Look out for a return to authoritarianism

An advocator for the Constitution's overhaul, Smita Notosusanto, shares some major concerns expected under the new president. Smita is from the Center for Electoral Reform (Cetro), which is part of the 23-strong Coalition of Non-Governmental Organizations for a New Constitution.

Question: Would you hope for more democracy under President Megawati Soekarnoputri?

Answer: It was her Indonesian Democratic Party of Struggle (PDI Perjuangan) that suggested the continued presence of the military in the legislative bodies. So I'm very pessimistic ... the potential to return to authoritarianism is bigger under Megawati. It was a hard struggle for Gus Dur (Abdurrahman Wahid's nickname) but I don't think she'll struggle at all.

Note her inaugural speech in which she mentioned "the yearning for Greater Indonesia (Indonesia Raya)". For this she needs the backing of a strong military. There was no mention of democracy and human rights. Unity is her priority and part of her party's ideology, which could mean the crushing of human rights.

An emphasis on unity will endanger unity itself. Aceh would not have asked for independence if we had cared about their human rights but there has been no attempt to undo what happened there.

A special autonomy law for Aceh is not enough; they need reconciliation. But there can be no trial on human rights if she's chummy with the military. Gus Dur didn't manage to set up a human rights court but at least he wanted it.

Q: So will movements like yours have to begin from zero?

A: We've had much practice under (former president) Soeharto anyway. We might just have to take a step back. For instance, we want a new Constitution; she does not.

The (1945) Constitution is very executive friendly, every president loves it. Now it's giving a lot of power to the legislature too, so we don't know what the system is.

If Megawati is smart, she should start drafting a new Constitution if she does not want to face the same fate as Gus Dur. She must choose between her father's legacy and her own fate ... which will depend on the people around her.

Q: Megawati will reportedly be more firm on the military's political role...

A: Actions speak louder than words. The track record of PDI Perjuangan is not good on this issue. Apart from having given the military continued presence in the legislative bodies, the party also initiated the retroactive clause (in an amendment to the constitution which makes impossible the settlement of human rights violations allegedly taking place before a certain law, such as the new law on human rights, was issued).

We see all that as PDI Perjuangan's platform.

Q: So what is the plan of Cetro and other NGOs sharing your cause?

A: We want to go directly to the people. In Cetro, I was assigned to lobby legislators and I've had it although we did manage to get the concept of direct presidential election through.

But it's no use now, legislators don't want change. They are the first problem so they can't make decisions to reform themselves. Changing the Constitution must not be left to them.

Q: So the hope is on the public, not the new administration?

A: In all countries, democracy has come about from the streets, not the parliament or the palace.

Q: So what should people look out for now?

A: (A more active role of) the military; the potential for a severely curtailed press; dependency on debt,given Megawati's remarks regarding the International Monetary Fund which would determine whether we can come out of the crisis; and whether she's friendly to any attempt to change the Constitution.

Q: Many in the proreform movement who want to avoid repeating the mistakes the New Order regime would rather have Gus Dur as president. His decree to dissolve the legislative bodies was said to be "an undemocratic way to save democracy..."

A: The proreform movement is diverse. I would never use such an undemocratic measure. Having the state dissolve a political party (dissolving the Golkar Party was another point in the decree -- Ed.) is very undemocratic. Once you give that power to the state, they will not only abolish Golkar. If Megawati becomes authoritarian what's to stop her from abolishing other parties seen as her opposition?

Agreeing to the state dissolving a political party means we agree to the dissolving of the Indonesian Socialist Party, the Indonesian Communist Party ... only party members can dissolve their party. If Golkar is in the wrong, we should identify the people and bring them to trial.

Q: So have NGOs like yours accepted Megawati as president because the process to her installment was constitutional?

A: No, but because it is a phase that we must go through, similar to leadership succession in every country in transition.

We're still using the old rules of the game but imposed on us in a new context. Whether it's constitutional is irrelevant. In transition the rules are unclear, which is why we are developing new rules of the game before resorting to undemocratic measures.

Q: You opt for a more grueling, longer process?

A: In Thailand, replacing the constitution took only eight months. Many people here already know what they want in the new constitution. There are already so many drafts; we just need to put them in.

We must change the Constitutions' preamble, which was drafted in the context of fighting the Dutch and all that. The preamble must include the context of the New Order's 32 years and why 1998 (downfall of then president Soeharto) happened, which would explain the following amendments ...

In Thailand, they were fed up of their 15 changed constitutions and for the 16th, they decided the parliament should not (be entrusted with the job). Hence an independent commission drew up the new 300-clause constitution which was a national endeavor without foreign funding.

Q: The problem here would not only be Megawati. Many also consider the 1945 Constitution, more so the preamble, as sacred...

A: If it was so sacred why did (first president) Sukarno sponsor the 1950 provisional Constitution? The night before it was announced he said, "Just declare this, its provisional anyway ..."

Maybe it's not that Megawati takes it as sacred, but the present Constitution is very good for a very authoritarian president. (anr)