E/CN.4/2006/5/Add.1
Page 39
Observations
147.
The Special Rapporteur expresses her concern at not having received any
response from the Government. She urges the Government to provide her a detailed
reply concerning the communications sent as soon as possible.
148.
She would like to point out that article 4(g) of Resolution 2005/40 of the
Commission on Human Rights urges States t o ensure that all public officials and civil
servants, including members of law enforcement bodies, in the course of their official
duties, respect different religions and beliefs and do not discriminate on the grounds
of religion or belief. In addition article 10 of the Resolution emphasizes the
importance of a continued and strengthened dialogue among and within religions or
beliefs to promote greater tolerance, respect and mutual understanding.
149.
With regard to the problem of conversion, the Special Rapporteur would like
to draw attention to paragraph 5 of General Comment 22 of the Human Rights
Committee which provides that, “the freedom to "have or to adopt" a religion or
belief necessarily entails the freedom to choose a religion or belief, including the
right to replace one's current religion or belief with another or to adopt atheistic
views, as well as the right to retain one's religion or belief.” In addition the Special
Rapporteur would like to refer to paragraphs 40 to 68 of her previous report to the
General Assembly (A/60/399) where she addressed the question of conversion as well
as missionary activities and propagation of religion. In particular, she underlined that
“[m]issionary activities and other forms of propagation of religion are part of the
right to manifest one’s religion or belief. They may be limited only under restrictive
conditions, and the Special Rapporteur disapproves of the criminalization of certain
acts specific to the propagation of one’s religion”.
150.
She would furthermore like to draw attention to paragraph 21 of General
Comment 28 of the Human Rights Committee which provides that article 18 of may
not be relied on to justify discrimination against women by reference to freedom of
thought, conscience and religion.
Indonesia
Communication sent on 25 January 2005
151.
The Special Rapporteur had been informed that a hard line Islamic group had
warned that Christian groups which assisted in aid efforts after the tsunami should not
try to convert orphaned children in Aceh. The head of the radical Islamic Defenders
Front, Hilmy Bakar Almascaty, allegedly warned an Australian Catholic group called
Youth off the Streets that its plan to set up an orphanage in Aceh, the only Indonesian
province to have fully implemented Muslim sharia law, would be unwelcome if it
involved attempted conversion. Hilmy's organization, known as FPI, was reportedly
better known for smashing up bars and nightclubs in Jakarta and elsewhere deemed to
be un-Islamic. FPI was allegedly moving thousands of volunteers to help in the
reconstruction of Aceh and to guard against foreign influence from the thousands of
foreign military and aid workers delivering humanitarian assistance to the region.