Regulator failing to resolve complaints on alleged human rights abuses by Australian companies

Shelley Marshall, RMIT University

The Australian National Contact Point (ANCP) was set up as part of Australia’s membership of the OECD to hear complaints on the way Australian corporations operate overseas, but research shows it’s poorly resourced and rejects most claims at the initial assessment stage, raising concerns about its effectiveness.

There are National Contact Points already operating in OECD countries, that are achieving more with their mandate to promote Australian businesses respecting human rights while operating or based in other countries.

Australia does not have a legal framework that specifically regulates the human rights obligations of Australian corporations overseas. The Australian government is missing a vital opportunity to promote sound and ethical business practice and mediate disputes before they blow up, by inadequately resourcing this important human rights body.

Why is the ANCP needed?

Australian companies now operate all around the world in mining, manufacturing, finance and other industries. Sometimes this is through wholly owned subsidiaries, sometimes they invest in joint ventures or part shares, and at other times Australian businesses procure parts through supply chains.

When their activities negatively impact communities overseas, those affected should be able to go to the ANCP to hear their complaints. Though, in principle, communities can take their claims to local police and courts, in many countries corruption, bias and long waits often make remedy through legal avenues impossible.

Company structures also sometimes render it difficult to hold the parent company or a lead company in a supply chain responsible, even though that business may be calling the shots.

As the Australian government adheres to the OECD’s guidelines for multinational enterprises, it’s required to have a National Contact Point to assist corporations in observing these guidelines. Part of this includes providing a platform for mediation and conciliation.

Though its findings may not be legally enforceable, the ANCP is particularly important because it’s the only avenue for redress for many communities and individuals affected by Australian business, outside our national borders.

Properly resourcing the National Contact Point would allow the government to better fulfil its obligations under the United Nations Guiding Principles on Business and Human Rights (UNGPs).

Findings by other National Contact Points, when it comes to breaches of the OECD Guidelines for Multinational Enterprises, have been highly influential in other countries. For example, the UK NCP determined that mining company Vedanta Resources had breached human rights guidelines regarding its planned mine in India.

It found the mine would displace thousands of tribal people. This finding resulted in high profile divestments from the company by a number of shareholders and the adoption of a new corporate social responsibility approach by the company. Interviews with shareholders that divested revealed that although the determination was not legal in nature, it was seen to have heightened authority because it came from the UK government.

How the ANCP is failing

The research on Australia’s NCP is part of a larger project that conducted 587 interviews with 1,100 individuals mainly in Australia, the UK, India and Indonesia. It assessed the performance of the ANCP based on an analysis of every claim that has been lodged with the body.

It found that the ANCP has all but abdicated its workload; it rejected or transferred (to another NCP) two thirds of all complaints made. With only one exception, the remainder of accepted complaints were closed without resolution, as the ANCP was unable to bring the parties to mediation and unwilling to issue a determination against the company the subject of complaint.

In the more than ten years since its establishment, the ANCP is yet to make a single determination against a company the subject of complaint.

In my meetings with Treasury, the department confirmed that until recently, one public servant was tasked with running the ANCP, who already had a full-time load of other work. Treasury also disclosed this single staff member, with no expertise in the area, was expected to deal with complex human rights complaints involving some of Australia’s biggest companies, around their primary role, with no dedicated budget.

To provide a point of comparison, the Dutch NCPhas two full-time staff, as well as other staff who have responsibilities to the NCP as part of their other duties, and receives an additional €900,000 over three years to promote corporate ethics. It is advised by four independent members and four advisory members from the government departments most relevant to business and human rights. Australia’s NCP receives no such independent advice.

The cases brought to the ANCP include a complaint regarding ANZ’s alleged financing of logging in Papua New Guinea and alleged forced evictions at a coal mine in Colombia jointly owned by BHP Billiton.

What needs to change

There are several ways the ANCP can improve its functioning and provide access to remedy. Top amongst these are: improving the independence of the ANCP and properly resourcing it, improving the process for handling complaints and increasing transparency.

If there was ever a time that the much neglected ANCP has a chance of being reformed, it is now. Australia is making a bid for a seat on the United Nations Human Rights Council this year.

Modern slavery – especially the extent to which it taints the supply chains of Australian businesses and businesses operating in Australia – is the subject of a parliamentary inquiry and national attention. Hopefully this important human rights mechanism gets the attention it deserves.

Shelley Marshall, Vice Chancellor’s Senior Research Fellow, expert in corporate accountability, RMIT University

This article was originally published on The Conversation. Read the original article.

China: Persecution News Update

The links below are to articles reporting on persecution and associated news from China (the most recent are at the top)

For more visit:
– http://www.chinaaid.org/2015/07/zhejiang-officials-continue-removing.html
– http://www.rfa.org/english/news/china/china-crosses-07292015101743.html
– http://www.voanews.com/content/chinas-president-uses-law-to-tighten-grip-on-power/2883135.html
– http://chinachange.org/2015/07/29/interview-with-a-wenzhou-pastor-the-chinese-governments-large-scale-destruction-of-crosses-in-zhejiang-province/
– http://www.ucanews.com/news/crackdown-on-christianity-in-china-but-for-what-purpose/73986
– http://www.chinaaid.org/2015/07/officials-detain-members-of-recently.html
– http://www.asianews.it/news-en/Christians-respond-to-demolitions-in-Zhejiang-with-a-%E2%80%98Make-and-carry-the-cross-campaign-34884.html

North Korea and Human Rights Abuses

The link below is to an article that reports on the human rights abuses of North Korea.

For more visit:

http://dynamic.csw.org.uk/article.asp?t=press&id=1556

Vietnam: Human Rights Abuses

The abuse of human rights in Vietnam continues unabated.

For more visit:
http://www.christiantelegraph.com/issue15269.html

Burmese Army Oppresses Chin Christians, Study Says

Report shows widespread abuses, including murder, rape and forced labor.

DUBLIN, January 19 (CDN) — Burmese soldiers are systematically using forced labor, torture and rape to persecute majority-Christian residents of Chin state in western Burma, according to a report released today.

Entitled, “Life Under the Junta: Evidence of Crimes Against Humanity in Burma’s Chin State,” the report by Physicians for Human Rights (PHR) documented “extraordinary levels of state violence” against the Chin ethnic population in Burma, also called Myanmar.

Due to the influence of U.S. missionaries last century, the Chin are estimated to be 90 percent Christian, and the study indicates that it is therefore difficult to separate religious attacks from ethnic and other human rights abuses. Persecution of Christians is reportedly part of a wider campaign by the Burmese junta to create a uniform society in which the only accepted religion is Buddhism, according a 2007 government memo circulated in Karen state giving instructions on how to drive Christians out of the state.

Respondents who were specifically targeted for their Christian faith and ethnicity said soldiers had threatened them with the destruction of their homes or villages and threatened to harm or kill family members. A total of 71 households from 13 of 90 villages and towns surveyed also said government authorities had destroyed their local church buildings.

The most brutal attacks included the forced conscription, abduction or murder of children under the age of 15, and the rape of men, women and children. Burmese soldiers, locally known as the Tatmadaw, also confiscated food, livestock and other property and forced families to grow the cash crop jatropha, used to produce biofuel, instead of food crops required for basic survival. The study states that this caused many Chin to flee across land borders to India or Bangladesh.

Burmese soldiers were responsible for 94.2 percent of all specifically ethnic and religious incidents in the survey, supporting claims by advocacy organizations such as Christian Solidarity Worldwide that the military government is systematically working to “cleanse” Burma of ethnic and religious minorities.

Government agents also placed votes for Chin residents during national elections last November, warning them that soldiers in a nearby camp were ready to arrest them if they complained, and ordered a church to close after the pastor refused to wear a campaign T-shirt. (See “Burmese Officials Order Closure of Chin Church,” Nov. 18, 2010.)

When asked why the Burmese army acted as it did, 15 percent of respondents answered, “Because we are Christians.” Another 23 percent replied, “To persecute us,” and a further 23 percent said, “Because we are Chin.”

The report confirms evidence submitted to the United Nations for Burma’s Universal Periodic Review, to take place in Geneva from Jan. 24 through Feb. 4, that holds the ruling military junta responsible for widespread abuse of its citizens.

 

‘Crimes Against Humanity’

PHR and five partner organizations, including the Chin Human Rights Organization (CHRO), used scientific methods to carry out the survey in the early months of 2010, training 23 local surveyors to question a random sample of 621 households across all nine townships in Chin state. PHR identified the households only by survey number to protect their identity.

Those interviewed reported a total of 2,951 incidents in the previous 12 months, of which 95 percent were carried out by the Tatmadaw, local government officials, Burmese police or border security forces.

The report made a clear distinction between internationally recognized “crimes against humanity” and general human rights violations. Of the crimes against humanity, the most prevalent was forced labor for 91.9 percent of those surveyed, followed by ethnic-religious persecution at 14 percent. After these crimes came arbitrary arrest, detention or imprisonment at 5.9 percent, abduction at 4.8 percent, torture at 3.8 percent, rape or other sexual violations at 2.8 percent, murder at 1 percent and miscellaneous abuses at 0.2 percent.

As for lesser human rights violations, 52.5 percent of households surveyed reported livestock killed, 50.6 percent were forced to give food, 42.8 percent forced to give money, 12.8 percent had property attacked or destroyed, 11.2 percent had family members beaten and 9.1 percent had family members wounded from gunshots, explosions or deadly weapons.

In many cases, people suffered from the full range of human rights violations.

Six households, or 1 percent of those surveyed, reported family members killed by the Tatmadaw in 2009, with two households reporting multiple family members killed, and two of the victims being under the age of 15. Three of the six households believed they were specifically targeted because of their ethnicity and Christian faith.

An elderly grandfather who spoke to PHR in March 2010 said he felt depressed and helpless after a year when the Tatmadaw killed an 18-year-old family member and forced others in the family to build roads, porter supplies and carry weapons, threatening to kill them if they refused. The military also stole livestock, demanded food supplies, and forced the family to grow a single crop rather than food crops needed for basic survival.

“We dare not refuse the Tatmadaw, as even mothers with little children are beaten,” one respondent said.

Burmese soldiers tortured more than one person in the family of a 46-year-old man, while local government authorities forced them to relinquish livestock, food and money. Seventeen percent of torture victims and 29 percent of rape victims were under the age of 15.

A 36-year-old father of five in Paletwa township said Burmese soldiers had raped more than one member of his family at knifepoint within the past year, arbitrarily detained another member of the household at gunpoint, conscripted a family member into the army and burned down the church that once stood in his village.

In a foreward to PHR’s report, Richard Goldstone, a PHR board member and former U.N. chief prosecutor, and the Rev. Desmond Tutu of Chairman of The Elders, an independent group of prominent global leaders, urged that a U.N. commission of inquiry be established to investigate reports of human rights violations in Burma.

“It is unconscionable that suffering as dire as that of the Chin people under Burma’s dictatorship should be allowed to persist in silence,” they wrote.

They also urged Burma’s immediate neighbors and trade partners to use the occasion of Burma’s Universal Periodic Review to discuss the violations committed in Chin state and elsewhere in Burma, and work towards an alternative ‘roadmap’ to democracy for the Burmese people.

Report from Compass Direct News

Burmese Officials Order Closure of Chin Church

Government punishes pastor for refusing to wear campaign T-shirt, amid other election abuses.

DUBLIN, November 18 (CDN) — Officials in Mergui Region, Burma, ordered a Baptist church to cease holding worship services after the pastor refused to wear an election campaign T-shirt supporting the military government’s Union Solidarity and Development Party (USDP).

The election commission summoned 47-year-old Pastor Mang Tling of Dawdin village, Gangaw township, Mergui Region on Nov. 9, two days after the election and ordered him to stop holding services and discontinue the church nursery program, the Chin Human Rights Organization (CHRO) reported yesterday.

The CHRO works against human rights abuses, including religious discrimination, for the Chin people, a minority group in Burma’s northwest estimated to be 90 percent Christian.

Village headman U Than Chaung had given the pastor a campaign T-shirt to wear in support of the USDP, and when he refused to wear it, the headman filed a report with local authorities accusing him of persuading Christian voters to vote in favor of an opposing party.

Under Burmese law, religious leaders can be penalized for “engaging in politics,” giving the pastor a solid legal reason to decline the T-shirt. The law also bans leaders of religious groups from voting in national elections, according to the CHRO, although lay members of those groups are able to vote.

“The election law is quite vague,” a CHRO spokesman told Compass today. “One of the things we were watching out for during the election was to see if church elders or council members might be excluded from voting. But these people were able to vote. The law seems to apply only to pastors, monks and imams.”

Officials interrogated Mang Tling in Gangaw until Sunday (Nov. 14), when he was allowed to return home.

Meantime, the USDP won the election amid widespread evidence of “advance” voting and other forms of voter manipulation throughout Burma.

Previously known as the Union Solidarity and Development Association, and before that the State Peace and Development Council, the USDP was formed by a ruling junta composed largely of army generals. The junta has ruled Burma without a constitution or parliament since 1998, although in 2008 they pushed through support for a new constitution that will take effect following this month’s elections, according to the 2010 International Religious Freedom report released yesterday by the U.S. Department of State’s Bureau of Democracy, Human Rights and Labor.

The new constitution forbids “abuse of religion for political purposes,” the report stated. Election laws published in March also banned members of religious orders from voting for or joining political parties and reserved 25 percent of seats in the new parliament for members of the military.

The 2008 constitution “technically guarantees a degree of religious freedom. But then, it’s Burma,” a CHRO spokesman told Compass.

 

Voter Intimidation

The Chin National Party defeated the USDP in three electorates in Chin state despite reports of widespread voting anomalies, some of which were outlined in a CHRO press release on Nov. 7.

In Tedim township northern Chin state, for example, USDP agent Go Lun Mang went to the home of a local resident at 5 p.m. the day before the election and told the family that he had already voted on their behalf in favor of the USDP. He added that soldiers in a nearby camp were ready to arrest them if they complained.

On Nov. 5, the local government had already ordered village officials to instruct residents to vote for the USDP. On Nov. 7, the day of the election, USDP agents in campaign uniforms stood at the gate of the polling station in Tedim and asked voters if they intended to vote for the USDP. Those who said yes were allowed into the station, while those who said no were refused entrance.

USDP agents also warned Chin voters in Thantlang town that they should vote for the USDP “while the door was open” or they would regret it, Burma News International reported on Nov. 5.

David Mathieson, a senior researcher for Human Rights Watch (HRW), said the intimidation indicated that the junta and the USDP knew how unpopular they were.

Reports by the CHRO show a long history of discrimination against the majority Christian Chin, including the destruction of crosses and other Christian monuments, state-sponsored efforts to expand Buddhism, forced contributions of finance and labor to Buddhist construction projects, arrest and detention, torture and particularly harsh treatment of pastors. In addition, officials have refused construction for all new church building projects since 2003.

A report issued by HRW in January confirmed serious and ongoing abuses against Chin Christians.

One Chin pastor interviewed by HRW described how soldiers held him at gunpoint, forced him to pray in a Buddhist pagoda and told him that Burma was a Buddhist country where Christianity should not be practiced. (See “Report Documents Abuse of Chin Christians,” Feb. 20.)

 

SIDEBAR

Suu Kyi’s Release Stirs Guarded Hope among Burma’s Christians

NEW DELHI, November 18 (Compass Direct News) – The release of democracy leader Aung San Suu Kyi from house arrest in Burma on Saturday (Nov. 13) has sparked cautious optimism about human rights among Christians and the country’s ethnic minorities even as the junta does battle with armed resistance groups.

Freeing her six days after elections, the military regime of Burma (also known as Myanmar) kept 1991 Nobel Peace Prize Laureate Suu Kyi from running in the country’s first election in 20 years, but ethnic minorities are still “very happy” and “enthused with hope and anticipation,” said Plato Van Rung Mang, who heads the India chapter of Chin Human Rights Organization.

Suu Kyi is the only leader from the majority Burmese community – predominantly Buddhist – who is trusted by the ethnic minorities, said Mang, an India-based Christian originally from Burma’s Chin state, which borders India.

“We have faith in Suu Kyi’s honesty and leadership, and she has been our hope,” he added.

The ethnic Chin, Kachin, Karen and Karenni people – many of whom are Christian – as well as mostly Buddhist ethnic Shan, Mon and Arakanese (some of them Muslim) people have been fighting for self-determination in their respective states and opposing the military junta’s policy of centralized control and Burmese dominion.

“We trust that Suu Kyi can fulfill her father’s ideal and political principles which have been subverted by the Burmese military junta’s Burmanization policy,” said Mang. Suu Kyi’s father, Aung San, was the nation’s leader at the time of independence and favored autonomy for ethnic minorities.

“Just as her father was trusted and held in high esteem by the ethnic people, Aung San Suu Kyi also has the ability to work together with the minorities to build a better, peaceful Burma where the human rights of all citizens are respected and protected,” said Garrett Kostin, a U.S. citizen who runs the Best Friend Library, built by a Buddhist monk in support of Suu Kyi, in Chiang Mai in northern Thailand.

While sections of the ethnic communities have been involved in armed resistance against the junta’s rule, many local residents in the region remain unarmed but are also at risk of being killed in the post-election conflict.

In the wake of the Nov. 7 election, as expected (See “Burma’s Ethnic Christians Fear Bleak Future after Election, Oct. 22), clashes between armed ethnic groups and the Burmese army erupted in three of the seven ethnic states – Karen, Shan and Mon – mainly along Thailand and China border, reported Thailand-based Burma News International. The violence has resulted in an influx of over 20,000 people into Thailand – the largest flow in the last five years.

According to US-based Refugees International, the Thai government forced many of the asylum seekers back.

There are also tensions in Kachin and Karenni states, which could erupt at any time, between the Burmese army and the Democratic Karen Buddhist Army, the Karen National Union, the Kachin Independence Army, the Shan State Army-North, and the Karenni National Progressive Party.

Rights advocates, however, were still heartened by Suu Kyi’s release.

It’s “a wonderful opportunity for the ethnic minorities of Burma to unify in support of each other’s rights and desires,” said Kostin.

In September 2007, many Buddhist monks joined democracy activists in street protests against the military regime’s decision to cut fuel subsidies, leading to a sharp rise in gas and diesel prices. Known as the Saffron Revolution, the protests resulted in hundreds of deaths as government security personnel resisted it militarily.

In numerous clashes between the repressive military regime and political opponents and ethnic minorities, over 3.5 million Burmese have been displaced and thousands killed over the years.

Suu Kyi will continue to enjoy the trust of ethnic minorities because “she has been working so hard since the beginning [of her political career] to speak out about the plight of ethnic people with an honest and sincere commitment,” said Bangkok-based Soe Aung, deputy secretary for Foreign Affairs of the Forum for Democracy in Burma.

Chiang Mai-based Christian relief group Free Burma Rangers (FBR) recalled that Suu Kyi, the general secretary of the National League for Democracy, along with allies won more than 80 percent of the seats in parliament “in Burma’s only truly democratic election” in 1990. “The military regime, however, did not recognize the results and continued to hold power,” it said in a statement.

Last week’s election was “neither free nor fair,” FBR said, adding that “thousands of political prisoners [estimated at 2,200] are still in jail, ethnic minorities are attacked [on a regular basis], and the people of Burma remain under oppression.

“Still, we are grateful for the release of Aung San Suu Kyi as she is a leader who gives real hope to the people of Burma.”

An FBR team leader who spoke on condition of anonymity recalled Suu Kyi requesting his prayers when he met with her during a brief period when she was not under house arrest in 1996.

“The Global Day of Prayer for Burma and the ethnic unity efforts we are involved in are a direct result of that meeting,” the leader said. “As she told me then, one of her favorite quotes is, ‘You will know the truth, and the truth will set you free.’”

Some Christians, however, remained cautious.

“Although San Suu Kyi wants Burma to be a true federal country, there is no certainty in the hearts of the Karen people because they have suffered for very long, and the so-called Burmese have turned their backs on them several times,” said a Karen Christian from Chiang Mai who identified himself only as Pastor Joseph.

La Rip, a Burmese activist in China, also said that while Suu Kyi deserved to enjoy freedom, she and her party “do not seem to have a clear idea on how to solve the long-standing issues” related to ethnic minorities.

For her part, Suu Kyi spelled out a plan to hold a nationwide, multi-ethnic conference soon after she was freed. Her father held a similar meeting, known as the Panglong Conference, in 1947. Aung San, then representing the Burmese government, reached an agreement with leaders from the Shan, Kachin and Chin states to accept full autonomy in internal administration for the ethnic controlled frontier areas after independence from Britain.

Suu Kyi’s planned conference is seen as the second Panglong Conference, but it remains uncertain if the new Burmese regime, which is likely to be as opposed to ethnic minorities as the junta, will allow her plan to succeed.

In the awaited election results, the junta’s proxy party, the Union Solidarity and Development Party (USDP), is likely to have majority in parliament to form the next government. Suu Kyi’s party had been disbanded by the military regime, and only a small splinter group ran in the election.

It is also feared that Suu Kyi, who was under house arrest for nearly 15 years since 1990 until her release last weekend, could face assassination attempts or fresh charges followed by another term under arrest.

Burma has a population of around 50 million, out of which around 2.1 million are estimated to be Christian.

Report from Compass Direct News

Chinese religious freedom activist awarded Nobel Peace Prize

A Chinese human rights dissident and democracy advocate was awarded this year’s Nobel Peace Prize on Friday, reports Peter J. Smith, LifeSiteNews.com.

Liu Xiaobo is the architect of a pro-democracy and human rights manifesto called Charter 08, which called for basic freedoms such as freedom of religion, assembly, protection of private property, and the guarantee of rights outlined under the U.N.’s Declaration of Universal Human Rights.

Authorities arrested Liu two days before the Charter’s December 8, 2008 release and charged him with "inciting the subversion of state power." After declaring him guilty, a Chinese court sentenced Liu on Christmas Day 2009 to 11 years in prison.

The Nobel committee in particular cited Liu’s pacifism in challenging communist China’s human rights abuses and calling for democratic reforms.

Liu was nominated in part by eight U.S. lawmakers who praised his work and suffering for human rights in China.

On behalf of himself and seven other U.S. Congressman, Rep. Chris Smith (R-N.J.) recommended that the Nobel Peace Prize Committee recognize not only Liu, but jointly award the prize to two other human rights activists, Chen Guangcheng and Gao Zhisheng, who have been persecuted specifically for fighting China’s brutal policy of forced abortion and sterilizations under the “one-child” policy.

Chen is a blind self-taught lawyer, who took the burden upon himself to defend local Chinese peasant women from forced sterilization and their children from forced abortion by local government authorities.

Gao, a Beijing attorney committed to defending human rights in China, was one of Chen’s lawyers. On February 4, 2009, Gao went missing under suspicious circumstances.

Geng He, Gao’s wife, told the Associated Press that she has not spoken to her husband since April and fears for his safety.

The Chinese Foreign Ministry has blasted the Nobel committee’s selection of Liu, calling the award a “blasphemy” and Liu a “criminal.”

"The Nobel Peace Prize is meant to award individuals who promote international harmony and friendship, peace and disarmament. Liu Xiaobo is a criminal who has been sentenced by Chinese judicial departments for violating Chinese law,” the ministry said on its website. “Awarding the peace to Liu runs completely counter to the principle of the award and is also a blasphemy to the Peace Prize."

The AP reports that news of Liu’s Nobel award has been blacked out in China. It added that Liu Xia, his wife, is guarded in her Beijing apartment by police, who have forbidden her from meeting with reporters.

Liu’s wife, who is able to communicate by telephone and electronic media, told CNN that she intends to visit him in prison soon to inform him of the prize, and encourage him. She hopes to be able to visit Norway to collect the award on his behalf.

Last year’s Nobel Peace Prize recipient was President Barack Obama, who was nominated shortly after his presidential inauguration. Obama praised Liu for his sacrifice in a statement and called upon Chinese authorities to release him from prison.

“By granting the prize to Mr. Liu, the Nobel Committee has chosen someone who has been an eloquent and courageous spokesman for the advance of universal values through peaceful and non-violent means, including his support for democracy, human rights, and the rule of law,” said Obama.

Report from the Christian Telegraph

Vietnam stepping up religious rights abuses, experts say

Government-perpetrated violence against a Catholic village in Vietnam has highlighted a series of human rights abuses in the communist nation, and three U.S. congressmen are calling on the United Nations to intervene, reports Baptist Press.

"A few months ago during a religious funeral procession, Vietnamese authorities and riot police disrupted that sad and solemn occasion, shooting tear gas and rubber bullets into the crowd, beating mourners with batons and electric rods," Rep. Chris Smith, R.-N.J., said at a hearing of the Tom Lantos Human Rights Commission in August.

"More than 100 were injured, dozens were arrested and several remain in custody and have reportedly been severely beaten and tortured. At least two innocent people have been murdered by the Vietnamese police," Smith said.

The Con Dau tragedy, Smith said, "is unfortunately not an isolated incident." Property disputes between the government and the Catholic church continue to lead to harassment, property destruction and violence, Smith said, referring to a report by the U.S. Commission on International Religious Freedom.

"In recent years, the Vietnamese government has stepped up its persecution of Catholic believers, bulldozing churches, dismantling crucifixes and wreaking havoc on peaceful prayer vigils," Smith said.

Persecution is not limited to Catholics, though, as Smith had a list of nearly 300 Montagnard political and religious prisoners. In January, the Vietnamese government sentenced two Montagnard Christians to 9 and 12 years imprisonment for organizing a house church, and others have been arrested in connection with house churches, Smith said.

"The arrests were accompanied by beatings and torture by electroshock devices," the congressman said. "We must not forget the sufferings of Khmer Krom Buddhists, Cao Dai, Hoa Hao, the Unified Buddhist Church of Vietnam and others. The said reality is that the Vietnamese government persecutes any religious group that does not submit to government control."

The violence in the 80-year-old Catholic village of Con Dau in central Vietnam reportedly stemmed from a government directive for residents to abandon the village to make way for the construction of a resort.

International Christian Concern, a Washington-based watchdog group, reported that when Con Dau residents refused to leave, water irrigation was shut off to their rice fields, stopping the main source of income and food.

In May, police attacked the funeral procession, beating more than 60 people, including a pregnant woman who was struck in the stomach until she had a miscarriage, ICC said.

One of the funeral procession leaders later was confronted by police in his home, where they beat him for about four hours and then released him. He died the next day, ICC said. Eight people remain in police custody and are awaiting trial.

"The people of Con Dau are living in desperate fear and confusion," Thang Nguyen, executive director of an organization representing Con Dau victims, told ICC. "Hundreds of residents have been fined, and many have escaped to Thailand."

Smith, along with Rep. Joseph Cao, R.-La., and Frank Wolf, R.-Va., introduced a House resolution in July calling for the United Nations to appoint a special investigator to probe "ongoing and serious human rights violations in Vietnam." In August, the Lantos Commission met in emergency session to address the "brutal murders and systematic treatment of Catholics in Con Dau."

"The Vietnamese government justifies this violence, torture and murder because the villagers of Con Dau had previously been ordered, some through coercion, to leave their village, property, church, century-old cemetery, their religious heritage, and to forgo equitable compensation in order to make way for a new ‘green’ resort," Smith said at the hearing. "Nothing, however, not even governmental orders, grant license for government-sanctioned murder and other human rights abuses."

The U.S. Department of State declined to testify before the Lantos Commission, and the U.S. ambassador to Vietnam characterized the Con Dau incident as a land dispute and refused to get involved.

Logan Maurer, a spokesman for International Christian Concern, told Baptist Press he has publicized about 10 different incidents of persecution in Vietnam during the past few months.

"In some cases, especially in Southeast Asia, religious persecution becomes a gray area. We also work extensively in Burma, where often there are mixed motives for why a particular village is attacked," Maurer said. "Is it because they’re Christian? Well, partially. Is it because they’re an ethnic minority? Partially.

"So I think the same thing happens in Vietnam where you have a whole village that’s Catholic. One hundred percent of it was Catholic," he said of Con Dau.

Maurer explained that local government officials in Vietnam generally align Christianity with the western world and democracy, which is still seen as an enemy in Vietnam on a local level.

"As far as the official government Vietnamese position, that’s different, but local government officials do not take kindly to Christians and never have. We have documented many cases of government officials saying Christianity is the enemy. So here it’s mixed motives as best we can figure out," Maurer said.

"They wanted to build a resort there, and they could have picked a different village but they chose the one on purpose that was Catholic because it represents multiple minorities — minority religion, minority also in terms of people that can’t fight back. If they go seek government help, the government is not going to help them."

A Christian volunteer who has visited Vietnam five times in the past decade told Baptist Press the Con Dau incident illustrates the way the Vietnamese government responds to any kind of dissent.

"In our country, and in modern democracies, there are methods for resolving disputes with the government, taking them to court, trying to work through the mediation process," the volunteer, who did not want to be identified, said. "In Vietnam there is no such thing. It is the government’s will or there will be violence."

Vietnam’s constitution includes a provision for religious liberty, but the volunteer said that only goes as far as the communal will of the people, which is monopolized by the Communist Party.

"So when the Communist Party says you can’t build a church there or you can’t worship this way, those who say, ‘Well, I have religious freedom,’ are essentially trumped by the constitution that says it’s the will of the people, not individual liberty that’s important," the volunteer said.

The government in Vietnam has made efforts during the past 15 years to open up the country to economic development, and with that has come an influx of some western values and a lot of Christians doing work there, the volunteer said.

"I would first caution Christians to still be careful when they’re there working," he said, adding that government officials closely watch Christians who visit from other countries, and books about Jesus cause trouble.

Secondly, the volunteer warned that all news emerging from Vietnam must be tested for accuracy on both sides because both those who are persecuting and those who are sounding the alarm on persecution have their own political goals.

"That being said, I don’t doubt that this happened," the volunteer said regarding Con Dau.

International Christian Concern urges Americans to contact the Vietnamese Embassy in Washington at 202-861-0737, and the Christian volunteer said people can contact the U.S. Commission on International Religious Freedom to encourage changes in Vietnam.

"They can also directly e-mail the ambassador and the consular general in Ho Chi Minh City and encourage them to push for more reform," he said. "And they can contact companies that are having products made in Vietnam and encourage the business leaders to speak out for change in those countries. You go to JC Penney today in the men’s department and pick up almost anything, it’s made in Vietnam. That’s the kind of pressure they could put on them."

Report from the Christian Telegraph

Family of 17-Year-Old Somali Girl Abuses Her for Leaving Islam

Young Christian beaten, shackled to tree.

NAIROBI, Kenya, June 15 (CDN) — The Muslim parents of a 17-year-old Somali girl who converted to Christianity severely beat her for leaving Islam and have regularly shackled her to a tree at their home for more than a month, Christian sources said.

Nurta Mohamed Farah of Bardher, Gedo Region in southern Somalia, has been confined to her home since May 10, when her family found out that she had embraced Christianity, said a Christian leader who visited the area.

“When the woman’s family found out that she converted to Christianity, she was beaten badly but insisted on her new-found religion,” said the source on condition of anonymity.

Her parents also took her to a doctor who prescribed medication for a “mental illness,” he said. Alarmed by her determination to keep her faith, her father, Hassan Kafi Ilmi, and mother, Hawo Godane Haf, decided she had gone crazy and forced her to take the prescribed medication, but it had no effect in swaying her from her faith, the source said.

Traditionally, he added, many Somalis believe the Quran cures the sick, especially the mentally ill, so the Islamic scripture is continually recited to her twice a week.

“The girl is very sick and undergoing intense suffering,” he said.

Her suffering began after she declined her family’s offer of forgiveness in exchange for renouncing Christianity, the source said. The confinement began after the medication and punishments failed.

The tiny, shaken Christian community in Gedo Region reports that the girl is shackled to a tree by day and is put in a small, dark room at night, he said.

“There is little the community can do about her condition, which is very bad, but I have advised our community leader to keep monitoring her condition but not to meddle for their own safety,” the source told Compass. “We need prayers and human advocacy for such inhuman acts, and for freedom of religion for the Somali people.”

Somalia’s Transitional Federal Government generally did not enforce protection of religious freedom found in the Transitional Federal Charter, according to the U.S. Department of State’s 2009 International Religious Freedom Report.

“Non-Muslims who practiced their religion openly faced occasional societal harassment,” the report stated. “Conversion from Islam to another religion was considered socially unacceptable. Those suspected of conversion faced harassment or even death from members of their community.”

Report from Compass Direct News

Chinese Christian Rights Activist Gao Zhisheng Released

Church likely to face another harsh year, report says.

DUBLIN, April 9 (CDN) — Christian human rights activist Gao Zhisheng, kidnapped by state security agents on Feb. 4, 2009, has been released, though he appears unable to move or speak freely.

On Tuesday (April 6) Gao told Bob Fu, president of the U.S.-based China Aid Association (CAA), by telephone that he had just returned to his Beijing apartment from his guarded location in Shanxi Province.

“Gao Zhisheng and his family have suffered deeply from the long separation,” Fu stated on CAA’s website. “Despite the persecution, he continues to trust the Lord.”

On Jan. 9, 2009, less than a month before Gao was abducted in his home village in Shaanxi Province, his family members began their escape from China. His wife, Geng He, along with then 16-year-old daughter Geng Ge and then 5-year-old son Gao Tianyu, arrived on foot to Thailand and eventually reached New York City on March 14, 2009.

With Fu and with reporters from The Associated Press (AP) this week, Gao declined to discuss his physical condition or how he was treated during his captivity. He told the AP that by leaving his role as a critic of human rights violations in China, he hopes to be re-united with his family.

“Gao is still not able to speak or move freely,” Fu said on the CAA website. “We urge the Chinese government now to allow Gao Zhisheng to be reunited with his family. It is his right, according the Chinese law, to be able to see them, since he has broken no laws during his time of probation.”

Gao’s disappearance had drawn protests from international human rights groups, U.S. and British officials and the United Nations. He had defended house church Christians and coal miners as well as members of the banned Falun Gong, which fuses Buddhist-inspired teachings with forms of meditation. In 1999 Beijing banned it as an “evil cult.”

Early in 2009, Gao authorized CAA to release his account of 50 days of torture by state-sponsored thugs in September and October of 2007. Gao had written the account in November 2007 while under house arrest in Beijing after prolonged beatings and electric shocks on his mouth and genitals.

Gao’s suffering in the fall of 2007 followed an open letter he wrote to the U.S. Congress describing China’s torture of Falun Gong members and other human rights abuses.

Another Harsh Year Expected

Chinese Christians can expect more attacks on large urban churches, more harsh punishments for house church leaders and tighter control of registered churches this year, according to CAA.

In a report summarizing persecution it monitored in 2009, CAA identified five key trends in China’s management of Protestant Christianity.

Authorities last year specifically targeted house church leaders, sometimes handing out harsh sentences and fines; carried out violent raids on large urban churches; attempted to disrupt regular worship meetings and tightened control of churches registered with the government-approved Three-Self Protestant Movement (TSPM).

In response, some urban churches engaged in a “power encounter” with local governments, refusing to quietly allow officials to close or destroy their meeting places, CAA noted. For example, almost 1,000 members of Beijing Shouwang church on Nov. 1 worshiped in Haidian Park during a snowstorm after officials pressured Huajie Plaza managers not to renew the church rental contract.

These trends were confirmed by a Chinese House Church Alliance (CHCA) report, released in December, which described harassment and arrest of church leaders, violent raids on house churches and the oppression of TSPM churches.

While CAA reported only 77 incidents in 2009, these occurred throughout China, giving a broad indication of the status of Protestant Christians, particularly those in unregistered churches. A total of 2,935 people were affected in these incidents, a 44.8 percent increase from 2008. Of these, 389 were arrested, a decrease in arrests of 49 percent; and 23 were sentenced to prison, a decline of 34 percent.

Of the 389 people arrested, 211 were church leaders. Several received harsh prison sentences and fines, including Beijing bookstore owner and church leader Shi Weihan, who on June 12 was sentenced to three years in prison and fined 150,000 RMB (US$21,945). Xinjiang officials on Aug. 6 sentenced Uyghur church leader Alimjan Yimit (Alimujiang Yimiti in Chinese) to 15 years in prison, while a day later, officials in Inner Mongolia sentenced church leaders Li Ming-shun and Zhang Yong-hu to 10 and seven years respectively, with fines of 30,000 (US$4,390) and 20,000 (US$2,925) RMB.

A court in Shanxi Province in November awarded five Linfen church pastors sentences ranging from three to seven years, with fines ranging from 10,000 to 50,000 RMB (US$1,462 to US$7,315). A further five pastors were sentenced to two years in labor camp.

At least 400 paramilitary police violently raided the Fushan county branch of Linfen church on Sept. 13, injuring a few dozen church members, confiscating Bibles and money and damaging church property. A similar raid was carried out on another large church in Shanxi Province in November.

Authorities also sealed or destroyed both house church and TSPM church buildings. In one prominent case last June, officials in Chengdu city, Sichuan Province declared Quiyu church to be an illegal organization, forcing the church to close and confiscating church property.

Officials in Rizhao city, Shandong province, raided a training event at a TSPM church and de-registered two church meeting places, CAA reported, while CHCA reported that officials tore down the meeting place of Changchun church in Ninan city, Shandong Province, giving only token compensation.

Churches in ‘Grey’ Zone

Chinese scholar and former policy writer Liu Peng believes the government is attempting to remove the “grey” zone in Protestant Christianity, where some churches operate openly without legal status.

China now permits churches to bypass joining the TSPM when registering, but many house church groups reject this solution. Leaders would prefer churches to be in one camp or the other, Liu said in a December interview with the China Daily.

In predicting harsher treatment this year, CAA quoted Wang Zuoan, head of the State Administration for Religious Affairs, who in January told Oriental Outlook that the “reluctance, intimidation and inability” of local governments to deal with religious issues must be addressed.

If these words represent China’s religious policy direction in 2010, churches are likely to be targets of greater persecution, CAA concluded.

Report from Compass Direct News