Scrap discriminatory 'rulings on Chinese'
Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
While President Megawati Soekarnoputri was preaching to Chinese businessmen that there was no racial discrimination in Indonesia, experts and activists back home were demanding that her administration revoke over 60 rulings that discriminate against Indonesians of ethnic Chinese descent.
Leo Suryadinata of the National University of Singapore, noted lawyer Frans Hendra Winata, and human rights activist Ester Indahyani Jusuf asserted on Wednesday that unless those discriminatory rulings are scrapped, efforts to bring about ethnic equality were doomed to failure.
"The main thing that should be done is rehabilitating the legal system in Indonesia, and revoking regulations that discriminate against Indonesians of Chinese ethnicity," political observer Leo told a seminar on discrimination against the Indonesian Chinese here on Wednesday.
Ester, who won the 2001 Yap Thian Hien human rights award, told the seminar that racial discrimination was deeply enshrined in article 26 of the country's 1945 Constitution, which classifies the population into indigenous Indonesians and people of other races.
"The implementation of such differentiation appears in subordinate regulations and touches all aspects of life from education, the economy, and issues of the state administration," said Ester, calling for the speedy enactment of an antidiscrimination law.
Frans criticized Megawati, who, according to him, was busy preaching to the world that the country was respecting human rights but forgot that there were still many discriminatory laws facing persons of ethnic Chinese origin in Indonesia.
Discrimination against the ethnic Chinese is nothing new to Indonesia. During colonial days, the role of the ethnic Chinese was limited to trade. During former dictator Soeharto's 32 years of leadership, a large number of rulings were issued controlling the role and movement of ethnic Chinese.
After the fall of Soeharto, and especially during former president Abdurrahman Wahid's short spell in office, several regulations were revoked. President Megawati, who is currently in China for a five-day state visit aimed at boosting bilateral trade and enticing Chinese businessmen to invest in Indonesia, in February declared the Chinese New Year to be a national holiday.
The government, however, has been dragging its feet in reviewing discriminatory rulings, saying that there were still many other important issues to attend to.
"Only when the President revokes these discriminatory rulings can she proclaim that she upholds human rights," Frans said.
Ester cited the importance of law enforcement as so far none of those instigating riots against Chinese Indonesians had been brought to justice, sending out the message that it was fine to attack the homes of Indonesians of Chinese descent.
"Nobody seems to care about the 1998 May riots against the Chinese. It seems that the case is already closed along with many other similar cases that happened across the country," Ester said.
Ester underlined that it was extremely important for the country to show to the world that justice would be upheld.
"We should not be happy just because the government declares the Chinese New Year to be a national holiday as there are still several regulations that discriminate against us," she said.
Some anti-Chinese laws & rulings
1945 Constitution Article 26 on citizenship differentiates the population into indigenous Indonesians and people from other races.
Law No. 62/1958 on citizenship obliges Indonesian-born Chinese to have documents normally not required for 'indigenous' Indonesians.
Presidential Decree No.240/1966 obliges all those of Chinese descent to adopt Indonesian names.
Presidential Instruction No.37/1967 limits the education and economic opportunities for Chinese-Indonesians.
Home Ministry Instruction No. 455.2-360/1968 on the regulated construction of Chinese temples.