Court Reverses Revocation of Indonesian Church’s Building Permit

Outside Islamists had intimidated local officials into withdrawing approval.

JAKARTA, Indonesia, March 8 (CDN) — A court in West Java has reversed the revocation of a Catholic church’s building permit.

The Purwakarta regency government had revoked the building permit for Santa Maria Catholic Church when Islamists threatened local residents and officials into opposing the project, church leaders said.

The church sued the Purwakarta regency for revoking the approved building permit in Cinangka village last October, and in a little-publicized court ruling on Feb. 25, a judge in a state court in Bandung, West Java decided in favor of the church.

“The error arose when external forces pressured the Purwakarta government so much that it revoked the building permit,” the head of the church legal team, Dr. Liona Nanang, told Compass. “Government sources have admitted that this was done because of outside pressure.”

The church official said objections to the church under construction did not come from residents of Cinangka village, where the church is located.

“We called the village headman and the block captains to testify,” Nanang said. “According to them, the objections are not from Cinangka villagers, but from citizens of Cikampek, which is not even in our district [county].”

The Purwakarta government is planning to appeal the case, but Nanang said church lawyers are optimistic that construction likely would resume once the High Court in Jakarta rules.

On Oct. 16 the regent of Purwakarta regency, Dedi Mulyadi, revoked the construction permit after Islamists threatened some of the local residents whose approval is required by Indonesian law. Church leaders said members of the Islamic Defenders Front (Front Pembela Islam, or FPI) “continually terrorized” both the regent and residents who had previously given their approval.

A Joint Ministerial Decree promulgated in 1969 and revised in 2006 requires the permission of more than 60 neighbors and a permit from local authorities to establish a place of worship. The more than 60 local citizens giving their approval must provide photocopies of their identity cards.

Nanang said that the judge agreed with the plaintiff that there had not been any irregularities in the process of obtaining a building permit. The judge found that the Purwakarta government had violated basic principles of good government including justice and the rule of law.

“A building permit can be legally cancelled if there is no construction activity within six months of the date of publication of the permit,” Liona told Compass. “However, Santa Maria Church began to build immediately.”

The court also ruled that the Purwakarta government had no legal reason to revoke the building permit. The Joint Ministerial Decree Number requires not only a minimum of 60 signatures of those not using the building but a minimum of 90 signatures of those who will use it, and the church had obtained the signatures of 93 non-users and 170 church members who would use the building.

The Rev. Augustinus Made of Santa Maria Catholic Church concurred that revocation of the building permit came about from extremely heavy pressure from the FPI and other radical Muslim groups.

“We rejoice in the verdict,” he said. “We had fulfilled all of the regulations. We built on land that had been zoned for a house of worship – land that we purchased.”

At the time the building permit was revoked, land had been prepared, the area fenced and the foundation laid.

The church had planned its building on a 5,000-square meter lot in a sparsely populated industrial area on land zoned for houses of worship. The congregation of over 1,000 has been worshipping in a steel factory warehouse some distance from the building site since its inception in 2002.

The lot developer had supplied facilities for all faiths; Muslims have two large mosques and an Islamic chapel at each factory. The government plan for the Bukit Indah Industrial Park included facilities for general and social purposes, including places of worship.

Report from Compass Direct News 

Moroccan Authorities Raid Bible Study, Arrest Christians

Order to detain 18 nationals, deport U.S. citizen apparently came from highest levels.

MARSEILLES, France, February 9 (CDN) — A large, military-led team of Moroccan authorities raided a Bible study in a small city southeast of Marrakech last week, arresting 18 Moroccans and deporting a U.S. citizen, area Christian leaders said.

Approximately 60 officers from the Moroccan security services on Thursday afternoon (Feb. 4) raided the home of a Christian in Amizmiz, a picturesque city of 10,000 mainly Berber people 56 kilometers (35 miles) southeast of Marrakech. A church Bible study was in progress at the home with visitors from western and southern Morocco, the leaders said.

Five of the 18 people held for 14 hours were small children, two of them infants no more than 6 months old. The other small children ranged from 20 months to 4 years old, and also detained was the visiting 16-year-old nephew of one of the participants.

The Christian leaders said authorities interrogated participants in the Bible study for 14 hours. The authorities filmed the interrogations with digital video cameras and cell phones.

The leader of the Christian group, who requested anonymity for security reasons, said the raiding party was unusually large. It included an accompaniment of 15 vehicles led by a colonel and two captains.

“It’s the first time in our current Moroccan church history that the Moroccan government used this size of a legion to attack a small Christian meeting,” he said. “All the time they kept repeating that this was ordered personally by the new Moroccan Justice Minister [Mohamed Naciri] and by the highest level General of the Gendarmerie [Housni Benslimane].”

Quoting a statement by the Interior Ministry, the state-run Maghreb Arabe Presse news agency reported that a “foreign missionary” had been arrested for trying to “spread evangelist creed in the Kingdom and locate new Moroccan nationals for recruitment.”

The statement added that the raid took place “following information on the organization of a secret meeting to initiate people into Christianity, which would shake Muslims’ faith and undermine the Kingdom’s religious values.”

The U.S. citizen, whose name has not been released, was deported immediately after interrogation. The Christian leaders said the visiting Moroccans were sent back to their homes in western and southern Morocco.

Authorities seized Bibles, books, two laptops, a digital camera and one cell phone, they said.

“I don’t think this number of Moroccan government forces was ever used even against Muslim fundamentalists,” the leader of the Christian group said.

Conflicting Codes

Overall, the North African country has a history of religious tolerance. Morocco’s constitution provides for freedom to practice one’s religion, but Article 220 of the Moroccan Penal Code criminalizes any attempt to induce a Muslim to convert to another religion.

In its 2009 international religious freedom report, the U.S. Department of State noted that on April 2, 2009, a Moroccan government spokesman asserted that freedom of religion does not include freedom to choose one’s faith.

“The fight against Christian proselytizing in accordance with law cannot be considered among human rights abuses,” the Moroccan government spokesman said, “for it is an action aimed at preventing attempts to undermine the country’s immutable religious values. The freedom of belief does not mean conversion to another religion.”

Morocco is a signatory to the International Covenant on Civil and Political Rights. Article 18 of the covenant affirms the right to manifest one’s faith in worship, observance, practice or teaching.

The covenant also states, however, that “freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”

In early December last year Moroccan police expelled five Christian foreigners for “attending a forbidden meeting,” according to an unnamed government official. The five men were involved in a training seminar for 17 Christians in northern Morocco.

“We were highly surprised that Morocco dared to arrest and expel us,” said one of the deported Christians, noting that only Christians were present at the meetings. “The police told us that we were holding a forbidden meeting, but we are friends just coming together for fellowship and for teaching each other. Is that forbidden in Morocco?”

The deportations were a serious violation of religious rights, the Christian said.

“The police came with 35 agents – 12 of them invaded the building, and the rest of the police surrounded the premises just to arrest 17 friends coming together for fellowship,” he said. “We were held in custody for one day and night, and we were interrogated for many hours, until 4:30 the next morning.”

On March 29, 2009, the Moroccan government announced that it had expelled five female Christians for attempting to “proselytize,” although sources said they were foreign visitors merely attending a Bible study with fellow Christians. The accused women were five of 23 tourists, expatriates and Moroccans arrested in Casablanca on March 28 during what the Interior Ministry called a “proselytizing” meeting involving Moroccan citizens.

Police seized numerous pieces of evangelistic “propaganda,” including Arabic books and videos. But a source told Compass that everyone in attendance was a Christian and that they had gathered merely for a Bible study, which he said falls within Morocco’s constitutional right of freedom to express one’s faith.

The authorities interrogated 12 others, 11 of them Moroccan citizens, for participating in the women’s Bible study in the apartment of a local Christian leader in Casablanca. They released them early the following morning, returning them home in unmarked police cars, according to the state department report.

“The authorities reportedly pressured the women to return to Islam, mocked their Christian faith, questioned why they left Islam to become Christians, and asked if there were other Christians in their families,” the report states.

A Christian who works in the country told Compass that Moroccan Christians do not see themselves as contradicting national values.

“Moroccan Christians are proud to be Moroccan and desire the freedom to be legally recognized by the government,” he said.

Report from Compass Direct News