A/HRC/13/40/Add.1
choose and practice the religion of their choice, as well as guaranteeing the freedom of
worship of each person according to his or her own religion or belief. The Government
emphasized that it was not at liberty to interfere in the religious affairs and choices of its
citizens, nor could it be expected to intervene in the decision by certain individuals to
follow a certain religious faith or to abandon it, or to subsequently voluntarily modify their
original choice. The Government noted that the Pancasila State protects and facilitates the
development of all religions adhered to by the people, without any difference in treatment.
Therefore, allegations that certain individuals would seek to force others to choose a
different faith than the one they have voluntarily adopted was as unconscionable as it was
illicit.
112. The Government underlined that Indonesia was a country with a rich multi-cultural,
multi-ethnic and multi-religious history. The Indonesian Constitution guarantees that every
individual has the right to choose to practise any religion of his or her choice, just as he is
free to leave it or to subsequently return to it if he should so choose. Therefore, the
Government argued, allegations of intimidation and coercion were incorrect. It was
particularly concerned that the communication alleges that Government officials would
attempt to force certain individuals to recant their faith, whereas there were no videos or
other media to show any evidence of pressure and intimidation. In the case of the men
mentioned above, while two voluntarily chose to publicly revert to Islam, at least four
others stated their desire to remain in the Bahá’í faith. The entire process was conducted
openly and dispassionately, for information purposes and in order to defuse any wrong
interpretations that might fuel controversy, on the understanding that not all people were
necessarily familiar with the tenets of the Bahá’í faith among a population that was
predominantly mainstream Muslim.
(c)
Observations of the Special Rapporteur
113. The Special Rapporteur is grateful that the Government of Indonesia replied to the
communication of 26 November 2007. She would like to take the opportunity to refer to her
framework for communications, more specifically to the international human rights norms
and to the mandate practice concerning “Freedom to adopt, change or renounce a religion or
belief” (see para. 1 above, category A. 1.) and “Freedom from coercion” (ibid., category A.
2.). Furthermore, the Human Rights Committee in its general comment no. 22 emphasized
that article 18, paragraph 2, of the International Covenant on Civil and Political Rights bars
coercion that would impair the right to have or adopt a religion or belief as well as policies
or practices having the same intention or effect.
2.
(a)
Urgent appeal sent on 2 October 2009 jointly with the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment, the Special
Rapporteur on violence against women, its causes and consequences, and the Special
Rapporteur on extrajudicial, summary or arbitrary executions
Allegations transmitted to the Government
114. The Special Rapporteurs brought to the attention of the Government information
they had received regarding the adoption of the new Islamic Criminal Code (Qanun
Jinayah) in Aceh. On 14 September 2009, the Aceh Legislative Council adopted a new
Islamic Criminal Code which imposes severe sentences for consensual extra-marital sexual
relations, rape, homosexuality, alcohol consumption and gambling. Among other sanctions,
the Code imposes the punishment of stoning to death for adultery; 100 cane lashes for
sexual intercourse outside marriage; between 100 and 300 cane lashes or imprisonment for
rape; and 100 lashes for homosexuality. In addition, the new Code legalizes marital rape.
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