True freedom of religion

True freedom of religion

Uli Parulian Sihombing, Jakarta

This newspaper reported on Thursday Aug. 25, 2005 that 23
churches in Bandung, West Java were forced to close by hard-line
Muslim groups. The Ahmadiyah worship facilities were destroyed in
Parung Bogor and other cities also. On the other hand, the law
enforcement officers failed to stop the closure or bring the
violators to court.

The closure and destruction of places of worship and/or
facilities are a violation of the right to freedom of religion
which are protected by the 1945 Constitution, article 22 of The
Human Rights Act No. 30/1999. International Human Rights Law also
provides protection on the right to freedom of religion, which is
accordance with the International Covenant On Civil And Political
Rights (ICCPR).

Article 18 of ICCPR mandates the protection of the rights to
freedom of thought, conscience and religion.

The term of belief includes theistic, non-theistic and
atheistic beliefs. The protection accorded by article 18 ICCPR is
not restricted to traditional religions or those analogous to
traditional religions. The United Nations Commission on Human
Rights has expressed concern over the tendency to discriminate
against newly established religions or beliefs.

Similarly, it has also expressed concern that religious
minorities may be subjected to hostility from the dominant
religious community.

According to General Comment No. 22 of the Commission, the
right to manifest religion covers a range of acts. It includes
worship, which involves building places of worship, the use of
ritual formulas and objects, the display of symbols, and the
observance of holidays.

In addition, the right to observe and practice religion or
belief includes customs such as wearing distinctive clothing,
conducting rituals associated with certain stages of life, and
the use of a particular language of the group. Finally, it
includes the freedom to choose their religious leaders, priest
and the teachers, freedom to establish religious schools and the
freedom to publish and distribute religious texts or
publications.

The freedom to manifest religion or beliefs may be subject to
limitation to protect public safety, order, health or morals or
the fundamental rights and freedom of others. However, no
limitation can be imposed on freedom from coercion to have or to
adopt a religion or belief and the liberty of parents or
guardians to ensure religious or moral education.

The right under article 18 ICCPR includes the freedom to
retain one's religion or belief, and the freedom to change to
another religion or belief with an atheistic view. Article 18 (2)
ICCPR prohibits compelling a person to reveal his thoughts or to
follow a religion or belief. The prohibited acts include the use
of threat of physical force or penal sanctions to compel
believers or non-believers to follow their religious belief, to
renounce their religion or belief or to convert.

Religious or belief organization or individual who is a victim
of violation of the right to freedom of religion could use an
international mechanism through the Commission or the ICCPR.
Under the ICCPR, the Commission has been established to monitor
the compliance of the rights recognized under the ICCPR. The
Commission consists of eighteen independent experts who are
elected from the state parties of the covenant.

The responsibilities of the Commission are consideration of
reports submitted by the states parties, the preparation of
general comment and examining communication from individuals
alleging violations of any of the rights contained in the
covenant as provided by the first Optional Protocol to the
covenant.

If the victim should have exhausted all available domestic
remedies and the government fails to fulfill domestic remedies
including a judicial remedy, the victim could submit a complaint
to the Commission or the ICCPR.

Two cases of violation of the right to freedom of religion
which are the closure 23 churches in West Java and destruction of
The Ahmadiyah's worship houses and facilities in Indonesia, could
be investigated by the Commission or the ICCPR as well as Special
Rapporteur On Religious Intolerance if domestic remedies fails.

Local law enforcement officers should take progressive steps
to guarantee justice for these victims in order to avoid two
cases that could invite an international probe by the Commission,
the ICCPR or Special Rapporteur On Religious Intolerance.

The writer is Director Of The Jakarta Legal Aid Institute. He
can be reached at ulipid1@yahoo.co.id