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: AUTHORITIES BULLDOZE HISTORIC BUILDING IN LAND DISPUTE


Promise of negotiated settlement fades; Catholic leaders threatened with legal action.

HANOI, September 26 (Compass Direct News) – Authorities in Hanoi have responded to months of Catholic prayer vigils and demonstrations over disputed land by destroying the one-time residence of the papal nuncio in central Hanoi.

In suddenly bulldozing the land that once served as the Vatican embassy and residence near St. Joseph’s Cathedral last Friday (Sept. 19), the government broke its promise to Catholic leaders in February to negotiate a settlement concerning the property.

The destruction of the building held sacred by Catholics is the latest blow to Christians’ long struggle to get the government to return confiscated church properties. Catholic, Protestant and other religious leaders deemed the government response to peaceful Catholic pressure a serious setback for religious freedom.

Authorities cite Vietnamese law stipulating that lands subject to “land management and socialist land reform policies in place before 1991” cannot be considered.

On Monday (Sept. 22) the Vietnam News Agency reported that the Catholic Church ceded the Nha Chung Vatican Embassy property to the state in 1961 and that it would be turned into a library and park.

“Bookworms will soon be able to enjoy the facilities offered by a brand-new library, located at 42 Nha Chung Street, in Hoan Kiem District,” the state reported. “In addition to all of the services usually offered by a library, situated on the premises of an existing three-story, French-designed building surrounded by greenery and including a childrens’ playground, the renovation, which began last Friday, aims to better meet Hanoians’ demands for relaxation.”

Sources said Vietnam’s frequent pronouncements of new openness to religion, and the formation of a joint Catholic/government working committee regarding relationships with the Vatican and other outstanding matters, may have led Catholics to test the waters. Late last year Catholics began to hold prayer vigils outside the fence of the long-vacant Vatican Embassy seized by the government in the mid-1950s.

The historic building property on Nha Chung Street is adjacent to the Hanoi archbishop and cardinal’s residence and only a half block away from St. Joseph’s Cathedral in Hanoi’s Old Quarter.

The daily morning and evening prayer vigils began to draw large crowds, especially on Saturdays and Sundays, when thousands came to Masses at the cathedral. Authorities in a country where demonstrations are not allowed became seriously worried when warnings to stop went unheeded.

In discussion with Catholic leaders in late February, the government agreed to negotiate a settlement in good faith on the condition that Catholic leaders would call a halt to the prayer vigils. Archbishop of Hanoi Ngo Quang Kiet told Compass in April that after agreeing to a joint working committee, the government showed no sincerity in building relationships or in settling grievances.

In late August an aide to the archbishop told Compass in Hanoi that the twice daily prayer vigils had resumed. At that time about 100 people participated each time, but the number and intensity was growing. Catholic leaders made no secret of their appeal to prayer and assembled people as their only tools in their struggle with the government for redress on confiscated properties.

In recent weeks the Redemptorists at Thai Ha, also in Hanoi, also began prayer vigils to recover some of their large property. Over the years their part of an original plot of 60,000 square meters had been reduced by government confiscation to less than 2,000 square meters.

According to observers, the Catholics conducted themselves during their vigils with decorum and order as they reverently marched, prayed and sang. The government’s response however, quickly escalated from accusing the Catholics of interfering with traffic to accusing them of all night public disturbances – and then accusing Catholic leaders of inciting riots and breaking religion laws.

 

Catholic Leaders Warned

Authorities this week delivered a written warning to Archbishop Kiet warning him of “extreme action” if he did not stop the daily prayer vigils. They also issued a warning to four priests at a Hanoi church locked in the land dispute. The archbishop and priests are accused of “stirring the population” and encouraging illegal religious activity.

State and Hanoi city media releases and radio and TV coverage during September painted the Catholics in the worst possible light; sources said the media fabricated stories and paid people to speak against the Catholics. With no opportunity to make their side of the story known through Vietnam’s state-controlled media, Catholics are reporting events through VietCatholic News, Zenit and other overseas news sites.

Catholic calls for media to retract specific, demonstrably false stories and appeals to press laws have gone entirely unheeded. Rather, sources said, improbable accusations and vicious slander against Catholics sharply escalated.

Vietnam Cardinal Jean Baptiste Pham Minh Man, archbishop of Saigon, wrote a letter to all priests, religious and faithful on Monday (Sept. 22) denouncing the state’s media lies. Unrest is spreading throughout Vietnam’s Catholic community, believed to number more than 7 million, as the letter by the cardinal and others by bishops are read in the churches.

 

Thugs Bussed In

Demonstrations escalated this week with estimates of 7,000 to 10,000 people, including students gathered at Thai Ha on Wednesday night (Sept. 24). It was said to be the largest public demonstration since the Communist unification of Vietnam 33 years ago.

Wednesday afternoon (Sept. 24), hundreds of police and plainclothes officers tried to control an upset crowd of Catholics as a statue of the Virgin Mary was removed from the Vatican Embassy area under police protection and taken to an unknown location. The next day, sources said, authorities recruited gangs that included uniformed Communist youth league members and others and bussed them to the site, where they attacked Catholic protestors outside the archbishop’s residence.

Similar gangs destroyed property, including sacred items at Thai Ha, the same day.

The state media also announced that the 17,000-square meter Thai Ha Redemptorist property in Hanoi is also to be turned into a public park.

The reversion to old-style, default Communist repression involving violence cloaked in lies is also worrying to Vietnam’s Protestants, some of whom have joined Catholics in the prayer vigils.

Protestant leaders contacted by Compass were united in their disappointment in and condemnation of the government’s belligerent response to peaceful prayer vigils.

“Sadly, the government has again shown its true attitude toward religions,” said one Protestant leader. “We have doubted the sincerity of recent improvements, and now they have clearly shown everyone what is still in their hearts.”

Some Vietnam observers fear the government’s belligerence may be evidence of hard-liners’ ascendance in an ongoing struggle with more moderate reformers. The timing of this property destruction, some Vietnamese church leaders said, is calculated to take advantage of uncertainty in the United States, especially as elections draw near.  

Report from Compass Direct News