Conflicts inside and out on the legality of abortion
Conflicts inside and out on the legality of abortion
JAKARTA (JP): The recent international conference on
population judged that the most feasible way to escape prolonged
conflict over the abortion issue is by surrendering the necessary
implementation directives to individual countries.
That way, relieved delegates could go home and deal with the
problem of abortion in their own way. In reality, however, things
may not be as simple as that, as Indonesia has found out for
itself.
The Cairo Declaration, adopted at the closing of the
International Conference on Population and Development on Sept.
13, states that "Women who have unwanted pregnancies should have
ready access to reliable information and compassionate
counseling."
It also declares that "any measures or changes related to
abortion within the health system can only be determined at the
national or local level according to the national legislative
process."
"In circumstances in which abortion is not against the law,
such abortion should be safe," it continues. "In all cases women
should have access to quality services for the management of
complications arising from abortion."
Furthermore, it suggests that "post-abortion counseling,
education and family planning services should be offered promptly
which will also help to avoid repeat abortions."
Finally, it urges that all governments and relevant inter-
governmental and non-governmental organizations "to deal with the
health impact of unsafe abortion... as a major public health
concern and to reduce the recourse to abortion through expanded
and improved family planning services."
Though it may sound like the best option, this compromise is
not necessarily easy to follow through as many countries, like
the Philippines, must contend with conflicting opinions and other
internal problems.
Health law
Indonesia is another case in point. Various legal and medical
complexities stand in the way of implementing its abortion
regulations.
Soon after the Health Law was ratified in 1992, medical and
legal experts, as well as woman's right activists, attacked the
law for being flimsy and vague on the subject of abortion.
Officials promised that the vagueness would be quickly
eliminated with the issuance of more detailed implementation
directives, especially Clause 15.
The clause rules that "termination of pregnancy is prohibited
for whatever reasons" while "certain medical actions" are
possible when the life of the mother and unborn baby are in
danger.
Two years have passed but no directives have been issued. In
fact, legal and medical experts as well as religious leaders are
still engaged in a sharp debate as to how the directives should
be formulated.
According to Dr. Suheni Soedjatmiko from the Ministry of
Health, members of the team entrusted to prepare the directives
are still having difficulties reconciling their views.
"I believe, it is impossible to predict how or when this
problem will be solved," she told The Jakarta Post.
Kartono Mohamad, chairman of the Indonesian Planned Parenthood
Association, asserts that it is not likely that the directives
can be formulated at all.
"There cannot be any implementation of directives regarding
abortion because they will definitely go against the Law," said
the leader of the non-governmental organization established long
before the national family planning program began in the 1970s.
As for the debates, Kartono said he had yet to see an end to
them. He charged that the government was too concerned with the
reactions of religious groups, mainly Islamic, instead of the
welfare of those concerned.
This period of indecision means that effective control of
medical procedures is impossible, Suheni indicated.
Rape
Activists, like Sita Aripurnami from the Kalyanamitra
foundation, have discovered that their longstanding grievances
have not been dealt with.
Two years ago Sita lashed out at the laws and stated that the
extremely narrow abortion regulations pose a great opportunity
for abuse.
She said pregnant teenagers or rape victims whose "mental or
physical well-being are threatened by pregnancy," might resort to
illegal, often unsafe, abortion because their rights were not
recognized.
Rita S. Kalibonso of the Jakarta Legal Aid Office expressed
the same concern for hundreds of raped young women who might find
themselves pregnant and unable to seek appropriate medical help.
Another noted lawyer, Nursyahbani Katjasungkana, pointed out,
however, that the implementation of directives was not the key
issue because the government has adopted a 1960s jurisprudence
ruling that abortion is permitted for pregnant mothers whose
lives are threatened.
Sita, nonetheless, still has a long list of complaints. She
argues that the Health Law is "biased towards large cities," as
abortion is only permitted after "the consideration of experts."
Technically, this is a major problem in areas with only one
obstetrician, like in Kupang, East Indonesia, she said.
"Who would think of consulting "experts" besides informed,
elderly women or their midwives and doctors," she asked.
"I'm for access to safe abortion," said Sita, who terminated
her second pregnancy when she realized she had contracted herpes.
"But I'm not sure about the legal aspects. It could be even more
difficult for women who really need it," she concluded.
Advancement
How the Health Law could possibly keep up with rapid medical
advancements is another area of contention.
Obstetricians and gynecologists, for instance, say that the
law might not be able to preclude violations committed with
sophisticated medical techniques. Such a development could be
beyond the government's control.
The termination of pregnancies without surgery is one of the
advanced methods. By using a hormonal preparation, in the form of
either an injection or vaginal suppository, women can abort their
fetuses in one or two days.
Perhaps it is just as well that the Cairo Declaration has
stated that "prevention of unwanted pregnancies must always be
given the highest priority and all attempts should be made to
eliminate the need for abortion." (swe/anr)