A/HRC/10/8/Add.1
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66. Moreover, while it is acknowledged that human rights are universal in character, the
Government of Indonesia stated that it was generally understood that the domestic expression
and implementation of human rights should remain the responsibility of each individual
Government. This was consistent with the basic principles contained in the Universal
Declaration of Human Rights, in particular its article 29. The implementation of human rights
implied the existence of a balanced relationship between individual human rights and the
obligations of individuals towards their community. Without such a balance, the rights of the
community as a whole could be denied, which could lead to instability and anarchy, especially in
developing countries. The Government recalled that Indonesia was a multi-ethnic and
multi-cultural country which prides itself of its harmonious mosaic of diverse communities
living together and practicing several religious beliefs of their choice, as long as their religious
practices do not infringe on public order and the well-being of the society as a whole.
Additionally, the Government of Indonesia considered efforts in this respect, to form a vital part
of its ongoing commitment to the eradication of religious radicalism and all acts of violence
stemming from religious intolerance.
Observations
67. The Special Rapporteur is grateful for the response of the Government of Indonesia. She
would like to emphasize that article 18 (2) of the International Covenant on Civil and Political
Rights states that “[n]o one shall be subject to coercion which would impair his freedom to have
or to adopt a religion or belief of his choice”. Each State has the positive obligation of ensuring
that the persons on their territory and under their jurisdiction, including members of religious
minorities, can practice the religion or belief of their choice free of coercion and fear.
Furthermore, she would like to recall that the General Assembly resolution 63/181 urged States
to step up their efforts to eliminate intolerance and discrimination based on religion or belief,
notably by taking all necessary and appropriate action, in conformity with international standards
of human rights, to combat hatred, discrimination, intolerance and acts of violence, intimidation
and coercion motivated by intolerance based on religion or belief, as well as incitement to
hostility or violence, with particular regard to members of religious minorities in all parts of the
world.
68. The Special Rapporteur notes that in its reply, the Government’s indicated that the joint
decree KEP-033/A/JA/6/2008 or SKB No. 3/2008 “appeals to the Ahmadiyya followers to return
to the Islamic mainstream religion”. In this regard, she would like to refer to the chapter on
“Religious minorities and new religious movements” in her report to the fourth session of the
Human Rights Council (see A/HRC/4/21, paras. 43-47). The Special Rapporteur reiterates her
predecessor’s assessment that, apart from the legal courses available against harmful activities,
“it is not the business of the State or any other group or community to act as the guardian of
people’s consciences and encourage, impose or censure any religious belief or conviction”
(E/CN.4/1997/91, para. 99). Similarly, in its general comment No. 22, the Human Rights
Committee stated that “the terms ‘belief’ and ‘religion’ are to be broadly construed. Article 18
[of the International Covenant on Civil and Political Rights] is not limited in its application to
traditional religions or to religions and beliefs with institutional characteristics or practices
analogous to those of traditional religions. The Committee therefore views with concern any
tendency to discriminate against any religion or belief for any reason, including the fact that they
are newly established, or represent religious minorities that may be the subject of hostility on the
part of a predominant religious community.”