Much work needed to end ethnic discrimination

Much work needed to end ethnic discrimination

Frans H.Winarta, Lawyer, Jakarta

Indonesia is an archipelagic country that displays a
significant degree of tolerance for ethnic, racial and religious
differences -- compared to discrimination against ethnic Chinese.
The dominant ethnic group seems to have many reasons for
resenting those of Chinese descent, a sentiment which became more
obvious after the attempted coup of 1965 (given allegations of
the involvement of China's communist party -- Ed.). An
inappropriate economic paradigm has been in place since then,
creating a wide gap between rich and poor, and an incorrect
demographic policy has also been imposed on Chinese Indonesians.

Since 1959 non-citizens within the ethnic Chinese population
have been denied the right to run businesses in rural Indonesia.
Sometimes, Chinese-Indonesians have been made scapegoats by those
venting popular frustrations, especially those urban Muslim
communities that regard the Chinese as both racially and
religiously distinct.

Chinese language publications, with the exception of one
officially sanctioned daily newspaper, were neither to be
imported nor produced. Under Presidential Decree No. 14 1967, the
use of Chinese symbols and many other Chinese cultural traditions
were restricted. For example, Lunar New Year celebrations, which
had been enjoyed by Indonesians for hundreds of years as a form
of spectacular entertainment and an expression of harmonious
relations between ethnic groups, suddenly disappeared.

Former president B.J. Habibie ended the use of the term
indigenous (pribumi) and non indigenous (non pribumi) through
Presidential Instruction no. 26 1998 in government policies and
activities. The policy shift continues to affect a large group of
people and implies that Indonesians of Chinese descent are equal
to other citizens. The tradition of the Lunar New Year might seem
trivial to some officials but it is an important part of Chinese
tradition. It is clearly a basic right for the Indonesian
Chinese.

The New Order regime under Soeharto promoted anti-Chinese
sentiment by denying ethnic Chinese opportunities for political
expression. They were only allowed to be active in the business
sector and consequently became an exclusive group.

It is true that the Chinese are prominent in trade and
commerce, which has led to the perception that they are
exploitative, exclusive and arrogant.

The economic crisis peaked in the May 1998 riots. The riots
were an expression of the sentiments fostered under the racially
discriminatory policies of former president Soeharto. At least
1,200 people are believed to have died, including indigenous
Indonesians killed in fires. Several hundred Chinese were killed
by mobs and many others injured, while dozens of Chinese women
were raped and many properties looted.

Whenever riots have taken place, it is Chinese Indonesian
traders and citizens who have become the victims. The state has a
responsibility to guarantee the safety of all citizens under the
1945 Constitution. In view of the circumstances and period in
which the 1945 Constitution was drafted, the very brief
provisions on human rights can be understood. The document was
drafted hastily at a time when Indonesia was still under the
Japanese occupation and when it was still struggling for
independence.

In the Annual Session of the People's Consultative Assembly in
August 2000 one of the proposals for amending the 1945
Constitution included the inclusion of a substantial new chapter,
chapter 10A on human rights.

Article 28i paragraph 2 of the proposed new chapter states:
"Everyone has the right to be free from any discriminative action
on whatever basis and is entitled to protection from such
discriminative action".

According to legal expert Satya Arinanto, such a new chapter
would make no significant contribution to the future protection
of human rights, as its articles are similar to those in the 1999
human rights law; a constitution on the other hand is supposed to
prescribe more basic principles of human rights and fundamental
freedoms than its lower laws and regulations.

Yet despite the law on human rights and the guaranteed
fundamental freedoms in the Constitution, discriminative
regulations remain -- even in the 1945 Constitution.

An amendment has changed the article on citizens and residents
as follows: "Residents are Indonesian citizens and foreigners
residing in Indonesia"; "Any other matters with respect to
citizens and residents will be further stipulated by law".

But clause 1 Article 26 of the Constitution still reads: "A
citizen is an indigenous Indonesian person and persons of other
races who are confirmed as citizens by law".

It is time for President Megawati Soekarnoputri to seriously
consider implementing legal reform, and not just place a priority
on economic and political reforms. This could be achieved by
repealing discriminative laws and regulations, which would
eventually bring the law in line with the spirit of the founding
fathers who sought to uphold a state based on law (rechtstaat)
rather than on power (machtstaat).

Last but not least, a serious, clear and conducive program of
legal reforms should be introduced if Indonesia wants to be
considered a modern and civilized state.

The above article was condensed from the writer's presentation
at an international symposium on human rights in Canberra in
December.