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MOTION FOR A RESOLUTION on the proposed new Criminal Code of Indonesia

22.10.2019 - (2019/2881(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Kati Piri, Marianne Vind
on behalf of the S&D Group

See also joint motion for a resolution RC-B9-0145/2019

NB: This motion for a resolution is available in the original language only.
Postup : 2019/2881(RSP)
Postup v rámci schôdze
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European Parliament resolution on the proposed new Criminal Code of Indonesia


The European Parliament,

  having regard to its previous resolutions on Indonesia, in particular those of 7 July 2011 on attacks on minorities, of 19 January 2017 on the case of Hosea Yeimo and Ismael Alua and the governor of Jakarta, and of 15 June 2017 on the human rights situation in Indonesia;

  having regard to the draft Criminal Code of Indonesia as presented on 15 September 2019, in particular articles 2, 118, 119, 219, 220, 304 through 309, 413 through 419, 421, 470, and 471 thereof;

  having regard to the EU-Indonesia Partnership and Cooperation Agreement (PCA) which entered into force in May 2014;

  having regard to the 8th round of negotiations on the EU Indonesia Free Trade Agreement which took place in June 2019;

  having regard to the statement of 27 July 2016 by the European External Action Service (EEAS) spokesperson on the planned executions in Indonesia;

  having regard to the previous European Union-Indonesia Human Rights Dialogue of  1 February 2018;

  having regard to the UN Human Rights Council’s Universal Period Review of Indonesia of 3 May 2017;

  having regard to the EU Guidelines on the Death Penalty;

  having regard to the Universal Declaration of Human Rights of 10 December 1948;

  having regard to the International Covenant on Civil and Political Rights, which Indonesia ratified in 2006;

  having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1987;

  having regard to Rules 144 of its Rules of Procedure.






A. Whereas Indonesia is the world’s fourth most populous nation, a stable democracy, the largest Muslim majority country and a diverse society comprising of 255 million citizens of various other religions, ethnicities, languages and cultures;

B. whereas the criminal code of Indonesia is largely outdated; whereas attempts to revise the criminal code have taken over two decades;

C.   whereas in September, the Indonesian Government and the House of Parliament finalised a bill proposing a new draft Criminal Code; whereas the provisions in this draft that curtail civil liberties resulted in the largest protests in Indonesia in twenty years; whereas protesters call on the Indonesian authorities for suspension of the Criminal Code’s ratification;

D.  whereas the draft criminal code contains provisions which discriminate against women, gender and LGBTI minorities, as well as non-Sunni Muslim, non-Muslim and local religious minorities, censors dissemination of information about contraception, and further criminalises abortion, extramarital sexual relations, same-sex relations,  adultery and the cohabitation of unmarried couples;

E.  whereas provisions in the draft criminal code expand on the existing Blasphemy Law; whereas more than 150 individuals, most of them belonging to religious minorities, have been convicted under the current Blasphemy Law since it was passed in 1964; whereas the Blasphemy Law puts religious minorities at risk in a context of growing intolerance towards ethnic, religious and sexual minorities in Indonesia;

F. whereas Indonesia has a diverse and active media and a vibrant civil society; whereas provisions in the draft Criminal Code would impede the free exchange of information, including political views and vital health information;

G.  whereas the President of Indonesia on 20 September announced his order to Parliament to delay the ratification of the bill following large-scale protests; whereas the decision on ratification is now in the hands of the Indonesian House of Representatives;

H.  whereas protests that took place in West Papua in September were met with violent repression, resulting in 33 deaths, hundreds of arrests and the evacuation of 16,000 civilians; whereas in December 2018, a military crackdown forced 35,000 civilians to flee; whereas these protests result from the consistent and systematic discrimination of the Indonesian religious and ethnic minorities of West Papua;

I.  whereas Veronica Koman has been directly targeted because of her work as a lawyer defending Indonesians’ right to protest;

J whereas in September, Indonesia passed a controversial law that weakens the national Corruption Eradication Commission, also known as ‘KPK’, which has successfully prosecuted hundreds of politicians since its establishment in 2002;

K. whereas in 2018 over 40 people were sentenced to death and more than 300 inmates remain on death row in Indonesia;  whereas the EU considers the death penalty to be a cruel, inhuman and degrading punishment, violating the right to life.


  1. Highlights the close relations between the EU and Indonesia based on shared values of democracy and good governance, respect for human rights, and the promotion of peace, stability and economic progress; welcomes the continued annual EU- Indonesia Human Rights Dialogue and  awaits the upcoming dialogue in November;
  2. Is deeply concerned about the provisions in the draft criminal code of Indonesia which allow for religious, sexual and gender discrimination and discrimination against minorities;
  3. Calls on the authorities in Indonesia to substantially revise the draft Criminal Code to meet all its international human rights standards and to remove all discriminatory provisions prior to its ratification; underscores that no legislation should promote discrimination;
  4. Welcomes the order of President Widodo to delay its ratification; Reiterates its calls on President Widodo to use his key position to publicly condemn all forms of intolerance, crimes and discrimination against LGBTI persons and minorities; urges the House of Representatives to suspend ratification of the draft Criminal Code until its content is brought in line with international human rights standards;
  5. Is concerned about the provisions in the draft criminal code restricting fundamental rights and freedoms; Remains further concerned about the abusive use of Indonesia’s blasphemy laws which are used to prosecute religious minorities and curtail freedom of speech and association; Calls on the authorities of Indonesia to repeal all legal provisions unduly restricting fundamental rights and freedoms and to bring all laws in conformity with Indonesia’s international obligations;
  6. Remains concerned about the growing intolerance towards ethnic, religious and sexual minorities in Indonesia; Urges the authorities of Indonesia to continue to strengthen their efforts to enhance religious, gender and sexual tolerance and safeguard social diversity; strongly condemns all acts of violence, harassment and intimidation against minorities; calls for all those committing such violations to be held accountable;
  7. Is concerned about adoption of the recent anti-corruption legislation; highlights the efforts made by the current administration in this regard; urges the authorities of Indonesia to continue to strengthen its efforts in its fight against corruption and to repeal all legislative provisions which may cause a backslide;
  8. Notes with concern the restriction on the free exchange of vital sexual health information in the draft Criminal Code; Calls for unfettered access to and uncensored information, on contraception and family planning for women and girls;  Affirms that access to health, including sexual and reproductive health is a human right; emphasizes that proper and affordable sexual and reproductive healthcare should be guaranteed, including sexual education and information, family planning, contraceptive methods, as well as safe and legal abortions; notes that these services are important elements to save women’s lives, reduce infant and child mortality, and prevent sexual transmitted diseases including HIV/AIDS;
  9. Expresses concern over the violence in West Papua that resulted in 33 deaths and large-scale displacement; calls on the Indonesian authorities to conduct an independent investigation into the recent protests in West Papua; calls for restraint in the deployment of security forces to the region; calls on the authorities to provide UN officials, NGOs and journalists with unimpeded access to West Papua; urges the Indonesian government to address the situation in West Papua through political dialogue;
  10. Reiterates its call on the authorities to re-establish a de facto moratorium on all executions with a view to abolishing the death penalty; Notes that this recommendation in the last cycle of the Universal Periodic Review in 2017 was accepted by Indonesia;
  11. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Government and Parliament of Indonesia, the Secretary-General of ASEAN, the ASEAN Intergovernmental Commission on Human Rights and the UN Human Rights Council.




Posledná úprava: 22. októbra 2019
Právne upozornenie - Politika ochrany súkromia