Church Closure in Indonesia Called Unconstitutional at Hearing

Representative for HKBP congregation in West Java tells court sealing was illegal.

JAKARTA, Indonesia, June 18 (CDN) — In a hearing in its lawsuit against a local government, a representative for a church that Bekasi, West Java officials summarily closed earlier this year told an administrative court that the action was unconstitutional.

The Huria Kristen Batak Protestan (HKBP) Filadelfia church had filed a lawsuit on March 30 against the local government for its Jan. 12 sealing of the building under construction. Regent H. Sa’adudin on April 12 issued a decree to cease worship and other activities.  

At a court hearing on June 2, the coordinator of the litigation team, Thomas Tampubolon, explained that the regent’s decree of Dec. 31, 2009 to seal the building conflicted with Indonesia’s 1945 constitution. He said the decree violated Article 28 of the constitution, which guarantees freedom of religion.

“It also violates Article 29, which guarantees freedom of worship, and Law No. 39 (1999) concerning human rights,” Tampubolon said as he read the suit to an administrative court.

Tampubolon said that the decree also violated 2006 Joint Ministerial Decree No. 9 regarding the role of regional administrators in maintaining harmony between religious groups and in the construction of houses of worship.

Lastly, he said that the regent’s decree violated the International Covenant on Civil and Political Rights, which Indonesia ratified in 2005. The legal team requested that the Bandung Administrative Court issue an injunction staying the decree of the Bekasi regent.

Additionally, the team requested that the regent’s order be rescinded and that he be ordered to process the building permit request and to grant permission to construct a house of worship in accordance with current regulations.

Deddy Rohendi, a member of the regency defense team, replied that Tampubolon’s claims were false, and he requested that the court dismiss the suit.

“The regent’s decree was legal,” Rohendi said.

As the judges are considering the HKBP Filadelfia’s case, they are expected to travel to the village to interview citizens about the church building.

A member of the legal team who is also a member of the church, Parasian Hutasoit, said that the Filadelfia congregation was very upset with the Department of Religion and the Interfaith Harmony Forum because neither had acted upon the request for permission to build which was submitted on April 2, 2008.

“Our application has not been acted upon, and suddenly our church is sealed without clear reason,” he said.

Hutasoit said he regretted that the church had been forced to resort to court action. He added that he hopes the suit will force the government to show more care regarding the problem of places of worship and ensure the rights of groups such as HKBP Filadelfia that have obtained the required signatures of local people.

 

Harrassed

Prior to the hearing, Muslim opponents harassed the church’s Sunday worship, demonstrating against it on May 30, as they have on past occasions.

The group of women and children said they were from the Islamic Communications Forum of Jejalan Raya village. They gathered at 8 a.m. in order to hinder church members from worshipping in the area in front of the sealed building.

The Rev. Palti Panjaitan explained that the demonstration lasted about 15 minutes, ceasing after a community leader from Jejalan Raya village told the demonstrators they were causing a disturbance. Worship for the church is normally from 9 to 11 a.m.

“Only the building committee and the church leaders had come,” said Panjaitan.

He recounted that on May 27 the church learned a mob was going to demonstrate the next day and notified police.

“Apparently the demonstrators thought that because Friday was a holiday, we would have services,” Panjaitan said. “Actually, we did not have anything.”

He wished that the police would be more proactive about demonstrations. “As for the demonstrators, what more do they want? We have been forced to worship under the sky, on newspapers, in front of our sealed church, and they still demonstrate against us,” Panjaitan concluded.

On Jan. 3, a mob unrolled mats and sat in front of the church. “They wanted to keep us from worshipping,” Panjaitan said.

 

Seal Order

The Filadelfia Church was founded in April 2000 by Batak families in four village divisions in the North Bekasi area. They held Sunday worship in different homes on a rotating basis.

Citizens from the Islamic Communications Forum of Jejalan Raya village were disturbed by these house services. After the house services were banned, the congregation searched for a piece of land on which to build.

On June 15, 2007, HKBP Filadelfia was able to purchase land from a woman identified only as Sumiati. The Christians told her that they wished to build a church on the property, and Sumiati and her heirs signed affidavits stating that they agreed to this use. The Bekasi government issued the deed on Sept. 26, 2007.

After the purchase, the church began collecting signatures of local citizens in order to satisfy the requirements of 2006 Joint Ministerial Decrees No. 8 and No. 9 requiring at least 90 Christians and at least 60 non-Christians agreeing to construct a church building.

The church quickly obtained the required signatures, and on April 2, 2008 the head of Jejalan Raya village issued a letter recommending that the congregation be given a building permit. The letter was addressed to the Regent of Bekasi with copies to the Department of Religion, the Interfaith Harmony Forum and the District Officer of Tambun Utara (a sub-district of Bekasi).

Since then, nothing has been done. No building permit has been issued. Since Jan. 12 the Bekasi Regency Government has sealed the temporary building the church had been using. As a result, the congregation has been holding services in front of the building fence in the open air.

Umbrellas protect them from the tropical sun, where temperatures often reach 33 degrees Celsius (92 degrees Fahrenheit), and occasional rainstorms hit.

Report from Compass Direct News

INDIA: ‘ANTI-CONVERSION’ LAW CONSIDERED IN KARNATAKA

Legislation leading to anti-Christian attacks said to be planned in violence-ridden state.

NEW DELHI, March 2 (Compass Direct News) – The Hindu nationalist government in the southern state of Karnataka, which recorded the second highest number of attacks on Christians last year, is planning to introduce the kind of “anti-conversion” law that has provided the pretext for anti-Christian violence in other states.

Such laws are designed to thwart forcible or fraudulent conversion, but they are popularly misunderstood as criminalizing conversion in general. Comments from public officials sometimes heighten this misconception: India’s constitution provides for freedom of religion, but Karnataka Minister for Law, Justice and Human Rights S. Suresh Kumar said in the Feb. 22 edition of a Hindu extremist publication that the state’s Bharatiya Janata Party (BJP) government “is set to frame an anti-conversion law, as innocent Hindus are getting converted to other religions.”

“Poor and uneducated Hindus are becoming victims of false propaganda against Hinduism, and our government is planning to enact a law after studying the similar anti-conversion acts/anti-conversion bills of various states,” the BJP minister said in the Organiser, official publication of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS), the BJP’s ideological mentor.

Anti-conversion laws are in force in five states – Orissa, Madhya Pradesh, Chhattisgarh, Himachal Pradesh and Gujarat – and its implementation is awaited in the states of Arunachal Pradesh and Rajasthan. Cynically named “Freedom of Religion Acts,” the laws seek to curb religious conversions made by “force, fraud or allurement,” but human rights groups say they obstruct conversion generally as Hindu nationalists invoke them to harass Christians with spurious arrests and incarcerations. Numerous cases against Christians have been filed under various anti-conversion laws, mainly in Madhya Pradesh, Chhattisgarh and Orissa, but no one has been convicted in the more than four decades since such laws were enacted.

Dr. Sajan K. George, national president of the Karnataka-based Global Council of Indian Christians (GCIC), expressed anguish over reported plans to introduce a law that has a history of misuse by extreme Hindu nationalists. He also indicated his concern at the government’s slackness in prosecuting those who have attacked Christians.

“Unfortunately, 2008 saw the worst kind of regression in our society as the church in India experienced a wave of violence and persecution unprecedented since the origin of Christianity in India 2,000 years ago,” George said, referring to a sudden rise in anti-Christian attacks in several Indian states, mainly Karnataka and the eastern state of Orissa, in the latter part of last year.

With the BJP forming a government of its own last year, fears within the Christian community that persecution would increase came true, he said.

“Karnataka recorded at least 112 anti-Christian attacks across 29 districts in 2008,” and at least 10 more such incidents have been reported this year, said George. Christians number slightly more than 1 million of Karnataka’s 52.8-million population.

Among the more tense districts in Karnataka are Mangalore, Bangalore and Davangere, according to George. The districts of Chikmagalur, Chitradurga, Belgaum, Tumkur, Udupi, Shimoga, Dharwad and Kodagu are also potentially volatile, he said. The GCIC reported that on Jan. 11 unidentified extreme Hindu nationalists barged into the home of a Christian convert in Amrthmahal Kavalu area near Tiptur town in Karnataka’s Tumkur district, verbally abused the four Christians there and burned their Bibles. The nine hard-line Hindus threatened to burn down the house if the Christians continued to worship at the Calvary Gospel Centre.

Besides legitimizing anti-Christian violence in the popular mind, critics say anti-conversion laws make conversion cumbersome and identify targets for Hindu extremists. In Gujarat state, the archbishop of Gandhinagar, Rev. Stanislaus Fernandes, and non-profit organizations have filed a petition in the state high court challenging a requirement in Gujarat’s anti-conversion law that co-religionists obtain prior permission from a district magistrate before performing or participating in a conversion ceremony. The Times of India reported on Friday (Feb. 27) that Justice M.S. Shah and Justice Akil Kureshi have accepted the case and issued a notice to the state government seeking explanation on objections raised by petitioners.

“The Act, by making one’s conversion a matter of public notice and knowledge, really aims at facilitating and encouraging the religious fanatics to take law into their hands to prevent even free and voluntary conversion,” petitioner attorneys contended. “In the name of maintaining law and order, the Act will invite people to disturb law and order.” Counsel added that the Act aims mainly at “preventing Dalits and adivasis [tribal people] from converting to another religion, thereby forcing them to remain in the Hindu fold.”

 

Orissa Fallout

A fresh spate of attacks hit Karnataka last September following India’s worst-ever wave of persecution in the eastern state of Orissa, where at least 127 people were killed and 315 villages, 4,640 houses, 252 churches and 13 educational institutions were destroyed. The Orissa attacks, allegedly incited by the BJP and the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP) under the pretext of avenging the assassination of Hindu nationalist leader Laxmanananda Saraswati in Kandhamal district, also rendered more than 50,000 people homeless. Although an extreme Marxist group claimed responsibility for Saraswati’s murder, the VHP and the BJP, which is part of the ruling coalition in Orissa, blamed Christians for it.

Even as the mayhem in Orissa was underway, VHP’s youth wing Bajrang Dal began attacks on Christians and their institutions in Karnataka on the pretext of protesting alleged distribution by the New Life Fellowship organization of a book said to denigrate Hindu gods. According to Dr. John Dayal, member of the National Integration Council of the Government of India, last September at least 33 churches were attacked and 53 Christians were injured, mainly in the Mangalore region of Dakshina Kannada district and parts of Udupi district.

The state convener for the Bajrang Dal, Mahendra Kumar, publicly claimed responsibility for the attacks and was arrested on Sept. 19, a day after the federal government ruled by the Congress party-led United Progressive Alliance admonished the state government for allowing attacks on Christians, according to The Deccan Herald, a regional daily. Kumar, however, was subsequently released on bail.

While the issue of the “objectionable” book served as the pretext for the attacks, the BJP had already become upset with New Life Fellowship because a film actress known as Nagma announced in July 2008 that she had become Christian a few years prior. BJP attorneys sent her a threatening legal notice for “hurting religious sentiments.”

In a press conference at Tirunelveli in Tamil Nadu state on July 24, the general secretary of the BJP’s legal wing, Sridhar Murthi, said that Nagma – who appeared in several Tamil-, Telugu- and Hindi-language films from 1993 to 1997 – had hurt the sentiments of others while speaking at a Christian meeting in Nalumavadi, in the Tuticorin area.

“In that meeting, she said she is ready to preach the gospel in every city and town that the Lord takes her to,” reported The Christian Messenger, a Christian news website based in Tamil Nadu state. New Life Fellowship later reportedly ordained Nagma as a minister.

Following the attacks – not only on New Life Church but also on churches and individuals from various denominations – the BJP government set up the Justice B.K. Somasekhara Commission of Inquiry to investigate. Churches and Christians had filed 458 affidavits from Dakshina Kannada district. After questioning 49 witnesses, the panel completed its five-day judicial proceeding in Mangalore on Feb. 20 and set the next sitting for March 16-20. The Commission earlier had a sitting in Bangalore, capital of Karnataka.

Karnataka also has gained recent notoriety for violent vigilantes. Last month a splinter group from the extreme Hindu nationalist VHP, the Sri Ram Sene, attacked women in a pub in Mangalore, saying only men were allowed to drink.

“These girls come from all over India, drink, smoke, and walk around in the night spoiling the traditional girls of Mangalore,” Pravin Valke, founding member of the Sri Rama Sene, told The Indian Express on Feb. 3. “Why should girls go to pubs? Are they going to serve their future husbands alcohol? Should they not be learning to make chapattis [Indian bread]? Bars and pubs should be for men only. We wanted to ensure that all women in Mangalore are home by 7 p.m.”

With national elections expected to be held in April-May this year, Christians fear that attacks could continue. Dr. Bokanakere Siddalingappa Yeddyurappa, the 66-year-old chief minister of Karnataka, has been part of the RSS since 1970.

Report from Compass Direct News

INDIA: ORISSA BRACES FOR MORE VIOLENCE AFTER ANOTHER MURDER

Suspecting cover-up, Communist investigators say 500 people may have been killed.

NEW DELHI, November 5 (Compass Direct News) – Terrified Christians already ravaged by more than two months of violence in Orissa state’s Kandhamal district braced for more carnage as suspected Maoists today gunned down a local worker of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS).

Dhanu Pradhan was an RSS activist said to be on the Maoists’ hit list. Police said he was shot by three suspected Maoists in Kumharigaon village under Brahmanigaon jurisdiction in Kandhamal at 1 p.m., reported The Indian Express. Modern India’s worst-ever spate of violence began in the forest district of Kandhamal on Aug. 24, a day after a leader of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council or VHP), Laxmanananda Saraswati, was killed.

Although a Maoist group admitted killing Saraswati and four of his aides, the VHP blamed local Christians for the assassinations. The wave of violent attacks carried on unabated for more than two months, destroying at least 4,500 houses and churches in the district.

More than 500 people, mostly Christian, might have been killed in the past few months’ violence in Kandhamal district, according to a report by a Communist Party fact-finding team. The report also suggested that the state government downplayed and covered up evidence of unreported deaths.

“The official figure for deaths has been reported to be 31, however, a senior government official on the condition of anonymity informed that he himself consigned two hundred dead bodies – found from the jungle – to flames after getting them collected in a tractor,” said the report by the Communist Party of India-Marxist-Leninist (CPI-ML).

The unnamed official estimated that, based on the intensity and pace of killings, the number of those killed was more than 500, according to the report. The fact-finding team visited Kandhamal district on Oct. 15-16 and published its report in the Oct. 27 issue of the party’s official publication, Liberation.

The report, signed by CPI-ML member J.P. Minz, also said that Hindu extremists might have used state government machinery to “minimize the evidence and possibly destroy dead bodies.”

Dr. John Dayal, a member of the National Integration Council of the Government of India, told Compass the report was startling but not surprising.

“I have been tabulating the data from independent church groups,” he said. “Even the Bishop’s House in Bhubaneswar has maintained that tens of thousands of refugees are hiding in forests, many of them with injuries of various degrees of grievousness.”

Dayal said that people must have been killed in the forests. “Even in villages, bodies have been discovered in neighboring fields,” he added.

The fact-finding team reported that the numerous attacks, acts of vandalism and killings took place “in full view of police, and the police remained mute spectators.” At least 200 Christian villages and 127 church and prayer halls were either destroyed or burned, it added.

Victims in numerous relief camps told the fact-finding team that the VHP and its youth wing, Bajrang Dal, were responsible for the tensions and violence.

“They used to organize meetings of the Kandha tribals and incite them to attack the Christian hamlets and also provided funds for doing this,” the report said.

Dayal said the Supreme Court of India should act on the report’s findings.

 

‘Great Terror’

The CPI-ML reported that Christians continued to experience “great terror,” and that Hindu nationalist groups were demanding the withdrawal of security personnel sent by the federal government to contain the violence.

“Riot victims are frightened to go back to their villages because they have been threatened that if they return they will be cut into pieces,” said the report. “The rioters are also proclaiming that only Hindu converts will be allowed to return. On the other hand, those in charge of the relief camps are pressuring the riot victims to return to their villages, saying that the life has returned to normalcy and peace has returned.”

The Indian Express yesterday reported that about 250 riot victims who had taken shelter in the Meliaputti and Mandasa areas of Srikakulam district in neighboring Andhra Pradesh state were refusing to go back to their villages “out of fear.”

“As many as 109 persons of 35 families of Sarlaguda, Raikia, Nuagaon, Baliguda, Bataguda, Barkhama, G. Udaygiri, Tikabali and Suraballi areas have been residing at Sourakaligam village of Meliaputti area, Andhra Pradesh, since the Kandhamal violence,” said the newspaper, adding that 140 others had taken shelter in Kumudhisingi village of the Mandasa area.

There are 12,641 violence-affected people in seven relief camps in Kandhamal, according to the district authorities.

 

Violence in Another District

The violence in Kandhamal has led to tensions in several other districts of Orissa. Yesterday a mob of around 400 people surrounded and beat five Christian men in the Bindha area of Bhadrak district’s Tihidi Block, according to the Christian Legal Association.

The incident took place when five men and two women, all staff of the Discipleship Centre, were returning from a few villages where that Christian organization has projects. A cyclist suddenly appeared before them and had an accident, incurring minor injuries. Soon a mob of about 300 people gathered and began beating the men, accusing them of converting Hindus, as if such activity were illegal in India.

The mob dragged the Christians to a Hindu nationalist rally where slogans against them were chanted. Police arrived and took the Christians to a police station, charging them under laws against forcible or fraudulent conversion. The seven Christians remained in jail at press time.

Police also filed a counter-complaint against the attackers, but no one was arrested at press time.

 

Nun’s Rape Case

In the case of a Catholic nun raped on Aug. 25 during the initial violence, the Kandhamal district court today issued a notice summoning her to appear for identification of the culprits, reported the Press Trust of India news agency.

The victim, who said she was raped in K. Nuagaon in Baliguda, had refused to cooperate with police, demanding that a federal agency investigate her case. On Oct. 24, she appeared before media and blamed police for not coming to her rescue. She said she was raped while police did nothing, and that later she saw a policeman talking congenially to one of the rapists.

Previously she had filed a complaint at the Baliguda police station, but officers did not make any arrests until a national newspaper, The Hindu, highlighted the case on Sept. 30. When the nun initially went to the police station to file her complaint, an officer had warned her of possible negative consequences of doing so.

 

One-Man Investigation

While Christians are demanding that a federal agency take over investigation of the violence in Orissa, the state government has appointed a one-man panel, the Justice S.C. Mohapatra judicial commission, to carry out the probe.

The commission placed an advertisement in a local newspaper, Sambad, on Nov. 3 seeking affidavits of victims by Nov. 15. It also said that people could appear before the commission on Nov. 28 in its office in Bhubaneswar, the state capital.

The commission will analyze the sequence of events and circumstances leading to the killing of Saraswati on Aug. 23 and the subsequent violence. It will also probe the role, conduct and responsibility of individuals, organizations, groups and agencies in precipitating and committing the crimes and investigate whether the measures that followed were adequate.

Mohapatra is a retired judge of the Orissa High Court.

Orissa is ruled by a coalition of a local party, the Biju Janata Dal, and the Hindu nationalist Bharatiya Janata Party, which has close ties with the VHP.

Report from Compass Direct News

LAOS: CHRISTIANS ORDERED TO RENOUNCE FAITH

New reports show officials continue to fine believers, outlaw private worship

DUBLIN, August 28 (Compass Direct News) – The chief of Boukham village in Savannakhet province, Laos today ordered the families of three detained Christians to sign documents renouncing their faith. Human Rights Watch for Lao Religious Freedom (HRWLRF) reported that the family members refused.

A crackdown in other parts of Laos continued, with new incidents reported this week in Attapue and Borikhamxay provinces. On Monday (August 25), the chief of Donphai village in Attapue province summoned believers and fined them for holding a church service during local animistic ceremonies.

In Borikhamxay province, officials continued to pressure 22 Christian families comprising 150 people in Toongpankham village who have refused to give up their faith. Village officials had torn down their church building in January, then in mid-August harassed church members for not meeting in a proper worship facility.

In the incident in Boukham village in Savannakhet province, the chief summoned the families of two detained Christians, identified by the single names of Boot and Khamsavan, and ordered them to travel to the police station where the two were being held to sign affidavits renouncing their faith; the family members refused, according to HRWLRF.

Police detained Boot and Khamsavan, along with their pastor Sompong, on August 3. (See Compass Direct News, “Authorities in Laos Detain 90 Christians,” August 8.)

The family members had already traveled to Ad-Sapangthong police station on Sunday (August 24) to visit Boot, Khamsavan and Sompong. When they arrived at the detainment cell at that time, officials tightened the handcuffs and wooden stocks restraining the hands and feet of the prisoners, causing severe pain.

“This is the consequence of not signing documents to renounce your faith,” a police official told the visitors. “We’ve already given you three opportunities to do this, but you have refused.”

On Monday (August 25), after the visitors returned home, the village chief instructed them to immediately apply for bail for Boot and Khamsavan but said Sompong did not qualify for it, as his punishment for leading the church would be “life in prison.”

 

Fine Imposed for Worshiping

In Donphai village, Sanamchai district of Attapue province, the village chief summoned Christians on Monday (August 25) and fined them for holding a worship service the previous day while villagers carried out animistic ceremonies.

The village chief charged them with violating his order to refrain from worship that particular day and imposed a fine of 700,000 Lao kip (US$83), one pig, and a pot of rice wine. He also said the church would be held responsible if any of the villagers became ill as the result of “spirits” being offended by their worship.

At press time the Christians had refused to pay the penalty, despite threats of more serious consequences if they failed to do so. They have also decided to continue their weekly worship services, in accordance with freedoms guaranteed in the Lao constitution.

In Toongpankham village, Burikan district of Borikhamxay province, officials in mid-August scolded 22 Christian families – a total of 150 people – for holding church services in a private home.

Summoning church leaders to a meeting at government offices, officials demanded that they meet in a church building. The Christians asked how this was possible, since officials had torn down their church building in January. When they sought permission to rebuild, officials refused.

According to HRWLRF, believers have since continued to meet in the home of church member Chiang Yui, determined to express their freedom of worship as provided in the Lao constitution.  

Report from Compass Direct News