The
right to life and Indonesian nationalism
Ririn Sefsani and Timo Duile ; Ririn
Sefsani works for the Partnership for Governance Reform and is engaged in
voluntary supporter campaigns for Jokowi (Seknas Jokowi); Timo Duile is a
lecturer at the Department of Southeast Asian Studies at the University of
Bonn, Germany
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JAKARTA POST, 22 Mei 2015
When
officials and Islamic organizations in Indonesia commented on the Charlie
Hebdo massacre, one could hardly find a statement that criticized only the
terrorists. A statement on the issue seemed to be incomplete without
condemning the cartoonists for their profane caricatures. The magazine is
published in France and many Indonesians believe that there should be global
standards for the ethics of satire.
The
Muhammadiyah Muslim organization has urged the UN through the Indonesian
government to develop a respective code of conduct. The right to not be
insulted by caricatures is seen as a universal human right.
With the
executions of the Bali Nine duo and others, the very same people were
completely contradictory. Instead of defending the universally recognized
right to life, they emphasize national sovereignty and the particular ethical
conduct of a country. Indonesia, in their point of view, did not have to
comply with international human rights in that case, nor did it have to
negotiate with other countries.
The
death penalty is perceived as an expression of national sovereignty. National
sovereignty here means the sovereignty of Indonesian laws over international
human rights. This nationalist perception leads to a legal positivism that
outweighs universal human rights.
First
president Sukarno’s demand for political sovereignty, economic
self-sufficiency and cultural independence is still an ideal of political
currents in Indonesia across the board, from right-wing military figures to
leftist activists.
But as a
part of the global community, Indonesia could benefit from the exchange of
ideas and international cooperation, and many are not aware that this is
already the case: The Bali Nine drug smugglers would never have been caught
without the help of and cooperation with Australian authorities.
Unfortunately, Indonesia cannot expect that kind of support any more as
Western countries usually refuse to cooperate with countries that have the
death penalty.
Indonesia
might be an archipelago, but there are almost no unidentified remote islands
on the map of the UN any more. When Indonesian officials and civil
organizations call for the universal recognition of the dignity of faith,
they also should listen to those in favor of universal human rights. Universal
values are not recognized as a priori by all cultures, but recognition
requires a process of negotiation and exchange of ideas and arguments.
There
are many ways to justify the right to life. It can be justified by referring
to holy books; it can be justified by referring to human dignity or to
natural law. Indonesia should not isolate itself from the discussion about
human rights or contrast human rights to national sovereignty.
Apart
from the right to live, mercy is also common and acknowledged in almost every
culture, so why should it not play a more important role in Indonesia’s legal
system? What prompted many Australians to demand the right to life for
Australian inmates on death row were news reports about Kerobokan prison in
Denpasar, Bali.
The
international community saw the two Australian prison inmates convincingly
regretting their crime and engaging in rehabilitation activities. They saw
desperate relatives begging for mercy. It was almost impossible not to feel
empathy for the men on death row and their relatives.
Despite
the fact that some Indonesians accused Australia of defending drug
trafficking, the war against drugs is also not the aim of just one country,
but it is universally acknowledged that drugs are dangerous and selling and
consuming drugs should be prevented. Here, Indonesia also can work together
with other countries.
The
Indonesian government delayed the executions until after the recent 60th
commemoration of the Asian-African Conference. While the sovereignty of each country
was highlighted here, just as in the public discourse in Indonesia – and
perceived interference by other countries to protect their citizens on death
row were perceived as a rejection of Indonesia’s sovereignty – the spirit of
the 1955 conference was quite another case. The first principle in the 1955
declaration on the promotion of world peace and cooperation demanded respect
for fundamental human rights and the principles of the UN Charter, including,
of course, the right to life.
By
executing foreign citizens, international cooperation falls prey to
nationalism as a political tool for the national elite. Instead of dealing
with drug trafficking by implementing police reform to establish an effective
tool to fight drug production and trafficking, some drug traffickers are
seemingly executed as a political statement.
The
international community is not an archipelago of isolated islands even if
some nationalists might think so. The task of upholding universal rights is
much more difficult than claiming particular cultural values. Why not take
the right to life and mercy as universal values?
Australia
and European countries can learn from that value, too. Showing mercy for
refugees who are seeking a better life in Australia or in the European Union
is also necessary if governments advocate for mercy convincingly. It is time
to re-think our common base of values as a global community and overcome
nationalism. ●
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