To demonstrate is a fundamental right: Seminar

To demonstrate is a fundamental right: Seminar

JAKARTA (JP): The right of the public and students to take to the streets and demonstrate for various causes is a fundamental right guaranteed by the Constitution, a seminar concluded.

Political observers and activists attending a seminar yesterday on the legal aspects of a demonstration lashed out at the authorities and their customary strong-arm approach to student and public protests, saying that it amounts to violation of human rights.

The observers also questioned the government's plan to issue a decree mandating that demonstrators request official permission before they take to the street.

"The plan represents a setback to our political life," political scientist Afan Gaffar said to the loud applause from around 100 participants, mostly students from various universities.

Afan, criminologist Mulyana W. Kusumah, former student activist Eky Syachrudin and legislator Sri Bintang Pamungkas called on the government not to impose the restrictions.

"(Staging) a demonstration is a public means of political participation in a democratic country," said Afan, a staff- lecturer at the Yogyakarta-based University of Gadjah Mada. "It is part of our human rights, in this case, the right to freedom of expression."

"People demonstrate because they feel that the conventional mechanism is no longer effective in giving voice to their aspirations, and because they hope the government will translate their aspirations into policies," he said.

One of the failed "conventional mechanisms", Afan said, is the House of Representatives, which no longer has the trust of students and activists of non-governmental organizations (NGOs) to handle their grievances.

Afan said he agreed that demonstrations should be regulated to the extent that, "people know what they may and may not do", but not to the point of forcing people seek permission to demonstrate.

"Institutions authorized to issue permission to demonstrate are not needed because of the people's poor education and awareness about such legal procedures," he said.

"Do people have to seek permission to demonstrate when their land is arbitrarily appropriated, or their houses demolished even when legal procedures are not duly fulfilled?" Afan said.

Outspoken Bintang Pamungkas lashed out at the government's handling of student protests. In his opinion, the government's approach was a product of its fear that the "people's power", which had brought the current administration into being in 1966, would now rise against it.

"This New Order government was born out of student and youth demonstrations against the (then) administration which they considered authoritarian," he said. Now, the current administration is "traumatized" and afraid that history will repeat itself, he said.

"The government is allergic to various demonstrations," he said, adding that this attitude was the reason behind the arrest of many students and youths.

The government "bans demonstrations on the grounds that they may cause instability, may be destructive, and that they could be infiltrated by communist elements," Bintang said.

Eky Syachrudin was in agreement with Afan, saying that for many of the protesters, taking to the streets is a "forced option, which they would not take if everything was well".

He said the only things that can decrease the occurrences of street protests are "more openness and discussion" between various layers of society.

Mulyana Kusumah pointed out that the number of labor strikes in the last seven years has been increasing. He said the trend proves that people are developing their own way of articulating their grievances because they are dissatisfied with the "inadequate functions of the existing political institutions".

The three-day seminar is being held by the Nasional University (Unas) whose students are frequently involved in protests for various causes.

Representatives of student bodies from 12 universities in Java are participating in the seminar which was opened by Soetoyo N.K., Director General for Social Political Affairs of the Ministry of Home Affairs.

Soetoyo, who stood in the place of Minister Moch. Yogie S. M., said that there have been many demonstrations held in various parts of Indonesia recently. These events either took the form of strikes or distribution of leaflets, accompanied by violence, which in turn led to chaos, disorder and even death."

He reminded the participants that demonstrations are normal and may take place in any society regardless of its political system.

In order to prevent the negative impact of those demonstrations, "it is time for the establishment of regulations on holding demonstrations", he said.

He listed off a number of obligations that protesters have, including "adhering to the existing laws and regulations" and "respecting other people's property".(swe)