DECREE ENDS IN COMPROMISE

UNCLAS SECTION 01 OF 03 JAKARTA 004972 SIPDIS SENSITIVE SIPDIS DEPT FOR EAP/IET AND DRL E.O. 12958: N/A TAGS: PHUM PGOV KIRF KJUS KISL ID SUBJECT: DECREE ENDS IN COMPROMISE REF: A. 05 JAKARTA 14621 "DRAFT DECREE TO DISADVANTAGE MINORITIES" ¶B. 05 JAKARTA 14281 "CHARGE LOBBIES ON RELIGIOUS FREEDOM" ¶C. 05 JAKARTA 16065 "POST AND NGOS LOBBY ON DECREE" ¶D. JAKARTA 1649 "RELIGIOUS DECREE EASES RESTRICTIONS" SUMMARY -------------- ¶1. (U) On March 23, the Home Affairs and Religious Affairs ministries announced a revised joint ministerial decree on building houses of worship (ref a). Whereas the original decree required an undefined "community approval", the revised decree requires 90 congregation members and 60 supporters to sign a petition in favor of any new house of worship. Despite public criticism from many quarters, representatives of both the majority and minority religions were optimistic that the decree could promote religious harmony but take a "wait and see" approach. Meanwhile, President Bambang Yudhoyono took steps that fully legitimize Confucianism as an officially recognized religion. End Summary. MINISTERIAL DECREE ENDS IN COMPROMISE -------------- ¶2. (U) After months of consultations with religious leaders (ref d),the Home Affairs and Religious Affairs ministries formally announced the revised joint ministerial decree that governs the establishment of houses of worship. The decree now requires that new places of worship have congregations of a minimum of 90 people and the support of an additional 60 community members. If applicants cannot attain the requisite number of members or supporters at the community level, they can widen their scope to the sub-district level, and failing that, the district level. The decree also requires a recommendation from the local office of religion and the formation of a community forum representing all religions to facilitate disagreements. (Note: Indonesian regulations now recognize six faiths: Islam, Buddhism, Hinduism, Confucianism, Catholicism and Protestantism; the decree does not apply to faiths outside of these six. End Note). CHRISTIANS CAUTIOUSLY OPTIMISTIC -------------- ¶3. (SBU) The new decree has drawn public criticism from both Muslims and Christians but our contacts tell us privately that the revisions are an improvement over the original decree. Franz Mangis-Suseno, respected Catholic scholar and other Christian groups publicly criticized the revised decree as unconstitutional because it restricts the right to worship. However, A. Benny Susetjo, Secretary General of the Catholic Bishop's Conference of Indonesia (KWI) told us privately on March 29 that he was cautiously optimistic that the revisions would make it easier for Christians to establish a house of worship. He said that the revisions were an improvement over the original decree because they were legally clear and provided one standard for the entire nation (the original decree left the definition of "community approval" up to the districts to decide). Although Christian religious leaders argued in negotiations with the government against requiring a high number of members and supporters (ref a),they see the 90/60 figure as a compromise. The decree also gives existing unlicensed houses of worship two years to meet the requirements in the decree. Susetjo hopes that at the very least, this will take the wind out of the sails of extremist groups that used the original version of the decree as an excuse to intimidate unlicensed churches with threats and violence into closing (ref c). Dr. Richard Daulay, General Secretary of the Communion of Churches in Indonesian (PGI, an organization that represents many Protestant denominations) and participant in the negotiations that led to the decree revisions, said on March 30 that he was also optimistic that the revised decree would mark the end to forced church closings and provide legal certainty. Both Susetjo and Daulay said that the key to the decree's success lay in government implementation and enforcement it. MUSLIMS OFFER MIXED OPINIONS -------------- ¶4. (SBU) The quasi-governmental Indonesian Ulama Council (MUI) that represented Muslim interests in the negotiations over the decree revisions (ref a) complained vociferously in the press that the revised decree disproportionately accommodates minority religions by not requiring a higher JAKARTA 00004972 002 OF 003 number of members and supporters to establish a house of worship. However, representatives from the two largest mass Muslim organizations in Indonesia told us privately that the required 90/60 was actually too high. Syaiful Bahri Anshori, Vice Secretary General of the Board of Nahdlatul Ulama (NU), Indonesia's largest Islamic organization, told us on April 4 that he was worried the 90/60 requirement would make it difficult for Muslims in Hindu and Christian dominated areas, such as Papua and Bali, to build a mosque. Imam Addarqudni Vice Chairman of the Special Preachers at Muhammadiyah said that Muhammadiyah did not have an official position on the decree, but personally agreed that the required number was excessive. Expressing the position held by many Christian leaders and religious freedom advocates, he added that the government should not regulate the building of houses of worship because it is not the government's role to regulate religious matters. Anshori speculated that it was the Religious Affairs Ministry and MUI that pushed for a high minimum required number of members and supporters during the decree negotiations. However, when we spoke to Dr. Ichwan Syam, General Secretary of MUI, he pointed the finger at the Hindus as the group that wanted high numbers. When we noted to him that the press quoted a prominent member of MUI as saying that the 90/60 numbers were too low, Syam shrugged it off as "just talk". Syam supported the decree arguing that the decree was essential to avoid "chaos" and that a higher authority such as the President or the Parliament should promulgate it to give it stronger legal effect. FORCED CHURCH CLOSING DAYS AFTER DECREE IS ISSUED -------------- -------------- ¶5. (U) A group of militants reportedly closed down a non-licensed church in Bandung on March 28, just days after the government issued the revised decree. Although the decree now allows existing non-licensed houses of worship two years to comply with the new requirements, a mob of 200 religious vigilantes closed down a Christian church based on a local ordinance (PERDA) which the decree legally supersedes. Christian leaders were not alarmed by the incident and were hopeful that after the planned educational campaign such closures will cease. The Muslim religious leaders we met with universally condemned using intimidation and violence to force churches to close. PRESIDENT FORCES BUREAUCRACY TO RECOGNIZE CONFUCIANS -------------- -------------- ¶6. (U) Although the government of Indonesia has officially recognized Confucianism as a religion since 1969, in practice, the administration did not offer the same service, rights or protections to Confucians until this year. Vice Chairman of the Supreme Council for Confucian Religion (MATAKIN),Handry Nuranto, told us on March 3 that at President Susilo Bambang Yudhoyono's direction, the Religious Affairs Ministry announced on January 24 that it would now service Confucians. This meant that they will issue Confucians identity cards accurately reflecting their religious affiliation and register Confucian marriages and births. On February 24, the Department of Home Affairs issued a similar edict to all local governments instructing them to provide the same services and protections for Confucians as they do for adherents of other recognized faiths. Nuranto credited President Yudhoyono and the First Lady for the progress. Nurantos said that the First Lady's sympathy for children born out of wedlock as a result of the legal barriers to marriage for Confucians was a major motivating factor. Chandra Setiawan, Commissioner responsible for religious freedom at the National Commission on Human Rights (Komnas Ham) and former head of MATAKIN, told us the Indonesian government has finally fulfilled the aspirations of Confucians. COMMENT -------------- ¶7. (SBU) Like many controversial issues in Indonesia, the question of regulating houses of worship has ended in compromise. For officially recognized religions, representing the vast majority of Indonesians, meeting the decree's requirements should be easy enough since the decree allows applicants to solicit members and supporters up to the district level. While any requirement of a minimum number of members and supporters remains controversial, the real test of the decree's fairness will be whether or not the JAKARTA 00004972 003 OF 003 government enforces it and keeps vigilantes from using force and intimidation against minority religious establishments. The decree will not provide protection or redress for very small congregations and members of faiths not recognized by the government. Yudhoyono's successful effort to force the bureaucracy to accept Confucianism represents a meaningful expansion of religious freedom. PASCOE