The Politics of Constitutionalizing Religion and Religious Freedom: Paths and Outcomes in Indonesia and Malaysia

• In Event: Religion and Nationalism in Contemporary Southeast Asia: Historical Legacies, Political Mobilization and Identity Formation

Abstract

Religion has long been a socially and politically salient issue in Malaysia and Indonesia. From the lead-up to independence through recent times, political elites and the society have had to grapple with managing deep religious divisions and inter-religious relations. Various forms of political bargains and maneuvers have been employed, and these may be reflected in provisions of the national constitutions, as well as in state policies and practices that implicate religion and religious rights. Regardless of the variations, constitutions and the bills of rights therein are seen as important guarantees against government excesses of power and as restraints on the will of the majority. It is therefore unsurprising that constitutional guarantees become primary reference points in efforts to protect and enforce rights, especially for the minorities. What might be overlooked, however, is the possibility that the very tools that ought to safeguard rights may also, in practice, militate against rights. This can be particularly significant in cases or situations that implicate politically charged subjects such as religion.
This paper brings all these issues together by drawing on the experiences of Indonesia and Malaysia in dealing with the issues of religion, fundamental rights, and nation-building. By tracing key cases on religious freedom, this paper highlights how conceptions of the constitutional arrangements on religion vis-à-vis religious freedom have, over time, changed in a direction that is detrimental to the rights and interests of the minority. I will focus, in particular, on the relationship between political manipulation of religion and the protection of religious freedom.

Author

• Dian A. H. Shah, National University of Singapore