Date: Tuesday 10 February 2009
Subj: Kyrgyzstan: putting the repressive religion law in context
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
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KYRGYZSTAN: PUTTING THE REPRESSIVE RELIGION LAW IN CONTEXT
-- Threat to Kyrgyzstan is severe but repression is not the solution.
-- A window of opportunity remains open; but not for long.
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On 12 January 2009 Kyrgyzstan's President, Kurmanbek Bakiev, signed a new Religion Law despite it having been widely condemned as unconstitutional and contrary to internationally accepted human rights standards. (Link 1)
The repressive new Religion Law, which passed through the parliament under a cloud of secrecy on 6 November 2008, is highly repressive. Forum 18 reports: "Provisions that have caused concern to religious communities and human rights defenders include: a ban on children being involved in religious organisations; a ban on 'aggressive action aimed at proselytism'; a ban on the distribution of religious literature, print, and audio-video religious materials; and de facto compulsory re-registration of all registered religious organisations.
"The 12 January announcement on the presidential website trumpets the fact that 200 adult citizens permanently living in Kyrgyzstan will now be required before a religious community can apply for state registration, compared to 10 in the current Law. It says 10 registered religious organisations will be needed to form a 'religious association'." (Link 1)
Such restrictions virtually guarantee that small non-"traditional" fellowships -- i.e. those outside the state-approved traditional Muslim and Russian Orthodox structures -- particularly those in small towns and remote villages, will simply be ineligible for registration.
According to another source, the law further stipulates that the Minister of Justice can only register a religious organisation/church after local authorities, and then regional authorities, have approved the membership list, and local authorities have the power to decide if a particular religious organisation is needed in their area. The ban on children being involved in religious organisations puts an end to children's ministries such as summer camps and Sunday Schools, and even means parents cannot take their children to church with them. Religious organisations are obliged to report all donations for the purpose of taxation. Police and former KGB have the right to interrupt services and conduct searches at their will.
According to Forum 18, Kyrgyzstan's Human Rights Ombudsperson, Tursunbek Akun, condemned the signing of the law and has pledged to press the government for amendments.
REACTIONARY REPRESSION
In Kyrgyzstan, as in numerous other states, the decrease in liberty is directionally proportional to the increase in corruption.
As corruption increases, enriching and empowering an elite at the expense of the disenfranchised poor, grass roots' dissatisfaction and anger mount until the state's stability is threatened.
Corrupt, dictatorial regimes react to the threat by increasing repression. If the primary source of opposition comes from religious groups or religious parties, then religious repression will intensify. However, such reactionary repression only serves to popularise and empower the opposition. Reactionary repression thus fuels an escalating cycle of violence where protest leads to repression which leads to greater protest and more intense repression and so on.
Only good governance (which lessens grievance) with liberty (which provides outlets for grievance to be lawfully expressed and ideas to be openly debated) can break the cycle. A corrupt regime that is deaf to its citizens and resistant to reform is vulnerable to revolution!
Herein lies the great threat to Kyrgyzstan. Escalating, endemic, systematic corruption is empowering the Islamic fundamentalist revolutionary group Hizb ut-Tahrir (HuT). HuT, which has perfected the art of exploiting grievance and victimhood for its own political ends, is a legitimate threat to the peace, security and secularity of Central Asia.
HuT INCITING REVOLUTIONARY VIOLENCE
Just like the Islamic Movement of Uzbekistan (IMU), Hizb ut-Tahrir (HuT) promotes Islam as the solution and advocates the establishment of an Islamic State ruled by Sharia Law. However, while the IMU is militant and engages in terrorism, HuT is political and advocates peaceful means to Islamic revolution. According to HuT ideology, when the Caliphate is restored it will establish a conventional Islamic Army that will advance Islam globally.
Since its emergence in Central Asia in the 1990s, HuT has espoused peaceful means. Furthermore it has employed peaceful means to further its radical, Islamist ideology: literature and audio-visual distribution, proselytism and teaching in small groups. However, over recent years HuT has become not only more sophisticated (branching into humanitarian relief and development), but more aggressive. HuT has begun inciting revolutionary violence.
Two events have emboldened HuT in this regard:
1) Krygyzstan's March 2005 "Tulip Revolution",
2) the propaganda coup secured in Andijan, Uzbekistan in May 2005.
Kyrgyzstan's 2005 "Tulip Revolution" was quite different from the so-called "colour revolutions" in Georgia (Rose, 2003) and Ukraine (Orange, 2004) as it was thuggish and violent. Furthermore, whilst the "revolutions" (regime changes) in Georgia and Ukraine were effected by genuinely pro-West (pro-NATO) forces, the "Tulip Revolution" was effected predominantly by poor HuT-incited Muslims bussed up to Bishek from the south, predominantly from Osh Province in the Fergana Valley.
Despite these glaring deficiencies, the "Tulip Revolution" was applauded in and legitimised by the West as yet another example of people-power democracy, simply because a "regime change" had occurred.
Immediately after the 14 March 2005 "Tulip Revolution", EurasiaNet's editor Justin Burke warned that it could turn out "that Islamic radicalism emerges as the ultimate winner of the Kyrgyz revolution".
Burke explained: "Allegations of vote-rigging served as the catalyst for the Kyrgyz revolution. But it was pent-up frustration among the population over persistent poverty and pervasive government corruption that packed the revolution with its explosive power. Many supporters of the revolution aren't necessarily interested in democracy; they are preoccupied simply with providing for themselves and their families.
"It is not too early to start worrying about the nightmare scenario of the Kyrgyz revolution -- one in which early hopes for a democratic transformation mutate into anxiety about the spread of Islamic radicalism. [. . .] In recent years, an extremist group that espouses non-violence tactics, Hizb-ut-Tahrir, has intensified its agit-prop activities aimed at overthrowing all the existing regimes in Central Asia and establishing an Islamic caliphate. The next few weeks are critical. If the provisional government can harness the revolutionary forces and keep political infighting to a minimum until new presidential and parliamentary elections are held, Kyrgyzstan will stand a chance of establishing Central Asia's first genuinely pluralistic political system. However, there is no guarantee at this time that the provisional government can accomplish these basic tasks. If it falters, and if Kyrgyzstan is saddled with a weak central government, Islamic radical groups may find themselves a new safe haven for international terrorist operations." (Link 2)
It was the "success" of the March 2005 "Tulip Revolution" that motivated Akramiya -- an offshoot of Hizb ut-Tahrir in Uzbekistan -- to attempt a "colour revolution" of its own. In May 2005, Akramiya organised a peaceful rally for justice in Andijan, in the Fergana Valley in Uzbekistan, which it then used as a cover for its violent coup d'etat attempt. When the security forces arrived to contend with the armed Islamic revolutionaries who had set fire to the court house and jail, killing guards and releasing prisoners, the militants, in an act of unspeakable betrayal and evil, used peaceful protestors as human shields, guaranteeing a high civilian death toll. While the Islamists failed to topple the government, they scored a major propaganda coup when the West, which was all too quick and eager to swallow the Islamist deception wholesale, reacted with strong one-sided condemnation of and sanctions against the Uzbek authorities.
Uzbekistan, believing its ally in the War on Terror had abandoned it, withdrew from Western rapprochement and assumed an anti-West and anti-Protestant stance. The break down in Uzbekistan-West relations had negative consequences on religious liberty. Years of slow but certain religious liberty reform were instantly undone and severe persecution returned. (For full background and analysis, see Link 3.)
Meanwhile in Kyrgystan, HuT has gone from strength to strength, popularised and empowered by escalating corruption and repression.
A "DECEPTIVE CALM" INDEED
On 14 August 2008, International Crisis Group (ICG) published a report entitled "Kyrgyzstan: A Deceptive Calm". (Link 4)
ICG describes a government lurching towards totalitarianism over a sidelined and increasingly apathetic opposition. ICG remarks: "A superficial calm has overtaken the usually boisterous political scene. This calm may, however, prove deceptive, given worsening corruption, increasing disillusionment with politics and a series of major economic crises that could strike before year's end."
The ICG report goes to great lengths to paint a picture of Krygyzstan: a power-hungry government; rising HIV/AIDS due primarily to drug trafficking (from Afghanistan, through Osh to Russia and the West) and soaring drug addiction; growing north-south tensions; endemic and systematic corruption; looming food and energy crises; and widespread poverty -- around 40 percent of the population live below the poverty line while the standard "basket" of goods and commodities costs ten times the minimum wage. Yet, for all this excellent background, the ICG report makes not one single mention of Hizb ut-Tahrir -- or even "Islam".
On 1 October 2008, only six weeks after ICG reported on Kyrgyzstan's "deceptive calm", a reported 1000 Muslims rioted in the strongly Muslim southern Fergana Valley town of Nookat in Osh province.
(Whilst Kyrgyzstan's capital of Bishek and the rest of the north comprises largely Russiafied Kyrgyz, the south has a large ethnic Uzbek minority and is increasingly staunchly Muslim.)
Nookat Muslims had asked the local authorities to sponsor the Muslim community's Eid al Fitr celebrations -- which traditionally mark the end of Ramadan -- in the city centre. When the local authorities refused and offered a local sports stadium as an alternative venue, a riot ensued. (Note: most human rights groups say "protest".)
With incitement from elements of Hizb ut-Tahrir, a reported 1000 Muslims rioted, throwing stones at police and smashing the windows and doors of the local government offices. Five police were injured and riot police had to be brought in from Osh city to disperse the mob with tear gas.
Numerous reports, including Kyrgyz ones, blame the riot on "government insensitivity" towards Muslim needs, as if destructive, violent rioting can ever be justified. (Link 5)
Thirty-two Uzbek and Kyrgyz Muslims, all reportedly members of Hizb ut-Tahrir, were arrested and subsequently charged with incitement to cause mass unrest, overthrow the authorities and create ethnic or religious strife. They were sentenced to long, harsh prison terms which advocates hope will be reduced upon appeal, particularly in the case of minors. (Link 6)
The local, provincial and central authorities should all have seen this coming. Indeed they should have spent the year preparing for Eid 2008, building relationships and negotiating, with the aim of marginalising HuT and circumventing a repeat of the debacle of Eid 2007.
In October 2007 Nookat's local authorities supported the community's Eid al Fitr celebrations in the town centre until it became clear that some 300 HuT members had "hijacked" the event.
Abdygany Aliev, head of the Nookat district administration told the Institute for War and Peace Reporting (IWPR): "At first, we welcomed the initiative to hold a big celebration of the Muslim feast. But Hizb-ut-Tahrir activists started using this event for their own ends." According to IWPR: "Before the Eid festival, about 1,000 people signed a petition calling on the [secular] government to fund the celebrations, and also to pay for a new state school for girls who want to follow the Muslim dress code. Hizb-ut-Tahrir members told IWPR they helped with logistical arrangements for the party." (Link 7)
The Nookat authorities reacted to the HuT "hijacking" of the Eid event by moving in and cracking down harshly, disrupting the peaceful, joyous celebration; dispersing the crowds and confiscating equipment used in food preparation. Several of those arrested were severely beaten by police. IWPR reported: "Hizb-ut-Tahrir says the authorities' actions caused widespread discontent among Nookat residents, and the event transformed into a demonstration involving some 15,000 people." (Link 7)
The 1 October 2008 Nookat riot (especially when seen in the light of the October 2007 Eid al Fitr debacle) goes some way to explaining why the draconian Religion Law passed so easily through the parliament on 6 November 2008 and was subsequently signed into law by the President on 12 January 2009 despite protests from the "international" community. While being profoundly short-sighted and self-defeating, increasing repression is just so much easier than dealing with complex systemic problems that require profound government reform.
PROTESTANTS CAUGHT IN THE LAW'S NET
There is little doubt that Kyrgyzstan's new repressive Religion Law is designed to curtail the very real and serious threat posed by an ascendant Hizb ut-Tahrir. According to Eurasianet, on 28 January 2008 Prime Minister Viktor Chudinov announced as much when ordered into action a plan to combat the "spread of religious extremism" over the next three years. The only group identified by name was the "religious extremist party Hizb-ut Tahrir". (Link 8)
However, not the Muslims nor the Russian Orthodox nor the government seems concerned that Protestants and other small religious groups, who do not threaten or harm anyone, are going to be unjustly and unconstitutionally caught up in the Law's net.
The situation is complicated by two other issues that need to be addressed in the context of religious liberty advocacy:
1) the adversarial and detrimental nature of "New Cold War" geopolitics combined with the complicity of the (Protestant) West in the so-called "Colour Revolutions" that have brought regime change (but not necessarily stability or improved governance) to several former-Soviet states;
2) the fact that the region's "traditional" religions -- state-approved "traditional" Islam and the Russian Orthodox Church -- are more interested in securing hegemony than supporting religious liberty or expressing solidarity with their brethren, whom they refuse to recognise as such.
The adversarial and detrimental nature of "New Cold War" geopolitics not only negatively impacts religious liberty, it also has a serious, detrimental effect of regional and global security. The Taliban has strangled NATO's primary supply-line into Afghanistan (Peshawar to Kabul/Bagram via the Khyber Pass). So NATO is now is seeking to establish a new supply-line coming into Afghanistan from Central Asia in the north. But Kyrgyzstan has just expelled the US from the Manas air base, not primarily because Kyrgyzstan is anti-American, but because it knew it could play Russia and the US against each other for its own gain. Russia won, not because it wants the Taliban to win in Afghanistan, but because it wants the US to negotiate with Russia on Russia's terms. The US may also have to consider making deals with Iran for the use of Chabahar port on the Persian Gulf. Meanwhile the Taliban are preparing a cataclysmic Spring offensive.
Local security is also threatened by a repression of religious liberty. So as to be clear to Kyrgyzstan's southern Muslims that a Sharia-enforcing Caliphate is not the solution, the government must provide solutions -- practical and ideological.
Whilst the Institute for War and Peace Reporting did blame the Noorkat riot on "official insensitivity" (instead of official negligence combined with Islamic belligerence), it did quote several analysts who understood that the government needs to do more to stop Islamic radicals channelling grass-roots discontent.
Among them was Miroslav Niazov, a former government official. "Niazov believes that support for Hizb ut Tahrir in Kyrgyzstan is growing not because people espouse radical ideologies, but because they are profoundly unhappy with government policies and lack of responsiveness."
Another was Kadyr Malikov, an academic who specialises in Islamic studies.
"According to Malikov, the government and its allies need to tackle Hizb ut-Tahrir head on by addressing the same issues that it highlights -- among them poverty -- and setting out arguments to counter its extreme views.
"Malikov said influential Muslim religious leaders had a large role to play in changing popular attitudes to Hizb ut-Tahrir. They must do more than talk, he said, recommending instead 'practical grassroots work to tackle poverty, supported by local government'. 'This conflict [in Nookat] is the first serious alarm-bell signalling a need to change the strategy and methods for countering Hizb ut-Tahrir,' he said." (Link 5)
Protestants too could have a part to play to play in this, but that would require complete religious liberty including the right to convert and the right to criticise or scrutinise religion.
Without profound reform, Krygyzstan will remain stuck in a destructive cycle that is destined to further popularise and empower HuT.
Such a scenario leaves all religious liberty advocates concerned that Kyrgyzstan's next "revolution" -- a virtual certainty unless there is reform -- might be the Islamic revolution HuT is seeking.
If HuT does make a serious attempt at Islamic revolution it could trigger civil war and regional jihad. If Islam is victorious then all hopes of religious liberty reform will be crushed for the foreseeable future.
These are critical, pivotal days for religious liberty and advocacy of good governance in Kyrgyzstan. It is possible that only a small window of opportunity remains.
Elizabeth Kendal
Links
1) KYRGYZSTAN: President's signing of restrictive Religion Law condemned
By Felix Corley, Forum 18 News Service; 13 Jan 2009
http://www.forum18.org/Archive.php?article_id=1240
2) KYRGYZSTAN'S REVOLUTION: Be careful what you wish for.
A EurasiaNet Commentary by Justin Burke, 25 March 2005
http://www.eurasianet.org/departments/insight/articles/eav032505.shtml
ALSO for more on the Tulip Revolution SEE:
The Tulip Revolution takes root
By Pepe Escobar 26 March 2005
http://www.atimes.com/atimes/Central_Asia/GC26Ag03.html
3) Uzbekistan: a new wave of serious persecution may be just beginning
WEA Religious Liberty News & Analysis 23 March 2007
http://www.worldevangelicals.org/news/article.htm?id=984&cat=main
4) Kyrgyzstan: A Deceptive Calm
Asia Briefing No.79, 14 August 2008
http://www.crisisgroup.org/home/index.cfm?id=5627&CFID=58794820&CFTOKEN=16075927
5) Kyrgyzstan: Islamic Protest Sparked by Official Insensitivity
Analysts say government needs to do more to stop Islamic radicals channelling grassroots discontent.
By Yrys Kadykeev in Bishkek (RCA No. 551, 14-Oct-08)
http://www.iwpr.net/?p=rca&s=f&o=347137&apc_state=henfrca347131
6) Controversy Over Kyrgyz Protest Sentences
Sentences of up to 20 years seen as warning to other protesters, rather than justice.
By Mirgul Akimova and Ayday Tokonova in Bishkek and Regina Kalpanazar in Osh. (RCA No. 558, 12-Dec-08)
http://www.iwpr.net/index.php?apc_state=hen&s=o&o=l=EN&p=rca&s=f&o=348494
7) Islamic Group Quietly Builds Support in Kyrgyzstan
Kyrgyz government seems to be unable to stop the growth of popular support for Hizb-ut-Tahrir in the south.
By Abdumomun Mamaraimov in Jalalabad (RCA No. 516, 16-Nov-07)
http://www.iwpr.net/?p=rca&s=f&o=340673&apc_state=henh
8) KYRGYZSTAN: New effort aggressively counters Hizb ut-Tahrir, religious extremism.
By Bruce Pannier, 15 Feb 2008
A EurasiaNet Partner Post from RFE/RL
http://www.eurasianet.org/departments/insight/articles/pp021508.shtml
Tuesday, February 10, 2009
Tuesday, January 27, 2009
SAUDI CHRISTIAN BLOGGER ARRESTED
Date: Tuesday 27 January 2009
Subj: Saudi Arabia: Christian Blogger Arrested
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
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SAUDI CHRISTIANITY AND THE CULTURE OF NO LIBERTY IN THE LAND OF NO DIFFERENCE.
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SAUDI CHRISTIAN BLOGGER ARRESTED
The Arabic Network for Human Rights Information (ANHRI) reports that on 13 January 2009, Saudi police arrested Hamoud Bin Saleh and blocked access to his blog -- "Masihi Saudi - http://christforsaudi.blogspot.com " -- because of his opinions and his testimony that he had converted from Islam to Christianity. According to ANHRI, Hamoud Bin Saleh is incarcerated in the infamous Eleisha political prison in Riyadh. (Link 1)
ANHRI reports: "The 28-year-old alumni of the al Yarmouk University in Jordan has been arrested twice before; for nine months in 2004 and last November [2008]." On that occasion (November 2008) Saudi authorities released Hamoud prior to the Saudi-sponsored, UN-run "Culture of Peace" conference that was held in the UN Headquarters in New York on 12-13 November 2008. King Abdullah did not want to put his public relations coup at risk, and clearly it would have been inappropriate for Saudi Arabia's King Abdullah to stand up and lament mankind's "preoccupation with differences between the followers of religions" (see link 2) while his religious police were abusing a young Saudi intellectual detained purely for his different religion. However once the Saudi-sponsored "Culture of Peace" conference had passed, Hamoud Bin Saleh was re-arrested for professing a different religion.
ANHRI holds great fears for Hamoud's life, concerned that the Saudi authorities might seize the opportunity to make an example of him while the world's eyes are fixed on the situation in Gaza.
As ANHRI notes: "The young man committed no crime and the only thing he has done is exercising his normal right to express his opinions and beliefs, which must not be violated under whatever pretext.
"ANHRI condemns Saleh's arrest and holds the Saudi government fully responsible for his safety. It also demands his immediate release and calls on the Saudi government to meet its commitments and the Saudi king's statements about the respect of freedom of expression and religious tolerance."
THE REALITY OF SAUDI BLOGGING
On 10 December 2007, Fouad Ahmad al-Farhan (32) became the first Saudi to be arrested in Saudi Arabia over the content of a blog. US-educated Farhan, an Information Technology (IT) specialist who is married with two children, was arrested in Jeddah after using his blog to criticise the Interior Ministry Spokesman.
Al- Farhan was a very popular blogger who exposed corruption and appealed for political reform. A huge campaign was subsequently launched calling for his release. Al-Farhan was release on 26 April 2008 after being interrogated and held in solitary confinement for over four months. He was unique amongst Saudi bloggers in that he refused to seek refuge in anonymity and blogged openly under his real name.
According to a January 2008 article in the Washington Post: "Blogging has been on the rise in Saudi Arabia recently, allowing people to 'speak up' in a society where the media is censored and where political parties and public gatherings are banned. There are an estimated 600 bloggers in the kingdom, male and female, conservative and liberal, writing in English and Arabic." (Link 3)
THE REALITY OF SAUDI CHRISTIANITY
On 20 August 2008, the WEA Religious Liberty Prayer (RLP) ministry issued a prayer bulletin (RLP No. 492) entitled: "Saudi Arabia: shaken by apostasy and dissidence." (Link 4)
The case at the centre of the prayer bulletin was that of a young Saudi woman, Fatima Al-Mutairi (26), who revealed in her blog that she had converted to Christianity. When her brother (or father: reports vary), an officer with the Commission for Promotion of Virtue and Prevention of Vice, learned of her conversion, he reportedly cut out her tongue and burned her to death.
Gulf News reported: "The death of the girl sent shockwaves and websites where the victim used to write with various nicknames have allocated special space to mourn her, while some others closed temporarily in protest." (Link 5)
The RLP bulletin highlighted the tensions that are rising in totalitarian Islamic states where Islam is traditionally protected from "blasphemy" (criticism) and "apostasy" (rejection). Today globalisation and advances in information and communication technologies are providing avenues through which differing opinions and ideas infiltrate once closed, totalitarian societies. After discovering diversity, curious and enquiring minds then discover what it means to be living in a culture of no liberty in a land of no difference.
Shortly before her martyrdom, Fatima Al-Mutairi wrote and posted to her blog a poem she entitled "And we for the sake of Christ all things bear". The Barnabas Fund published an English translation of this poem on page 12 of its January-February 2009 newsletter (also available online: link 6).
In her poem Fatima's professes her love for Jesus Christ, and for her homeland, Saudi Arabia -- a love so strong she stands ready to die for both. She laments the cruel persecution while professing no fear and a commitment to remain "unto death a Christian".
She concludes her poem with this prayer:
"As to my last words, I pray to the Lord of the worlds
Jesus the Messiah, the Light of Clear Guidance
That He change notions, and set scales of justice aright
And that he spread Love among you, O Muslims."
Saudi authorities have long repressed and persecuted the kingdom's Christian expatriate workers, and forbidden Bibles, crosses and Christian literature from entering the country, believing that they can keep Christianity out of the Saudi population. But all the effort has been for naught, for Christianity has sprung up in its midst anyway.
"I am a Saudi and a Christian," said Fatima Al-Mutairi (26) before she was martyred.
"I am a Saudi and a Christian," said Hamoud Bin Saleh (28) before he was arrested.
Saudi authorities have no right to promote themselves as beacons of peace and religious tolerance until Saudi Christianity is recognised and Saudis themselves have religious liberty.
By Elizabeth Kendal
Links
1) KSA arrests blogger, blocks his blog. His life at risk as he embraced Christianity.
Arabic Network for Human Rights Information (ANHRI)
Cairo, 14 Jan 2009 (note: site mistakenly says 2008)
http://anhri.net/en/reports/2009/pr0114.shtml
ALSO
Blogger arrested after posting opinions, announcing his conversion to Christianity
País/Tema: Saudi Arabia
Fecha: 15 de enero de 2009
Fuente: Arabic Network for Human Rights Information (ANHRI)
Persona: Hamoud Bin Saleh
http://www.ifex.org/es/content/view/full/99886/
2) King Abdullah address at the UN Peace through Dialogue meeting
Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz address to the High Level Meeting of the United Nations General Assembly on Peace Through Dialogue, New York, November 12, 2008
http://www.saudiembassy.net/2008News/Statements/SpeechDetail.asp?cIndex=732
3) Dissident Saudi Blogger Is Arrested. 1 January 2008
By Faiza Saleh Ambah, Washington Post Foreign Service
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/31/AR2007123101915.html
ALSO: Blogger who dared to expose Saudi corruption is arrested
By Claire Soares, 3 January 2008
http://www.independent.co.uk/news/world/middle-east/blogger-who-dared-to-expose-saudi-corruption-is-arrested-767807.html
ALSO: Saudi official: why popular blogger Farhan was jailed.
(Interior Ministry spokesman Gen. Mansour Al Turki told the Christian Science Monitor that Fouad Farhan had been jailed for violating his (Al-Turki's) rights by criticizing and offending him.)
http://www.csmonitor.com/2008/0428/p07s02-wome.html
4) WEA Religious Liberty Prayer bulletin No. 492, 20 Aug 2008
Saudi Arabia: shaken by apostasy and dissidence.
5) Saudi man kills daughter for converting to Christianity
By Mariam Al Hakeem, 12 August 2008.
http://www.gulfnews.com/News/Gulf/saudi_arabia/10236558.html
6) Barnabas Fund January/February 2009 newsletter
https://barnabasfund.org/pdfdocs/BFAIDJ-F09.pdf
Subj: Saudi Arabia: Christian Blogger Arrested
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
---------------------------------------------------------
SAUDI CHRISTIANITY AND THE CULTURE OF NO LIBERTY IN THE LAND OF NO DIFFERENCE.
---------------------------------------------------------
SAUDI CHRISTIAN BLOGGER ARRESTED
The Arabic Network for Human Rights Information (ANHRI) reports that on 13 January 2009, Saudi police arrested Hamoud Bin Saleh and blocked access to his blog -- "Masihi Saudi - http://christforsaudi.blogspot.com " -- because of his opinions and his testimony that he had converted from Islam to Christianity. According to ANHRI, Hamoud Bin Saleh is incarcerated in the infamous Eleisha political prison in Riyadh. (Link 1)
ANHRI reports: "The 28-year-old alumni of the al Yarmouk University in Jordan has been arrested twice before; for nine months in 2004 and last November [2008]." On that occasion (November 2008) Saudi authorities released Hamoud prior to the Saudi-sponsored, UN-run "Culture of Peace" conference that was held in the UN Headquarters in New York on 12-13 November 2008. King Abdullah did not want to put his public relations coup at risk, and clearly it would have been inappropriate for Saudi Arabia's King Abdullah to stand up and lament mankind's "preoccupation with differences between the followers of religions" (see link 2) while his religious police were abusing a young Saudi intellectual detained purely for his different religion. However once the Saudi-sponsored "Culture of Peace" conference had passed, Hamoud Bin Saleh was re-arrested for professing a different religion.
ANHRI holds great fears for Hamoud's life, concerned that the Saudi authorities might seize the opportunity to make an example of him while the world's eyes are fixed on the situation in Gaza.
As ANHRI notes: "The young man committed no crime and the only thing he has done is exercising his normal right to express his opinions and beliefs, which must not be violated under whatever pretext.
"ANHRI condemns Saleh's arrest and holds the Saudi government fully responsible for his safety. It also demands his immediate release and calls on the Saudi government to meet its commitments and the Saudi king's statements about the respect of freedom of expression and religious tolerance."
THE REALITY OF SAUDI BLOGGING
On 10 December 2007, Fouad Ahmad al-Farhan (32) became the first Saudi to be arrested in Saudi Arabia over the content of a blog. US-educated Farhan, an Information Technology (IT) specialist who is married with two children, was arrested in Jeddah after using his blog to criticise the Interior Ministry Spokesman.
Al- Farhan was a very popular blogger who exposed corruption and appealed for political reform. A huge campaign was subsequently launched calling for his release. Al-Farhan was release on 26 April 2008 after being interrogated and held in solitary confinement for over four months. He was unique amongst Saudi bloggers in that he refused to seek refuge in anonymity and blogged openly under his real name.
According to a January 2008 article in the Washington Post: "Blogging has been on the rise in Saudi Arabia recently, allowing people to 'speak up' in a society where the media is censored and where political parties and public gatherings are banned. There are an estimated 600 bloggers in the kingdom, male and female, conservative and liberal, writing in English and Arabic." (Link 3)
THE REALITY OF SAUDI CHRISTIANITY
On 20 August 2008, the WEA Religious Liberty Prayer (RLP) ministry issued a prayer bulletin (RLP No. 492) entitled: "Saudi Arabia: shaken by apostasy and dissidence." (Link 4)
The case at the centre of the prayer bulletin was that of a young Saudi woman, Fatima Al-Mutairi (26), who revealed in her blog that she had converted to Christianity. When her brother (or father: reports vary), an officer with the Commission for Promotion of Virtue and Prevention of Vice, learned of her conversion, he reportedly cut out her tongue and burned her to death.
Gulf News reported: "The death of the girl sent shockwaves and websites where the victim used to write with various nicknames have allocated special space to mourn her, while some others closed temporarily in protest." (Link 5)
The RLP bulletin highlighted the tensions that are rising in totalitarian Islamic states where Islam is traditionally protected from "blasphemy" (criticism) and "apostasy" (rejection). Today globalisation and advances in information and communication technologies are providing avenues through which differing opinions and ideas infiltrate once closed, totalitarian societies. After discovering diversity, curious and enquiring minds then discover what it means to be living in a culture of no liberty in a land of no difference.
Shortly before her martyrdom, Fatima Al-Mutairi wrote and posted to her blog a poem she entitled "And we for the sake of Christ all things bear". The Barnabas Fund published an English translation of this poem on page 12 of its January-February 2009 newsletter (also available online: link 6).
In her poem Fatima's professes her love for Jesus Christ, and for her homeland, Saudi Arabia -- a love so strong she stands ready to die for both. She laments the cruel persecution while professing no fear and a commitment to remain "unto death a Christian".
She concludes her poem with this prayer:
"As to my last words, I pray to the Lord of the worlds
Jesus the Messiah, the Light of Clear Guidance
That He change notions, and set scales of justice aright
And that he spread Love among you, O Muslims."
Saudi authorities have long repressed and persecuted the kingdom's Christian expatriate workers, and forbidden Bibles, crosses and Christian literature from entering the country, believing that they can keep Christianity out of the Saudi population. But all the effort has been for naught, for Christianity has sprung up in its midst anyway.
"I am a Saudi and a Christian," said Fatima Al-Mutairi (26) before she was martyred.
"I am a Saudi and a Christian," said Hamoud Bin Saleh (28) before he was arrested.
Saudi authorities have no right to promote themselves as beacons of peace and religious tolerance until Saudi Christianity is recognised and Saudis themselves have religious liberty.
By Elizabeth Kendal
Links
1) KSA arrests blogger, blocks his blog. His life at risk as he embraced Christianity.
Arabic Network for Human Rights Information (ANHRI)
Cairo, 14 Jan 2009 (note: site mistakenly says 2008)
http://anhri.net/en/reports/2009/pr0114.shtml
ALSO
Blogger arrested after posting opinions, announcing his conversion to Christianity
País/Tema: Saudi Arabia
Fecha: 15 de enero de 2009
Fuente: Arabic Network for Human Rights Information (ANHRI)
Persona: Hamoud Bin Saleh
http://www.ifex.org/es/content/view/full/99886/
2) King Abdullah address at the UN Peace through Dialogue meeting
Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz address to the High Level Meeting of the United Nations General Assembly on Peace Through Dialogue, New York, November 12, 2008
http://www.saudiembassy.net/2008News/Statements/SpeechDetail.asp?cIndex=732
3) Dissident Saudi Blogger Is Arrested. 1 January 2008
By Faiza Saleh Ambah, Washington Post Foreign Service
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/31/AR2007123101915.html
ALSO: Blogger who dared to expose Saudi corruption is arrested
By Claire Soares, 3 January 2008
http://www.independent.co.uk/news/world/middle-east/blogger-who-dared-to-expose-saudi-corruption-is-arrested-767807.html
ALSO: Saudi official: why popular blogger Farhan was jailed.
(Interior Ministry spokesman Gen. Mansour Al Turki told the Christian Science Monitor that Fouad Farhan had been jailed for violating his (Al-Turki's) rights by criticizing and offending him.)
http://www.csmonitor.com/2008/0428/p07s02-wome.html
4) WEA Religious Liberty Prayer bulletin No. 492, 20 Aug 2008
Saudi Arabia: shaken by apostasy and dissidence.
5) Saudi man kills daughter for converting to Christianity
By Mariam Al Hakeem, 12 August 2008.
http://www.gulfnews.com/News/Gulf/saudi_arabia/10236558.html
6) Barnabas Fund January/February 2009 newsletter
https://barnabasfund.org/pdfdocs/BFAIDJ-F09.pdf
Tuesday, December 16, 2008
INDONESIA: ISLAMISATION AND POLARISATION
Date: Tuesday 16 December 2008
Subj: Indonesia: Islamisation and Polarisation
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
INDONESIA: ISLAMISATION AND POLARISATION
-- religious freedom-related violence increasing
-- President enacts anti-pornography bill
RELIGIOUS FREEDOM-RELATED VIOLENCE INCREASING
The Jakarta Post reports: "Religious violence is on the rise in the world's largest Muslim country according to a report by the Wahid Institute http://www.wahidinstitute.org/ , which places the blame on the government for its failing to crack down on radical groups.
"The institute, a moderate Islamic think tank founded by former president Abdurrahman 'Gus Dur' Wahid to promote pluralism in Indonesia, reported that religious freedom-related violence had increased throughout the country, with 232 cases reported this year compared to 197 last year.
"Many of the incidences of violence were perpetrated by state authorities, according to the annual report released on Human Rights Day, Wednesday [10 Dec].
"'The acts of violence against religious freedom were 60 percent carried out by civilian groups and 33 percent by the state,' the report said.
"It said the state perpetrators included local administrations, police, legislators, courts and the Religious Affairs Ministry.
"Civilian perpetrators were identified as members of the Islam Defenders Front (FPI), the Indonesian Ulema Council (MUI) and the Communications Forum for Religious Harmony.
"The frequency and severity of the violence increased from last year, the report said. It noted that the government had been weak in administering punishment, which it said set a worrisome trend for the future.
"The institute said violations against religious freedom had come in the form of physical attacks, raids, destruction of houses of worship and accusations of apostasy and heresy . . . " (Link 1)
SBY ENACTS ANTI-PORN BILL
On 26 November 2008, President Susilo Bambang Yudhoyono (SBY) enacted a controversial anti-pornography law. Yudhoyono's special staff for legal affairs Denny Indrayana told The Jakarta Post: "It becomes Law No. 44/2008 on anti-pornography. The President signed it because it was already a national consensus." (Link 2)
Indrayana's statement is misleading on two counts: the law is not about pornography as much as it about Islamisation; and there is no national consensus.
The anti-pornography law was pushed through parliament in October by conservative Muslim parties including the Prosperous Justice Party (PKS) and the Crescent Star Party (or PBB). It passed in the legislature on 30 October to cries of "Allahu Akbar" (God is great). (Link 3)
Many analysts believe that SBY's enactment of the law is pure electioneering aimed at of securing the support of the Islamic parties ahead of the 2009 presidential elections. However, by this action he is also polarising the electorate and feeding regional instability.
The anti-pornography law is both staggeringly broad and hopelessly vague. Furthermore, as the law encourages citizens to report offences to police, there are concerns that Islamic vigilantes will seek to enforce its standards.
Indonesia's legislative elections are slated for April 2009, with the presidential election to be held three months later in July. Once again we are observing that oft-forgotten factor in multi-party politics: no party is as powerful as the one holding the balance of power, especially if that party also has the power to destabilise the State and bring down an elected government through the mobilisation of demonstrations, riots, crippling strikes and even sectarian conflict.
LAW No. 44/2008 ON ANTI-PORNOGRAPHY
The journal "Inside Indonesia" has published an excellent analysis of the anti-pornography law entitled "A law on pornography still divides the community", by Helen Pausacker, a PhD candidate at the University of Melbourne's Law School. (Link 4)
Pausacker tracks the progress of the law from when it first emerged in the 1990s as the Anti-Pornography and Porno-Action Bill only to lie dormant until 2005-06 when it was revived and hotly debated before the strength of outcry against it led to it being withdrawn.
Pausacker writes: "The bill that was proposed in 2005-06 would not just have criminalised hard pornography. It would also have made illegal many kinds of theatre and dance performances, art, forms of dress (such as baring the shoulders and legs) and behaviour of individuals (such as kissing on the lips in public), displaying 'sensual parts' of the body or 'erotic dancing'. 'Sensual parts' of the body were specifically defined in Article 4 of the Elucidation of the 2005-06 version of the bill as 'the genitals, thighs, hips, buttocks, navel and female breasts, whether in whole or in part'."
Clearly such a bill would trigger chaos in a state as diverse as Indonesia, where mature tribal Javanese and Melanesian women still go around bare breasted; Balinese women dance -- some may say erotically -- with navels showing; many Papuan men wear only penis-gourds; and many progressive Indonesians as well as tourists from all over the world enjoy wearing shorts, singlet-tops and even bikinis on the beaches. Furthermore, the proposed penalties were to be harsh, with hefty fines and lengthy prison terms.
Pausacker continues: "Two years later, in September 2008, legislators introduced a revised version of the bill to the legislature (DPR), with some of them hoping that it would be passed quickly. The outcry was again great -- five thousand people demonstrated in Bali and there were demonstrations in Yogyakarta. . . . However, despite the strong views expressed both in favour of and against the bill, it was eventually passed on 30 October 2008.
"When it became clear that there were sufficient numbers in the legislature to pass the bill, two parties -- Megawati Soekarnoputri's Indonesian Democratic Party-Struggle (PDIP) and the nationalist, Christian party, the Prosperous Peace Party (PDS) -- walked out of the debate in protest. Regional loyalty was also so strong that two Balinese legislators from Golkar, Lisnawati Karna and Gede Sumarjaya Linggih, walked out when Golkar stated its approval of the bill. . . . The 30 October version of the bill was ratified by the president on 26 November as Law No. 44 of 2008 on Pornography, with no substantial changes."
Pausacker's article describes the revisions made to the 2005-06 bill which subsequently passed in October 2008. She notes that while the bill has been substantially shortened it has not been watered down -- rather it has been made less specific leaving the interpretation open to the courts.
"The definition of 'pornography' in the 30 October 2008 version passed by the DPR and the final law is vague enough to include some 'pornographic actions'. It states: 'pornography is pictures, sketches, illustrations, photos, writing, voice, sound, moving pictures, animation, cartoons, conversations, movements of the body, or other forms through a variety of communication media and/or performances in public which contain obscenity or sexual exploitation which violates the moral norms in society' (Article 1)."
Pausacker also explains that the penultimate (September 2008) version of the bill protected cultural expression by making it clear that exceptions would be made for regional interests so that their local customs would not be interpreted as pornographic.
However, Pausacker continues, "This article is missing from the final law. Instead, the law includes the following statement at the beginning: 'This Law aims to: […] respect, protect and preserve the artistic and cultural values, [regional] cultural practices and religious rituals of the pluralistic Indonesian society' (Article 3b). There is no clear statement of exceptions, except for the vague phrase in Article 13(1) of the Elucidation that the definition of what is pornography also depends on the context, stating that in specific contexts, a photo of a model wearing a bikini, bathers or beachwear would not be seen as pornographic.
"The emphasis of the earlier versions and the final version were quite different. The earlier versions suggested that exceptions would be made for particular regions and customs when judging an accusation of pornography. The final law suggests that regional views have already been taken into account in the drafting of the law, where in fact the contrary is the case: the final version provides the least clear protection of regional interests."
This is why regions such as Hindu-populated Bali, as well as Papua and other Christian-populated regions such as North Sulawesi have protested so strongly.
Hostility, tensions and conflict are likely to escalate not only from regions, but within them. Pausacker notes that in Bali, the Governor and former police general, Made Mangku Pastika and speaker of the Balinese Regional Peoples Representative Council (DPRD), Ida Bagus Putu Wesnawa, have voiced their opposition to the bill and stated their intention to not implement it. Meanwhile, Bali's Chief Inspector of Police, General Teuku Ashikin Husein (who, Pausacker notes, is not Balinese, and has previously worked in Aceh and Southeast Sulawesi) has issued a public statement that the law was 'positive' and that his office would be enforcing it. (See also link 5.)
This scenario also opens the door for extortion and police corruption.
In Muslim-majority areas there is a particular danger of talibanisation and Islamic vigilantism. This danger is fuelled not only by the zeal generated by the legitimisation of Islamic demands, but from the law itself which states, in Article 21(1), that members of the community have the right to report infringements.
Pausacker notes: "The Elucidation to Article 21(1) specifically states 'that the community is not to perform acts which take the law into their own hands, acts of violence, raids (sweeping), or other acts which are against the law'. Despite this Elucidation (which both members of the general public and vigilante groups will often not read) some critics have expressed concern that vigilante groups will try to enforce the law themselves. [. . .] Critics of the law are right to feel concerned because for years violent raids by vigilante groups on bars or brothels in the fasting month have gone unchecked by police."
Ifdal Kassim, chairman of the National Commission for Human Rights (Komnas HAM), said the law, which would invade people's privacy, could trigger human rights violations and will create disharmony among the people. (Link 6)
Surpiyadi Widodo Eddyono, the legal services coordinator for the Institute for Policy Research and Advocacy (Elsam) also raised concerns. "Some articles are not for the protection of human rights. There are loopholes that could be misinterpreted."
According to The Jakarta Post, he is encouraging activists to petition the Constitutional Court for a judicial review of the law. (Link 6)
Sidney Jones, head of the South-east Asia section of the Brussels-based International Crisis Group comments: "The bill goes deep into the Muslim mainstream. There is an increasing push from some Muslim groups and some Muslim parties to give the state a greater role in legislating morality."
According to Jones, this trend is even taking root in the country's large secular parties like Golkar, which threw its weight behind the anti-pornography bill. "'There has been a kind of Islamisation of Golkar,' Jones revealed. 'The political parties are under pressure from an active civil society movement on the Muslim right.'" (Link 7)
According to opposition lawmaker Eva Sundari, who voted against the law in parliament, "The goal of this law is to become a legal umbrella for groups pushing for Sharia [Islamic law]." (Link 8)
So now as we head towards the 2009 elections, not only have pro-Sharia Islamic fundamentalists been further empowered and emboldened, but a situation has been created where any racist or Islamic fundamentalist police officer or vigilante-Islamic-morals-enforcer in (for example) Melanesian-Christian Papua will be able to exploit the anti-pornography law in order to persecute and/or extort any member of the local community who does not submit to the Islamised standard.
Such violent and repressive Islamic cultural imperialism should have no place in a diverse, pluralist, progressive, secular state.
By Elizabeth Kendal
Links
1) Cases of religious violence up: Report
Adianto P. Simamora, The Jakarta Post, Jakarta, 11 Dec 2008
http://www.thejakartapost.com/news/2008/12/11/cases-religious-violence-report.html
2) SBY signs porn law, protesters despair
By Abdul Khalik, Jakarta, 9 Dec 2008
http://www.thejakartapost.com/news/2008/12/09/sby-signs-porn-law-protesters-despair.html
3) Indonesian parliament passes anti-porn bill. 30 Oct 2008
http://www.reuters.com/article/lifestyleMolt/idUSTRE49T3M020081030?sp=true
4) HOT DEBATES.
A law on pornography still divides the community.
By Helen Pausacker, 15 Dec 2008
http://insideindonesia.org/index.php?option=com_content&task=view&id=1153&Itemid=47
5) Bali police will enforce pornography law: Chief
The Jakarta Post, Jakarta, 10 Nov 2008
http://www.thejakartapost.com/news/2008/11/10/bali-police-will-enforce-pornography-law-chief.html
6) Porn law casts a shadow over human rights
Indah Setiawati and Ni Komang Erviani, Jakarta, Denpasar, 10 Dec 2008
http://www.thejakartapost.com/news/2008/12/10/porn-law-casts-a-shadow-over-human-rights.html
7) Culture-Indonesia: Anti-Porn Law Reveals Growing Islamist Power
By Marwaan Macan-Markar. Inter Press Service.
http://globalgeopolitics.net/wordpress/2008/11/20/culture-indonesia-anti-porn-law-reveals-growing-islamist-power/#more-1849
8) Indonesian anti-porn law cramps Papuans' style
By Aubrey Belford, AFP, Kurulu, Indonesia, 10 Dec 2008
http://www.taipeitimes.com/News/feat/archives/2008/12/10/2003430754
Subj: Indonesia: Islamisation and Polarisation
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
INDONESIA: ISLAMISATION AND POLARISATION
-- religious freedom-related violence increasing
-- President enacts anti-pornography bill
RELIGIOUS FREEDOM-RELATED VIOLENCE INCREASING
The Jakarta Post reports: "Religious violence is on the rise in the world's largest Muslim country according to a report by the Wahid Institute http://www.wahidinstitute.org/ , which places the blame on the government for its failing to crack down on radical groups.
"The institute, a moderate Islamic think tank founded by former president Abdurrahman 'Gus Dur' Wahid to promote pluralism in Indonesia, reported that religious freedom-related violence had increased throughout the country, with 232 cases reported this year compared to 197 last year.
"Many of the incidences of violence were perpetrated by state authorities, according to the annual report released on Human Rights Day, Wednesday [10 Dec].
"'The acts of violence against religious freedom were 60 percent carried out by civilian groups and 33 percent by the state,' the report said.
"It said the state perpetrators included local administrations, police, legislators, courts and the Religious Affairs Ministry.
"Civilian perpetrators were identified as members of the Islam Defenders Front (FPI), the Indonesian Ulema Council (MUI) and the Communications Forum for Religious Harmony.
"The frequency and severity of the violence increased from last year, the report said. It noted that the government had been weak in administering punishment, which it said set a worrisome trend for the future.
"The institute said violations against religious freedom had come in the form of physical attacks, raids, destruction of houses of worship and accusations of apostasy and heresy . . . " (Link 1)
SBY ENACTS ANTI-PORN BILL
On 26 November 2008, President Susilo Bambang Yudhoyono (SBY) enacted a controversial anti-pornography law. Yudhoyono's special staff for legal affairs Denny Indrayana told The Jakarta Post: "It becomes Law No. 44/2008 on anti-pornography. The President signed it because it was already a national consensus." (Link 2)
Indrayana's statement is misleading on two counts: the law is not about pornography as much as it about Islamisation; and there is no national consensus.
The anti-pornography law was pushed through parliament in October by conservative Muslim parties including the Prosperous Justice Party (PKS) and the Crescent Star Party (or PBB). It passed in the legislature on 30 October to cries of "Allahu Akbar" (God is great). (Link 3)
Many analysts believe that SBY's enactment of the law is pure electioneering aimed at of securing the support of the Islamic parties ahead of the 2009 presidential elections. However, by this action he is also polarising the electorate and feeding regional instability.
The anti-pornography law is both staggeringly broad and hopelessly vague. Furthermore, as the law encourages citizens to report offences to police, there are concerns that Islamic vigilantes will seek to enforce its standards.
Indonesia's legislative elections are slated for April 2009, with the presidential election to be held three months later in July. Once again we are observing that oft-forgotten factor in multi-party politics: no party is as powerful as the one holding the balance of power, especially if that party also has the power to destabilise the State and bring down an elected government through the mobilisation of demonstrations, riots, crippling strikes and even sectarian conflict.
LAW No. 44/2008 ON ANTI-PORNOGRAPHY
The journal "Inside Indonesia" has published an excellent analysis of the anti-pornography law entitled "A law on pornography still divides the community", by Helen Pausacker, a PhD candidate at the University of Melbourne's Law School. (Link 4)
Pausacker tracks the progress of the law from when it first emerged in the 1990s as the Anti-Pornography and Porno-Action Bill only to lie dormant until 2005-06 when it was revived and hotly debated before the strength of outcry against it led to it being withdrawn.
Pausacker writes: "The bill that was proposed in 2005-06 would not just have criminalised hard pornography. It would also have made illegal many kinds of theatre and dance performances, art, forms of dress (such as baring the shoulders and legs) and behaviour of individuals (such as kissing on the lips in public), displaying 'sensual parts' of the body or 'erotic dancing'. 'Sensual parts' of the body were specifically defined in Article 4 of the Elucidation of the 2005-06 version of the bill as 'the genitals, thighs, hips, buttocks, navel and female breasts, whether in whole or in part'."
Clearly such a bill would trigger chaos in a state as diverse as Indonesia, where mature tribal Javanese and Melanesian women still go around bare breasted; Balinese women dance -- some may say erotically -- with navels showing; many Papuan men wear only penis-gourds; and many progressive Indonesians as well as tourists from all over the world enjoy wearing shorts, singlet-tops and even bikinis on the beaches. Furthermore, the proposed penalties were to be harsh, with hefty fines and lengthy prison terms.
Pausacker continues: "Two years later, in September 2008, legislators introduced a revised version of the bill to the legislature (DPR), with some of them hoping that it would be passed quickly. The outcry was again great -- five thousand people demonstrated in Bali and there were demonstrations in Yogyakarta. . . . However, despite the strong views expressed both in favour of and against the bill, it was eventually passed on 30 October 2008.
"When it became clear that there were sufficient numbers in the legislature to pass the bill, two parties -- Megawati Soekarnoputri's Indonesian Democratic Party-Struggle (PDIP) and the nationalist, Christian party, the Prosperous Peace Party (PDS) -- walked out of the debate in protest. Regional loyalty was also so strong that two Balinese legislators from Golkar, Lisnawati Karna and Gede Sumarjaya Linggih, walked out when Golkar stated its approval of the bill. . . . The 30 October version of the bill was ratified by the president on 26 November as Law No. 44 of 2008 on Pornography, with no substantial changes."
Pausacker's article describes the revisions made to the 2005-06 bill which subsequently passed in October 2008. She notes that while the bill has been substantially shortened it has not been watered down -- rather it has been made less specific leaving the interpretation open to the courts.
"The definition of 'pornography' in the 30 October 2008 version passed by the DPR and the final law is vague enough to include some 'pornographic actions'. It states: 'pornography is pictures, sketches, illustrations, photos, writing, voice, sound, moving pictures, animation, cartoons, conversations, movements of the body, or other forms through a variety of communication media and/or performances in public which contain obscenity or sexual exploitation which violates the moral norms in society' (Article 1)."
Pausacker also explains that the penultimate (September 2008) version of the bill protected cultural expression by making it clear that exceptions would be made for regional interests so that their local customs would not be interpreted as pornographic.
However, Pausacker continues, "This article is missing from the final law. Instead, the law includes the following statement at the beginning: 'This Law aims to: […] respect, protect and preserve the artistic and cultural values, [regional] cultural practices and religious rituals of the pluralistic Indonesian society' (Article 3b). There is no clear statement of exceptions, except for the vague phrase in Article 13(1) of the Elucidation that the definition of what is pornography also depends on the context, stating that in specific contexts, a photo of a model wearing a bikini, bathers or beachwear would not be seen as pornographic.
"The emphasis of the earlier versions and the final version were quite different. The earlier versions suggested that exceptions would be made for particular regions and customs when judging an accusation of pornography. The final law suggests that regional views have already been taken into account in the drafting of the law, where in fact the contrary is the case: the final version provides the least clear protection of regional interests."
This is why regions such as Hindu-populated Bali, as well as Papua and other Christian-populated regions such as North Sulawesi have protested so strongly.
Hostility, tensions and conflict are likely to escalate not only from regions, but within them. Pausacker notes that in Bali, the Governor and former police general, Made Mangku Pastika and speaker of the Balinese Regional Peoples Representative Council (DPRD), Ida Bagus Putu Wesnawa, have voiced their opposition to the bill and stated their intention to not implement it. Meanwhile, Bali's Chief Inspector of Police, General Teuku Ashikin Husein (who, Pausacker notes, is not Balinese, and has previously worked in Aceh and Southeast Sulawesi) has issued a public statement that the law was 'positive' and that his office would be enforcing it. (See also link 5.)
This scenario also opens the door for extortion and police corruption.
In Muslim-majority areas there is a particular danger of talibanisation and Islamic vigilantism. This danger is fuelled not only by the zeal generated by the legitimisation of Islamic demands, but from the law itself which states, in Article 21(1), that members of the community have the right to report infringements.
Pausacker notes: "The Elucidation to Article 21(1) specifically states 'that the community is not to perform acts which take the law into their own hands, acts of violence, raids (sweeping), or other acts which are against the law'. Despite this Elucidation (which both members of the general public and vigilante groups will often not read) some critics have expressed concern that vigilante groups will try to enforce the law themselves. [. . .] Critics of the law are right to feel concerned because for years violent raids by vigilante groups on bars or brothels in the fasting month have gone unchecked by police."
Ifdal Kassim, chairman of the National Commission for Human Rights (Komnas HAM), said the law, which would invade people's privacy, could trigger human rights violations and will create disharmony among the people. (Link 6)
Surpiyadi Widodo Eddyono, the legal services coordinator for the Institute for Policy Research and Advocacy (Elsam) also raised concerns. "Some articles are not for the protection of human rights. There are loopholes that could be misinterpreted."
According to The Jakarta Post, he is encouraging activists to petition the Constitutional Court for a judicial review of the law. (Link 6)
Sidney Jones, head of the South-east Asia section of the Brussels-based International Crisis Group comments: "The bill goes deep into the Muslim mainstream. There is an increasing push from some Muslim groups and some Muslim parties to give the state a greater role in legislating morality."
According to Jones, this trend is even taking root in the country's large secular parties like Golkar, which threw its weight behind the anti-pornography bill. "'There has been a kind of Islamisation of Golkar,' Jones revealed. 'The political parties are under pressure from an active civil society movement on the Muslim right.'" (Link 7)
According to opposition lawmaker Eva Sundari, who voted against the law in parliament, "The goal of this law is to become a legal umbrella for groups pushing for Sharia [Islamic law]." (Link 8)
So now as we head towards the 2009 elections, not only have pro-Sharia Islamic fundamentalists been further empowered and emboldened, but a situation has been created where any racist or Islamic fundamentalist police officer or vigilante-Islamic-morals-enforcer in (for example) Melanesian-Christian Papua will be able to exploit the anti-pornography law in order to persecute and/or extort any member of the local community who does not submit to the Islamised standard.
Such violent and repressive Islamic cultural imperialism should have no place in a diverse, pluralist, progressive, secular state.
By Elizabeth Kendal
Links
1) Cases of religious violence up: Report
Adianto P. Simamora, The Jakarta Post, Jakarta, 11 Dec 2008
http://www.thejakartapost.com/news/2008/12/11/cases-religious-violence-report.html
2) SBY signs porn law, protesters despair
By Abdul Khalik, Jakarta, 9 Dec 2008
http://www.thejakartapost.com/news/2008/12/09/sby-signs-porn-law-protesters-despair.html
3) Indonesian parliament passes anti-porn bill. 30 Oct 2008
http://www.reuters.com/article/lifestyleMolt/idUSTRE49T3M020081030?sp=true
4) HOT DEBATES.
A law on pornography still divides the community.
By Helen Pausacker, 15 Dec 2008
http://insideindonesia.org/index.php?option=com_content&task=view&id=1153&Itemid=47
5) Bali police will enforce pornography law: Chief
The Jakarta Post, Jakarta, 10 Nov 2008
http://www.thejakartapost.com/news/2008/11/10/bali-police-will-enforce-pornography-law-chief.html
6) Porn law casts a shadow over human rights
Indah Setiawati and Ni Komang Erviani, Jakarta, Denpasar, 10 Dec 2008
http://www.thejakartapost.com/news/2008/12/10/porn-law-casts-a-shadow-over-human-rights.html
7) Culture-Indonesia: Anti-Porn Law Reveals Growing Islamist Power
By Marwaan Macan-Markar. Inter Press Service.
http://globalgeopolitics.net/wordpress/2008/11/20/culture-indonesia-anti-porn-law-reveals-growing-islamist-power/#more-1849
8) Indonesian anti-porn law cramps Papuans' style
By Aubrey Belford, AFP, Kurulu, Indonesia, 10 Dec 2008
http://www.taipeitimes.com/News/feat/archives/2008/12/10/2003430754