True freedom of religion<\/p>\n
Uli Parulian Sihombing, Jakarta<\/p>\n
This newspaper reported on Thursday Aug. 25, 2005 that 23
\nchurches in Bandung, West Java were forced to close by hard-line
\nMuslim groups. The Ahmadiyah worship facilities were destroyed in
\nParung Bogor and other cities also. On the other hand, the law
\nenforcement officers failed to stop the closure or bring the
\nviolators to court.<\/p>\n
The closure and destruction of places of worship and\/or
\nfacilities are a violation of the right to freedom of religion
\nwhich are protected by the 1945 Constitution, article 22 of The
\nHuman Rights Act No. 30\/1999. International Human Rights Law also
\nprovides protection on the right to freedom of religion, which is
\naccordance with the International Covenant On Civil And Political
\nRights (ICCPR).<\/p>\n
Article 18 of ICCPR mandates the protection of the rights to
\nfreedom of thought, conscience and religion.<\/p>\n
The term of belief includes theistic, non-theistic and
\natheistic beliefs. The protection accorded by article 18 ICCPR is
\nnot restricted to traditional religions or those analogous to
\ntraditional religions. The United Nations Commission on Human
\nRights has expressed concern over the tendency to discriminate
\nagainst newly established religions or beliefs.<\/p>\n
Similarly, it has also expressed concern that religious
\nminorities may be subjected to hostility from the dominant
\nreligious community.<\/p>\n
According to General Comment No. 22 of the Commission, the
\nright to manifest religion covers a range of acts. It includes
\nworship, which involves building places of worship, the use of
\nritual formulas and objects, the display of symbols, and the
\nobservance of holidays.<\/p>\n
In addition, the right to observe and practice religion or
\nbelief includes customs such as wearing distinctive clothing,
\nconducting rituals associated with certain stages of life, and
\nthe use of a particular language of the group. Finally, it
\nincludes the freedom to choose their religious leaders, priest
\nand the teachers, freedom to establish religious schools and the
\nfreedom to publish and distribute religious texts or
\npublications.<\/p>\n
The freedom to manifest religion or beliefs may be subject to
\nlimitation to protect public safety, order, health or morals or
\nthe fundamental rights and freedom of others. However, no
\nlimitation can be imposed on freedom from coercion to have or to
\nadopt a religion or belief and the liberty of parents or
\nguardians to ensure religious or moral education.<\/p>\n
The right under article 18 ICCPR includes the freedom to
\nretain one's religion or belief, and the freedom to change to
\nanother religion or belief with an atheistic view. Article 18 (2)
\nICCPR prohibits compelling a person to reveal his thoughts or to
\nfollow a religion or belief. The prohibited acts include the use
\nof threat of physical force or penal sanctions to compel
\nbelievers or non-believers to follow their religious belief, to
\nrenounce their religion or belief or to convert.<\/p>\n
Religious or belief organization or individual who is a victim
\nof violation of the right to freedom of religion could use an
\ninternational mechanism through the Commission or the ICCPR.
\nUnder the ICCPR, the Commission has been established to monitor
\nthe compliance of the rights recognized under the ICCPR. The
\nCommission consists of eighteen independent experts who are
\nelected from the state parties of the covenant.<\/p>\n
The responsibilities of the Commission are consideration of
\nreports submitted by the states parties, the preparation of
\ngeneral comment and examining communication from individuals
\nalleging violations of any of the rights contained in the
\ncovenant as provided by the first Optional Protocol to the
\ncovenant.<\/p>\n
If the victim should have exhausted all available domestic
\nremedies and the government fails to fulfill domestic remedies
\nincluding a judicial remedy, the victim could submit a complaint
\nto the Commission or the ICCPR.<\/p>\n
Two cases of violation of the right to freedom of religion
\nwhich are the closure 23 churches in West Java and destruction of
\nThe Ahmadiyah's worship houses and facilities in Indonesia, could
\nbe investigated by the Commission or the ICCPR as well as Special
\nRapporteur On Religious Intolerance if domestic remedies fails.<\/p>\n
Local law enforcement officers should take progressive steps
\nto guarantee justice for these victims in order to avoid two
\ncases that could invite an international probe by the Commission,
\nthe ICCPR or Special Rapporteur On Religious Intolerance.<\/p>\n
The writer is Director Of The Jakarta Legal Aid Institute. He
\ncan be reached at ulipid1@yahoo.co.id<\/p>",
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"sponsor": "Okusi Associates",
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