A/HRC/8/52
page 134
339. On the recommendations advocating further ratification of and accession to human rights
instruments, Indonesia stated that the Government, including through its 436 local committees
implementing the national action plans, and in close cooperation with members of civil society,
is increasing efforts to bring together all stakeholders to develop the groundwork for such
undertakings. This includes efforts to assess the readiness of stakeholders at provincial and
district levels to implement certain human rights instruments.
340. In addition to the local committees’ mandate to ensure the conformity of local regulations
with the ratified core international human rights treaties, Indonesia stated that the Ministry of
Law and Human Rights is working in close collaboration with the Ministry of Internal Affairs.
Both institutions have issued a circular letter and guidelines on the harmonization of local laws
with human rights standards. As a result, efforts are being undertaken consistently and
systematically to bring local legislation and regulations in full conformity with universal human
rights norms and standards.
341. Indonesia addressed the recommendations that it took note of during the dialogue last
April. On the question of Ahmadiyah, it was stressed that freedom of religion and the practices
linked to individual belief are guaranteed under the Constitution. Articles 28 E, 28 I and 29 of
the Constitution state that the exercise of freedom of religion cannot be limited otherwise than by
law. Moreover, legal guarantees in respect of freedom of religion and religious practice are also
stipulated in various laws, specifically Law No. 39 of 1999 on human rights. Indonesia stated
that, on the one hand, the doctrinal aspect of this particular religious movement has long been
considered by some communities as deviant. On the other, sporadic acts of violence by a mob
against members of this group have constituted public disturbance carrying with them
dimensions of intolerance acts and crimes punishable by law.
342. On the doctrinal aspect of this movement, Indonesia noted that in recent years the
phenomenon has created social tension in many communities in the country, which the
Government is endeavouring to resolve through dialogue, such as having held a series of
dialogues with the leaders of Ahmadiyah on issues such as the protection of their followers.
Indonesia stated that it also continues to promote dialogue between Ahmadiyah and various
related groups in order to enhance mutual understanding and respect. The second aspect relates
to law enforcement regarding some intolerance and violent acts against the followers of
Ahmadiyah. In this regard, the authorities have on all occasions when members of the sect have
been at risk stepped in for their protection just as it is obliged to ensure the protection of ordinary
citizens against violence inflicted by other citizens. Indonesia indicated that, following the
attacks, the perpetrators of the violence were detained for questioning and several were brought
before the law. While enforcing the law, the Government also takes into account the need to
address the related social tension and to promote further dialogue among related groups.
343. In this regard, Indonesia informed the meeting that it has just issued a specific policy on
the issue which takes into account the principle of freedom of religion and the observance of
existing relevant laws and regulations in the country. The policy, which is in the form of a decree
and was announced today, contains among others the following elements: it does not outlaw the
belief, but orders its followers to halt their proselytization (Syi’ar) activities and to fully respect
the existing laws and regulations; it appeals to the Ahmadiyah followers to return to the Islamic
mainstream and at the same time appeals to the others to refrain from violent acts against them.
The issuance of such a decree is never meant to be an intervention of the State in people’s
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