Judges Rule Church in Bekasi, Indonesia Can Worship

Court revokes decree prohibiting Christian activities of HKBP Filadelfia.

JAKARTA, Indonesia, September 15 (CDN) — A court in West Java Province has revoked a local decree that forbade Christian activities of a church in Bekasi and has ordered officials to allow the Christians to establish a place of worship.

After months of conflict and legal battles, the State Administrative Court in Bandung on Sept. 3 revoked the Dec. 31, 2009 decree prohibiting Christian activities of Batak Christian Protestant Filadelfia Church (Huria Kristen Batak Protestant, or HKBP Filadelfia) in Jejalan village, Bekasi. The church had argued that the decree, along with the closure of their worship building on Jan. 12, resulted from pressure by Islamist groups that did not represent the wishes of the area residents.  

The Rev. Palti Panjaitan of HKBP Filadelfia said he was happy that the church at last had found fair authorities who based their decisions on the rule of law, “unlike the regent of Bekasi, who often has been unjust in making a decision by tending to side with a small group of people.”

Since 2008 HKBP Filadelfia has sought permission for a place of worship from Bekasi Regent H. Sa’duddin, who declined to grant it under pressure from a small group of Islamists called the Forum Islamic Ummah Jejalen Raya Bekasi, according to church leaders. The group succeeded in pressuring the Bekasi district to seal the church’s temporary worship place on Jan. 12.

As a result, the church had been holding services on a strip of roadside land in front of the temporary site, using umbrellas to protect them from the intense heat of the sun and from sudden rainstorms.

The judges, identified only as Setiobudi, Irna, and Susilowati, ruled that the regent of Bekasi should issue a permit for the church to establish a place of worship.

“This point is important because if the regent of Bekasi does what the judge said, then we will build our church and no longer serve in the hot sun and the rains that sometimes come unexpectedly,” Pastor Panjaitan said.

He said the church will give notice to the area residents, government officials and security forces to accept the decision of the administrative court.

The regent was given 14 days to appeal, and a member of the church legal team, Parasian Hutasoit, said that the regent has no legal grounds to reject the judges’ decision.

“The decree of the regent of Bekasi is contrary to the constitution of 1945, which is the constitutional foundation of the Republic of Indonesia,” Hutasoit said. “The decree had violated Article 28 of the constitution, which guarantees freedom of religion. Also, it was contrary to Article 29, which guarantees freedom of worship and Law No. 39, 1999, concerning human rights.”

HKBP Filadelfia is now able to worship in the building that was sealed by the regent in January, he said.

Regent Sa’duddin had ruled that the church needed to find a new place to construct its prospective permanent church building because local residents had rejected it – even though the church had secured approval from local residents when it submitted its application for a permit in 2008.

The local government never acted on the application, and Islamist organizations organized protests to pressure government officials to deny approval. The church on March 30 filed suit against Sa’duddin for unilaterally closing their building under construction.

Hutasoit said church leaders would try to approach the regent to discuss the matter further.

“We need not hurry to do that, because all that happens is God’s plan,” he said.

If efforts prove unsuccessful, then the church leaders will proceed to enforce the judges’ ruling through legal means, he said.

Report from Compass Direct News

Nigeria: 12 people slaughtered and tongues cut out

Attackers killed 12 people on Wednesday March 17 morning in a small Christian village in central Nigeria, cutting out most of the victims’ tongues in the latest violence in a region where religious fighting already has claimed hundreds this year, officials have said, reports CISA.

The attack almost mirrored the tactics used by those who carried out similar massacres in Christian villages last week when more than 200 people were slaughtered.

Under the cover of darkness and a driving rain, raiders with machetes entered the village of Byie early Wednesday, setting fire to homes and firing gunshots into the air to drive frightened villagers into the night, witness Linus Vwi said.

He said the attackers spoke Fulani, a language used mostly by Muslim cattle herders in the region. Officials and witnesses blamed Fulani herders for the killings last week.

Fulani community leader Sale Bayari denied that Fulanis took part in those killings, though he said the community suffered a similar massacre recently.

According to AP, six people were wounded in the overnight raid and taken to a local hospital, said Mark Lipdo, leader of a regional Christian nonprofit group. He said attackers burned down 15 homes during the violence.

The dead included seven women, four children and one man, Lipdo said. It was unclear why attackers took the victims’ tongues.

State spokesman Gregory Yenlong appealed for calm, saying the government remained on top of the situation and would bring the attackers to justice. However, killings continue despite a dusk-till-dawn curfew in a region supposedly protected by Nigerian security forces.

Attacks this month came after more than 300 people were killed in the January violence in the nearby city of Jos and its surrounding villages.

Nigeria, a country of 150 million people, is almost evenly split between Muslims in the north and the predominantly Christian south.

The recent bloodshed has been in central Nigeria, in the nation’s "middle belt," where dozens of ethnic groups vie for control of fertile lands.

Rioting in September 2001 killed more than 1,000 people. Up to 700 people were killed in Muslim-Christian battles in 2004. More than 300 residents died during a similar uprising in 2008.

Report from the Christian Telegraph 

PAKISTAN: CHRISTIANS PRESSED AS MILITARY BATTLES TALIBAN

Residents flee Swat Valley where fight rages with Islamist insurgents.

ISTANBUL, May 13 (Compass Direct News) – Pakistani Christians in Swat Valley are caught between the Taliban and Pakistan’s military as it assaults the stronghold where sharia (Islamic law) rules.

Nearly 15,000 troops have been deployed in the picturesque Swat Valley in Pakistan’s North West Frontier Province (NWFP) and neighboring Afghanistan. Troops came after months of peace negotiations collapsed between the Taliban Islamist insurgents who have imposed sharia in the valley and the central government last month. Hundreds of thousands of Pakistanis have fled the war-ravaged area for fear of a full military assault.

On May 10 (Sunday) the army ordered residents to flee Swat Valley during a lull in fighting. Aid groups estimate that as many as 1.3 million could be displaced by the fighting, according to The Guardian.

Christians are particularly vulnerable in the mass exodus. Working as poor day laborers, they occupy the lowest rung of the social ladder and have little money for costly transport or to stock up on resources before fleeing.

“Christians are poor, and like in any conflict, the prices of transportation and commodities skyrocket,” said Ashar Dean, assistant director of communication of the Church of Pakistan Peshawar diocese. “Some had to go on foot to flee the valley.”

The Taliban had ratcheted up pressure on Christians, other religious minorities and liberal Muslims in Swat to live according to Islamic fundamentalist norms. They were forced to grow beards and don Islamic attire for fear of their safety in an attempt to blend in with Muslim residents of Swat.

Many Christians also fled for insufficient funds to pay the jizye, a poll tax under sharia paid by non-Muslims for protection if they decline to convert to Islam.

In February the Pakistani government ceded control of Swat valley to the Taliban, who imposed their version of sharia and established clerical rule over the legal system. But Christians had seen warning signs long before the formal sharia announcement. In the past year the Taliban burned or bombed more than 200 girls’ schools in Swat, including one that housed a Catholic church.

Religious minorities live in a precarious situation in the Muslim-dominated country. The legal system informally discriminates against non-Muslims, and in recent years Christian villages have been ransacked by Muslim mobs incited by dubious reports that a Quran had been desecrated.

The Taliban’s attempts to spread out from Swat into neighboring areas, however, have increased feelings of insecurity among the nation’s 3 million Christians.

“The threat of the Taliban is a hanging sword above the necks of Christians,” said Sohail Johnson, chief coordinator of Sharing Life Ministry Pakistan. “Christians could be in the situation where they would have to accept Islam or die.”

Swat Christians Flee

Approximately 40-60 Christian families lived in Swat as congregants at the Church of Pakistan. But since Prime Minister Yousaf Raza Gillani on April 8 announced a military mission into Swat, nearly all have fled to nearby districts.

Most are in refugee housing in Mardan in the NWFP. They stay in a technical school owned by the Church of Pakistan, a congregation composed of Anglicans, Presbyterians, Methodists and Lutherans

The school dismissed its students for the school year early to make room for the refugees. Opening its doors to the displaced Christians was necessary due to government inaction toward religious minorities, said Yousaf Benjamin of the National Commission for Justice and Peace.

“The government is giving protection to Muslims, but the Christians are through waiting for their services,” he said.

Similar measures are being employed in hundreds of schools. To provide for the massive influx in refugees, the Pakistan government ended the school year early in districts near Swat and opened the schools to refugees for temporary housing. Teachers are also assisting in the humanitarian relief effort, Benjamin said.

Some Christians have complained of facing discrimination in refugee camps. Government relief workers forbade Christians, Hindus and Sikhs from setting up tents or eating with Muslim refugees, according to online news site Christian Today.

But ultimately Christians will not be able to return to Swat Valley unless the Taliban threat is completely removed, Christian relief groups said. Their possessions and property will otherwise always be under threat.

“Christians will face terrible persecution if the Taliban is not controlled by the government,” Johnson said. “They will easily attack churches, schools and other Christian institutions.”

Rehman Malik, the interior minister, said Pakistan’s military operation would continue until the last Taliban fighter had been ousted. Since April 8, government troops have killed an estimated 751 militants.

There are believed to be 5,000 Taliban militants in Swat Valley. The government hopes to minimize civilian casualties through precision air strikes and delivering emergency humanitarian aid.

Pakistan’s government has come under harsh national and international criticism for its negotiations with the Taliban and ceding control of Swat. They fear the Taliban could seize control of the nation’s nuclear weapons.

Report from Compass Direct News

EGYPT: LAW GRANTING TWINS TO MUSLIM TO BE REVIEWED

Christian mother wins right to high court appeal regarding ruling that favored Muslim father.

ISTANBUL, February 20 (Compass Direct News) – Prosecutor General Abdel Meguid Mahmoud last week granted the mother of 14-year-old twins Andrew and Mario Medhat Ramses the right to appeal a custody decision awarding her sons to their Muslim father.

Muslim convert Medhat Ramses Labib gained custody of the boys last September, contrary to Article 20 of Egypt’s Personal Status Law, which states children should remain with their mother until age 15. The boys’ mother, Kamilia Lotfy Gaballah, won the right to appeal on Feb. 11.

“We all have a little bit of hope, new hope,” said George Ramses, the twins’ older brother. “Of course, they are a little afraid about everything, but generally they are excited.”

With support from the Egyptian Initiative for Personal Rights (EIPR), Gaballah will appeal the Family Court’s decision awarding custody to the father before the Court of Cassation. Family Court decisions are not usually given recourse to the Court of Cassation, one of Egypt’s highest courts, and require special referral from a public prosecutor.

EIPR Director Hossam Bahgat stressed that the Court of Cassation will be examining the law on which the decision was based, not the decision itself.

“The Court of Cassation will pronounce a decision on the legal rule that Christian children, when one of their parents converts to Islam, should be automatically moved to the Muslim parent’s custody,” he said. “So it is very important in terms of changing the legal rule, but according to the law it will not have a direct impact on Andrew and Mario themselves.”

Preliminary hearings are scheduled to begin on March 2.

The twins will celebrate their 15th birthday in June of this year. At 15, Egyptian children of divorcees have the legal right to choose which parent they want to live with. Ramses told Compass that he is skeptical about whether his brothers will be given this right.

“The whole law is that kids should spend the first 15 years with their mum, and then they get to choose who they want to live with,” Ramses said. “[Choosing] is the second part of the rule that was not applied to us, so we don’t know actually what will be the case.”

The boys’ father, Labib, converted to Islam in 1999 after divorcing Gaballah to marry another woman. In 2006 Labib altered the official religious status of the boys and later applied for custody.

 

Covenant Breaches

The boys are now at the center of two separate disputes, both of which have roots in the complex interaction between Islamic and secular law in Egypt: whether children should be automatically awarded to the Muslim parent, and whether they therefore should automatically convert to Islam.

Custody battles between Muslim fathers and Christian mothers have typically been instances where Islamic law has predominated over secular legislation. Sharia (Islamic law), which the Egyptian constitution declares as being the source of law, states that a non-Muslim should not have authority over a Muslim.

In the case of Andrew and Mario, this sharia provision meant that they should not be left under the jurisdiction of their non-Muslim mother. The automatic and compulsory conversion of the twins, following their father’s decision to become Muslim, is the second area of contention EIPR is working on behalf of Gaballah to resolve.

The issue once again shows the contradictory stances of Egyptian civil law, which reflects both freedom of religion and Islamic thought. A fatwa (religious edict) issued by Egypt’s Grand Mufti, Ali Gomaa, regarding the case of Andrew and Mario states, “The religion of the two children should follow their Muslim father’s, unless they change their religion with full will after puberty.”

Although this statement allows Andrew and Mario the right to choose their religion “after puberty,” conversion from Islam is not only extremely difficult in Egypt but also dangerous.

Egypt has ratified a number of human rights treaties allowing advocacy groups like EIPR recourse to international watchdogs and advisory bodies. One of these, the African Commission on Human and Peoples Rights (ACHPR), has agreed to examine the case. The commission has asked both parties to submit written statements by March in preparation for an initial hearing in May.

The European Union of Coptic Organisations for Human Rights (EUCOHR) has also weighed in, petitioning the European Parliament for help.

“We have gone to the European Parliament with a legal document detailing about 30 to 40 breaches of international covenants like the International Declaration of Human Rights,” said Ibrahim Habib, vice-chairman of EUCOHR.

Habib said he hopes involving international bodies such as these will raise the profile of the case and put pressure on the Egyptian judiciary to rule impartially. Such attention could also have positive implications for the much harassed Coptic community at large.

The report filed by EUCOHR and the U. S. Coptic Foundation for Legal Assistance, which explores violations of such pacts as the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Civil and Political Rights, ends with this statement:

“This is a call for justice and to save the two children from the coercion, persecution and injustice with which they are overburdened and, it is respectfully requested that a prompt action be taken to save those children and their future. Also, the annulment of the judgements against the two children is promptly requested.”  

Report from Compass Direct News

EGYPT: CUSTODY BATTLES BRING ISLAMIC LAW INTO QUESTION

Human rights advocates look to international arena for help.

ISTANBUL, November 24 (Compass Direct News) – Egyptian human rights workers are looking to international bodies for support against Muslim judges who use sharia (Islamic law) to undermine custody rights of Christian mothers.

Despite provisions such as Egyptian law’s Article 20, which dictates that minors should remain with their mother until age 15, judges consistently rule in favor of Muslim fathers in custody disputes with Christian mothers. Islamist judges typically resort to Article 2 of the Egyptian Constitution, which states that “principles of Islamic law are the principal source of legislation.”

Sharia-based decisions that rule contrary to Egyptian statutory law have led the Egyptian Initiative for Personal Rights (EIPR), an independent human rights organization, to protest before the African Commission on Human and Peoples Rights (ACHPR). The ACHPR was formed by the African Union to oversee the implementation of its Charter on Human and People’s Rights.

An investigation, decision and recommendation by the African Commission to the Egyptian government would lend considerable weight to the EIPR’s efforts to enforce Egyptian Personal Status Law, which states explicitly the mother’s right to custody of her children until they reach age 15.

The EIPR’s complaint before the African Commission accuses the Egyptian government of violating the African Charter on Human and Peoples’ Rights, which Egypt ratified in 1984, the human rights organization said in a Nov. 10 statement. The EIPR referred to the case of 13-year-old twins Andrew and Mario Medhat Ramses, whom an appeals court awarded to their father Medhat Ramses Labib on Sept. 24 after a custody battle.

“The government’s treatment of the boys’ mother, Kamilia Lotfy Gaballah, constituted discrimination based on her religion and violated her right to equal protection before the law,” the EIPR stated. “The case also charges that the government violated the two boys’ right to freedom of religion and contravened the state’s legal obligation to protect child rights.”

The boys’ father, Labib, converted to Islam in 1999 after divorcing Gaballah to marry another woman. In 2006 Labib altered the official religious status of the boys and later applied for custody.

“Obviously in this custody decision, it is a flagrant disregard of the Personal Status Law, which ensures custody for the mother until the children are 15 years old,” said Hossam Bahgat of the EIPR. “In this case the judiciary chose to ignore statutory law and apply their own interpretation of sharia.”

The long-running case of the twins exemplifies the problem but is in no way unique. Sisters Ashraqat Gohar, 12, and Maria Gohar, 8, were taken from their Christian mother in January and placed in the custody of their Muslim father, Wafiq Gohar, despite his criminal record and the 12-year-old’s claims that he is an alcoholic.

The court ruling referred to Wafiq Gohar’s fears that “[the girls] would cherish a religion other than Islam, eat foods that are banned in Islam and go to church” as determining factors in their decision.

“It is a big problem we are facing in Egypt,” said Naguib Gobrail, president of the Egyptian Union of Human Rights Organizations. “The decision of the court clearly stated that according to Article 2, the main source [of legislation] is sharia, so the judge cannot apply the natural law.”

More recently, 3-year-old Barthenia Rezqallah of Tanta, near Cairo, remains in her father’s custody, despite a court order that she be returned to her mother pending a final verdict. Police have turned a blind eye to the court order out of fears that the child will practice Christianity rather than Islam, said Gobrail.

Gobrail said that international pressure may be the solution.

“Maybe a connection with someone of international character connecting with President [Hosni] Mubarak is the only way,” he said, “because he has the authority to give orders to the National Assembly to issue a law to make things equal between Muslims and Copts, especially for the children.”  

Report from Compass Direct News