The Jakarta Post, January 13, 2003
Megawati accused of rights abuse over arrest of activists
Fabiola Desy Unidjaja, The Jakarta Post, Jakarta
The recent arrests of several antigovernment protesters confirms President Megawati's
failure to promote human rights, which are guaranteed by the Constitution, activists
said on Saturday.
They said that the protesters burned an effigy of Megawati to express their
disappointment with her government, not to personally insult her.
Since taking office in July 2001, Megawati has often been accused of abusing the
Criminal Code for her political interests and silencing her critics with draconian
articles on insulting state symbols.
"The articles were created by Dutch colonial rulers to protect the queen, but they are
no longer relevant now that we have adopted articles on human rights in our
Constitution," former secretary-general of the National Commission on Human Rights
Asmara Nababan told The Jakarta Post.
"It can be considered that Megawati has violated human rights and the Constitution."
Article 28 e of the 1945 Constitution states that everyone is free to form an
organization, hold a gathering and express their opinion. The article also ensures
people's freedom to express their mind using means of their own choice.
Asmara underlined that all regulations had to comply with the Constitution and,
consequently, the articles used by the police to build cases against protesters should
be revoked.
The President has consistently expressed her irritation with student protests, which
often involve the burning of the national flag and effigies. She has repeatedly accused
the protesters of being discourteous.
In the wake of heightening mass protests against the government policy to increase
utility prices, the police have vowed to charge those who insult state symbols during
rallies.
Student protesters in the East Kalimantan capital, Samarinda, and in the Central
Sulawesi capital, Palu, will be charged with the offense.
Aceh woman student activist Raihana Diani is the latest protester to be convicted of
insulting the President when the Banda Aceh District Court sentenced her to six
months in jail last week for painting a red X on Megawati's picture during a rally in July
last year.
Another activist, Ifdhal Kasim from the Institute of Policy Research and Advocacy
(Elsam), said that the burning of effigies of the President or Vice President was not
aimed at personally disgracing the top state officials.
"The presidency is a public position and the burning simply symbolizes the public's
disappointment with the President," Ifdhal said.
Quoting the Constitution, he said expressing one's opinion was protected as long as it
did not falsely accuse or physically harm other people.
The rights activist further noted that in the past two years, the use of such articles by
the police to silence protesters had mounted.
"During the era of former presidents B.J. Habibie and Abdurrahman Wahid, those
articles were never used as it was against the spirit of reform," Ifdhal said.
Only in the administration of Megawati has the use of the articles recurred, reminding
people of the authoritarian era of former president Soeharto.
"What we need to do is to revoke those articles as it is also a legal fact that those
articles remain valid in our positive law," he underlined.
Amended 1945 Constitution, Article 28e
(1) Everyone is free to follow a particular religion and implement his/her beliefs,
choose a type of education, job, citizenship, place to stay inside the country or leave
the country, and is free to return.
(2) Everyone is free to choose a certain belief, express his/her opinion and to behave
in accordance with their own conscience.
(3) Everyone is free to form a union, hold a gathering and express his/her opinion.
All contents copyright © of The Jakarta Post.
|
