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Letter to President Yudhoyono on Indonesia's Human Rights Commitments
Human Rights Watch - June 8, 2011
Via facsimile, email
Dear President Yudhoyono,
Congratulations on Indonesia's election to the United Nations Human Rights Council. UN General Assembly resolution 60/251, which established the Human Rights Council, specified that members are to "uphold the highest standards in the promotion and protection of human rights," and "fully cooperate with the Council." We believe it is essential that countries that are members of the Human Rights Council adhere to these criteria.
Over the course of the last decade, Indonesia has taken many important steps to move from an authoritarian state to an emerging, rights-respecting democracy. We commend your support for reconstruction in Aceh and for the anti-corruption commission's prosecution of graft cases involving government officials and public figures.
However, a number of serious human rights concerns remain, particularly with respect to the rights to freedom of expression, peaceful assembly, and religion. If left unaddressed, these challenges could seriously undermine Indonesia's stability and democratic reforms.
Indonesia has made significant pledges to the UN General Assembly outlining its human rights record and voluntary commitments. In meeting those pledges and commitments, Human Rights Watch asks your government to implement the following substantive reforms to better protect and promote human rights.
Freedom of Religion
In its voluntary pledges, Indonesia said it is "underpinned by the principle of religious freedom and tolerance" and is "living proof that democracy and Islam can coexist peacefully, harmoniously and productively." However, longstanding impunity for religious violence in Indonesia has fostered larger and more brutal attacks by Islamist militants against religious minorities, particularly the Ahmadiyah community. In the worst such attack, on February 6, 2011, Islamist militants attacked an Ahmadiyah house in Cikeusik, western Java, killing three Ahmadiyah and seriously wounding five others. Twelve people are currently standing trial for the attack, however none of the accused is charged with murder, and only one is charged with assault causing death. Already, at least two witnesses, including the main suspect Ujang M. Arif, have recanted their testimonies. Lawyers for the defense have asked inappropriate and irrelevant questions of witnesses in an apparent attempt to intimidate them, with no intervention from the judges.
The Indonesian government has often failed to protect members of religious minorities from discrimination and violence. Laws and policies often contribute to this violence through criminalizing the practice of religion that deviates from the central tenets of one of the country's six officially recognized religions.
We urge you to:
In the years immediately after Suharto was forced to step down from power, Indonesia made huge strides in opening space for free expression and the media. But recent years have seen some troubling developments. Indonesian officials continue to enforce a number of laws that criminalize the peaceful expression of political, religious, and other views. These laws include offenses in Indonesia's criminal code such as treason or rebellion (makar) and "inciting hatred" (haatzai artikelen), which have been used repeatedly against peaceful political activists, including those from the Moluccas and Papua. More than a hundred such activists are currently behind bars in Indonesia for peaceful acts of free expression.
Criminal libel, slander, and "insult" laws are also problematic, as they have been invoked against individuals who have raised controversial issues concerning public officials.
Your government has pledged that, "Indonesia continues to strengthen its effort to further promote and protect the human rights and fundamental freedoms of its people." To that end, we urge you to:
As noted in your voluntary pledges, Indonesia has taken an important step by signing the International Convention for the Protection of All Persons from Enforced Disappearance. Your pledges state that "Indonesia national legislations and regulations are harmonized in accordance with those instruments." Under the convention, Indonesia is obligated to investigate alleged disappearances effectively, prosecute those responsible, and provide a proper remedy for victims, including the relatives of disappeared persons. We welcome your government's commitment in the voluntary pledges to "step up its national effort and internal coordination toward ratification of some remaining key international human rights treaties," especially the Convention against Enforced Disappearance.
We urge you to:
Sincerely,
Elaine Pearson
Deputy Director, Asia Division
Juliette de Rivero
Geneva Director
CC:
H.E. Hasan Kleib, Permanent
Representative of Indonesia to the United Nations
H.E. Dr. Makarim Wibisono,
Permanent Representative of Indonesia to the United Nations and Other International
Organizations in Geneva
See also:
Indonesia Indoleft Archive Indonesia links Indonesia News Digest News services on Indonesia Publications & videos on Indonesia Reports & articles on Indonesia Statements & press releases on Indonesia