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Home , Family honor, Hina Saleem, Homicide, Honor killing, Morsal Obeidi, Murder of Rukhsana Naz

in Legal, Cultural and Rights Perspective Zenny Rezania Dewantari President University Fulltime Lecturer [email protected]

Abstrak This paper is talking about honor killing, a form of in which the act itself is considered as a necessity. This term is common used to picture a murder of a conducted by a man in a patriarchal community, as a retaliation of what she did that‟s brought to a . In a broader term, honor killing means a necessary murder by a family member to a victim who is believed to have brought shame to a family. Motives behind honor killing are what make this killing unique. The motives are commonly to restore the equilibrium after the damage brought by the victim to the family. There are no certain criteria of what damaging behavior is. Victims were usually women with some cases were involving men as a victim. Right of life is stated in Universal Declaration of . Many human rights conventions also state a protection of women‟s human rights. So in a human rights perspective, honor killing is against human rights especially right of life and specifically for women, it is against rights of a woman. Naturally, human rights are universal. Problem occurs when this universality meets local cultures, beliefs, and traditions. Honor killing is sometimes allowed in those certain groups. So it is a challenge of human rights enforcement to get inside the cultures and beliefs of some state‟s ideology that might be different with UDHR statements, including honor killing phenomenon. Keywords: honor killing, , human rights, culture, state‟s

A. Honor Killing Phenomenon among conservative parts of where “ Us killings” are not uncommon‟. 1. Honor Killing Cases Throughout the World Still in India, a man was beheaded and a woman was beaten to after India, , , , eloping. „The woman‟s , father and , England are several countries uncle were arrested after a gruesome mentioned in the news about honor-related carried out in a village in the state . Honor killing happened wide spread. of ‟ (Agence Presse). The 22 From , , America and year old boyfriend was attacked by sticks . Honor killings are a wide-spread and while murdering the boy, they also problem, and despite common beheaded him. Inspector-General Kumar generalization, these senseless acts of told the AFP that “It is an honour killing but are not exclusive to a single the murder was not approved by the culture, ethnicity or religious group society.” The article then also explain that (Jonathan Leach, www.huffingtonpost.com). „India has for centuries seen killings that often target young couples who have Some of honor killings can be found relationship of which their , clans or in some sources as follow; Pakistani couple communities, particularly in traditional rural murdered in gruesome honor killing areas, disapprove.‟ The killings were carried (). This couple, a 17 year out in order restoring family‟s pride and old Muafia Bibi and her 30 year old reputation. husband, Sajjad Ahmed was murdered by the girl‟s parents, grandfather, and two In Monteral, Canada, a couple and uncles. The motive behind this cruelty was a their son killed their 4 family members and without . The couple was they were convicted of first degree murder. married without the girl‟s family approval. „Mohammad Shafia, his Tooba Yahya, Then it was reported that the victim was and their son Hamed, who had pleaded not hacked by a butcher‟s knife and all five guilty, were each handed an automatic life perpetrators had been apprehended. sentence with no chance of parole for 25 years. They were accused of killing In India, there was a case where a Hamed‟s three sisters and his father‟s 14-year-old daughter was murdered by her childless first wife in a polygamous parents. „Aarushi Talwar was found with her marriage.‟ (Melinda Dalton, CBC News). throat slit at the family home in Noida, an The victims are Zainab (19), Sahar (17), affluent town of new shopping malls and Geeti Shafia (13) and Rona Mohammad offices near , in 2008‟ (Shyamanta Amir (50) who were found dead in their Asokan, ). The parents, Rajesh and family‟s car in the Rideau Canal on June 30, Nupur Talwar, were convicted and remain 2009. Justice Robert Maranger in the article custody ahead of sentencing. Then, in the said that “The apparent reason behind these same article, Shyamanta Asokan also said cold-blooded, shameful murders was that the „Early in the investigation, alleged four completely innocent victims offended Rajesh had murdered his daughter and your completely twisted concept of servant in a rage after finding them in a honour… that has absolutely no place in any compromising situation – the kind of civilized society.” The household has strict more often associated with rural, boundaries. The were prohibited to make relationship with boys. The first wife was all treated like servant to a preferred quarters were and girlfriends, the wife, Yahya. „The Crown alleged the remainder included , aunts, nieces, family‟s patriarch was upset that his two cousins, uncles or non-relatives. The eldest daughters wanted boyfriends, numbers can be seen on this table: betraying his traditional Afghan values.‟ (Melinda Dalton, CBC News). The rage started when Zainab ran away to a women shelter, which raised the fathers‟ rage because she had made the family‟s problem became public. She was accused that she wanted to get married with boyfriend she secretly had before.

Another honor killing case, Morsal O, was stabbed 23 times in a parking lot in by her brother Ahmad Sobair O in May 2008. This 16-year-old German- Afghan was murdered because of her alleged impure moral conduct (, www.meforum.org). More on the article mentioned that honor killings, when prosecuted in the Muslim world, result in relatively light sentences. „When honor killings happened in the West, many people, including the police still shy away from calling it an honor killing‟ (Phyllis Chesler, www.meforum.org). Islamist and feminist group in the west mostly insist that honor killings is western-style or a (a killing of women), which are not true.

Also from the article, it is known that honor killing phenomenon increased in 20 year period between 1989-2009. There are many reasons that cause the acceleration. It may be that honor killing become reported more accurately throughout the world and/or the increase of internet that makes many information spread out more easily.

Phyllis Chesler also said that the world average age for honor killings victim is 23. Then he mentioned that over half of Table 1: Entire Population (N=230) the victims were daughters and sisters, about

REGION Worldwide North America Europe Muslim World AVERAGE AGE 23 25 22 23 BY PERCENTAGE Killed by Family of Origin1,2 66 49 66 72 Family Position1 -- Daughter/Sister 53 50 49 56 -- Wife/Girlfriend 23 27 34 17 -- Other3 24 33 27 27 Paternal Participation4 37 53 39 31 Multiple Perpetrators 42 42 45 41 Multiple Victims1 17 30 7 21 Tortured1 53 39 67 49 Motive4 -- “too Western” 58 91 71 43 -- “sexual impropriety” 42 9 29 57 (source: www.meforum.com)

1 Significant according to a chi square test. 2 Family of origin includes fathers, mothers, brothers, grandfathers, uncles, and male cousins. 3 “Other” includes mothers, aunts, cousins, and no familial relation. 4 Significant to a Pearson correlation test

This is the table describes the amount of honor killings occurred in North America and Europe: Table 2: North American Honor Killings, Successful and Attempted

Victim Name (age) Year, Location Perpetrator‟s name, Motive Method Origin Palestina Isa (16) 1989 St. Louis, MO Maria & Zein Isa, “Too American” Stabbed 13 times by parents, sisters also refused to travel father as mother encouraged it / West with her father, a held her down Bank. (M) member of the Abu Nidal Palestinian terrorist group, as “cover” Methal Dayem (22) 1999 Cleveland, Yezen Dayem, Musa Refused to marry Two cousins OH Saleh, cousins/ West her cousin; attended allegedly shot her, Bank (M) college; sought choked on own independent career blood as elementary school teacher; drove her own car; too independent; turned back on her culture Lubaina Bhatti 1999 St. Clairsville, Nawaz Ahmed, Filed for divorced Throat cut; her Ahmed (39) OH estranged husband/ father, sister and Pakistan (M) sister‟s young child‟s throat also cut Farah Khan (5) 1999 Toronto, Muhammed Khan, father Suspected child was Father and step Canada and Kaneez Fatma, not his biologically mother cut her stepmother/unknown throat, region (M) dismembered her body Jawinder “Jassi” 2000 Pakistan Gang of men hired by Against her Kidnapped, throat Kaur (25) Malkiat Kaur, mother, wealthy, farming slashed and Surjit Sing Badesha, parent‟s wishes, uncle/ Canada/Pakistan married a man who (S) was of inferior financial status, a Pakistani rickshaw driver Shahpara Sayeed 2000 , IL Mohammad Harroon, Motive is unclear Burned alive (33) husband / Pakistan (M) but they had been fighting for months Marlyn Hassan 2002, Jersey City, Alim Hassan, husband / His wife refused to Husband, an auto (29) NJ Guyana (Hindu Wife) convert from mechanic, stabbed (M) Hinduism to wife (and the twins in her womb), the wife‟s sister, and the wife‟s mother Amandeep Singh 2003, British Rajiinder Singh Atwal, Wanted daughter to Father stabbed Atwal (17) Columbia, Canada father / East Indies (S) end relationship daughter 11 times with non-Sikh classmate, Todd McIsaac Hatice Peltek (39) 2004 Scottsville, Ismail Peltek, husband / Had been molested Stabbed, NY (M) by brother-in-law bludgeoned with hammer along with daughters Aqsa Parvez (16) 2007, Toronto Muhammad Parvez, Refusing to wear Strangled Canada father, Waqas Parvez, brother (M) / unknown region Amina Said (17) 2008 Irving, Yaser Said, father; Upset by her Shot mother assisted / Egypt “Western” ways (M) Sarah Said (18) 2008 Irving, Texas Yaser Said, father; Upset by her Shot mother assisted / Egypt “Western” ways (M) Fauzia Mohammed 2008 Henrietta, NY Goaded by mother, Too “Western”, Stabbed (19) Waheed Allah immodest , Mohammed, brother / planned to attend (M) college in Sandeela Kanwal 2008 Atlanta, GA Chaudry Rashid, father / Filed for Strangled (25) Pakistan (M) after Legend: M = Muslim ; S = Sikh

(source: Phyllis Chesler, Middle East Quarterly)

Table 3: European Honor Killings Victim Name Year, Location Perpetrato‟s Name, Motive Method Origin Surjit Athwal (27) 1998 lured to India Bachan Athwal, Having an affair, Lured to India for from England grandmother-in-law, planning to divorce „family weding‟ and her son and another strangled relative / India (S) Rukhsana Naz (19) 1999 England Brother and mother / Refused arranged Strangled by brother Pakistan (M) marriage; pregnant while held down by with boyfriend‟s mother baby Fadime Sahindal 2002 Father and brother / Rejected arranged Shot (32) from Turkey marriage; dated non- (M) Muslim; sought higher education; sought legal remedy against father and brotehr Heshu Yones (16) 2002 England Abdalla Yones, Dating a Christian; Stabbed, throat cut father / (M) too western Sohane Benziane 2002 France Jamal Derrar, ex- Too western Raped, tortured and (17) boyfriend and school burned alive mates / (M) Anooshe Sediq 2002 Nasruddin Shamsi, Failure to listen to Shot Ghulam (22) husband / her husband, divorce Afghanistan (M) Maja Bradaric (16) 2003 The Nephew and 3 others Using internet to Burned to death Netherlands / Bosnia (M) find a boyfriend Sahjda Bibi (21) 2003 England Rafaqat Hussain, Refused arranged Stabbed 22 times cousin / Pakistan (M) marriage Anita Gindha (22) 2003 Scotland Relative suspected / Married non-Sikh Strangled Pakistan (S) Shafilea Ahmed (16) 2003 England Parents suspected / Opposed her Strangled and Pakistan (M) parents‟ plans for smothered arranged marriage “Gul” (32) 2004 The Husband/Afghanistan Sought divorce Shot Netherlands (M) Hatin Surucu (23) 2005 Germany Three brothers / Fled forced Shot Turkey (M) marriage; did not wear scarf Rudina Qinami (16) 2005 Father / Albania (M) Accepted ride by Shot male, non-relative Banaz Mahmod(20) 2006 England Mahmod Mahmod, Having an “affair” Raped, strangled father, her uncle Ari Mahmod / Kurds from Iraq (M) Samaira Nazir (25) 2006 England Azhar Nazir, brother Fell in love with Stabbing, throat cut and cousin / Pakistan Afghan refugee; (M) refused to consider arranged marriage in Pakistan Sazan Bajez- 2006 Germany Kazim Mahmud, Acting in an Stabbed, set on fire Abdullah (24) husband / Iraq (M) “immodest” way Sabia Rani (19) 2006 England Shazad Khan, Wanted divorce Beaten husband and in- / Pakistan (M) Ghazala Khan (18) 2006 Brother, father and Family did not Shot other family approve of husband members / Pakistan (M) Caneze Riaz (39), 2006 England Mohammed Riaz, Too westernized Immolated Sayrah Riaz (16), father / Pakistan (M) Sophia Riaz (15), Alicia Riaz (10), Hannah Riaz (3) (21) 2006 Father and brother in Did not respect Stabbed law / Pakistan (M) Pakistani culture, divorced, wore clothing that showed her midriff Sana Ali (17) 2007 England Husband / Pakistan Not known, but Stabbed (M) detectives consider honor motive (16) 2008 Germany Ahmad Obeidi, Wanted too much Stabbed brother, and cousin / freedom; did not Afghanistan (M) appreciate Muslim values Legend: M = Muslim; S = Sikh

(source: Phyllis Chesler, Middle East Quarterly)

The majority of victims were When we start talking about honor women. And honor killing mainly occurred killing, we start with questioning what honor in Muslim world, although and killing is. There must be a confusion to Hindus sometimes also commit honor understand whether honor killing is similar killings. In Phyllis Chesler‟s study, with murder, or is it something very worldwide, 91 percent of perpetrators were different. In general, it is a form of taking . „In North America, most killers away one‟s life, so hypothetically it is a (84 percent) were Muslims, with only a few form of murder as well. But there must be a Sikhs and even fewer Hindus perpetrating difference; otherwise honor killing wouldn‟t honor killings; in Europe, Muslims be seen as a deviant form of murder. „They comprised an even larger majority at 96 differ from plain and psychopathic percent while Sikhs were a tiny percentage.‟ , serial killings, crimes of passion, (Phyllis Chesler, www.meforum.org) killing, and domestic violence. Their motivation is different and based on Even though Muslims mostly be codes of morality and behavior that typify brought up when it comes to honor killings, some cultures, often reinforced by there is no evidence that show honor killing fundamentalist religious dictates‟ (Phyllis is from Islam. There are many violence Chesler, www.meforum.org). oppressing women in the name of , including Islam but is not limited to Islam. Honor killings mostly misunderstood as domestic violence, which is not true. Phyllis Chesler (Middle East Quarterly, 2009:61-69) gave an explanation on how to 2. The Concept of Homicide and Honor Killing differentiate honor killings and domestic violence through this table : Table 4: Differing Characteristic of Honor Killings and Domestic Violence

Honor Killings Domestic Violence Committed mainly by Muslims against Muslim Committed by men of all faiths usually against adult girls/young adult women women Committed mainly by fathers against their teenage Committed by an adult male spouse against an adult daughters and daughters in their early twenties. Wives female spouse or intimate partner and older-age daughters may also be victims, but lesser extent Carefully planned. Death threats are often used as a The murder is often unplanned and spontaneous means of control The planning and execution involve multiple family The murder is carried out by one man with no family members and can include mothers, sisters, brothers, male cousins, uncles, grandfathes, etc. If the girl escapes, the extended family will continue to search for her and kill her The reason given for the honor killing is that the girl or The batterer-murdere does ot claim any family concept young woman has “dishonored” the family of “honor”. The reason may range from a poorly cooked meal to suspected to the woman‟s trying to protect the children from his or turning to the authorities for help At least half the time, the killings are carried out with While some men do beat a spouse to death, they often barbaric ferocity. The female victim is often raped, simply shoot or stab them burned alive, stoned or beaten to death, cut at the throat, decapitated, stabbed numerous times, suffocated slowly, etc The extended family and community valorize the honor The batterer-murderer is seen as a criminal; no one killing. They do not condemn the perpetrators in the defend him as a hero. Such men are often viewed as name of Islam. Mainly, honor killings are seen as sociopaths, mentally ill, or evil. normative. The murderer(s) do not show remorse. Instead, they Sometimes, remorse or regret is exhibited. experience themselves as “victims”, defending themselves from the girl‟s action and trying to restore their lost (source: Phyllis Chesler, Middle East Quarterly on www.meforum.com) To understand honor killing, we need a homicide that is prohibited and punishable to understand a murder first. Murder is also by law, such as murder or . called as homicide. Webster‟s New World Murder itself then defined as „the killing of a Dictionary of the American Language (in human being with aforethought‟ Eko Haryanto, 2014:1) explains that (Bryan A. Garner et al, 2000:831). homicide comes from two words; homo which means a man (human) and caedere Based on definitions above it is which means to cut or to kill. Another understood that criminal homicide is a definition of homicide is „the killing of one punishable homicide, and then murder is a person by another‟ (Bryan A. Garner et al, form of a punishable homicide against the 2000:589). Furthermore Bryan A. Garner et state‟s law. In contrary, it is implied that al (2000:589) added that one form of there is also a form of a non-punishable homicide is criminal homicide which means homicide. Kadish (in Eko Haryanto, 2014:7) said that a homicide can be in two form; (www.huffingtonpost.com). Honor killing‟s criminal homicide and non-criminal found in England, Jordan, Pakistan, and it is homicide. A criminal homicide means the spread out through continents. The motive is act of killing a human being is punishable by what makes honor killing usually not the law. That is also called as culpable punishable and this motive usually derived homicide while a non-criminal (not from beliefs and cultures. This lead to punishable) homicide is known as innocent misunderstanding that honor killings only be homicide (Gibbons and Kadish in Eko found in a single region with strong culture Haryanto, 2014:7). A criminal homicide is or belief. Honor killings and attempted in the jurisdiction of state‟s and honor killings was happened in many is clearly stated in the provisions that the act regions. is against the law. Honor killing, on the other hand, is included in innocent This has become a problem mainly homicide. because its nature; it is a homicide but it isn‟t punishable since the act is considered Honor killing is an act of killing as necessity in order to maintain family people, just like homicide. So in general honor. While the act was often very brutal view, honor killing is homicide. The victims (stabbing, burning, mutilating, torturing) the were burnt, beat, shot, stabbed, tortured to perpetrator could walk away as a free man. death but the was to kill. The focus They weren‟t liable to a committed murder must be pointed to the term „honor‟. Honor according to State‟s law where the killing means „to recognize, salute, or praise‟.( took place. Bryan A. Garner et al, 2000:590). So, honor killing means a homicide with praise, a homicide with a justification. 3. Honor Killing in Legal Perspective Referring to a definition of crime of Legal matters always work on honor, crime of honor is „tindak kejahatan – legislations and any forms of written and biasanya pembunuhan– terhadap anggota positive law. Of course, a Law should keluarga –mayoritas adalah perempuan, represent the traditions and culture of the misalnya istri, ibu, anak, kakak atau adik society, that what makes the Law is various perempuan– demi membersihkan between countries. „But human laws are not kehormatan keluarga, karena mereka themselves statement of fact; they are rules dianggap telah mempermalukan kehormatan or norms, which prescribe a course of keluarga‟. (Febiana Malini, 2010:54) („A conduct, and indicate what should happened crime –usually a homicide– against family in default‟. (M.D.A Freeman, 2008:11). members –most commonly victims are Furthermore, Freeman also said that „the women; wife, mother, daughter, sister– in sanction, however, is not usually connected order to cleanse the family honor, since they in an empirical sense with the ruler or its are deemed to have disgraced family breach, but is merely indicative of what the honor‟). rule itself prescribes, as the consequences of „Honor killings are a wide-spread non-compliance‟. (M.D.A Freeman, problem, and despite common 2008:11). generalizations, these senseless acts of Positive law is any written law that violence are not exclusive to a single applied in certain time and place. Any culture, ethnicity or religious group.‟ behavior doesn‟t comply the law will be considered as crime (in criminal law) or a tree is not a crime unless it takes form as breach (in private law). For example, in illegal logging. Indonesian Penal Code (Kitab Undang- Undang Hukum Pidana /KUHP) Sometimes, those unwritten laws are article 338 mentioned “Barangsiapa more obeyed than state‟s law. From several sengaja merampas nyawa orang lain, instances of honor killing, the perpetrator diancam, karena pembunuhan, dengan got away because honor killing isn‟t against pidana penjara paling lama lima belas the unwritten law. It is even commanded by tahun” (Whoever intentionally take the life the law. State‟s law couldn‟t jump to its of another, subjected to an imprisonment for jurisdiction, nor the state‟s law enforcers. maximum 15 years). Article 340 is also Character differences between states law about homicide with incriminating element and certain beliefs and some unwritten laws (first degree murder). Both article 338 and have created a large gap. article 340 are an intentional homicide, The tendency in today‟s legal system while article 359 is about homicide due to through many countries is finding that honor negligence (manslaughter). All three types killing is still a crime of life. Many cases of homicide are subjected to an showed that the perpetrators were imprisonment penalty various from apprehended and then sentenced for maximum 5-20 years and for a first degree homicide. For instance, Hamed Shafia, his murder is subjected to a death penalty. father, Mohammed, and his mother, Tooba Whoever commits the act as described on Mohammed Yahya, were sentenced to life in the provision is breaking the law and being prison for murder, with Judge Robert subjected to a penalty. No empirical aspect Maranger excoriating their "twisted notion matters. As long as the person commits the of honor, a notion of honor that is founded act, he is breaking the law. upon the domination and control of women, The unwritten law is also a law that a sick notion of honor that has absolutely no lives in certain time and place, obeyed by place in any civilized society." the citizens. This kind of law doesn‟t have a (http://religion.blogs.cnn.com/2012/01/30/isl formal legal enforcement like written law am-doesnt-justify-honor-murders-experts- does. Sometimes unwritten law may remove insist/) Their crime of killing three the enforcement of written law. Unwritten daughters and a first wife of polygamous law may take the form as customs, habit, marriage was found guilty by Canadian and tradition. So unwritten law is much Law. related with traditional or local values. For instance, Indonesia is a very pluralistic society and in Indonesian Criminal Justice System, there is Indonesian Penal Code as a written law (state‟s law) and there are also 4. Honor Killing in Cultures and various criminal customary laws. Many Beliefs times, the definition of crime is different between such laws. Unwritten law Honor killing mostly occurred as an (customary law) can be more specific in outcome of belief interpretations. That determining crime, for instance, cutting a doesn‟t summarize certain beliefs and branch of tree maybe considered as crime cultures as sadistic. That shows that human and punishable to certain penal while interpretation towards beliefs and cultures according to state‟s law cutting a branch of can be sadistic. It is said in an online article that among conservative Muslims in tragedy (on 2001) in Kalimantan (Borneo). Pakistan that marrying for love is a taboo. In This time, the perpetrator and the modern era and in the more opened culture provocateur was arrested. society, marrying for love is natural. Nothing is wrong with it; on the contrary, As seen on those illustrations, the the concept of an arranged marriage is more tradition of Ngayau was motivated by uncommon than marriage for love. spiritual reason. The man who was successfully got the head of the enemy was Different societies are resulting gained an honor by the tribe. As for Sampit different perspective on moralities and incident, the was also to protect dignity values. receive many standards of between different ethnicity, Dayak and morality since birth until they die. Those Madura. The headhunting was to prove the standards of morality came from family, dignity. But then in the more modern society education, social, and environment. The of Indonesia with its sovereign Government, underline is, humans values came from that incident was considered as criminal law cultures and beliefs and, among all violation. similarities, they are also different between each cultures and beliefs. In Indonesia, for That shows how society takes part in instance, there is a tradition called Ngayau. the development of honor killing in cultures This tradition is part of life for Dayak Tribe and beliefs. In the more complex and in Borneo, Indonesia. Ngayau is when the heterogenetic society honor killing is more tribe men hunting for enemy‟s head during likely to be seen as a deviant behavior. That tribes war. The war was to expand the senseless act is still a crime no matter what territory. After gathering the heads, there‟ll honorable reason behind it. The cumulative be held a ceremony to honor the spirit of the society perception interferes in determining dead and to gather the power inside the what‟s right or wrong. heads. They also believe that heads they The evidence showed that honor collected can bring the whole tribe a fortune, killing case was happened in many countries welfare, and dignity. The tribe only behead so it didn‟t emphasize particular beliefs and adult male while woman and children were cultures. Though, the place where the killing taken as a slave. This tradition has ended took place didn‟t always directly relate with through an agreement called Tumbang Anoi the culture the family came from. For among whole Dayak Borneo tribe. That was instance, the Mohammed Shafia case, took happened on 22 May – 24 July 1894 place in Canada while the family is Afghan. (www.ceritadayak.com). They were immigrant to Canada. According to Indonesian criminal „Worldwide, two-thirds of the victims were law, homicide is against the law and killed by their family origin. Murder by the punishable for maximum 15 years of family of origin was at its highest (72 imprisonment and death penalty. Ngayau percent) in the Muslim world and its lowest itself is part of tribe tradition so that it in North America (49 percent); European wasn‟t in State‟s law jurisdiction. Moreover, families of origin were involved almost as during the 1800, Indonesia was still under often as those in the Muslim world, possibly Dutch colonialism. But then, the practice of because so many are first- or second- headhunting sporadically still happened generation immigrants and, therefore, still many years later. The famous case of slightly bound to their native cultures‟ headhunting during war was the Sampit (Phyllis Chesler, www.meforum.org) The honor killing among immigrant fight for justice. Human rights has families in Europe and North America principles, there are: mostly driven by the reason that their family members has tainted family‟s native values  Universal and inalienable or what they called as being „too western‟,  Interdependent and indivisible for instance, having secret boyfriend,  Equal and non-discriminatory wearing a revealing clothes, or simply because they lived the western . By Based on its concept, human rights that reason the victim deserved to die. The are universal and ideal to restore and clash between the native culture and the new justice among human being. The problem culture for immigrant families has created lies on how human perceive human rights. insecurities to the father so that he felt the What is considered as justice to one person needs to protect his family‟s dignity in a may bring injustice to other person or radical ways. groups. This diversity leads to a various Humans are free to perceive their criteria of justice. Suddenly, human rights beliefs in their own way. For instance, Islam aren‟t universal anymore. is a peaceful religion, just as peaceful as The concept of human rights is Christian, Hindu, Buddha and many other absorbed into man‟s environment. Cultures beliefs. Yet, some Muslims committed and beliefs also determine one‟s perspective. terrorism, torture and homicide in the name For instance, person who lives in a of God. fundamental religious family is more likely to have a perspective of justice based on his fundamental religion belief. Other B. Honor Killings and Human Rights. illustration, person who live in a more heterogenetic society and is having a Honor killing is a form of murder, an moderate family will have different justice act with intention to remove a life of criteria with the one who experience someone. Human rights, is a right for fundamental religion teaching. humans simply because he/she is a human and is born as a human. Universal As being seen on several honor Declaration of Human Rights describes 30 killing cases, the perpetrators are driven by provisions of what are classified as human the urge to restore family dignity, broken by right. The third article mentioned, „Everyone the family member. In their point of view, has the right to life, liberty and security of marriage for love; career women; wearing a person‟ (Universal Declaration of Human revealing clothes; hanging out with friend Rights, 1948). In other words, everyone from other cultural background, are should respect and protect the right of life forbidden. That is a result of their cultural among all human being. Based on that, a and belief background. So, eliminating a homicide, for any reason, is violating human chance for a woman to experience all that is rights. Therefore, honor killings are also okay for them. Meanwhile, according to against human rights. Declaration on the Elimination of against Women (CEDAW) Human rights are very connected to women should have equity towards men. justice. By protecting human rights, we also „Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of not include pain or suffering arising only maternity and the role of both parents in the from, inherent in or incidental to lawful family and in the upbringing of children, and sanctions.‟ aware that the role of women in procreation should not be a basis for discrimination but In one way and another, honor that the upbringing of children requires a killings are violating human rights. But sharing of responsibility between men and honor killings are not a severe human rights women and society as a whole‟ (CEDAW, violation, because there are criteria on what 1981). Moreover, CEDAW also explains classified as severe human rights violation that „Aware that a change in the traditional so that the case can be brought to the role of men as well as the role of women in International Human Rights Courts. Those society and in the family is needed to are: achieve full equality between men and women‟. This is not an era where women - The case is continuous without a are restricted from any opportunity. Women clear settlement are not to be an object but she is a subject - It threaten international and national that possesses rights for higher education, peace for instance. - The national court can‟t afford to finish the case Since the victim of honor killings are mostly women, then honor killing is Giving example on what type of certainly against women‟s right as codified crime that classified as severe human in CEDAW. In general, honor killing is rights violations: against human rights based on UDHR and other human rights conventions. Honor - Race discrimination killings are mostly brutal and including - Apartheid torture. According to Convention against - Torture and Other Cruel, Inhuman or - Crime against humanity Degrading Treatment or Punishment (Convention against Torture/CAT/The However, honor killings are still a Torture Convention), article 1 mentioned violation of human rights. That should be in „For the purposes of this Convention, the states court jurisdiction and should be term "torture" means any act by which treated as homicide, despite the “honor” severe pain or suffering, whether physical or term in it. The term “honor” is put to justify mental, is intentionally inflicted on a person the act itself. The reason that the killing is for such purposes as obtaining from him or a honor is the perpetrator‟s state of mind. It third person information or a confession, has nothing to do with culture and belief, punishing him for an act he or a third person especially . No religions teach has committed or is suspected of having violence but peace and good moral values. committed, or intimidating or coercing him Human interpretation of belief is the only or a third person, or for any reason based on thing that evil on religion. So, the term discrimination of any kind, when such pain “honor” is nonsense. or suffering is inflicted by or at the instigation of or with the consent or In general, no normal human could acquiescence of a public official or other commit such brutality to their own family. person acting in an official capacity. It does In honor killings, there are burning, mutilating, drowning, and other brutalities into honor killings. „She said perhaps the ones can only imagine. In many honor single most shocking thing was how little killing cases, the perpetrators were already research existed. Then, when she began brought to the state‟s court. Honor killings calling NGOs, scholars and social workers that happened in the warzone were also in the honor-killing countries and asking investigated and were spread out by mass about it, she repeatedly go shut down.‟ media. (MeiMei Fox, www.huffingtonpost.com)

In Indonesia, not much honor killing Then MeiMei Fox and Amy offer case found. The famous honor killing was some suggestions, those are: The Head Hunter of Dayak Borneo Tribe that happened many years ago. Any forms of a. Encourage all victims of violence murder are taken as homicide and being and abuse to get to safety, then speak investigated as so by the law enforcers. out and hold their abusers Good thing is in Indonesia there is a accountable. Silence protects the National Commission of Human Rights perpetrators and allows abuse to (Komisi Nasional Hak Asasi continue. Manusia/KOMNASHAM) that working on b. Support local shelters for victims of any reports of suspected human rights domestic abuse and immigrant violation. women escaping honor violence. c. Enforcing the CEDAW. Almost every nations has ratified it except for some nations such as; Sudan, 1. Honor Killings, Human Rights , and USA. Violation and Suggestion How to Stop it. d. Support organizations that are doing the most to end honor killing and MeiMei Fox in uplift women. www.huffingtonpost.com told a story of her experience reading a book called The Seven „, law enforcement, and Perfumes of Sacrifice by Amy Logan. She religious authorities must all be included was shocked that from the book she learned in education, prevention, and that honor killings still exist in many parts of prosecution efforts in a matter of honor the world. „In fact, over 5000 such murders killings.‟ (Phyllis Chesler, occur annually, according to the UN – and www.meforum.com) that number only includes the few honor killings that officials ever find out about. Eight hundred million women and girls live under the threat of honor killing, terrified that if they make one wrong move, or are unfortunate to be sexually abused, they will C. Conclusion and Recommendation. be murdered.‟ (MeiMei Fox, www.huffingtonpost.com) Honor killing is a form of homicide where the motive behind it is honorable MeiMei Fox then continue told the reason that is to restore family‟s pride after story of when she asked Amy what she being violated by the victim. These found most surprising in Amy‟s research honorable murders usually brutal and cold- blooded where the victim (mostly women) Haryanto, Eko (2014) Memahami were shot, stabbed, raped, tortured, throat Pembunuhan, Jakarta: Penerbit Buku cut, burned and strangled by the perpetrator Kompas who are usually men. The victim were killed for some reasons like, they were too western, wanting a career or higher education, too independent, leaving an Journal: abusive husband, being raped, and rejecting an arranged marriage. Although the motive Chesler, Phyllis and Bloom, Nathan (2012) was honorable and religious, no religion Hindu vs. Muslim Honor Killings, Middle ever teach its followers to be a sadist who East Quarterly,[electronic] Summer, pp. 43- able to kill other human. It is still violating 52 available at human‟s rights and women‟s right and is a http://www.meforum.org/3287/hindu- homicide no matter what. muslim-honor-killings So in that matter, honor killing must Chesler, Phyllis (2010) Worldwide Trends be seen as a homicide and is punishable by state‟s law. There has to be a cooperation in Honor Killings, Middle East Quarterly, between the government, law enforcers, [electronic] Spring, pp. 3-11. Available at human rights organizations, and people in http://www.meforum.org/2646/worldwide- general to watch, report, and prevent honor trends-in-honor-killings killing from developing especially in a state with high percentage of migrant citizens. Chesler, Phyllis (2009) Are Honor Killings Simply Domestic Violence? Middle East Quarterly, [electronic] Spring, pp. 61-69 available at http://www.meforum.org/2067/are-honor- killings-simply-domestic-violence

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Fox, MeiMei (2012) In Defense of the Goddess: Speaking Out Against Honor Killing, [online], available at http://www.huffingtonpost.com/meimei- fox/in-defense-of-the- goddess_b_2207715.html

Leach, Jonathan (2012) A Reporter's Journey: Revealing the Honor Violence Epidemic, [online], available at http://www.huffingtonpost.com/jonathan- leach/honor-killings_b_1405348.html

CBC (2012) Shafia Father To Appeal Murder Convictions, [online], available at http://www.huffingtonpost.ca/2012/02/03/sh afia-honour-killing-trial_n_1253888.html

Dalton, Melinda (2012) Shafia finds all guilty of 1st-degree murder, [online], available at http://www.cbc.ca/news/canada/montreal/sh afia-jury-finds-all-guilty-of-1st-degree- murder-1.1150023

Basu, Nupur (2013) Honour killings: India's crying shame: Controversial conviction of dentist couple for double murder this week shines spotlight on scourge going unchecked, [online], available at http://www.aljazeera.com/indepth/opinion/2 013/11/honour-killings-india-crying-shame- 20131127105910392176.html