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Civil liberties under threat

Source
Jakarta Post - March 10, 2006

Charles Honoris, Tokyo – The proposed pornography bill has created a nationwide controversy. Several interpretations of the bill suggest that the article outlawing women from showing "sensual parts" could result in banning women from wearing swimsuits or bikinis – or even the kebaya. Even more difficult will be to define what constitutes an "erotic dance".

Rhoma Irama certainly thinks that Inul Daratista's dance is erotic, and others may even find the traditional poco-poco dance to be so too.

If enacted, the government will be imposing particular religious values on society, and ignoring the diversity of the Indonesian people. Many have claimed that the bill is not an attempt to implement sharia law, but instead to protect women and save Indonesia from further moral degradation. This is clearly not true, however, as the bill's main supporters are conservative Muslim groups intent on using it to push their own religious agenda.

It is also clear that there have been constant attempts by conservative religious groups to insert sharia law into national laws and government regulations. West Sumatra's legislative council, for example, recently endorsed a regulation which bans women from traveling alone without their husbands after 9 p.m. The Indonesian Muslim Council's Edict Commission chief, Ma'ruf Amin, has voiced his support for Tangerang city's regulation preventing women from going out at night. "That's the way it should be. We have to defend the nation's morality," he said.

To protect women?

Instead of protecting women, the pornography bill will be catastrophic to the lives of many Indonesian women. Women may have to spend years in prison or pay harsh fines for wearing a tanktop or dancing to dangdut music.

In Saudi Arabia, where women are covered from head to toe in public and not even allowed to drive a car, there are constant reports of sex crimes. We frequently hear of Indonesian and other migrant maids being raped and sexually abused by their employers. In Afghanistan, young boys are often targets of rape by older men, and the Afghan government has banned children from areas near military bases in an attempt to stop the problem.

On the other hand, countries that are very liberal on sexual issues, such as Japan and Western European nations, have lower rates of sex crimes.

The bill, if enacted, will curtail many of our civil liberties. It will allow the government to impose a morality defined by certain groups. The government will be allowed to meddle in the private life of the individual. It is also contrary to the spirit of two UN conventions ratified recently by the government: The UN Covenant on Civil and Political Rights and the UN Covenant on Social and Economic Rights.

More importantly, the bill is in clear violation of the foundation of this nation: The Indonesian Constitution, which ensures freedom of expression, freedom to develop in the field of arts, and the protection of traditional cultures.

Balinese leaders have strongly rejected the pornography bill. Imagine the effect on the Balinese tourism industry if tourists were barred from sunbathing on the beaches. One Balinese leader even threatened Balinese independence if the bill was enacted. If that happens, radical groups may react the way they did in Ambon, by sending die-hard militants.

More violence may follow the ratification of the pornography bill. Fundamentalist groups may use the law to justify destroying objects and harassing people they deem "indecent".

The pornography bill can be seen as a form of Arabization. It is not, as claimed by supporters, an attempt to restore Indonesian and Eastern values.

Balinese culture has for centuries depicted nudity as something very natural. The kebaya has been part of Javanese culture for many years, and has co-existed with Islam in Java.

By enacting the pornography bill, Indonesia is gradually becoming what Newsweek editor Fareed Zakaria calls an "illiberal democracy". While democratic institutions may exist, the people are deprived of many of their civil liberties. So, what will be next? No driving for women?

[The writer is a student of political science and law at the International Christian University, Tokyo.]

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