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4 - No More Discrimination Against the Chinese
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- By Frans H. Winarta, Leading Human Rights Lawyer, Jakarta
- Edited by Leo Suryadinata
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- Book:
- Ethnic Chinese in Contemporary Indonesia
- Published by:
- ISEAS–Yusof Ishak Institute
- Published online:
- 21 October 2015
- Print publication:
- 28 October 2008, pp 57-74
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- Chapter
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Summary
THE HISTORY OF DISCRIMINATION AGAINST THE CHINESE
The Dutch Government Era
Indonesia did not have regulations of citizenship during the Dutch colonization period that started with the establishment of the old Dutch Association of East Indies Company (Vereenigde Oostindische Compagnie or VOC) in 1815. The population then was not classified into “indigenous people” and “foreigners”, but according to physical appearances and other criteria such as status, for example, a VOC official (compagniesdienaren), a freeman, or a slave. Another classification was based on religion such as “Christian” (christenen) or “non-Christian” (onchristenen blinde heidenen). The race or ethnicity of a person was acknowledged, but without distinctions made, for example, a Chinese was entitled to declare himself a Chinese at that time.
This segregation policy started when the government of the Netherlands-Indies took over the colony from the VOC. The segregation problem and its negative consequences which are being seen nowadays are due to the “divide and conquer” policy inherited from the Netherlands-Indies that was effected through the issuance of the 163 Netherlands-Indies State Regulation (Indische Staatsregelling), dated 2 September 1854, Ned. S. 154–2, S. 1855–2 jo. 1, which segregated the population into three groups: (1) Europeans; (2) Foreign Orientals such as the Chinese, Indians, Arabs; and (3) the indigenous. The segregation policy was also found in Civil Registration, such as State Regulation 1849–25 of year 1849, regarding Civil Registration for Europeans; State Regulation 1917–130 of year 1917, regarding Civil Registration for Chinese Foreign Easterners; State Regulation 1920 751 of year 1920 concerning Civil Registration for Muslim Indigenous People; and State Regulation 1933–75 of year 1933 on Civil Registration for Christian Indigenous People.
This segregation policy was introduced by the Netherlands-Indies Government, which gave the Europeans the highest status and distinguished rights to the best facilities in society. The Chinese were recognized at that time as Foreign Orientals (vreemde oosterlingen) who were inferior to the Europeans. The Indigenous People (inlander) were given the lowest status, with the exception of the royal family who shared the same status as the Europeans. Such segregation aligned with the “divide and conquer” policy of the Netherlands-Indies Government.
The Netherlands-Indies Government believed that they would be threatened if the indigenous people joined the Chinese to oppose the government. Thus, the population was segregated into three groups, each differing in role and economic conditions.
4 - Racial Discrimination in the Indonesian Legal System: Ethnic Chinese and Nation-Building
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- By Frans H. Winarta, International Bar Association Human Rights Institute
- Edited by Leo Suryadinata
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- Book:
- Ethnic Relations and Nation-Building in Southeast Asia
- Published by:
- ISEAS–Yusof Ishak Institute
- Published online:
- 21 October 2015
- Print publication:
- 16 April 2004, pp 66-81
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- Chapter
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Summary
Racial discrimination against the ethnic Chinese manifested itself in colonial laws. These laws in different forms continued to be upheld after Indonesia's independence and impeded national unity in Indonesia. This chapter examines the legal position of the Chinese in Indonesia since the Dutch colonial era with special reference to some of these laws made during the New Order regime. It also discusses these laws in the context of international laws against racial discrimination and ends with some suggestions to resolve the issues which affect nation-building.
The Legal Position of the Ethnic Chinese in Indonesia
The ethnic Chinese, constituting about 3 per cent of the population, have been in Indonesia for centuries. They were treated as a racial group different from other populations in Indonesia. During the colonial time they were perceived as harmful towards the indigenous population by the Dutch, and after Indonesia's independence, they were perceived to dominate Indonesia's economy by many indigenous Indonesians. In fact, they have been discriminated against since the colonial period.
Racial discrimination against the ethnic Chinese in Indonesia has been considered a given. The colonial administration segregated the migrant Chinese community and perpetuated the racial prejudice against them. Ethnic Chinese have been recognized as part of Indonesian society since the Dutch colonial era. Article 163 of IS (Indische Staatsregeling Wet van 2 September 1854, Ned. S. 1854-2, S. 1855-2 jo.1) stated that Indonesia consisted of three groups of people, namely (1) European people; (2) foreign Orientals (including the Chinese, Indian, and Arab); and (3) indigenous people.
However, racial division can be a form of racial discrimination. The Chinese appeared to have been singled out in such discrimination. This was the intention of the Dutch colonial rulers, through this divide and rule practice between indigenous people and the ethnic Chinese. The prejudices about the two “racial groups” were perpetuated. The ethnic Chinese were described by the indigenous people as being a very cagey community, selfish and exclusive, while the indigenous people were regarded by the ethnic Chinese as an inferior group who were hostile to the ethnic Chinese, and could not be trusted. This ethnic and racial division was maintained until the New Order government of Soeharto, as were the prejudices.