NEW DRAFT RELIGIOUS DECREE WOULD EASE REQUIREMENTS

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001649 SIPDIS SIPDIS SECSTATE FOR EAP/IET AND DRL E.O. 12958: DECL: 02/08/2016 TAGS: PHUM PGOV KJUS KIRF KISL ID SUBJECT: NEW DRAFT RELIGIOUS DECREE WOULD EASE REQUIREMENTS FOR HOUSES OF WORSHIP REF: A. A.05 JAKARTA 14621 (DRAFT DECREE WOULD CONTINUE TO DISADVANTAGE MINORITY FAITHS) ¶B. B.05 JAKARTA 14281 (CHARGE LOBBIES SENIOR MINISTER) JAKARTA 00001649 001.2 OF 002 Classified By: CLASSIFIED BY POLITICAL OFFICER LISSA MCATEE, REASON 1.4 (B) AND (D). SUMMARY -------------- ¶1. (C) Indonesia's latest draft of the joint ministerial decree on the establishment of houses of worship, if approved, would ease requirements compared with earlier versions (ref a). While Christian religious leaders are still dissatisfied with the requirement of 90 members and 70 supporting signatures from the community, Hindu religious leaders argued that the reduced requirements reflect the effectiveness of negotiations between religious leaders and the government. On January 31, government officials and religious leaders presented the latest version of the draft joint-ministerial decree to President Susilo Bambang Yudhoyono. Yudhoyono reportedly said that presidential intervention in the negotiations would be inappropriate and that religious leaders should continue discussions until all sides were satisfied. End Summary. New Version Reduces Requirements -------------- ¶2. (C) We obtained the most recent draft joint-ministerial decree from A. Benny Susetjo (protect),Secretary General of the Catholic Bishop's Conference of Indonesia (KWI),who was one of the participants in the negotiations between religious leaders and the government (two religious leaders from each of the five officially recognized religions participated). In contrast to previous drafts (ref A),the new version no longer requires recommendations from four separate community forums but instead requires recommendation from one community forum and the Department of Religion at the District level, plus signatures from 90 future members of the proposed place of worship and 70 signatures from supporters in the immediate area where the house of worship is to be built. Christians Remain Concerned -------------- ¶3. (C) Susetjo told us that Muslim religious leaders originally wanted 100 required members but that the Protestant religious leaders only wanted 60. The result was 90, leaving the Protestants, who typically operate within smaller parishes, dissatisfied and the negotiations in deadlock. Susetjo anticipated that the draft, if formalized as currently written, would justify further church closures and disadvantage minority religions. Hindus Accepting -------------- ¶4. (C) Nengah Dana and Agus Mantik, both leaders in the Parisada Hindu Dharma Indonesia organization, told us that the new draft decree was an example of religious tolerance and what can be achieved when the government solicits input from religious leaders. According to their interpretation of the current draft, there is an "escape clause" that allows any religious group which does not have the necessary 90 members to obtain 70 signatures supporting the establishment of the new place of worship at the sub-district level. Failing that, the draft allows religious groups to obtain any additional necessary signatures from the district level. Dana and Mantik emphasized that there was equal representation of all five religions at the negotiations and that such negotiations were historically unprecedented. They also predicted that this draft would clarify procedures and thereby reduce religious conflict. President Decides Not to Intervene -------------- ¶5. (C) On January 31, members of the committee negotiating the draft presented the draft to President Yudhoyono and asked him to resolve the disagreement over the required 90 JAKARTA 00001649 002.2 OF 002 members and 70 supporting signatures. Susetjo told us that the President refused to involve himself by saying that government intervention on religious issues should be minimal and suggested continued dialogue between the religious leaders and the Ministry of Home Affairs and the Ministry of Religion until a consensus is reached. Susetjo said that he regretted the President's unwillingness to resolve the disagreement and predicted that the result would be a long delay in formalizing a new decree. Dana, Mantik and Chandra Setiawan, Commissioner responsible for religious freedom at the National Human Rights Commission (Komnas Ham),also said it was impossible to know when the new decree would be formalized if the President did not intervene. Comment -------------- ¶6. (C) As written, the latest draft of the joint-ministerial decree leaves much open to interpretation to guarantee that minority religions will have equal opportunity to establish new places of worship. However, even when read with a pessimistic lens, the new draft appears to be an improvement over previous versions which put the power in the hands of multiple unaccountable community forums. We will continue to urge GOI and religious leaders to adopt an approach that safeguards and promotes religious freedom, including for minority faiths (ref B). PASCOE