INDONESIA: Religious persecution escalates on minority Islamic group, Ahmadiyah in Tasikmalaya, West Java

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-215-2007
ISSUES: Freedom of religion, Threats and intimidation,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding the continued attacks and threats to the minority Islamic sect Ahmadiyah in Tasikmalaya, West Java, from 19-26 June 2007. An Ahmadiyah mosque was attacked by mobs from three other Islamic sects, and there are continuous threats from the mobs to ban the religion. Despite the seriousness of the situation, the government has done little to investigate or prosecute the perpetrators, or protect the freedom of religion of the believers.

CASE DETAILS:

According to the information received, members of the Ahmadiyah community in Tasikmalaya have experienced several attacks and harassment by people allegedly connected to the Islamic Defenders Front (Front Pembela Islam of FPI), Taliban, and GERAK (an anti-communist movement) from 19 June to 26 June 2007.

At around 2:00pm on 19 June, a mass of people from FPI, Taliban and GERAK approached the Mahmud Mosque in the district of Cipasung in Tasikmalaya. The mob was shouting in front of the mosque demanding the termination of Ahmadiyah and its activities. They tore down and tried to destroy a board with the name of the mosque. They forcefully trampled on the board, even though it contained the holy scriptures, “Laa Ilaaha Illallah Muhammadar Rasulullah” (There is none worthy of worship, but Allah, Muhammad is His Messenger) inscribed on it. It has been noted that at the time of the incident, the Cipasung community was mourning the death of Mrs. KH. Ilyas Ruhiyat and the solemn meeting was disrupted by the attack. The police quickly responded to the assault and placed a line of officers in front of the mosque to prevent the mob from entering. However, the police did nothing to investigate the attack or to identify the perpetrators.

On the following day, 20 June, after a discussion with religious figures in the community and local activist youth groups, the activists went to the Regional People’s Legislative Assemblies (DPRD) to talk about the ongoing threats. On 24 June, Ms. Hj. Neng Madina, a representative of the DPRD Tasikmalaya invited Ahmadiyah to have a meeting with several other representatives of the region. At the meeting, Mr. H. Dede Saiful Anwar, who is the head of the Commission IV for DPRD Tasikmalaya informed everyone that there would be a big demonstration on 25 June demanding the end of Ahmadiyah. The demonstration eventually did not take place, but the Ahmadiyah members were apprehensive.

On 26 June, some 250 people consisting of members of FPI, Taliban and GERAK approached the office of DPRD to demand that Ahmadiyah be banned. An argument broke out between several of the DPRD representatives and the mob. The DPRD claims that it has no legal right to ban Ahmadiyah and such decision should come from the central government. The mob then started accusing the representatives of being bribed by Ahmadiyah. Before they left, the mob threatened the DPRD that within a week they will come back to protest unless the DPRD makes a decision to forbid the practice of Ahmadiyah in Tasikmalaya.

ADDITIONAL INFORMATION:

Ahmadiyah has existed since 1925 and it was officially recognized in 1953 by the Minister of Justice of Indonesia. However, Ahmadiyah is considered by the fundamentalists of Islam in Indonesia as propagating heretical teachings and betraying the true religion. The Indonesian Council of Muslim Scholars or Majelis Ulama Indonesia (MUI), the formal organization of the Islamic clergies in Indonesia which holds the power to issue a Fatwa (an Islamic decree), placed a Fatwa in 1980 banning Ahmadiyah.

The Indonesian central government refused to formally ban Ahmadiyah by stating that a Fatwa had no legal grounds in national law. However, the MUI issued another Fatwa in 29 July 2005 emphasizing the heresy of Ahmadiyah. This time, the decree triggered negative sentiments against Ahmadiyah, and religious extremist groups began to use the Fatwa to validate their attacks on members of Ahmadiyah. The attacks are widespread throughout the country, including West Lombok, Manislor, Tasikmalaya, Parung, Garut, Ciaruteun, Sadasari, and other regions as well. The assaults range from the destruction of places of worship and houses, prohibition of worship and other activities, harassment, threats, homicide and other acts of terror.

This attack is the latest in a series of attacks on the Ahmadiyah community in recent years.  The AHRC has reported past acts of religious persecution against this group in other parts of Indonesia (see further: UA-193-2005).

It is illegal for groups to use coercion and take the law into their own hands, and it is the responsibility of the police to protect basic religious freedoms. Despite the graveness of the continuous persecution on the Ahmadiyah community, up to now the Government of Indonesia has not taken any serious action to prevent or stop the violence. The Indonesian police have also failed to arrest individuals that have assaulted the Ahmadiyah community. Legal protection to the religious minorities should be guaranteed by the government in Indonesia.

Moreover, the MUI’s Fatwas are in violation of religious freedom as written in the Indonesian Constitution that states, “Every person shall be free to choose and to practice the religion of his/her choice” (28.1). This law also means that every person has the freedom to interpret their religion in accordance with his/ her conscience. The right to freedom of thought, conscience, and religion are the fundamental rights that are written in the Universal Declaration of Human Right and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a State Party, and has the responsibility to “ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind” (2.1). The ICCPR states that “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice” (18.2). In regard to this international obligation, the Indonesian state has to take a pro-active action to punish individuals who threaten the religious freedoms of others.

Furthermore, the Indonesian Constitution and article 22 of the Human Rights Law No. 39/1999 mention the freedom of religion, but in reality the laws do not adequately provide protections to the religious minority groups.

With this in mind, the Indonesian government should ensure that the constitutional provisions will be respected and can be adjudicated in a court of law. If Indonesia aims to uphold religious freedom, then the authorities should protect all religious views in a fair and neutral manner without allowing anarchy to occur against religious minority groups.

SUGGESTED ACTION: 
Please write to the local authorities and the international community listed below and demand urgent intervention in this matter concerning the Ahmadiyah community in Tasikmalaya, West Java. Please urge the appropriate authorities to exhaust all means to ensure that a conclusive investigation is conducted to guarantee that first, the perpetrators are punished, and second, that minority religious sects are able to freely conduct their beliefs.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

INDONESIA: Religious persecution escalates on minority Islamic group, Ahmadiyah in Tasikmalaya, West Java

Name of victims: Ahmadiyah community in Tasikmalaya
Alleged perpetrators: People connected to the Islamic Defenders Front (Front Pembela Islam of FPI), Taliban, and GERAK (an anti-communist movement)
Date of incident: 19 June to 26 June 2007
Place of incident: Cipasung-Singaparana, Tasikmalaya (West Java)

I am shocked to learn of the serious attacks on the Ahmadiyah community in Tasikmalaya, West Java that occurred from 19 June to 26 June 2007. Although no one was injured, these attacks triggered a sense of fear in the community and violated the religious freedom that is stipulated in the Indonesian Constitution.

I am informed that on 19 June 2007, at around 2pm, a mass of people from FPI, Taliban and GERAK approached the Mahmud Mosque in the district of Cipasung in Tasikmalaya. The mosque is a worship place for the Ahmadiyah community. The mob shouted in front of the mosque and tore down the board with the name of the mosque and holy scriptures. At the time of the incident, the Cipasung community was mourning the death of Mrs. KH. Ilyas Ruhiyat and everyone was disrupted by the attack on the mosque. Although the police came to the scene and prevented the mob from entering the mosque, they did nothing to investigate the case or identify the perpetrators.

I learned that Mr. H. Dede Saiful Anwar, the head of the IV Commission for Regional People’s Legislative Assemblies (DPRD) Tasikmalaya, informed members of Ahmadiyah on 24 June 2007 that there would be a big demonstration on 26 June 2007 demanding the end of Ahmadiyah. The demonstration did not take place eventually, but the Ahmadiyah members were apprehensive.

On 26 June 2007, the mob of 250 something people that consisted of members of FPI, Taliban and GERAK approached the office of DPRD to demand that Ahmadiyah be banned as a religious organization. The mob threatened the DPRD that within a week they will come back to protest unless the DPRD makes a decision to ban Ahmadiyah in Tasikmalaya.

Despite the graveness of the continuous persecution on the Ahmadiyah community, I have been informed that up to now the government of Indonesia has not taken any serious action to prevent or stop this violence. The Indonesian police have also failed to investigate the cases properly and arrest individuals who have assaulted the Ahmadiyah community.

This is the latest in a series of attacks on the Ahmadiyah community in recent years. These assaults have been occurring after a Fatwa (Islamic decree) was issued in 1980 by the Indonesian Council of Muslim Scholars or Majelis Ulama Indonesia (MUI) banning Ahmadiyah. The decree was reaffirmed again on 29 July 2005 with another Fatwa that specifically cites the religious sect as heretical. To my knowledge, Fatwas are not legally binding and have no relevance in the national law. The Fatwas issued by the MUI has, however, generated concerns and criticisms from the public because it has been used to justify violence against minority religious groups. Therefore, I strongly believe that MUI’s Fatwas are in violation of religious freedom as written in the Indonesian Constitution that states, “Every person shall be free to choose and to practice the religion of his/her choice” (28.1). This law also means that every person has the freedom to interpret their religion in accordance with his/ her conscience. The right to freedom of thought, conscience, and religion are the fundamental rights that are written in the Universal Declaration of Human Right and the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a State Party.

In light of the above, I strongly urge you to take genuine action to stop and prevent the violence against the Ahmadiyah community. I also urge you to arrest and prosecute the perpetrators so that justice can be brought to the victims of these crimes.

Furthermore, I would like to point out that the Indonesian Constitution and article 22 of the Human Rights Law No. 39/1999 mention the freedom of religion, but the laws do not adequately provide strong protections. With this in mind, I specifically cite the government’s obligations to ensure that the constitutional provisions will be respected and can be adjudicated in a court of law. If Indonesia aims to uphold religious freedom, then the authorities should protect all religious views in a fair and neutral manner without allowing anarchy to occur against religious minority groups.

Lastly, the Ministry of Religious Affairs should guarantee that different interpretations of religion are allowed to freely circulate in the country and promote religious tolerance throughout Indonesia. The office of the Attorney General should uphold justice by securing that any case that comes before the court regarding violations of religious freedom are justly punished. It is the responsibility of the state to protect its citizens from any type of persecution.

I look forward to your prompt and effective response in this matter.

Yours sincerely, 

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782
Email: presiden@ri.go.id

2. M.Maftuh Basyuni 
Minister of Religion 
Religion Department of Republic Indonesia
Jalan Lapangan Banteng Barat 
No. 3 – 4 Jakarta 10710
INDONESIA
Tel: +62 21 3812306, 322697, 361654, 361642
Email : pikda@depag.go.id

3. Gen. Sutanto
Chief of National Police 
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id

4. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
Email: postmaster@kejaksaan.or.id

5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng 
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227 
Email: info@komnasham.or.id

6.  Ms. Asma Jahangir
UN Special Rapporteur on Freedom of Religion
c/o Office Of the High Commissioner for Human Rights
United Nations at Geneva
8-14 ave de la Paix
1211 Geneva 10
SWITZERLAND 
Fax: (+41 22) 917 9006

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-215-2007
Countries : Indonesia,
Issues : Freedom of religion, Threats and intimidation,