Dealing with problematic NGOs

Dealing with problematic NGOs

By T. Mulya Lubis

Controversy has lately arisen concerning the role which non-
governmental organizations (NGOs) are supposed to play in
Indonesia. In the following article, T. Mulya Lubis, chairman of
the Center for Human Rights Studies, takes a look at the issue.

JAKARTA (JP): Coordinating Minister for Political Affairs and
Security Soesilo Soedarman has told the press that there are 32
problem NGOs in Indonesia. The number is small compared to the
total number of NGOs which, according to the minister, reaches
some 8,000.

NGOs have been accused of dabbling too deeply into practical
politics, with certain objectives in view. It has also been
quoted that many among them have received foreign aid without the
government's permission. In this context, names such as the
Foundation of the Indonesian Legal Aid Institute, Indonesian
Forum for Environment, the Indonesian Prosperous Labor Union, the
New Masyumi and the new Indonesian Nationalist Party have been
mentioned.

Although the problem NGOs are linked with their political
activities, the matter has given rise to confusion and
apprehension. The problem NGOs are made to seem inferior to
corruptors and manipulators, who abuse their authority. This
accusation is not just, and has violated the principle of
assumption of innocence because it has become a political verdict
which will kill the problem NGOs. What have they actually done
wrong?

The government should be more open and explain that the
empowerment of the community is not allowed. Or, it should
clearly say that "freedom to associate and to assemble and to
state one's opinion orally or in writing", which is actually
guaranteed by Article 28 of the 1945 Constitution, cannot be
implemented. If somebody desires to establish an NGO, the scope
of activities should not involve politics. This scope of
activities is the monopoly of the government and its officials.
Also, NGOs are not permitted to receive foreign aid, except with
the government's approval. Those allowed to receive foreign aid
are only the government and private businessmen, although the
amount of aid and offshore loans has become a heavy burden on us,
pushing our debt service ratio to over 30 percent.

The problem is, how far does foreign aid go to reach the
people? It is said that the percentage of foreign aid failing to
reach its destination is staggering. Foreign aid channeled to our
NGOs is very small compared to the aid given to the government
and the private sector.

Undeniably, since the presence of NGOs in the early 1970s, we
have seen a growing awareness among our people with regard to
law, politics and social matters. The voices demanding change and
improvement in the economic, political and legal systems, heard
clearly in various media, came from NGOs and workers in
association with NGOs, not from the political parties and the
functional group Golkar. Demands on democratization, human
rights, rule of law, gender justice and ecology salvation came
predominantly from NGOs. Everybody knows that the work of NGOs
often has political implications, such as the defense of
dislodged people, victims of pollution, victims of layoffs, etc.
Theirs is not the work of practical politicians. It does not
stand to reason to draw a clear-cut line between politics and
law, or politics and economics.

Legally speaking, the government's statement on the problem
NGOs can be categorized as an infraction of the principle of the
due process of law, because these NGOs have been sentenced
without their exercising the right to defend themselves. In the
constitutional perspective, the verdict on the problem NGOs is
already an attack on or at least a negation of the constitutional
right to associate. Furthermore, the government has violated the
principle of self-governing organizations that is regulated in
each organization, including many NGOs, which legally take the
form of foundations. So, to include foundations in the category
of mass organizations and make them subject to Law No. 8/1985 on
mass organizations is a big error. There are laws on foundations,
and as long as there is no change in them, the government, which
should also adhere to the law, is not allowed to violate the law.
Everywhere, the government is also a subject of the law and must
respect the law.
Article No. 1 of Law No. 8/1985 seems to include all
organizations outside political parties, including Golkar,
limited liability companies, state-owned companies and
cooperatives. But if the contents of said article are perused
accurately, there is doubt on the inclusion of foundations in the
scope of Law No. 8/1985, particularly if one reads the
explanation which clearly excludes "cooperatives, limited
liability companies, etc," because these are subject to their own
legal regime.

Apparently, since the implementation of Law No. 8/1985, the
government realized this and therefore has shown restraint in
investigating the NGOs which are not mass organizations and are
mostly foundations. So, although Law No. 8/1985 entitles the
government to freeze and discharge mass organization board
members, because NGOs are difficult to categorize as mass
organizations, repressive measures cannot be taken. Our question
now is: Why has the government taken a forceful stance and used
muscle instead of reason?

It is hard to deny that the government's accusation against
problem NGOs is viewed as the arrogance of power, which is
distrusting of the critical voices of the NGOs. The NGOs have
neither political power, nor firearms, nor abundant funds. These
NGOs seem to be effective because they work at the grass roots
level, express the voice of the heart, and appeal to a democratic
spirit for renewal. The NGOs' stance is clearly not in favor of a
status quo. But these NGOs are not radical rebels who could go
underground. It is not wrong to say that the NGOs are critical
partners of the government. There is a legal place in our socio-
political order for the role of NGOs, a very historical place
because basically, this country also started from NGOs like Boedi
Oetomo, Serikat Dagang Islam, etc.

It would be wise for the government to recognize that the NGOs
have an important share in the growth of this nation, and this
role is not less important than that of the government, political
parties and the functional group Golkar. Basically, the NGOs are
children of this country, part of the nation's pluralistic
society.

The writer is chairman of the Manila-based Regional Council
of Human Rights in Asia.