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President Susilo Bambang Yudhoyono should uphold freedom of religion in Indonesia and repudiate statements by his religious affairs minister calling for the banning of the Ahmadiyah religion, Human Rights Watch said today in a letter to the Indonesian president.
Since August 2010, Religious Affairs Minister Ali Suryadharma has repeatedly called for the Ahmadiyah faith to be banned in Indonesia. President Yudhoyono has failed to repudiate those statements, leading many to believe that he supports such an action. In recent years Islamist militants have repeatedly attacked and burned Ahmadiyah homes and mosques. Anti-Ahmadiyah violence has increased since Yudhoyono announced a prohibition on teachings or public displays of the Ahmadiyah religion in June 2008.
"President Yudhoyono gave a nationwide speech about religious tolerance in the United States, but what will he tell visiting US President Barack Obama about the burned Ahmadiyah mosques in Indonesia?" said Phil Robertson, deputy Asia director at Human Rights Watch. "Yudhoyono should take clear steps to protect religious freedom, starting with loudly rejecting any ban on the Ahmadis, and ensuring that those responsible for attacks on Ahmadiyah homes and mosques are prosecuted."
The Setara Institute for Peace and Democracy, a human rights group in Jakarta, recorded 33 cases of attacks in 2009 against the Ahmadiyah community. In late July, municipal police and hundreds of people organized by militant Islamist groups forcibly tried to close an Ahmadiyah mosque in Manis Lor village. On October 1, mobs attacked the Ahmadiyah community in Cisalada, south of Jakarta, burning their mosque and several houses; a Quran inside the mosque was accidently burned.
The Ahmadiyah identify themselves as Muslims but differ with other Muslims as to whether Muhammad was the "final" monotheist prophet. Consequently, some Muslims perceive the Ahmadiyah as heretics. Current Indonesian law facilitates discrimination against the Ahmadiyah. The June 2008 decree requires the Ahmadiyah to "stop spreading interpretations and activities that deviate from the principal teachings of Islam," including "spreading the belief that there is another prophet with his own teachings after Prophet Muhammad." Violations of the decree can result in prison sentences of up to five years. Human Rights Watch has consistently called for the government to rescind this decree, as it violates the right to freedom of religion.
A ban against the Ahmadiyah would violate guarantees of freedom of religion in articles 28 and 29 of the Indonesian constitution. Prohibiting the Ahmadiyah from practicing their religion also violates the International Covenant on Civil and Political Rights, ratified by Indonesia in February 2006, which protects the right to freedom of religion and to engage in religious practice "either individually or in community with others and in public or private." The treaty also protects the rights of minorities "to profess and practice their own religion."
"President Yudhoyono should order Minister Suryadharma to stop playing with fire with his demands to ban the Ahmadiyah," Robertson said. "Formalizing religious discrimination increases the vulnerability of Ahmadiyah and opens the door for further attacks and wider communal violence. This is hardly the recipe for promoting Indonesia as a modern, rights-respecting state."
Background
The Ahmadiyah faith was founded in what is now Pakistan in 1889 by Mirza Ghulam Ahmad. The Ahmadiyah community is banned in Pakistan and Saudi Arabia, and has come under attack in Bangladesh. There are approximately 200,000 Ahmadis in Indonesia.
The Ahmadiyah have come under increasing attack since a July 2005 edict from Indonesia's Council of Ulemas, a senior body of Islamic clerics, saying the Ahmadiyahs were deviating from Quranic teaching regarding the final prophet. Following the edict, Islamist groups attacked the Ahmadiyah headquarters near Bogor, and assaults on Ahmadiyah members were also reported in Lombok Timur, Manis Lor, Tasikmalaya, Parung, Garut, Ciaruteun, and Sadasari. Attacks on the Ahmadiyah community continued in 2006, forcing hundreds of Ahmadis to flee to a refugee camp in Lombok after mobs destroyed their homes and mosques. Some Ahmadis asked for political asylum at consulates in Bali.
In December 2007, mobs attacked Ahmadis, their mosques, and their homes in Kuningan, West Java. On April 16, 2008, Indonesia's Coordinating Board for Monitoring Mystical Beliefs in Society (Bakor Pakem) recommended banning the Ahmadiyah faith. Moderate Muslim leaders, including former president Abdurrahman Wahid and civil rights activists, responded by rallying support for the Ahmadiyah and the principle of religious freedom.
More than 200 people signed a petition on May 10, 2008, saying the government should be protecting the Ahmadiyah from attack. The signatories included many Muslim scholars, Catholic priests, Protestant preachers, Confucianists, Buddhists, Hindus, poets, writers, and human rights campaigners. Yet the following month, the Religious Affairs and Home Affairs ministries, and the Attorney General's Office, issued the discriminatory decree restricting the right of Ahmadis to publicly practice their faith.
The violence in Manis Lor, Kuningan regency, West Java, the largest Ahmadiyah community in Indonesia, followed an order by a local government official to close an Ahmadiyah mosque. On July 28 and 29, 2010, hundreds of protesters organized by militant Islamist groups forcibly tried to close the mosque. Minister Suryadharma responded by announcing that while the Indonesian government would not tolerate violence in religious disputes, the police would enforce the 2008 decree and warned that the Ahmadiyah "had better stop their activities."
On August 31, Suryadharma again blamed the Ahmadiyah instead of their attackers for the recent instances of anti-Ahmadiyah violence, saying that he believed that the incidents were consequences of the failure of the Ahmadiyah to adhere to the decree. He later added in news reports that, "To ban [the Ahmadiyah] is far better than to let them be. ... To outlaw them would mean that we are working hard to stop deviant acts from continuing."
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."
"The administration has chosen to hold food for more than forty million vulnerable people hostage to try to force Democrats to capitulate without negotiations," says one Georgetown law professor.
Two federal judges have said the Trump administration cannot use the government shutdown to suspend food assistance for 42 million Americans. But hours into Saturday, when payments were due to be disbursed, President Donald Trump appears to be defying the ruling, potentially leaving millions unable to afford this month's grocery bills.
A pair of federal judges in Massachusetts and Rhode Island ruled Friday that the Department of Agriculture's (USDA) freeze on benefits from the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps, was unlawful and that the department must use money from a contingency fund of $6 billion to pay for at least a portion of the roughly $8 billion meant to be disbursed this month.
“There is no doubt that the six billion dollars in contingency funds are appropriated funds that are without a doubt necessary to carry out the program’s operation,” said US District Judge McConnell of Rhode Island in his oral ruling. “The shutdown of the government through funding doesn’t do away with SNAP. It just does away with the funding of it. There could be no greater necessity than the prohibition across the board of funds for the program’s operations.”
McConnell added: “There is no doubt, and it is beyond argument, that irreparable harm will begin to occur if it hasn’t already occurred in the terror it has caused some people about the availability of funding for food for their family."
SNAP benefits are available to people whose monthly incomes fall below 130% of the federal poverty line. More than 1 in 8 Americans rely on the program, and 39% of them are children. According to USDA research, cited by the Washington Post, those who receive SNAP benefits rely on it for 63% of their groceries, with the poorest, who make below 50% of the poverty line, relying on it for as much as 80%.
McConnell shot down the administration's contention that the contingency funds may be needed for some other hypothetical emergency in the future, saying "It’s clear that when compared to the millions of people that will go without funds for food versus the agency’s desire not to use contingency funds in case there’s a hurricane need, the balances of those equities clearly goes on the side of ensuring that people are fed."
While the judge in Massachusetts, Indira Talwani, ruled that Trump merely had to use the contingency funds to fund as much of the program as possible, McConnell went further, saying that in addition, they had to tap other sources of funding to disburse benefits in full, and do so "as soon as possible." Both judges gave the administration until Monday to provide updates on how it planned to follow the ruling.
However, after the ruling on Friday, Trump insisted on social media that "government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two courts have issued conflicting opinions on what we can and cannot do."
He added: "I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible."
Attorney and activist Miles Mogulescu pointed out in Common Dreams that, "until a few days ago, even the Trump administration agreed that these funds should be used to continue SNAP funding during the shutdown."
On September 30, the day before the shutdown began, the USDA posted a 55-page "Lapse of Funding" plan to its website, which plainly stated that if the government were to shut down, "the department will continue operations related to... core nutrition safety net programs.”
But this week, USDA abruptly deleted the file and posted a new memo that concocted a new legal reality out of whole cloth, stating that “due to Congressional Democrats’ refusal to pass a clean continuing resolution (CR), approximately 42 million individuals will not receive SNAP benefits come November 1st.”
As Mogulescu notes: "The new memo cited absolutely no law supporting its position. Instead, it made up a rule claiming that the 'contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exist.'"
Sharon Parrott, the president of the Center on Budget and Policy Priorities, who previously served as an official in the White House Office of Management, said last week that it's "unequivocally false" that the administration's hands are tied.
"I know from experience that the federal government has the authority and the tools it needs during a shutdown to get these SNAP funds to families," Parrott said. "Even at this late date, the professionals at the Department of Agriculture and in states can make this happen. And, to state the obvious, benefits that are a couple of days delayed are far more help to families than going without any help at all."
She added: "The administration itself admits these reserves are available for use. It could have, and should have, taken steps weeks ago to be ready to use these funds. Instead, it may choose not to use them in an effort to gain political advantage."
In hopes of pressuring Democrats to abandon their demands that Congress extend a critical Affordable Care Act tax credit and prevent health insurance premiums from skyrocketing for more than 20 million Americans, Republicans have sought to use the shutdown to inflict maximum pain on voters.
Trump has attempted to carry out mass layoffs of government workers, which have been halted by a federal judge. Meanwhile, his director of the Office of Management and Budget, Russell Vought, has stripped funding from energy and transportation infrastructure projects aimed at blue states and cities.
"Terminating SNAP is a choice, and an overtly unlawful one at that," says David Super, a constitutional law professor at Georgetown University. "The administration has chosen to hold food for more than forty million vulnerable people hostage to try to force Democrats to capitulate without negotiations.”
"Trump’s attempt to impose a documentary proof of citizenship requirement on the federal voter registration form is an unconstitutional power grab," said one plaintiff in the case.
A federal judge on Friday permanently blocked part of President Donald Trump's executive order requiring proof of US citizenship on federal voter registration forms, a ruling hailed by one plaintiff in the case as "a clear victory for our democracy."
Siding with Democratic and civil liberties groups that sued the administration over Trump's March edict mandating a US passport, REAL ID-compliant document, military identification, or similar proof in order to register to vote in federal elections, Senior US District Judge for the District of Columbia Colleen Kollar-Kotelly found the directive to be an unconstitutional violation of the separation of powers.
“Because our Constitution assigns responsibility for election regulation to the states and to Congress, this court holds that the president lacks the authority to direct such changes," Kollar-Kotelly, an appointee of former President Bill Clinton, wrote in her 81-page ruling.
"The Constitution addresses two types of power over federal elections: First, the power to determine who is qualified to vote, and second, the power to regulate federal election procedures," she continued. "In both spheres, the Constitution vests authority first in the states. In matters of election procedures, the Constitution assigns Congress the power to preempt State regulations."
"By contrast," Kollar-Kotelly added, "the Constitution assigns no direct role to the president in either domain."
This is the second time Kollar-Kotelly has ruled against Trump's proof-of-citizenship order. In April, she issued a temporary injunction blocking key portions of the directive.
"The president doesn't have the authority to change election procedures just because he wants to."
"The court upheld what we've long known: The president doesn't have the authority to change election procedures just because he wants to," the ACLU said on social media.
Sophia Lin Lakin of the ACLU, a plaintiff in the case, welcomed the decision as “a clear victory for our democracy."
"President Trump’s attempt to impose a documentary proof of citizenship requirement on the federal voter registration form is an unconstitutional power grab," she added.
Campaign Legal Center president Trevor Potter said in a statement: "This federal court ruling reaffirms that no president has the authority to control our election systems and processes. The Constitution gives the states and Congress—not the president—the responsibility and authority to regulate our elections."
"We are glad that this core principle of separation of powers has been upheld and celebrate this decision, which will ensure that the president cannot singlehandedly impose barriers on voter registration that would prevent millions of Americans from making their voices heard in our elections," Potter added.