Megawati accused of rights abuse over arrest of activists
Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
The recent arrests of several antigovernment protesters confirms President Megawati's failure to promote human rights, which are guaranteed by the Constitution, activists said on Saturday.
They said that the protesters burned an effigy of Megawati to express their disappointment with her government, not to personally insult her.
Since taking office in July 2001, Megawati has often been accused of abusing the Criminal Code for her political interests and silencing her critics with draconian articles on insulting state symbols.
"The articles were created by Dutch colonial rulers to protect the queen, but they are no longer relevant now that we have adopted articles on human rights in our Constitution," former secretary-general of the National Commission on Human Rights Asmara Nababan told The Jakarta Post.
"It can be considered that Megawati has violated human rights and the Constitution."
Article 28 e of the 1945 Constitution states that everyone is free to form an organization, hold a gathering and express their opinion. The article also ensures people's freedom to express their mind using means of their own choice.
Asmara underlined that all regulations had to comply with the Constitution and, consequently, the articles used by the police to build cases against protesters should be revoked.
The President has consistently expressed her irritation with student protests, which often involve the burning of the national flag and effigies. She has repeatedly accused the protesters of being discourteous.
In the wake of heightening mass protests against the government policy to increase utility prices, the police have vowed to charge those who insult state symbols during rallies.
Student protesters in the East Kalimantan capital, Samarinda, and in the Central Sulawesi capital, Palu, will be charged with the offense.
Aceh woman student activist Raihana Diani is the latest protester to be convicted of insulting the President when the Banda Aceh District Court sentenced her to six months in jail last week for painting a red X on Megawati's picture during a rally in July last year.
Another activist, Ifdhal Kasim from the Institute of Policy Research and Advocacy (Elsam), said that the burning of effigies of the President or Vice President was not aimed at personally disgracing the top state officials.
"The presidency is a public position and the burning simply symbolizes the public's disappointment with the President," Ifdhal said.
Quoting the Constitution, he said expressing one's opinion was protected as long as it did not falsely accuse or physically harm other people.
The rights activist further noted that in the past two years, the use of such articles by the police to silence protesters had mounted.
"During the era of former presidents B.J. Habibie and Abdurrahman Wahid, those articles were never used as it was against the spirit of reform," Ifdhal said.
Only in the administration of Megawati has the use of the articles recurred, reminding people of the authoritarian era of former president Soeharto.
"What we need to do is to revoke those articles as it is also a legal fact that those articles remain valid in our positive law," he underlined.
Amended 1945 Constitution, Article 28e
(1) Everyone is free to follow a particular religion and implement his/her beliefs, choose a type of education, job, citizenship, place to stay inside the country or leave the country, and is free to return.
(2) Everyone is free to choose a certain belief, express his/her opinion and to behave in accordance with their own conscience.
(3) Everyone is free to form a union, hold a gathering and express his/her opinion.