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U.S. Department of State
International Religious Freedom Report
October 2001
-Part 2 of 4-
Restrictions on Religious Freedom
Some laws, policies, and actions continued to restrict and discriminate against the religious freedom of religious groups, at times including officially recognized groups, and the Government (i.e., the police) tolerated discrimination and abuse against religious groups by private actors.
On June 1, 2001, the Ministry of Justice revoked the 1976 decision by the Attorney General, reinforced by a separate decision by the same office in 1978, which banned Jehovah's Witnesses from practicing their faith. Jehovah's Witnesses believe that Trinitarian Christians instigated the Government bans and that perhaps some mainstream Christian leaders have influenced government bias against the group. Jehovah's Witnesses report that they continued to experience difficulty registering marriages, enrolling children in school, and in other civil matters in some but not all areas of the country. However, over the last few years, adherents have been able to obtain police permits to hold meetings in hotels and other public sites.
Historically the Government has tried to control Muslim groups whose practices deviate from mainstream Islamic beliefs because of pressure by nongovernmental leaders of mainstream Muslim groups and out of concern for national unity. In 1994 the Government banned the activities of the messianic Islamic group Darul Arqam; however, the Government has not enforced the ban, permitting the organization in practice to circumvent the ban by forming commercial companies, which distribute "halal" goods through food stalls and retail businesses. The Government has banned, in some provinces, the messianic Islamic group Darul Arqam and the Al-Ma'Unah school. The Government closely monitors Islamic groups considered to be deviating from orthodox tenets, and in the past has dissolved some groups. During the period covered by this report, the National Ulemas Council (MUI), which receives government recognition and funding for its activities, continued to oppose a small Islamic spiritual group, the Jamaah Salamulla (Salamulla Congregation) (see Section III). The Jamaah Salamulla believes in reincarnation, employs meditation, and resorts to self-flagellation and burning of the body to achieve spirituality. In May 2001, a mob vandalized the group's retreat in West Java (see Section III). The local village head had issued orders for group followers to vacate the area because their beliefs were "deviant," and they were disturbing the neighborhood.
The Ministry of Religion occasionally monitors the attendance of followers of minority faiths at their places of worship. In a few reported cases, Ministry officials asked the leaders of churches why their membership was low, suggesting that perhaps the church should close down if it had few members. However, many of the restrictions or bans on minority religions or on non-mainstream subsets of leading religions occurred at the provincial or district (kabupaten) level. In some cases, local religious organizations issued the bans on minority religions or groups (see Section III); however, the Government did nothing to challenge these bans. Some religious minority leaders expressed concern that the onset of decentralization and enhanced regional autonomy in the country, which will empower provincial and district governments, might result in issuance of regulations by local officials that could erode the right of minorities to practice their religions. For example, during the period covered by this report the Central Sulawesi branch of the National Ulemas Council (MUI), a nongovernmental organization (NGO) issued an edict banning Hare Krishna in the province. The chief public prosecutor's office in Bali issued a ruling in January 2001 that the local ban on Hare Krishna would remain in place because Hare Krishna practices "disturbed the peaceful lifestyle of Balinese Hindus" (see Section III). Some mainstream Balinese Hindus had lobbied the local public prosecutor's office to reinforce the ban on Hare Krishna.
Because the first tenet of the country's national doctrine, Pancasila, is the belief in one supreme God, atheism is forbidden; however, there were no reports of the persecution of atheists.
The Government prohibits proselytizing by recognized religions on the grounds that such activity, especially in areas heavily dominated by another recognized religion, potentially is disruptive. Ministry of Religion Decision No. 70/1978 (Proselytizing Guidelines) and the Guidelines for Proselytizing and Foreign Assistance to Indonesian Religious Organizations (No. 1/1979) forbid proselytizing by one recognized religion among the followers of another recognized religion. A 1979 Joint Ministry of Religion/Interior Decree (No. 1/1979) stipulates that the members of one religion are not allowed to try to convert members of other religions, including through bribes, persuasion, or distribution of religious materials (pamphlets, magazines, and other printed materials) to persons of other faiths. Door-to-door proselytizing to persons of other faiths also is proscribed. However, the law allows conversion between faiths, and such conversions do occur. Converts to religions other than Islam usually are silent about their change in faith, and there is no data on the numbers of conversions. Independent observers note that it has become increasingly difficult to obtain official recognition for interfaith marriages between Muslims and non-Muslims. Persons who are not members of one of the accepted religions also have difficulty in obtaining official recognition of their marriages.
Citizens must indicate their religion on the national identification cards; however, application of the regulation has been subject to local interpretation, and in some local areas, citizens must list one of the officially recognized religions regardless of whether or not they adhere to one of those religions. In other parts of the country where there are large Confucian populations, citizens can list their religion as Confucianism, and in parts of Java and Kalimantan, citizens can list "Aliran Kepercayaan" or "Kebatinan" as their faith. However, all citizens must specify a religion. It is obligatory to list a religion to receive a national identification card, and failure to identify a religion can make it impossible to obtain the identity card that is required for employment. Marriage and birth registrations also require citizens to list their religion from among those officially recognized and native spiritual groups (including "Aliran Kepercayaan" and "Kebatinan"). In order to register the birth of a child, a parent must present a valid marriage certificate. As a result, adherents of nonrecognized religions have difficulty registering and obtaining marriage and birth certificates. Even though the Government lifted the ban on the practice of Confucianism in 2000, followers still have difficulties registering their marriages in many parts of the country. There are some interfaith groups that are lobbying to remove the requirement to list one's religion on national identification cards. However, many Muslim organizations oppose the change, arguing that it is important to know if a deceased person is Muslim in order to prepare the body for proper religious burial.
According to Guidelines on International Aid for Indonesian Religious Organizations (Ministry of Religion Decree No. 77/1978), foreign religious entities must obtain permission from the Ministry of Religion to provide any type of assistance (in-kind, personnel, and financial) to Indonesian religious groups. Although these guidelines are not enforced always, some Christian groups allege that when they are, they usually are applied to restrict the religious activities of minority groups, including Christians, and rarely are applied to Muslim groups, unless they are non-mainstream Islamic groups.
Since 1985 foreign missionaries must obtain work permit visas, and laws and decrees from the 1970's and 1980's limit the duration of the visas. These visas are difficult to obtain, as are visa extensions, although some extensions have been granted for remote areas like Irian Jaya/Papua. Ministerial Decision No. 49/1980 on Recommendations for Employment Applications of Foreign Religious Workers stipulates that all foreign religious workers must receive a recommendation from the Ministry of Religion (written by the Ministry's Legal and Human Resources Department and signed by the Ministry's Secretary General). To obtain ministry permission, the applicant must obtain and submit: a letter from his/her sponsor; a letter from the Indonesian Embassy in the applicant's country allowing the applicant to obtain a temporary stay visa (VBS); a curriculum vitae; evidence demonstrating that the applicant has skills that a citizen cannot offer; a letter of approval from the Ministry of Religion's provincial director; a letter of support from the Director General of the Ministry of Religion who handles matters concerning the applicant's religion; a letter from the receiving religious institution in the country confirming that the applicant will work no more than 2 years in the country before he/she will be replaced by a citizen, if one can be found; statistical information on the number of followers of the religion in the community; permission from regional security authorities; and approval from district and local Ministry of Religion authorities. Foreign missionaries who obtain visas are able to work relatively unimpeded, although there have been restrictions imposed in conflict areas such as Irian Jaya/Papua and the Moluccas. Foreign missionary work is subject to the funding stipulations of the Social Organizations Law.
There are no restrictions on religious publications, but the dissemination of these materials to persons of other faiths, especially by non-Muslims to Muslims, is not permitted under Ministry of Religion Decision No. 70/1978 and Joint Ministry of Religion/Ministry of Interior Decision No. 1/1979. Religious literature may be printed and religious symbols employed, but the public dissemination of these materials to persons of other faiths is not permitted according to Ministry of Religion Decision No. 70/1979. In previous years, the Government banned some books because of their religious content; however, there were no such reports during the period covered by this report.
The law does not discriminate against any religious group in employment, education, housing, and health; however, some minority groups allege that there is de facto discrimination that limits minority faith access to top government jobs and slots at public universities. Some minority groups also contend that promotion opportunities for non-Muslims in the military and the police are becoming increasingly difficult to obtain. There also is pressure by Muslim groups to accord the best positions to Muslims, the majority group. Vocal segments of the Muslim community have called for a form of affirmative action for "Islamic" civil servants and businessmen to correct the discrimination against them during the Soeharto regime, when a very small minority of Sino-Indonesians were given preferential economic treatment, and many politically active Muslims (or Islamicists) were discriminated against in access to civil service employment and business opportunities.
Ethnoreligious representation in the general officer corps generally is proportional to the religious affiliation of the population at large; Javanese Muslims (the largest single ethnic group) dominate, but Christians are well represented in the general officer ranks (perhaps reflecting generally higher educational standards among the Christian communities). However, promotion to the most senior ranks for Christians and other minorities is limited by a "glass ceiling." Many Christian officers complain openly about this glass ceiling.
Government employees must swear their allegiance to the nation and to the country's national ideology, Pancasila, the first tenet of which is the belief in one supreme God.
Elementary and secondary public schools require students to enroll in a religious studies class covering one of five official religions (Islam, Catholicism, Protestantism, Buddhism, and Hinduism). Students are free to choose which of these five religions to study, but enrollment is mandatory. Interdenominational courses are not offered, although some interfaith groups are lobbying for inclusion of this option in the educational curriculum. There still are no courses on Confucianism in the public schools.
The Ministry of Religion through a joint Ministerial Decree issued in 1969 restricts the building and expansion of houses of worship and prohibits the use of private dwellings for worship unless a license is obtained from the regional office of the Ministry of Religion and the community approves. This decree has been used to prohibit the construction and expansion of churches and to justify the closure of churches in predominantly Muslim areas. Although these regulations apply to all recognized religions, minority--especially Protestant--groups claim that the law is enforced only on minority groups, and that minority groups have difficulty obtaining the proper licenses and permits to build houses of worship. Christians claim that the law is not enforced on Muslim communities, which often do not apply for the permits before constructing a mosque. Even when the proper permits are obtained, some Christian groups encounter difficulties in constructing or reconstructing churches. For example, during the period covered by this report a Muslim mob attacked and destroyed a Pentecostal church that was under construction in North Jakarta, even though the church had all the required permits. The local authorities did nothing to redress the situation or resolve the problem, except to suggest that the church be relocated elsewhere. In November 2000, the director of the local government Social-Political Affairs (Kakansospol) office on Lombok Island ordered the closure of eight churches in Mataram on the grounds that the churches had not obtained the proper permits, and the activities of the churches disturbed the peace in what were predominantly Muslim neighborhoods. Another church in West Jakarta was closed and ordered to move under the written instruction of the Governor of West Jakarta during the period covered by this report. The governor claimed that the presence of the church had disturbed Muslim neighbors, and that a youth group from a nearby mosque opposed the idea of having the church so close to the mosque (see Section III). In some cases, even when the building or expansion permits were obtained, Muslim mobs attacked the church grounds, forcing the Christian worshippers to close their building project (see Section III).
President Wahid has supported the implementation of Shari'a (Islamic law) in Aceh Province. Law 44/1999 on Special Autonomy for Aceh gives Aceh authority to apply Shari'a law in the province to religion, education, culture, civil law, and policy-making spheres. At the end of the period covered by this report, more comprehensive legislation (Special Autonomy for Aceh Nanggroe Darussalam) was under consideration in the parliament, the People's Representative Assembly (DPR). The bill would allow Aceh to establish a court system based on Shari'a law. Individuals sentenced under the new Acehnese Shari'a law would not have the right of appeal to the Supreme Court. The new law also would allow the Acehnese to restrict the freedom to choose one's religion; for example, Muslims would be forbidden to convert. Extreme sanctions, such as the amputation of limbs, are not mentioned in the draft, and President Wahid has assured the public that these types of sanctions would not be practiced.!
However, some Muslim scholars argue that there is nothing in the draft legislation that would forbid the application of Shari'a punishments (hudud) to any crimes. The Government also has assured the public that Shari'a law would not apply to non-Muslims in Aceh, but debate in the DPR continues over whether Shari'a law would apply to all Acehnese residents, or only to Muslims.
In light of the Government's decision to allow Aceh to apply aspects of Shari'a law and the implementation of national legislation granting greater regional autonomy (Law 22/1999 on Regional Autonomy and Presidential Decree 25/2000), a number of provincial parliaments were deliberating whether to impose Shari'a law in their provinces. In October 2000, Muslim leaders in South Sulawesi issued a statement that Muslims in the province were ready to accept Shari'a law, and they formed a committee (the KPPSI) to prepare for its implementation (see Section III). On April 24, 2001, the KPPSI issued the "Makassar Declaration" announcing the enactment of Shari'a law in South Sulawesi and forwarded the document to the DPR Chairman, Akbar Tandjung, for parliamentary consideration and approval. The declaration was pending at the end of the period covered by this report. Provincial legislatures in Banten (Java), Gorontolo (Sulawesi), Maluku, North Maluku, Riau (Sumatra), and South Kalimantan provinces also were considering implementation of Shari'a. A number of Christians and Muslim moderates have expressed serious concern that these efforts to implement Shari'a foreshadow a growing Islamic fundamentalism.
Marriage law for Muslims is based on Shari'a (Islamic law) and allows men to have up to four wives if the husband is able to provide equally for each of them. Court permission and the consent of the first wife is required, but reportedly most women cannot refuse subsequent marriages. Cabinet officials and military personnel customarily have been forbidden from taking second wives, although reportedly a few ministers in President Wahid's Cabinet have second wives. During 2000 Government Regulation 10/1983, which stipulates that a male civil servant must receive the permission of his superior to take a second wife, came under considerable attack and renewed scrutiny. The Minister of State for Women's Empowerment, Khofifah Indar Parawansa, proposed that the regulation be revoked or modified, arguing that supervisors often use the regulation as leverage over subordinates, and that the regulation is an embarrassment to women. She also asserted that many men avoid the regulation by establishing illicit relationships. Other women, including First Lady Sinta Nuriyah Abdurrahman Wahid, opposed revoking the regulation, arguing that it protects women. Some women's groups urged the Government to ban polygyny altogether.
In divorce cases, women often bear a heavier evidentiary burden than men in obtaining a divorce, especially in the Islamic-based family court system. Divorced women rarely receive alimony, and there is no enforcement of alimony payment. According to Shari'a, a divorced wife is entitled to only 3 months of alimony, and even alimony for this brief period is not always granted.
In some areas of the Moluccas where Islamic militia groups (Laskar Jihad) are in control, freedom of religion is restricted. Laskar Jihad militants have forced Christians in some areas of the Moluccas either to convert to Islam, leave the area, or be executed.
Abuses of Religious Freedom
Religious violence and the lack of an effective government response to punish perpetrators and prevent further attacks continued to lead to allegations that officials were complicit in some of the violence or, at a minimum, allowed it to occur with impunity. Although the President and other officials repeatedly have criticized instances of interreligious violence, the Government's efforts to end or reduce such violence generally continued to be ineffective. The Government at times has tolerated the abuse of freedom of religion, claiming that it does not have the capacity or authority to deal with the "emotions" of private individuals or groups who target others because of their beliefs.
According to credible reports, individual members of the security forces in the Moluccas, especially on the centrally located island of Ambon, were responsible for some of the shooting deaths that occurred during widespread riots and communal clashes throughout the period covered by this report (see Section III).
Witnesses testified to human rights groups of incidents when active duty and retired military personnel participated in or stood by during the torture or executions of Christians who refused to convert to Islam in the Moluccas. These incidents reportedly occurred during the period covered by this report in Ambon, Keswui, Buru, Seram and other parts of Maluku Province, as well as in February 2000 in Lata Lata, North Maluku Province. Witnesses and victims also testified to human rights organizations that active duty military and police officials stood by while members of one religious group raped or mutilated members of another faith. Mass forced conversions and circumcisions of Christians in the Moluccas occurred during the period covered by this report, and witnesses and victims alleged that active duty military and police personnel were present, but did nothing, during some of these incidents.
During the period covered by this report, there were reports of beatings of Christians by Muslim police officers and of Muslims by Christian police officers in Maluku Province. There also were reports of Muslim military personnel beating Christians in the Moluccas. For example, on October 16, 2000, in the Christian area of Susupu, Halmahera (North Maluku) the leader of the army unit stationed there allegedly hit a Christian leader in the head with a pistol, fired warning shots into the air, and threatened to kill him and other Christians if they did not cooperate with the security forces.
In the Moluccas, both Christians and Muslims alleged that police and military personnel were not always neutral and often sided with coreligionists in the communal conflict. In Maluku Province, Christian sources continued to allege that Muslim security forces often would fail to intervene to protect Christian areas that were attacked by Muslim militia. For example, predominantly Muslim units dispatched from Java and Sulawesi allegedly sided with Muslim vigilantes and used excessive force against Christians. In other instances, Muslims claimed that Christian security forces would not defend Muslim areas attacked by Christian militia. Muslims in Ambon claimed that members of the predominantly Christian police force sided with their coreligionists. However, there was no evidence to suggest that the security forces, as an institution, supported either group. Some individuals and some units occasionally sided with their coreligionists, but their actions appeared to be random and contrary to orders. On January 21 and 22, 2001, a joint military/police force created to deal with "rogue" police officers and militia members clashed with Muslims in Ambon, killing 10 Muslims, including three Muslims that had attacked a military patrol; two police officers also were killed. Muslim leaders criticized the joint force for acting in response to pressure by domestic and foreign Christians. Several hundred police officers themselves have been attacked, and some were killed because of their religion; hundreds of police members and their families and numerous other government officials are among the country's internally displaced persons (IDP's).
From July to November 2000, the Government largely was ineffective in deterring interreligious violence that led to over 1,000 deaths, thousands of injuries, and tens of thousands of displaced persons in the Moluccas. Enforcement of the law against criminal violence deteriorated, encouraging religious groups purporting to uphold public morality to act with growing impunity. In some incidents security forces took sides in the conflict and participated in the violence; in others the forces stood by while Christian and Muslim civilians battled one another. According to many Christian leaders, the anti-Christian sentiment behind the violence in the Moluccas and elsewhere is not new (see Section III), but the failure of the Government to punish the perpetrators associated with such acts is new. They claim that such impunity has contributed significantly to the continuation and spread of the violence. However, starting in December 2000, the security forces in Ambon started to act more objectively, often stemming attacks by one militant religious group against a civilian population of another faith. However, perpetrators--Laskar Jihad members in particular--rarely were detained and when they were, they typically were released after supporters rallied in demand of their release and threatened police. In addition the Government failed to suppress or respond to most cases of violence and did not resolve fully the many cases of attacks on religious facilities that occurred during riots. In many cases, the Government did not investigate such incidents at all.
Despite the imposition of a state of civil emergency in June 2000 and promises to deport all non-resident provocateurs, the Government failed to halt the violence in Maluku Province, largely because of weak local government leadership and interservice rivalry between elements of the security forces. In May and June 2001, there was renewed violence, incited by the continued presence and activity of armed militant Muslims from outside the province (see Section III). However, the situations in North Maluku and Central Sulawesi Provinces stabilized during the period covered by this report due in large part to effective local government leadership that enforced the ban on entry by outsiders and administered justice to the perpetrators. In February 2001, some Christians who had fled were resettled in their homes on Halmahera Island.
In February 2001, North Maluku Province authorities detained, questioned and then expelled three foreign Christian missionaries and several Muslim teachers of Pakistani nationality. The province was under a state of civil emergency at the time (and throughout the period covered by this report). The Governor required both foreign and domestic groups from outside the province to obtain prior permission to enter the province and forbade entry if he believed the presence of an outside group might trigger more sectarian violence.
In April 2001, local courts sentenced to death three Christian prisoners who were found guilty of killing hundreds of Muslims and inciting religious hatred in Poso, Central Sulawesi in May to June 2000. Confessions and evidence supported the prosecution's case that the three prisoners, who were Christian militia leaders, were guilty; however, the prisoners and some of their supporters alleged that the trials were religiously motivated because while they were sentenced to death, Muslim militia who had killed Christians and been arrested were released from detention under pressure from Muslim groups. In May 2001, a man was arrested in Luwu, Central Sulawesi for attempting to bomb three Christian churches.
There were no reports that the Government was directly involved in the forced resettlement of individuals because of their religious affiliations; however, the Government did urge many Christian and Muslim IDP's in the Moluccas to relocate temporarily to designated IDP camps or other facilities. The Government's urging of IDP's to relocate to safer areas is standard policy and appears to have been driven by concerns for IDP safety and welfare. Victims and witnesses reported that some active duty and retired military and police stood by while militia groups forced non-coreligionists out of their communities if they were unwilling to convert. Most of the incidents involved Muslim militia expelling Christians; however, there also were some reports of Christian militia expelling Muslims from certain areas (on Halmahera Island, North Maluku, and on Saparua Island, Maluku).
There were no reports of religious prisoners or detainees.
The police made some effort to crack down on radical Islamic groups conducting sweeps and raids from October to December 2000 (see Section III). But police were reluctant to appear anti-Islamic and the efforts were halfhearted and largely ineffective. There were no reports of any of the perpetrators being tried for assault and vandalism, and most raids on nightspots went unchecked. Bowing to the sensitivities of a growing number of increasingly vocal Muslims, many city governments including Jakarta's, ordered night clubs, bars, and other entertainment centers to close down during the Ramadhan holy season from November to December 2000 as well as during other Muslim religious holidays.
The Laskar Jihad ("holy war troops"), which formed in 2000 and underwent paramilitary training, continued its crusade against the Moluccan Christian populations, allegedly in reaction to a Christian conspiracy to turn Maluku Province into an independent Christian nation. Many of its recruits, some of whom were children, were deployed to Maluku and North Maluku Provinces beginning in late April 2000, where they reportedly joined in fighting against Christians. The Government generally failed to prevent their activities.
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