Amnesty International has called for the repeal of Aceh’s Islamic Criminal Code, which imposes flogging for consensual sex and creates daunting obstacles for rape victims. The law, described as cruel and potentially harmful, applies to all individuals in Aceh and disproportionately affects women. International bodies have condemned such practices and urged for conformity with human rights standards.
Amnesty International has urgently called for the Indonesian region of Aceh to repeal a controversial bylaw imposing severe flogging penalties for consensual sex and related offenses. The new Islamic Criminal Code (Qanun Jinayat) that has come into effect allows caning sentences of up to 30 lashes for premarital sexual relationships and up to 100 lashes for same-sex relations, while also creating significant obstacles for rape victims seeking justice. These punitive measures are decried as cruel and inhumane, potentially leading to permanent physical and psychological harm for those subjected to caning. Furthermore, the law deters individuals from reporting rapes due to the risk of severe punishment for false claims, thereby jeopardizing the safety of sexual violence victims. The implications for children are equally disturbing, as the code may wrongfully categorize sexual violence against minors as adultery, contravening Indonesia’s obligations to protect children from exploitation and harm.
Josef Benedict, Amnesty International’s South East Asia Campaigns Director, emphasized the abhorrent nature of the new law: “To punish anyone who has had consensual sex with up to 100 lashes is despicable.” He further stated, “This creates unacceptable hurdles for investigating and prosecuting rape and other sexual violence, hindering victims from accessing justice and potentially deterring them from reporting rapes in the first place. This will only further endanger those at threat of sexual violence.”
Although corporal punishment is banned elsewhere in Indonesia, the regional government of Aceh has permitted caning for a variety of offenses since gaining special autonomy in 2002. This decision has drawn international criticism, prompting calls from the UN Committee against Torture and the UN Human Rights Committee to reassess legislation that condones corporal punishment and its application in the criminal justice system. The implications of laws surrounding “adultery” disproportionately affect women, particularly those from marginalized sectors, exacerbating existing gender discrimination and societal pressures that control women’s sexuality.
The new Islamic Criminal Code in Aceh, Indonesia, representing a significant shift in legal practices, has invoked international concern for its harsh penalties regarding consensual sex. This local legislation fuels public fear of repercussions for reporting crimes and reflects a broader trend of utilizing religious law in a manner that violates human rights, particularly affecting women’s rights and protections for children. Aceh’s unique status allows such laws to persist despite national prohibitions against corporal punishment, complicating the enforcement of human rights across the region.
The implementation of Aceh’s new bylaw reflects a troubling trend of increasing punitive measures for consensual sexual behavior that can lead to severe bodily harm and deter victims of abuse from coming forward for justice. This legislative shift not only endangers individual rights but also undermines longstanding commitments to human rights standards and protections for vulnerable populations, particularly women and children in Indonesia. Immediate repeal of such measures is necessary to uphold basic human dignity and justice.
Original Source: www.amnesty.org
