Jan 26, 2023 | FoRB, Opinion Articles
By Eva Kusuma Sundari.
We Indonesians like to take pride in the national motto of Bhinneka Tunggal Ika (unity in diversity). We like to boast that we are a nation of tolerant pluralists, especially at a time when intolerance and exclusivism are on the rise globally.
Yet President Joko “Jokowi” Widodo’s recent remarks about the importance of safeguarding freedom of religion and worship during a meeting of regional leaders are a timely reminder that Indonesia still has a long way to go on this front. Moreover, our country, as the current ASEAN chair and its biggest democracy should play a role in promoting human rights in the region, including freedom of religion and belief. And Indonesia should lead first by setting an example for other countries to follow.
“Religion and worship are guaranteed in our constitution,” Jokowi said during the opening of the National Coordination Meeting of Regional Heads and Regional Leaders Coordination Forums (FKPD) on Jan. 17. “This must be understood by the military district commander, the National Police chief, the regional police chief, the regional military commander, it must be understood by the Prosecutor’s Office and the Attorney General’s Office,” he added, sending a strong message to local administrations and other regional institutions to ensure people’s right to worship, regardless of their religion or belief, as mandated by Article 29 of the Constitution.
The issue of religious freedom at the regional level is a fraught one, as shown in various studies. PUSAD Paramadina researcher, Siswo Mulyartono, found at least 122 cases of local communities resisting the construction of houses of worship from 2015 to 2020, while human rights group Setara Institute recorded at least 573 disruptions to worship and places of worship across the country between 2007 and 2022.
What Jokowi failed to mention is the central government’s complicity in these violations of religious freedom. Many of these disturbances have occurred because intolerant actors feel empowered by a joint ministerial decree issued in 2006 that requires local resident approval for the construction of any new place of worship. All too often, this becomes an issue when minority religious communities look to build temples, churches or mosques in areas where residents are predominantly of another faith.
Even when the complicated technical and administrative requirements in the joint decree are satisfied, hardline groups often successfully block the construction of new houses of worship by citing the lack of some residents’ approval.
A case in point is the GKI Yasmin church in Bogor, West Java, whose construction permit was revoked in 2011 by the mayor under pressure from intolerant groups. In the end, even after the construction permit was upheld by the Constitutional Court, the church was relocated to a different site in 2021 after a 15-year legal fight.
Similarly, last year, a plan to build a church on land belonging to the Huria Kristen Batak Protestan (HKBP) in Cilegon, Banten, was also blocked by regional officials, despite the fact that the church had already gathered the names of 112 congregants and 70 local residents. To this day, Cilegon, home to over 7,000 Christians, remains without a church where its Christian population can attend religious services.
Those cases should remind the government that it is vital to ensure that the regulations are implemented on the ground in line with the Constitution. Another example is the mandatory hijab requirement in educational institutions, which is currently spreading in the country. This shows how neutral, or even positive, regulations can be twisted and wrongly implemented at the local level, resulting in massive violations of Indonesian women’s rights.
According to a recently published report from ASEAN Parliamentarians for Human Rights (APHR) titled Restricting Diversity: Mapping of Legislation of Freedom of Religion or Belief in Southeast Asia, Indonesia is not alone in restricting people’s rights to worship in the region. Similar problematic regulations exist in other ASEAN countries, such as Laos, Myanmar and Vietnam.
Government regulations and policies that hinder or prevent the fulfillment of citizens’ constitutional right to worship are contrary to the state’s human rights obligations under the International Covenant on Civil and Political Rights (ICCPR). As the UN Human Rights Committee emphasizes, “freedom to manifest religion or belief in worship … extends to … the establishment of places of worship.”
Jokowi’s words at the meeting of regional leaders, as well as earlier remarks from Jokowi acknowledging and expressing regret for 12 cases of past gross human rights violations, are a welcome step in the right direction. But the President’s days are numbered. If he is to fulfill the promises to uphold human rights made when he first ran for president, he needs to take concrete action now.
Immediate actions should include, at least, repealing the 2006 joint ministerial decree on the construction of houses of worship, and providing comprehensive training to officials down to the regional level on freedom of religion and belief in order to correctly implement policies on the ground.
By doing that, Indonesia would unequivocally demonstrate its leadership as ASEAN chair in promoting and protecting freedom of religion or belief. As stated in article 22 of the ASEAN Declaration of Human Rights: “Every person has the right to freedom of thought, conscience and religion. All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated.”
Eva Kusuma Sundari is a board member of ASEAN Parliamentarians for Human Rights (APHR), and a former member of the Indonesian House of Representatives.
This article first appeared in The Jakarta Post.
Nov 17, 2022 | FoRB, Reports
JAKARTA – Southeast Asian countries must do more to truly guarantee freedom of religion, protect minorities, and stop using “public order” and “harmony” as justifications for imposing unwarranted restrictions on this fundamental right, a new report from ASEAN Parliamentarians for Human Rights (APHR) found.
“This report shows that many laws that inhibit, restrict, and repress religious freedoms remain on the books and are implemented throughout Southeast Asia. This report is a reminder that, despite all achievements to maintain coexistence in a plural Southeast Asia, there are still many problems that remain to be solved and situations that should be improved,” said APHR member and Indonesian MP Taufik Basari.
The report, titled “Restricting Diversity: Mapping Legislation on Freedom of Religion or Belief in Southeast Asia,” was launched on 7 November 2022 and provides an overview of the laws and regulations regarding the right to freedom of religion or belief in the region. One of the key findings in the report is that, while many of the constitutions of Southeast Asian countries formally guarantee the right to freedom of religion, in practice the laws related to religion contain ambiguities and restrictions that do not conform with international standards.
National security and public order, for instance, have often been used to justify restricting the freedom of religious minorities, including Ahmadiyah, Shia, Jehovah’s Witnesses and others. Meanwhile, blasphemy laws are often used to criminalize certain religious groups that are critical to the state, government or the religious establishment of the majority, in flagrant violation of international human rights standards.
“I hope we can have more dialogues in the future and more innovative methods to promote and protect FoRB in the Southeast Asian countries. The law must serve as a tool in creating peace and balance for the community, so it should be formulated properly in order to bring justice in society.”” said APHR member and Timor-Leste MP Isabel Ximenes.
Parliamentarians can play a crucial role in working towards fully guaranteeing freedom of religion or belief in Southeast Asia by repealing and amending laws that violate such freedom, and pass new laws where necessary.
“I think that, at the end of the day, we must have a firm commitment from parliamentarians or both sides, whether in government or in parliament, to have the same understanding about human rights. If you do not speak the language of human rights, then you are the problem,” said Dr. Ahmad Farouk Musa, Founder and Director of Islamic Renaissance Front (IRF), Malaysia, and surgery professor at Monash University.
Click here to read the report.
Oct 17, 2022 | FoRB, Statements
JAKARTA — Parliamentarians should uphold freedom of religion or belief and work in preventing religion from being turned into a political weapon in the midst of increasing conservatism and discrimination against minorities worldwide, a group of twelve sitting and former lawmakers from Southeast Asia said at a conference held in Jakarta.
“Religion is too often weaponized as a political tool, especially in election years. It is important for parliamentarians to connect and discuss strategies on how to combat such tactics, particularly with upcoming elections in Malaysia, Indonesia, as well as Timor-Leste,” said Timor-Leste MP Antonio Benevides.
In recent years, religion has often been used in the region to attack political enemies. One example discussed during the conference was the 2019 presidential elections in Indonesia, when supporters of President Joko Widodo and his challenger Prabowo Subianto traded accusations about the rival candidate’s lack of commitment to Islam.
In Myanmar, the military and its proxy party, the Union Solidarity and Development Party (USDP), have often accused the National League for Democracy (NLD) of endangering Buddhism and being infiltrated by Muslims plotting to take over the country. Now, the junta that ousted the NLD government in an illegal coup d’état in February last year is attempting to use Buddhism to legitimize its rule.
“The world is not okay right now and we need to work together to help make it better by ensuring that everyone enjoys basic rights including freedom of religion and faith, particularly minorities,” said Eva Kusuma Sundari, ASEAN Parliamentarians for Human Rights (APHR) board member and former member of the Indonesian House of Representatives.
This and other issues were discussed by lawmakers hailing from Indonesia, Malaysia, Singapore, Timor-Leste, Thailand, Myanmar and the Philippines, who were attending the annual Southeast Asia Parliamentarians for Freedom of Religion or Belief (SEAPFoRB) conference in Jakarta on 16-17 October 2022.
The SEAPFoRB conference was hosted by APHR, together with the International Panel of Parliamentarians for Freedom of Religion or Belief (IPPFoRB), and is part of an initiative to strengthen parliamentarians’ action to promote and protect the right to freedom of religion or belief in Southeast Asia.
On the second day of the conference, eight MPs visited the Indonesian House of Representatives to have a roundtable discussion with Indonesian MPs – including Luluk Nur Hamidah, Sylviana Murni, and Bobby Rizaldi – on the freedom of religion or belief situation in Indonesia.
“Indonesia celebrates all the six religions as well as the many indigenous beliefs that are practiced here, but given the huge diversity here we face a large challenge in continuing to develop respect for plurality in order to maintain the ‘Unity in Diversity’ that is our national motto. We also realize that protecting religious freedom is something that requires a global response,” said Luluk.
The conference concluded with a number of key conclusions and recommendations, including the need to provide counter-narratives toward intolerant messaging on social media and increasing engagement with other key stakeholders such as religious organizations and civil society.
“Freedom of religion or belief is a fundamental human right that is incredibly important to protect. MPs have a huge role to play in ensuring that protection.,” said Philippine MP Arlene Brosas.
Click here to read the statement in Indonesian.
Jun 29, 2022 | DFF, FoRB, Opinion Articles
By Eva Kusuma Sundari.
Almost a quarter of a century after the Indonesian people put an end to the dictatorship of General Suharto and embarked on a democratic transition uniquely successful in Southeast Asia, the country now finds itself at risk of taking major steps backwards on fundamental freedoms with the proposed overhaul of its Criminal Code.
If approved, some of the proposed changes would severely curtail the right to privacy and freedom of expression for Indonesians, and religious and sexual minorities would be vulnerable to legal abuses. According to the local human rights organization Aliansi Nasional Reformasi KUHP, the Draft Criminal Code contains 24 problematic provisions, ranging from the crime of insulting the president or the vice president and the criminalization of extramarital sex and cohabitation to crimes against religion.
The updating of the Indonesian Criminal Code, which dates back to the era when the country was a Dutch colony, is long overdue. But it is more important for lawmakers to get it right than do it hastily, and end up with another code reminiscent of colonial times, detrimental to democracy and good governance. They also need to be fully open with the citizenry about the process and the contents of the new draft, and allow more participation from civil society and the Indonesian public at large. Once adopted, the new Criminal Code will not be easy to amend, so any change adopted now is bound to have a long-term impact.
The process has been enormously tortuous so far. Initiated more than two decades ago, the overhaul has gone through several bumps and reversals. The draft was eventually finished in September 2019, and it was expected to be approved that year. But a huge popular movement opposed it, holding mass protests across the country that sometimes turned violent and resulted in five deaths. The bill was sent to parliament that year for deliberation and has been stuck there ever since.
But in late May this year, the government and the parliament discussed the modification of problematic provisions contained in the draft, and agreed to follow up the process without reopening discussions on the proposed legislation. The committee tasked with drafting the changes in the Criminal Code has done so behind closed doors, without consulting civil society or even new MPs, arguing that the draft “has already been agreed by the committee.”
The government and parliament argue that it is a carry-over bill, a law that has gone through deliberations and is slated to be voted in the next parliamentary session, suddenly showing a haste that, after so many years, is uncalled for. These maneuverings have been described by Muhammad Isnur, head of Indonesian Legal Aid Foundation (YLBHI), as “symptoms of authoritarianism.”
Despite claims by the government that 14 unpopular provisions have been amended, the draft Criminal Code remains potentially discriminatory on certain points, excessively punitive on others, and generally detrimental to democratic principles.
One of the most problematic aspects of the draft is its blasphemy article. Human Rights Watch has denounced the fact that it expands the 1965 Blasphemy Law and increases the number of “elements of the crime” to include, for instance, the defamation of religious artifacts.
This is particularly worrying given that blasphemy cases have skyrocketed in recent years. According to the Indonesian Legal Aid Foundation (YLBHI), there were 38 cases between January and May 2020, whereas SETARA Institute recorded a total of only six cases in 2014. Religious minority groups like the Shia, Ahmadi, Baha’i, or Jehovah’s Witnesses are usually the main victims of blasphemy laws, with legal processes often initiated by public pressure. And some of the people charged with blasphemy are minors.
As Islamists are gaining ground amid what some scholars have termed a “conservative turn” in Indonesia, the last thing that the country needs now is to widen the scope of its Blasphemy Law. If the Indonesian government is serious about protecting freedom of religion or belief for its people, it should scrap the law.
The LGBTIQ community will fare no better. The punishment of extramarital sex and cohabitation can potentially be used against homosexual couples, who do not have the right to marry, while the criminalization of “obscene acts” in public can also be used to target LGBTIQ people.
Also, some of the new provisions could drastically restrict the space for political debate. One of the articles would make it punishable to “attack the honor and dignity of the President and the Vice-President.” Other problematic articles include jail sentences for “spreading Marxist-Leninist teachings” or for association with Marxist organizations “with the intent of changing the policy of the government.”
The revision of the Criminal Code is a major legal project that will affect all Indonesians one way or another. And it should not be aimed at strengthening the government’s authority, but at protecting the rights of all Indonesians. If the government wishes to keep to the democratic path that Indonesia chose 24 years ago, it should reopen the debate on the draft with civil society, and listen with special attention those who would be most negatively affected by the proposed laws, including religious and sexual minorities, in order to make sure that laws are designed to protect them, not to persecute them.
Eva Kusuma Sundari is a board member of ASEAN Parliamentarians for Human Rights (APHR), and a former member of Indonesian House of Representatives.
This article first appeared in The Diplomat.
Apr 22, 2022 | FoRB, Statements
JAKARTA – ASEAN Parliamentarians for Human Rights (APHR) welcomes the decision made on Tuesday by the Supreme Court of Indonesia to uphold the Decree issued last year by the Ministry of Education to prevent and treat sexual violence, including verbal, non-physical, and digital acts, in Higher Education, after it was challenged by a community organization from West Sumatra arguing it encouraged extra-marital sex.
“In the context of rampant sexism, discriminative laws and the ongoing marginalization of women, the Supreme Court decision and the recent approval of the Anti-Sexual Violence bill in Parliament are a breath of fresh air in Indonesia. Much remains to be done, especially on implementation, but these are steps in the right direction towards gender equality and bringing about better protection for all Indonesian women and girls,” said Mu Sochua, an APHR Board Member and former Cambodian MP.
In the face of increasing incidents of sexual harrassment in Indonesia, the Ministry of Education, Culture, Research, and Technology made a progressive move by issuing a decree in 2021 aimed at eliminating sexual violence in universities by focusing on prevention and the victims’ recovery. However, in March Lembaga Kerapatan Adat Alam Minangkabau (LKAAM), an organization from West Sumatra, challenged it on spurious grounds that the Decree’s phrasing encouraged adultery.
The Supreme Court of Indonesia has made the right decision in upholding the decree, a decision that is aligned with the principle of gender equality and freedom of religion or belief that guarantees the individual rights of all Indonesians to be free of harassment regardless of their gender, said APHR.
Click here to read this statement in Bahasa Indonesian.
Apr 8, 2022 | FoRB, Statements
JAKARTA – Parliamentarians from Indonesia and civil society organizations warn that blasphemy laws pose a threat to freedom of religion or belief and social harmony, and urge the Indonesian Government and Parliament to use the opportunity afforded by the overhaul of the Criminal Code to substantially amend the existing legislation or repeal it completely.
In “Revisiting the Blasphemy Article in the RKUHP”, a public discussion held on 7 April 2022 and organized by ASEAN Parliamentarians for Human Rights (APHR) and the Indonesian National Commission on Human Rights (Komnas HAM), several stakeholders voiced their concerns about the current Blasphemy Law and the proposed amendments included in the new draft of the Criminal Code.
The public discussion,which was streamed in Facebook, Zoom and YouTube, included Taufik Basari, Member of the Indonesian Parliament; Dr Zainal Abidin Bagir, Director of the Indonesian Consortium for Religious Studies (ICRS); Fitria Sumarni, of the Legal Committee of Ahmadiyah Congregation Indonesia; Luluk Nur Hamidah, a representative from the Legislative Council of the Parliament; and Djoko Pudjirahardjo, head of the National Legal Planning Agency, at the Ministry of Law and Human Rights.
During the event, Government representative Djoko Pudjirahardjo said the Government was planning to re-submit the RKUHP to the Parliament in June. He stated, ”We encourage all parties concerned to closely follow the debates on the bill to assure the needs and desires of the population are fulfilled.”
Eva Sundari, board member of ASEAN Parliamentarians for Human Rights (APHR) and a former Indonesian Member of Parliament (MP) also added, “It is imperative to involve the public in the discussion of the Criminal Code, and I hope the public can express their aspirations and therefore participate in directing social changes.”
The latest version of the Criminal Code still includes a blasphemy article that reads: “Anyone who expresses in public opinions or commits hostile acts or blasphemy against the religion professed in Indonesia shall be sentenced to a maximum imprisonment of 5 (five) years or a maximum fine of category V.” The existence of the blasphemy article is very worrying in Indonesia.
According to the U.S. Commission on International Religious Freedom (USCIRF) Indonesia is one of the top ten countries that most frequently enforced blasphemy laws between 2014 and 2018, and according to the SETARA Institute and the Indonesia Legal Aid Foundation (YLBHI) the number of blasphemy cases have increased in the past year.
“Now is a golden opportunity to revise or repeal the blasphemy article. If we do not do it, historical opportunities will be lost,” said Zainal Abidin Bagir, Director of the Indonesian Consortium for Religious Studies (ICRS), during the panel.
The crime of blasphemy has been part of Indonesian Law ever since independence and has restricted the right to freedom of religion or belief, in particular of religious minorities, and threatened social harmony.
“We must ensure that the bill is not biased against minority groups because Indonesia is a pluralistic country,” said Luluk Nur Hamidah, a representative from the Legislative Council of the Parliament.
“We hope that the revision of the blasphemy law such as in the RKUHP and PNPS will be carried out soon, as ordered by the Constitutional Court,” said Fitria Sumarni, of the Legal Committee of Ahmadiyah Congregation Indonesia.
The new Criminal Code should respect the rights of religious minorities, often harmed by the blasphemy laws, and the Government and Parliament should establish a legal framework which protects human rights. Reviewing or abolishing the blasphemy law would be essential to attain that goal, said APHR.
Click here to read this statement in Bahasa Indonesian.
