Tue, 27 Apr 2004

KPU slammed for discriminatory policy

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Public criticism of the General Elections Commission (KPU) has increased over its policy of requiring presidential and vice presidential candidates to pass physical and psychological tests, with critics calling the policy discriminatory.

The Antidiscrimation Society published on Monday a half-page advertisement in several national dailies as part of its campaign against the KPU policy.

The advertisement, which features a picture of the nearly blind former president Abdurrahman "Gus Dur" Wahid, reads: "Let the people decide, not the KPU, IDI."

The KPU and the Indonesian Doctors Association (IDI) have signed a memorandum of understanding to conduct checkups of the presidential and vice presidential candidates, including an eye exam.

The society asked people to join its campaign against the policy by sending it a facsimile in a show of support or by sending complaints to the KPU via e-mail.

Gus Dur and his National Awakening Party (PKB) have had their motion for a review of the article in the presidential election law on health requirements rejected by the Constitutional Court. The Supreme Court is hearing their request for a judicial review of the KPU policy.

Political expert Daniel Sparringa said that now that Indonesia had adopted a direct presidential election, the right to determine who was able to lead the nation should lie with the people, not the KPU or any other institution.

"Let the people decide. If democracy is upheld, people will not make a mistake in choosing the president," he said.

"Politically speaking, no institution has the authority to interpret something the Constitution does not rule on."

Daniel said it was wrong for the KPU to issue a guideline that would prevent anyone from exercising his or her constitutional rights.

"The KPU has no mandate for that and, more importantly, it is discriminatory," he said.

Both the Constitution and the presidential election law say that presidential and vice presidential candidates must be physically and mentally capable.

Human rights activist Asmara Nababan agreed with Daniel, saying there was no reason for the KPU to bar anyone from running for president.

"The guideline is discriminatory. Now they are banning people with impaired eyesight from contesting the election, next they might bar people without legs or feet," he said.

Asmara said that if the people voted for a disabled person as president, the KPU or the government would have to do everything it could to help that person perform his or her state duties.

"If a blind person is elected president, then the government could appoint sworn officials to help him sign or read confidential and important state documents," he suggested.

Asmara insisted that disabilities should not deprive people of their political rights, which are protected by the Constitution.

"The KPU guideline is groundless and illegitimate. It must be revoked," he said.

KPU deputy chairman Ramlan Surbakti said on Saturday disabled presidential candidates would be considered able if they could perform their daily activities with the aid of special equipment or tools.

"Therefore, those who wear glasses or hearing aids or who use wheelchairs are not considered disabled," he said.

Critics have said that Gus Dur was unable to carry out state duties properly during his term as president due to his physical limitations. They accused him of being overly dependent on the people around him.