Indonesia: Don’t rush Penal Code revisions, ensure it respects human rights, lawmakers say
JAKARTA – As Indonesia’s parliament prepares to resume deliberation on the Draft Penal Code, regional lawmakers today called for substantial revisions of the bill to ensure that it protects religious minorities and meets international human rights standards. ASEAN Parliamentarians for Human Rights (APHR) also warned that the bill should not be discussed as the country deals with the crisis related to the COVID-19 pandemic.
“There are all sorts of human rights concerns with this new Draft Penal Code, but particularly troubling is how it violates the rights of women, members of the LGBTIQ community, and religious minorities,” said Kasit Piromya, a former Thai Member of Parliament (MP), and Board Member of APHR.
Debates regarding the bill were postponed in September 2019 following widespread demonstrations from thousands of protestors who were critical of the proposed changes.
“Why table a controversial bill at a time like this? As the world grapples with the COVID-19 pandemic, now is not the time to push through major legislation. The request to retable the draft Penal Code could be seen as an attempt to take advantage of the situation, hoping that the bill might slip under the radar,” Piromya said.
APHR is particularly concerned that if adopted, instead of preventing crimes, the current draft could worsen discrimination, fuel conflicts, and legitimise policies of intolerance.
The group, while concerned by a broad range of problematic provisions, focused its analysis on the right to freedom of religion or belief and called for Indonesia’s parliament to amend Article 2 and repeal Chapter 7 and Article 483(a) of the Draft Penal Code. Chapter 7, among other things, criminalises blasphemy, the disruption of religious ceremonies, making a noise near a place of worship, and publicly insulting a cleric. It must be repealed in order to guarantee people’s right to freedom of expression, to prevent discrimination, and protect religious minorities.
“The right to freedom of religion or belief protects people, not religion. Speech that is offensive, ridicules or criticises a religion is still protected as free speech and should not be criminalised,” said Maria Chin Abdullah, a Malaysian MP and APHR member.
“Blasphemy is known to discriminate against religious minorities. Indonesia’s diversity is a major strength that the country should be proud of, and the government should be introducing policies and laws that celebrate and nurture that, not inhibit it.”
Instead of pushing through the bill at a time of a pandemic, APHR is urging Indonesia’s parliament to postpone it until the COVID-19 crisis is over and to allow for a more inclusive proceedings including through open consultations with the public, relevant human rights organisations, religious leaders and victims of rights violations, to ensure that people’s rights are protected, and that the bill does not legalise, or encourage discrimination.
“Indonesian authorities should ensure that the long-awaited revision of the Penal Code strengthens people’s human rights and freedoms rather than infringe on them,” said Maria Chin Abdullah.
Source: APHR Website