(ARTICLE 19/AJI/IFEX) – The following is a 22 November 2002 joint ARTICLE 19, AJI and FORUM ASIA press release: ANALYSIS OF INDONESIAN ANTI-TERRORISM BILL ARTICLE 19, FORUM-ASIA and the Alliance of Independent Journalists (AJI) are concerned that the Anti-Terrorism Bill currently under the consideration by the Indonesian House of Representatives unduly restricts freedom of expression. […]
(ARTICLE 19/AJI/IFEX) – The following is a 22 November 2002 joint ARTICLE 19, AJI and FORUM ASIA press release:
ANALYSIS OF INDONESIAN ANTI-TERRORISM BILL
ARTICLE 19, FORUM-ASIA and the Alliance of Independent Journalists (AJI) are concerned that the Anti-Terrorism Bill currently under the consideration by the Indonesian House of Representatives unduly restricts freedom of expression. The concerns of the three organisations are highlighted in an analysis of the Bill by ARTICLE 19, released last week (1). Of particular concern is the extremely broad definition of terrorism, the powers to intercept communications and the lack of adequate legal safeguards to prevent abuse.
The Indonesian House of Representatives is currently discussing the Anti-Terrorism Bill, which the government started drafting early in 2002. Efforts to adopt the legislation have intensified since the Bali Bombing of 12 October 2002.
The ARTICLE 19 analysis compares provisions in the Bill with international and comparative standards relating to freedom of expression. The terms ‘terrorism’ and ‘acts of terrorism’ are extremely broadly defined, with a risk that the law could be applied to acts which are not related to terrorism in any way. The law also grants broad and largely unfettered powers to the authorities to monitor and intercept communications, which is likely to have a chilling effect on freedom of expression. Such powers are usually subject to certain legal safeguards, such as the establishment of an oversight mechanism, absent in the Bill.
ARTICLE 19, FORUM-ASIA and AJI recognise the need to combat terrorism, but at the same time we believe that this should not undermine democracy and human rights. We call on the Indonesian authorities to review the recommendations in the ARTICLE 19 analysis with a view to revising the Anti-Terrorism Bill before it is passed into law.
NOTES:
1. The analysis is available on the ARTICLE 19 website at www.article19.org/docimages/1428.doc
2. This Bill is one of the four Bills on combating terrorism currently being discussed in the parliament: two bills for the enactment of Decree number 1/2002 and Decree number 2/2002, an Anti-Terrorism Bill, and a bill on applying the Anti-Terrorism Law to the Bali bombing case.