INDONESIA: SHARIA-BASED LAWS CREEP INTO HALF OF PROVINCES


Islamic-based legislation may be a key issue in this year’s elections.

DUBLIN, February 2 (Compass Direct News) – As candidates hit the campaign trail in preparation for Indonesia’s presidential election in July, rights groups have voiced strong opposition to an increasing number of sharia-inspired laws introduced by local governments. They say the laws discriminate against religious minorities and violate Indonesia’s policy of Pancasila, or “unity in diversity.”

With legislative elections coming in April and President Susilo Bambang Yudhoyono likely to form a coalition with several Islamic parties for the July presidential election, such laws could become a key campaign issue.

Although Aceh is the only province completely governed by sharia (Islamic law), more than 50 regencies in 16 of 32 provinces throughout Indonesia have passed laws influenced by sharia. These laws became possible following the enactment of the Regional Autonomy Law in 2000.

The form of these laws varies widely. Legislation in Padang, West Sumatra, requires both Muslim and non-Muslim women to wear headscarves, while a law in Tangerang allows women found “loitering” alone on the street after 10 p.m. to be arrested and charged with prostitution. Other laws include stipulations for Quran literacy among schoolchildren and severe punishment for adultery, alcoholism and gambling.

“Generally the legal system regulates and guarantees religious freedom of Indonesian citizens … but in reality, discrimination prevails,” a lawyer from the legal firm Eleonora and Partners told Compass.

Some regencies have adopted sharia in a way that further marginalizes minority groups, according to Syafi’I Anwar, executive director of the International Center for Islam and Pluralism.

“For instance, the Padang administration issued a law requiring all schoolgirls, regardless of their religion, to wear the headscarf,” he told the International Herald Tribune. This is unacceptable because it is not in line with the pluralism that the constitution recognizes.”

Freedom of religion is guaranteed by Article 29 of the country’s constitution, he added. “Therefore the government must assist all religious communities to practice their beliefs as freely as possible and take actions against those who violate that right.”

While Indonesia’s largest Muslim group, Nahdlatul Ulama (NU), has publicly denounced the implementation of such laws, other groups actively support them. The Committee for the Implementation and Maintenance of Islamic Law (KPPSI) has held several congresses in Makassar, South Sulawesi with the goal of passing sharia-inspired legislation and obtaining special autonomy for the province, similar to that in Aceh.

KPPSI has also encouraged members to vote for politicians who share their goals, according to local news agency Komintra.

 

‘Threatening’ Decision

In February of last year, Home Affairs Minister Mardiyanto declared that the government saw no need to nullify some 600 sharia-inspired laws passed by local governments. His announcement came after a group of lawyers in June 2007 urged the government to address laws that discriminated against non-Muslims.

Moderates were alarmed at Mardiyanto’s decision, fearing it would encourage other jurisdictions to pass similar laws. Last August, Dr. Mohammad Mahfud, newly re-elected as head of the Constitutional Court, slammed regional administrations for enacting sharia-inspired laws.

“[These] laws are not constitutionally or legally correct because, territorially and ideologically, they threaten our national integrity,” he told top military officers attending a training program on human rights, according to The Jakarta Post.

Mahfud contended that if Indonesia allowed sharia-based laws, “then Bali can pass a Hindu bylaw, or North Sulawesi can have a Christian ordinance. If each area fights for a religious-based ordinance, then we face a national integration problem.” According to Mahfud, sharia-based laws would promote religious intolerance and leave minority religious groups without adequate legal protection.

Under the 2000 Regional Autonomy Law, the central government has the power to block provincial laws but showed little willingness to do so until recently when, bowing to pressure from advocacy groups, it pledged to review 37 sharia-based ordinances deemed discriminatory and at odds with the constitution.

Such reviews are politically sensitive and must be done on sound legal grounds, according to Ridarson Galingging, a law lecturer in Jakarta.

“Advocates of sharia-based laws will stress the divine origin of sharia and resist challenges [that are] based on constitutional or human rights limits,” he told The Jakarta Post. “They maintain that sharia is authorized directly by God, and political opposition is viewed as apostasy or blasphemy.”

 

Empowering Vigilantes

A national, sharia-inspired bill regulating images or actions deemed pornographic sparked outrage when presented for a final vote in October last year. One fifth of the parliamentarians present walked out in protest, leaving the remainder to vote in favor of the legislation.

The bill provided for up to 15 years of prison and a maximum fine of US$1.5 million for offenders.

“This law will only empower vigilante groups like the Islamic Defender’s Front (FPI),” Eva Sundari, a member of the Democratic Party of Struggle (PDIP) told reporters. FPI is widely-regarded as a self-appointed moral vigilante group, often raiding bars and nightclubs, but also responsible for multiple attacks on churches.

“Many of the members are preparing for elections and looking for support among the Islamic community,” she added. “Now they can point to this law as evidence that they support Islamic values.”

Although several Golkar Party politicians support sharia-based laws, senior Golkar Party member Theo Sambuaga has criticized politicians for endorsing such legislation to win support from Muslim voters. Several major parties openly back sharia laws, including the Prosperous Justice Party (PKS), the United Development Party, and the Crescent Star party.

 

Key Election Issue

Sharia-based laws may become an even hotter election issue this year as a change to the voting system means more weight will be given to provincial candidates.

Political analysts believe Yudhoyono must form a coalition with most if not all of the country’s Islamic parties in order to win a majority vote against the Golkar party, allied for this election with former president Megawati Sukarnoputri’s PDIP.

The coalition Yudhoyono could form, however, likely would come with strings attached. As Elizabeth Kendal of the World Evangelical Alliance wrote in September 2008, “The more the president needs the Islamists, the more they can demand of him.”

In 2004, Yudhoyono partnered with the NU-sponsored National Awakening Party, the National Mandate Party (founded by the Islamic purist organization Muhammadiyah) and the PKS to achieve his majority vote. Analysts predict PKS will again be a key player in this election.

Few realize, however, that PKS draws its ideology from the Muslim Brotherhood, a group formed in Egypt in 1928 with a firm belief in Islamic world dominance. Crushed by the Egyptian government in the 1960s, members of the Brotherhood fled to Saudi Arabia, where they taught in the nation’s universities – influencing the future founders of Al Qaeda, Hamas, and Sudan’s National Islamic Front.

The Brotherhood took root at a university in Bandung, West Java in the 1970s in the form of Tarbiyah, a secretive student movement that eventually morphed into the Justice Party (JP) in 1998. Winning few votes, JP allied itself with a second party to form the PKS prior to the 2004 elections.

Since then, PKS has gained widespread support and a solid reputation for integrity and commitment to Islamic values. Simultaneously, however, PKS leaders are vocal supporters of Abu Bakar Ba’asyir, leader of the terrorist group Jemaah Islamiyah (JI).

Sadanand Dhume, writing in the Far Eastern Economic Review, says the two organizations have much in common. In its founding manifesto, PKS calls for the creation of an Islamic caliphate. Unlike JI, however, “the party can use its position in Parliament and its … network of cadres to advance the same goals incrementally, one victory at a time.”  

Report from Compass Direct News

VIETNAM: ATTACK ON CATHOLIC CHAPEL SHOWS AUTHORITIES’ FEAR OF RELIGION


On same day, Mennonite denomination receives legal recognition; pastors wary.

LOS ANGELES, November 20 (Compass Direct News) – At a chapel on the remaining patch of Thai Ha Redemptorist property in Hanoi that the Vietnamese government had yet to confiscate, at 10 p.m. on Saturday night (Nov. 15) an official came to summon the priests to an “urgent meeting.” According to Vietcatholic.net website and other church sources, it proved to be a ruse to draw them away from the property while government-inspired gangs attacked St. Gerardo Chapel.

As the gangs ravaged the chapel, Father Joseph Dinh told Independent Catholic News, some people at the church began ringing the church bells to signal for help while others sent urgent e-mail and text messages asking Catholics to defend it.

Hundreds of police with stun guns tried to keep the arriving faithful from entering the chapel to stop the destruction. The hundreds of Catholics who arrived eventually overwhelmed officers, going past police to scare off the attackers. Witnesses reportedly said that government, police and security officials had stood by doing nothing to protect the chapel.

They also said that fleeing gang members shouted obscenities threatening to kill the priests and the faithful, as well as the archbishop.

“It is significant that the government attack against the monastery came on the eve of the celebration of the Feast of Vietnamese Martyrs,” a local priest told Vietcatholic.net. “This attack reminds people that since the outset, the seed of faith in Vietnam’s soil was mixed with the abundant blood of Catholic martyrs from all walks of life – from courageous missionaries to local clergy and the Christian faithful.”

The priest concluded by decrying the deterioration of conditions for Vietnamese Catholics.

A government spokesman later denied that the Vietnamese forces or authorities were involved in the attack.

As the government had achieved its objective of taking over the contested land, the well-coordinated attack came as a surprise to many. In September, Vietnam had resorted to force to answer months of growing but peaceful prayer vigils over long-confiscated Catholic properties in Hanoi, reneging on a promise to negotiate a settlement. Unilaterally, the government quickly turned the papal nunciature and the rest of the Thai Ha Redemptorist property into public parks.

The solidarity demonstrated by Catholics throughout the country appeared to have alarmed authorities. They reverted to classic attacks of disinformation and slander against Catholic leaders, and even after they had halted the prayer vigils, taken the contested land and allowed previous gangs to ransack the Redemptorist chapel, authorities demanded the removal of the archbishop of Hanoi, Ngo Quang Kiet, whom they accused of inciting riots against the state.

A Protestant pastor in Hanoi said the government’s recent conflict with Catholics has had a ripple affect on other churches and religions.

“Though it is the Catholics who are being most lambasted in the state media, Protestants are also maligned along with Catholics by government propaganda,” he said. “Secondly, all religious leaders are again subject to closer surveillance.”

 

Mennonite Church Recognized

Ironically, only a few hours earlier on the same day the chapel was attacked, the Vietnam Mennonite Church was allowed to hold its organizing general assembly in Ho Chi Minh City, becoming the fifth smaller church body to receive full legal recognition in 2008.

While registration can mark an improvement in the way the government treats a church, it is not to be confused with full religious freedom, church leaders said, as it is sometimes used as a means of control. The dubious benefits of registration have led many Protestant groups to simply quit seeking it.

Other Protestant groups to receive legal recognition in 2008 were the Grace Baptist Church, the Vietnam Presbyterian Church, the Vietnam Baptist Church, and the Seventh-Day Adventist Church. This brought the total number of fully recognized Protestant denominations to eight. Two of the eight bodies, the Evangelical Church of Vietnam (South) and the Evangelical Church of Vietnam (North), received legal recognition before the new religion legislation initiated in late 2004.

None of the 24 house church organizations of the Vietnam Evangelical Fellowship (VEF), however, has received even the lower-level “national registration to carry out religious activity.” Only one in seven of its congregations even have permission to operate locally.

Of the total 2,148 VEF congregations, 1,498 have applied for local permission to carry out religious activity, but only 334 have received it. Another house church organization has had 80 congregations apply for local permission to operate and has received only refusals or no answer at all. Other groups report a similar experience.

A hint of the government’s attitude toward registered churches, pastors said, was evident in its official news release on the Vietnam Mennonite Church general assembly. The Vietnam News Agency release of Nov. 15 enjoining the church to “serve both God and the nation” and to “unite with other people in the course of national reconstruction” struck some church leaders as an expectation that their congregations will serve political ends.

Christian leaders detected government fear of churches’ international connections in the official claim that, “For more than three decades, the Vietnam Mennonite Church has operated independently from foreign Mennonite churches.”

As is customary, the ceremony included an address by a representative of the Bureau of Religious Affairs. Nguyen Thanh Xuan said he expects the Mennonite Church “to bring into full play good characteristics of Protestantism, uphold the tradition of charity, and join hands with other religious and non-religious people to build a country of stability and prosperity.”

The heavy-handed treatment of Catholics over the disputed property and the offering of legal registration to more Protestant groups does not present the contrast it may first appear, said one long-time observer.

“Catholics outnumber Protestants about five to one and are a much more formidable and unified organization than Vietnam’s fractured Protestants,” he said. “Alarmed at the largest countrywide Catholic solidarity ever demonstrated, nonplussed security authorities ordered a classic, harsh crackdown and incited ‘punishment’ disguised as citizens’ outrage.”

Protestants, he said, are less numerous, more divided and rarely capable of joint action, so they do not pose a serious threat.

“For example, the oft-repeated requests and ultimatums by the Evangelical Church of Vietnam (South) on their 265 confiscated properties are simply ignored,” he said. “And don’t forget that the majority of Protestants are ethnic minorities in remote areas who remain closely watched by the government.”  

Report from Compass Direct News