A/HRC/10/8/Add.1
page 16
Observations
54. The Special Rapporteur regrets that she has not received a reply from the Government of
India concerning the above mentioned allegations. She would like to recall that Human Rights
Council resolution 6/37 urges States to take all necessary and appropriate action, in conformity
with international standards of human rights, to combat hatred, intolerance and acts of violence,
intimidation and coercion motivated by intolerance based on religion or belief, as well as
incitement to hostility and violence, with particular regard to religious minorities. The Special
Rapporteur would also like to refer to her recent country report on India, in which she analyzes
the vulnerable situation of members of religious communities and of victims or survivors of
communal violence (A/HRC/10/8/Add.3, paras. 17-41).
Indonesia
Urgent appeal sent on 21 April 2008
55. The Special Rapporteur brought to the attention of the Government information she had
received regarding an impending ban of the Ahmadiyya community in Indonesia and the
potential risk of violence in this context. Reportedly, the Government advisory board Bakor
Pakem (Coordinating Body for the Monitoring of Mystical Beliefs) on 16 April 2008 asserted
that the Ahmadiyya faith was deviant to Islam and issued a recommendation that the
organization and its activities be banned by the President. In a press conference on
16 April 2008, the Assistant Attorney-General reportedly stated that “Bakor Pakem believes
Ahmadiyya has continued to follow activities and interpretations that deviate from Islamic
teachings” and that “all Ahmadiyya followers must cease their religious activities with
immediate effect”.
56. The Special Rapporteur emphasized that an official ban of the Ahmadiyya organization
would unduly restrict their believers’ religious freedom. In addition, she stressed that a ban
might increase the risk of attacks on Ahmadiyya followers by vigilante groups. There had been
several reports of attacks against the Ahmadiyya community and of destruction of places of
worship or homes of its members, for example in the villages of Manis Lor and Sadasari in
West-Java. The violence had allegedly been spurred by a fatwa of December 2007 which the
Indonesian Ulema Council submitted to the Office of the Attorney-General, calling for a ban of
the Ahmadiyya community.
57. The Special Rapporteur stressed that restrictions on the freedom to manifest religion or
belief are only permitted if limitations are prescribed by law and are necessary to protect public
safety, order, health or morals, or the fundamental rights and freedoms of others. In instances
where one religious community might be subject to attacks, the appropriate state response must
be to ensure their physical safety and to protect their freedom to worship. Limitations have to be
strictly interpreted and must be directly related and proportionate to the specific need on which
they are predicated. In addition, she referred to the criteria with regard to registration as outlined
in her report to the Commission on Human Rights (see UN Doc. E/CN.4/2005/61, para. 58):
(a) Registration should not be compulsory, i.e. it should not be a precondition for
practising one’s religion, but only for the acquisition of a legal personality and related benefits;