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.