scholarly journals Diskrimanasi Kelompok Liberal Terhadap Dakwah Orang Asli

2019 ◽  
Vol 6 (4) ◽  
pp. 355-362
Author(s):  
Firdhausy Amelia ◽  
Zahrotunnimah Zahrotunnimah
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Urban Areas ◽  
Minority Groups ◽  
Native People ◽  
Freedom Of Religion ◽  
Orang Asli ◽  
Small Minority ◽  
The Right ◽  
Native Place

AbstractIn Malaysia, there are still a number of small minority groups living far from urban areas. They are called Orang Asli. The life system is still very simple and underdeveloped. This native place is often targeted by da'wah and other religious approaches each year. Until recently the emergence of a statement from the humanitarian group, namely Pro Human Rights (Proham), which refused to preach the native people. As well as criticizing the Universiti Kebangsaan Malaysia (UKM) for the involvement of indigenous propaganda. Then this issue received support from a group of liberals in Malaysia. They argue that these activities have usurped the right to freedom of religion. This statement shows that there are acts of discrimination against Islam. Because it is only addressed to the propaganda of Islam, does not offend and dispute other religions.Keywords: Liberals, Caucasians, Indigenous Peoples, Malaysia. AbstrakDi Negara Malaysia, masih ada sejumlah kelompok kecil minoritas yang hidup jauh dari perkotaan. Mereka ini disebut dengan Orang Asli. Sistem kehidupannya pun masih sangat sederhana dan terbelakang. Tempat orang asli ini sering dijadikan target dakwah dan pendekatan agama lain di setiap tahunnya. Hingga baru-baru ini munculnya pernyataan dari kelompok kemanusiaan, yaitu Pro Hak Asasi Manusia (Proham) yang menolak dakwah terhadap orang asli tersebut. Serta mengecam pihak Universiti Kebangsaan Malaysia (UKM) atas terlibatnya dakwah orang asli. Kemudian isu ini mendapat dukungan dari sekelompok orang liberal di Malaysia. Mereka berpendapat bahwa kegiatan tersebut telah merampas hak kebebasan beragama. Pernyataan yang dibuat ini menunjukkan adanya tindakan diskriminasi terhadap agama Islam. Karena hanya ditujukan kepada dakwah agama Islam, tidak menyinggung dan mempermasalahkan agama lainnya.Kata Kunci: Liberal, Dakwah, Orang Asli, Malaysia.

scholarly journals The The European Court of Human Rights’ Approach in the Protection of Rights of Religious Minority Groups

2020 ◽  
Vol 4 (2) ◽  
pp. 28-41
Author(s):  
Chemen Bajalan
Keyword(s):  
Human Rights ◽  
Literature Review ◽  
Minority Groups ◽  
Case Law ◽  
Freedom Of Religion ◽  
Religious Minority ◽  
Political Situation ◽  
European Court ◽  
Common Practices ◽  
The Right

The European Court of Human Rights (ECtHR) is reluctant to distinguish the group right qua group. However, it is impossible to ignore the group dimension in the right to freedom of religion. Such a dimension is clearer in the manifestation of beliefs, which require more common practices than mere beliefs. The Court's decisions when dealing with the freedom of religion tend to be inconsistent because it considers the unique social and political situation of each member state. This limits the scope of the right to freedom of religion and the range of protection of a group's religious rights. Using a literature review and analyzing the case law, this paper highlights the inconsistencies in the Court’s decisions in relation to acknowledging minorities’ religious rights.

PROBLEM MELINDUNGI HAK BERAGAMA DAN BERKEYAKINAN BAGI KELOMPOK MINORITAS MELALUI PENGADILAN

2017 ◽  
Vol 10 (2) ◽  
pp. 135
Author(s):  
Endra Wijaya
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Minority Groups ◽  
Secondary Data ◽  
Court Decision ◽  
Freedom Of Religion ◽  
Court Ruling ◽  
Literature Study ◽  
Conceptual Approach ◽  
The Right

ABSTRAKJaminan terhadap hak untuk memeluk agama dan keyakinan sudah dijamin melalui konstitusi Indonesia, tapi jaminan konstitusional itu belumlah cukup. Penegakan hak untuk memeluk agama dan keyakinan masih perlu didukung dengan instrumen hukum lainnya, dan salah satunya ialah putusan pengadilan. Dalam konteks seperti itu, maka keberadaan Putusan Nomor 69/PID.B/2012/PN.SPG menarik untuk dicermati. Putusan tersebut berkaitan erat dengan isu penegakan hak untuk memeluk agama dan keyakinan di Indonesia, terutama bagi kelompok minoritas. Fokus permasalahan dalam tulisan ini akan diarahkan kepada persoalan bagaimanakah substansi Putusan Nomor 69/PID.B/2012/PN.SPG dilihat dari perspektif penegakan hak asasi manusia, khususnya hak asasi manusia untuk secara bebas (tanpa tekanan) memilih dan memeluk suatu agama dan keyakinan. Dalam melakukan analisis, penulis menggunakan metode kajian kepustakaan dengan bersandar pada data sekunder. Analisis akan dilakukan secara kualitatif dengan metode pendekatan peraturan perundang-undangan dan metode pendekatan konseptual. Kesimpulan yang didapat dari analisis ialah bahwa Putusan Nomor 69/PID.B/2012/PN.SPG cenderung masih berupaya mencapai aspek keadilan prosedural. Semangat untuk mengedepankan penegakan hak asasi manusia, khususnya hak beragama dan berkeyakinan bagi kelompok minoritas, tidak tampak dalam putusan tersebut.Kata kunci: hak beragama dan berkeyakinan, kelompok minoritas, putusan pengadilan. ABSTRACTThe rights to freedom of religion and belief has been guaranteed under the Indonesian Constitution, although it is not enough. Enforcement of the right to religion and belief still needs to be supported by other legal instruments, one of which is the court ruling. In that context, Court Decision Number 69/PID.B/2012/PN.SPG is interesting to study. Decision Number 69/PID.B/2012/PN.SPG is closely related to the issue of enforcing the right to embrace religion and belief in Indonesia, especially for minority groups. The focus of the problem in this paper leads to the question of how the substance of Court Decision Number 69/PID.B/2012/PN.SPG is viewed from the perspective of human rights enforcement, especially the rights to freedom (without pressure) of religion and belief. The method of analysis employed is literature study by relying on secondary data. The analysis is conducted qualitatively by the legislation and conceptual approach. From the analysis largely it can be concluded that Court Decision Number 69/PID.B/2012/PN.SPG still tends to grasp the aspect of procedural justice. The spirit to encourage human rights enforcement, especially religious rights for minority groups is not evident in the decision.Keywords: the right to freedom of religion and belief, minority, court decision.

scholarly journals Al-Mabadi’ Al-Khamsah dan Al-Kulliyah Al-Khams; Sebagai Konsep Penjamin Hak Kebebasan Beragama Berkeyakinan

2021 ◽  
Vol 3 (2) ◽  
pp. 87-97
Author(s):  
Moch. Mukhlison ◽  
Muhammad Isnan
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Minority Groups ◽  
The State ◽  
Freedom Of Religion ◽  
The Creation ◽  
The Right

The case of intolerance and restrictions on the right to religious freedom is a never-ending discourse. That is because these cases still occur in Indonesia with such high numbers. In the last five years, data shows an increase in cases of intolerance and restrictions on religious freedom. In this condition, it turns out that the right to freedom of religion and belief has not provided benefits for minority groups. This paper tries to reveal how the rights to freedom of religion and belief are upheld by the norms of Human Rights and the State as the guarantor. This article also tries to reveal that even Islam with the teachings of tolerance and the concept of Al-Mabadi 'Al-Khamsah and Al-Kulliyah Al-Khams provide support for the creation of justice, peace and harmonious relations between humans.

Hunting by Indigenous Peoples of Charismatic Mega-Fauna: Does Human Rights Approach Challenge the Way Hunting by Indigenous Peoples is Regulated?

2008 ◽  
Vol 10 (3) ◽  
pp. 295-318 ◽  
Author(s):  
Kamrul Hossain
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Self Determination ◽  
Political Rights ◽  
Cultural Rights ◽  
Underdeveloped Area ◽  
Regulatory Approach ◽  
Civil And Political Rights ◽  
The Right

AbstractTwo International Covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) in common Article 1 highlighted that 'all peoples' have the right to self-determination to freely determine their 'political status' and freely dispose of their 'natural wealth and resources'. The International Covenant on Civil and Political Rights, in Article 27 provides protection of the rights belonging to minority cultures, religion and language. The idea of 'indigenous peoples' was apparently an underdeveloped area at the time of the adoption of the Covenants. The concept of indigenous peoples' rights has developed relatively recently. Thus, whether indigenous peoples are 'peoples' within the meaning of the Covenant, and thereby may be capable of enjoying the right to self-determination has been an unsettled case. When in many countries indigenous peoples form a minority, they are, however, identical as distinct from other minority groups in those countries because of their own way of livelihood and preservation of traditional culture and knowledge. Recent normative development pronounced by the Human Rights Committee suggests that indigenous peoples should be treated as 'peoples' within the meaning of Article 1 of the Covenant and as 'people' they have right to enjoy their traditional way of livelihood including right to enjoy their culture. Thus, the main focus of the article is to examine whether a human rights approach to indigenous peoples' rights has evolved to challenge the international regulatory approach currently applicable to the management of Whale and Polar Bear regime and their traditional hunt by the indigenous peoples.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

scholarly journals Indigenous Education and Human Rights

2007 ◽  
Vol 14 (4) ◽  
pp. 425-453 ◽  
Author(s):  
Noam Schimmel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Cultural Continuity ◽  
Human Right ◽  
Language And Culture ◽  
The Social ◽  
Majority Culture ◽  
Educational Programmes ◽  
The Right

AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

scholarly journals Evolving Legal Protections for Indigenous Peoples in Africa: Some Post-UNDRIP Reflections

2018 ◽  
Vol 26 (3) ◽  
pp. 339-365
Author(s):  
Derek Inman ◽  
Dorothée Cambou ◽  
Stefaan Smis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Regional Level ◽  
Self Determination ◽  
African Continent ◽  
African Context ◽  
United Nations Declaration ◽  
Human Rights Norms ◽  
The Right

Prior to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) many African states held a unified and seemingly hostile position towards the UNDRIP exemplified by the concerns outlined in the African Group's Draft Aide Memoire. In order to gain a better understanding of the protections offered to indigenous peoples on the African continent, it is necessary to examine the concerns raised in the aforementioned Draft Aide Memoire and highlight how these concerns have been addressed at the regional level, effectively changing how the human rights norms contained within the UNDRIP are seen, understood and interpreted in the African context. The purpose of this article is to do just that: to examine in particular how the issue of defining indigenous peoples has been tackled on the African continent, how the right to self-determination has unfolded for indigenous peoples in Africa and how indigenous peoples' right to free, prior and informed consent has been interpreted at the regional level.

scholarly journals Framework of communication needed to protect against human rights violations of individuals who exercise their right to religious freedom in minority religions

2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Stephanus P. Pretorius
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Freedom Of Religion ◽  
World Peace ◽  
Special Rapporteur ◽  
International Level ◽  
Minority Religions ◽  
Religious Intolerance ◽  
The Right ◽  
The Relationship

The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.

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