THE TANDEM PROJECT
UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF
Separation of Religion or Belief
& State
First Session U.N. Human Rights
Council Universal Periodic Review (7-18 April, 2008)
Available in other languages: click here if the language box does not display.
The Universal Periodic
Review (UPR) is a unique process launched by the UN Human Rights Council in
2008 to review the human rights obligations and responsibilities of all UN
Member States by 2011. Click for an Introduction to the Universal Periodic
Review, Process and News: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
UNIVERSAL PERIODIC REVIEW
The Indonesia
Universal Periodic Review was held by the UN Human Rights Council on
Link to:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/idsession1.aspx
The primary human rights
instruments for this review are:
Article 18 International Covenant
on Civil and Political Rights; and the 1981 Declaration on the Elimination of
all Forms of Intolerance and of Discrimination Based on Religion or Belief.
General Comment 22 on
Article 18 of the International Covenant on Civil and Political Rights:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocument
The 1981 UN Declaration: http://www.tandemproject.com/program/81_dec.htm
THE TANDEM PROJECT FOLLOW-UP
The Tandem Project Follow-up builds on the 1986 Community
Strategies, 27 action proposals at a local level to implement
Article 18 of the ICCPR and the 1981 UN Declaration on Freedom of Religion or
Belief:
http://www.tandemproject.com/tolerance.pdf
(1) Develop model
local-national-international integrated approaches to human rights and freedom
of religion or belief, appropriate to the constitutions, legal systems and
cultures of each country, (2) Use International Human Rights Standards on
Freedom of Religion or Belief as a platform for inclusive and genuine dialogue,
(3) Apply these standards on freedom of religion or belief in education curricula,
“teaching children, from the very beginning, that their own religion is one out
of many and it is a personal choice for everyone to adhere to the religion or
belief by which he or she feels most inspired, or to adhere to no religion or
belief at all.”
Example: Universal
Periodic Review & Freedom of Religion or Belief
The challenge to the UN
Human Rights Council is to achieve consensus among world views relating to international human rights
standards on freedom of religion or belief and freedom of opinion and
expression. While recognizing the religious and cultural sensitivity of these
issues, it is time after 40 years for the UN
Human Rights Council to establish an Open-ended Working Group
for a UN Convention on Freedom of Religion
or Belief, deferred since 1968 by its predecessor the UN Human Rights
Commission, and to strengthen the Special Procedures mandate of the UN Special
Rapporteur on Freedom of Religion or Belief (Attachment).
RECOMMENDATIONS
Pancasila
the official
government philosophy recognizes six religions in the
The Government of Indonesia should consider ways to
implement Article 4.2 of the 1981 UN Declaration on Freedom of Religion or
Belief; All States shall make all efforts to enact or
rescind legislation where necessary to prohibit any such discrimination, and to
take all appropriate measures to combat intolerance on the grounds of religion
or other beliefs in this matter. The Indonesia Universal Periodic
Review is a unique opportunity to begin to build a legal and cultural consensus
with international law and human rights standards on freedom of religion or
belief.
The Tandem Project Follow-up recommends non-governmental
organizations and civil society in
______________________________________________________________________________________________
EXCHANGE OF INFORMATION
Links: Web sites in the public domain may be
distributed unless copyright is indicated.
The Tandem Project Follow-up is seeking an exchange of information
for the Indonesia Universal Periodic Review on approaches to freedom of
religion or belief and freedom of opinion and expression, to
bridge human rights proclaimed in treaties at the international level with the
reality of implementation at a national and local level.
These are just a few
among many religious and non-governmental organizations with expertise in
Indonesia that may be asked for advice about the practicality, within the
Indonesian context, of an exchange of information on issues of concern relating
to international human rights and freedom of religion or belief. The Minneapolis-St. Paul Area Survey on Freedom of Religion or Belief
is an example of what The Tandem Project looks for in partnership exchanges
(Attachment).
Indonesian National Human Rights
Commission: Letter
Submitted for
Stakeholder Letters: Submitted for the
http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRIndonesiaStakeholderInfoS1.aspx
Muhammadiyah (Persyarikatan
Muhammadiyah): Web
site.
Muhammadiyah literally
means “followers of Muhammad.” The organization was founded in the city of
http://en.wikipedia.org/wiki/Muhammadiyah.
Indonesian Legal Aid Foundation: http://www.ylbhi.or.id/index.php?cx=7
The Legal Aid Foundation
(LBH) was established by the initiative of the Indonesian Advocates Association
(Peradin) Third Congress in 1969. Today LBH which is now named (YLBHI) has 14
branches and 7 posts spread across
Legacy International is a
non-profit educational and training organization based in the
The Oslo Coalition on
Freedom of Religion or Belief Indonesia Project started in 2002 with a
Norwegian delegation visit to
In 2007-2008 the Oslo
Coalition Indonesia Project supported a “Bridge Building Dialogue” process, a
workshop on “Teaching for Tolerance” with the State University of Islamic
Studies UIN Makassar, UIN Yogyakarta University training course in freedom of
religion or belief, UIN Sunan Kalijaga/UIN Alauddin Makassar development of
pilot project workshop materials for teachers of religion, CEPDES essay
competition on human rights and Sharia in Koran Schools, PSIF (Center for
Islamic and Philosophical Studies) preparation for field work research on the
Hindu-Balinese minority on Lombok, Interfiei research project on Indonesian
Religious education at primary and secondary level, and in June 2004, an
international Workshop on Equality and Plurality in cooperation with UIN
Yogyakarta. The Tandem Project Follow-up proposals
for integration, dialogue and education will ask the Oslo Coalition for
suggestion on local partnerships in these localities and issue areas.
Center for Religious and Cross Cultural Studies:
Freedom and Responsibility: When Muslims &
Christians Explore Their Theology.
http://www.crcs.ugm.ac.id/news.php?news_id=189
The Center for Religious
and Cross Cultural Studies (CRCS) was established in 2000 in the
Nahdlatul Ulama (NU): http://www.nu.or.id/page.php?lang=en
Nahdlatul Ulama (NU) is a
conservative Sunni Islam group in
International Crisis Group
http://www.crisisgroup.org/home/index.cfm?id=2959&l=1
The International Crisis
Group (Crisis Group) is an independent, non-profit, non-governmental
organization, with some 130 staff members on five continents working through
field-based analysis and high-level advocacy to prevent and resolve deadly
conflict. The International Crisis Group is now generally recognized as the
world’s leading independent non-partisan source of analysis and advice to
governments, and intergovernmental bodies like the United Nations, European Union
and World Bank. Aceh Province Parliament has passed a law making adultery
punishable by stoning to death based on Sharia law, which obviously is not in
compliance with international standards on human rights and freedom of religion
or belief. Aceh rebels gave up their arms and separatist rebellion in 2005
under a power sharing agreement with the Indonesian government after 30 years
of war. The Tandem Project Follow-up will ask
the International Crisis Group and Martti Ahtirsaari, Nobel Peace Prize laureate,
who helped broker the peace agreement, for advice on approaches to freedom of
religion or belief in
World Council of Churches: Letter submitted for the Indonesia
Universal Periodic Review:
The World Council of
Churches (WCC) program on Inter-religious dialogue and cooperation promotes
respectful coexistence and peaceful integration in a pluralistic society,
enabling bilateral and multilateral dialogues, regional and cross-cultural
encounters on topics like the perceptions of “the other”; religion and
violence; etc. The WCC Letter for the
Indonesia Universal Periodic Review has recommendations helpful as a focus of
their interests for an exchange of information with The Tandem
Project Follow-up to the Indonesia Universal Periodic Review.
Communion of Churches in
http://www.oikoumene.org/en/member-churches/regions/asia/indonesia/cci.html
The Communion of Churches
in
Lutheran World Federation; http://www.lutheranworld.org
The Lutheran World
Federation (LWF) is a global communion of Christian churches in the Lutheran
tradition with international headquarters in
CCE
CCE-Indonesia is a non-profit
organization which has been creating innovative civic education programs for
nine years in
Franciscans International Letter;
Franciscans International
is a non-governmental organization (NGO) at the United Nations. It is an
international ministry founded in 1989 of the entire Franciscan movement, men
and women, lay and cleric, Protestant and Catholic. Operating under the
sponsorship of the Conference of the Franciscan Family (CFF) which has the see
in
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FREEDOM OF RELIGION OR BELIEF
1.
An archipelago
of more than 17,000 islands, the country has an area of 700,000 million square
miles and a population of 245 million.
According to the
2000 census report, 88.2 percent of the population described themselves as
Muslim, 5.9 percent Protestant, 3.1 percent Roman Catholic, 1.8 percent Hindu,
0.8 percent Buddhist, and 0.2 percent "other," including traditional
indigenous religions, other Christian groups, and Jewish. Some Christians,
Hindus, and members of other minority religious groups argued that the census
undercounted non-Muslims. The Government does not recognize atheism.
Many smaller Muslim
organizations exist, including approximately 400,000 persons who subscribe to
the Ahmadiyya Qadiyani interpretation of Islam. A smaller group, known as
Ahmadiyya Lahore, is also present. Other Islamic minorities include al-Qiyadah
al-Islamiya, Darul Arqam, Jamaah Salamulla (Salamulla Congregation), and
members of the Indonesian Islamic Propagation Institute.
The Ministry of
Religious Affairs estimates that 19 million Protestants (referred to locally as
Christians) and 8 million Catholics live in the country. The province of East
Nusa Tenggara has the highest proportion of Catholics at 55 percent. The
province of Papua contains the highest proportion of Protestants at 58 percent.
Other areas, such as the Maluku Islands and North Sulawesi, host sizable
Christian communities.
The Ministry of
Religious Affairs estimates that 10 million Hindus live in the country. Hindus
account for approximately 90 percent of the population in Bali. Hindu
minorities (called "Keharingan") reside in Central and East
Kalimantan, the city of Medan (North Sumatra), South and Central Sulawesi, and
Lombok (West Nusa Tenggara). Hindu groups such as Hare Krishna and followers of
the Indian spiritual leader Sai Baba are also present, although in smaller
numbers. Some indigenous religious groups, including the "Naurus" on
Seram Island in Maluku Province, incorporate Hindu and animist beliefs into
their practices. Many have also adopted some Protestant principles. The Tamil
community in Medan represents another concentration of Hindus.
The country has a small
Sikh population, estimated between 10,000 and 15,000. Sikhs reside primarily in
Medan and Jakarta. Eight Sikh temples (gurdwaras) are located in North Sumatra,
while Jakarta has two Sikh temples with active congregations.
Among Buddhists,
approximately 60 percent follow the Mahayana school, Theravada followers
account for 30 percent, and the remaining 10 percent belong to the Tantrayana,
Tridharma, Kasogatan, Nichiren, or Maitreya schools. According to the Young
Generation of Indonesian Buddhists, most believers live in Java, Bali, Lampung,
West Kalimantan, and the Riau islands. Ethnic Chinese make up an estimated 60
percent of Buddhists.
The number of
Confucians remains unknown because at the time of the 2000 national census,
respondents were not allowed to identify themselves as such. The Supreme
Council for Confucian Religion in Indonesia (MATAKIN) estimated that ethnic
Chinese made up 95 percent of Confucians with the balance mostly indigenous
Javanese. Many Confucians also practiced Buddhism and Christianity.
An estimated 20
million persons in Java, Kalimantan, Papua, and elsewhere practice animism and
other types of traditional belief systems termed "Aliran
Kepercayaan." Some animists combine their beliefs with one of the
government-recognized religions.
There are very small Jewish communities in Jakarta and
Surabaya. The Baha'i community reported thousands of members, but no reliable
figures were available. Falun Dafa, which considers itself a spiritual
organization rather than a religion, claims between 2,000 and 3,000 followers,
nearly half of whom live in Yogyakarta, Bali, and Medan.
2.
The Constitution
provides for the freedom of religion, and the Government generally respected
this right in practice. The Constitution accords "all persons the right to
worship according to their own religion or belief " and states that
"the nation is based upon belief in one supreme God." The first tenet
of the country's national ideology, Pancasila, declares belief in one God.
However, some restrictions exist on certain types of religious activity and on
unrecognized religions. Government employees must swear allegiance to the
nation and to the Pancasila ideology. The Government sometimes tolerated
extremist groups that used violence and intimidation against religious groups,
and often failed to punish perpetrators. The Government did not use its
authority to review or revoke local laws that violated freedom of religion.
The Ministry of
Religious Affairs extends official status to six faiths: Islam, Catholicism,
Protestantism, Buddhism, Hinduism, and, as of January 2006, Confucianism.
Atheism is not recognized. Religious organizations other than the six
recognized religions can register with the Ministry for Culture and Tourism
only as social organizations, restricting certain religious activities.
Unregistered religious groups do not have the right to establish a house of
worship and have administrative difficulties obtaining identity cards and
registering marriages and births.
3.
Government
policy and practice contributed to the generally free practice of religion.
However, certain policies, laws, and official actions restricted religious
freedom, and the Government sometimes tolerated discrimination against and
abuse of individuals based on their religious belief by private actors. There
were no reports of religious prisoners or detainees in the country.
The Government
requires all adult citizens to carry a National Identity Card (KTP) which,
among other things, identifies the holder's religion. Members of religions not
recognized by the Government are generally unable to obtain KTPs unless they
incorrectly identify themselves as belonging to a recognized religion. During
the reporting period, human rights groups continued to receive sporadic reports
of local Civil Registry officials who rejected applications submitted by
members of unrecognized or minority religions. Others accepted applications,
but issued KTPs that inaccurately reflected the applicants' religion. Some
animists received KTPs that listed their religion as Islam. Many Sikhs
registered as Hindu on their KTPs and marriage certificates because the
Government did not officially recognize their religion. Some citizens without a
KTP had difficulty finding work. Several nongovernmental organizations and
religious advocacy groups continued to urge the Government to delete the
religion category from KTPs.
The civil
registration system restricts the religious freedom of persons who do not
belong to the six recognized faiths; animists, Baha'is, and members of other
small minority faiths found it difficult to register marriages or births,
notwithstanding the June 2007 regulation pertaining to marriage and civil
administration. In practice, couples prevented from registering their marriage
or the birth of a child in accordance with their faiths converted to one of the
recognized faiths or misrepresented themselves as belonging to one of the six.
Those who chose not to register their marriages or births risked future
difficulties: a child without a birth certificate cannot enroll in school and
may not qualify for scholarships. Individuals without birth certificates do not
qualify for government jobs.
4.
During the reporting period, there were
reports of societal abuses or discrimination based on religious belief or
practice.
The Government
tolerated discrimination and abuse toward the Ahmadiyya by remaining silent on
the 2007 MUI fatwa containing guidelines condemning Islamic groups such as the
Ahmadiyya who profess belief in a prophet after Muhammad, the 2005 MUI fatwa
that explicitly banned the Ahmadiyya, and local government bans. Varying
reports provided different numbers of mosques attacked or closed. However,
according to national Ahmadiyya spokespersons, during the reporting period, 21
Ahmadiyya mosques were forced to close around the country; 15 were closed in
Local sources reported 2 Ahmadiyya camps in
Source: US State
Department 2008 International Religious Freedom Report;
http://www.state.gov/g/drl/rls/irf/2008/108407.htm
Links to State Department
sites are welcomed. Unless a copyright is indicated, information on the State
Department’s main website is in the public domain and may be copied and
distributed without permission. Citation of the U.S. State Department as source
of the information is appreciated.
Documents Attached:
Indonesia - Universal Periodic Review & Freedom of Religion or Belief
Mandate on Right to Freedom of Religion or Belief Adopted Without Consensus
Minneapolis-St. Paul Area Survey on Freedom of Religion or Belief
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United Nations Secretary
General Ban Ki Moon, at the Alliance of Civilizations Madrid Forum said; “never
in our lifetime has there been a more desperate need for constructive and
committed dialogue, among individuals, among communities, among cultures, among
and between nations.”
Genuine dialogue on human
rights and freedom of religion or belief calls for respectful discourse, discussion
of taboos and clarity by persons of diverse beliefs. Inclusive dialogue
includes people of theistic, non-theistic and
atheistic beliefs, as well as the right not to profess any religion or belief.
The warning signs are clear, unless there is genuine dialogue ranging from
religious fundamentalism to secular dogmatism; conflicts in the future will
probably be even more deadly.
In 1968 the UN deferred
work on an International Convention on the Elimination of all Forms of
Religious Intolerance because of its complexity and sensitivity. Violence,
suffering and discrimination based on religion or belief in many parts of the
world is greater than ever. It is time for
a UN Working Group to draft what they deferred in 1968, a comprehensive core
international human rights treaty-a United Nations Convention on Freedom of
Religion or Belief. United
Nations History – Freedom of Religion or Belief
The challenge to
religions or beliefs at all levels is awareness, understanding
and acceptance of international human rights standards on freedom of
religion or belief. Leaders, teachers and followers of all religions or
beliefs, with governments, are keys to test the viability of inclusive and
genuine dialogue in response to the UN Secretary General’s urgent call for
constructive and committed dialogue.
The Tandem Project title,
Separation of Religion or Belief and State (SOROBAS), reflects the far-reaching scope of UN
General Comment 22 on Article 18, International Covenant on Civil and Political
Rights, Human Rights Committee (CCPR/C/21/Rev.1/Add.4). The General Comment on
Article 18 is a guide to international human rights law for peaceful
cooperation, respectful competition and resolution of conflicts:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocument
Surely one of the best
hopes for humankind is to embrace a culture in which religions and other
beliefs accept one another, in which wars and violence are not tolerated in the
name of an exclusive right to truth, in which children are raised to solve
conflicts with mediation, compassion and understanding.
The Tandem Project is a non-governmental organization (NGO)
founded in 1986 to build understanding, tolerance and respect for diversity,
and to prevent discrimination in matters relating to freedom of religion or
belief. The Tandem Project has sponsored multiple conferences, curricula,
reference materials and programs on Article 18 of the International Covenant on
Civil and Political Rights – Everyone shall have the right to freedom of
thought, conscience and religion - and 1981 United Nations Declaration on the
Elimination of All Forms of Intolerance and Discrimination Based on Religion or
Belief.
The Tandem Project is a UN NGO in
Special Consultative Status with the
Economic and Social Council of
the United Nations