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Anti-Ahmadiyah decree ‘a human rights violation’
A joint ministerial decree banning the Jamaah Ahmadiyah sect from spreading its beliefs has sparked debate across the country. National Commission on Human Rights (Komnas HAM) chairman Ifdhal Kasim shared his thoughts with The Jakarta Post’s Triwik Kurniasari about the decree signed by Home Minister Mardiyanto, Religious Affairs Minister Maftuh Basyuni and Attorney General Hendarman Supandji on June 10.
Question: How do you see the joint decree against Ahmadiyah?
Answer: The polemics over the decree can have negative consequences for Indonesia as a nation. It can lead to rifts and conflict within the community. The decree brings fears there will be other hard-line groups that pressure the government to ban or disband other groups in the future.
I have serious concerns a dominant religious group, for example a certain Christian group, will urge the government to disband another group that spreads interpretations and activities deviating from the basic teachings of Christianity.
The decree also gives the government more power to interfere in religious affairs. Indonesia is a secular country and its government cannot meddle in its citizens’ religious affairs, which is a very private matter.
This country wasn’t built or developed based on a certain religion. The five principles of Pancasila is the basic system of this country.
The decree is nothing but a form of human rights violation. It goes against Law No. 39/1999 on human rights.
Under the decree, the government still ensures Ahmadiyah’s internal freedom, including allowing them to perform their daily religious services. It also protects them from being attacked by other groups in the community
The government, however, has violated the sect’s external freedom by preventing them from spreading their religious teachings.
According to Law. No. 12/2005, which ratified the International Covenant on Civil and Political Rights, the government can restrain a group’s religious rights only for the sake of maintaining public order, public morality and people’s right and freedom.
The limitation has to be stipulated constitutionally. Ahmadiyah has never violated the three things above. Nor was it ever taken to court for any crimes. So the government cannot ban or dissolve Ahmadiyah based only on assumptions.
In this case, the decree is unconstitutional. It proves the government can be pressured by hard-line groups.
How about the idea of following the example of the Pakistani government, which declared Ahmadiyah an un-Islamic organization?
I don’t think the Indonesian government should follow suit. Pakistan is an Islamic country and it can manage its country under sharia laws. Indonesia can’t do that because it’s a secular country.
What has Komnas HAM done to challenge the decree?
We have sent letters to President Susilo Bambang Yudhoyono and Religious Affairs Minister Maftuh Basyuni, asking them to annul the decree that curbs the freedom of religion.
The decree is absolutely judicially incorrect. Freedom of religion cannot be limited by such a decree but it can only be limited by the law.
What are your suggestions for Ahmadiyah followers to respond to the decree?
Life should go on. They should live their lives. The most important thing is they have their rights as Indonesian citizens. Although they are banned from propagating their religious teachings, they are still allowed to maintain their faith and perform their daily religious activities, such as performing prayers and visiting their mosques.
The most important thing is they shouldn’t be provoked into committing violence to express their objection of the decree.
Besides that, the government itself should be consistent in protecting its citizens. The decree warns of legal prosecution for those attacking Ahmadiyah followers. The government said anyone attacking sect members could be charged under the law on hate crimes. So I hope the government will seriously keep its promise to protect Ahmadiyah followers.
Can Ahmadiyah followers take any legal action to challenge the decree?
Sure they can. They have the same rights and duties as other Indonesians, despite claims their religious beliefs deviate from the principal teachings of Islam. They can file a lawsuit against the government over the decree because the Constitution guarantees freedom of religion.
But the government should be fair and serious in handling the Ahmadiyah case. It should also improve the performances of the judiciary and police.
For people opposed to Ahmadiyah, they can also take legal action against the sect.
What does Komnas HAM expect from the government in relation to a decree like this?
I hope the government will involve us and ask for our opinion in setting rules related to human rights. It’s a must because the commission is in charge of dealing with human rights matters and cases.
The government never asked for our opinion before deciding to issue the joint decree against Ahmadiyah. This has been a big question for me: Why did the government establish the commission, while in practice excluding us when setting human rights policies?
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