Religious Liberty in Indonesia and the Rights of “Deviant” Sects

2008 ◽  
Vol 3 ◽  
pp. 1-27 ◽  
Author(s):  
Alfitri
Keyword(s):  
Religious Freedom ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
Political Rights ◽  
Significant Difference ◽  
Civil And Political Rights

AbstractAlthough Indonesia has acceded to the International Covenant on Civil and Political Rights and freedom of religion is a mandate of the 1945 Constitution, there is a significant difference between the promise and the practice of religious liberty, especially regarding the rights of sects in Indonesia. The article explores this theme in the context of the Congregation of Ahmadiyah Indonesia, a minority Islamic sect which is not considered as an agama, or official religion, as a case study. This designation has had various discriminatory effects on its adherents, which waters down significantly the guarantee of religious freedom in Indonesia.

scholarly journals An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects

2020 ◽  
Vol 3 (1) ◽  
pp. 55-71
Author(s):  
Mellisa Towadi ◽  
Nur Mohamad Kasim ◽  
Rumawi Rumawi ◽  
Siti Asifa Tahir
Keyword(s):  
International Law ◽  
Religious Freedom ◽  
Legal Aspects ◽  
The State ◽  
Political Rights ◽  
Individual Freedom ◽  
Main Interest ◽  
Civil And Political Rights ◽  
Democratic Principles

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.

Civil and Political Rights

2020 ◽  
pp. 125-166
Author(s):  
Adam S. Chilton ◽  
Mila Versteeg
Keyword(s):  
Statistical Analysis ◽  
Free Speech ◽  
Political Rights ◽  
Right Wing ◽  
Freedom Of Movement ◽  
Public Media ◽  
Civil And Political Rights ◽  
Law And Justice ◽  
Global Data

This chapter analyzes three civil and political rights that are practiced on an individual basis: (1) free speech, (2) the prohibition of torture, and (3) the freedom of movement. The chapter first describes the doctrinal aspects of these rights, as well as how these relate to organizations’ ability to secure their enforcement. It then presents results from a global statistical analysis, which reveal that constitutionalizing these rights is not associated with better rights practices. In addition to presenting global data, this chapter present the results from a case study on free speech in Poland, which documents how the newly elected right-wing Law and Justice Party was able to take control of the country’s public media, even though both free speech and the independence of public media were guaranteed in the constitution.

The Place of Religious Freedom in the Structure of Peacebuilding

2015 ◽  
pp. 280-306 ◽  
Author(s):  
W. Cole Durham ◽  
Elizabeth A. Clark
Keyword(s):  
Religious Freedom ◽  
Religious Pluralism ◽  
Religious Diversity ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
The Right

This chapter analyzes the role that the fundamental right to freedom of religion or belief plays in ending or averting religious warfare, and in providing necessary footings for crystallizing peace out of conflict. After stressing that there is a tendency to lay exaggerated blame for many conflicts on religion, the chapter explores the Lockean insight that under certain circumstances, religious pluralism can serve as a stabilizing factor in society if states protect the right to religious diversity instead of imposing homogeneity. International limitation clauses on the scope of religious liberty play an important filtering role in promoting the positive contributions religion makes to society, while constraining negative religious effects. The analysis argues that secularity, understood as a framework welcoming religious pluralism, rather than secularism, as an ideology advocating secularization as an end in itself, is most conducive to the peacebuilding potential of religious freedom.

Part I, 2 Christian Perspectives

2013 ◽  
Author(s):  
Ahdar Rex ◽  
Leigh Ian
Keyword(s):  
Religious Freedom ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
Universal Principle ◽  
Contemporary Christian ◽  
Christian Thought

This chapter examines various theological, specifically Christian, justifications for religious freedom. For long periods Christians gave vent to their unswerving conviction that they alone heard from God, and all other faiths were demonic. However, Christian thought eventually came round to the notion that the principle of religious liberty was right. It was implied in the Scriptures. A series of overlapping convictions comprise the contemporary Christian case for the freedom of religion. These are summarized in the form of eight principles: the principle of voluntariness; the Christological injunction; the persecution injunction; the fallibility principle; the eschatological or providential confidence; the ecumenical or universal principle; the principle of the unrestricted conscience; and the dual authority principle.

Part 1 Freedom of Religion or Belief, 1.3 The Right to Manifest One’s Religion or Belief

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right

This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.

scholarly journals Criteria and Constraints: the Human Rights Committee’s Test on Limiting the Freedom of Religion or Belief

2020 ◽  
Vol 15 (1-2) ◽  
pp. 20-38
Author(s):  
Gehan Gunatilleke
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
Political Rights ◽  
Vital Function ◽  
Treaty Body ◽  
Civil And Political Rights ◽  
Normative Constraints

Abstract The Human Rights Committee—the treaty body established under the International Covenant on Civil and Political Rights—performs a vital function in supervising the Covenant’s implementation. This article presents an analytical account of the Committee’s approach to determining the permissibility of limitations on the freedom of religion or belief under the Covenant. It finds that the Committee has set out certain primary legal criteria when determining the permissibility of a limitation. The Committee has then articulated certain additional normative constraints that apply to states’ authority to limit rights—such as the requirement that the limitation be compatible with the principle of non-discrimination. Based on an analysis of the Committee’s general comments and jurisprudence, the author argues that the Committee has offered a path towards imposing on states a heavier burden to justify limitations on the freedom of religion or belief.

Freedom of Religion

2020 ◽  
pp. 229-264
Author(s):  
Adam S. Chilton ◽  
Mila Versteeg
Keyword(s):  
Statistical Analysis ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
Religious Groups ◽  
Minority Religions ◽  
Russian Constitution ◽  
The Face ◽  
Constitutional Protections ◽  
Organizational Character

This chapter analyzes the freedom of religion. It first describes the doctrinal aspects of religious freedom, and how it is organizational in nature. It also theorizes why religious groups are particularly well equipped to protect religious freedom, and how the constitution can help them to protect their rights. It then presents results from a global statistical analysis, which reveal that constitutional protections of religious freedom are systematically associated with higher levels of respect for religious freedom in practice. It attributes this finding to the organizational character of religious rights. Religious groups have tremendous capacity to protect their own rights in the face of transgressions of power, especially when they can rely on the constitution. This chapter further illustrates how this can play out with a case study on religious rights in Russia, which tells the story of how religious groups have used the Russian Constitution to mitigate the worst consequences of proposed constitutional violations. Finally, this chapter draws attention to the differences between majority and minority religions.

The Case for the Constitutionalisation of Economic, Social and Cultural Rights (ESCRs) in Botswana

2020 ◽  
pp. 1-26
Author(s):  
Emmanuel Botlhale
Keyword(s):  
Human Rights ◽  
The State ◽  
Equal Treatment ◽  
Political Rights ◽  
Case Study Approach ◽  
Cultural Goods ◽  
Cultural Rights ◽  
Study Approach ◽  
Civil And Political Rights

Abstract This paper argues that there is no hierarchy in the importance attached to the different categories of human rights. Hence, Civil and Political Rights (CPRs) and Economic, Social, and Cultural Rights (ESCRs) are both human rights and must be placed on the same pedestal. In a democracy, it is imperative that all rights be accorded equal treatment. The aim of this paper is to investigate whether Botswana accords equal treatment to the two categories of human rights. Using a case study approach, the paper concludes that while the Constitution of Botswana provides for CPRs, ESCRs are absent from this instrument. Consequently, the provision of economic, social, and cultural goods is policy-based. The paper argues that this raises accountability and justiciability challenges because the state cannot be sanctioned for failing to provide non-rights. It recommends the constitutionalisation of ESCRs to maximise the accountability and justiciability of ESCRs.

scholarly journals Declarations and the Indonesian Constitution on Religious Freedom

2011 ◽  
Vol 49 (2) ◽  
pp. 361-392
Author(s):  
Alexius Andang L. Binawan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The State ◽  
New Order ◽  
Controversial Issues ◽  
Islamic State ◽  
Political Rights ◽  
Civil And Political Rights ◽  
Final Agreement ◽  
Islamic View

One of controversial issues in Indonesia regarding human rights is concerning religious freedom. There were two contradict opinions on the issue, i.e. those who preferred Indonesia as an Islamic state, with a consequence that there is only very limited religious freedom and those who preferred secular state with a wider religious freedom. Though finally Indonesia adopted Pancasila (five pillars) as the state ideology, as a mid-way between the two, final agreement on the problem is from being finalised as debates are still carried out. This paper is aimed at analysing how and where the ‘pendulum’ is swinging between two contrasting views since Indonesia has signed both the International Covenant on Civil and Political Rights and also the Cairo Declaration of Human Rights. I argue that during the New Order Indonesia, the pendulum on religious freedom swung closer to Islamic view.[Salah satu isu terkait Hak Asasi Manusia di Indonesia adalah mengenai kebebasan agama. Setidaknya ada dua cara pandang yang saling bertentangan, yaitu (1) yang menghendaki bentuk negara Islam, konsekuensinya adalah kebebasan agama sangatlah terbatas, dan (2) yang menginginkan negara sekuler yang mengindikasikan kebebasan agama lebih luas. Indonesia mengadopsi Pancasila sebagai ideologi negara dan sebagai jalan tengah antara kubu negara Islam dan sekuler, namun perdebatan mengenai bentuk negara tersebut terus saja bergulir. Artikel ini menganalisis bagaimana dan ke mana ‘pendulum’ bergerak di antara dua pandangan yang saling bertentangan di atas. Semasa Orde Baru, pendulum tersebut condong ke kubu Islam.]

Part 1 Freedom of Religion or Belief, 1.2 Freedom from Coercion

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Social Life ◽  
Legal Protection ◽  
Two Dimensions ◽  
Freedom Of Religion ◽  
Political Rights ◽  
Separate Spheres ◽  
The Status ◽  
Civil And Political Rights ◽  
The Relationship

This chapter addresses the relationship between article 18(2) and article 18(3) of the International Covenant on Civil and Political Rights (ICCPR). Article 18(2) states that no person shall be subject to coercion which would impair his or her freedom to have or to adopt a religion or belief of their choice. This provision for the forum internum does not allow for any compromise or limitation. By contrast, article 18(3) deals with possible limitations concerning manifestations of religion or belief in social life. However, the distinction in legal protection, as it is drawn between these two dimensions of freedom of religion or belief, should not be misconstrued as an abstract hierarchy or a fragmentation of two separate spheres. The unconditional prohibition of coercion in the forum internum enhances the status of freedom of religion or belief in all its dimensions.

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