Indonesia: Tolerance draft bill ‘not the answer’

The chapters of the current draft, a copy of which was obtained by the Jakarta Globe, specifically regulate how people should spread their faith, celebrate religious holidays, construct places of worship, hold funerals and organize religious education.

Ahmadiyya Times | News Watch | Int'l Desk
Source/Credit: The Jakarta Globe
By Ulma Haryanto | November 15, 2011

A draft bill on religious harmony being prepared at the House of Representatives is likely to promote intolerance rather than counter it, a human rights watchdog said on Monday.

Lawmakers preparing the draft bill have touted it as providing a long-term solution for the religious conflicts plaguing the country. It was among the priority bills for this year, but it has remained unaddressed as the House has turned its attention to other issues.

However, the most recent draft of the bill, dated August this year, includes articles that are “discriminative” and “could threaten the country’s pluralism,” Setara Institute for Democracy and Peace researcher Ismail Hasani said on Monday.


“From early on, Setara has said  that in order to give the right treatment to a social problem, there has to be a carefully analyzed social diagnosis,” Ismail said, pointing out that the drafter of the bill had failed to consider weak law enforcement as a reason why many religious conflicts linger.

“Religious harmony can only be achieved if the state can guarantee everyone’s religious freedom and rights,” he said. “But the draft even fails to mention what responsibilities the state has. It also fails to acknowledge the importance of maintaining Indonesia’s pluralism.”

Setara deputy chairman Bonar Tigor Naipospos sad the current version of the bill was a “shortcut,” not a long-term solution.

“The bill pinpoints issues that are believed to be the source of conflicts, and then sets restrictive provisions around them,” Bonar said.

“There are articles that are unnecessary, as well as impossible to enforce.”

As an example, Bonar cited an article that requires the consideration of “the local community’s wisdom” prior to the construction of a place of worship.

“How exactly can you measure people’s wisdom? How do you define wisdom?” he said.

The chapters of the current draft, a copy of which was obtained by the Jakarta Globe, specifically regulate how people should spread their faith, celebrate religious holidays, construct places of worship, hold funerals and organize religious education.

Firdaus Mubarik, a spokesman for the embattled Indonesian Ahmadiyah Congregation (JAI), also was less than impressed.

“Our Constitution protects religious freedom, but instead of enforcing that, the government is caving in to the so-called majority,” he told the Globe.

Setara said it planned to submit an alternative draft to the House by the end of this month, alongside  groups with similar concerns such as the Jakarta Legal Aid Foundation (LBH Jakarta), the Institute for Policy Research and Advocacy (Elsam) and the Human Rights Working Group.

Abdul Kadir Karding, chairman of House Commission VIII, which oversees religious and social affairs, insisted the bill would ensure minority rights.

“When there is a non-Muslim person living in a Muslim community, he or she has the right to have the same access to services as the majority,” he said. “We want all people to understand the importance of respecting people from different religions.”

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