Constitution and Sustainable Development

CONSTITUTIONAL APPROACH TO DEVELOPMENT
Pan Mohamad Faiz, New Delhi

Note: This article was published in The Jakarta Post (18/02/200

According to the Human Development Report 2007, launched by the United Nation Development Program, the Human Development Index (HDI) for Indonesia is 0.728, giving the country a ranking of 107th out of 177 countries, and 7th among the Southeast Asian countries.

The most significant reason for this situation is the drawbacks caused by sustainable development in Indonesia. Some people strongly believe that raising the challenge of sustainable development can help the Indonesian policy debate go forward in a better direction.

At the heart of the problem is how to deal with promoting the sustainable development of Indonesia. One of the best approaches can be viewed from the perspective of human rights protection for the people.Basically, sustainable development encompasses three pillars based on environmental, economic, and social values that are interdependent and mutually reinforce human rights. Between sustainable development and human rights there is an inseparable relationship and a respect for human rights that has been recognized as a prerequisite for development.For instance, the ability to participate in sustainable development is hindered when fundamental human rights are threatened by a lack of food, health, education, shelter, freedom of expression and the right to political participation. In other words, without respect for human rights, the ability of people to move toward a sustainable future will be hindered.Furthermore, development is unsustainable where the rules of law and equity do not exist; where ethnic, religious or sexual discrimination is rampant; where there are restrictions on free speech, free association, and on the media; or where large numbers of people live in abject and degrading poverty.Human rights, based on respect for the dignity and worth of all human beings, are usually rooted in the country’s constitutional and legal framework.The legal system of Indonesia is based on the idea of the supremacy of the Constitution, whereby the Constitution is given the highest authority. Implementing the essential rights and freedoms for human dignity, as proclaimed in the Universal Declaration of Human Rights of 1948, creates a common standard of achievement for all people and all nations.The Constitution of Indonesia has clearly provided similar provisions under Chapter XA on the fundamental rights of citizens. The protection of human rights, guaranteed by the 1945 Constitution, therefore becomes imperative as a prerequisite for development. According to the Legal Aid Institution’s (Jakarta) annual report, in 2007 it received 1,140 complaints on human rights violations with the number of victims roughly at 20,837.Then the question arises, what mechanism can protect human rights as constitutional rights of citizens? According to Danie Bran, the best way to deal with human rights protection is to challenge the state and constitutional issues throughout the courts.In recent history, the concept of a constitutional adjudication has become a consistent feature of democratic governance, particularly in Europe. At present, however, this no longer applies only to Europe. After the amendment of the 1945 Constitution, Indonesia established a Constitutional Court in response to the demand for a strengthening of checks and balances in the system of state administration.

Its responsibilities are stated in Article 24C of the 1945 Constitution, namely: reviewing laws against the Constitution, determining disputes over the authorities of state institutions whose power is given by the Constitution, deciding on the dissolution of political parties, deciding on disputes on the results of a general election, and an obligation to decide in cases regarding the impeachment of the president and/or the vice President.

In the context of human rights protection, the power of constitutional adjudication by reviewing laws against the Constitution, known as a “Constitutional Review”, is the core of the jurisdiction of the Constitutional Court.

As of late 2007, barely three years after its establishment, the Constitutional Court had decided on 33 out of 133 cases of constitutional review, with the verdict that the laws reviewed were unconstitutional. Most of these cases violated the human rights guaranteed under the Constitution.

Nonetheless, the constitutional review system is confined to the review of laws. Consequently, all government actions and government regulations believed to violate the provisions on human rights contained in the Constitution cannot be reviewed comprehensively either by the Constitutional Court or the Supreme Court.

In order to strengthen sustainable development in Indonesia by promoting human rights protection, the constitutional review system should be reformed. Using the comparative studies analysis, however, we can learn and find possibilities to adopt features from constitutional review systems in Germany and Korea, since their systems are comparable with Indonesia’s.

Some recommendations that can be addressed from those countries are:

First, the constitutional review system should be allowed to review the constitutionality of all type of legislation.

Second, constitutional complaints can be lodged by an individual toward their constitutional rights.

Using two additional systems of constitutional review already mentioned, we can promote the human rights protection of the people as the basic foundation of sustainable development in Indonesia.

* Pan Mohamad Faiz is a postgraduate student in comparative constitutional law at the University of Delhi. He can be reached at http://faizlawjournal.blogspot.com/.

Picture Note: The PPI-India Umbrella Dancers took a picture after performing in International Student Festival in New Delhi. 

GENERAL INSTRUCTIONS TO APPLICANTS

GENERAL INSTRUCTIONS TO APPLICANTS
(ICCR SCHOLARSHIPS)

1) Five complete sets of application forms are to be submitted to the Indian Mission.

2) Candidate should clearly mention the course and University to which he/she is seeking admission. The applicants are advised to go through the “University Handbook” available with our Mission before giving these details.ICCR would not be able to entertain a subsequent change in course of study or University once admission of a scholar is confirmed and the scholar has arrived to join the course.3) Certified copies of all documents should be accompanied with English translations. A syllabus of the last qualifying examination should be enclosed with the application.NOTE:a) Students applying for doctoral/post-doctoral courses or architecture should include a synopsis of the proposed area of research.b) Students wishing to study performing arts should, if possible, enclose Video/audio cassettes of their recorded performances.

4) Candidates must have adequate knowledge of English.

5) ICCR will not entertain applications which are sent to ICCR directly by the students or which are sent by local Embassy/High Commissions in New Delhi.

6) Priority will be given to students who have never studied in India before.

7) No application will be accepted for admission to courses in medicine or dentistry

8. Candidates may note that Indian universities/educational institutions are autonomous and independent and hence have their own eligibility criteria. Forwarding of applications is thus not a guarantee of admission. A scholarship is awarded only when admission is confirmed by ICCR.

9) Student must carry a proper visa. Scholars for structured undergraduate and postgraduate courses should carry full term “Student Visas” while for Ph. D. students “Research Visas” for a specific period of 4-5 years is required. Students should ensure that they get the correct visa from the Indian Embassy/High Commission. Govt. of India guidelines stipulate that if a scholar arrives without proper visa and his actual admission at the University/Institute does not materialize, he/she will be deported to his/her country.

In the case of students who require Research Visas, an (additional application for the Research Visa has to be filled and submitted in six copies along with six photographs & synopsis. Applicants may note that clearance of Research Visa can take as long as six to eight months.

10. Before departing for India the scholars should seek a full briefing from the Indian Diplomatic Mission in their country about living conditions in India/the details of scholarship/the type and duration of the course to which he/she is admitted. Scholars should inform the Indian Embassy/High Commission of their travel schedule well in advance so that ICCR can make reception and other arrangements for them.

11) Hostel accommodation is not guaranteed and is an exception rather than an assured facility. The accommodation allowance that ICCR gives, allows 2 to 3 students to “chum up”, and share a small flat.

12) Scholars are advised to carry some money to meet some incidental expenditure on arrival.

13) All intending candidates should in their own interest obtain a certificate that they are free from AIDS prior to their departure for India. Even in India, the applicant would have to go for AIDS test before the admission is finally given to overseas scholars. In case any of the nominees is found to be HIV positive in India the scholar will be repatriated immediately and the Council would not bear any expenses on this account.

14) The scholars who are awarded scholarships should bring with them all documents relating to their qualifications in original for verification by the respective college/ university at the time of admissions.

15) This application form contains a ‘tear-out’ sheet at Appendix- 7 titled “Joining Report of the Scholar”. This form should not be submitted along with the main application. Instead, the ‘Joining Report’ form should be removed and submitted to ICCR by the scholar in the event the scholar has been granted scholarship and only after the scholar has joined an educational institute in India. This form should be submitted with the required stamp & signature of the Institute authorities.

16) For information not available in the “Universities Handbook” or from the Indian Missions abroad, applicants are welcome to contact the “ISO Division” at any of the following telephone/e-mail address :-

1. Senior Programme Director (SW) 3379158

2. Programme Director (ISD-I) 3379226

3. Programme Director (ISD-II) 3378079

4. Programme Officer’s (ISD-I & II) 3370784

e-mail: 1. Spdsw@netkracker.com
2. iccr@vsnl.com

Source: http://www.moe.gov.mv/eng/departments/dhet/iccr_instr.htm

Picture: Members of PPI-India in front of “Waroeng Mpok” PPI.