Showing posts with label UN Convention. Show all posts
Showing posts with label UN Convention. Show all posts

Thursday, August 25, 2011

Indonesian Sharia police separate Aceh lesbian couple

BBC News, ByAlice Budisatrijo, Jakarta, 25 August 2011

RelatedStories 

Islamicpolice in the Indonesian province of Aceh have forced two women to have theirmarriage annulled and sign an agreement to separate.

Aceh is the only province in Indonesia to
apply Sharia law
The womenhad been legally married for a few months after one of them passed as a man infront of an Islamic cleric who presided over their wedding.

Butsuspicious neighbours confronted the couple and reported them to police.

The twowomen are now back with their families, forcibly separated and undersurveillance by the Islamic police.

The localSharia police chief told them Islam said they must be beheaded and burned forwhat they had done.

But Aceh,the only province in Indonesia that is allowed to implement Sharia law, has yetto adopt any provisions dealing with gay and lesbian people.

Theprovincial parliament passed Islamic laws authorising the stoning to death ofadulterers and the caning of homosexuals in 2009, but the governor has refusedto sign it.

Homosexualityis frowned upon but legal in Indonesia.

Activistshave blamed Aceh's Sharia laws for encouraging vigilantism and intolerance, andsay they violate the Indonesian constitution.


About the Challenges of Being a Gay Man – Oct 23, 2010 (Saint Germain channelled by Alexandra Mahlimay and Dan Bennack) - “You see, your Soul and Creator are not concerned with any perspective you have that contradicts the reality of your Divinity – whether this be your gender, your sexual preference, your nationality – or your race, ethnicity, religious beliefs, or anything else.”


"The Akashic System" – Jul 17, 2011 (Kryon channelled by Lee Carroll) - (Subjects: Religion, God, Benevolent Design, DNA, Akashic Circle, (Old) Souls, Gaia, Indigenous People, Talents, Reincarnation, Genders, Gender Switches, In “between” Gender Change, Gender Confusion, Shift of Human Consciousness, Global Unity,..... etc.)  New !

Sunday, July 10, 2011

The path from dictatorship to democracy

The Jerusalem Post, by GIORA ELIRAZ , 07/10/2011

Indonesia has asked in recent years to be more involved in Middle Eastern affairs by playing the role of mediator and peacemaker.

A new factor has been inserted into the equation of political reform in Egypt: a dialogue between Egypt and Indonesia on promoting democracy. This move was triggered by Egypt’s request for Indonesian assistance in organizing the coming elections, and establishing regulations related to political parties.

This request by Egypt, the Arab and Muslim world’s center of gravity, is not obvious. There have been hopes inside Indonesia and outside (in the US in particular) that the Asian country’s democracy would serve as a model for reforms in the Muslim world, mainly in the Middle East.

Indonesia has also asked in recent years to be more involved in Middle Eastern affairs by playing the role of mediator and peacemaker. It has sustained such aspirations by having a model that combines Islam, democracy, pluralism, tolerance and modernity.

But some observers were skeptical about the prospects of such hopes, as many Arabs hold a patronizing view of Indonesian Muslims and display a critical attitude toward the nature of Islam there. 

There are grounds to wonder why Egypt addressed Indonesia and not its regional neighbor, Turkey. After all, the Turkish model of compatibility between Islam and democracy has been going on for longer, and Egypt has much more in common with Turkey than with Indonesia.

However it makes sense that Egypt prefers to address a Muslim country located far beyond the horizon of Middle Easterners, rather than Turkey, its competitor for regional hegemony.

Possible Egyptian sensitivities may also partly explain why it officially, in contrast to Indonesia, doesn’t give explicit publicity to the two countries’ democracy-advancing cooperation.

Indonesia seems to fully understand such sensitivities, as well as the fact that in the centuries-old Islamic interaction between Egypt and the archipelago, knowledge and ideas have been transferred in one direction only, from the former to the latter.

Referring to the Egyptian request, Indonesian Foreign Affairs Minister Marty Natalegawa stressed that his country should assist the Egyptians wisely lest it seem as though the Indonesians were preaching to them.

But the main reason for Egypt’s addressing Indonesia seems to be an understanding that the latter has succeeded in solving its 1998 political crisis in the wake of the Suharto regime’s downfall. The Egyptians also seem to be aware of the high relevancy of the Indonesian case. Amazing similarities exist between Egypt’s current circumstances and those of Indonesia in the late 1990s and early 2000s. To mention just a few of them: Two countries with a dominant Sunni majority experienced a massive democratic protest, mainly by the middle class, against an authoritarian regime headed by an ex-general who had ruled for about three decades. In both cases, the ruler eventually lost the crucial support of the army.

The preliminary years of the post-Suharto era were marked by deep political turmoil that included manifestations of religious extremism and violence, sectarian conflicts, awakening separatist aspirations, the growing voice of radical Islam, increasing religious militancy and threats of terror.

Many observers watched gloomily, fearing that the just-born democracy was liable to crash soon. It was only in 2004, after the second parliamentary elections and first direct presidential elections, and after Indonesia had surmounted many obstacles, that observers started to believe the Indonesians were displaying the attributes of a consolidated democracy.

Hence it is no wonder that the Egyptians dig into the Indonesian case. Last May, a workshop initiated by the Institute for Peace and Democracy (IPD) took place in Jakarta under the title “Egypt-Indonesia Dialogue on Democratic Transition.”

Indonesia established the IPD in 2008 to support the Bali Democracy Forum (BDF), which it had established in the same year for promoting democracy in Asia. This initiative has been carried out in cooperation with Australia and was praised by the US. Officials from some Arab countries were invited to the meetings of this forum even before the Arab Spring.

Both men and women participated in the May workshop, among them political leaders, democracy activists, academics and representatives from NGOs and the media.

The workshop addressed the following main issues: the role of the military in the transition, and its place in a democratic society; constitutional and political reform; election laws and management; the role of political parties and civil society in building a representative democracy; Islam, politics and the state; the role of the media in consolidating democracy; and ensuring the full participation of women in the political process.

The IPD intends to hold a second workshop in Cairo that will involve a wider range of Egyptian participants and bring Indonesians into closer contact with the current debates in Egypt. It should be noted that certain Egyptian academics and activists have already been exposed to Indonesia’s democracy in recent years, through conferences and seminars. During the Mubarak era, Egyptian journalists and op-ed writers in opposition newspapers even made pointed references to Indonesia’s transition to democracy.

This process, in the home of the largest Muslim community in the world, provided hope for political change and evidence of the compatibility of Islam and democracy (see Giora Eliraz, “Democracy in Indonesia and Middle East countries,” The Jakarta Post, November 30, 2007, and “Will Indonesia’s breeze of democracy reach here?” The Jerusalem Post, April 5, 2008).

It’s likely that when Egypt first asked Indonesia for help, it was already well aware of the latter’s lessons for building democracy. The Indonesian model has so far frustrated Islamic political parties hoping to achieve a leading position in the post-Suharto era. The voters have actually proved, through fair democratic elections, their loyalty to a basic Indonesian state principle of separation between state and religion.

The democratic reforms also considerably decreased the involvement of the army. Even gender equality has manifested by having, with a woman, Megawati Sukarnoputri, becoming president. Indonesia’s democracy has been effective in fighting terror as well.

It's likely that the Egyptians are now also more familiar with some shortcomings that Indonesia’s democracy still has, and are thus more conscious of the fact that some significant elements that have contributed to that democracy’s success are missing in their own political context – in particular a strong, organized, moderate Muslim civil society committed to democratic values. Nevertheless, it can be assumed that the ongoing dialogue strengthens the understanding of the Egyptians that the successful Indonesian case is indeed relevant for a country trying to take its first steps into democracy.

The writer is the author of Islam in Indonesia: Modernism, Radicalism and the Middle East Dimension. (Brighton & Portland: Sussex Academic Press, 2004) and of the monograph Islam and Polity in Indonesia: An Intriguing Case Study (Washington: Hudson Institute, February 2007). He is Associate Researcher at the Harry S Truman Institute for the Advancement of Peace at the Hebrew University.


President Susilo Bambang Yudhoyono (right) strikes a gong to open the
ministerial meeting of the Non Aligned Movement (NAM) in Nusa Dua, Bali,
witnessed by UN General Assembly President Joseph Deiss (third left),
Foreign Minister Marty Natalegawa (second left) and Bali Governor Made
Mangku Pastika (left). The meeting, which began on May 23, will last until
May 27. (JP/Stanny Angga)

Friday, May 27, 2011

Indonesian Rights Group Says Caning Unconstitutional

Jakarta Globe, May 27, 2011

A Sharia law official caning a man convicted of unlawful contact between
unmarried man and woman in Jantho, Aceh province, in April 8. Aceh adopted
a form of Shariah law in 2001 as part of the regional autonomy offered to
help quell separatist sentiment. Amnesty International recently argued that caning
violates the UN Convention against Torture, which Indonesia ratified in 1998, and
urged Indonesia to bring Aceh’s bylaws in line with international and national human
rights laws and standards. (AP Photo/Heri Juanda)

Related articles

An Indonesian human rights group on Friday condemned the use of caning in staunchly Islamic Aceh province, saying the punishment violated the country's constitution.

The Commission for Missing Persons and Victims of Violence (Kontras) urged the government to repeal a bylaw used by the partially autonomous province to carry out the punishment under Muslim sharia law.

Dozens of men have been publicly caned there for gambling this month.

Kontras said that caning should be barred by clauses in the country's constitution which grant citizens freedom from torture and from acts that detract from human dignity.

"The Indonesian government has to review the use of caning as punishment," deputy coordinator Indria Fernida said in a statement.

"A slow response by the government will indicate that they neglect this matter and adhere to a kind of punishment that violates the constitution and human rights principles," she said.

On Thursday, 19 people were being lashed in public after being caught gambling. Twenty--one people were also lashed earlier this month for gambling, while the punishment is also used for offenses including adultery.

Sixteen people were reportedly caned in Aceh last year, according to rights group Amnesty International, which said last week that the punishment violated the UN Convention against Torture.

"It seems that Aceh's authorities are increasingly resorting to public caning in violation of international law," Amnesty's Asia--Pacific director Sam Zarifi said.

Aceh, on the northern tip of Sumatra island, adopted partial sharia law in 2001 as part of an autonomy package aimed at quelling separatist sentiment.

Caning carried out there is mainly aimed at causing shame rather than injury.

AFP

Sunday, May 22, 2011

Indonesian government must repeal caning bylaws in Aceh

The Jakarta Post, Sun, 05/22/2011

The Indonesian government must end the use of caning as a form of punishment and repeal the laws that allow it in Aceh province, Amnesty International said Sunday after at least 21 people were publicly caned since 12 May.

In Langsa city, 14 men were caned outside the Darul Falah mosque on 19 May, following the caning of seven men a week earlier.

All 21 were found to have violated an Aceh bylaw (qanun) prohibiting gambling and were given six lashes each as hundreds of people looked on.

“It seems that Aceh’s authorities are increasingly resorting to public caning in violation of international law,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director.

“Victims of caning experience pain, fear and humiliation, and caning can cause long-term or permanent injuries. The Indonesian government must act to stop these punishments, which constitute cruel, inhuman or degrading treatment and often amount to torture.”

According to media reports, at least 16 men and women were also caned in Aceh in 2010.

In addition to the Aceh bylaws providing for caning, the Aceh Criminal Code (Qanun Hukum Jinayat) passed by the Aceh parliament in 2009 provides for stoning to death for adultery and caning of up to 100 lashes for homosexuality.

This code has not yet been implemented, in part because of intense criticism at local, national, and international levels.

Amnesty International called on the Indonesian central government to review all such bylaws and local regulations to ensure that they conform with international and Indonesian human rights law and standards.

“Indonesia’s decentralization process and regional autonomy were supposed to be about empowering local populations, and should not come at the expense of their human rights,” said Sam Zarifi.

Aceh’s provincial legislature passed a series of bylaws governing the implementation of Shari’a law after the enactment of the province’s Special Autonomy Law in 2001. Caning was introduced as a punishment carried out by Islamic courts for offences also including adultery, consumption of alcohol, unmarried adult couples who are alone in isolation (khalwat) and for any Muslim found eating, drinking or selling food during sunlight hours in the fasting month of Ramadan.

Caning punishments violate the UN Convention against Torture, which Indonesia ratified in 1998. The Committee against Torture has also raised concerns that people detained under Aceh’s bylaws are not afforded their basic legal rights, including the right to legal counsel, and are apparently presumed to be guilty.


A Sharia law official whips a man convicted of unlawful contact between
unmarried man and woman with a rattan stick during a public caning in Jantho,
Aceh province, Indonesia, Friday, April 8, 2011. A version of Islamic law was
introduced in the province in 2001 as part of negotiations to end the 29-year war
between separatist rebels and the military. The law bans gambling, drinking
alcohol and makes it compulsory for women to wear headscarves.
(AP Photo/Heri Juanda)


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Wednesday, May 18, 2011

UN tells RI to review laws restricting religious freedom

The Jakarta Post, Jakarta, Wed, 05/18/2011

The United Nations' High Commissioner for Human Rights Navanethem Pillay has urged Indonesia to review its laws restricting religious expression and practice.

In a letter sent to Foreign Minister Marty Natalegawa, a copy of which was obtained by The Jakarta Post on Wednesday, Pillay expressed his concern over reports of violence against members of religious minorities in Indonesia.

“I have been particularly disturbed by the widespread violence and discrimination reported against the Ahmadiyya community which has included the state-sanctioned closing of Ahmadi mosques, the burning of homes and places of worship, and even physical violence and murder,” Pillay wrote in his letter dated April 26.

Three Ahmadis were killed when Islamic hard-liners attacked a small Ahmadiyah community in Cikeusik, West Java, on Feb. 6 this year. Several local and provincial administrations have since issued decrees banning Ahmadiyah activities in their respective regions.

Pillay said reports had said that since the new regulations were issued, “further acts of harassment and violence have taken place”.

He pointed out that Indonesia had ratified the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to freedom of religion.

“Government at both national and provincial levels should comply with the guarantees contained in the Indonesian Constitution and in the international treaties in which Indonesia is a party. All laws, particularly those restricting religious expression and practice, should be reviewed to ensure they comply with these standards,” he said.

He also urged the Indonesian government to ensure the legal accountability of all perpetrators, including the imposition of penalties.

Tuesday, February 15, 2011

Gay man seeking asylum: I can't return to Indonesia

CNN News, By Sarah Hoye, February 15, 2011

STORY HIGHLIGHTS
  • Anton Tanumihardja came to the U.S. from Indonesia in 2002
  • He applied for asylum because of his sexual orientation
  • He faced deportation on Valentine's Day, but got a last-minute reprieve
  • His attorney says his case spotlights inequalities for same-sex couples applying for asylum

Philadelphia (CNN) -- Anton Tanumihardja had his bags packed, anxious about his flight back to his home country, Indonesia. It was a trip he did not want to make after spending the past eight years in the United States.

Anton Tanumihardja has applied for asylum,
fearing persecution for his sexual orientation
in Indonesia.
He feared his absence would mean the end for his relationship with his boyfriend. In a bitter twist, he would be leaving on the night of Valentine's Day.

At the last minute came a temporary reprieve: Federal immigration officials issued a stay of deportation just three hours before his flight was to take off.

Tanumihardja, who is openly gay, has filed for political asylum, fearing persecution if he is forced to return to Indonesia. He says his homeland is not tolerant of homosexuals.

Although the order gives Tanumihardja more time in Philadelphia, it does not guarantee he can stay forever. It remains in effect until authorities decide whether to reopen his political asylum application.

Tanumihardja, 45, came to the United States in 2002 with a tourist visa from Jakarta, Indonesia. After his visa expired, he filed for political asylum and received a work permit while his case was being reviewed.

When his asylum application and subsequent appeals were denied, immigration authorities told him he had to leave on Monday.

"I got a lot of support from the people who love me and want me to stay," Tanumihardja said before breaking down into tears. "I do not expect anything in return from this country. I just want my status to be legal here."

In addition to his sexual orientation, Tanumihardja is ethnic Chinese and Catholic, making his return to Indonesia more daunting because he would be a triple minority in the predominantly Muslim country.

"Going back to my country means I have to be closed," he said, referring to his sexual orientation. "I cannot come out in my country and have to be hiding who I am."

The root issues of Tanumijardja's case are more complicated than simply deporting someone for an overstayed visa or denying a political asylum application, according to his attorney, Lavi Soloway.

The case sits at the intersection of gay rights and immigration reform, he says.

"Our whole immigration system, 80% of the cases are based on family unification, it's about keeping the family together," Soloway said. "But this just doesn't register with the LGBT community. It's a reflection of anti-gay discrimination."

Tanumihardja started dating Brian Andersen last fall, and they have been inseparable ever since.

Andersen, 28, is an American citizen. If they were heterosexual and planned to marry, Tanumihardja could possibly have been sponsored for residency, Soloway argues.

Under current U.S. law, the sponsorship option does not exist for same-sex couples.

Tanumihardja, who has a degree in accounting and marketing, works at Coventry Deli in downtown Philadelphia where he also doubles as the bookkeeper.

He will continue his fight to stay, he said.

"I do my best for this county, I love this country," he said.

Soloway says he fears for Tanumihardja if he is forced to return to Indonesia.

"He is a gay man who has had the opportunity to live openly as a gay man in Philadelphia. And now he's going back to live where in order to survive, you cannot be open," Soloway said. "We guard against taking for granted our freedom to be with those we love."

The last-minute stay of deportation has Tanumihardja and Andersen relieved, but cautious.

"This is the best we could of hoped for at this point," Andersen said after hearing the news. "It's something that is very real and happening."


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Members of committee of the Q! Film Festival install banners during pre-festival preparations in Jakarta on September 24, 2010. A gay film festival hailed as the biggest in Asia and the only one in the Muslim world kicks off in Indonesia on September 24, hoping to draw 15,000 viewers to screenings and fringe events. In its ninth annual edition, the Q! Film Festival will showcase 150 films from more than 20 countries including France, Japan and the Philippines, highlighting such issues as gay rights and HIV/AIDS. (AFP)



Saturday, November 20, 2010

Govt steps up heat on Saudi Arabia over worker abuse

The Jakarta Post, Jakarta | Sat, 11/20/2010

In reality, it will be worse: Activists from the Indonesian Workers Association and Migrant Care stage a theatrical performance with a theme of torturing Indonesian maids in Saudi Arabia in front of the Royal Saudi Arabia Embassy in Jakarta Friday. Sumiati bini Salan Mustapa, an Indonesian maid, was inhumanly tortured by her Saudi employer recently. JP/Nurhayati

Indonesia’s fury over the abuse and murder of migrant workers has found no relief. A regional government has imposed a complete moratorium while the President considered reviewing the practice of sending workers to Saudi Arabia.

Indonesia would review sending migrant workers to “uncooperative, non-transparent” countries, President Susilo Bambang Yudhoyono told reporters at the State Palace after a Cabinet meeting on Friday.

The President said “all out diplomacy” would be deployed against non-transparent countries to protect the interests of Indonesian workers.

Indonesian migrant worker Sumiati binti Salan
Mustapa after she was brutalized by her Saudi
Arabian employers.
(Photo courtesy of the Saudi
Gazette)
Foreign Minister Marty Natalegawa said that “uncooperative, non-transparent” countries were generally in the Middle East, and included Saudi Arabia.

Marty summoned Saudi Arabian Ambassador Abdurrahman Mohammad Amen Al-Khayyat on Friday for the third time this week on yet another incident involving a migrant worker.

He previously summoned the ambassador twice and sent a letter to the Kingdom’s foreign minister following the case of 23-year-old Sumiati, a West Nusa Tenggara resident who was allegedly abused by her Saudi Arabian employer.

East Nusa Tenggara (NTB) Governor Zainul Majdi imposed a moratorium Friday on sending female domestic workers from the province to Saudi Arabia following the news on Sumiati. Sumiati was reportedly tortured and sustained cuts around her mouth that suggested she was attacked with scissors. She also reportedly has burns that may have been caused by a hot iron.

“Today [Friday], we’ll also call the Saudi Arabian ambassador, again. It is not because of the case of Ibu Sumiati, but another case that was just revealed last night [Thursday],” Marty said, referring to Kikim Komalasari, another Indonesian migrant worker who was found dead in garbage bin.

Kikim’s neck was reportedly slashed, and she also had cuts to the rest of her body.

Marty said it had taken longer than usual for the Kingdom’s police to inform the Indonesian Embassy about Kikim’s death because she was previously misidentified as a Bangladeshi.

“Saudi Arabia and Middle Eastern countries in general don’t recognize [bilateral] MoUs in the informal sector. They only want to sign ones on the formal sector,” Marty said.

Manpower and Transmigration Minister Muhaimin Iskandar cited Saudi Arabia and Jordan as two countries Indonesia had not yet managed to sign good agreements on migrant workers with.

The result of the review might lead to a decision to halt the sending of workers to these countries, he added.

President Yudhoyono also said the government was mulling the prospect of equipping Indonesian migrant workers with cell phones to help them reach officers more easily when they face problems.

“Based on our experiences, we often receive reports on what has happened with our migrant workers [after it] is too late,” the President said.

Muhaimin explained afterward only migrant workers sent to Singapore, Hong Kong and Taiwan had been equipped with cell phones.

“Cell phones should be a means of an open communication system included in the MoUs. Agents abroad must provide the phones, and the employers should not be allowed to take them [away],” the minister said.

Yudhoyono said currently about 4,300 Indonesian workers overseas are facing various hardships, ranging from being denied their salaries, overwork, and physical and even sexual abuse. Approximately 3.27 million Indonesians are now registered as migrant workers.


A protest over the torture of Sumiati Binti Salan Mustapa, outside
the Saudi Arabian embassy in Jakarta. on Nov. 18. (Photo: CNN)


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