Amnesty International Calls for Repeal of Aceh’s Punitive Bylaw

Amnesty International demands the repeal of a newly instated bylaw in Aceh, Indonesia, which imposes cruel flogging punishments for consensual sexual acts. The law raises serious concerns about its impact on rape victims, placing additional burdens on them while potentially enabling perpetrators to evade justice. The legislation is criticized for its inhumane treatment and possible violations of children’s rights, reinforcing a call for adherence to human rights at all governance levels.

Amnesty International urges the Indonesian authorities, specifically the regional administration of Aceh, to immediately repeal a highly controversial bylaw that advocates for severe flogging penalties for consensual sexual activities. The recent enactment of the new Islamic Criminal Code (Qanun Jinayat) introduces strict caning sentences for consensual sexual relationships outside marriage and for same-sex relations. These punitive measures pose a significant risk of impeding justice for victims of sexual violence, as they establish daunting barriers for those reporting rape, including provisions for punishing individuals accused of false allegations.

Josef Benedict, Amnesty International’s South East Asia Campaigns Director, condemned the bylaw, stating, “To punish anyone who has had consensual sex with up to 100 lashes is despicable.” His concerns extend to the cruel nature of caning, which is regarded as a form of torture that inflicts both physical and psychological harm. Benedict also highlighted that such legal provisions violate basic human rights and called for an immediate repeal.

The new regulations not only expand the types of offenses punishable by caning but also place onerous requirements on rape survivors. Victims are now compelled to present evidence of their assaults during the reporting process. Should law enforcement find the documented evidence inadequate, the accused may escape repercussions through an oath of innocence. Moreover, the introduction of penalties for alleged false accusations could deter victims from coming forward, thus jeopardizing their quest for justice.

Additionally, the bylaw raises alarm regarding its implications for children. It introduces the crime of “adultery with a child,” which may improperly categorize sexual violences against minors as merely breaches of marital fidelity rather than criminal acts requiring stringent protective measures. This perspective contravenes Indonesia’s international obligations to safeguard children from sexual exploitation.

Benedict emphasized that Indonesia’s human rights commitments should be adhered to across all levels of governance, asserting that decentralization should not compromise human rights protections. He underscored the necessity for the central government to ensure compliance with human rights at regional and local levels.

The practice of caning as punishment in Aceh has been ongoing since the region was granted special autonomy status in 2002, despite being illegal in the broader context of Indonesia. The UN has previously implored Indonesia to abolish all forms of corporal punishment, reiterating this stance in recent communications to the Indonesian government. Furthermore, issues surrounding “adultery” laws disproportionately affect women, engendering an environment of discrimination and injustice that particularly burdens those from marginalized socioeconomic backgrounds.

The establishment of caning as a mode of punishment in Aceh, which is rooted in the region’s interpretation of Islamic law, has raised considerable international concern over human rights violations. Although corporal punishment is prohibited throughout the rest of Indonesia, Aceh’s special autonomy has permitted its persistence. Previous calls from international bodies, including the UN Committee against Torture and the UN Human Rights Committee, have urged Indonesia to review and eradicate such punitive measures. The implications of the new bylaw extend beyond consensual relationships to include severe repercussions for those reporting sexual violence, thereby presenting a dual challenge to justice and safety for victims. The legislation also jeopardizes the well-being of children by failing to prioritize their protection against sexual exploitation.

In conclusion, the introduction of the new Islamic Criminal Code in Aceh stands as a regressive step for human rights, particularly concerning sexual conduct and the treatment of victims of sexual violence. Amnesty International’s call for the repeal of this bylaw highlights the pressing need to address the inherent injustices it creates, especially regarding the barriers it places on victims seeking justice. By imposing cruel punishments and undermining protections for children and women, the law poses serious threats to the fundamental principles of human dignity and justice that the country is obligated to uphold in accordance with international standards.

Original Source: www.amnesty.org