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Subject : Needs Urgent Action Protecting the Ahmadiyya Minority Group in Indonesia to enjoy Freedom to Worship, Place of Worship and Religious Symbols
No       : 451/SK-KontraS/VII/2014
To       :

Special Rapporteur on freedom of religion or belief 
c/o Office Of the High Commissioner for Human Rights 
United Nations at Geneva 
8-14 Avenue de la Paix 
1211 Geneva 10 
Switzerland 
Fax: (+41 22) 917 90 06
E-mail: freedomofreligion@ohchr.org or to urgent-action@ohchr.org 

Dear Honourable Mr. HeinerBielefeldt,

On behalf of the Commission for the Disappeared and Victims of Violence (KontraS)- a human rights non-governmental organisation in Indonesia, would like to give information and respectfully ask for the protection of the freedom to worship, place of worship and religious symbol of Ahmadiyya Minority in Ciamis, West Java, Indonesia,which has been restricted by the government official, both central and local government of the Republic of Indonesia.

Case Details

Currently, the congregation of Ahmadiyya in Ciamis, West Java, could not exercise their worship in NurKhilafatMosque located in Ciptomangunkusumo Street, Ciamis, because the local government has sealed off all of the three gates of the Mosque. The sealing off committed by the Municipal Police of Ciamis Regency on Thursday, 26th of June 2014, and impacted to the congregation of Ahmadiyya could not exercise their Prayer in the Mosque and also prohibited to display any religious symbol.

Not only sealing off the Mosque, the police officers also putting up posters on the left, rights and posterior of the Mosque containing statement that prohibit to use the Mosque. The posterswere issued by the local consultative forum of Ciamis Regency, or locally known as muspida plus.The posters, they asked the Ahmadiyya Congregation to stop any further spread of interpretations and activities that deviate from the principal of Islam in the mosque.


Moreover, if the Ahmadiyya congregation does not obey the warning and the instruction, the Muspida plus will punish them in accordance with the existing regulation.Withregards to the Presidential Decree No.10 of 1986, the term of Muspidaitselfconsist of Governor/ Regent, The Commander of Military District, Head of Police Resort, and the District Attorney, while the term of Muspida plus is unknown in Indonesian Constitutional system.

The prohibition refers to the 2008 Joint Decree between the Minister of Religion Affair, the Attorney General and the Minister of Home Affairregarding the warning, instruction and prohibition of any activities of the congregation, member and the board member of the Ahmadiyya. Furthermore, in the local government level, the Governor of West Java, based upon to theRegulation no.12 on 2011  and the Major of Ciamis, based upon to theLetter no;188.3/541-Pem.Um.1  also issued the similar letter containing the prohibition of Ahmadiyya activities.

The case and regulation violates to the article 28E of the Indonesian Constitution [Known UUD 1945] which stated “Each person is free to worship and to practice the religion of his choice”and  as the state party of the International Covenant on Civil and Political Rights, Indonesia also bound with the principles on the Covenant, including article 18 which stated that “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

TheAhmadiyya case is part of the broader cases relating freedom of religion and belief in Indonesia. KontraShas noted, during January to December 2013, there was as many as 118 cases related violations  offreedom of religion. In general, those violations can be chatagorized into two forms:

[1] In the form of omission:the police did not take any effective action to stop the assault, intimidation and threats by intolerant groups. KontraS also noted other form of violence by the police in the form of force eviction and expulsion, persecution and discrimination;

[2] The police along with the intolerant group participated to dissolve many event organized by the minority group.

Based upon above mention facts and explanations, we would like respectfully ask you to put pressure and clarification  to theIndonesian authorities to immediately and adequately show the policy and responsto this case.

Furthermore, we specifically request you to recommend to the Government of Indonesia:

  • The government of Indonesia to carry out the obligation to protect all of their citizens to have freedom of religion or belief without discrimination.
  • The government of Indonesia to repealed all of the regulation thatdiscriminate, in favour of or against one or certain religions or belief systems, and inconsistent with the article 28 E of the Indonesian Constitution and also inconsistent with the article 18 of the International Covenant on Civil and Political Rights.
  • The government of Indonesia to protect the religious minority groups from all forms of violence violated by the intolerant groups.

Thank you for your consideration, we look forward to hear back from you.

Jakarta, 3rd of July 2014

HarisAzhar
Executive Coordinator
Shall you need any further information, please contact Ms. ReiFirdhaAmalia (email: rei.firdhaamalia@kontras.org or fax: 021-3926821)

 

Sample Letter;

Dear Sir/ Madam,

Indonesia:  Needs Urgent Action Protecting the Ahmadiyya Minority Group in Indonesia to enjoyFreedom to Worship, Place of Worship and Religious Symbols

Name of victim                                  : Ahmadiyya Congregation in Ciamis, West Java
Names of alleged perpetrators        : Muspida Plus, Police and Authorities in Ciamis
Date of incident                                : 26th of June 2014
Place of incident                               : Ciamis, West Java, Indonesia

I am writing this letter to you to share our concerned regarding the needs urgent action protecting the Ahmadiyya Minority Group in indonesia to enjoy freedom to worship, place of worship and religious symbol of Ahmadiyah Minority in Ciamis, West Java, Indonesia,which has been restricted by the government official, both central and local government of the Republic of Indonesia.

Currently, the congregation of Ahmadiyya in Ciamis, West Java, could not exercise their worship in NurKhilafat Mosque located in Ciptomangunkusumo Street, Ciamis, because the local government has sealed off all of the three gates of the Mosque. The sealing off committed by the Municipal Police of Ciamis Regency on Thursday, 26th of June 2014, and impacted to the congregation of Ahmadiyya could not exercise their Prayer in the Mosque and also prohibited to display any religious symbol.

Not only sealing off the Mosque, the police officers also putting up posters on the left, rights and posterior of the Mosque containing statement that prohibit to use the Mosque. The posterswere issued by the local consultative forum of Ciamis Regency, or locally known as muspida plus.The posters, they asked the Ahmadiyya Congregation to stop any further spread of interpretations and activities that deviate from the principal of Islam in the mosque.

Moreover, if the Ahmadiyya congregation does not obey the warning and the instruction, the Muspida plus will punish them in accordance with the existing regulation.Withregards to the Presidential Decree No.10 of 1986, the term of Muspidaitselfconsist of Governor/ Regent, The Commander of Military District, Head of Police Resort, and the District Attorney, while the term of Muspida plus is unknown in Indonesian Constitutional system.

The prohibition refers to the 2008 Joint Decree between the Minister of Religion Affair, the Attorney General and the Minister of Home Affairregarding the warning, instruction and prohibition of any activities of the congregation, member and the board member of the Ahmadiyya. Furthermore, in the local government level, the Governor of West Java, based upon to theRegulation no.12 on 2011  and the Major of Ciamis, based upon to theLetter no;188.3/541-Pem.Um.1  also issued the similar letter containing the prohibition of Ahmadiyya activities.

The case and regulation violates to the article 28E of the Indonesian Constitution [Known UUD 1945] which stated “Each person is free to worship and to practice the religion of his choice” and  as the state party of the International Covenant on Civil and Political Rights, Indonesia also bound with the principles on the Covenant, including article 18 which stated that “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

TheAhmadiyya case is part of the broader cases relating freedom of religion and belief in Indonesia. KontraShas noted, during January to December 2013, there was as many as 118 cases related violations  offreedom of religion. In general, those violations can be chatagorized into two forms:

[1] In the form of omission:the police did not take any effective action to stop the assault, intimidation and threats by intolerant groups. KontraS also noted other form of violence by the police in the form of force eviction and expulsion, persecution and discrimination;

[2] The police along with the intolerant group participated to dissolve many event organized by the minority group.

Based upon above mention facts and explanations, we would like respectfully ask you to put pressure and clarification  to theIndonesian authorities to immediately and adequately show the policy and responsto this case.

Furthermore, wespecificallyrequest you to recommend to the Government of Indonesia:

  • The government of Indonesia to carry out the obligation to protect all of their citizens to have freedom of religion or belief without discrimination.
  • The government of Indonesia to repealed all of the regulation thatdiscriminate, in favour of or against one or certain religions or belief systems, and inconsistent with the article 28 E of the Indonesian Constitution and also inconsistent with the article 18 of the International Covenant on Civil and Political Rights.
  • The government of Indonesia to protect the religious minority groups from all forms of violence violated by the intolerant groups.

Thank you for your consideration, we look forward to hear back from you.

 

Sincerely
[Your Signature]
[Name of Organisation]

 

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting their intervention.

Government Official Address

  1. The President of The Republic of Indonesia
    President of Republic of Indonesia
    Jl. Veteran No. 16
    Jakarta Pusat
    Indonesia
    Tel: +62 21 345 8595
    Fax: +62 21 3483 4759
    E-mails: 
    presiden@ri.go.id
  2. Ministry of Religious Affairs of The Republic of IndonesiaJalan Lapangan Banteng Barat No. 3 – 4
    Jakarta 10710
    Telepon: (+6221) – 3811679 – 34833004
    Email : pinmas@kemenag.go.id
  3. Mr. Hafid Abba
    National Commission on Human Rights
    Jl. Latuharhary No.4B Menteng
    Jakarta, Indonesia 10310
    Phone: +62 21 3925230
    Fax: +62 21 3925227
  4. Mr. Abdul Haris Semendawai
    Agency of Witness and Victim Protection (LembagaPerlindunganSaksidanKorban)
    GedungPerintisKemerdekaan (GedungPola) Lt. 1
    Jl. Proklamasi No. 56
    Jakarta Pusat 10320
    Phone: +62 21 3190 7021
    Email: lpsk_ri@lpsk.go.id
  5. Mr. Ahmad Heryawan
    Governor of West Java
    Jl. Tamansari No. 55 Bandung
    Tlp. (022) 2502898 Fax. (022) 2511505
    E-mail : info@jabarprov.go.id

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting their intervention.