Megawati accused of rights abuse over arrest of activists
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.