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28 (I) subsection 5 of the Constitution, which both embody the effort that is geared towards
ensuring a full and applicable protection of human rights and fundamental freedoms. The former
also allows for the training of local authorities and law enforcement officials to this end.
Notwithstanding this, it should be noted that the police is not permitted to use coercion or force
as an intimidation tactic on individuals, whether for religious, racial or other reasons.
110. The Government emphasized that therefore, whilst this matter is being investigated to
determine the veracity of the facts, it is important that the authorities be allowed the space to
establish who is responsible for this incident as well as the exact facts leading up to the
allegations. The Government set out that when this is determined and only following the decision
of appropriate authorities can a punitive judicial trail and ruling be carried out.
Observations
111. The Special Rapporteur is grateful for the Government’s response and she would be
appreciative to be informed of recent developments in that case.
Communication sent on 26 November 2007
112. The Special Rapporteur brought to the attention of the Government information she had
received regarding the local Bahá'í community in Palolo, Donggala district, Central Sulawesi.
On 7 November 2007, the Governmental Office of Religious Affairs in Palolo attempted to force
members of the local Bahá'í community to recant their faith. Camera crews from national TV
stations were present while the Bahá’í were called in, intimidated and pressured to recant their
beliefs. Two of them gave in to the pressure and recanted, agreeing to return to Islam, while the
others refused to do so. Furthermore, the local Office of Religious Affairs in Palolo told the
Bahá'ís that their houses would be burned and that their safety could not be guaranteed. Prior to
the incident, local and national media had focused attention on the issues of conversion and
apostasy, explicitly referring to 31 residents of Banpers village in Palolo sub-district who had
converted their belief in Islam into that in Bahá'í.
113. Furthermore, although the Bahá'í Faith is currently not included in a list of banned
“Islamic sects”, the Government reportedly mandated the Council of Ulemas to watch over
movements not on the list and to propose those that, in its view, should be banned in future.
Observations
114. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to emphasize that Article 18,
paragraph 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”. Furthermore, each State also has the positive obligation of ensuring that the persons
on their territory and under their jurisdiction, including members of religious minorities, can
practise the religion or belief of their choice free of coercion and fear. Violations and limitations
of the freedom to adopt, change or renounce a religion or belief are unacceptable. The Special
Rapporteur has dealt with the question of conversion in her 2005 report to the General Assembly
(see A/60/399, paras. 40-68), in which she identified situations, where State agents try to convert,
reconvert or prevent the conversion of persons as one of the issues of concern.