Dialogue with Ester Jusuf
by: Sunny Tanuwidjaja

Ester Jusuf is a prominent Human Rights activist. She won the Yap Thiam Hien award in 2001 for her work in fighting discrimination in Indonesia. She was also a member of the National Commission of Human Rights. Currently she is the chair person of Solidaritas Nusa Bangsa, an NGO working in promoting Human Rights in Indonesia.

Note: The opinions reflected in this interview is solely the interviewee's and do not necessarily represent FICA Cross Point's.

Note: race and ethnic in this interview are used interchangeably.

What do you think “Human Right(s)” is? What are its essences, and why does it exist?
Human right exists when he/she is formed in the womb of the mother, which is when the sperm and the ovum met. Since then, human has “Human Right(s)”, the basic rights owned because of his dignity as human being. That “Human Right(s)” are attached to every person and thus cannot be taken from him/her.

Initially, what considered “Human Right(s)” was the right to live. However, in its development, the idea of “Human Right(s)” expands. Now, the idea of “Human Right(s)” includes the right for good economic condition, free from fear, feeling of safety, health, indiscriminate treatment, etc. Its extensive meaning has created conflict of understanding, for example: the Western “Human Right(s)” vs. the Eastern “Human Rights”. Also, there are conflicts between human beings in defending their “Human Right(s)”, for example “Human Right(s)” of a baby in a womb versus the mother of the baby, both have the basic fundamental rights attached to them.

From the current Chinese ethnic symbols (barongsai, imlek, etc.) it seems that ethnic conflict is no longer a problem. However, are there still psychological tensions and how deep if it still exists?
It is true that there have been many changes after 1998. The government and many others seem to compete with each other to show their concerns and attentions to the Chinese. Some deliberately open their organizations for the Chinese to join, some are holding barongsai festivals, some in their speeches openly promise many things for the Chinese, etc. We can view these changes as positive development; at least there is a sense of awareness and consciousness on ethnic equality. People are reluctant and ashamed to act discriminatively. However, this does not solve the problem. Prejudice and ethnic hatred are still attached in many people and this has become a time bomb for the next ethnic violence.

In your struggle fighting discrimination, what are the challenges you have faced and are facing?
One dimension of “Human Right(s)” is freedom from racial discrimination. Racial discrimination is every form of favoritisms based on race or ethnicity. Until now the Indonesian government still implements a discriminative law, which differentiates citizens based on race or ethnicity. We can easily find tenths of positive law that discriminate people based on their race or ethnicity. There are a lot of laws that are not implemented, but they are also not abolished. They become positive laws that can be implemented anytime, for example the law of assimilation. This law is not abolished yet but it is also not considered to exist. This is not a healthy condition of laws.

Laws can bring enormous impacts in changing the mindset of the society, determining which values are right, good, and ideal. Laws that regulate that certain hours on Sudirman Avenues are “three in one” period. Only cars with three or more passengers should pass there. This becomes a new value system. If there were cars with less than three people pass by, sanctions will be applied because the car is said to have violated the rules. Even if there are cars that can avoid the police watch, others that see will consider them as violators of the law and destroying the existing value system.

This is the same case as the assimilation law. If we examine carefully, the basic idea of the assimilation law is the identity change of the Chinese in Indonesia: change their name to Indonesian name, change their Confucian religion (ideally to Islam), forget their Chinese cultures, married with people from other ethnics or races, not using their Chinese language, etc. This is the ideal picture of the assimilation law. The expectation is that in the next generation of Indonesian is like a hot sweet tea, which it is impossible to differentiate and separate the tea, sugar, and hot water. The ideal Indonesian is the one with a light brown skin, curly hear, and slant-eyed (the combination of Malay, Papuan, and Chinese). This ideal is good but has negative implications in the formation of the value system of the Indonesian society. A Chinese who chooses not to marry with a person with different ethnic, or chooses to mingle only with people from the same ethnic groups, or uses Chinese language, is consider not good. Furthermore, in many areas, the Chinese are not accepted, and many are not trusted because they do not assimilate, not ideal, not good.

Ethnic discrimination in Indonesia is structurally formed and sustained in the culture of the society. Structurally we can find discriminative laws. Culturally, our society tends to be discriminative, idolize their own ethnic and have negative prejudice towards other ethnicities. Racial prejudice is not directed only towards the Chinese. Racial violence or individual conflicts occur often between different ethnics. Terrifying notes on the killings of the Madurese and Ambonese show the seriousness the racial discrimination really is. It is still hard for members of society to differentiate between individual and ethnic group mistakes and errs. Ethnic prejudice which has been built tens or even hundreds of years has become deeply rooted and it is hard to eliminate that mindset.

What is the government attitude towards past human rights abuses?
There is a dualism in the attitude of the Indonesian government towards past “heavy” human rights abuses. Some in the current government want changes, while there are some still want to maintain past pattern of power and networks. They try very hard to protect each other and cover up old “Human Right(s)” abuses.

A clear example is the racial violence towards the Chinese in May 1998. Until today, the office of the Indonesian Attorney General does not want to take the case to the court. When the National Commission of Human Rights (KOMNAS HAM) did the investigation for the case, the Attorney General Office gave administrative support. They helped provide the letters to summon expert witnesses for the May 1998 case. When the investigation team from the KOMNAS HAM got an audience with the office of the Attorney General, one of the prosecutors from the Attorney General Office ask the KOMNAS HAM team to be patient and said that “We know whom we are dealing with”. After the investigation was finished and the KOMNAS HAM found that there were heavy “Human Rights” violations in the racial violence in May 1998, the Office of Attorney General changed their initial attitude. They repeatedly returned the submitted report of the case to the KOMNAS with multiple reasons. In one of the meetings with the victims, the Attorney General Office said that the evidence was not sufficient. The victims and the Non Governmental Organizations who helped investigating this case were asked to provide witnesses who saw Wiranto gave out orders that violated “Human Right(s)” in the May 1998 event. A very odd request because finding witnesses or proving who is guilty in a criminal case is the duty of the prosecutors, not the job of victims or NGOs. At the end, after they had no excuses left, the representative of the Attorney General Office said that they would bring the case to court only if they get recommendations from the parliament that this case is a heavy “Human Rights” violation that must be brought to court.

In the investigation process, many government institutions were uncooperative. The Military and Police bluntly refused to give out any data or testimony regarding the case. They even did not allow their members to be questioned by and to testify at the KOMNAS HAM. The Jakarta government also acted the same way. Sutiyoso, the Jakarta Governor, refused to testify without the recommendation from the Parliament. The same attitude was also found at the Judicial and Human Rights Ministry. They chose not to release all the documents of the investigations of the case. Also, there have not been any concrete steps from the Parliament. It seems that the road to justice is still a long one.

In general, the government attempts to direct the past “Human Right(s)” abuses to be reconciled or forgotten. There have been laws about reconciliation; a very weak law that protects past “Human Rights” abusers. There are also efforts to establish an attitude that prioritize a bright future, economic development, security stability, etc, instead of pursuing the past. Until today, for people who are still trying to investigate past “Human Rights” abuses or want to testify, they will face terror or violence that threaten their lives.

What can the Indonesian Chinese do to participate in fighting the racial/ethnic problems in Indonesia?
This issue (racial/ethnic discrimination) relates to the political structure of the country and the discriminative culture of the society. Thus, the solution of the problems must touch the two dimensions. Structural changes must begin with law: making Anti-Discrimination Law and Citizenship Law that are indiscriminative. Ideally, the Indonesian Chinese must also be involved in the parliament or government institutions. It is true that although the above happens, there is no guarantee that he or she will fight discrimination. Most of the time however many of them choose the safer ways; making statements that there are no discriminations. What is truly needed in the key positions is that individuals who are clearly dedicated and have clear commitment. Can individuals with other ethnic backgrounds hold this position? Sure, because commitment and dedication do not depend on one's ethnicity. However, if the Chinese people are involved in these positions, they would know and understand better because they have experience the struggle of discrimination. They can also be an example for other Chinese to understand that it is possible for them to make a difference and they have to fight for their fates.

What encourages and sustains you the most in facing hard times and failures?
Many times I faced hard times and failures in my works. I found many dead ends, closed doors in my humanity works, and also uncertain and dangerous situations. In those situations I cannot do anything besides surrendering to God and wait for His time and guidance. God's way is hard to understand and always makes us small and awe at the end.

I remember the experience in forming the investigation team for the May 1998 case. Initially, thousands of people, tens of organizations supported the investigation of the case. However, as the government cleverly elongate time and play different strategies to avoid dealing with the case, people began to drop their support. In 2002, it was hard to find people who wanted to go to KOMNAS HAM to demand further investigation of the case. There were less then twenty people who can come, and that only for a quick visit. The press was not there to cover the story. I felt that I have failed. The mothers of the victims came and brought their children's picture, and showed the members of the KOMNAS HAM the pictures and asked for them to care. I know that there are a lot of KOMNAS HAM members that are immune to tears and the hardship of the people. They have seen those many times. Let alone, the May 1998 case have been brought many times to the KOMNAS HAM. A year ago, one the KOMNAS HAM members even chided the victims and asked to be silent. Some of the members acted cynically and left the rest of the victims. However, in this situation, KOMNAS HAM decided to form another team to investigate this case. I felt so ashamed. I do not know how many prayers I have prayed for this case, and while waiting I felt so discouraged and did not believe that God will answer my prayers and others.

I learned to realize that I am only a tool in His hands. I do not have any ability if God does not enable me. This learning process is not easy. I am an active person and always want to do many things. I have come up with many excellent ideas and felt that those excellent ideas must be pursued. My heart feels uneasy with the surroundings, sad looking at the victims of violence, angry and impatient waiting for justice to come. Nevertheless, I have to learn to keep listening to His voice. In hard times, realizing that I have a God and I am only His tool is very helpful to hang on and be thankful.

What are the things we need to prepare here in the US to be able to effectively participate in bringing transformation in Indonesia?
In my opinion, God gives each of us special callings. He equips each of us with special talents. All are useful. If we try to picture the discrimination problem, many can be done to make a difference. For example:

1. How can we develop a curriculum in education that teaches the values of humanity, and appreciation towards other ethnic and religious groups?
2. How can we contribute in changing the racial prejudice mindset among the farmers, labors, fishermen, traders, drivers, etc?
3. How can we develop a wage system, facility provision, and career path development that are not based on ethnic or racial favoritism?
4. How can we deal with racist advertisement?

God can use us wherever we are. We only need to be sensitive to His will and guidance. When we fully obey Him, that's when His work begins to unfold in our lives and our society.