GLOBAL JUSTICE

ROLE OF RELIGIOUS LEADERS AS FEMINISTS IN ADVOCACY OF GENDER JUSTICE IN INDONESIA: A STUDY ON POLIGAMY ISSUES

noreply@blogger.com (Agus Miswanto) — Fri, 25 Feb 2011 20:17:37 PST

by Agus Miswanto| Sept, 22, 2010

A. INTRODUCTION

Polygamy is one of interesting issues which usually become discourse and controversial among Muslim people in Indonesia. Since some people assume that polygamy is part of Islamic religious teaching giving men to allow merry more than one woman. On the other hand, some Muslim people oppose to this notion, and they argue that polygamy although at the first time was allowed, but due to the process of shifting condition and situation, polygamy is prohibited. Because practice of polygamy has deviant from the goal of marriage. This perspective can not be separated from the raising of feminism movement in the Muslim world today.

Islamic feminism1 is “characterized by a consciousness of oppression and repression towards women in society, the workplace and the family, as well as conscious actions by females and males to change the situation using the sacred texts as a foundation” (Fuad, 2007:272). Therefore, based on this perspective, one can be called feminist if he/she actively try to alter the situation of discrimination on the basis of sex, male domination and patriarchy, In line of this notion, however religious leaders have strategic position2 in the way of producing interpretation of religious text in fighting on gender justice. This essay would like to address about religious leaders role in addressing human rights against polygamy. How do they frame the issues, and what is the impact of their effort?

B. TRANSLATING HUMAN RIGHTS IN THE CROSS-CULTURE CONTEXT

Translating Human rights into the real context of society is the need a process and instrument. Sally Mary (2006a:40-43)suggest the use of culture as an instrument of translating human rights into society. In her perspective, culture can be used to frame and claim human rights. Of course, the use of culture needs new interpretation which fit and accord with human rights values (Marry,2006b:12). In line of Marry perspective, an-Naim (in Marks and Clapham,2004:395) also acknowledges that human rights usually denied and unrecognized by people due to out of culture legitimacy. In other word, culture plays a pivotal element in human rights advocacy. Otherwise the culture can be used as legitimacy, he suggest the use of cross culture critic to frame human rights, because culture is not always compatible with human rights, even it can destruct human rights. Therefore, critic against culture which offend human rights is unavoidable, before using it as instrument of legitimacy of human rights into society.

In the context of Indonesian Muslim, religious leaders try to reconcile the substance of Islamic doctrine with the values of universal human rights. Therefore, Indonesian Muslim intellectuals see that the application of universality of human rights has to consider differences of socio-cultural background (Fuad,2007:282). Due to this perspective, they have tried to make synthesis between the universalism and relativism of both Islamic and human rights in order to make both fit within the Indonesian context.

In line of reconciliation effort, religious leaders use Islamic language in translating universal human rights values. In this case, religious leaders look for universal values platform between universal human rights and fundamental values of Islam. Then, at the same time, they also pay attention to deconstruct shari‘ah which undermine women rights. In other word, they do not take shariah3 as granted, but shariah it self needs criticism. They see shariah is not a eternal product of Divine, but it is a profane product of human from certain era, schools, and places which has a different taste, culture and perspective (Fuad, 2007: 283).

C. RELIGIOUS LEADER ROLE IN ADVOCACY AGAINST POLYGAMY

Religious leaders have a pivotal role in transforming society and social justice. In the context of women rights, the role religious leaders can be seen their effort in transforming religious values in the context of social change. Regarding of polygamy issues, religious leaders seek the essence of religious values, give critic to product of the past religious text, and frame monogamy as an ideal form of marriage, as basis of their advocacy.

1. Finding Interpretation Theories of religious text as a basis of framing advocacy

According to Musdah Mulia (2010), the primary element undermining woman position in Muslim communities is religious interpretation constructed by religious authorities. Therefore, according her, the problem is not the religion it self, but people behind religious text. Therefore, reinterpretation of religious teachings (ijtihad), is a crucial solution to settle the problem. In other word, religious leaders in the modern era has to find a way of interpretation of religious text which can respond dynamic changes of the real context. This effort has been lasting for a century a go, in which Ulama and Muslim scholars see the legal theories from the past was not available to produce an interpretation fitting and proper with the contemporary context of Muslim society.

A number of Indonesian ulama has contributed in finding new legal theories exploited in interpretation of Islamic law. Few of them are such as Nurcholish Majid, Abdurrahman Wahid, Amin Abdullah, Munawir Sadzali, Hasbi ash-Shidiqy, Siti Musdah Mulia, Dawam Raharjo, Husain Muhammad, Nazaruddin Umar, etc (Wahid, 2008:55). In the way of interpretation, they carried out the religious text from theo-centric to anthropocentric, from elitist to popular nature, from deductive to inductive. Accordingly, religious leaders (ulama and Muslim scholars) interprets Qur’anic verses and al-Hadits from the perspective of public benefit (Maslaha), local wisdom, maqashid al-syari’ah, and public logic (ibid) Even Musdah Mulia and her team of CLD KHI use method of interpretation of Islamic law based on a vision consists of six points, that are pluralism (ta’addudiyyah), nationality (muwâthanah), upholding human rights (iqâmat al-huqûq al-insâniyyah), democracy (dîmûqrathiyyah), public benefits (mashlahat), and gender equality (al-musâwah al-jinsiyyah) (Wahid, 2008:54; Mulia, 2010).

2. Framing Polygamy as contradict to Islamic Messages

Principally, Islamic marriage is monogamous. It is understood from the message of polygamy limitation addressed by the prophet. Although it was lawful in the prophet era, but it was limited. Since polygamy had become a customary practice among Arab tribal, before and at the dawn of Islam. At that time, commonly, people practiced polygamy, and there was no limitation to have many wives. Therefore, after Islam come, the practice of polygamy was limited in number and the practice has to fulfill certain requirements. Message of the limitation, according to modern ulama, is that the practice of polygamy would be banned, if the condition of society change and achieve in the better civilization. The limitation is only the initial sign for banning polygamy in the future.

a. Polygamy contradict to Justice

Muslim religious leaders frame justice issues as a reason for prohibiting practice of polygamy. They see that polygamy practices has violated gender justice. According to them debate on justice which in Islamic law regulations on polygamy refers to such notions as giving equal provision to all wives, tends to be qualitative justice. According to Komaruddin Hidayat concept of justice in al-Quran refer to term al-qist and al-‘adl. Al-qist according to him, is a quantitative category, which concerned with the equal provision of material needs such as money, and this can be afforded by those who have more than one wife. Then, ‘adl or ‘adalah is a qualitative category in which it is more abstract in measure and difficult for people to achieve with regard to polygamy (Fuad, 2007:275). Therefore the person who can afford quantitative justice is not always the one who can satisfy the requirements of qualitative justice. In other word, doing polygamy is not allowed, because no one can afford qualitative justice.

In addition, when a husband can not afford a qualitative justice such as passion and love, consequently he has done discrimination among his wives. Therefore, accordingly it will lead to violet goal of Islamic marriage. Because, the primary core of a family is the existence of reciprocal respect and love among its members, therefore if a husband cannot respect the rights of his wife, the structure of the family will be damaged. Hence, polygamy is only a form of discrimination against and marginalization of women (Fuad, 2007:274).

b. Polygamy as a form of violence against women

Many religious leaders also see that practice of polygamy will form violence against women. For instance, decision of a husband to marry other women will only hurt heart of his wife, it is, because majority of women does not want to share love of her partner with other women. Psychologically, women will experience psychological harassment such as sadness, anger, feel to be isolated, and offended (Venny,2006). Furthermore, polygamy will trigger conflict among family members. In other word, polygamy only make uncomfortable situation among women, and will impact on family harmony. Therefore, polygamy contradict to maslahat of marriage, the goal of marriage will not be achieved. In addition, polygamy contradicts to concept of musawah al-jinsiah (equality relationship), passionate and love which is as a basis of marriage relationship. In this notion, that men and women are equal, there is no domination and subordination. In fact, polygamy is likewise a symbol of patriarchy culture, in which women become subordinated and as an object of male sexual.

D. IMPACT OF ADVOCACY TO PEOPLE

The way of interpretation of religious text has resulted new significant paradigm. Not only People hold on the product of religious text from the past, but they have an alternative interpretation in the new ways. In the context of polygamy, for example, therefore, they have a theological basis and framing as an instrument to give pathways in defending women rights against polygamy issues. Based on the frameworks, feminism movement has a strong basis theology to claim women rights. Musdah Mulia and her team, for instance, has succeeded in proposing Counter Legal Draft of Islamic Law Compilation (CLD-KHI)4, and become main discourse in public sphere. Her efforts aim at suggestion of amendment of Islamic law (KHI) which is used as resource in Islamic court. One of the purposes of amending KHI which is used in Islamic Court, is the existence of polygamy in that law.

Beside that, personally, the new frameworks of interpretation also give people bravery and encourage them to raise critic against religious text including polygamy notion. Abdurahman Wahid (Faqih,2003) for example, accused people who allow practice of polygamy, they do not understand the messages of Qur'an. Even, KH Husain Muhammad see practice of polygamy does not fit and proper with essence of Islam. Furthermore, the anti-polygamy movement in Indonesia increase from time to time. For instance, Dickson's research on Muhammadiyah women (Aisiyah)5 in Malang shows that majority of Muslim women see that monogamy is an ideal marriage, then the preference on monogamy marriage among them increased very significant from the prior research (Dickson, 2008:). Then based on a survey conducted by Indonesian Survey Foundation (LSI) together with Center of Studies on Islam and Society (PPIM) of State Islamic University of Syarif Hidayatullah, on March 2006, showed that almost 60% (57,4%) of Indonesia people was categorized to “refuse polygamy”, which consist of 53% of people declared "disagree", and 4,4% of people claimed "very strong disagree" (Martadikusumah: 3). Then, there are also many demonstrations from Muslim women and activists demanding the government to amend and alter Law 1/1974 on marriage. Because in this law, although the bond between husband and wife is basically monogamous, but the possibility of having more than one wife (polygamy) is open to all Muslim men.

E. CONCLUSION

Religious leaders has a pivotal rule in promoting human rights, although there are also many opposition from colleague. Religious leaders can function as bridge in transforming society from traditional views which has very strict to women, into modern society which has views of democratic and equality. The role of religious leaders give a legitimized framework of international and universal human rights applicable to the particular society, but also they function critic against religious norm which unavailable to society more reachable than others.

Polygamy which is legitimate rule in the frame work of traditional shariah, can be interpreted in the new way in which it is prohibited to do. Since the essence of limitation of polygamy in the time of prophet give indication of guaranteeing women from exploitation. As long as the process of time, the permission of polygamy is not available due to the essence of Islamic message on marriage. Beside that, requirement of qualitative justice as basis of relationship between men and his wives is difficult to be afforded. Likewise, polygamy also triggers violence against women, such as discrimination and conflict within family members.

REFERENCES

Dickson, ANNE LOUISE, 2007, Pandangan Ibu-ibu 'Aisyiyah di Malang Terhadap Poligami, http://www.acicis.murdoch.edu.au/hi/field_topics/anne_dickson.pdf, accessed in June 26, 2010

Faqih, Abdullah, 2003, Poligami dalam Perspektif Alquran, in Suara Merdeka: Perekat Komunitas Jawa Tengah, http://www.suaramerdeka.com/harian/0308/28/kha2.htm accessed in june 27, 2010

Fuad, Ahmad Nur, et al., 2007, 'Islam and human rights in indonesia: an account of muslim intellectuals' views', Al-Jami'ah, vol. 45, No. 2, http://ern.pendis.depag.go.id/DokPdf/jurnal/01-Al-Jamiah-vol-45-No-2.pdf

Marks, S. and A. Clapham, 2004, International Human Rights Lexicon, Oxford, Oxford University Press

Marry, SE, 2006a “Transnational Human Rights and Local Activism: Mapping the Middle”, in American Anthropologist, Volume 108, Issue 1 (p 38-51), http://www3.interscience.wiley.com.olr.iss.nl/cgi-bin/fulltext/120127451/PDFSTART, accessed in June 26, 2010.

Marry, SE, 2006b, Human rights and Gender Violence, Translating International law to Local Justice, Chicago, University of Chicago Press

Martadikusumah, H.R.A.G. Hanafi, Stigma Poligami dan Kesetaraan Jender (Perspektif Islam dan Hukum Perkawinan Indonesia), http://www.uninus.ac.id/data/data_ilmiah/STIGMA%20POLIGAMI%20DAN%20KESETARAAN%20GENDER.pdf, accesses in June 26, 2010

Mulia, Siti Musdah, 2010, Islam as a Tool for Women’s Empowerment and Peace Building, in Global Justice: Fights Against Discrimination and Inequality, http://justicerights.blogspot.com/#ab=-&dh=justicerights.blogspot.com&dr=&du=http%3A%2F%2Fjusticerights.blogspot.com%2F&dt=and%20Inequality%20

Oh, Irene, 2005, Islam and the Reconsideration of Universal Human Rights, http://www.irmgard-coninx-stiftung.de/fileadmin/user_upload/pdf/archive/042%20Oh.pdf, accessed in June 2006

Syamsiatun, Siti, 2004, ' The Origin of Nasyiatul Aisyiyah: Organising for Articulating Religious-based Womanhood in Pre-Independent Indonesia', This paper was presented to the 15th Biennial Conference of the Asian Studies Association of Australia in Canberra 29 June-2 July 2004, http://coombs.anu.edu.au/SpecialProj/ASAA/biennial-conference/2004/Syamsiyatun-S-ASAA2004.pdf, accessed in June 26, 2010

Venny, Adriana, 2006, “Kekerasan Poligami”, in Jurnal Perempuan, http://www.jurnalperempuan.com/index.php/jpo/comments/kekerasan_poligami/, accessed in June 27, 2010.

Wahid, Marzuki, 2008, 'Counter Legal Draft Kompilasi Hukum Islam (CLD-KHI) from the Perspective of Politics of Law in Indonesia, http://english.pta-yogyakarta.go.id/artikel/lawarticles/260-counter-legal-draft-kompilasi-hukum-islam.html , accessed in June 26, 2010

Agus Miswanto is a lecture of Islamic studies at Muhammadiyah University of Magelang. He got his bachelor in Islamic law from the State Islamic University of Sunan Kalijaga, Yogyakarta in 2000. Then he continued his master program at the same university in 2002, unfortunately he did complete it. In 2009, he was awarded a felowship program from Ford Foundation to take master on human rights, development, and social justice at ISS (International Institute of Social Studies Erasmus University) in the Hague, The Netherlands.

Islam as a Tool for Women’s Empowerment and Peace Building

noreply@blogger.com (Agus Miswanto) — Thu, 17 Jun 2010 01:54:23 PDT

|Thursday, 17 December 2009 at 03:22|By Siti Musdah Mulia| Facebook|

This Essay was presented at Seminar in Melbourne "Islam as a Tool for Women’s Empowerment and Peace Building"

Siti Musdah Mulia is a Profesor on theology and Gender at the State Islamic University of Syarif Hidayatullah, Jakarta. She is also a reseacher at The Indonesian Institute of Sciences (LIPI: Lembaga Ilmu Pengetahuan Indonesia). She is well known as an human rights activist, especially she is very concerned on women and gender inequality.

Islam a source for women’s empowerment

As a Muslim woman, I do believe that the essence of Islam is revealed in the humanistic values it embodies. The most complete expression of those values is the recognition by Islam of the fundamental equality and unity of all humanity. All human beings are considered equal. All human are equally created by God. The only thing that differentiates one individual from another is the degree and quality of her devotion and obedience to God. And the only one capable of judging the quality of human devotion is God Himself.

Theologically, Islam is a blessing for all human being. There is no difference between male and female. Its teachings contain universal values that cover all aspects of human life, encompassing all the problems of human beings from the cradle to the grave. From the aspects of law, Islam covers various problems that human beings are facing in their role as both individuals and members of a society. From the psychological aspects, its teachings provide all-encompassing peace both materially and spiritually, physically and mentally. From anthropological aspects, its teachings are aimed at all the nations and peoples in the world.

Islam brings out the importance of the principle of equality among humankind. All the teachings of Islam bring to the fore the equality of standing and stature among human regardless of their sex, color, skin, geographical location, and social status, as provided in the Qur’an : O humankind, actually We have created you from a man and a woman and have made you nations and tribes so that you know each other. Verily the noblest person among you on Allah’s side is the person who is the most religiously devout to Allah among you. Verily, Allah is the Omniscient.

Even if there is a big difference among human, such a difference is not intended to oppress one another, to discriminate one another, and to be hostile towards one another. The main goal of the creating of human being is for a noble objective, that is, to know one another and to build mutual understanding among human.

The problem is that generally, Muslim community regards women as creatures whose share is half of that of her male counterpart, accordingly, woman’s rights of inheritance is only half of that of men; the number of goats offered for the akikah (ritual shaving of the head of in infant and ritual sacrifice seven days after birth) of daughters is half of that provided for sons; two woman witnesses are equalized to one man witness, and mahar (dowry), property brought by a bridegroom to his would-be bride) is always construed as the price of the vagina or the payment of the women’s body.

It is important to note that, in the context of women, the implementation of Islamic law in Muslim countries signifies the throwing back of women to the domestic confines of home, returning to passage of the principles of woman domestication; reestablishing woman subordination. It is blatantly evident that the efforts to implement Islamic law in the community first things first, always made with reference to the throwing of control over woman’s body, to the curbing of women activities, to the sending back of women to the domesticated life of home.

So, there rises a critical question: What’s wrong with women? And why are they always competed for in terms of public policy? The answer is very simple, is that: to conquer women means mastering life, controlling power, defending truth, and also maintaining morality in social life. As long as my work in this women issue, I have come to the conclusion that women always become objects of competition due to anything but their bodies, since they are embodiments of multifarious symbols: symbol of life, of power, of truth, of morality, and of purity of religious teachings. Women always become the first and paramount target of any campaign and effort of Islamic law implementation or formalization.

Islamic reinterpretation is a necessity

The main factor of the decrease of woman position in Muslim communities, is religion interpretation which are constructed by the owners of religious authorities, and that is not the religion it self. So that, the solution offered to settle the problem is reinterpretation of religious teachings or ijtihad.

It is very interesting to know that Muslim communities almost agree that ijtihad in the sense of building new interpretation and comprehension approach of Islam is a necessity, not only after the decease of the Prophet, even in the era of his life. The hadith of Muaz ibn Jabal indicates that necessity very clearly. The other hadith usually referred with regard to the importance of ijtihad is: innallaha yab’atsu ala kulli ra’tsi miati tsanah man yujaddidu laha dinaha. (Actually Allah will manages in every 100 years, a renewal agent who will renew the religious interpretation).

In my opinion, Islamic reinterpretation or ijtihad should be based on at least three principles as follows:

1. The principle of Tawhid

The core and foundation of Islam is the concept of tawhîd. Tawhîd is the basis for human devotion to God, and guides humankind on how to establish harmonious relationships among themselves. In every day life, tawhîd is the principal point of reference which leads guides humans to act correctly, in both their relations with God and with other humans and the universe. The sincere practice of genuine tawhîd will lead humans to a good life in this world and happiness in the hereafter.

What is the real meaning of tawhîd? When it is recalled that the essence of Islam is its system of human values, it becomes clear that tawhîd cannot be separated from our human relationships in every-daylife, and particularly the relationship between men and women. The next question, then, is what does it mean in the context of those relationships to acknowledge tawhîd?

This latter question leads us to a deeper understanding of the meaning of tawhîd, particularly its relation to and meaning for everyday life. This is important considering that the practical significance of tawhîd is often undervalued in such a way that it comes to be seen as an old-fashioned doctrine lacking any connection to the problems of contemporary life. Tawhîd is often superficially understood as a means for understanding the attributes of Allah, the pillars of faith, and so on. It no longer appears as a force that enlightens and liberates human being from injustice, oppression, and other forms of abuse, as was originally taught and practiced by the Prophet Muhammad.

From an etymological point of view tawhîd means ‘to truly know that something is one’. We can conclude, therefore, that tawhîd means to submit oneself completely to Allah and to no other, to obey all His decrees and prohibitions wholeheartedly, full of love and hope, and fearing only Him.

Many verses in the Qur’ân mention tawhîd, but the essence of the concept of tawhîd can be found in sûrah al-Ikhlas. This sûrah contains several important teachings, such as that Allah is one, that Allah is our support, Allah has neither parents nor offspring, and that Allah is utterly without equal.

The conviction that no human equals Allah has given rise to the principle of the equality of humankind, as all humans are Allah’s creatures. No human is superior to any other; all are fundamentally equal. No human may be deified in the sense of being made the source of guidance and support, to be feared, prayed to, and regarded as unquestionably correct. A king cannot be a god to his people, a husband cannot be a god to his wife, a rich person cannot be a god to a poor one. Because they are not gods, kings and leaders cannot be worshipped by their people like a god; an employee should not worship his or her employer; a wife should not worship her husband. Thus, fear of and unconditional obedience towards a king, a leader, an employer, or a husband that exceeds that which is accorded to Allah is a denial of the principle of tawhîd.

On a social level, the power of tawhîd gave the Prophet the courage to defend the weak, the oppressed and those who were rendered structurally and systematically powerless, such as women, slaves, and children, as well as those who were abused by their leaders and others who hold positions of power and hide their cruelty behind the name of God.

It is apparent, therefore, that tawhîd is not simply a static religious doctrine. It is an active force that enables mankind to recognize God as God and humans as humans. A genuine understanding of the meaning of tawhîd brings both salvation and prosperity to individuals and also forms the basis for a society that is moral, civil, humanitarian, and free of discrimination, injustice, cruelty, fear, and oppression towards individuals or groups. This is how the principle was used, taught, and introduced by the Prophet Muhammad PBUH.

2. The principle of Maqashid al-Syar’iyah

Although the Qur’an and Hadith generate and lay down legal binding rules, indeed, the number is very scanty compared to human problems, which require legal decision. Therefore, renewed interpretation or ijtihad is inevitable. Such ijtihad shall stick to Islamic legal resources namely the Qur’an and Hadith. In this regard, I would like to note that the understanding of the two resources shall not be based on literally meaning but rather more contextually with reference to the true objective of Islamic legislation (maqashid al-syari’ah). The objective of Syari’ah is clearly implemented in the value of justice (al-‘adl), virtue (al-mashlahah), wisdom (al-hikmah), equality (al-musawah), compassion (al-rahmah), pluralism (al-ta’aduddiyah), and human rights principles (al-huquq al-insaniyah).

Al-Ghazali, the prominent Islamic Scholar has formulated the values engraved in maqashid al-syari’ah into five basic principles of human rights which he designated as al-huquq al-khamsah. The said five human rights constitute the rights to live, rights to voice opinion freely, rights to have religion, right to have properties and right to reproduce offspring. The concept of al-huquuq al-khamsah subsequently leads to the importance of treating human beings as both the target and the subject of Islamic legislation.

Therefore, it is not exaggerated if Ibn al-Qayyim al-Jawziyah, a prominent scholar in Islamic Jurisprudence in the school of Hambali, has stated: Islamic legislation is actually established for the interest and benefit of humankind and for humanity universal objectives such as virtue, justice, compassion, wisdom, and so on and so forth. It is these principles that shall serve the guideline in legislation making, and must inspire all law-making actors. What so ever they are. Any deviation from this principle means running counter to the true ideal of the Islamic legislation itself.

The other inspiring statement made by Ibn Rusyd. He said that the benefits for humankind constitute the root of various legislations stipulated by God. Even more, Izzuddin Ibn Abdissalam has arrived at the conclusion that all religious provisions are entirely directed for the benefit of humankind.

It is very important to note that grounded in the theory of Maqashid al-Syari’ah, Ibn Muqaffa’ classified Qur’anic verses into two categories: Firstly, ayat ushuliyah (universal verses) which is universal in nature since it describes the fundamental teachings of Islam, such as the Qur’anic verses regulating marriage, inheritance and social transaction. Secondly, ayat furu’iyah (particular verses) which is particular in nature since it discloses specific matters, such as the verses explaining the principles of justice, peace, gender equity, human right, and wisdom.

Unfortunately, most Muslims pay considerable attention to and are too much carried away in the implementation of particular verses and pay no heed to and discard the universal ones. It is not surprising that Muslims’ appearance seems rigid, exclusive, and very unfriendly women.

3. The principle of fiqh relativity

As a Muslim, I no doubt that the Qur’an is eternal and absolute truth, but its interpretation is not absolutely eternal and ever-lasting. Its interpretation is always relative. The historical development of many schools of Islamic Jurisprudence (fiqh) constitutes a clear and positive evidence of the relative nature of the interpretation. Fiqh as we know today is truly the result of intellectual activity of Muslim scholars.

It is necessary to understand that a faqih, however objective he may be can hardly separate him self from his socio historical sphere, laws, traditions developing at the time of his life. Therefore, the codification of fiqh views prevailing in a gender – biased community will certainly produce books of fiqh which are misogynic.

Finally, I would like to recommend that Moslem people should realize that the Qur’an and the Sunnah are texts which should be read and interpreted contextually, namely by understanding the historical and political contexts on which the both were revealed. Context-based interpretation will lead us to an in-depth understanding and appreciation of the messages of universal Islamic morality, such as justice, peace, gender equality, human rights, affection, and freedom. It is this leading thread which should be understood when reading and interpreting the verses addressing the gender relation. It is this type of interpretation which will lead us to do efforts regarding women’s empowerment and peace building.

Allow me now to share my experiences have been highly focused on community development, particularly on women’s empowerment and peace building.

Promoting the health and reproductive rights of women

I devoted my time to this program for 20 years (1985-2005) through Fatayat NU organization. Fatayat NU is a young women organization in the circle of Nahdatul Ulema organization with the majority of membership at the grass-root level. The principal aim of this program was to promote women basic right, especially to woman groups at the grass-root level.

The implementation of this program in the society was not as easy as it was on paper. Because, talking about health means entailing a wide variety of other issues obtaining in the society, such as: community’s nutrition processing, ensured availability of potable water, environmental sanitation, the provision of immunization medication and family planning contraceptive, drugs and devices, the maintenance of health infrastructures and facilities provided by the government, and of no least importance was the family planning issue.

In addition, the table manner and is strongly influenced by religion-laden and legitimated patriarchal values. The culture and religious interpretation obtaining in the society indoctrinate that husband is the leader of the family. The man is the master, the boss of the household. As a consequence to this is that woman is no one but a maid, a domestic servant whose place of activity is never away from the kitchen. Therefore, men, fathers, or husbands are usually given the first helping to the meal with certainly larger portion and better quality.

Meanwhile, it is still considered that women (mothers and wives) shall wait for their turns. Because, the ideal wives are always considered as those who have great patience waiting for their husbands and never taking the meal before the husbands do. Customarily, they eat after their children do. It is not surprising that what they have is only the leftovers and thereby the food they have as the last diners is of lower quality.

Besides, society’s poverty has made them deprived of access to clean or potable water and to well-balanced nutritious food. Their religious standpoint also influences their decision to participate in the Family Planning program. Because, according to Islam as evidenced in a number of the Prophet’s hadiths (traditions) which appeal that married couples should have many children, and a strict prohibition of abortion. To make matters worse, there also goes the culture “The more children you have, the larger fortunes you will get”.

The success of this program was much attributed to the support and participation taken in by the eminent religious leaders. Through those leading figures, in a gradual but sure step are weeded out cultural values and religious interpretations which were not conducive to community development. Apart from this, we also adopted educative and advocacy approaches using the language and jargon of the religion. Because of this approach was deemed to be able to crash the deep-rooted tradition and gender-biased religious interpretation.

Thereafter, in a bid to increase the income of the community, we introduced income-generating program by providing rotating capital to the poor, underprivileged families. With such capital, women especially married ones were expected to be able to undertake economic activities, such as engaging in cookies-making, bags-producing, bridal making-up to increase the family’s income. Subsequently, such undertakings were in turn expected to fulfill the need of the entire members of the society for adequate nutrient’s and good health.

In the course of 20 years being engaged in this program, I really discovered and learned so many interesting lessons as follows: It was not easy to convince the society concerning the importance of maintaining children’s good health and the need of Family Planning Program. Several factors were presumably accountable for this unfortunate condition, which among others, were the lack of education; cultural values which always regard women as the object of development; and generally a mother is treated as a production machine; and still rampant gender-biased religious standpoints.

The biggest failure of this program was due to the placing women as primary targets. Meanwhile, the decision-makers in a family were generally men not women. The result is that the responsibility to take care children is back to the wives or the children’s mothers. The child’s father or husband does not view this as his duties. The same unfortunate condition also holds to the Family Planning program. As a result, the acceptors of the Family Planning program were predominantly women. Only few men (less than 1%) were willing to use birth control measures. On the other realm, the efforts to increase the family income poses multifarious burdens on women, and even had a tendency to bring about violence. Women still had to maintain the domestic household tasks while at the same time they had to distribute their time for the pursuit of family’s economic betterment. On the other hand, men do not care a damn to the efforts to fulfill children’s rights, including maintaining their sustainable lives. The men generally hold the view that the tasks to take care children all belonged to women or their wives!

Promotion of women political rights

To overcome the problem of society’s inferiority is offered an approach through the opening of public space, in which society have right to deliver their political vote. Its aim is to re-establish social democracy in the rural. This approach seems to be sufficient and effective rather than to start from the elite level. This is meant to increase capacity building of rural community about organizing government, particularly local government. Capacity of community is a constituent element in the frame-work of generating productive participations towards capacity local government. Without any capacity, the participation will be contra-productive against democracy spirit.

Political education to the villagers, especially women, is one of alternative process of democracy in our country. We hope that through this way they realize that democracy is one of the effective and efficient means for the manifestation of prosperity in each aspects of villagers’ life. Political education for the villagers might take the issues about democratic event like voter education.

My experience as a coordinator of voter education program, specially established for women voters at the grass-root level on the eve of the 1999 General Election in Indonesia is very relevant to be quoted on this priceless occasion. At that time I was an activist at Muslimat NU, a women wing’s Organization of Nahdlatul Ulama. This program was undertaken in 16 provinces in the pursuit of promoting woman political engagement, especially at village level where the majority of women live.

The Voter Education program lasted for almost a year, and it was concluded with the following important issues. First, the rural or village is the most numerous local community association found: 70% of the population live in the rural and more than 80% of them are women.

Second, even though Indonesia has become an Independent country for more than a half century, generally, women have not been aware of their rights especially political rights. As well, they have not understood what democracy means, and the importance of General Election in building Indonesian future, which is democratic, and establishing a just and prosperous society.

Third, this program has also made us aware of that political education has never been taught properly and systematically for women. The political system of the last New Order had treated political rights of women individually or collectively, in such way, that women experienced remarkable depolitization.

The depoliticization of women is reflected in the spontaneous questions and expressions cast by participants of voter education such as: In choosing a political party can we disregard parents’ views? As a wife, can we choose a political party which is different from that which is chosen by our husbands? Are not we sinful, to choose a party other than the ruling party? In choosing a party in an election, can we disregard opinion of imams or ulama? Is there any significance for women to be involved in politic? Is not politic dirty, cruel, full of hardships so that women should not be active in that sector? Is politic men’s domain because only men are entitled to be leaders?

Last but not least, it was appeared from the voter education that there are three women problems with respect to Indonesian politic: the problem of being insufficiently represented in public domain; the commitment of political parties are not yet gender-sensitive so that it can not yet provide enough access for the women interest; and the obstacles generated from bias-gender and bias-patriarchy cultural values and religious interpretation. In addition, people considerations that politic is dirty, cruel resulted in the unwillingness of women to be active in politic. There are not many women interested in politic because the role play in political party in internal policies in parliament has not friendly woman.

Proposing the Amendment of The Compilation of Islamic Law.

Social inequality and gender discrimination are not the result of any single cause, but arise from and are sustained by a variety of structural and ideological forces. One factor that has contributed to the preservation of gender inequality in Indonesian society is the law. Gender-based discrimination in the legal sphere operates on three dimensions simultaneously. First, on a structural level, insensitivity on issues of gender by officials with responsibility for enforcement of the law, especially among public prosecutors and judges, stimulates and reinforces gender inequality. Second, gender discrimination on the structural level is buttressed by unequal treatment of women under the substantive law. Finally, both the structures and the substance of the law are sustained by a legal culture that is suffused with patriarchal values.

A principal source of the patriarchal values that inform and legitimate the law is religion. Religious doctrine that has been incorporated in state law is an especially potent force for sustaining social inequality since the discriminatory values embodied in laws are justified and reinforced by religious authority. Groups that have been working to promote gender equality and fair treatment of women have long regarded marriage law both as a source of social problems and the cause of unfairness and inequality in the domestic life.

Family law is a matter of surpassing importance in Islam, and has been since the time of the Prophet. The law of marriage, divorce and inheritance is treated more thoroughly and in greater detail in the Qur’an than any almost other subject. One of the signal contributions of Islam to seventh century Arabian society was a dramatic improvement in the status of women within marriage. While Islamic doctrines regarding crimes and civil transactions have been replaced by laws modeled after the west in most of the Muslim world, family law continues to be governed by Islam.

The importance of family law within Islam is most often mentioned in connection with efforts to resist changes to classical era doctrines. Conservative rejection of proposals to limit male divorce and polygamy and to equalize male-female inheritance rights is frequently cited as evidence of the central place of family doctrine within Islamic jurisprudence. But concern with marriage and inheritance is not limited to conservative defenders of the received doctrine; family law is also vitally important to Muslims who are committed to reinterpreting or renewing the legal tradition in response to the needs and realities of contemporary life.

Regarding family life, Indonesia has The Compilation of Islamic Law (The Compilation). This Compilation is a code of marriage, inheritance, and charitable foundation rules that was promulgated in 1991as a guide for Indonesia’s Islamic courts. The Compilation was drafted by a committee made up of representatives from the Supreme Court and the Department of Religion, and ratified by an assembly of religious leaders convened by the government for that purpose.

The Compilation should be reformed because it discriminates against women. Again, the Compilation, especially regarding provisions on marriage have explicitly put Indonesian woman as a sexual object and substantiated woman subordinating position in terms of gender relation. Discrimination and inequality can be found in provisions on: definition of marriage, guardian in marriage, witness in marriage, age of marriage, dower of marriage (mahr), marriage registration, nusyuz, rights and responsibilities of spouse, earning livelihood, polygamy, inter-religion marriage, iddah (the waiting period), marriage contract and extra marital children.

In 2004, my team in Ministry of Religious Affairs has proposed The Amendment of the Compilation of Islamic Law in the name of the Counter Legal Draft of the Compilation of Islamic Law (CLD). This CLD differs from previous Indonesian family law, proposals in that the CLD embraces the implications of the Qur’anic commitment to equality and freedom in a thoroughgoing and uncompromising way. The code is constructed on the premise that the realization of the Qur’anic vision of the family can be achieved only if the values of equality and freedom are reflected in all aspects of the formation and regulation of marriage and family. The release of the code should be understood as a contribution and invitation to the ongoing quest to discover the true meaning of Islamic family law for contemporary Indonesian Muslims.

Promoting pluralism and peace building in pluralistic community

Indonesian Muslim community epitomizes a case of exceptional uniqueness. In spite of being designated as the world’s largest Muslim community, Indonesia is not an Islamic State. Such condition came up because the founding fathers of this republic -the majority of whom were Muslim- did not choose Islam as the foundation of the state. Rather, they chose Pancasila as state philosophical foundation and at the same time as the guideline in establishing the state’s political power. Certainly, such a choice was not made without reason nor was an easy thing to do.

Historical record has expressly displayed and born clear witness to the fact that the debate of the founding fathers of Muslim community had torn the group into two severely opposing poles: the nationalists and the Islamists was aggravatingly bitter and tough. The former advocated Pancasila, and the latter wanted Indonesia to be based on the Islamic Ideology. Such heated debate occurred in meetings prior to or in the wake of the Independence Proclamation, especially in the sessions held in the Parliament in the year of 1945. The choice of Pancasila as the foundation on which the state and nation life is based witnesses the victory of nationalistic Muslims. This fact also proves that since the onset Muslim key figures have put into account the importance of maintaining pluralistic and democratic value in shared life as nation in Indonesia.

The choice made was very realistic. There are at least two supporting reasons. First, Indonesia is the home to people of great ethnic diversity, with their respective distinct culture and language, inhabiting thousands of islands in the Nusantara Archipelago, spreading from Sumatera in the western tip to Irian in the most eastern part. Second, since long time ago communities inhabiting the Nusantara Archipelago have been known as religious communities who are willing to accept the arrival of religions originating from outside Nusantara, such as Christian, Islam, Budhism, and Hinduism. The logical consequence of this inclusiveness and of great tolerance, Indonesian society is highly diversified, adhering to different religions, not only to those aforementioned big religions but also to the hundreds of local religions which are generally beyond public cognizance.

The demise of Soeharto after more that three decades in power was followed by unprecedented political freedom, especially for Islamist groups who in the past had been severely restricted in the public sphere. As a result, Islamism flourished in as Muslims were now able to freely express and articulate their ideas in the public domain without fear of reprisals.

There were at least three important implications of the fall of Soeharto and his New Order Regime. First, is the establishment of numerous Islamic political parties that adopted Islam as their foundational basis, thus replacing the Pancasila. Second, is the emergence of Islamist groups throughout the country which considered by many as radical in their actions or ideology (or both), such as the Lasykar Jihad, FPI, Hizbut Tahrir and MMI. Third, is the growing demand for the formal implementation of shari'ah in some regions of Indonesia. Aceh was the first province to demand the application of shari'ah.

The main reason for implementing Shari'ah law throughout Indonesia is that Shari'ah is the most just law since it was revealed by God. The second reason is the failure of secular system. The past experience with Indonesia's legal system has shown that it has brought nothing less than brutality, a lack of justice, and corruption. The Increase in crime in Indonesia is mainly due to the use of secular law and the only solution to this problem is the implementation of Syari'ah law for it creates safety and establishes justice in society. All of this has left Muslim with a desire to see Shari'ah law implemented in Indonesia. The other reason is that the failure of communism and capitalism in the world should pave the way for Islamic law to be introduced in Indonesia.

Some of those Shari'ah law, structurally and specifically exert some rules of conducts on women. Alas, such regulations are not made in the framework of giving protection and empowerment, but rather more on their marginalization and restriction. The Shari'ah law have substantiated woman subordination, restricted women’s ways of personal donning; curbing woman’s activities and maneuver; as well as limiting their activities at night. Explicitly, such Shari'ah law has deprived, if not robbed women of their basic rights and freedom, rendering them as object of law and even worse, of sex. The Shari'ah law which disposed women of their sovereignty and dignity and are highly potential to trigger violence to women must be severely condemned and revised as they run against the honorable basic principles as stipulated in the 1945 Constitution.

A question rises, why does Shari'ah law always single women out as the main targets? The answer is not too far to seek. Most of the Islamist leaders still advocate the idea that women are morality-supporting pillars in society. So that, any efforts made to promote morality in the society must begin from women. This notion runs against the very truth of Islamic teachings, which underline that all Muslims whether be male or female, shall become morality-upholding creatures. Isn’t it true that the real intention of human beings to adhere to certain religions is to build morality which, in Islam, is designated as akhlak karimah (best characters).

Logical consequences of these teachings lead to the conclusion that men and women shall side by side become the morality-supporting agents. There won’t be any long awaited morality-grounded society ever come into being when only women are charged with and held liable for preserving moral values, as has been going on in the society up to this very minutes.

What also seems to be the problem is that the meaning of morality as construed by the Shari'ah law making bodies have been corrupted, deviating from the true sense of the words. Morality is only understood in the narrow sense of the word, only pertaining to norms of proper behavior and decorum and even reduced to merely the issues of female physical appearances.

In fact, what must actually be done is that when striving for the promotion of nation’s morality, the orientation to be adopted shall be more directed to the following endeavors: eradicating corruption which certainly has put the interests of many people at stake and has brought about acute injustice and grave depravity in the society; eliminating illiteracy, eradicating pandemic disease and doing away with drugs and HIV/Aids, wiping out all forms of pornographies, bringing children and woman trafficking to an end as well as abolishing all kinds of inhuman activities. Does the government uphold morality when it sees such crime go uncared?

Regarding this religion radicalism some solutions that have to be done. First, making critical action towards Islamic interpretations that has an extreme sense by look back to the substantive meaning of Islam. The way can also reveal the covered importance behind the interpretation that has burnt the hostility spirit rather than unity. Second, reconstructing religious tradition that put forward the spirit of non-violence, tolerant though enclosed with critical attitude. Third, the government must able to play its role in giving law protection fairly in the social life of society. Therefore, various religious consciousness and religious expression could enrich social discourse and creativity space besides spreading the beauty enchantment rather than the aroma of hostility and violence. On the other words, the government must not be the part that supports religious politicizing through arousing religion symbols that elicit the grudge and the rising of religious radicalism.

I have been being involved in the endeavors to promote pluralism and campaign of the right of religious freedom since 2000 as one of the founders of ICRP (Indonesian Conference on Religion and Peace). This advocacy institution was initiated from the growing of religion-based radicalism and the desire to formalize Islamic law in Indonesia post reformation era. Meanwhile Indonesian constitution and national laws expressly state that the right of religious freedom is a fundamental human right. Government guarantees freedom of religion both as human right and civil right for any citizen. This guarantee is also given by Islam.

As a Muslim woman and as a human being, I must do whatever I can do and give whatever contribution I can make. I do all of these efforts is just for establishing Islamic teachings that compatible with democracy and human rights; campaigning Islamic teachings that friendly women; and last but not least for the birth of a civilization which respects humanity. With however small contributions that I can give, there at some point time in the future I will never repent having lived in this mortal world.

ECONOMIC INTEREST CONFLICT OF MNC IN DEMOCRATIC REPUBLIC OF CONGO WAR: A CASE STUDY ON GLOBAL ETICS DISCOURSE OF HUMAN RIGHTS

noreply@blogger.com (Agus Miswanto) — Fri, 19 Mar 2010 09:34:07 PDT

by Agus Miswanto

A. INTRODUCTION

Almost 20 years, the Democratic Republic of Congo (DRC) has been experienced in deadly civil wars, which of toll death have been claimed over 5.4 million people [1]. Lasting conflict flared up again and again. Many Reports from the zone of conflict illustrated widespread looting, rape and killing of civilian targets. Then, the international community also has struggled to come up with an adequate response to the case, like giving aid, peace keeping force, disarm conflict, and even criticizing the role of multi-national company fueling conflict in the area.

The role of multinational companies in fueling this violence is key issues, due to the immense natural resources in this nation. Moreover, various foreign powers, as well as internal, have sought to gain an advantage from conflict exist in this area. Even, Rwanda and Uganda as neighboring country also involved in deepen and tighten the conflict. Even, both countries were dubbed to have secret agenda regarding of economic interest, especially in terms of resources, diamonds, minerals and other vast rich resources. Therefore, due to the rich resources of DR Congo, the conflict and the rebels had long been successful in setting up financial administrative bodies in their controlled areas, especially with regards to trading with multinational companies, while DR Congo had also been able to finance his side of the conflict [2].

Therefore, this essay would like to describe and to know the discourse the global ethics of MNC conduct in light of human development, human right and human security in which they operates. Then how international community respond the misbehave of MNC, and what have been done to eradicate such condition.

B. CONFLICT IN DEMOCRATIC REPUBLIC OF CONGO AND GLOBAL ECONOMIC INTEREST

Many groups from local and regional could not operate in conflict and warfare without access to international mineral markets. The multinational corporations has significant role and extremely important in conflict trade in the DRC. They are deeply involved in war of economic interest. They supply goods and services and provide market outlets to warring government authorities, rebels and warlords who, without these companies, would have neither the foreign capital to finance a war nor the profit incentive to sustain one.

Multinational companies (MNC) have involved in providing arms and money by paying taxes and licensing fees to rebellions in the DRC. International business has, through its contracts, deals, and provisions, served to finance and sustain these actors involved in the Central African conflict. International companies have also viewed rebel-held territory as de facto sovereign states and used local leaders as conduits for illicit trade. This practice not only violates the right of DRC sovereignty under international law, but has also served to bolster the rebel’s control in certain areas [3].

There are many companies from different countries that operate in DR Congo. For example, American Mineral Fields (AMF) and Afrimax have immense benefits from the conflict in DRC. Since Laurent Kabila’s coup in 1996, American Mineral Fields (AMF), for instances, has started operating in the DRC. The AMF that had link to President Clinton business that had been supporting Kabila to get power, got a billion dollar concession from Kabila to mine copper, cobalt, and zinc. Therefore, American Mineral Fields directly benefited from America’s military and intelligence support for Kabila. It was very clear that America’s support for Kabila was just to get economic interest. Since, after turning over the Mobutu regime by Kabila, North American-based mining companies had access to open up Congo’s vast mineral riches [4].

Furthermore, Afrimex, the U.K. based company, continues to get trading minerals that exacerbates the conflict in the DRC. For this case, Afrimax just considered economic interest, although it has breached guidelines of the Organization for Economic Cooperation and Development (OECD). In South Kivu, Afrimex could control 40 percent of all tin exports, and then it becomes the second largest tin exporter in 2004 and 2005. Afrimex was charged directly contributed to funding armed rebel groups which committed human rights abuses, such as extortion, killing, torture, and forced mass displacement. Because Afrimex has paid taxes annually to the RCDG a $15,000 licensing fee and a percentage of its total value of exports since 1998 [5].

The example of the two multinational companies from US and British involved in conflict describes weakness of international ethics standard in regulating multinational companies [6].The MNC has contribution in violence and atrocities in the DRC, but they never receive any sanction. In 2001, the UN has listed 85 companies that had not achieved and violated international standards of good corporate behavior [7], especially guidelines for the ethical behavior of multinationals established by the Organization for Economic Cooperation and Development (OECD). The report categorized the involvement in violations into two categories, such as provision of direct support to militias including training and equipment; and funding of the war through the acquisition of mineral wealth from areas controlled by rebellions. Corporations from around the world have sought to profit from exploiting the DRC’s natural resources on the cheap – particularly coltan, a mineral used to produce cell phones, laptops and video game consoles.

Furthermore, in 2003, when human rights activist groups reported and charged that many multinational corporations from rich countries have been benefiting from the war and have consolidated “elite networks” of key political, military, and business elites to plunder the Congo’s natural resources, a number of companies and western governments pressured the United Nations panel to omit details of shady business dealings in a report out in October 2003[8].Then after long debate within panel experts in the UN, the UN finally released the report at the end of October 2003, they listed approximately 125 companies and individuals listed that had been named in a previous report by the panel for having contributed directly or indirectly to the conflict in the DRC [9].

In December 2008, the UN has also revealed another report on the new situation of conflict in the DRC. This report describes the continuing of coltan and other minerals flow out of the country. Then money flows in which is used to support the conflict by providing any kind of arm stuff for rebellion groups involved in warfare, such as Forces dumocratiques de libйration du Rwanda (FDLR) and the Coalition of Congolese Patriotic Resistance (PARECO). Both have been charged and accused of using children as soldiers, raping and killing civilians.

The MNC’s operate in conflict areas which benefit from business often hide behind a constructed reason of ignorance. They argue that they are not aware of the origin of the minerals that they get. Therefore, the reason of ignorance is very disgusting. Even the latest UN report proves that MNC are carefully trying to avoid assessment and investigations that shall unveil the truth. Moreover, they refuse to uphold due diligence of their suppliers. It means that they fail to meet basic standards of business ethics. They just achieve the economic interest, but they have no consciousness and awareness of human interest and human ethics. MNC’s are not paving away basic standard to ensure that they are not purchasing conflict minerals, indeed they still continue to exploit Congo’s mineral wealth.

The worst conflict condition in the DRC is also attributable and linked to countries who indirectly contribute to illegal exploitation by failing to do due diligence regarding on origins of imports. Belgium, China, France, Germany, India, Israel, Japan, Lebanon, the Netherlands, Russia, Switzerland, the United Arab Emirates, the United Kingdom, and the United States all receive a substantial amount of minerals from the DRC [10].

C. GLOBAL CORPORATE ETHICS: RESPONSES OF INTERNATIONAL COMUNNITY TO MNC'S ACCOUNTABILTY

Due to the rising of controversies surrounding the operations of MNCs, International community started to make for holding MNCs accountable to human rights standards and for pressuring MNCs to reorient their policies. Due the absence of international regulatory agencies, MNCs have been entirely free to devise their own rules, creating an environment less hospitable or indifferent to human rights. MNCs have an inherent responsibility to provide for their workers and the good of the community as a whole[11]. Even, In light in the rhetoric of social responsibility, many MNC’s cannot and will not apply meet human rights agendas to their operation in developing countries without a set of standards monitoring or enforcing.

Relating to DR Congo cases, Multinational Companies actually have to be responsible for the existing of chaos in the DRC. Many efforts have been conducted to curb and halt MNC do human rights abuses. At the international level, many institutions have spoken out about human rights violations of MNC. They suggest using measures such as reporting mechanisms, certification schemes and cooperative educational initiatives. Although, none of these measures have been directed specifically at the problems facing the DRC, but rather focus on corporate misbehave and misconduct global phenomenon. The proliferation of such measures demonstrates both the importance of this issue and the failure of the international community to arrive at a single, effective solution.

a. The UN Global Compact

The UN Global Compact is an International institution forum which concerns on corporate global ethics. They contribute to increasing expectations of appropriate corporate behavior and advocating awareness on the human rights obligations of businesses and corporation, within both the corporate sphere and the wider community. For example, the UN Global Compact has set the ten principles for corporate behavior which centers on human rights, the environment, labor and anti-corruption[12]. These principles describe the UN Global Compact as a leadership forum and a platform for the development and dissemination of corporate responsibility initiatives. Companies like MNC or TNC, that want to involve and participate have to sign a commitment letter to upholding the Global Compact’s ten principles for their operation.

Nonetheless, this forum does not have an enforcement to push the implementation of the ten principles to its members. Besides to immense of its members, including 4700 companies from 120 countries around the globe, the UN Global Compact just focus on dialogue and suggestion. Therefore, companies are not otherwise required to meet performance standards, they are not subject to oversight, monitoring or reporting. For this situation, the Global Compact has been criticized significantly, because of its failure to exclude MNC or TNC that fail to meet the ten principles.

b. OECD (Organization for Economic Co-operation and Development)

Another great international initiative is done by OECD. OECD has lunched the OECD’s Guidelines for Multinational Enterprises which cover a wide range of areas, such as human rights, requiring companies’ contribution to a country’s economic, social and environmental progress [13]. Different with the Global Compact, the OECD initiative look for partnership with governments to regulate corporate behavior. It is to enforce and adhere countries to have to establish a National Contact Point (NCP). The goal of NCP is responsible for facilitating mutually agreed solutions and promoting corporate responsibility for any problems that occurs in which companies operate.

Furthermore, there are small steps taken by few states toward developing standards of accountability for these multinational companies, such as USA and UK. Especially from the British Parliament and the USA Congress [14], in which both countries have many MNC’s operating in DRC. The British Parliament, for example, will be investigating business and human rights when its Joint Committee on Human Rights convenes. Then, in the United States, few legislators in Congress are pushing the Congo Conflict Minerals Bill, which will require companies selling products to reveal the provenance of their materials and to source minerals from clean mines[15]. Likewise, the bill looks to face significant opposition, since Washington industry lobbyists typically respond to the bill with stubborn resistance. Consequently, it is vital that the wider community demands adequate human rights compliance from companies as they operate abroad.

Unfortunately, due to the flexibility in designing NCP by its members, most countries have failed to ensure that their NCP have capacity to pressure on MNC. Since NCP does not have the status or profile necessary to institute an effective complaints procedure to asses MNC. The US NCP, for instance, looks like mask worn by the Office of Investment Affairs, like window dressing, because it has no separate existence and lacks of an institutional architecture and mechanism. Furthermore, Special Representative of the UN Secretary-General on business and human rights, Professor Ruggie has handled consultations across the world and compiled and measured information on the corporate accountability status from various countries. He has published result of report on the widespread failure of states to ensure that MNC observe human rights and ethical standards[16].

On the contrary, although the United Kingdom has given its NCP more teeth, allowing it to receive and examine evidence and issue public reports on corporate misbehavior, this mechanism still relies on the stigma of bad publicity rather than any judicial remedy. For example, the publicity surrounding the UN reports did little to halt the looting of the DRC such as a British company, Afrimex, had paid money to a rebel group responsible for serious human rights violations. In return, the rebel group allowed Afrimex to extract minerals from mines under its control - mines in which forced labor and life-threatening conditions were present [17].

D. CONCLUSION

Multinational companies have play role in many conflicts, especially in enduring and horrible warfare, such as in DR Congo. They provide finance support for rebellion groups, and the as compensation, they get access to extract mineral from the mining resources. In line of their responsibility, multinational companies’ ovoid to do due diligence regarding on their mineral traded and exploited. They always hide behind the reason of ignorance. In addition, due to the wealth and linkage, they have a powerful lobby to halt any kind of policies regarding their conduct and performance.

In light in corporate global ethics of MNC conduct, International communities have responded in few steps, but they have not power yet to enforce the multinational companies to uphold, respect, and perform based on global ethics standard as basic conduct of MNC. The function of OECD and UN Global Compact just does not have enough teeth to pressure MNC. To have enforcement regarding global ethics toward MNCs, International community has to build coalition against involvement of MNC in conflict situation and call for proactive policy intervention by states and the UN, such as encompassing the state’s responsibility to protect against human rights violations, the general provision of adequate remedies to victims of human rights violations, and the corporate responsibility to respect human rights and operate in accordance with social expectations.

REFERENCES:

Anub Syah, “The Democratic Republic of Congo, March 27, 2008”, in Global Issues, http://www.globalissues.org/article/87/the-democratic-republic-of-congo

Caitlin Dearing, “A Global Approach to Regulating Trade in Conflict Goods in the DRC”, in International Affairs Review, http://www.iar-gwu.org/node/26

Declan Walsh, “UN cuts details of Western profiteers from Congo report”, The Independent, October 27, 2003

Deval Desai and Natalie Zerial, “Conflict without Borders Human Rights, Corporate Accountability, and Multinationals in the Democratic Republic of Congo”, in Harvard International Riview, http://hir.harvard.edu/index.php?page=article&id=1892

Deval Desai and Natalie Zerial, “Conflict without Borders in DR Congo”, in Share the World Resources Sustainable Economic to End Global Poverty, http://www.stwr.org/multinational-corporations/conflict-without-borders-in-the-drc.html

http://hdrstats.undp.org/fr/countries/country_fact_sheets/cty_fs_COD.html)

Organization for Economic and Cooperation Development (OECD), Guidelines for Multinational Enterprises: 2000 Review, http://www.olis.oecd.org/olis/1999doc.nsf/LinkTo/NT00000926/$FILE/02E92396.PDF

UN Security Council, Panel Expert on Illegal exploitation of natural resources and other forms of wealth of of the Democratic Republic of Congo, http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N03/567/36/IMG/N0356736.pdf?OpenElement

United Nation Global Compact, The Ten Principles, http://www.unglobalcompact.org/AbouttheGC/TheTENPrinciples/index.html

ENDNOTES

____________________________________________________________

[1]Chris McGreal, “War in Congo kills 45,000 people each month”, in Guardian.co.uk, Wednesday 23 January 2008 http://www.guardian.co.uk/world/2008/jan/23/congo.international

[2] Anub Syah, The Democratic Republic of Congo, March 27, 2008, http://www.globalissues.org/article/87/the-democratic-republic-of-congo

[3] Anub Syah, The Democratic Republic of Congo, March 27, 2008, http://www.globalissues.org/article/87/the-democratic-republic-of-congo

[4] Caitlin Dearing, “A Global Approach to Regulating Trade in Conflict Goods in the DRC”, in International Affairs Review, http://www.iar-gwu.org/node/26

[5] Caitlin Dearing, “A Global Approach to Regulating Trade in Conflict Goods in the DRC”, in International Affairs Review, http://www.iar-gwu.org/node/26

[6] Foreign-owned Anglo Gold Ashanti has been linked to the Ituri military group, Front Nationaliste et Intégrationiste (FNI), which has committed human rights abuses on a large scale.42 Anvil Mining supplied air and ground transport to the FARDC in October 2004 in response to rebel activity in Kilwa, and the FARDC went on to kill 100 civilians. Caitlin Dearing, “A Global Approach to Regulating Trade in Conflict Goods in the DRC”, in International Affairs Review, http://www.iar-gwu.org/node/26

[7] Chris Talbot, “UN report accuses Western companies of looting Congo, 26 October 2002” in World Socialist Web Site (WSWS), http://www.wsws.org/articles/2002/oct2002/cong-o26.shtml

[8] The Independent, the British newspaper, reported as follows: Last October [2002], the panel accused 85 companies of breaching OECD standards through their business activities. Rape, murder, torture and other human rights abuses followed the scramble to exploit Congo’s wealth after war exploded in 1998.

For example the trade in coltan, a rare mineral used in computers and mobile phones, had social effects “akin to slavery”, the panel said. But no Western government had investigated the companies alleged to have links with such abuses. Some, including ones from the UK, US, Belgium and Germany, had lobbied to have their companies’ names cleared from the “list of shame”.

“Many governments overtly or covertly exerted pressure on the panel and the Security Council to exonerate their companies,” Ms Feeney said. Some companies gave legitimate explanations for their business in Congo, or pulled out. But lawyers for others challenge the panel’s findings, often capitalizing on errors in earlier reports as proof of unreliability.

In the report this week, the cases against 48 companies are “resolved” and requiring “no further action”. Declan Walsh, UN cuts details of Western profiteers from Congo report, The Independent, October 27, 2003

[9] UN Security Council, Panel Expert on Illegal exploitation of natural resources and other forms of wealth of of the Democratic Republic of Congo, http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N03/567/36/IMG/N0356736.pdf?OpenElement. Other companies, the report noted, may not have been directly linked to conflict, but had more indirect ties to the main protagonists. Such companies benefited from the chaotic environment in the DRC. For example, they would obtain concessions or contracts from the DRC on terms that were more favorable than they might receive in countries where there was peace and stability. Anub Syah, The Democratic Republic of Congo, March 27, 2008, http://www.globalissues.org/article/87/the-democratic-republic-of-congo

[10] Caitlin Dearing, “A Global Approach to Regulating Trade in Conflict Goods in the DRC”, in International Affairs Review, http://www.iar-gwu.org/node/26

[11] Mahmood Monshipouri et al, “Multinational Corporations and the Ethics of Global Responsibility: Problems and Possibilities”, in HUMAN RIGHTS QUARTERLY, Johns Hopkins University Press, 2003, Vol.25, p. 987 http://muse.jhu.edu/journals/human_rights_quarterly/v025/25.4monshipouri.html

[12] http://www.unglobalcompact.org/AbouttheGC/TheTENPrinciples/index.html

[13] Organization for Economic Cooperation of Development (OECD), “Guidelines for Multinational Enterprises: 2000 in Review”, in OECD, http://www.olis.oecd.org/olis/1999doc.nsf/LinkTo/NT00000926/$FILE/02E92396.PDF

[14] Global Witness, “The U.S. role in addressing complicity of companies in human rights abuses in conflict areas” Briefing Document – 03/10/2008, http://www.globalwitness.org/media_library_detail.php/669/en/the_u.s._role_in_addressing_complicity_of_companie

[15] Danielle Knight, “Congo-Kinshasa: U.S. Congress Moving to Track 'Conflict Minerals'”, in All Africa Com 15 May 2009, http://allafrica.com/stories/200905150866.html

[16] Deval Desai and Natalie Zerial, Conflict without Borders in the DRC, http://www.stwr.org/multinational-corporations/conflict-without-borders-in-the-drc.html, and also see Deval Desai and Natalie Zerial, “Conflict without Borders Human Rights, Corporate Accountability, and Multinationals in the Democratic Republic of Congo”, in Harvard International Review, http://hir.harvard.edu/index.php?page=article&id=1892

[17] Deval Desai and Natalie Zerial, Conflict without Borders in the DRC, http://www.stwr.org/multinational-corporations/conflict-without-borders-in-the-drc.html, and also see Deval Desai and Natalie Zerial, “Conflict without Borders Human Rights, Corporate Accountability, and Multinationals in the Democratic Republic of Congo”, in Harvard International Riview, http://hir.harvard.edu/index.php?page=article&id=1892

EFFECT OF THE GLOBAL POLITICS ON CHILDREN’S RIGHT: A CASE STUDY ON THE US OCCUPATION IN IRAQ

noreply@blogger.com (Agus Miswanto) — Fri, 19 Mar 2010 03:44:28 PDT

By Agus Miswanto

A. INTRODUCTION

Global politic significantly determines situation and condition in the world today. Cases occurring in certain areas of the world are not only caused by the single factor from local actors, but also dominantly influenced by global interest. Many wars and arm conflicts in the world, such as in Iraq and Afghanistan, relate bindingly to the US policies. It means that policies such as economy or politics are released by the super power country, like the US will affect others globally.

Global politics played by the US vis-a-vis the children’s rights is very interesting discourse. Since declining of human right condition of children, especially in Iraq, is directly relating to and depending on the global politics of the US (IRIN Report, 2004). Therefore this paper will find out the effect of the US occupation on children rights in Iraq.

B. GLOBAL POLITICS OF US AND CHILDREN’ RIGHT

The US propaganda on the war in Iraq was always concerning to human right issues and mass destructive weapon belonging to Saddam Husein government. The issues were falsehood and fabricated to make legitimized action against Iraq. Meyssan in his article ‘Five Years of Preparations: The Secret Planning of Iraq’s Colonization’, said: “Actually, there were no weapons of mass destruction to confiscate in Iraq; overthrowing a tyrant to colonize a country is not a liberating mission and the world was not in danger”, (Meyssan, 2005). Even, Freeman said that “the 2003 war in Iraq might be said cited as an example of the use of human rights to legitimate political expansionism”, (Freeman, 2008). The fabricating falsehood facts by the US government were deliberately to ease the capture of the international support, especially from the main allies like Britain, Germany, and France.

However, the motivation of the US occupation in Iraq is to win secret agenda, especially economic interest of neo liberal, (Juhazs, 2007). It is clear that the war operation had been prepared for five years before implemented’, said Meyssan. According to Meyssan (2005) that Bush family and their supporters from economic and military empire were to attain certain objectives from overthrowing of Saddam Hussein, especially to control access to oil resources. In this case that Harvey’s The New Imperialism analysis on Imperialism based in the US hegemony is accounted. Harvey said that accumulation by dispossession is characteristic of the US neo-liberal. In Hout term, It was …”an attempt to essentially ‘roll back the clock’ to an earlier time of imperialist plundering of the planet, its peoples and its resources or accumulation by dispossession”, (Hout, 2009).

To win behind agenda such as economic or politics, it seems making deaf and blind of the US government toward provision of human rights standard. The US uses human right issues to beat and defeat its enemies, although the US itself always distorts the real fact and manipulates it. The US always blames other counties as evil axis plundering and violating human rights, but at the same time the US government use force and violent politic to the rest country affecting vulnerable people, like children and women.

Children are mostly victims from any kind of destructive policies, like war, arm conflict, and occupation. The children are mostly ignorant and absent in consideration of any action by policy makers like US government. Although it is definitely clear that the Convention on the Rights of the Children asserts in article 3: “In all actions concerning children … the best interests of the child shall be a primary consideration”, on behalf of its own interests and agendas, the US government ignored the provision of the children’s right.

C. EFFECT OF THE US OCCUPATION ON THE IRAQI CHILDREN

The US occupation in Iraq has definitely affected children in worst condition and situation. They live under pressure of the US army and lack of security, food, electricity, education and freedom. Even they have to experience death vulnerable because of bomb blasting or gun shooting whenever and wherever. The US occupation has made disastrous of Iraqis children in anyways. Based on a study by the UN ILCS, it was found that life condition in Iraq has declined significantly since U.S occupation took place in the country. The majority of Iraqi children have suffered the result of this humanitarian tragedy, (Hassan, 2005).

According to UNICEF that children rights are divided into three categories: provision /Survival and development rights , Protection rights , and Participation rights .

1. Provision/Survival and development rights

The provision or survival and development rights means that children have rights to get adequate food, shelter, clean water, education, health care, leisure and recreation, and also information about their rights. These rights require not only the existence of the means to fulfill the rights but also access to them. The Convention on the rights of the children article 6, 24 and 27, asserts respectively: “… every child has the inherent right to life … survival and development ...”; “All children have the right to the highest attainable standard of health … primary health care … nutritious foods and clean drinking-water”; “Every child has the right to a standard of living adequate for physical, mental, spiritual, moral and social development”, (UNICEF)

During the US occupation in Iraq, most of Iraqis children could not go to school. Hassan in his article ‘Living Conditions in Iraq: A Criminal Tragedy’ said that the rate of literacy of youngsters, between the ages of 15 and 24, is just 74 per cent, is lower than that for those 25-34. It is indicating that the younger generation experienced education backward comparing to the elders. Even over 70 per cent, males are going to work to support their families and have neglected their education at all, (Hassan, 2005).It was contrary with the condition before occupation. Based on the UNICEF report, in 2003, that the education in Iraq was high and good standard which staffed by the best educators. Then, the enrolment for children was over 100% Gross Enrolment Rate for primary schooling and high levels of literacy. Even prior to 1990s, Iraqis government had a successful program to eradicate illiteracy among Iraqi men and women.

Moreover, in the health cases, majority of Iraqis children under occupation severed any kind of diseases because of lacking of health facilities. A number of thousands of children since the attending of the occupation in March 2003 have not got vaccinations, and routine immunization in the country. Destroyed health facilities were no possibility to restore vaccines, besides inadequate supply of medicine occurred there. Then Iraqi children of the ages between the ages of six months and 5 years experienced worst malnutrition. It increased from 4% before the invasion to 7.7% since the US invasion of Iraq. It means that Iraqi children were living much better by 3.7% under the regime of Saddam Hussein than under the US imperialism, (Hassan, 2005).

2. Protection Rights

Children have rights to get protection from any kind of torture, attack, violation affecting injury, death and psychological disaster as long as they grow up. It is asserted clearly in the Convention on the Rights of the Children article 6, 16, 19, and 37 respectively, “… every child has the inherent right to life … survival and development ….”; “No child shall be subjected to arbitrary or unlawful interference with his or her privacy … nor to unlawful attacks on his or her honour and reputation”; “Children must be protected from … injury or abuse … , while in the care of parents … or any other person….”; “No child should be subjected to torture or … degrading treatment [nor be] deprived of his or her liberty unlawfully ...”, (UNICEF)

As long as the US occupation in Iraq, most of children had never gotten protection their rights. Even they became victims, severed several diseases, wound, death, and physical disability. One study shows that U.S. Army forces in Iraq have killed more than 100,000 civilians between March 2003 and October 2004, the great majority of them are women and children. Even it excludes Fallujah, the highest death toll areas in Iraq. According to the UN ILCS study reveals that the number of 24,000 Iraqis, 12 per cent of them children under the age of 18 years old, died as a result of the U.S invasion in the first year of occupation, (Hassan, 2005).

3. Participation Rights

Before occupation, children in Iraq were active in many activities like in schools, sport club, and organizations, but after occupation all activities that they have before were close to them. They cannot participate freely in such activities again as before, because major Iraqi children today have lived their whole lives under sanctions and war. They only can move and play in limited areas, since they fear randomly worst incident that sometime happen, like bomb blasting and gun shooting. Since there is no guarantee in their out activities, they prefer to live in home with their family. They have no chance to play and even participate in certain organisation with their friends and fellows.

In article 15 and 16 of the Convention on the rights of the children, it is clearly said that ...”Children have the right to meet together and to join groups and organizations ...”; “Children have a right to privacy. The law should protect them from attacks against their way of life, their good name, their families and their homes” (UNICEF).

D. CONCLUSION

The global politics especially played by the US government determine adequately the condition of human rights globally. The expansive imperialist state like the US always deteriorates human rights condition in everywhere. The US government justified any action with fraud and falsehood, like mass destructive weapon of the Iraqi government. Therefore the US government actually does not have respect toward human right provision; the US government only wants to attain its own interest goals especially economic and politic of neoliberal.

The US-occupation in Iraq has violated the Iraqi children rights. The Iraqi children do not have Survival and development rights, protection rights and freedom of participation in many aspects. They are hopeless, since their future has been plundered by the occupation and invasion. Therefore the US government has responsibility to relieve and guarantee them in getting better condition. In Handbook For Parliamentarians N° 7 detailed that the Fourth Geneva Convention enforced obligation rights of children in occupied areas, such as “the occupying forces must take steps in cooperation with the local and national authorities to protect the identity and family relations of children and give an adequate effort of all institutions devoted to the care and education of children”, (UNICEF, 2004)

REFERENCES

Antonia Juhazs, Spoils of War: Oil, the U.S.-Middle East Free Trade Area and the Bush Agenda, http://skeptically.org/wars/id23.html (accessed on Sunday, October 25, 2009)

David Harvey, The New Imperialism, UK: Oxford University Press, 2003. http://www.amazon.com/Imperialism-Clarendon-Lectures-Geography-Environmental/dp/0199264317#reader_0199264317 (accessed on sundey, October 25, 2009)

Ghali Hassan, Living Conditions in Iraq: A Criminal Tragedy, http://www.globalresearch.ca/articles/HAS506A.html, (accessed on Sunday, October 25, 2009)

IRIN, IRAQ: Children's rights in dire need of attention – UNICEF, http://www.irinnews.org/report.aspx?reportid=24107, (accessed on Monday, October 26, 2009)

Michael Freeman, “Human Rights” in Peter Burnell and Vicky Randall, Politics in the Developing World, Second edition, UK: Oxford University Press, 2008.

Shannon Love , 2005, ILCS vs LIMS, http://chicagoboyz.net/archives/003153.html, (accessed on Sunday, October 25, 2009)

Thierry Meyssan, Five Years of Preparations: The Secret Planning of Iraq’s Colonization, http://www.voltairenet.org/article30078.html#article30078, (accessed on Sunday, October 25, 2009)

Thierry Meyssan, the big lie: the investigation-book on the biggest manipulation in history, http://www.effroyable-imposture.net/sommaire-en.php, (accessed on Sunday, October 25, 2009)

UN Children's Fund (UNICEF), Child Protection: A Handbook for Parliamentarians, 2004, No. 7, available at: http://www.unhcr.org/refworld/docid/4a54bc000.html [accessed 26 October 2009]

UNICEF, Convention on the Rights of the Child, http://www.unicef.org/crc/index_30177.html, (accessed on Monday, October 26, 2009)

Wikipedia, Children's rights, http://en.wikipedia.org/wiki/Children's_rights, (accessed on Sunday, October 25, 2009)

Wil Hout, Global Politics Of Development: Democracy, Conflict And Rights Lecture Notes - Powerpoint Presentation file, Institute of social studies Erasmus, http://moodle.iss.nl/course/view.php?id=212, (accessed on Sunday, October 25, 2009)

World Lingo, Lancet surveys of Iraq War casualties, http://www.worldlingo.com/ma/enwiki/en/Lancet_surveys_of_Iraq_War_casualties/22#, (accessed on Sunday, October 25, 2009)

Endnotes:

OBSTACLES OF RELIGIOUS FREEDOM IN INDONESIA

noreply@blogger.com (Agus Miswanto) — Fri, 19 Mar 2010 03:44:03 PDT

By Agus Miswanto

Nowadays, Indonesia still faces problems to conduct a difference in religious expression. Sometimes it becomes a serious problem throughout the country. Since it can split the unity of the country, and it pulls the country into grassroots’ religious conflicts. Therefore, there must be more serious and strategic effort from the government and all components of the nation. This essay will point out some obstacles of religious expression freedom, and will find solutions for this case.

Indonesia is a home of diversity, and at least, there are six religions and numbers of belifes officelly acknowledged by the constitution. Unfortunately, the diversity sometimes become crucial and critical issues among groups of citizen. I identify the diversity of religion and beliefs and found its problem at least four factors:

First, the religious group does not have a certain mechanism to protect people from violence, even it supports the radicalism. Moreover the religious group can not control and prevent its followers from violence and breaking the religious freedom. In Indonesia there are many religious groups, and it has a number of followers spreading throughout the country. Although its leaders always give guidance and spiritual ethics to their followers, the leaders can not convince certainly their followers to not offend and act crackdown others. Since the guidance sometimes does not function effectively and mostly does not reach to the followers in the grass roots. For example, Muhammadiyah and NU have launched a peace building through multiculturalism and religious pluralism discourse, but the discourse spread limitedly in elite groups, and it never reach to the grass roots. Therefore, many followers of Muhammadiyah and NU do not understand about multiculturalism and religious pluralism, even they reject it as religious anomaly. The situation will become worse, when the groups can not consolidate their organization as well as their followers. Therefore, religious leaders must be pro active to explain policy clearly, so the followers understand what the organization wants. Beside that, religious leaders must reorganize the organization to actualize more effective instrument throughout their followers, not just an organization symbol.

Following a falling the New Order in 1998, there were many religious movements popping up throughout the country. Beside there were many moderate movements, there were many radical movements as well. The radical religious movements groups have a narrow minded and rigid in interpretation to religious texts. They do not want to receive other interpretations and open mind to other believes. There fore, they threat religious freedom, and offend others accused as not true believe. They involve in crackdown on the name of religious command. They justify what their doing relates to the religious ethics, although they destroy many public and private facilities. Those groups included Islamic Defender Front, Jamaah Islamiyah, NII, and Majelis Mujahidin Indonesia. These group do not have a reluctant to what their doing, even they associate what their doing as true believe. From these situations, moderate groups like Muhammadiyah, NU, and others must build coalition to strengthen the civil society defending from extreme and radical views. They must pay more attention to the strategic propagations to halt the infiltration of the extreme ideology.

Second, law enforcement and government will are very weak to protect people from abuse of religious freedom. Religious Affairs Department as the government officer does not give much more protection to people, even it involves in many cases of rising religious violence in Indonesia. The recent case that the government could not protect the religious freedom was the government involved in banning to Ahmadiyah. The government does not processed cases of religious violence thoroughly and fast. Even it neglects it, for example sealed synagogue case in east Java, destroyed mosque and church. Based on the annually report revealed by the Wahid Institute, during 2008 the constitutional preserve on the freedom of religion and believe for individual rights of citizen as non-derogable right still have a treath from offenders in implementation. Many cases of pluralism contra such as offender rights, violence, and conflict popping up have not been conducted and finished yet properly. Those happened, beside the religious identical enthusiasm apparent in the certain groups that intend to offend others that have different views and religious interpretations, and also the government does not have obvious mechanism and weakness of law enforcement, either central government or regional government.

Third, the political situation sometimes exacerbates a religious violence. Political dispute issues in many regions pull religious conflicts and it can booster deep conflict among the people. Although political parties and religion tend to the different arena, both can collaborate in such issues. The fact, religious symbol in many cases of campaign is used to interest the voters, and to manipulate people consciousness. In the same case, religious symbol also is used to make riots among the society and the proprietor of interest will take the advantage from an unstable situation. In this case, we take an example from the case of Gus Dur resigning from his presidency. When Gus Dur received the impeachment from the parliamentary house, his few followers of NU clerics used the Islamic Law term “bughat” - illegal disloyal people to him - to who declined him from his occupation. On behalf of the religious name, His followers did crackdown and riots in many areas throughout the country, and many of them revealed an edict that Amin Rais blood was lawful. It means that political interest playing with religious symbol to take the advantage from the situation is not wise and very dangerous. From this case, we can take the lesson that politicians, political parties, religious leaders and the government must be careful to take religious symbol as political interest getter carelessly.

Fourth, the economic gap between the have and the poor allows setting up religious conflict that can worsen abuse of religious freedom. The poverty belongs to people in many areas sometimes tending to social jealousy, and it can provoke religious sentiment to other people. It can be seriously dangerous for the unity of community and nation. Many conflicts in many areas in Indonesia most of them were caused by this case. The riots of May 1998 in the end of the New Order power, one of reason was caused by the social jealousy to the economic gab between the have and the poor. The main issue of the new order falling was economic crises and socio-economic injustice. Furthermore the main issues aroused other issues such as racial and religion. We can infer to another conflict a few years ago such as Moluccas Island conflict was also caused by the socio-economic jealousy. It was because the immigrant residents lives more prosperous than the local resident. The consequence of economics boom and trade in 1980's-1997,s stimulated growth of economic wealth among immigrants significantly. Most of them operate in econimic trade and market in Maluccas Island, meanwhile local people preferd to seek job as civil servant or as farmers. The immigrant mostly as Muslim commonly comes from Makasar, Java, and other regions. The condition stimulates the local residents an enmity and hostilities to the immigrant resident. Furthermore, the jealousy of socio-economic condition tends to the religious conflict between Muslim and Christian people rampantly throughout the Island. It means that the socio-economic justice and prosperity can not be neglected to sustain the religious expression freedom.

To conclude this essay, the freedom of religious expression is still a real challenge for Indonesian. Therefore, religious leaders must be more active to stimulate a religious opened-mind of their followers to others. then they have challanging chance to build an instrument to prevent and stop some religious violence’s. Then, the government must conduct a religious conflict wisely, and it must not reveal some verdicts that exacerbate abuse of religious expression. Lastly, the government must pay more attention to cultivate a prosperity and economic justice among the society. therefore, the development of economic must not concentrate in certain region and certain elit people, but economic policies have to be implemented based on equality and transparacy.

RETHINKING OF IMPERIALISM AND COLONIALISM OVER THE THIRD WORLD: A MODERNISATION THEORY PERSPECTIVE

noreply@blogger.com (Agus Miswanto) — Fri, 19 Mar 2010 03:43:30 PDT

By Agus Miswanto

Colonialism and imperialism always connotes negative image. Both are associated with exploitation and plundering wealth of third world as result of occupation of the colonized world by European countries. Moreover the colonizers are dubbed as trouble makers of many problems took place in the third world. Although negative image of colonialism is inevitable, colonialism and imperialism also had positive impact in the progress of development. This essay would like to figure out positive impact of colonialism and imperialism in the development based on modernization theory.

Colonialism and imperialism connected and extended process of development in the society, even European countries as colonizers and the third countries as colonized. In the process of development, society has to step over many stages to achieve progress of development. Based on modernization theory, it presupposes that people have stages in their life and they have to undergo and step in the process in achieving of development progress. August Comte, for example, divides human development based on the knowledge into three elements such as theology stage, metaphysics stage, and positivism stage, in which each stage figures out the condition and situation of human in having knowledge and using it for solving of life problem (L. Archie and J.G. Archie , Pg. 303-309). Moreover, W. W. Rostow also assumes that the economic development of human being needs five process to be more progressed such as traditional society, pre condition for takeoff, take off, maturity, and high mass consumption. In each stage describes certain condition of development and progress. Furthermore, in political aspect, Almond (1960) in his book “the politic of the developing Areas” also believes that every society has to cross stages of political process step by step. According to him that political systems is on the basis of stages of modernisation ether more or less modern or traditional, and he assumes that there is a process of development , for example the condition of social and politics move from one stage to another; from less to more modern.

Based on the perspective of modernization theory, colonialism and imperialism gave contribution in the development processes in the world. Both carried a progress condition in the development, even for European as colonizers or the colonized countries. For European, imperialism and colonialism has contributed to development at least in three fundamental sectors such as Glory, Gold, and Gospel (3G) (Bernstein, 2000). First, the colonialism of European Countries to the rest of the world needed military force and political power to win and rule. Since, they had to face the resistance from the rulers of indigenous people. Therefore, the development and expansion in political power and military force were inevitable condition. Moreover, the bigger the military force of the countries, the bigger and the larger the colonial areas, such as Spain, Britain, France, Portugal, and the Netherlands. Second, colonialism and imperialism benefited European countries in economy (gold). They accumulated the wealth from the colonized country through the exploiting of mine, plantation, and mercantilism. Third, colonialism also benefited the growth of Christianity in the world. The expansion of European to the rest areas contributed the growing numbers of Christianity followers significantly. Since, the number of the indigenous people was interested and attracted with the way of life of colonizers. Therefore, the Christianity spread and covered almost whole continents and islands of the world in which colonialism took place.

For the colonized countries, imperialism and colonialism also contributed in the development. First, colonialism opened the isolation of the colonized countries, in which people can get contact and relationship from the outsiders. Such openness situation coined positive way in the life of people; they can get many advantages, like sharing knowledge, practical life and culture. Since, the colonizer did not only take the wealth from the colonized country, but they also brought many kind of technology in development of infrastructure into the colonized country such as roads, factories, plantation, and buildings. Moreover, the colonizer also built and opened limited school and education institution to educate people and to fulfill the needs of labour in many factories and plantation. Thus, the new ways of life opened mind of the people toward new world, the development. Second, colonialism also contributed the assertiveness and reinventing culture and civilization of indigenous people. For example, the effort of heritage excavation of past civilization by the colonizer, like old temples, ruin buildings, and manuscripts reminded the society to value and reinvent their own culture and civilization. Furthermore, reinventing of the past culture and civilization built consciousness of nationalism and nation identity among the people. Finding the past heritage inspired people to desire to live under their own government and state based on their own culture and their own identity. For example, the Excavation and discovery of Borobudur Temple in Java by the Dutch Government inspired Indonesian people to define past victory of ancestors to reappear in the present life. Thus, the past history is like a basket of nationalism awareness for the people to struggle against the occupation and rule their own country.

To conclude, the modernization theory gives people a discourse to perceive colonialism and imperialism in positive sphere. Both, according to the theory of modernization, had contribution in the progress of development. It was pointed not only for European countries as colonizers like military victory, accumulation of the wealth and expansion of religious ideology of the west, but also for the colonized country such as openness and consciousness of nationalism. Nonetheless, the theory also has been criticized by other theories like Globalization theory, post development theory, and post colonial theory.

BIBLIOGRAPHY

Lee Archie and John G. Archie, Reading for Philosophical Inquiry : A Brief Introduction to Philosophical Thinking ver.0.21, An Open Source Reader 2004, (http://philosophy.lander.edu/intro/introbook.pdf)

Rostow, W.W. (1960), The Stages of Economic Growth: A Non-Communist Manifesto. Cambridge: Cambridge University Press, 1960.

Henry Bernstein, “Colonialism, Capitalism, Development “, Tim Allen and Alan Thomas, Poverty and Development into Twenty First Century, Oxford: Oxford University Press, 2000

Gabriel L. Almond and James L. Coleman, The Politics of the Developing Areas, Princeton: Princeton University Press, 1960

THE DEVELOPMENT OF HUMAN RIGHTS IN ISLAM: THE CONCEPT AND THE REAL CHALLENGE

noreply@blogger.com (Agus Miswanto) — Thu, 17 Jun 2010 01:13:27 PDT

By Agus Miswanto

A. INTRODUCTION

Human rights are fundamental issues in the modern era, since it is the measuring instrument of the well being for all society. Therefore, every nation, society, individually, or communally should comply with the requirements of human rights standard. Otherwise, in Moslem Society, human rights still become mainstream discourse today. There are many perspectives on this issues, so there are many cons and pros among Moslems. On one hand, they are in group which contra against human rights also they rely their arguments on Islamic views. On the Other hand, they are in group that they agree, they also rely their argumant on Islamic perspective.

Debates on human rights in Islam are unovoidable, because of the diversed perspective within Islamic Scholars. If we roote it, the existence of diversity in Islamic way of thinking, there are ranging from traditionalism, conservatism, modernism, revivalism, to liberalism. Therefore, debates on human rights in Islam are also very hard, and some times it is ununderstandable.

Here, our discussion does not focus on its debates, but it will mark on Islamic effort in early islamic period, that has considered human rights developmentas as the basis of Moslem livelihood. Even many scholars of Islamic Jurists has described human rights as the divine message in Qur’an and Sunna to be the very goal of Shari’ah. I think today, that is very important how to be more aware and consious in implementation of human rights wthin society. Because between the concept and implementation some times is far and very the real challenge.

B. THE CONCEPT OF HUMAN RIGHTS IN THE EARLY ISLAMIC PERIOD AND THE ISLAMIC LITERATURE

Historically, Islam has recorded a great treasury of human rights (al-huquq al-insaniyah) development and achievement whose its sources are either from Holy Qur’an commentaries (tafsir), theology (tauhid), jurisprudence (fiqh), history (tarikh), or civics (tsaqafah). From the history of Muslim society, we find a well-known document called The Madinah Charter (Mitsaq Madinah) ruled the rights and responsibilities of tribes, followers of religions and beliefs into a system bond which called Madinah state, later as the basic of nation state concept. The farewell preach (khutbah wada’) conducted by the Prophet Muhammad at Arafah also contained messages of honour on basic rights of human to all tribes, ethnics, and nations. Freedom of conscience and freedom of speech have never been denied by the Qur’an or the Prophet. The Prophet never suppressed individual freedom or discouraged differences of opinion. He even said that differences of opinion in the Islamic ummah were a matter of grace and mercy.

Moreover, since the twelfth century the result of reasoning from ulama (ijtihad) has also recorded discourses on political power balance (siyasah) that develop normative standard for basic rights of citizens. Even, the term “Tasyaraf al-imam ‘ala ar-ru’yah manuthun bi al-maslahah” is very popular among Muslim scholars in many countries. The term briefly explains that leaders make and release the policy over their people should focus on public interest orientation. It gives a signal that the achievement of Islamic discourse on human rights has developed and popped up rampantly.

Furthermore, the discourse of human rights in Islamic literature coincided with the goal of syariah discourse. The ulama suggested that public interest became a normative standard of the goals of syariah (maqasyid as-syari’ah). In its development, Muslim society elaborated and enacted al kuliyyat al-khams or ad-dharurat al-khams (five pillars of protecting the basic rights of humans) as the pathway to the public interest. The five is to protect the religion (hifz ad-din) including the rights of freedom of religion, to protect human life (hifz an-nafs) including the rights to live and rights to determine his/her future independently, to protect the mind (hifz al-‘aql) including the rights of freedom of expression and getting the information, to protect the family (hifz an-nasl) including rights to get married, to get a health reproduction and have a child, to protect the wealth or properties (hifz al-mal) including the rights of having a property. The concept was developed by Hujjatul Islam, Abu Hamid al Ghazali (505H/1111), and it was elaborated and supplemented clearly and completely by Abu Ishaq as-syatibi (790 H/1388).

The Islamic law, as mentioned before, secures and develops human personality in five main areas: life, family, mind, faith, and property. Furthermore, the human rights covered by these five areas include the collective rights of groups and peoples as well as the rights of individuals; political and social rights have their place side by side. A collective effort to defend the powerless and the oppressed against a powerful oppressor is an essential Islamic obligation. Every right is considered a responsibility and an obligation. In addition to human rights being considered a collective responsibility of the Ummah (the Muslim people as a group) and the authorities, every holder of a right must also struggle for himself/herself to obtain, maintain, and enjoy this right.

In the modern era, the peak of achievement in human rights happened when the Islamic world grouped in OIC (the Organization of Islamic Conference) succeeded to hold a conference and declared the Universal Islamic Declaration of Human Rights (UIDHR) in Paris, September 19, 1981. Ten years later, 1990, the OIC declared the UIDHR again in Cairo, Egypt. Fundamentally, the UIDHR is parallel to the UDHR (the Universal Declaration of Human Rights) adopted and proclaimed by the United Nations in 1948. The UIDHR contained the basic rights of human beings as follows:

1. Right to Life

2. Right to Freedom

3. Right to Equality and Prohibition against Impermissible Discrimination

4. Right to Justice

5. Right to Fair Trial

6. Right to Protection against Abuse of Power

7. Right to Protection against Torture

8. Right to Protection of Honour and Reputation

9. Right to Asylum

10. Rights of Minorities

11. Right and Obligation to Participate in the Conduct and Management of Public Affairs

12. Right to Freedom of Belief, Thought, and Speech

13. Right to Freedom of Religion

14. Right to Free Association

15. The Economic Order and the Rights Evolving There from

16. Right to Protection of Property

17. Status and Dignity of Workers

18. Right to Social Security

19. Right to Found a Family and Related Matters

20. Rights of Married Women

21. Right to Education

22. Right of Privacy

23. Right to Freedom of Movement and Residence

The Cairo declaration, 1990, was followed by many declarations and conferences. One of them relating to the education was Dakar Declaration on Education for All, April 2000. In the Dakar declaration, the quality of education for women, children, youth, and adults was addressed as prime priority policies and avoided the barriers of their active participation in. Any kind of stereotype in education based on the discrimination, such as gender, race, language, minority, and others should be avoided and eradicated.

Unfortunately, theses concepts still are unfully implemented among Moslem countries. Futhermore, there are many Moslem countries that dont comply human rights standards, they justify this condition because of the different values between islamic human rights and western human rights standards. They still retains the barrier of the implementation of human rights, then the violation and torture over society still become the daily phenomenon.

C. THREATS AND CHALLENGES OF HUMAN RIGHTS

Although human rights have developed a good achievement in early of Islamic period and many literatures, in the real world it undergoes distorted and is reduced far from the sight of Qur’anic and Sunnatic spirit. Many practical illustrations from the number of historical context denote abuses of the human rights. The following explanations illustrate the threat and violence toward the human rights, and challenges for the future in development of human rights in Islamic world.

Individual rights are fundamental to the functions of democracy. In fact, the concept of individual rights or human rights has evolved along with the evolution of democratic power structures. As long as the prophet and his companions lived and ruled, the honour of human rights ran well and accordingly to the sight of quranic and sunnatic spirit. On the contrary, with the evolution of feudal and monarchical culture, differences of opinion were not permitted and were ruthlessly suppressed. During the early Abbasid period, a controversy raged whether the Qur’an was created or is coeternal with God. The Abbasid who supported the Mu’tazilah viewpoint that the Qur’an was created forcibly suppressed the other point of view that the Qur'an is coeternal with God and flogged a person of the stature of Imam Abu Hanifa for holding a contrary view. The unchanged authoritarian culture remains in many Muslim countries today. Many Islamic scholars had to leave Egypt, Pakistan, and other Muslim countries for western universities.

There is no fully fledged democracy in any Muslim countries, so there is little respect for the concept of individual rights. Indeed, many authoritarian rulers in Muslim countries reject the very concept of human rights denouncing them as western and secular ideas in origin. Human rights activists in some Muslim countries, such as Saudi Arabia and Egypt are dubbed as western agents, persecuted and thrown into jail. Anyone who holds a different political opinion faces persecution. Some who advocate changes in the Shari’ah laws in the light of changed conditions, or attempt to reconceptualize Islamic philosophical doctrine, face severe persecution. There is little respect for individual rights and individual dignity. Full respect for individual rights and dignity are only possible under a fully democratic system. For that there is a basic need for a democratic policy.

The suppression of free speech and freedom of conscience go hand-in-hand with the suppression of freedom of inquiry. It is for this reason that no Muslim country today has a strong tradition in the social or physical sciences. For the sciences to flourish one, it needs a liberal democratic culture. Muslim countries will remain far behind in these fields if their authoritarian power structures are not demolished and replaced with democratic ones. Unfortunately, there is no such movement in sight. The United States has always propped up corrupt and authoritarian rulers in the Middle East who suppress freedom of expression and many of these countries remain totally dependent on the West. They cannot develop even to the extent that India has developed. No Muslim country can boast of any modern scientific discovery.

D. CONCLUSION

In the conclusion, the good concept of human rights is not always parallel to the practical action conducted by the Muslims. Even, violation of human rights is mostly occurred in the Muslim world. Although the abuse of human rights is clearly strickly prohibited in Islam, many Muslims individually or collectively usually seek religious argument to make up their fault the right one. Therefore, it needs more time and more efforts to enforce human rights rules in the Muslim world.

Wallah 'a'lamu bi sawab.

THE REASONS FOR MOSLEMS ENACT HUMAN RIGHTS TODAY

noreply@blogger.com (Agus Miswanto) — Fri, 19 Mar 2010 03:42:52 PDT

By Agus Miswanto

Nowadays, human rights become the fundamental issues in the whole of the world. All the countries, organizations, people individually or in group must obey and comply the requirements of human rights standard internationally. Therefore, if there is any group which does not dealt with the human rights, it will get consequences in international relationship. In this case, I want to discus why the Muslim people must enact human rights in their life. It is very important because there are many opinions that human rights do not fit and proper to Islamic values. Even the human right activists are dubbed as the western agents who threaten the Islamic development.

If there is an argument said that human rights threaten the existence of religion is fault. Since human rights address the religious freedom that give the space to other people to demonstrate their religion and believe freely, far from fear and prejudice. The religion followers can spread out their idea through many means like media: news paper, radio, TV, internet, etc, without persecution and violence. Although human rights preserve and address protecting to every body to convert to other religions and believes, even do a heretic and a syncretism freely, it does not mean that human rights endanger the existence of religion. In addition, this situation is also challenge for every religion to propagate and promote the people in the attractive way. Then, The situation make more competitive and examine the right religion in the right tract.

Then, if there is other argument said that human rights issues are hidden western agenda, and Human rights activists are dubbed as western agents, are also not actually true and just prejudice. Human rights are not merely western agenda, but it is our agenda, even it is all human beings agenda. Therefore, if there is anyone, human rights activist, who holds a different political opinion, and advocate changes in the Shari’ah laws in the light of changed conditions, or attempt to re-conceptualize Islamic philosophical doctrine, he just merely criticizes the situation and want to reform to the right tract that there is no linkage to western countries.

Factually, Human rights issues not only can contribute more positive matter to the religious performing development than the negative impact, but also are supported by the religious doctrine in the holy Qur’an and sunnah. Therefore there is no reason for Moslems to reject human rights in their life individually or in group. On the sight of Islam, we can address human rights issues as fundamental teaching for muslims, as follows:

1. Human rights as Essence of Religiosity

The model of Islamic religiosity represented by the concept of taqwa (God-consciousness) — a multi-dimensional variable of religiosity that includes knowledge (‘ilm/ma’rifah), belief (iman), practice (‘amal), consequences (natajah) and realization of excellence (ihsan).

O humanity! Behold, we have created you all out of a male and a female, and have created you into nations and tribes, so that you might come to know one another. Verily, the noblest of you in the sight of God is the one who is most deeply conscious of Him. Behold, God is All-Knowing, All-Aware. (Quran 49:13)

Every moslem is considered as muttaqin whenever he can perform good deed to the others, without prejudice. The main goal of the revelation of religious massages is to liberate the people spiritually and physically. Spiritually, the religion guide the people live independently far from many suppression and subordination. It means that essence of religiosity is equality and freedom.

To fulfill a human potential, all obstacles and pressures must be removed from the way, and all means should be secured to maintain and develop our humanity. The dignity bestowed on humans in the Qur’an must be defended. It is the individual, social and universal responsibility of Muslims to guard human rights because oppression is an obstruction of God’s will in His creation:
As for that (happy) life in the life to come, We grant it (only) to those who do not seek to exalt themselves on earth, nor yet to spread malevolence: for the future belongs to the God-conscious. (Quran 28:83)

2. Human rights as Essence of Morality

Muslims are taught by the Qur’an to build their relations with others on kindness, while the minimum obligation which should be strictly observed is justice (Quran 60:8). They should always have in mind that no hostility stays permanently, and that if they follow God’s guidance, their behavior may turn an enemy into a close friend (Quran 60:7). It means that the religious morality always addresses the people to perform good interaction with the other people. No privilege for certain person before others. Therefore, the people have to threat the others well done.

Islam secures the human rights even for those who may violate the human rights of others, since two wrongs do not make one right. A violation should be stopped instantly, but the rights of the violator as a human being should be secured. Islamic law aims to fight the crime in its origin, not just to inflict punishment. Islamic penal law is enforced in order to prevent the sources of violation and transgression without social justice and public education for all. It is required that every possible effort be made to educate and rehabilitate an offender, not to destroy him/her. And finally, the Prophet states that a mistaken decision in acquitting a guilty person is better than a mistaken decision of punishing an innocent one. (From an authentic tradition of the Prophet repeated by Ibn Ali Shayba, al Tirmidhi, al-Hakim and al-Bayhaqi in al-Sunan, on the authority of Aisha).

Furthermore, Islam strengthens morality widely and thoroughly. It can be inferred from the Islamic law teaching. Islamic civil and commercial law prohibits illegitimate and exploitative gains while protecting the principle which has been earned legitimately and legally before usurious additions. The Islamic law of war requires an open declaration of the start of military operations, and limits fighting to the combatants only. As soon as the aggression itself is stopped and the aggressor submits to justice, justice should be maintained in relation to both parties equally:
....but then, if one of the two [groups] goes on aggressing against the other, fight against the aggressors until they revert to God’s commandment; and if they revert make peace between them (both parties) with justice, and deal equitably [with them], for verily, God loves those who act equitably. (Quran 49:9)

Any of the enemy’s army who asks for protection or shelter should be granted it, and may be returned to his camp if he so requests: And if any of those who ascribe divinity to aught beside God seeks your protection, grant him protection, so that he might [be able to] hear the word of God [from you]; and thereupon convey him to a place where he can feel secure. (Quran 9:6). Furthermore, the wounded and deserters from the enemy’s army should not be attacked, but should be cared for until they are cured or repatriated.

It means that Islam push the morality as basic deed for every Muslim to the others. Even in the critical and emergency situation like war situation, Muslim must perform good morality and honour human rights.

3. Human rights as Essence of Social justice

At the inception of the belief in one God is the belief in the equality of all human beings, since those who believe in one God believe that all human beings are created by the one Creator. Thus, deeply rooted in the conscience of believers is the duty to maintain human rights and to practice equality in the process. Any discrimination against any individual or group about their basic rights as members of humanity is a challenge to the faith of believers, since for any human to claim superiority based on origin or power is contradictory to the belief in the One Ultimate Supreme Being:
...the All-Highest, who creates [everything], and thereupon forms in accordance with what it is meant to be. He cannot be called to account for whatever He does, whereas they will be called to account. (Quran 21:23)

A tyrant is against human rights and the One Ultimate Supreme Being as well:
Behold, Pharaoh exalted himself in the land, and divided its people into castes. One group of them he deemed utterly low; he would slaughter their sons and spare [only] their women, for behold, he was one of those who spread malevolence [on earth]. (Quran 28:4)

In the same chapter, the Qur’an states that those who will attain to happiness in the life to come, as it has been mentioned before, are those who don’t seek to exalt themselves on earth, nor yet to spread malevolence; for the future belongs to the God-conscious (Quran 7:157). Thus, the Qur’an repeatedly emphasizes human rights and justice, and condemns injustice, aggression and oppression. It highlights the message of the Prophet Muhammad:
...enjoins upon them the doing of what is right and forbids the doing of what is wrong, and makes lawful to them the good things of life and forbids the bad things, and lifts from them their burdens and the shackles that were upon them. (Quran 7:157)

Justice can be concisely and precisely defined as the maintenance of human rights and equality:
Behold, God enjoins justice, and [going beyond justice to] the doing of what is magnanimous (and kind), and giving to one’s kinsfolk; and He forbids all that is shameful and all that runs counter to reason [and morality], as well as transgression; He exhorts you [repeatedly] so that you might bear [all this] in mind. (Quran 3:195)

Any discrimination between men and women in rights or responsibilities is forbidden according to the divine justice- the same as any other discrimination:
And their Lord does answer them: I shall not lose sight of the work of any of you who works [in My way], be it man or woman ... (Quran 3:195). And [as for] the believers, both men and women - they are in charge of [and responsible for] one another [and form together one body], they [all] enjoin the doing of what is right and forbid the doing of what is wrong, and keep up their prayers, and render the purifying [social] dues, and pay heed unto God and the conveyer of His Message. (Quran 9:71)

Divine justice can never be for Muslims only. It secures the rights of all human beings, whatever their beliefs may be. It is especially protective of the rights of belief and practicing one’s belief... “Let there be no coercion in matters of faith” (Quran 2:256). Defending all houses of worship is legitimate and urged:
...for if God had not enabled people to defend themselves against one another, [all] monasteries and churches and synagogues and mosques in [all of] which God’s name is abundantly exalted - would surely have been destroyed (ere now), and God will most certainly support one who supports His cause....(Quran 22:40)

It is the individual, social, and universal responsibility of Muslims, according to their faith, to protect the human merits and virtues of all the children of Adam, whatever their differences may be. Defending the human rights of any human being is a religious duty for a Muslim, who believes that any oppression is an obstruction of God’s will and plan in His creation. Moreover, a Muslim believes that God has created all mankind equal as human beings, and no one can claim superiority in this respect, whatever his/her ethnicity, family, wealth or gender may be. The Qur’an teaches:
O humanity! Be conscious of your Lord, who has created you out of one living entity, and out of it created its mate, and out of the two spread abroad a multitude of men and women. And remain conscious of God, in whose name you demand [your rights] from one another (and before Him you will be accountable), and of these ties of kinship. Verily, God is ever watchful over you. (Quran 4:1)

4. Human Rights as Essence of Democracy

A collective effort to defend the powerless and the oppressed against a powerful oppressor is an essential Islamic obligation. Every right is considered a responsibility and an obligation. In addition to human rights being considered a collective responsibility of the ummah (the Muslim people as a group) and the authorities, every holder of a right must also struggle for him/her self to obtain, maintain and enjoy this right. Individual rights are fundamental to the functioning of democracy. In fact the concept of individual rights or human rights has evolved along with the evolution of democratic power structures.

The Qur’an lays emphasis on what it calls shura’ (consultation) (3:159, 42:38). Even the messenger of Allah is required to consult his people in worldly matters and Muslims are required to consult each other in their secular affairs. Now it is true that such consultation and modern day representative democracy may not be exactly similar. However, the idea of modern democracy and the Qur’anic injunction to consult people is the same in spirit. New institutions are continually developing and human societies, depending on their worldly experiences, continually change and refine these institutions.

In the contemporary world the concept of shura’ should mean democratic process and the constitution of proper democratic institutions - for which elections are a necessary requirement. In Islam no authority forcibly constituted, or acquired by power of swords or arms, can have any legitimacy whatsoever. The institution of monarchy or military dictatorship did not exist during the time of the Prophet.

The early Islamic democracy breathed its last within thirty years of the Holy Prophet’s death. The institution of monarchy crept in under Roman influence. It is important to note that the capital of Islam had shifted from Medina to Kufa in Iraq and then to Damascus in Syria, once part of the Roman Empire. Mu-‘awiyah who seized power without the consent of the Muslims operated from Damascus and adopted Roman monarchical ways. Thus deeper historical and cultural influences must be taken into account in order to understand the political institutions in many Muslim countries today.

Conclusion

To conclude this discussion, there is no reason for moslem people to reject human rights values. Since, in line on fundamental norms, human right is not contradiction to Islam, even its values support Islamic guidance and norms. Therefore, if there are moslem people reluctant to accept human rights in their life, they actually do not know anymore about Islam and human rights.

Human rights are agenda of all human being to achieve well being. Therefore all people have to participate in reducing human rights abuse by advocating people, translating human rights values into the real life.

WHY WAS AHMADIYAH ACCUSED AS AN INFIDEL AND HERETIC: EXAMINE THE ISLAMIC VIEWS TOWARD DIFFERENCES

noreply@blogger.com (Agus Miswanto) — Sat, 30 Jan 2010 12:10:31 PST

Indonesia is certainly proud of its plurality of cultures and religions. It is indicative of vitality, richness and the eagerness to grow into a pluralist democratic society. Besides its six official religions: Islam, Catholicism, Protestantism, Hinduism, Buddhism and Confucianism, Indonesia is home to hundreds of traditional belief systems.

Recently, the plurality and differences in Indonesia have been threatened by hardliner group. In this case Ahmadiyah become victims of religious violence and they suffered from destructing, hijacking, torture, and any kind of atrocities. Ahmadiyah must suffered because its belief differ from the mainstream Islamic believe and the hardliners whose intolerant doctrine pop up in Indonesia.

Therefore, the most of the other existing religions harbor the fear that the treatment meted out to Ahmadiah, might be repeated in their case as well. These fears have been confirmed by the reports of attacks on the churches and places of worship of Christians and other sects for the past several years. In this case, I will examine Ahmadiyah accused and infidel and heretic compared to the Islamic sects existing in the Islamic today. Then, I also want to point out the Islamic toleration preaching exampled by the prophet and his companion to overview the Muslim practice in the real world.

1. Ahmadiyah and Islamic Sects: Comparing views

Following a spate of well-orchestrated attacks on individuals, properties, mosques and schools of the Ahmadiah sect, and demands by several Islamic organizations to the President of Indonesia to have it banned, Ahmadiah leaders issued a statement containing “12 points of explanations”. The 12 points included among other matters, an acknowledgment of Prophet Muhammad as the last prophet, which has long been a bone of contention. Mirza Ghulam Ahmad, its founder was recognized as the last of the prophets. This development amounts to forcing a minority religious group to change its basic tenets so as to comply with the demands coming from a majority group.

Compared to other sects in Islam, like Syiah, Druze, and many Thariqats of ahlu sunnah, Ahmadiyah fundamentally and basically is not fault and deviant from Islamic sources. The Claim of Ahmadiyah on the doctrine of the end of the prophet is based on the prophecies by the Prophet Muhammad. The Prophet Muhammad prophesized that before the end of the world there would be a prophet and Messiah sent by God, named as Isa al-Masikh and Imam al-Mahdi, in which both would save humans from destructive morality and lead them to the true Islam. This doctrine spread out widely among the Muslim community, not only among Ahmadiyah, Syiah, and Druze, but also among ahlu sunnah. And almost the sects in Islam received the doctrine taking for granted as part of their belief.

Therefore, there are many interpretations on doctrine of the prophet and Imam mahdi as messiah coming in formerly the end of the world. Differing from mainstream Muslims, Ahmadiah followers believe their sect founder, Mirza Ghulam Ahmad, is a prophet who was prophesized by the Prophet Muhammad and carrying on the teachings of Prophet Muhammad himself. The Other muslim sect like Syiah consider that the coming Messiah like Imam Mahdi and Isa al-Masih just come from the circle of Prophet heredities. So, they do not receive the interpretations on the coming Messiah excludes the Prophet heredities. Therefore, until today, Syiah consider messianic doctrines as a part of believe structures, and they are still waiting for and looking forward to coming’s messianic person from the circle of the Prophet descends.

Like other sects, Ahlu sunnah also has and receive the same doctrine, messianic person. Although they also receive it as part of believe, but they have different interpretation on it. They believe that Allah will send the messiah in the end of the world, but they reject to account and figure out a certain person that will place on the position. They argue that the Prophet Muhammad did not give detail on it, and the Prophet just indicated as Isa al Masih and Imam Mahdi. So, among the Ahlu Sunnah, the concept of messianic doctrine is still debatable, and they have not come to the point exactly yet.

Finally, there are many moderate Muslims from Ahlu sunnah considering Mirza Ghulam just an ulema, and have urged the government not to ban the group, and to condemn the violence perpetrated against Ahmadiah followers. But, their voice hardly ever listened or heard by group of Muslims and the government in Indonesia. Why do we neglect their voice and just consider the hardliners?

2. The Toleration on Differences between the real and the ideal

Ahmadiah was banned -- under pressure from radical groups -- it was possible that hardliners would also demand the government ban other minority faiths. In recent years, properties belonging to sect members, including mosques and houses in Mataram, West Nusa Tenggara, and Sukabumi, West Java, have been attacked and destroyed by religious mobs. A videotape has surfaced showing a sermon by the secretary-general of a radical Islamic group, urging his supporters to kill Ahmadiah followers. If the court can prove that any attacks were conducted based on ulemas' sermons, they could probably be tried for instigating crimes. Nevertheless, none of the masterminds of the attacks have ever been arrested. Some of the people who were arrested were just ojek drivers who were paid to attack Ahmadiah members.

Although the MUI, which released a fatwa declaring Ahmadiah heretical, condemns violence, many radicals claim the attacks are justified by the religious edict. While the declaration was the climax for a series of demands by the majority Muslim community over a long period of time, it triggered a series of attacks on the sect, resulting in this subjugation. The worst is yet to come. The MUI was asking the government to follow Pakistan and Saudi Arabia in banning Ahmadiah and declaring its followers non-Muslims. Factually, Pakistan is not Indonesia; even our Constitution is not based on religion. Furthermore the Constitution guarantees freedom of religion, and Indonesia has ratified several UN conventions that protect the economic, social and cultural rights of Indonesians, as well as civil rights.

To make matters worse, the ministry under pressure from the Ulema Council issued a decree establishing a monitoring team to oversee the implementation of the 12 points. This literally means that the Ministry for Religious Affairs, succumbed to pressure from the majority religious groups to suppress the freedom “of thought, conscience and religion - “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Article 18 of International Covenant on Civil and Political Rights to which Indonesia is a party. The ministry not only accepted the 12 point explanation but also conceded to the majority compulsion to appoint a Committee to Oversee the Implementation of 12 points.

If we rifer to the early Islamic teaching by the prophet Muhammad and his companion, the brutality action of condemning and banning to Ahmadiyah is contrary to the basic principle of Islamic teaching on toleration and differences. Since, differences of religious views and believe is one of fundamental discourse assured by Islam, the Prophet gave the great example to the case. The prophet Muhammad recognized the differences of religious views among his Companion and followers. He never accused and attempted the companion and the followers because of their differences views on the certain religious matter, even the prophet would appreciated them, and never blamed on them at all. Then, the differences among the companions and the followers after the prophet death also spread out and developed in the right tract. The Companion and the followers also never accused and blamed the others because of their views and believe.

If we look up the holly Quran as the source of Islamic views and knowledge, I don not get a verse at all recommending Muslim people to accuse and blame the other as infidel or heretic, even assault and torture to the other people who have a different believe and view. On the other side, the verses of Holy Quran support the fundamental right of human such as a freedom in which they can live in diversities like ethnic, religion, social background, race, and political views.

Therefore, we call on all people concerned about the continued diversity of Indonesia to work together to defend pluralism in the country. "We should not only care about the Ahmadiah issue, but also the nation as a whole, as it is under threat."

GLOBALIZATION AND INEQUALITY

noreply@blogger.com (Agus Miswanto) — Tue, 02 Feb 2010 08:34:06 PST

By Agus Miswanto; Mavis Akinyi Olum; Ruth Moyo; Patience Namanya; Clara Kansiime

Introduction

The word ‘globalization’ is widely used to define today’s world order. It involves increasingly integrating the world into one capitalist political economy operating under a neo-liberal free market ideology . Globalization is a process of interaction and integration among people, companies, and governments of different nations driven by international trade and investment and aided by information technology. Kohl (2003) adds that it is homogenization of world culture and it involves the spread of Western ideology.

However, some scholars state that globalization exacerbates and forms new inequalities. Despite world-wide economic growth and declining poverty rates in the period between 1981 and 2002, the number of people living in extreme poverty in Sub-Saharan Africa nearly doubled from 164 million to 303 million . WHO (2008) comments that, inequality is shaped by deeper social structures and processes. The inequality is systematic, produced by social norms, policies, and practices that tolerate or actually promote unfair distribution of and access to power, wealth, and other necessary social resources.

This paper aims to highlight patterns in inequality that have arisen due to globalization over the past thirty years. It addresses this in the context of income, power, human rights and socio-cultural life.

Globalization and Income

Globalization is characterized by shifts from technological integrations to multilateral and national policy reforms. These are based on the shift from state-led import substitution to a market oriented export-led approach pushed by stabilization and structural adjustment programs. The effects of globalization question the role of institutions like IMF and World Bank in developing countries.

The debate on distributional effects of globalization is polarized between two positions. Some say that globalization will offset incomes and even the poorest will benefit from it . The 2007 IMF Report shows that income inequality has increased in all income groups in most regions. The other position is that though globalization contributes to increased incomes, the benefits are unequally distributed within the country . Financial globalization, Foreign Direct Investment (FDI) and technological progress are associated with increased income inequality; they increase financial premiums on higher skilled labor .

Due to Structural Adjustment policies by IMF and World Bank such as privatization of public and government owned assets such as hospitals, the global poor have not equally benefited equally as evidenced by decline in accessing health care services due to institutionalization of ‘user fees‘. There is an increase in maternal death and more health related problems especially in developing countries The HIPC (Heavily Indebted poor countries) initiative by IMF and World Bank, has led to increased costs on the poor. The continuous borrowing of structural adjustment loans has accelerated a low income status for the poor countries and has increased the gap between the rich and the poor counties. This has denied developing countries their development and welfare role and it has been manipulated and used to promote global marketing and strategies that benefit the advanced countries.

In addition, it is proposed that free trade models are not achievable and cannot provide the best results for poor countries . The West is known to subsidize their agriculture sectors and African countries loose comparative advantage. As such, trade liberalization causes substantial displacement of labor and hurts workers. Small enterprises and import competing sectors lack access to modern technology, training, infrastructure and sufficient finance to upgrade as observed in developing countries .

Globalization and inequality in socio-culture

The emergence of globalization resonates sameness in perspective and ideology and it disrupts the cultural heritage of the world . Moreover, the tendency of economic and ideological interests results in losers and winners in the cultural debate; dominant verses subjected groups occurs. The dominant groups have access to power and privilege and their culture becomes a reference and measure instrument for the others in an effort to encourage homogeneity, while that from the subjected group is associated and framed as being traditional, backward, and oppressive, but ‘exotic’. These dominant cultures want to appear invisible but instead are quite visible and deviant . Therefore, differential treatment of cultural policies and practices arises, as evidenced in: prohibition of religious practices, choice of languages used in administration and education, physical appearance and recognition of symbolic events and cultural practices .

Disparity of tradition in intellectual and property rights between western and the rest also increases inequality and conflict in the third world. Owners of patents right enable extraction of royalties and monopoly profits from users-irrespective of whether they are industrial users or consumers-of the patented product . Therefore, global patent rules force a transfer of royalty payments from poor to rich countries, implying monopoly of wealth and increasing inequality .

For developing countries, where intellectual property is commonly shared, emergence of patent rights evokes looting and plundering cultural property. For example, the Indonesian cultural heritage has been looted, claimed and patented by people from other countries and the tension between Indonesia and Malaysia has recently increased because the Malaysian government is claimed to have patented and claimed many original culture products from Indonesia .

Globalization and Human Rights

Globalization has had positive influence on human rights. These include: the formation of an international human rights regime, transnational professional bodies, international bodies and NGOs and global communication networks, like the internet, increasing accountability of states . Some of the positive impacts on gender include increased employment opportunities in non traditional sectors and international women's movements to improve their positions in all aspects of societal life. However, they still form the larger percentage of unskilled labour and unpaid labour and this limits their ability to successfully perform in the market economy.

However, there are new forms of human rights violations that cannot be ignored. Multinational companies have violated labor laws. Vulnerable members of society like women and immigrants are subjected to poor working conditions and extremely low wages . Women are largely affected as they strive to escape from poverty. They are involved in illegal sex trade and human trafficking. Today, with the notion of international free markets, states are lowering standards to encourage set-ups of multinational companies. In this way they violate the rights of their citizens . Other vulnerable groups are children, certain races and people belonging to some religious affiliations.

There is loss of autonomy of states, especially in the case of developing countries, and there exists a rising inability to meet needs that constitutes human rights for their citizens. This is propagated by the global neo-liberal institutions of the World Bank, WTO and the IMF which encourage structural adjustment policies and reduction of government spending . In this way, the global economic regime (global capitalism) is seen to hinder achievement of human rights goals in developing countries . Globalization has also highlighted power relations among states; as a result human rights has been used by some states to exercise power relations. For instance, the Invasion of Iraq, and the torture of prisoners in Guantanamo Bay .

Globalization and Power

Political inequality is the extent to which groups within a society differ in influence over government decisions. Political inequality interacts with other inequalities like gender, class and ethnicity.

Globalization transforms the processes, actors, capabilities and agenda of world politics, necessitating more effective international institutions of management.

Theorists of globalization state that the sites of power are becoming more dispersed, and power is leaking away from the state. Few countries are immune from having their borders breached and as a result, state sovereignty is threatened. Indeed the principles on which sovereignty is recognized and respected are changing and we are faced with an impossibly of reconciling the notion of sovereignty. Jawara and Kwa in their assessment at the WTO mention ways in which countries with power exert influence on developing countries through inducements, threats and exclusion. For instance, in the United Nations, the Security council consists of some countries and these can veto decision that has global impacts.

However, Weiss [2005:346] argues that rather than loss of state power there has been structural and political entwinement thereby reinforcing contemporary global networks and domestic structures of nation state. Phillips [2005:102] observes that mainstay of the globalization state debate, in both orthodox and critical perspectives is the contention that states are increasingly centralized, insulated and technocratic and accountable primary to global market forces than national societies.

Conclusions

Globalization remains a new order of marginalization and imperialism in neo-colonial language. Powerful corporate lobbying has encouraged the view that global rules are regulating governments rather than companies, furthering goals related to business volume rather than social development. There is a dire need to remove increased access to markets by dealing with the non tariff barriers like standards and specifications in the developed markets that are hindrance to producers from developed countries. For pro-poor globalization, global governance needs to ensure democracy, regulation and transparency in its operation. National policies should ensure that there is broad citizen participation within their states and that the people benefit from globalization.

Bibliography

Brysk, Alison ed. (2002) Globalization and Human Rights. University of California Press

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GOVT FAILS TO MAKE PROGRESS ON PROTECTING HUMAN RIGHTS

noreply@blogger.com (Agus Miswanto) — Tue, 02 Feb 2010 14:30:14 PST

This article i take out from the Jakarta Post. i take this article since it is very important for us, especially to describe the human rights condition in our country (Indonesia) today. I hope through deeply discussion and clear thinking, we could give any kind of efforts toward Indonesian future.

Mon, 12/15/2008 10:36 AM National Activists celebrated World Human Rights Day on Dec. 10 this year while the government skipped an official celebration on the day. The Jakarta Post's Adianto P. Simamora spoke with the Chairman of the National Commission on Human Rights (Komnas HAM), Ifdal Kasim, about progress in human rights protection in Indonesia.

Question:

What is the status of human rights in Indonesia this year?

Answer:

To assess the country's human rights record, we need to look at the issue in terms of regulations and their implementation in the field. In terms of regulation, we noted some positive progress with the issuance of laws and policies related to the promotion and protection of human rights. The ombudsman law and anti-discrimination law, for example, have the potential to greatly advance human rights protection in the future. However, while the anti-discrimination law strives for human rights, the government enacted pornography law could harm the strength of these rights and threaten there protection. It is open to wide interpretations, and could have serious implications when enacted socially. The pornography law will directly impact on the rights of minority groups, such as lesbians, gays, bisexuals and transgender individuals within Indonesia. The porn law constitutes a government violation of human rights, and for this reason, the Komnas HAM is extremely worried about the measure. In terms of the implementation of rights protections, Indonesia's record is still very poor and far from international standards. There was no significant progress made by the government to resolve human rights cases this year. Not one case of human rights violations was brought before a court. The state's response to resolve legal cases involving human rights violations was far too slow. The problem is that good regulations are not followed by appropriate law enforcement, so justice is not provided to victims and protection not available for vulnerable groups. The government also failed to meet its deadline, promised in the Helsinki peace agreement, to establish a truth and reconciliation commission in Aceh with the task of investigating human rights violations in the province before the peace accord in 2005.

Question:

Could you elaborate on cases of human rights violations, particularly those which the Komnas HAM recorded this year?

Answer:

There were many cases of religious-based violence that tarnished Indonesia's human rights record this year. Discrimination against minority groups is still very prevalent. There were examples of physical attacks at the schools and homes of those associated with Jamaah Ahmadiyah, Jamaah Al-Qiyadah and the Tani Mulya Church. Some local administrations issued bylaws which have negatively affected the promotion and protection of human rights and fundamental freedom for minority groups. We also observed that abduction cases continued to occur this year, including those in penitentiaries. There were some cases where police officers arrested the wrong people, including in the case of Imam Hambali alias Kemad and the case of David Eko Priyanto. The number of cases that resulted in the issue of the death penalty rose this year. From January to July, there were six people executed including the trio of Bali bombers, who faced the firing squad in November.

Question:

How has progress been made into resolving major cases of human rights violations?

Answer:

There were no cases involving human rights violations brought before the court this year. The killing of noted human rights activist Munir Said Thalib remains unresolved even now. The Komnas HAM have submitted at least seven reports of alleged human rights violations to the Attorney General's Office (AGO), but the latter investigated too slowly to keep up with our findings, particularly involving the Semanggi shooting case. The situation differs from when the House of Representatives revived investigations into the abduction of democracy activists. The attorney general was quick to respond and the case was closed after a meeting with the President.

Question:

Has the economic downturn hampered any efforts to promote and protect human rights?

Answer:

Many groups, including government and business bodies, still regard the rights associated with the economy, society and culture as not linked with human rights. Human rights issues have not yet been included in the government's regulations related to development affairs. The regulation left the rights of citizens unprotected. There are many regulations around development but the eviction of poor residents remained widespread this year. We also see many poor families suffering from a lack of quality foods and nutrients. There were massive layoffs in companies and the prices of basic necessities continued to increase due to the global economic crisis. This economic aspect is part of human rights violations because the state failed to protect the welfare of its citizens. Local administrations issued bylaws to evict people from *illegal' residencies, spending state money to demolish properties without offering any solutions for those told to move on. We are also concerned about malnutrition cases and high mortality rates in many areas across the country. Possibly the increase in fuel prices and basic foods could have influenced this trend. The government has actually launched several programs to help the poor, such as providing them with direct cash assistance and national empowerment programs. But in fact, giving cash directly to the poor encourages dependency on the government, and in turn, efforts to combat poverty continue to ignore people's rights within the economy, society and culture.

Question:

So, what should the government do next?

Answer:

I think the government should move forward. President Yudhoyono needs to order the AGO to speed up their efforts in resolving major human rights cases. The government must pursue its action plan on the promotion and protection of human rights. The government also needs to make official celebrations for Human Rights Day an important date in its annual calendar in a similar way to efforts for Anti-Corruption Day, which was on Dec. 9.