Discriminatory rules still haunt Chinese-Indonesians

Discriminatory rules still haunt Chinese-Indonesians

Kurniawan Hari, The Jakarta Post, Jakarta

For badminton legend Tan Joe Hok, 67, any discussion about
discrimination against suku Tionghoa (the term used by many
Chinese-Indonesians to describe themselves) is frustrating.
Indeed, he was reluctant to recall all of the instances of
discrimination suffered by him and his family.

"It was very difficult for my children to enroll in schools.
We, Chinese-Indonesians, are considered foreigners in our own
homeland," he told The Jakarta Post recently.

Tan Joe Hok, the All England champion in 1959 and a member of
the victorious Thomas Cup teams in 1961 and 1964, refused to
elaborate on the discrimination.

He simply said that all he wanted was clarity from the
government; whether Chinese-Indonesians are still required to
obtain an SBKRI (the acronym for Indonesian citizenship
certificates).

Officially, the government in 1996 revoked the regulation
requiring Chinese-Indonesians to produce a SBKRI if they wanted
to obtain documents such as ID cards, driver's licenses,
passports and birth certificates.

But a recent survey by Solidarity for the Nation (SNB) in five
cities found Chinese-Indonesians were still required to produce
SBKRIs.

"Today, the situation is uncertain. That is why we need
clarity from the government," Tan Joe Hok added.

When president Soeharto revoked the discriminatory regulation
in 1996 expectations were high that it would be a starting point
for an end to racial discrimination in the country.

In 1998, president BJ Habibie issued a presidential
instruction to end the official use of the phrases "indigenous
Indonesians" and "non-indigenous Indonesians".

Two years later, the government of president Abdurrahman Wahid
revoked a regulation banning Chinese-Indonesians from celebrating
their religious ceremonies and holidays.

And president Megawati Soekarnoputri in 2002 declared the
Chinese New Year, known here as imlek, a national holiday.

This was all a relief for Chinese-Indonesians, who for decades
had experienced discrimination.

However, despite signals from the government that it was
ending discrimination against Chinese-Indonesians, officials in
the field continue to enforce discriminatory policies.

Lawyer Frans Hendra Winarta said despite the revocation of the
regulation on the SBKRI, officials still asked Chinese-
Indonesians to produce the certificate.

"Since the practice lacks a legal basis, it just takes courage
from Chinese-Indonesians to reject any demand to produce a SBKRI.

"My last experience was when I extended my passport two months
ago. The officials asked me to produce a SBKRI but I refused
their demand. There must be courage on the part of Chinese-
Indonesian," Frans told the Post.

These discriminatory practices, which had a legal basis in
various regulations, were inherited from the Dutch colonial
rulers. The Dutch segregated the people based on ethnicity; that
is Europeans, Arabs, East Asians (including Chinese) and the
indigenous population. The indigenous people were treated
inferior to the "second-class" Arabs and East Asians, and the
"first-class" Europeans.

Soelistyowati Soegondo, a member of the National Commission on
Human Rights (Komnas HAM), said recently that today continued to
complain about discrimination.

"We continue to receive complaints from people. They want
justice," she said.

Minister of Justice and Human Rights Hamid Awaluddin has said
that the government had revoked the regulation on the SBKRI. He
said the continued application of this regulation by offices in
the field was the result of inconsistency in state apparatus.

"We have revoked the regulation but there are inconsistencies
in the application," he said.

Legislator Alvin Lie Ling Piao from the National Mandate Party
(PAN) was not eager when asked to comment on discrimination
against Chinese-Indonesians.

He said the situation was improving for Chinese-Indonesians,
and regional autonomy had encouraged several regions to put an
end to all discriminatory practices.

Local administrations in Surakarta and Semarang, both in
Central Java, have said they wish to be pioneers in the
abolishment of discrimination, especially in public services.

"As a nation we have to engage in some reflection. We have to
ask ourselves whether Chinese-Indonesians have done their best
for the country," Alvin said.

Some rulings on Chinese-Indonesians:

- Article 26 of the Constitution on citizenship differentiates
between indigenous Indonesians and Indonesians of other races.

- Law No. 62/1958 on citizenship obliges Indonesian-born Chinese
to carry documents not required for "indigenous" Indonesians.

- Presidential Decree No. 240/1966 obliges all those of Chinese
descent to adopt Indonesian names.

- Presidential Instruction No. 37/1967 limits the education and
economic opportunities for Chinese-Indonesians.

- Home Ministry Instruction No. 455.2-360/1968 regulates the
construction of Chinese temples.