INDONESIA – Court decision upholding “defamation of religions” law is a major setback
3 May 2010 12:59 am

Dr. Agnes Callamard, Executive Director of ARTICLE 19, said that the decision to uphold defamation of religions law is a real setback to freedom of expression and other fundamental human rights in Indonesia which has, since the fall of President Suharto, seen notable progress. Continue to read the statement below by ARTICLE 19:
Dr. Agnes Callamard, Executive Director of ARTICLE 19, said that the
decision to uphold defamation of religions law is a real setback to
freedom of expression and other fundamental human rights in Indonesia
which has, since the fall of President Suharto, seen notable progress.
Continue to read the statement below by ARTICLE 19:

On Monday
19 April, Indonesia's Constitutional Court upheld the country's
controversial laws on "defamation of religions" or blasphemy. The legal
provisions, which impose criminal penalties of up to five years'
imprisonment on individuals or groups that "deviate" from the basic
teachings of the official religions, seriously threaten the rights to
freedom of expression and freedom of thought, conscience and religion
in Indonesia, especially in relation to minority groups.

"This
decision is a real setback to freedom of expression and other
fundamental human rights in Indonesia which has, since the fall of
President Suharto, seen notable progress. Instead of protecting
minority groups from discrimination, the court's decision will
encourage hard-line religious groups to continue to attack them," says
Dr. Agnes Callamard, Executive Director of ARTICLE 19.

On 11
March ARTICLE 19, Amnesty International, the Cairo Institute for Human
Rights Studies and the Egyptian Initiative for Personal Rights filed an
amicus curiae brief with the Court in support of repealing the laws.

The
decision to file the amicus was motivated by concern for the human
rights situation of religious minorities in Indonesia, who have been
targeted for a range of human rights abuses by both state and non-state
actors. At least 11 people have been sentenced to terms of imprisonment
of between six months and four years for, in whole or in part, having
violated legal provisions pertaining to blasphemy in the last two years.

"The
legislation continues to be used to imprison people for long periods of
time, simply for having practiced their religion openly. At the same
time those who attack minority religious groups such as the Ahmaddiyya
community have for the most part gone unpunished," says Sam Zarifi,
Amnesty International's Asia-Pacific Director.

The law on
defamation of religions was most recently used in 2008 when the
government issued a joint ministerial decree forbidding the Ahmadiyya,
a religious group who consider themselves a part of Islam, from
"conveying, endorsing or attempting to gain public support" for their
religious beliefs. The Ahmadiyya claim 200,000 followers in Indonesia.
They have come under attack by various groups in recent years because
some groups view them as heretical. In December 2009, a group of
residents, some claiming to be members of the Islamic Defenders Front
(FPI), raided a house in Tebet, South Jakarta while members of the
Ahmadiyya community held Friday prayers. According to witnesses, the
police did nothing to stop the attackers and instead detained six
Ahmadiyya "for their protection".

A coalition of human rights
activists, civil society organizations and prominent figures, including
the late former President Abdurrahman "Gus Dur" Wahid and progressive
Islamic scholar Siti Musdah Mulia, petitioned the Constitutional Court,
arguing that the 1965 law contravenes religious freedom as guaranteed
by the Constitution of Indonesia.

The organizations will
continue supporting those who defend the rights to freedom of
expression and freedom of thought, conscience and religion in Indonesia
and worldwide.