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
Tuesday, January 27, 2009
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
Friday, December 12, 2008
Maluku, Eastern Indonesia: "blasphemy" triggers pogrom
Date: Friday 12 December 2008
Subj: Maluku, Eastern Indonesia: "blasphemy" triggers pogrom
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
On Tuesday 9 December, Muslims rioted in response to rumours that Welhelmina Holle, a Christian teacher at SD Masohi elementary school, had insulted Islam in a comment he made while tutoring a sixth grade student. Masohi is about 120km east of Ambon on Seram island in the eastern Indonesia province of Central Maluku.
According to the Jakarta Post, the student reported the offence to his parents and news of the alleged blasphemy spread through the Muslim community. The local chapter of the Indonesian Ulema Council (MUI) lodged a complaint with the police and by 8:30am some 500 Muslims were demonstrating outside the Central Maluku Education Agency in Masohi. After an hour there, they moved on to the Central Maluku Police headquarters some 500m away, where they sought to meet with Police Chief Adj. Sr. Comr. Eko Widodo to demand that the teacher be dismissed and made to face the law. After learning that Police Chief Eko Widodo was away in Ambon, the protesters dispersed. However after one group clashed with police, other Muslims started throwing rocks and rioting quickly spread.
Two churches, a health clinic and some 67 homes were torched. Four public transport vehicles and a motorcycle inside a bus terminal were also burnt. At least six people sustained injuries requiring hospitalisation and two of these are in a serious condition.
Eventually some 400 extra riot police and soldiers were brought in and peace was restored. Maluku Provincial Police spokesman Adj. Sr. Comr. J. Huwae told the Jakarta Post that "a large part of the community sought refuge at the barracks of the 731st Kabaressy infantry battalion". (Link 1)
Antara News reports that police are seeking witnesses who can testify concerning the incident. The accused teacher is in police custody and, according to Central Maluku Regional Secretary N Sukur, if he is found guilty he will be given an administrative sanction. (Link 2)
KEEPING THE PEACE
Maluku, which was wracked with sectarian violence and Islamic jihad from 1999 to 2001, has been relatively peaceful since the "Moluccas Agreement of Malino" peace deal was signed in February 2002.
The worst violence in Maluku was perpetrated by outsiders, such as the Java-based Laskar Jihad and other jihadists -- many of them foreigners -- who travelled to Maluku to "defend" Islam. With the expulsion of militants, local Muslims and Christians have been able to reconcile and rebuild their communities, many which are still mixed.
Sidney Jones of the International Crisis Group believes that as long as Java-based Islamic militants stay out of the Maluku region, it is likely the area will stay peaceful. "'If it stays local, we're probably okay,' Jones said. 'And, one of the interesting things is that a lot of the people there specifically referred to the earlier conflict and not wanting to see it get out of hand. It's a case of whether or not some of these guys in Java take it as a green light to come in and scope things out. I think it'll probably be okay.'" (Link 3)
But this rioting is very concerning. Is violent, anti-Christian, Islamic intolerance that close to the surface? Has Islamic radicalisation reached a critical tipping point? Is the peace only a facade subject to hair-trigger fragility?
INDONESIA'S CONTROVERSIAL BLASPHEMY LAW
Article 156 (a) of the Indonesian Criminal Code establishes a minimum sentence of five years in prison for anyone found guilty of "expressing feelings of hostility, hatred or contempt against ethnic groups or religions".
According to Mohamad Mova Al 'Afghani, founder of the Centre for Law Information, this article was taken from Presidential Decree No. 1/PNPS/1965 on the Prevention of Blasphemy and Abuse of Religions. "The decree provides the State with a power to judge whether a certain belief is heretic or blasphemous and to imprison those convicted of the charges -- about the same authority awarded to the Inquisition which has been abolished by the Roman Catholic Church.
"The decree, enacted by Sukarno and formalised into law by Soeharto, is as a tool of power management. Politicians during those times felt the need to control religious leaders and subordinate them within their power structure." According to Mohamad Mova Al 'Afghani reasoning, the law violates the Indonesian constitution. (Link 4)
On Thursday 12 December, The Jakarta Post reported: "The Central Maluku Police have named two people, Welhemina Holle and Asmara Wasahua, as suspects for sparking the riot.
"Welhemina is being charged under Article 156 of the Criminal Code on blasphemy, which carries a maximum of 15 years' imprisonment.
"Asmara, who led a rally Tuesday that turned into a riot, is being charged under Articles 160 and 161 of the same law on encouraging criminal behaviour.
"Asmara, chairman of the Central Maluku Muslims Communication Forum, was caught on film allegedly provoking ralliers." (Link 5)
So Christian elementary school teacher Welhelmina Holle will be charged with blasphemy, and if Indonesia's Islamic fundamentalists have their way, he will be convicted and given far more than an "administrative sanction". And this would set a frightening precedent.
This is most certainly a case to watch.
By Elizabeth Kendal
Links
1) Church, homes burned in Masohi blasphemy riot
M. Azis Tunny, The Jakarta Post, Ambon, 10 Dec 2008
http://www.thejakartapost.com/news/2008/12/10/church-homes-burned-masohi-blasphemy-riot.html
2) Masohi tense, two injured. 9 Dec 2008
http://www.antara.co.id/en/arc/2008/12/9/masohi-tense-two-injured/
3) Indonesia Sends Troops to Quell Sectarian Violence in Maluku Islands
By Nancy-Amelia Collins, Jakarta, 10 December 2008
http://www.voanews.com/english/2008-12-10-voa15.cfm
4) Ruling against blasphemy
Opinion and Editorial -- 3 Dec 2007
Mohamad Mova Al 'Afghani, Jakarta
http://old.thejakartapost.com/yesterdaydetail.asp?fileid=20071203.E02
5) Masohi in recovery, two named suspects
M. Azis Tunny, The Jakarta Post, Masohi, 11 Dec 2008
http://www.thejakartapost.com/news/2008/12/11/masohi-recovery-two-named-suspects.html
Subj: Maluku, Eastern Indonesia: "blasphemy" triggers pogrom
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
On Tuesday 9 December, Muslims rioted in response to rumours that Welhelmina Holle, a Christian teacher at SD Masohi elementary school, had insulted Islam in a comment he made while tutoring a sixth grade student. Masohi is about 120km east of Ambon on Seram island in the eastern Indonesia province of Central Maluku.
According to the Jakarta Post, the student reported the offence to his parents and news of the alleged blasphemy spread through the Muslim community. The local chapter of the Indonesian Ulema Council (MUI) lodged a complaint with the police and by 8:30am some 500 Muslims were demonstrating outside the Central Maluku Education Agency in Masohi. After an hour there, they moved on to the Central Maluku Police headquarters some 500m away, where they sought to meet with Police Chief Adj. Sr. Comr. Eko Widodo to demand that the teacher be dismissed and made to face the law. After learning that Police Chief Eko Widodo was away in Ambon, the protesters dispersed. However after one group clashed with police, other Muslims started throwing rocks and rioting quickly spread.
Two churches, a health clinic and some 67 homes were torched. Four public transport vehicles and a motorcycle inside a bus terminal were also burnt. At least six people sustained injuries requiring hospitalisation and two of these are in a serious condition.
Eventually some 400 extra riot police and soldiers were brought in and peace was restored. Maluku Provincial Police spokesman Adj. Sr. Comr. J. Huwae told the Jakarta Post that "a large part of the community sought refuge at the barracks of the 731st Kabaressy infantry battalion". (Link 1)
Antara News reports that police are seeking witnesses who can testify concerning the incident. The accused teacher is in police custody and, according to Central Maluku Regional Secretary N Sukur, if he is found guilty he will be given an administrative sanction. (Link 2)
KEEPING THE PEACE
Maluku, which was wracked with sectarian violence and Islamic jihad from 1999 to 2001, has been relatively peaceful since the "Moluccas Agreement of Malino" peace deal was signed in February 2002.
The worst violence in Maluku was perpetrated by outsiders, such as the Java-based Laskar Jihad and other jihadists -- many of them foreigners -- who travelled to Maluku to "defend" Islam. With the expulsion of militants, local Muslims and Christians have been able to reconcile and rebuild their communities, many which are still mixed.
Sidney Jones of the International Crisis Group believes that as long as Java-based Islamic militants stay out of the Maluku region, it is likely the area will stay peaceful. "'If it stays local, we're probably okay,' Jones said. 'And, one of the interesting things is that a lot of the people there specifically referred to the earlier conflict and not wanting to see it get out of hand. It's a case of whether or not some of these guys in Java take it as a green light to come in and scope things out. I think it'll probably be okay.'" (Link 3)
But this rioting is very concerning. Is violent, anti-Christian, Islamic intolerance that close to the surface? Has Islamic radicalisation reached a critical tipping point? Is the peace only a facade subject to hair-trigger fragility?
INDONESIA'S CONTROVERSIAL BLASPHEMY LAW
Article 156 (a) of the Indonesian Criminal Code establishes a minimum sentence of five years in prison for anyone found guilty of "expressing feelings of hostility, hatred or contempt against ethnic groups or religions".
According to Mohamad Mova Al 'Afghani, founder of the Centre for Law Information, this article was taken from Presidential Decree No. 1/PNPS/1965 on the Prevention of Blasphemy and Abuse of Religions. "The decree provides the State with a power to judge whether a certain belief is heretic or blasphemous and to imprison those convicted of the charges -- about the same authority awarded to the Inquisition which has been abolished by the Roman Catholic Church.
"The decree, enacted by Sukarno and formalised into law by Soeharto, is as a tool of power management. Politicians during those times felt the need to control religious leaders and subordinate them within their power structure." According to Mohamad Mova Al 'Afghani reasoning, the law violates the Indonesian constitution. (Link 4)
On Thursday 12 December, The Jakarta Post reported: "The Central Maluku Police have named two people, Welhemina Holle and Asmara Wasahua, as suspects for sparking the riot.
"Welhemina is being charged under Article 156 of the Criminal Code on blasphemy, which carries a maximum of 15 years' imprisonment.
"Asmara, who led a rally Tuesday that turned into a riot, is being charged under Articles 160 and 161 of the same law on encouraging criminal behaviour.
"Asmara, chairman of the Central Maluku Muslims Communication Forum, was caught on film allegedly provoking ralliers." (Link 5)
So Christian elementary school teacher Welhelmina Holle will be charged with blasphemy, and if Indonesia's Islamic fundamentalists have their way, he will be convicted and given far more than an "administrative sanction". And this would set a frightening precedent.
This is most certainly a case to watch.
By Elizabeth Kendal
Links
1) Church, homes burned in Masohi blasphemy riot
M. Azis Tunny, The Jakarta Post, Ambon, 10 Dec 2008
http://www.thejakartapost.com/news/2008/12/10/church-homes-burned-masohi-blasphemy-riot.html
2) Masohi tense, two injured. 9 Dec 2008
http://www.antara.co.id/en/arc/2008/12/9/masohi-tense-two-injured/
3) Indonesia Sends Troops to Quell Sectarian Violence in Maluku Islands
By Nancy-Amelia Collins, Jakarta, 10 December 2008
http://www.voanews.com/english/2008-12-10-voa15.cfm
4) Ruling against blasphemy
Opinion and Editorial -- 3 Dec 2007
Mohamad Mova Al 'Afghani, Jakarta
http://old.thejakartapost.com/yesterdaydetail.asp?fileid=20071203.E02
5) Masohi in recovery, two named suspects
M. Azis Tunny, The Jakarta Post, Masohi, 11 Dec 2008
http://www.thejakartapost.com/news/2008/12/11/masohi-recovery-two-named-suspects.html