Indonesia’s new criminal code raises concerns for human rights, free speech

This picture taken on December 5, 2022 shows activists holding a protest against the new criminal code outside the parliament building in Jakarta. (AFP)
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Updated 06 December 2022
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Indonesia’s new criminal code raises concerns for human rights, free speech

  • New criminal code was approved unanimously by Indonesian lawmakers
  • It replaces a framework that stretches back to the Dutch colonial era

JAKARTA: Indonesian lawmakers passed on Tuesday a long-awaited and controversial revision of the country’s criminal code, a sweeping overhaul that critics say is a huge setback to human rights and freedom of expression in the Southeast Asian nation. 

The new rules were approved unanimously by Indonesia’s House of Representatives, three years after a similar draft law was shelved by President Joko Widodo following large-scale protests involving tens of thousands of young people, who had argued that the law threatened their civil liberties. 

The new penal code, which also applies to foreigners in the country, restores a ban on insulting the president, state institutions or Indonesia’s national ideology known as Pancasila. 

“We have tried our best to accommodate the important issues and different opinions which were debated,” Yasonna Laoly, the minister of law and human rights, told parliament. “However, it is time for us to make a historical decision on the penal code amendment and to leave the colonial criminal code we inherited behind.” 

A revision to the criminal code, which stretches back to the Dutch colonial area, had languished for decades as lawmakers in the world’s biggest Muslim-majority nation struggled to adapt its native culture and norms to the penal code. 

The new criminal code must be signed by the president after ratification and will not apply immediately to allow for the drafting of implementing regulations, with a transition period set for a maximum of three years. It can also be challenged in the Constitutional Court. 

Most criticism of the new laws has largely focused on penalties around consensual sex outside of marriage, as it makes extramarital sex punishable by a year in jail and cohabitation by six months, though charges must be based on police reports lodged by their spouse, parents or children. Currently, Indonesia bans adultery but not premarital sex. 

Others have also highlighted articles critics say will curb free speech, including mandatory police permit for public protests, without which protesters can be punished for up to six months in jail. 

“This criminal code is still thick with colonial aroma, and there are many articles threatening civil liberties and limiting democratic spaces,” Tunggal Pawestri, gender rights activist and executive director of Hivos Foundation, told Arab News. 

Pawestri acknowledged that there has been some progress since the nationwide protests in 2019 when opponents of the bill said the law-making process had lacked transparency and contained articles that discriminated against minorities. 

“Even though they said were open and tried to include input from the larger civil society, we think this was not their best attempt,” Pawestri added. “We have been shouting and giving our input, but it’s almost as if they didn’t listen to us.” 

Editorials in national newspapers decried the new laws, including daily newspaper Koran Tempo, saying the code has “authoritarian” tones and could be a “disaster” in the future. 

Under the new code, disseminating the teachings of Marxism, Leninism and communism in Indonesia is punishable by up to four years in prison. There are also expanded punishments for blasphemy, as promoting atheism or any beliefs beyond Indonesia’s recognized religions is punishable by up to two years in prison. 

The blasphemy chapter is “a huge setback in protecting freedom of religion and belief in Indonesia,” said Phil Robertson, deputy director of Human Rights Watch’s Asia Division. 

Robertson said the new legal provisions were “oppressive,” as they open doors to “invasions of privacy and selective enforcement that will enable police to extort bribes and officials to harass and jail political opponents. 

“In one fell swoop, Indonesia’s human rights situation has taken a drastic turn for the worse,” Robertson told Arab News. 

“Make no mistake, passage of this criminal code is the beginning of an unmitigated disaster for human rights in Indonesia. Lawmakers and the government should immediately reconsider this move, repeal this law and send it back to the drawing board.”


Grieving families await bodies after restaurant blaze

Updated 12 sec ago
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Grieving families await bodies after restaurant blaze

  • Among the dead was young university student MinHajj Khan, whose failure to escape the fire was witnessed by a friend with him at the restaurant and confirmed to AFP by his older cousin at the hospital

DHAKA: Anguished families kept vigil outside the morgue of Bangladesh’s largest hospital on Friday, waiting for the bodies of loved ones to be identified after a fire they say should never have happened.
At least 46 people were killed in Thursday night’s blaze in an upscale neighborhood of Dhaka, which broke out in a popular biryani restaurant and quickly engulfed a seven-floor commercial building.
Most of those who perished suffocated in the smoke, while the bodies of others were burned beyond recognition in the resulting inferno.
Among the dead was young university student MinHajj Khan, whose failure to escape the fire was witnessed by a friend with him at the restaurant and confirmed to AFP by his older cousin at the hospital.

BACKGROUND

Firefighters said the blaze was accidentally sparked from an improperly stored cooking gas cylinder and made much worse by the quick chain-reaction explosions of other canisters stored haphazardly around the building.

Khan’s mother had traveled to the hospital insisting his companion was mistaken, angrily sending away doctors requesting a DNA swab to check against bodies brought to the morgue.
“I won’t listen to anyone. I don’t believe any of you. I only want my son. Nothing else,” she said, declining to give her name.
“He promised to take me to Makkah for the pilgrimage. How can I go to Mak without him?“
It took fire crews two hours to control the blaze, with members of the public stepping in to carry hoses and help guide those escaping from the building to safety.
Before they arrived, many inside had rushed upstairs to the rooftop to escape the quickly spreading inferno.
Kazi Taslim Uddin said his 20-year-old son was among the dozens being treated in hospital for injuries after being forced to clamber down the side of the building.
“He tried to go to the ground floor but failed as people were rushing up the opposite way,” he told AFP.
“He grabbed some cables and tried to climb down, but they weren’t long enough,” he added.
“He jumped and got injured. The smoke also scorched his lungs.”
Firefighters said the blaze was accidentally sparked from an improperly stored cooking gas cylinder and made much worse by the quick chain-reaction explosions of other canisters stored haphazardly around the building.
Bereaved family members at the Dhaka Medical College Hospital were furious that nothing had been done to alert the public to the fire risk at the restaurant beforehand.
“It could have saved many lives,” said one man waiting to retrieve the body of a cousin who perished in the blaze who declined to identify himself.
“All these buildings are ticking time bombs. The regulators wake up only after the disaster occurs.”

 


UK PM Sunak warns ‘democracy a target’ in major extremism speech

Updated 01 March 2024
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UK PM Sunak warns ‘democracy a target’ in major extremism speech

  • PM: ‘In recent weeks and months, we have seen a shocking increase in extremist disruption and criminality’

LONDON: Following weeks of simmering tension in the UK over the Gaza conflict, Prime Minister Rishi Sunak Friday said that the “time has come” to battle extremist forces as he warned “democracy itself is a target.”
In an unusual address from outside his Downing Street home, Sunak said that “in recent weeks and months, we have seen a shocking increase in extremist disruption and criminality.”
Regular marches protesting Israel’s military response to Hamas’ October 7th attacks have seen dozens arrested for anti-Semitic chanting and banners, inviting support for a proscribed organization and assaulting emergency workers.
Right wing conter-protesters were also arrested when they descended on London for Remembrance Day events in November.
“Islamist extremists and far-right groups are spreading a poison. That poison is extremism,” said Sunak.
Matters came to a head last week when the Speaker of the House of Commons said he bucked procedure during a debate due to concerns about the safety of MPs.
Sunak said that the protests, a regular occurence on Saturdays in the capital, “had descended into intimidation, threats and planned acts of violence.”
“Now our democracy itself is a target. Council meetings and local events have been stormed.
“MPs do not feel safe in their home. Long-standing parliamentary conventions have been upended because of safety concerns,” he added.
The prime minister said that “police have a tough job in policing the protests” but that “we must draw a line.”
“I say this to the police, we will back up when you take action,” he added.
Sunak’s speech came as left-wing firebrand George Galloway was elected to the UK parliament after tapping into anger over the Israel-Hamas war in a chaotic by-election marred by allegations of anti-Semitism.
Sunak said it was “beyond alarming” that voters had elected a candidate “who dismisses the horror of what happened on October 7th, and who glorifies Hezbollah.”
The government will soon unveil a “new, robust framework” to tackle extremism, which will include backing for the counter-radicalization Prevent program and a demand for universities to stop extremist activity on campus, he explained.
“It is not enough to live side-by-side, we must live together, united by shared values and a shared commitment to this country,” said Sunak.
“The time has now come for us all to stand together to combat the forces of division,” he added.


Military court in Somalia sentences 6 Moroccan men to death for membership in Daesh

Updated 01 March 2024
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Military court in Somalia sentences 6 Moroccan men to death for membership in Daesh

  • The individuals entered Somalia to cause harm to Muslims and Somalis and incite unrest in the country
  • It was not immediately clear if any of the men had access to legal representation or where they were being held Friday

MOGADISHU: A military court in Somalia’s northeastern semiautonomous state of Puntland sentenced to death six Moroccans believed to be foreign fighters for the Daesh group in Somalia.
The individuals entered Somalia to cause harm to Muslims and Somalis and incite unrest in the country, the presiding judge in the Puntland region, Col. Ali Ibrahim Osman, said late Thursday.
The six men, identified as Mohamed Hassan, Ahmed Najwi, Khalid Latha, Mohamed Binu Mohamed Ahmed, Ridwan Abdulkadir Osmany, and Ahmed Hussein Ibrahim, can appeal and if they are unsuccessful they will be shot to death by firing squad.
Additionally, an Ethiopian and a Somali were each sentenced to 10 years in prison, while another Somali defendant was acquitted due to lack of evidence.
It was not immediately clear if any of the men had access to legal representation or where they were being held Friday. The eight men claimed they were misled into joining the group and expressed a desire to be repatriated, Osman said.
According to Osman, the six Moroccans were accused of receiving training with Daesh at its base in the Cal-Miskaat Mountains in northeastern Somalia, which serve as a stronghold for the group.
The Moroccans were apprehended in the mountain range, located to the east of Bosaso, which is the commercial hub of the Puntland region.
The Somali branch of Daesh was established in 2015 by a group of defectors from the Al-Qaeda-affiliated Al-Shabab group, which is the most prominent militant group in Somalia.
The group is notorious for extorting locals and primarily carries out small-scale, sporadic attacks. This marks the first time that authorities in the semi-autonomous Puntland region have charged or sentenced foreigners for joining Daesh.


Armenia, Azerbaijan to continue peace talks after Berlin meet

Updated 01 March 2024
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Armenia, Azerbaijan to continue peace talks after Berlin meet

BERLIN: Armenia and Azerbaijan have agreed to continue peace talks after a new push in Berlin this week to resolve their decades-long conflict, the German foreign ministry said on Friday.
Armenia’s Ararat Mirzoyan and Azerbaijan’s Jeyhun Bayramov held two days of talks in Berlin hosted by German Foreign Minister Annalena Baerbock, who hailed their “courageous steps” toward a peace agreement.
A German foreign ministry spokeswoman on Friday said the two countries had “a great interest in continuing to clarify outstanding issues together and to meet again for this purpose.”
The foreign ministries of Armenia and Azerbaijan had also said in a statement on Thursday that they wished to “continue negotiations on the open issues.”
The German spokeswoman hailed the agreement to pursue talks as “a very good sign” and said the two parties wanted to work “step by step” toward a peace agreement.
Armenia and Azerbaijan fought two wars, in the 1990s and in 2020, before Azerbaijani forces last September retook control of the breakaway region of Nagorno-Karabakh in a lightning offensive that ended three decades of Armenian separatist rule over the enclave.
Tensions have remained high since the Azerbaijani operation that triggered the exodus to Armenia of most of the enclave’s entire ethnic-Armenian population of more than 100,000 people.
The dialogue in Berlin built on a surprise direct meeting between the two nations’ leaders on the sidelines of the Munich Security Conference last month.
Under German Chancellor Olaf Scholz’s mediation, Armenian Prime Minister Nikol Pashinyan and Azerbaijani President Ilham Aliyev agreed in Munich to push on with peace negotiations.

Manila cafe sheds light on Palestinian heritage in wake of destruction

Updated 01 March 2024
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Manila cafe sheds light on Palestinian heritage in wake of destruction

  • Cafe Habib is run by Palestinian national Mahmoud Habib and his Filipino-Iraqi wife Nadia
  • Their menu is based on recipes from Habib’s mother in Gaza

Manila: Mahmoud and Nadia Habib opened their cafe in early 2023 to bring a piece of Palestine to the Philippines. Little did they know that the place would soon turn into a center of Gaza heritage and a hub of solidarity in Manila.

Located on Mabini Street, Cafe Habib is light, warm and informal with its white tables, grey sofas and ochre walls showing maps, photos and symbols of Palestinian heritage.

From the beginning, the husband — who is a native of Gaza — and the Filipino-Iraqi wife wanted their restaurant’s ambiance to make Filipinos feel as if they had stepped into a place in Palestine.

“We came up with the concept to create a special place where when customers come in, they will not think they are in the Philippines anymore. We wanted to spotlight Arab culture,” Mahmoud told Arab News.

For Nadia, it is also an attempt to “bring a piece of Palestine to the Philippines” to share its rich heritage, traditions, and flavors.

“The Palestinian-themed cafe became our platform to introduce the Filipino people to the beauty and depth of Palestinian culture. We believed that by immersing them in a unique and authentic experience, we could foster understanding and appreciation,” she said.

Their menu features authentic dishes such as falafel, shawarma, and the iconic Palestinian knafeh — crispy filo dough with cheese soaked in syrup and topped with pistachios — all based on recipes that have been in the Habib family for generations.

“These recipes all come from my mother,” Mahmoud said, adding that Nadia also learned to make them during their trips to his home in Gaza.

The last time they visited was in September, just two weeks before Israel launched its latest deadly onslaught that has since killed at least 30,000 people, wounded tens of thousands more, and displaced about 1.5 million.

They saw the destruction and hid from daily bombardment, only managing to return to Manila when Philippine authorities evacuated some of the Filipino-Palestinians from the besieged enclave in November.

Nadia was born and raised in the Philippines, while Mahmoud has been living in the country since 2013, when he arrived to study architecture at the National University.

Upon their return to Manila, they have been trying to reunite with Mahmoud’s family, but until now, it has been to no avail.

“I tried to bring them, but it is very hard,” he said.

It is their cafe, a reminder of Palestine, that keeps the couple strong and gives them space to spread awareness among Filipinos on what is happening in Gaza.

“Speaking up about Palestine is a crucial aspect of our mission, as it lies at the core of why we established this cafe. If customers initiate a conversation about … Palestine, we wholeheartedly engage in the discussion,” Nadia said.

They also helped facilitate the efforts of Filipino peace activists who organized a Gaza solidarity march in November.

“They gave me more power. This shows that our voice goes out to the world, and everyone really has a huge heart,” Mahmoud said.

“I am proud of (this cafe). I am really happy because I’m showing people what Palestine is, who the Palestinian people are.”