

The draft stipulates obligation and sanctions for people or
organizations that intentionally discriminate people in claiming
their civil rights such as education, job opportunities and other
public services.

Noted woman activist Ester Indahyani Jusuf said on Wednesday
that the country needs such law to provide legal protection
against discrimination.

"All these years the state had issued many discriminatory
regulations, which should be scrapped as soon as the anti-
discrimination bill is passed," Ester told The Jakarta Post.

The similar view also shared by lawyer Frans H. Winarta, who
said that some 60 rulings need to be revoked once the bill gets
passed.

"It's hard to fight discrimination by individuals, however the
proposed bill can do a lot to fight discrimination by the state,"
he said.

The bill apparently aims to implement the international
convention on the elimination of all forms of racial
discrimination, signed by Indonesia in 1999.

Therefore, this bill does not address discrimination against
gender, which is addressed separately by another international
convention on gender equality, which Indonesia signed in 1984.

Activist Nursyahbani Katjasungkana of Indonesia's Women
Association for Justice said she hoped for a separate law dealing
with gender discrimination.

"Non-government organizations aren't pushing hard enough for
this law so for now it remains only an idea," she said.

The proposed anti-race and ethnic discrimination bill is a
step forward for the country, which once dubbed as a racist
country following the anti-Chinese riots that broke out in
Jakarta in 1998.

The bill defines race as classifying peole based on physical
differences such as skin color, hair, and body height. While
ethnic distinguish people based on their faith, norm, custom,
tradition, language, religion, history, geography and
relationship.

The bill stipulated that "all citizens are rightful for equal
opportunities to claim their civil, political, economical and
cultural rights".

It bans the showing of hate against a particular race or
ethnic through writings, drawings, speeches or accessories and
carries a maximum five-year jail term and penalty up to Rp 100
million (US$11,235).

The bill bans limiting people's rights and act of violence
arising from racial or ethnical motives. Depending on the degree
of violence, the threat of a jail term could range from at least
three years up to seven years should the victim sustain serious
injuries or get killed.

It further demands the government to revoke discriminative
regulations and ensure that all citizens stand equal before the
law.

Individuals and non-government organizations specializing in
fighting racial and ethnical discrimination may file lawsuits and
seek compensations on violations of the bill.

It further puts in charge the National Commission on Human
Rights to monitor the implementation of the law. This covers an
authority to evaluate compliance by the government and seek facts
on individuals, groups, public or private institutions suspected
of having committed discriminative actions.

A member of the National Commission on Human Rights, Hasballah
M. Saad said the new bill would help the commission deal with
human rights violations many of which with a racial underpin.

"We have a sub-commission in charge of monitoring human rights
violations; I think they may start monitoring discrimination
issues as well," he said.