E/CN.4/2000/16
page 8
16.
As regards legislative measures, Act No. 7711 on the elimination of racial discrimination
in educational curricula and in the mass media was adopted on 8 October 1997. Article 371 of
the Penal Code punishes the practice of racial discrimination in employment in the public and
private sectors.
17.
As regards means of prevention of discrimination, a state body is responsible for
censoring any propaganda affecting a person’s dignity or human rights. Police action via
Internet is possible provided that a judge has ordered the communications to be tapped, and
guarantees that higher considerations render the violation of individual privacy legitimate.
18.
It may be further noted that, as part of the work performed by the constitutional
jurisdiction and the Office of the Ombudsman, constant care is taken to ensure that action by the
State does not for any unfounded motive affect the principles of equality and non-discrimination.
Constitutional case law and the decisions of the Office of the Ombudsman show that equality
before the law exists as a matter of principle.
D. Indonesia
19.
The Special Rapporteur has received the conclusions and recommendations of the
commission established by the Government of Indonesia to investigate the 1998 riots which
provoked acts of violence mainly against the Chinese minority (see E/CN.4/1999/15, paras. 9
and 113-126). Although the commission confirmed that the majority of the victims were from
the Chinese minority, it did not attribute the behaviour of the rioters to racist motives. The riots
appeared to have been set off by the conjunction of two factors, namely the effort by the political
elites to hold on to power and the deterioration of Indonesia’s economic and monetary situation.
20.
The commission has named a number of persons of the highest ranks in the security and
armed forces as being responsible for the riot, but considers it difficult to gather evidence against
the persons directly guilty of rape and sexual violence. It has, inter alia, recommended that the
victims and/or their families should receive compensation. The Special Rapporteur hopes that
this recommendation will be followed up; he invites the Indonesian Government to report on its
implementation.
E. Iraq
21.
The Government of Iraq indicates that no incidents involving racism, racial
discrimination or xenophobia has been recorded in its territory. Its combat against racial
discrimination is founded on solid constitutional bases underpinned by the principle of full
observance of the civil, political, economic and cultural rights of all the minorities which go to
make up Iraqi society: Kurds, Turkomans, Assyrian Syriacs, Chaldeans and others. Legislation
in Iraq guarantees minorities free exercise of their rights in a context of observance of basic
principles; the first of these is to achieve equality and non-discrimination among citizens,
whatever their national origins or their religious or linguistic affiliations, and not to favour any
one group over the others; the second principle is to respect Iraq’s sovereignty, the unity of its
people and its territorial integrity.