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Vested interests mar amendment of Constitution: NGO coalition

Source
Jakarta Post - February 28, 2002

Kurniawan Hari, Jakarta – Activists from various non-governmental organizations (NGOs) renewed on Wednesday their demand for an independent constitutional commission in place of the People's Consultative Assembly (MPR) which they deemed incapable of amending the 1945 Constitution in accordance with democratic reforms.

They claimed that amending the Constitution, which was done three times recently, had failed to accommodate people's aspirations, as it was only in the interest of the politicians.

The criticisms were aired at a hearing between the Coalition of NGOs for a New Constitution and the Assembly's ad hoc committee in charge of constitutional amendments.

"The MPR has amended the constitution three times, but the process was full of shortcomings. Therefore, we are pushing for the next amendment to be different," said legal advocate Bambang Widjojanto. The MPR made amendments to the Constitution in October 1999, August 2000 and last October.

Bambang said an independent commission, if given the job to formulate the amendment, would be better suited as they would be free from ulterior motives. The coalition aired similar demands last October, but MPR turned a deaf ear. Underscoring his criticism, Bambang added that the whole process in the previous amendments lacked a frame of reference, which had resulted in less than effective changes.

Also present at the hearing were Smita Notosusanto and Hadar Gumay of the Centre for Electoral Reform (Cetro), Munir of the Indonesian Legal Aid Foundation (YLBHI), Teten Masduki of Indonesian Corruption Watch (ICW), Sandra Moniaga of Huma and several other activists.

The hearing was part of series of meetings started in early February. It was part of the ad hoc committee's efforts to seek public input to appease citizens who are wary of back-room political deals influencing the process rather than a long-term viable amendment consistent with the reform agenda begun in 1998.

After the hearing, the 45-strong ad hoc team will present their views, but the final decision rests solely with the Assembly. The ad hoc committee will have to finish the amendment process in August, when the Assembly legislators convene for the Annual Session. The committee is amending at least seven articles, including a crucial article on religious issues.

J.E. Sahetapy, a scholar turned politician, said the criticism reflected the thoughts of intellectuals. "I will appeal to my fellow politicians to follow up on the ideas the activists have submitted," said Sahetapy a member of the ad hoc committee representing the Indonesian Democratic Party of Struggle.

In the last three phases of the process, the ad hoc committee will set up a forum of consultation with a team of experts before putting the final touches on the amended articles.

Many have suspected that the team of experts comprised figures who have close links to political parties and may not therefore be totally objective.

Sahetapy shared his concerns on the quality of the discussion taking place in the consultation meetings with the experts. "Well, it was more or less like a chat in a cafe," he told The Jakarta Post.

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