Red Cross emblems violated during political upheavals

By Fadillah Agus

JAKARTA (JP): The chaotic events leading up to the downfall of former president Soeharto saw several instances in which the emblem of the Red Cross was not respected or was misused.

Several media reports cited cases in which security personnel treated health care volunteers wearing Red Cross badges violently during various student demonstrations across the country.

A doctor in Surabaya was quoted by the Jawa Pos as saying that cases in which security officers beat people wearing Red Cross emblems constituted a violation of the 1949 Geneva Convention.

On the other hand, when demonstrating university students occupied the House of Representatives/People's Consultative Assembly (DPR/MPR) complex in May, many vehicles and people not belonging to the Indonesian Red Cross displayed Red Cross emblems. Some were private cars or office vehicles transporting logistical and medical supplies.

A number of university vehicles assigned to medical jobs also displayed the emblem. Some of these vehicles even had "Reform" written below the red cross. Community members and students assigned to medical and logistical jobs put red crosses on their arms, bodies or heads.

These examples could be interpreted as indicating the high degree of appreciation the community has for the Red Cross' emblem. It also proves that they knew the protective function it carries.

Some unnecessary mistakes in the use of the red cross symbol did occur, though. During the student occupation of the DPR/MPR, for example, a group of doctors were seen wearing vests bearing a white cross on a red field -- instead of a red cross on a white field. It was obviously not the doctors' intention to indicate that they were delegates from Switzerland (the Swiss national flag is a white cross on a red field). It might have been that such vests were made because of some aesthetic consideration.

Adding words to the Red Cross emblem, such as "I'm for peaceful reform", is a misuse of the symbol. It is also technically wrong to wear a Red Cross emblem on a headband. The correct place to wear it is on the left arm or on the body.

Other incorrect uses also occurred. This is understandable since most community members do not know who is entitled to use the Red Cross emblem or the proper way to wear it.

The examples above indicate that most community members share the common opinion, though erroneous, that the Red Cross emblem may be used by any volunteers undertaking humanitarian assignments, such as providing medical and logistical aid.

Most also believe that security forces must not commit violent acts against those using the badge. But it should be understood, however, that there are special regulations on the use of the Red Cross symbol.

According to these regulations, the Red Cross emblem may be used as an indicator or as a protection symbol for certain people or objects.

In the case of its use as an indication sign, a small Red Cross emblem may be displayed on a person or an object. In the case of its use as a protection sign, a large-sized emblem may be displayed on people, vehicles, buildings or equipment.

The use of the emblem and its protection is regulated in international legislation, including the 1949 Geneva Convention and Regulation on the Use of the Emblem of the Red Cross or the Red Crescent by National Societies. According to prevailing provisions, the Red Cross emblem can be used only by Red Cross societies, medical services of an armed forces and clerical officials.

Presidential Decree No. 25/1950 and Presidential Decree No. 246/1963 recognizes the Indonesian Red Cross (PMI) as the only Red Cross society in Indonesia. Internationally, each country is only allowed one national Red Cross society associated with the International Red Cross and Red Crescent.

Therefore, the Indonesian Red Cross, medical services of the Armed Forces and clerical officials are the only people entitled to use the Red Cross emblem in Indonesia. They are also entitled to use it on their equipment, building or transportation facilities and ambulances. The International Committee of the Red Cross (ICRC) and the International Red Cross and Red Crescent Federation are also allowed to use the badge in any country at any time.

Each country may adopt only one of the two emblems, either the red cross or the red crescent. The PMI has opted for the red cross.

The question is why can't just anybody use the emblem?

During the recent student demonstrations, particularly those at Trisakti University and DPR/MPR compound, the PMI performed its humanitarian tasks as a politically neutral institution. It provided first aid services, evacuated victims and utilized its ambulances. Many other volunteers who were not PMI members also performed similar humanitarian tasks.

The amount of humanitarian activities carried out by the public was indeed encouraging. But many community members did not feel safe when offering their humanitarian services. They were afraid that what they were doing would put them in conflict with the government and security authorities.

Apparently, the community felt more secure in providing social and humanitarian services when using the Red Cross emblem. They may have thought that the emblem was internationally known and would, as such, provide them with the necessary protection -- particularly against violent acts which might be perpetrated by security personnel.

They did not realize that institutions other than the Red Cross may not use the emblem while performing humanitarian tasks. Even hospital ambulances may not use the emblem unless it belongs to the Red Cross society.

If the community feels the need to use the Red Cross emblem, it must cooperate with the PMI.

The regulation on the use of the Red Cross symbol is, on the one hand, meant to guarantee respect for those using the emblem so they will not be constrained in performing their tasks. On the other hand, such volunteers are required to perform their duties on the basis of internationally recognized principles.

However, on a national level, perhaps legislation is needed for people to obtain a proper and adequate guarantee of respect and protection. Such legislation would serve as a strong legal foundation for the realization of the protection and respect for the use of the Red Cross emblem in Indonesia.

Since Indonesia ratified the 1949 Geneva Convention in 1958, such legislation could help assure that the country follows the agreement.

In this regard, a working group at Trisakti University's Center for Studies of Humanitarian Laws has prepared a draft regulation on the use and protection of the Red Cross emblem. The draft is scheduled to be discussed in a seminar organized by the Indonesian Red Cross on Aug. 12.

Such legislation would help the community, including the government and the military, to better understand matters linked with the use of the Red Cross symbol.

The writer is a lecturer at Tisakti University's School of Law.