Scrap discriminatory 'rulings on Chinese'

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.