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

ABORTION LAW REFORM PASSED IN AUSTRALIA: A DAY OF BETRAYAL

The passing of the infamous Abortion Law Reform Bill by the Victorian Legislative Assembly marks a day of shame in the history of human rights in the State of Victoria, says Ken Orr, the spokesperson for Right to Life New Zealand Inc. The first duty of the State is to protect the right to life of all of its citizens. It has a special duty to protect the lives of the weak and defenceless in society. The State has an overwhelming interest and duty to protect the lives of its future citizens. The unborn child is a member of the human family and is the weakest and most defenceless member of society. The Bill also denies the personhood of the unborn child. We should remember that it was the denial of the personhood of the Negro that gave the world slavery and the denial of the personhood of the Jew that gave us the holocaust. It is the denial of the personhood of the unborn that is giving us the abortion holocaust.

Human rights are conferred by our Creator, not by the State or by the community. The unborn child is a bearer of human rights. At conception the unborn child is conferred with an inalienable right to life. and should be accorded the respect due to the human person. The passing of this Bill entails the State withdrawing its legal protection for the human rights of the unborn child. It is now no longer a crime to kill an unborn child. This is a violation of the rights of the child. It is also a violation of the human rights of the mother who has a right to have the protection of the State for herself and for her child. The Bill is thus an attack on the dignity of women and of motherhood. The Bill is falsely touted as an empowering victory for women, it is not, it represents further oppression. A woman distressed with an unplanned pregnancy deserves from the community love, compassion and help, not assistance to destroy her child.

The Bill will encourage the further exploitation and abuse of women. Studies have linked abortion to increased substance abuse, suicide and psychiatric ill health. Studies conducted overseas reveal that 64% of women who have an abortion are coerced by the father of the child, family and friends. This Bill will further encourage men to coerce women into having an abortion against their will with threats of abandonment and violence in order to reject their responsibilities for the mother and the child they have fathered.

The Bill is also a violation of the conscience of doctors. The Bill makes it obligatory for a doctor whose conscience is opposed to abortion to refer the women seeking an abortion to another doctor who is prepared to destroy the child. The unborn child is a patient; a doctor has a duty to do no harm and maintain the utmost respect for human life from the moment of conception. This Bill is a threat to the lives of the unborn of every other State and New Zealand.

Report from the Christian Telegraph

INDIA: TWO STATES WARNED AGAINST ALLOWING PERSECUTION

More attacks launched in Orissa and Karnataka; Orissa archbishop threatened with death.

NEW DELHI, September 19 (Compass Direct News) – After three weeks of widespread attacks on Christians and their property in Orissa state and other parts of the country, the federal government finally warned two states that their failure to prevent violence could lead to the imposition of “President’s Rule.”

As more incidents of violence were reported from Orissa and the southern state of Karnataka yesterday, the federal government ruled by the United Progressive Alliance (UPA) issued an official warning to the two states under Article 355 of the Indian Constitution, Indo-Asian News Service (IANS) reported. The article requires state governments to function with due respect to constitutional provisions, setting up a potential showdown between the federal UPA, led by the Congress Party (Indian National Congress), and Orissa and Karnataka states ruled by the Hindu nationalist Bharatiya Janata Party (BJP).

The BJP is the largest opposition party at the federal level. The UPA also said it was keeping a close watch on the activities of Hindu extremist groups, including the Bajrang Dal, youth wing of the Vishwa Hindu Parishad (World Hindu Council or VHP), which is allegedly behind the ongoing violence, reported Press Trust of India.

The governments of the two states under the scanner suspected political motives behind the federal government’s move. The BJP today dared the federal government to impose President’s Rule in Karnataka.

“We dare the Centre to go a step ahead and implement Article 356 [empowering the federal government to impose emergency rule],” BJP spokesperson Ravi Shankar Prasad told IANS. “They will have to bear the consequences and the people of the country would give them a fitting reply.”

The Christian community, however, saw a ray of hope in the federal government’s move. Father Dominic Emmanuel of the Delhi Catholic Archdiocese told Compass that the federal government’s warning has brought “at least some consolation” to the country’s Christian community, which forms 2.3 percent of the total population.

The violence began following the assassination of a VHP leader and icon of Hindu nationalism, Laxmanananda Saraswati, and four of his disciples in Orissa’s Kandhamal district on Aug. 23. Although Maoists claimed responsibility for the murder, the VHP put the blame on local Christians, saying they killed him because he was resisting conversion of Hindus to Christianity.

While the state government says 24 people, mainly Christian, have died in the Orissa violence, the All India Christian Council (AICC) maintained that 45 Christians were confirmed dead and five more were still missing.

According to the AICC, 14 districts of Orissa witnessed violence with Kandhamal as the epicenter. It reported at least 50,000 people from 300 villages have been affected by the violence, with hundreds still hiding in forests, and 4,000 houses and 115 churches burned or destroyed.

 

New Attacks in Orissa

Incidents of violence continued in Orissa’s Kandhamal district. Mobs burned down two prayer houses on Wednesday night (Sept. 17) in Mundigarh and Lankagarh areas under Tumudibandh police station in Kandhamal, reported The Indian Express daily.

“The district administration foiled another attempt by the troublemakers to set afire the Phiringia police station last night,” the newspaper reported. “Both roads to the town, Phulbani-Phiringia and Gochhapada-Phiringia, were blocked by felling of trees.”

The administration, however, learned of the plan, cleared the blockade and moved security forces to the town.

Archbishop of Cuttack-Bhubaneswar Raphael Cheenath received a death threat.

“Just last week I received a chilling letter from Hindu groups which said ‘blood for blood, life for life.’ What can I do?” Cheenath said yesterday while at the Catholic Bishop Conference of India office in Delhi, according to IANS.

The letter stated that the archbishop, who has been staying in Bhubaneswar for three decades and whose house was stoned a few days ago, would be killed if he returned to Orissa. “They [Hindu groups] threatened to kill me,” he said. “Is this how civilized society behaves?”

Archbishop Cheenath, Delhi’s Archbishop Vincent Concessao and Father Babu Joseph, spokesman for the Catholic Church in India, met Prime Minister Manmohan Singh yesterday to apprise him of unabated violence in Orissa.

“Despite your consoling words and assurances, the violence still continues in some parts of Kandhamal,” they said in a memorandum, which carried a list of violent incidents that took place in Kandhamal after Sept. 11, when the Orissa state government told the Supreme Court of India that normalcy was returning in the district.

“Looting, arson and vandalism continue,” said the memorandum. “Security forces are mainly in the towns, main roads and are not moving to the interior parts of Kandhamal. Crimes are being freely committed by the culprits with impunity.”

Forced conversions from Christianity to Hinduism are continuing in the villages of Orissa, the memo said. “Christians are forced under threat of death, burning of their houses, or death of their relatives. After conversion, they have to burn their Bibles, religious articles and their own house, to prove that they are genuine Hindus. All other Hindu ceremonies are imposed on them.”

 

More Assaults in Karnataka

Attacks continued also in Karnataka. According to New Delhi-based Asian News International news agency, unidentified people launched attacks in three districts of the state on Wednesday (Sept. 17).

While a mob destroyed Bibles and other Christian literature and vandalized furniture the St. George Church in Ujire area of the Dakshina Kannada district, another group of people pelted a statue of the Virgin Mary with stones outside the St. Mary’s Church in Kolar district. Yet another group of people damaged furniture at a church in Chikamagalur district.

Hindu extremists in Karnataka began targeting Christians after the state education ministry served show-cause notices to over 2,000 Christian schools in the state for staying shut on Aug. 29 to protest the violence against Christians in Orissa.

Attacks on churches were reported from several parts of the state on consecutive Sundays following Aug. 29. The Bajrang Dal claimed responsibility for most of the attacks, which were mostly aimed at churches of the New Life Fellowship ministry.

The Karnataka state government today announced a probe by a retired judge of the high court into anti-Christian attacks, reported IANS.

Earlier this week, there were incidents of violent attacks on Christians and their institutions also in the southern states of Kerala, the north-central states of Madhya Pradesh and Uttar Pradesh, and Jharkhand state in the east.

 

Tensions in National Capital

On Wednesday (Sept. 17), a group of unidentified people believed to be Hindu extremists sought to create tensions in the national capital Delhi.

A mob forcibly took possession of a lawn in front of a Catholic church, God’s Light Church, in Trilokpuri area in East Delhi, reported the Evangelical Fellowship of India (EFI).

“The mob broke open an outside gate to the lawn as well as the inside gate leading from the church and threatened to construct a temple there,” EFI reported. “They have also locked the outside gate to the lawn/garden as well as the inside gate leading from the church to the lawn.”

The church building has been in the area since 1991.

“It is a well planned move to create a confrontation with the church in Delhi too after the incidents in the states of Orissa, Karnataka and Kerala,” EFI reported. “The miscreants have resorted to this step to gauge the reaction of the church before doing anything further.”

Supporters of the VHP also tried to harass a Christian institution in the neighboring state of Haryana.

The Rev. Madhu Chandra of the AICC said some VHP extremists filed a complaint with Hisar district authorities against a school run by the North India Christian Mission for closing the school “illegally” on Aug. 29, the day all Christian schools remained closed to protest violence in Orissa. The complaint, filed in Barwala town, also accused school personnel of “converting” students and people of the area, as if conversion were illegal in India.

The AICC will hold a rally in Vijayawada in the southern state of Andhra Pradesh tomorrow (Sept. 20) to urge the governments of affected states to arrest those responsible for the anti-Christian violence.

Dr. John Dayal, AICC secretary general, returned from Orissa yesterday and warned that the situation in the country was getting “out of hand.”

Report from Compass Direct News