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.
Feb 15, 2022 | FoRB, Opinion Articles
By Eva Sundari
After almost 100 years in operation, last month Nahdlatul Ulama (NU), Indonesia’s most prominent Islamic organization, made history, electing its first women leaders.
Under the leadership of reform-minded scholar Yahya Cholil Staquf, 11 women were named on NU’s board for the first time, among them former first lady Sinta Nuriyah Wahid, her daughter and prominent activist Alissa Wahid, and Khofifah Indar Parawansa, the governor of East Java.
Although a long way from gender parity, the move was a breakthrough for the organization, and is at least a step toward addressing some of the challenges faced by women in Indonesia today, which includes, among other things, the use of genital mutilation in some parts of the country, restrictive laws on women’s rights, as well as the continued practice of polygamy and child marriage. The women elected to NU’s board all have established records of meaningful contributions to society in their own right, and their inclusion on the board must be the opportunity for them to have substantial influence within the organization when it comes to addressing issues such as these.
As well as being an important political vehicle, since at least the Reform years of the 1990s, NU has played a vital role in advocating for social inclusion and standing up for ethnic and religious minorities, including Papuans and Chinese-Indonesians. As just one example, Abdurrahman “Gus Dur” Wahid, the former Indonesian president and NU leader, has been dubbed the “father of Chinese-Indonesians” because of his role in revoking an instruction leftover from the Soeharto era that prohibited the development of Chinese culture and religion.
NU and its membership have also played a role in advancing women’s rights. In 2017, female NU members initiated the Indonesian Women’s Ulema Congress (KUPI), which gathered together more than 1,000 female global clerics to discuss issues such as the history of female religious authority, sexual and domestic health, and declared several fatwas that support women’s empowerment.
Indonesia’s more hard-line Islamist groups, with their conservative interpretation of the religion, may have attracted the bulk of the media attention in recent years, but it should not be forgotten that women in Indonesia have long pushed back against this vision of Islam. NU and its members have played an important role in that resistance, and the appointment of women to its board is the latest in a series of progressive ideas the organization has initiated.
It has strongly criticized polygamy, and advanced women’s reproductive health access, awareness, and education. Female NU members have also played important roles in advancing women’s issues around the archipelago. Some entered politics, pushing for pro-women legislation such as the Anti Sexual Violence Bill (TPKS) and the Protection of Household Workers Bill (PPRT), as well as the Health Bill passed in 2009, which permits abortions in cases of rape or related health concerns.
Currently, freedom of religion or belief (FoRB) in Indonesia is experiencing many challenges, and that extends to women’s rights. In its most recent annual report on civil and political rights in the country, Freedom House ranked Indonesia as “partially fair”. One of its lowest rankings came in the area of freedom of belief (scoring 1 out of 4), with issues ranging from official discrimination against religious minorities, such as restricted access to documentation, to “violence and intimidation” against Ahmadi and Shia communities.
The research group SETARA Institute recorded 180 incidents of FoRB violations in 2020, 12 of which were against women and children, while the National Commission on Violence Against Women has documented hundreds of discriminatory local regulations that specifically limit the fundamental rights of women in the name of religion.
As a prominent Islamic organization claiming about 90 million members, NU has a crucial role to play in addressing issues such as these. The election of women to its board should be celebrated as the important step that it is, but it also must result in meaningful representation, whereby these elected women in leadership roles can deliver substantive impact on the issues of FoRB and women’s rights.
Challenges remain for NU in addressing the more conservative mindsets within its internal bodies, but the election of women to its board is a welcome move in the right direction, toward ensuring a range of perspectives are heard, including those of women, and the organization promoting a moderate and progressive version of Islam to be followed by adherents in Indonesia, and further afield.
Eva Sundari is a board member of ASEAN Parliamentarians for Human Rights (APHR), a former Indonesian Member of Parliament (MP)
This article first appeared in The Jakarta Post.
Jan 18, 2022 | FoRB, Statements
Please see a Bahasa Indonesian translation of this dispatch below
ASEAN Parliamentarians for Human Rights (APHR) welcomes the election of women in the composition of the chairmanship at Nahdlatul Ulama (NU), congratulating them for this important milestone. Nahdlatul Ulama, one of Indonesia’s most prominent Islamic organizations, has been a supporter of freedom of religion or belief and religious tolerance for more than one hundred years.
“The election of women into the chairmanship composition of Nahdlatul Ulama’s Executive Board is an important acknowledgement of the immense achievements of NU women on freedom of religion or belief thus far. I am optimistic that the inclusion of women voices into the leadership of NU will open the door to even greater contributions by women in the future,” said Eva Sundari, an APHR Board Member and former Indonesian MP.
APHR members look forward to NU women’s continued efforts to support gender-aware approaches to FoRB, within an NU that continues to play a significant role in promoting democratic principles in Indonesia.
Bahasa Indonesian Translation
Anggota parlemen ASEAN mengapresiasi terpilihnya ketua perempuan NU, berharap dapat memperkuat upaya KBB
ASEAN Parliamentarians for Human Rights (APHR) menyambut baik terpilihnya perempuan dalam jajaran ketua di Nahdlatul Ulama (NU) dan mengucapkan selamat atas terukirnya sejarah baru ini. Nahdlatul Ulama merupakan salah satu organisasi Islam terkemuka di Indonesia yang mendukung kebebasan beragama atau berkeyakinan (KBB) dan toleransi beragama selama lebih dari seratus tahun.
“Terpilihnya perempuan dalam susunan ketua di dalam Pengurus Besar Nahdlatul Ulama merupakan sebuah pengakuan penting atas kerja-kerja perempuan NU dalam upaya penguatan kebebasan beragama atau berkeyakinan selama ini. Saya optimis, masuknya perempuan ke dalam kepemimpinan NU akan membuka pintu yang lebih lebar untuk mereka berkontribusi lebih besar di masa depan,” papar Eva Sundari, Board APHR dan mantan anggota parlemen Indonesia.
Anggota APHR menantikan upaya berkelanjutan perempuan NU untuk mendukung pendekatan sensitif gender untuk KBB dari dalam NU, yang terus berperan penting dalam mempromosikan prinsip-prinsip demokrasi di Indonesia.
Nov 2, 2021 | FoRB, Opinion Articles
By Kasthuri Patto
For a brief period in 2019, the tiny Southeast Asian kingdom of Brunei captured international headlines. Hollywood actor George Clooney led a campaign calling for the boycott of nine international hotels, including ones in Beverly Hills, London, Paris, and Milan, because they were owned by a subsidy of Brunei’s government, the Brunei Investment Agency (BIA).
The campaign was in response to new legislation introduced in Brunei that year, in particular a Shariah Penal Code (SPC), for which the penalties included “stoning and whipping to death any of its citizens that are proved to be gay.” In response to the outrage Hassanal Bolkiah, the Sultan of Brunei, issued a “de facto moratorium” on the death penalty, and the country disappeared from global news coverage.
The moratorium is still in place, but the human rights situation in Brunei remains appalling. Of particular concern are its harsh restrictions on freedom of religion or belief, with Muslims forced to adhere to strict rules based on the government’s interpretation of Islam, while non-Muslims are discriminated against and unable to practice their religious beliefs freely.
As the chair of the Association of Southeast Asian Nations (ASEAN), this week Brunei is hosting (albeit remotely due to COVID-19) the bloc’s 38th and 39th summits, with conversation expected to be centered around the political crisis in Myanmar, where the military grabbed power in February and plunged the country into turmoil and terror.
While the desperate situation in Myanmar deserves to dominate the agenda, the rare spotlight on Brunei, which will hand the ASEAN baton to Cambodia at the culmination of this week’s events, now also presents the opportunity to scrutinize its dreadful human rights record, particularly related to freedom of religion or belief.
Brunei is an absolute monarchy in which the sultan has exercised executive power since independence from the United Kingdom in 1984. It is a Muslim majority country, with an estimated 80 percent of its 460,000 people practicing Islam, with the rest made up of Christians, Buddhists, and other religions, including those with indigenous beliefs.
According to its Constitution, the official religion is the Shafi’i School of Islam, while “all other religions” may be practiced in “peace and harmony.” In practice, however, this is far from the case.
The SPC, which came into full effect in 2019, and which is in force in parallel with the common-law-based Penal Code, enforces a hardline version of Islamic law on all people in Brunei, denying them the right to freely practice and express their faith outside the state’s own interpretation.ADVERTISEMENT
The code allows for torture and ill-treatment, with penalties including corporal punishment, such as stoning or whipping, while those found guilty of theft face potential amputation of their hands or feet.
There are many other deeply problematic issues with the SPC, particularly related to freedom of religion or belief.
For example, it is illegal to persuade a Muslim to change religions, to “propagate” religion other than Islam to a Muslim or person having no religion, or to persuade a person with no religion to convert to a belief system that isn’t Islam.
Exposing a Muslim child or a child of non-religious parents to beliefs and practices of a religion other than Islam is also illegal, with punishments including fines of up to $20,000 Brunei dollars (US$14,800) as well as up to five years in prison. As a result, the government has demanded that businesses remove Christmas decorations, and prevented children from wearing clothes associated with Christmas, including Santa hats.
Muslims also face heavy restrictions under the SPC. For example, irtidad, which refers to knowingly or willfully speaking or acting contrary to the creed of Islam, is illegal under a number of clauses, with punishments including imprisonment or whipping. Muslims are legally obliged to attend Friday prayers, and those not doing so face a potential fine.
Religious groups that the government considers “deviant” are also banned, including the Ahmadiyya Muslim Community, the Baha’i Faith, and Jehovah’s Witnesses. Official government rhetoric portrays these groups as threats to Islam.
Religious freedom has long been restricted in Brunei. For example, in the 1960s the State Mufti Department issued a fatwa that “strongly discourages” Muslims from assisting non-Muslim organizations in propagating their faith. Authorities reportedly use this fatwa to justify denying permission to non-Muslim faith organizations for a range of religious activities, including the expansion, renovation, or construction of new facilities.
It’s important to note that these restrictions not only violate people’s right to freedom of religion or belief, but have broader implications on other rights, including those to life and liberty, freedom from torture, gender discrimination, and free speech. In short, they leak into every aspect of people’s lives.
While extremely limited, the moratorium on the death penalty introduced in 2019 demonstrated that the Sultan of Brunei does care about public opinion.
The oil-rich sultanate has strong relations with many democratic governments around the world, and these partners – which the Sultan is hosting this week as chair of ASEAN – must liaise with authorities in Brunei and work toward ending discrimination against religious minorities and revising a legal framework to ensure that all people in Brunei can practice their religion free from government intervention and ill-treatment.
Kasthuri Patto is a Malaysian Member of Parliament (MP) and a member of ASEAN Parliamentarians for Human Rights (APHR)
This article first appeared in The DIplomat
Oct 20, 2021 | FoRB, Statements
Since the military coup, we have seen hate speech and targeting of religious groups increase and the release from prison of prominent anti-Muslim activists. There is serious concern that the military will increase the use of hate speech and propaganda targeted at non-Buddhist religious groups to attempt to divide the resistance and deflect and divert attention from the coup and subsequent oppression and economic collapse.
In recent months, hate speech against Christians has increased, and Christian figures have been murdered and arbitrarily detained by the military. Religious oppression is a longstanding issue in Burma, and the coup has emboldened the military to further persecute Christians and Muslims living in the country
Most recently, the junta murdered a Christian pastor and three other men. The incident began when several homes were set ablaze by artillery fire during fighting between the Chin Defense Force and the Burmese military on 18 September in Thantlang, Chin State. A Christian pastor named Cung Biak Hum was shot dead while he attempted to help extinguish a fire at another resident’s home.
The junta is currently holding another Pastor, Thian Lian Sang, in custody. Thian Lian Sang is a pastor of a church in Mandalay. He was arrested on 16 September by plainclothes police. His family was later reportedly robbed of Kyat 400,000 by SAC officials, which they had received to help cover the cost of burial for Sang’s father.
Previously, raids occurred at Mohnhyin mosque and Butaryone Street Mosque in Mohnhyin city, Kachin State, on 3 June 2021. During the attack, a custodian of the mosque was arbitrarily detained. Similarly, a Catholic church in Kantharyar Loikaw City, Kayeh State was shot at on 24 May as civilians sought refuge there. Three women and one man were killed in the incident. Around the same time, an ethnic Karen Church was destroyed on 23 May by the military and police in Insein Township. Three people, including a pastor and a disabled person, were beaten and detained.
The attacks on the protesters and the religious minorities have been widespread and systematically carried out by the order of the same general who also ordered for the mass killings of Rohingya people in 2017, which was described as a genocide by the UN Fact Finding Mission.
The Burmese Military must end all hostilities against religious minorities, release all religious and political prisoners, step down from power, and allow the democratically elected government to resume.
The National Unity Government (NUG) must fully commit to ensuring all rights for religious minorities and present a detailed plan for doing so when they regain power. The international community must increase pressure on the military to comply with these demands to ensure the safety and well-being of everyone in and from Burma/Myanmar.
A global arms embargo and targeted sanctions on the military’s sources of revenue are vital to support the promotion of human rights and democracy in Burma/Myanmar. Countries should impose their own unilateral arms embargo in the absence of a UN-mandated arms embargo.
UN Secretary-General Antonio Guterres should lead high-level efforts to increase diplomatic pressure on the junta and mobilise countries in the region to deploy their influence to end the military’s violence and repression and seek the release of political prisoners and the establishment of genuine federal democracy and respect for human rights for all.
At the same time, the international community should increase humanitarian assistance, especially for ethnic and religious minorities and particularly for those internally displaced, taking care to use civil society channels that do not result in aid being blocked or misappropriated by the military.
It is time to cut the economic lifeline of the illegal military regime while providing humanitarian lifelines to the people of Burma/Myanmar.
With current UN and ASEAN efforts failing to achieve any progress, the office of the United Nations Secretary-General has the authority to mobilise the international community to support his diplomatic efforts to achieve change in Burma/Myanmar.
Repeated warnings regarding the impending genocide of the Rohingya were ignored for years, until it was too late. We sound the warning bell now that there is a real danger of the military again using nationalism and attacks on non-Buddhists for its nefarious political agenda, with devastating consequences for religious minorities in the country.
The time to act is now.
Undersigned by:
Organisations
- 21Wilberforce
- ALTSEAN-Burma
- America Rohingya Justice Network:
- American Baptist Churches, USA
- American Rohingya Advocacy
- Arakan Institute for Peace and Development:
- Arakan Rohingya National Organisation (ARNO)
- ASEAN Parliamentarians for Human Rights (APHR)
- Association Info Birmanie
- Association of Human Rights Defenders and Promoters
- Athan – Freedom of Expression Activist Organization
- Boat People SOS – Religious Freedom Project
- Burma Action Ireland
- Burma Campaign UK
- Burma Human Rights Network (BHRN)
- Burma Task Force
- Burmese American Community Institute (BACI)
- Burmese American Millennials
- Burmese Democratic Forces
- Burmese Muslim Association
- Burmese Rohingya Association In Japan (BRAJ)
- Burmese Rohingya Organisation UK (BROUK)
- Campaign for a New Myanmar
- Canadian Rohingya Development Initiative
- Cantors’ Assembly
- Centre for Human Rights Research & Advocacy (CENTHRA)
- Chin Association of Maryland, Inc (CAM)
- Chin Human Rights Organization
- Chin Leaders of Tomorrow
- Christi Australia
- Christian Freedom International
- Christian Solidarity Worldwide (CSW)
- Coalition to Abolish Modern-day Slavery in Asia (CAMSA)
- Committee for Religious Freedom in Vietnam
- Crane Center for Mass Atrocity Prevention
- Decency & Clarity
- Democracy, Peace and Women’s Organization
- Engage Action
- Equality Myanmar
- Fortify Rights
- Free Burma Action Bay/USA/Global
- Free Burma Campaign (South Africa) (FBC(SA)
- Free Myanmar Campaign USA
- Freedom, Justice, Equality for Myanmar
- Future Thanlwin
- Genocide Watch
- Global Movement for Myanmar Democracy (GM4MD)
- Human Rights Foundation of Monland
- Info Birmanie
- Initiative for Human Rights in Asia (IHRA)
- Institute for Asian Democracy
- International Campaign for the Rohingya
- International Christian Concern
- Islamic Renaissance Front
- Jewish World Watch
- Jubilee Campaign USA
- Justice4Rohingya UK
- Kachin Women’s Association Thailand
- Karen Human Rights Group (KHRG)
- Karen Organization of America
- Karenni Human Rights Group
- Keng Tung Youth
- L’chaim! Jews Against the Death Penalty
- Legal Action Worldwide
- Los Angeles Rohingya Association
- Metta Campaign Mandalay
- Myanmar Advocacy Coalition
- Myanmar Cultural Research Society (MCRS)
- Myanmar Peace Bikers
- Nationalities Alliance of Burma USA
- NeT Organization
- Never Again Coalition
- Nguyen Van Ly Foundation
- No Business With Genocide
- Palms Australia
- Parity
- Pax Christi Australia (NSW)
- Pax Christi Victoria
- Prayer Pioneers
- Progressive Voice
- Reconstructionist Rabbinical Association
- Revealing Light Ministries
- Rumi Forum
- Save and Care Organization for Ethnic Women at Border Areas
- Shan MATA
- Society for Humanistic Judaism
- South Asia Forum for Freedom of Religion or Belief (SAFFoRB)
- Southern Youth Development Organization
- Spring Revolution Interfaith Network
- Stefanus Alliance International
- Swedish Burma Committee
- Synergy-Social Harmony Organization
- Ta’ang Women’s Organization
- Tanintharyi MATA
- The Common Good Foundation
- S. Advocacy Coalition for Myanmar (USACM)
- S. Campaign for Burma
- Vietnam Coalition Against Torture (VN-CAT)
- Vietnamese Women for Human Rights
Individuals
- Denise Nichols OAM, Practitioner Affiliate
- Dr Lionel Fernandes, Retired Reader In Politics & Former Head, Department of Civics & Politics, University of Mumbai, India.
- C. Jeff Woods, Interim General Secretary, ABCUSA
- Rollin A. Van Broekhoven
- James Scott Coats, Global worker, International Ministries, American Baptist Churches, USA
- John Ball
- Lauren Homer, President, Law and Liberty Trust International
- Michael Mullerworth
- Nguyen Dinh Thang, PhD, Laureate of 2011 Asia Democracy and Human Rights Award
- Quang Pham, Representative, Association for Advancement of Freedom of Religion or Belief in Vietnam (AAFoRB-VN)
- Rabbi David Wirtschafter –Temple Adath Israel of Lexington
- Harry Kerr
- Scott Morgan, President, Red Eagle Enterprises
- Scott Stearman, -U.N. Representative Baptist World Alliance (ECOSOC) / Cooperative Baptist Fellowship (DGC)
- Catriona Devlin csb
