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Indonesia: Police shut down and revoke the licence of a radio station for broadcasting on rights issues
Asian Human Rights Commission Urgent Appeal - April 15, 2010 (see sample letter below)
Urgent Appeal Case: AHRC-UAC-045-2010
Dear friends,
A radio station in Indonesia – Radio Era Baru – has been forcibly shut down by police in an alleged act of censorship. An investigation by the country’s human rights commission has concluded that the move was in response to pressure from Chinese officials, who objected to the station’s airing of criticism of Beijing’s human rights record. The Riau regional branch of the Indonesian Broadcasting Commission had refused to renew its licence without a valid explanation and the matter is being appealed in the Supreme Court. The case highlights the government’s responsibility to protect the right to expression against attacks from inside and outside the country.
Please offer your support to the radio station and the Indonesian human rights commission by calling for an explanation for the act and the renewal of the license.
Case details:
According to information received from Reporters without Borders and Radio Era Baru, the station had its equipment forcibly seized on Wednesday, 24 March 2010 at around 11am. The police, with agents from the Batam Radio Frequency Spectrum Monitoring Agency, representing the Indonesian Broadcasting Commission (Komisi Penyiaran Indonesia, KPI) had arrived at the radio offices in Batam, Riau Islands Province to stop broadcasts.
The station was created in 2005 and after receiving its first license in the same year, proceeded to broadcast programs in the local language and Mandarin Chinese, with listeners in Indonesia and China.
However the Indonesian Broadcasting Commission refused to renew the radio’s licence in 2008, citing technical grounds: its frequency (106.500 MHZ) allegedly clashed with another local radio station, Sing FM. However the station ignored letters from the Commission demanding that it stop broadcasting (the most recent one received on 15 February 2010) and it was found that both stations were able to broadcast normally at the same time.
An investigation by the Indonesian Human Rights Commission (Komnas HAM) confirmed suspicions held by Raymond Tan, who directs PT Radio Suara Harapan Semesta, which runs Radio Baru: that there are political grounds for the decision. The investigation report noted that the radio station was visited by Chinese officials in 2007, which led to letters from the Chinese Authorities to the Indonesian Ministry of Foreign Affairs, the Ministry of Internal Affairs, the Ministry of Communication and Information Technology and the national Broadcasting Commission. The letters asked the Indonesian government to shut down the radio station which is described as being involved in ‘another plot’, and as being a tool for ‘anti-China forces’. The radio had been airing criticism of Beijing’s human rights conditions, including news of the suppression of Tibetans, Uyghurs, and Falun Gong practitioners. They stated, according to an unofficial translation, that: ‘ ... above mentioned matter is obviously another plot of this kind. This Chinese side, therefore, wishes to draw the close attention of Indonesian side to the matter and requests the Indonesia side to take measures [...] to terminate the licence of Suara Harapan Semesta radio station.’
Mr. Tan filed against the cancellation of the broadcasting license to a civilian court in 2008 and lost, and is now appealing the case to the Supreme Court. Meanwhile the Indonesian Human Rights Commission (Komnas HAM) publicly urged the Indonesian Broadcasting Commission on 10 March 2010 to explain its actions. In the absence of such an explanation, on 30 March the radio started to illegally broadcast, using spare equipment.
Additional comments:
The freedom of the press and the freedom of expression are essential features of democracy and the AHRC has already denounced the repeated violations of these fundamental rights by the Indonesian government. It is of particular concern that this case of censorship has taken place at the request of a foreign country, one with a notoriously poor reputation for press freedom. It is rated lower in this regard than Indonesia according to Reporters without Borders.
The freedom of verbal and written expression is guaranteed in Article 28 of the Indonesian Constitution as well as in Article 19 of the International Covenant for Civil and Political Rights to which Indonesia is a state party, and thus bound to its content. According to national and international laws Radio Era Baru should be able to broadcast freely and cannot be denied a broadcasting license. The integrity of this right must be protected by the Indonesian authorities, from attacks inside and outside of the country’s borders.
Suggested action:
Please write to the Indonesian authorities listed below calling for the Radio Era Baru’s complaint to be legitimately addressed and taken up by the Supreme Court. The police must investigate the order to shut down the station, with support from the Indonesian government, who have the responsibility to protect constitutional rights such as the freedom of expression and freedom of the press in the country.
Please be informed that the AHRC has written to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression requesting his intervention.
To support this appeal please click here: http://www.ahrchk.net/ua/support.php?ua=UAC-045-2010
Dear____________
Indonesia: Police shut down and revoke the licence of a radio station for broadcasting on rights issues
According to my information, the station had its equipment seized on Wednesday 24 March 2010 at around 11am. The police, with agents from the Batam Radio Frequency Spectrum Monitoring Agency, representing the Indonesian Broadcasting Commission (Komisi Penyiaran Indonesia, KPI) had arrived at the radio offices in Batam, Riau Islands Province to stop broadcasts.
The station was created in 2005 and after receiving its first license in the same year, proceeded to broadcast programs in the local language and Mandarin Chinese, with listeners in Indonesia and China.
However I understand that the Indonesian Broadcasting Commission refused to renew the radio’s licence in 2008, citing technical grounds: its frequency (106.500 MHZ) allegedly clashed with another local radio station, Sing FM. However the station ignored letters from the Commission demanding that it stop broadcasting (the most recent one received on 15 February 2010) and it was found that both stations were able to broadcast normally at the same time.
An investigation by the Indonesian Human Rights Commission (Komnas HAM) confirmed suspicions held by Raymond Tan, who directs PT Radio Suara Harapan Semesta, which runs Radio Baru: that there are political grounds for the decision. The investigation report noted that the radio station was visited by Chinese officials in 2007, which led to letters from the Chinese Authorities to the Indonesian Ministry of Foreign Affairs, the Ministry of Internal Affairs, the Ministry of Communication and Information Technology and the national Broadcasting Commission. The letters asked the Indonesian government to shut down the radio station which is described as being involved in ‘another plot’, and as being a tool for ‘anti-China forces’. The radio had been airing criticism of Beijing’s human rights conditions, including news of the suppression of Tibetans, Uyghurs, and Falun Gong practitioners. They stated, according to an unofficial translation, that: ‘ ... above mentioned matter is obviously another plot of this kind. This Chinese side, therefore, wishes to draw the close attention of Indonesian side to the matter and requests the Indonesia side to take measures [...] to terminate the licence of Suara Harapan Semesta radio station.’
Mr. Tan filed against the cancellation of the broadcasting license to a civilian court in 2008 and lost, and is now appealing the case to the Supreme Court. Meanwhile the Indonesian Human Rights Commission (Komnas HAM) publicly urged the Indonesian Broadcasting Commission on 10 March 2010 to explain its actions. In the absence of such an explanation, on 30 March the radio started to illegally broadcast, using spare equipment.
As you are aware, the freedom of the press and the freedom of expression are essential features of democracy and yet these fundamental rights continue to be violated by the Indonesian government. It is of particular concern that this case of censorship has taken place at the request of a foreign country, one with a notoriously poor reputation for press freedom (China is rated lower in this regard than Indonesia according to Reporters without Borders.)
The freedom of verbal and written expression is guaranteed in Article 28 of the Indonesian Constitution as well as in Article 19 of the International Covenant for Civil and Political Rights to which Indonesia is a state party, and thus bound to its content. According to national and international laws Radio Era Baru should be able to broadcast freely and cannot be denied a broadcasting license. The integrity of this right must be protected by the Indonesian authorities, from attacks inside and outside of the country’s borders.
Please intervene swiftly to ensure that the radio’s complaint is properly addressed and taken up by the Supreme Court. The police must start investigating the shutting down of the radio and Indonesian authorities are obliged to take strong measures to ensure the investigation of the case, and to protect these constitutional rights under threat.
Yours sincerely,
Please send your letters to:
1.Mr Ir. Oemar Edi Prabowo,
MM
Secretary of the Indonesian
Broadcasting Commission
Komisi Penyiaran Indonesia
Lantai VI
Jl.Gajah Mada No.8, Jakarta
10120
INDONESIA
Tel: +62 21-6340713
Fax: +62 21-6340667
2.Harifin A. Tumpa
Chief Justice of the Republic
of Indonesia
Mahkamah Agung
Jalan Medan Merdeka Utara
No.9-13, Jakarta 10110
INDONESIA
Telepon (021) 3843557 -3453348
Fax (021) 383541
3.Mr. Susilo Bambang Yudhoyono
President of Republic of
Indonesia
Presidential Palace,
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Fax: +62 21 231 4138, 345
2685, 345 7782
Tel: +62 21 384 5627, ext.
1003
Email: mallarangeng@yahoo.com
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
5.General Bambang Hendarso
Danuri
Chief of Indonesian National
Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Fax: +62 21 720 7277
Tel: +62 21 721 8012
Email: polri@polri.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrc.asia)
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