Election monitoring by NGOs violate laws, experts say
Election monitoring by NGOs violate laws, experts say
SEMARANG (JP): Legal experts welcomed the wishes of local non- governmental organizations (NGOs) to participate in the monitoring of the 1997 general elections, but say the move is against the law.
Soehardjo, a professor of law at Diponegoro University, told The Jakarta Post here yesterday that every citizen, including activists of NGOs, has the right to monitor general elections. However, this does not mean that they can intervene in the actual monitoring conducted by a body officially established for that purpose, he said.
Soehardjo, who is also a former legislator, said that a mechanism has already been set up to handle violations occurring during general elections. "There are measures stipulated in the laws to handle violations," he said.
Another expert, Pramoe Soetomo, agreed that NGOs cannot be included in the formal body for the monitoring of the general elections. Seen from the perspective of the laws on general elections, he said, the wishes of the NGOs cannot be accepted.
Both experts are commenting on the recent establishment by ten NGOs in Bandung, West Java, of an independent poll monitoring committee.
Made up of student activists, youths and public figures, the committee vowed to independently monitor all stages of the general elections, from the registration procedure to the final ballot count.
One of its activists said they set up the committee out of concern over rampant fraud, particularly during the ballot counting process, in the past general elections.
The committee also said that it will take both legal and political action if violations still occur in the 1997 general elections.
The establishment of this committee was greeted with enthusiasm by some observers, in the hope that it can help achieve a "honest and fair" general election.
Head of the National General Elections Monitoring Committee Singgih had welcomed the NGOs initiative, but pointed out that there are legal limitations as to what the activists can do in monitoring the elections.
The independent committee can hold its own monitoring activities, but would not be able to interfere with the formal committee's policy and programs.
Pramoe said the wish of the NGOs to participate in monitoring the 1997 general election can serve as an indicator of the domestic political development.
"The Indonesian politics is marked with contradictions," he said. "When the government tries to tighten control, it tends to be authoritarian. But when it strives for political openness, it faces a danger of societal groups pushing for liberalization."
"The NGOs could change and become the opposition," he said.
The laws on general elections stipulate that only an official monitoring committee can supervise the implementation of the elections, Pramoe pointed out.
"What's important is whether the committee is able to make corrections, or sue those found to be violating rules in the election," he said. "It needs not only political will, but the courage to do it." (har/swe)