ISSUE - Indonesia - Universal Periodic Review (UPR) - what about the follow-up?

To: The Tandem Project International List Serve

From: The Tandem Project

 

This is an update of The Tandem Project Issue Statement, November 2007 in advance of the Indonesia Universal Review (UPR).The Indonesia UPR (A/HRC/WG.6/1/IDN/1/2/3) and the debate was held Wednesday 9 April on the floor of the Human Rights Council (HRC). The UPR is an important new United Nations Human Rights Council review. All U.N. Member States will report and receive reviews by the HRC over the next two years. Indonesia’s report was generally positive. They have a national human rights institute and action plan and promised an effort at compliance with all universal human rights instruments at national and local governmental levels while remindful of their cultural values. The HRC asked questions and made a series of recommendations on the court system, terrorism, torture; human rights for women, children and religion among other issues. The test of the UPR process will be in the follow-up. What change will happen in Indonesia in the four years before they have another UPR review? What process is in place for open and transparent monitoring of the follow-up by other Member States, NGO’s and civil society? The Oslo Coalition Indonesia Project, http://www.oslocoalition.org, (see their website) has announced an Indonesia conference and dialogue in 2008. Whether the Indonesia UPR will be part of the program is not certain. The Oslo Coalition is an academic project, not an NGO advocating political change.

 

The Amadiyah, a minority religious group in Indonesia, has its own interpretation of Islam. They have 200,000 members in 24 branches throughout the country. A ban on the Amadiyah is now seriously considered by the national Government under Mr. Yudhoyono. In this weeks issue of The Economist, www.economist.com., April 28-May 2, 2008, page 59, an article titled “The Bully Pulpit” addresses the potential ban: “The outside world – which has so far seen Mr. Yudhoyono, as a democrat, a reformist and a leader of moderate Islam – might indeed make clear to him that giving in to the bullies and repressing a peaceable religion would have unfortunate consequences.”

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THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

INDONESIA

 

FREEDOM OF RELIGION OR BELIEF 

  AND UNIVERSAL PERIODIC REVIEW

 

Issue: Indonesia Bans Sects It Deems Blasphemous – a Question of Religious Freedom 

 

For: United Nations, Governments, Religions or Beliefs, Academia, NGOs, Media, Civil Society

                                                                                                                                                                             

Review: Indonesia Bans Sects It Deems Blasphemous, by Peter Gelling, New York Times, is an article filed from Jakarta on 16 November 2007. This article comes at a time when Indonesia is about to undergo a review by the UN Human Rights Council in a new procedure called the Universal Periodic Review (UPR). Under this process, recently approved by the UN General Assembly, all UN member states will be reviewed by the UN Human Rights Council between 2008 and 2011. Indonesia, as a member of the UN Human Rights Council, will be one of the first 47 countries reviewed in the first round 7-18 April 2008.

 

Indonesia Bans Sects It Deems Blasphemous may be a resource for the Indonesia UPR process to consider the difference between Indonesia national laws and international human rights standards on freedom of religion or belief; on issues such as proselytism, blasphemy, apostasy, choice of a religion or belief, recognition of minority religions or beliefs. The UPR process is an opportunity to discuss the complexity and sensitivity of these issues as a cooperative mechanism for dialogue, without blame or accusations, between the concerned country, the UN Human Rights Council, UN Office of High Commissioner for Human Rights, NGOs and other stakeholders. The New York Times article is published in bold in full on the next page of this Issue Statement. 

 

Extracts from the New York Times article, Indonesia Bans Sects It Deems

Blasphemous, begin on page 3 followed by an Issue Statement

 

International Standards for National and Local Applications

 

Objective: Build understanding and support for Article 18, International Covenant on Civil and Political Rights –Everyone shall have the right to freedom of thought, conscience and religion - and the 1981 UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief. Encourage the United Nations, Governments, Religions or Beliefs, Academia, NGOs, Media and Civil Society to use international human rights standards as essential for long-term solutions to conflicts based on religion or belief.

 

Challenge: In 1968 the United Nations deferred work on an International Convention on the Elimination of all Forms of Religious Intolerance, because of its apparent complexity and sensitivity. In the twenty-first century, a dramatic increase of intolerance and discrimination on grounds of religion or belief is motivating a worldwide search to find solutions to these problems. This is a challenge calling for enhanced dialogue by States and others; including consideration of an International Convention on Freedom of Religion or Belief for protection of and accountability by all religions or beliefs. The tensions in today’s world inspire a question such as:

 

  • Should the United Nations adopt an International Convention on Freedom of Religion or Belief?

 

Response: Is it the appropriate moment to reinitiate the drafting of a legally binding international convention on freedom of religion or belief? Law making of this nature requires a minimum consensus and an environment that appeals to reason rather than emotions. At the same time we are on a learning curve as the various dimensions of the Declaration are being explored. Many academics have produced voluminous books on these questions but more ground has to be prepared before setting up of a UN working group on drafting a convention. In my opinion, we should not try to rush the elaboration of a Convention on Freedom of Religion or Belief, especially not in times of high tensions and unpreparedness. - UN Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, Prague 25 Year Anniversary Commemoration of the 1981 UN Declaration, 25 November 2006.

 

Option: After forty years this may be the time, however complex and sensitive, for the United Nations Human Rights Council to appoint an Open-ended Working Group to draft a United Nations Convention on Freedom of Religion or Belief. The mandate for an Open-ended Working Group ought to assure nothing in a draft Convention will be construed as restricting or derogating from any right defined in the Universal Declaration of Human Rights, the International Covenants on Human Rights, and the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. One writer has said;Religion raises the stakes of human conflict much higher than tribalism, racism, or politics ever can…it casts the differences between people in terms of eternal rewards and punishments.”

 

Concept: Separation of Religion or Belief and State – SOROBAS. The starting point for this concept is the First Preamble to the 1948 United Nations Universal Declaration of Human Rights; “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. It suggests States recalling their history, culture and constitution adopt fair and equal human rights protection for all religions or beliefs as described in General Comment 22 on Article 18, International Covenant on Civil and Political Rights, UN Human Rights Committee, 20 July 1993 (CCPR/C/21/Rev.1/Add.4):

 

  • Article 18: protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with international characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community. Article 18: permits restrictions to manifest a religion or belief only if such limitations are prescribed by law and necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

 

Education & Dialogue

 

Dialogue: United Nations Secretary General Ban Ki Moon, at a UN backed Alliance of Civilizations Forum in January 2008 addressed the importance of dialogue; “Never in our lifetime has there been a more desperate need for constructive and committed dialogue, among individuals, among communities, among cultures, among and between nations.” A writer in another setting said, “The warning signs are clear: unless we establish genuine dialogue within and among all kinds of belief, ranging from religious fundamentalism to secular dogmatism, the conflicts of the future will probably be even more deadly.” Solutions to conflicts over religious or philosophical ideology call for dialogue on the purpose of international law on freedom of religion or belief; and the value of these standards for regional, national and local applications.

 

Education: Ambassador Piet de Klerk addressed the Prague twenty-five year anniversary commemoration of the 1981 UN Declaration; “Our educational systems need to provide children with a broad orientation: from the very beginning, children should be taught that their own religion is one out of many and that it is a personal choice for everyone to adhere to the religion or belief by which he or she feels most inspired, or to adhere to no religion or belief at all.” Parents are a key to this application. The 1981 UN Declaration states; “Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents, the best interests of the child being the guiding principle.”

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Extracts: Extracts are presented under the Eight Articles of the 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. Examples of extracts are presented prior to an Issue Statement for each Review.  

 

The attached documents are past Issue Statements that may be used as reference sources for consideration of Indonesia’s UPR compliance with Article 18, International Covenant on Civil and Political Rights – Freedom of Religion or Belief and the 1981 UN Declaration. They are: Indonesia – Teaching for Tolerance on Freedom of Religion or Belief; Indonesia – Proselytism and Human Rights: The Right to Try to Convince the Other; OHCHR-OIC Memorandum of Understanding on Technical Cooperation in the Field of Human Rights; Cairo Declaration on Human Rights in Islam; Indonesia – Urgent Appeal: Freedom of Religion or Belief – Framework for Communications. The New York Times article is printed here in bold print under relevant articles of the 1981 UN Declaration:

 

1. 1 Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practices and teaching.

 

1. 3 Freedom to manifest one’s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.

 

7. 1 The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice.

 

JAKARTA, Indonesia, Nov. 15 – Indonesian human rights lawyers are again questioning the country’s commitment to religious freedom after the recent arrests of several orthodox Islamic leaders and the banning of their organizations.

 

On Nov. 9, the Indonesian Supreme Court sentenced Abdul Rachman, who claims to be the reincarnation of the Prophet Muhammad and is the No. 2 leader of a religious group known as Lia Eden, to three years in prison for blasphemy. The day before, the attorney general banned a sect led by a man claiming to be the next prophet of Islam.

 

Although Indonesia’s Constitution explicitly guarantees freedom of religion, the government extends this protection to only six officially recognized faiths: Islam, Roman Catholicism, Protestantism, Hinduism, Buddhism and Confucianism.

 

Various laws and edicts prohibit blasphemy, heresy, proselytizing and apostasy. In practice, they are applied primarily to perceived offenses against mainstream Islam. Nearly 90 percent of Indonesia’s 240 million people are Muslims.

 

Last week the attorney general’s office said it would continue to pursue legal action against Ahmad Moshaddeq, the leader of an Islamic sect known as Al Qiyada, on blasphemy charges, even after he declared that he had realized his teachings were misguided and would return to mainstream Islam.

 

The attorney general’s office banned Al Qiyada on Nov.8, Mr. Moshaddeq, whose house was burned down this year by a mob, had said that he was the next Muslim prophet and did not require his followers to pray five times a day or toward Mecca. A central tenet of Islam is that Muhammad was the final prophet.

 

Several of Mr. Moshaddeq’s followers remain in custody. “We want to reform the penal code, especially articles on banning sects for blasphemy,” said Uli Parulian Sihombing, a human rights lawyer who has often defended religious groups. “These people are nonviolent and peaceful. These laws are simply a justification for the government to intervene on issues of faith.” - Indonesia Bans Sects It Deems Blasphemous, Peter Gelling, New York Times, 16 November 2007.  

 

ISSUE STATEMENT: The Tandem Project focus is on Article 18 of the International Covenant on Civil and Political Rights – Everyone shall have a right to freedom of religion or belief, and the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. The UPR review “shall be a cooperative mechanism, based on interactive dialogue, with the full involvement of the country concerned and with consideration given to its capacity-building needs; such a mechanism shall complement and not duplicate the work of treaty bodies…according to the guidelines published under Human Right Council in Resolution 5/1 of 18 June 2007. Indonesia is a signatory to the International Covenant on Civil and Political Rights. Here are three extracts of international human rights norms under Article 18 of the International Covenant on Civil and Political Rights: 

 

  • The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. Therefore the United Nations Human Rights Committee views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostilities by a predominant religious community - General Comment 22 on Article 18, United Nations Human Rights Committee, 1993.

 

  • The concept of morals derives from many social, philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving from a single tradition. - General Comment 22 on Article 18, United Nations Human Rights Committee.

 

·         Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.  - General Comment 22 on Article 18, United Nations Human Rights Committee, 1993.

 

Indonesia has laws against apostasy, proselytism and blasphemy. As a signatory to the International Covenant on Civil and Political Rights (ICCPR) – Indonesia must defend such laws under Article 1.3 of the ICCPR, Freedom to manifest one’s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others. The Tandem Project has seven attached documents, past Issue Statements, for consideration during the Indonesia UPR that reflects the complexity and sensitivity of these issues under International Standards on Freedom of Religion or Belief. Here is a summary of The Tandem Project attached Issue Statements: 

 

1. Teaching for Tolerance in the Indonesian Context - an Oslo Coalition on Freedom of Religion or Belief project, is a follow-up to the UN sponsored Madrid Conference in 2001 on the twenty year anniversary of the 1981 UN Declaration. It is described on The Oslo Coalition website, http://www.oslocoalition.org. In January 2007 a workshop was held in cooperation with the Alauddin State Islamic University in Makassar, Indonesia.  The Oslo Coalition website describes declares, “One of the greatest challenges in Indonesia today is the education of children and youth to a multicultural globalised world. Where people with different cultural and religious identity study together there is a great need for analysis and critical self reflection.”  This project includes field work research on Hindu-Balinese minority on Lombok and work with Interfidei, the Institute for Inter-faith Dialogue in Indonesia, http://www.interfidei.or.id/ - The Tandem Project, a File Attachment.

 

2. Facilitating Freedom of Religion or Belief: a Deskbook. This is a book originally commissioned to publish the papers of the 1998 Oslo Conference on Freedom of Religion or Belief. It expanded to a 1,000 page “historical and philosophical background on religious human rights, detailed analysis of applicable international norms and international procedural mechanisms for safeguarding these norms.” Part V on Changing Beliefs and the Tensions of Tolerance; provide analysis on cults, sects, proselytism and apostasy that will be helpful to an analysis of the New York Times article, Indonesia Bans Sects It Deems Blasphemous in the context of the Indonesia UPR. In 2007 course modules are being developed. An Indonesian translation of the Deskbook is being proofed for publication. - The Tandem Project, a File Attachment.

 

3. Proselytism and Human Rights: The Right to Try to Convince the Other-  an excellent best practices on how to breakout the Eight Articles of the 1981 UN Declaration for analysis in an Indonesian context of the right of proselytism. This Project, now named Missionary Activity and Human Rights, involves respectful discussion in both a Christian and a Muslim context that is applicable in many countries. The aim of this project is to contribute, on the basis of human rights, to the resolution of conflicts arising from missionary activities.” - The Tandem Project, a File Attachment.

 

4. Indonesia – Urgent Appeal: Freedom of Religion or Belief – Framework for Communications; is The Tandem Project Issue Statement on  the U.N. Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, Summary of cases to Governments and Replies on 8 March 2007 (A/HRC/4/21/Add.1). This Issue Statement also includes a new on-line digest by the UN Special Rapporteur on Freedom of Religion or Belief as a Framework for Communications. This Framework is available on-line under International Standards in the UN Special Rapporteur on Freedom of Religion or Belief Documents. - The Tandem Project, a File Attachment.

 

http://www.ohchr.org/english/issues/religion/standards.htm

 

5. OHCHR-OIC Memorandum of Understanding on Technical Cooperation in the Field of Human Rights; is described in The Tandem Project Review: Geneva, 11 July 2006 – The Office of United Nations High Commissioner for Human Rights (OHCHR) and the Organization of the Islamic Conference (OIC) signed in Rabat, Morocco, a Memorandum of Understanding on Technical Cooperation in the Field of Human Rights. Could this Memorandum of Understanding be support Article 18, International Covenant on Civil and Political Rights, and the 1981 U.N. Declaration on Freedom of Religion or Belief? What part does the Cairo Declaration on Human Rights in Islam signed by the Foreign Ministers of OIC countries on 5 August 1990, play in the implementation of this agreement?  Is this a question that may be considered in the Indonesia UPR Review? - The Tandem Project, a File Attachment.

 

6. The Cairo Declaration on Human Rights in Islam was adopted and issued at the Nineteenth Islamic Conference of Foreign Ministers on 5 August 1990. The Organization of Islamic Conference (OIC) is an Inter-Governmental Organization of countries that either observes Shari’ah law, or where Islam is the majority religion. The OIC maintains Inter-governmental Permanent Observer Missions to the United Nations in New York and Geneva. The Cairo Declaration is a statement by OIC government member states of the United Nations. The Tandem Project has placed the Preamble of the Cairo Declaration, under the Preamble and eight Articles of the 1981 U.N. Declaration for dialogue on concepts, similarities and differences. The preamble and first sentence of each of the twenty-five articles of the Cairo Declaration on Human Rights in Islam are highlighted in this document. The complete Cairo Document can be read in full in Religion and Human Rights Basic Documents, published by the Center for the Study of Human Rights, Columbia University, New York, 1998.

 

7. Concept: Separation of Religion or Belief and State SOROBAS, proposes that fair and equitable international human rights standards are essential for long-term solutions to conflicts based on religion or belief. This Concept by The Tandem Project builds respect for diversity of religion or belief and may be applicable for dialogue, with other models, in the UPR process for all UN Member States. It is proposed here as a paradigm for discussion of Article 18, International Covenant on Civil and Political Rights for the Indonesia UPR.

 

·         Principle: 1948 Universal Declaration of Human Rights - “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,” – recognized as a “common standard of achievement for all peoples and all nations”

 

·         Concept: Separation of Religion or Belief and State – SOROBAS. States recalling their history, culture and constitution on religion or belief, provide equal protection by law against all forms of intolerance and discrimination in matters relating to freedom of religion or belief, for theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.

 

·         Beliefs: Article 18 of the International Covenant on Civil and Political Rights, “protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.”  - General Comment 22 on Article 18, United Nations Human Rights Committee, 1993. 

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Reply: The Tandem Project Country & Community Database collects information worldwide on United Nations Human Rights Bodies. The information is used for UN Human Rights Council Universal Periodic Reviews (UPR); UN Treaty-based Reports; UN Special Procedures, Special Rapporteur Reports. Click on the link below to open the Database. Read the Instructions & Table of Contents: scroll to an Article of your choice and click to reply.

 

http://www.tandemproject.com/databases/forms/card.htm

 

The Tandem Project: a non-profit, non-governmental organization established in 1986 to build understanding and respect for diversity of religion or belief, and prevent discrimination in matters relating to freedom of religion or belief. The Tandem Project has sponsored multiple conferences, curricula, reference materials and programs on Article 18 of the International Covenant on Civil and Political Rights – Everyone shall have the right to freedom of thought, conscience and religion - and the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

 

The Tandem Project initiative was launched in 1986 as the result of a co-founder representing the World Federation of United Nations Associations (WFUNA) at a 1984 United Nations Geneva Seminar, Encouragement of Understanding, Tolerance and Respect in Matters Relating to Freedom of Religion or Belief, called by the UN Secretariat on ways to implement the 1981 UN Declaration. In 1986, The Tandem Project organized the first NGO International Conference on the 1981 UN Declaration.

 

The Tandem Project Executive Director: Michael M. Roan, mroan@tandemproject.com.

Documents Attached:


INDONESIA - FREEDOM OF RELIGION OR BELIEF & UNIVERSAL PERIODIC REVIEW

 

The Tandem Project is a UN NGO in Special Consultative Status with the

Economic and Social Council of the United Nations