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.