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Ahmadiyah decree seen as legalizing violence

Human rights activists have demanded the government annul a decree against Jamaah Ahmadiyah because it violates the Constitution and legalizes crimes against the minority Islamic group

The Jakarta Post
Jakarta
Wed, June 11, 2008

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Ahmadiyah decree seen as legalizing violence

Human rights activists have demanded the government annul a decree against Jamaah Ahmadiyah because it violates the Constitution and legalizes crimes against the minority Islamic group.

The government decision to order the sect to cease religious activities in Indonesia also sparked "great regret" from the Ahmadiyah Muslim Community based in London.

"The Indonesian government must realize it is denying its most loyal citizens their most basic rights, and this alone speaks volumes," the group said Tuesday in a statement.

"In recent months, Ahmadis have been attacked, forced out of their homes and seen their places of worship being burned down. This decree can only increase the risk of violence and cruelty against our peace-loving and tolerant community.

"The thoughts and prayers of all Ahmadis are with our brothers and sisters in Indonesia and indeed in all other parts of the world where we are persecuted."

Mariana Amiruddin from the Jakarta-based Women's Journal Foundation said the joint ministerial decree ran counter to Article 28(i) of the amended Constitution on religious freedom, the 1999 law on human rights and the 2005 law ratifying the International Covenant on Social and Political Rights.

"Given these considerations, we urge the government to annul the decree," she said.

She said the decree, issued Monday, also justified crimes against Ahmadiyah followers, especially the elderly, women and children.

Usman Hamid, coordinator of the Commission for Missing Persons and Victims of Violence, said the decree was not legally binding in terms of either the Constitution or human rights laws.

"Law 10/2004 on regulations relating to the Constitution does not mention any articles stating any decree a rule," he said.

"The decree can be interpreted in many ways by many parties. And if the government does not take appropriate steps, the decree could lead to further conflicts in the future."

Bivitri Susanti from the Indonesian Center for Law and Policy Studies said the use of the 1965 law on blasphemy as legal basis for the decree was "irrelevant".

"The law was enacted in the Sukarno era, during which the president could issue rules. We believe such rules are a vestige of authoritarianism, and limit citizens' rights to freedom of religion," she said.

The Setara Institute urged the House of Representatives to draw up a petition summoning President Susilo Bambang Yudhoyono to account for his administration's policy, which they said had "clearly violated the 1945 Constitution".

"It is for a constitutional violation that the President must be held responsible before the House, the People's Consultative Assembly and the Constitutional Court," said a statement signed by Setara director Hendardi.

The institute said the decree was a "first step and a systematic attempt" toward banning Ahmadiyah.

Human Rights Watch (HRW) said President Yudhoyono should stand up for religious tolerance and reverse the decree permitting the "prosecution of Ahmadiyah".

"The Indonesian government should stand up for religious tolerance instead of prosecuting people for their religious views," Brad Adams, Asia director of U.S.-based HRW, said in a statement. (nkn)

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