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 

India Finally Allows EU to Visit Orissa – But No Fact-Finding

After months of asking, delegation wins clearance to enter Kandhamal district.

NEW DELHI, January 29 (CDN) — Weary of international scrutiny of troubled Kandhamal district in Orissa state, officials yesterday finally allowed delegates from the European Union (EU) to visit affected areas – as long as they do no fact-finding.

A team of 13 diplomats from the EU was to begin its four-day tour of Kandhamal district yesterday, but the federal government had refused to give the required clearance to visit the area, which was wracked by anti-Christian violence in 2008. A facilitator of the delegation said that authorities then reversed themselves and yesterday gave approval to the team.

The team plans to visit Kandhamal early next month to assess the state government’s efforts in rehabilitating victims and prosecuting attackers in the district, where a spate of anti-Christian violence in August-September 2008 killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

When the federal government recommended that Orissa state officials allow the delegation to visit the area, the state government agreed under the condition that the diplomats undertake no fact-finding, according to the Press Trust of India (PTI) news agency. The government stipulated to the EU team, led by the deputy chief of mission of the Spanish embassy, Ramon Moreno, that they are only to interact with local residents. The delegation consented.

Delegates from the EU had also sought a visit to Kandhamal in November 2009, but the government denied permission. The diplomats from Denmark, Sweden, Norway, Iceland and Finland were able to make it only to the Orissa state capital, Bhubaneswar, at that time.

Ironically, three days before the government initially denied permission to the EU team, the head of the Hindu nationalist Rashtriya Swayamsevak Sangh (RSS), Mohan Bhagwat, visited Orissa and addressed a huge rally of its cadres in Bhubaneswar, reported PTI on Tuesday (Jan. 26).

While Bhagwat was not reported to have made an inflammatory speech, many Christians frowned on his visit. It is believed that his organization was behind the violence in Kandhamal, which began after a leader of the Vishwa Hindu Parishad (World Hindu Council or VHP), Swami Laxmanananda Saraswati, was killed by Maoists (extreme Marxists) on Aug. 23, 2008. Hindu extremist groups wrongly blamed it on local Christians in order to stir up anti-Christian violence.

On Nov. 11, Orissa Chief Minister Naveen Patnaik told the state assembly House that 85 people from the RSS, 321 members of the VHP and 118 workers of the Bajrang Dal, youth wing of the VHP, were rounded up by the police for the attacks in Kandhamal.

EU’s Indictments

It is believed that New Delhi was hesitant to allow EU’s teams into Kandhamal because it has indicted India on several occasions for human rights violations. Soon after violence broke out in Kandhamal, the European Commission, EU’s executive wing, called it a “massacre of minorities.”

Indian Prime Minister Dr. Manmohan Singh, who was attending the ninth India-EU summit in France at the time of the violence, called the anti-Christian attacks a “national shame.” French President Nicolas Sarkozy, head of the European Council, and Jose Manuel Barroso, president of the European Commission, took up the issue “strongly with Singh,” reported The Times of India on Sept. 30, 2008.

On Aug. 17, 2009, the EU asked its citizens not to visit Kandhamal in an advisory stating that religious tensions were not yet over. “We therefore advise against travel within the state and in rural areas, particularly in the districts of Kandhamal and Bargarh,” it stated.

The EU’s advisory came at a time when the state government was targeting the visit of 200,000 foreign tourists to Orissa, noted PTI.

Kandhamal Superintendent of Police Praveen Kumar suggested that the advisory was not based on truth.

“There is no violence in Kandhamal since October 2008,” he told PTI. “The people celebrated Christmas and New Year’s Day as peace returned to the tribal dominated district.”

Before denying permission to the EU, the Indian government had restricted members of a U.S. panel from coming to the country. In June 2009, the government refused to issue visas for members of the U.S. Commission on International Religious Freedom (USCIRF) to visit Orissa. The panel then put India on its “Watch List” for the country’s violations of religious freedom.

Tensions Remain

Local human rights activist Ajay Singh said that while the state government had made some efforts to rehabilitate the victims, a lot more needed to be done.

An estimated 300 families are still living in private relief camps in Kandhamal, and at least 1,200 families have left Kandhamal following the violence, he said. These families have not gone back to their villages, fearing that if they returned without converting to Hinduism they would be attacked, he added.

Singh also said that authorities have asked more than 100 survivors of communal violence living in an abandoned market complex known as NAC, in G. Udayagiri area of Kandhamal, to move out. He said it is possible they were asked to leave because of the intended visit of the EU team.

Of the more than 50,000 people displaced by the violence, around 1,100 have received some compensation either from the government or from Christian and other organizations, he added.

Additionally, the state administration has to do much more in bringing the attackers to justice, said a representative of the Christian Legal Association. Of the total 831 police cases registered, charges have been filed in around 300 cases; 133 of these have been dropped due to “lack of evidence,” said the source.

Report from Compass Direct News