High Court rules Indigenous people cannot be deported as aliens, but the fight for legal recognition remains

Mick Tsikas/AAP

Kate Galloway, Griffith University and Melissa Castan, Monash University

The High Court made an important decision today about whether it is possible for Aboriginal Australians to be deported from the country if they are not citizens.

By a majority of 4:3, the court decided that

Aboriginal Australians … are not within the reach of the ‘aliens’ power conferred by s 51(xix) of the Constitution.

The outcome of the decision is clear for one of the men, Brendan Thoms, who is a registered native title holder. As such, it is beyond the power of the Commonwealth to deport him.

However, the majority was divided on the question of whether the other plaintiff, Daniel Love, was an Aboriginal person as a question of fact, and so did not make a finding about whether or not he was an “alien”.

This case is significant. In some regards, it is about questions of deportation and immigration. But, crucially, it is a constitutional law case grappling with the deeper question of whether Aboriginal and Torres Strait Islander Australians can be aliens and therefore excluded from the Australian state.

Although the decision applies to only a small number of people – Indigenous Australians who are not citizens – it has a broader impact in recognising the special status of Indigenous Australians in Australia.

Background of the case

The case involved two Aboriginal men born overseas who were ordered to be deported from Australia because they each had a criminal conviction. Both men appealed to the High Court and their cases were heard together late last year.

Love, a Kamileroi man, was born in Papua New Guinea to an Aboriginal father and PNG mother. He moved to Australia in 1984 when he was five years old, but never applied for citizenship. After serving a 12-month sentence for assault occasioning bodily harm, his permanent residency visa was cancelled by the government. He was in detention but was released in 2018 pending the High Court’s decision.

---

Read more:
Can Indigenous Australians be deported as ‘aliens’? A High Court decision will show us the strength of modern colonial power

---

Thoms, a Gunggari man and declared native title holder, was born in New Zealand to an Aboriginal mother and New Zealand father. He has lived in Australia since 1994. Like Love, his visa was cancelled after he served part of an 18-month sentence for a domestic violence assault. He has remained in immigration detention pending the court’s decision.

The Commonwealth has maintained that since the men are not citizens of Australia, the minister for Home Affairs has the power to cancel their visas and deport them. Under Section 51 (xix) of the Constitution, the Commonwealth has the power to make laws relating to “naturalisation and aliens”.

However, lawyers for the two men argued that although they are not citizens, they cannot be aliens – and therefore cannot be deported.

As a question of law, an alien is a person who owes allegiance to another country because they were born there. For people recognised as Aboriginal Australians, with longstanding connections to community, culture and traditional land, this implies they do not belong in their own country.

As Love’s lawyers argued to the court,

as a member of the Aboriginal race of Australia and the child of an Australian citizen … [he] is not an alien.

This argument suggests a new category of person described as “non-citizen non-aliens”. And under this special category, the lawyers argued, the minister would not have the constitutional right to deport them.

---

Read more:
The government’s ‘new page’ on Indigenous policy is actually just more of the same

---

The conflict in this case arises because it seems contradictory for Aboriginal people to be thought of as strangers in their own land. This is especially so for registered native title holders, such as Thoms. As a native title holder, the law recognises his connection to the land.

The basis of the men’s argument, therefore, rests on the connection of Aboriginal and Torres Strait Islander people to their country and the obvious implication of belonging.

Impact for Indigenous Australians

The court’s decision is good news for Indigenous Australians, as it expresses a new form of relationship between Indigenous people and the state – that of a “non-citizen, non-alien”.

The category will protect Aboriginal and Torres Strait Islander Australians born overseas, ensuring they will not lose their right to traditional lands because of an accident of birth. The decision upholds the law’s recognition of the importance of Indigenous Australians’ connection to, and rights over, their lands.

But it does mean that a person must be able to prove their Aboriginality before the court as a question of fact.

---

Read more:
Ken Wyatt’s proposed ‘voice to government’ marks another failure to hear Indigenous voices

---

Because Thoms is a native title holder, his circumstances were clear. The majority was divided, however, on Love’s status as an Aboriginal person, as he is not a native title holder. And there was ultimately no finding as to whether he qualifies as an alien under the law.

The case also highlights the ongoing challenges for Indigenous Australians in their fight for proper legal recognition in relations with the state.

The minister ignored the implications of these men’s Aboriginality in seeking to deport them. And the Commonwealth argued before the High Court that these men did not belong in Australia – that they were aliens. Further, three of the seven judges agreed with that argument and decided there was no special category for “non-citizen, non-aliens”.

The fact this case was brought at all indicates that the relationship between Indigenous Australians and the state remains unresolved.

Despite the majority decision, it seems First Nations peoples’ close connection with the land is still not enough on its own to guarantee their ongoing rights to be part of Australia, and to retain their ties to community and country.

This decision will be recognised as a milestone for Indigenous Australians. But the closeness of the decision and the qualified finding in relation to Love’s case means this question of belonging for non-citizen Indigenous people will likely be raised again.

Kate Galloway, Associate Professor of Law, Griffith University and Melissa Castan, Associate Professor, Law Faculty, Monash University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Latest Persecution News – 19 May 2012

Wrongful Conviction in Ethiopia Robs Christian of Children

The following article reports on the latest news of persecution in Ethiopia, where a Christian recently released from prison cannot find his children.

http://www.compassdirect.org/english/country/ethiopia/article_1541743.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Vietnamese Authorities in Hanoi Thwart Easter Celebrations

Local officials prevent events featuring U.S. evangelist Luis Palau.

HANOI, Vietnam, April 18 (CDN) — Authorities in Vietnam prevented much-anticipated public Easter celebrations in Hanoi planned for Friday and Saturday (April 15-16) after giving a verbal promise to organizers that the events would proceed.

An interchurch organizing committee had submitted a request for permission well in advance and had made elaborate preparations for the special events featuring renowned evangelist Luis Palau.

The organizers said they were disappointed but not entirely surprised by the Communist government’s action.

“The authorities have clearly demonstrated to the world what we experience regularly – that their promises, whether verbal or written, cannot be trusted,” said one church leader who requested anonymity.

Asked to speculate on the reasons for the government’s ultimate refusal, another key church leader said, “I don’t know why, but it almost seems as if the government is deliberately damaging its own reputation.”

Shortly after 1 p.m. on Friday (April 15), after long negotiations, authorities gave verbal assent for the events to proceed, promising the required written permission would be issued imminently. The government-approved venue was the Dien Kinh My Dinh Sports Complex, a state-of-the-art indoor track and field stadium in Hanoi’s Tu Liem district. It reportedly holds 3,100 people; organizers had requested a place with considerably larger capacity.  

After receiving the verbal promise, organizers said they went directly to the sports complex hoping to begin preparing the sound and lighting systems. They were not given access.

When no written permission was forthcoming by the scheduled start at 7 p.m., organizers said they were forced to turn away many hundreds of people arriving from the provinces by chartered buses. They urged the people to return home quietly and to pray for the event scheduled for the next evening, they said.  

Very late Friday evening, the organizing committee received written permission from the Hanoi People’s Committee to hold what was to have been the second night of the event on Saturday (April 16). They immediately posted the document on Vietnam’s most popular Christian website http://www.hoithanh.com, they said.

Apparently, however, public security and city authorities quietly overrode the reluctant permission granted by Vietnam’s religion bureaucracy. Organizers told Compass that even with the official letter from the People’s Committee, several hurdles had remained. They had still needed to secure a contract from the sports complex on Saturday morning for use of the facilities, and they had yet to request the Committee for Religious Affairs for permission for Palau to speak.

Early on Saturday, Pastor Nguyen Huu Mac, president of the registered Evangelical Church of Vietnam (North), or ECVN(N), who had signed the request, went with colleagues from unregistered house churches to the sports complex to pursue the contract. When they were told that Saturday was not a work day, they went to the Tu Liem district office.

There they were stalled for several more hours by fruitless discussion. District officials eventually told them that although the sports complex was in their area of the city, it was owned and managed by another entity over which they had no control.

Finally, at 1 p.m., the manager of the sports complex arrived. He proceeded to give the organizing committee what Christian leaders described as unreasonable conditions for a contract. For instance, the manager said they could not enter the complex to prepare until 4:30 p.m. – hardly enough time for the scheduled 7 p.m. start. Organizers said he further told them that the sports complex would retain control over who and how many entered the building; he said they would not honor the tickets/invitations that had been widely distributed by the event organizers but would distribute their own and count every head.

The organizers sensed trouble.   

Faced with such government duplicity and control over their event and without enough time to set up properly, church leaders said, they unanimously decided they could not proceed with integrity. Shortly after 4 p.m., they issued an indefinite postponement notice.

Reached by Compass late Saturday Hanoi time, a Luis Palau Association spokesman reported that the evangelist had just spent significant time encouraging the tired organizers. Palau told them that the Lord would bless them for their diligence and predicted that they would soon reap a great spiritual harvest. In a few years, he said, they would look on the disappointments of this weekend as insignificant, according to the spokesman.

Despite their disappointment, church leaders took note of gains: The effort to stage the events, they said, marked unprecedented cooperation among various groups, with the ECVN(N), the only registered church based in the north, applying for the permission document on behalf of all groups. Cooperating in the organizing were northern house churches belonging to the Hanoi Christian Fellowship and southern-based house churches belonging to the Vietnam Evangelical Fellowship, as well as some smaller groups.

Together, the church leaders said, they determined not to bow to government manipulation and pressure.

“Clearly someone at the top disallowed these events and then left it to clumsy underlings to create bureaucratic obstacles,” said a long-time overseas Vietnam analyst. “Most people will see through this ruse and recognize simple lack of religious freedom.”  

In Ho Chi Minh City, similar Easter celebrations were given last-minute approval and went ahead the previous weekend with considerable response to Palau’s messages.

It is not known if or how the cancellation of the events in Hanoi will affect plans for the Evangelical Church of Vietnam, both the northern and southern entities, to include Palau in their June centennial celebrations in Danang, Hanoi, and Ho Chi Minh City.

Permission has been long requested, but so far the government has only given general verbal approval.   

Report from Compass Direct News
http://www.compassdirect.org

India Briefs

Recent Incidents of Persecution

Karnataka, India, April 15 (CDN) — Police on April 10 arrested a pastor and other Christians of the New India Church in Mysore after some 25 Hindu extremists from the Sreeram Sena attacked their Sunday service, accusing them of forcible conversions, reported the Mathrubhumi daily. Pastor Vinod Chacko was leading the service when the Hindu nationalists barged into the church, stopped the prayer service and complained to police of alleged forcible conversions. The Global Council of Indian Christians reported that the extremists along with police detained the worshippers inside the church building, including 20 women and 10 children, taking down personal details about them and asking them whether they were paid money or otherwise lured to attend. Police also seized vehicles belonging to the church and those attending the service. Police charged Pastor Chacko, his wife Asha and others identified only as Sabu, Simon and Sayazu under section 295A of the Indian Penal Code with “deliberate and malicious acts intended to outrage religious feelings.”

New Delhi – A mob of about 150 Hindu extremists on April 9 attacked a Christian worship meeting in Bhajanpura, East Delhi, beating Christians with clubs and stones, including women and children. Pastor Solomon King told Compass that the Assembly of God church organized an open-air “Festival of Deliverance” meeting at which he was speaking; there were about 150 people in the arena when he arrived with 40 choir members. After the meeting began at about 6 p.m., some present suddenly shouted “Jai Shri Ram [Praise Lord Ram]” and started beating the Christians. Two Christians identified only as Prabhu and Abhisek sustained head injuries and received hospital treatment. Pastor King, his wife and other Christians also suffered bruises. The intolerant Hindus also destroyed furniture, a sound system, a generator and some Christians’ vehicle. The Christians had received permission from government officials to conduct the worship meeting, and five police officers were on duty to protect it; the Hindu extremists also severely beat them. The attack lasted for about an hour before police reinforcements arrived, and the extremists fled. Police were able to arrest two of the assailants.

Madhya Pradesh – An enraged mob of Hindu extremists on April 7 stormed into the prayer meeting of a Christian Assembly house church shouting anti-Christian slogans and filed a police complaint of forceful conversion against those present in Sagar. The Hindu extremists accused Pastor Joy Thomas Philip of forceful conversion, Pastor C.P. Mathew of Bhopal told Compass. Police arrived and took Pastor Philip and three other Christians into custody for questioning but claimed it was a protective measure. After area Christian leaders’ intervention, the Christians were released on bail on April 9.

Karnataka – Mulki Circle police officials on April 4 forcibly took church documents from Hebron Assembly Church in Mulki and told the pastor not to allow any Hindus to enter. The Global Council of Indian Christians reported that officials identified only as Inspector Shivaprakash and Sub-Inspector Neelakanta, along with five police officers, verbally abused Pastor I.D. Prasanna and harshly denigrated church activities. Police officials questioned Pastor Prasanna for three hours, telling him what church activities he can and cannot undertake, and threatening to close the church if he disobeyed. They also ordered the pastor to give detailed information about the families that attended the church service.

Karnataka – Police in Shimago on April 3 detained Pastor Abraham K.G. and a Christian identified only as Eerappa for their faith in Christ. The Global Council of Indian Christians (GCIC) reported that Hindu extremists led by area Bajrang Dal member Subbraya Shetty interrupted the worship meeting of the Jehovah Nizzi church and warned them to stop meeting. The extremists had been harassing the pastor since March 27, reported the GCIC. As the April 3 service started at about 10:30 a.m., a sub-inspector from the Hosanagara police station arrived in a Jeep with three other police officers to make the arrests. When the Christians asked about the reasons, the officials said without basis that the Christians were using abusive language. Later that evening, police released the Christians without charges after taking a statement from them pledging that they would conduct no future worship meetings – and that they should leave the area.

Report from Compass Direct News
http://www.compassdirect.org

Religious Conversion Worst Form of ‘Intolerance,’ Bhutan PM Says

Propagation of religion is allowable – but not seeking conversions, top politician says.

THIMPHU, Bhutan, April 13 (CDN) — In the Kingdom of Bhutan, where Christianity is still awaiting legal recognition, Christians have the right to proclaim their faith but must not use coercion or claim religious superiority to seek conversions, the country’s prime minister told Compass in an exclusive interview.

“I view conversions very negatively, because conversion is the worst form of intolerance,” Jigmi Yoser Thinley said in his office in the capital of the predominantly Buddhist nation.

Christian leaders in Bhutan have told Compass that they enjoy certain freedoms to practice their faith in private homes, but, because of a prohibition against church buildings and other restrictions, they were not sure if proclamation of their faith – included in international human rights codes – was allowed in Bhutan.

Prime Minister Thinley, who as head of the ruling party is the most influential political chief in the country, said propagation of one’s faith is allowed, but he made it clear that he views attempts to convert others with extreme suspicion.

“The first premise [of seeking conversion] is that you believe that your religion is the right religion, and the religion of the convertee is wrong – what he believes in is wrong, what he practices is wrong, that your religion is superior and that you have this responsibility to promote your way of life, your way of thinking, your way of worship,” Thinley said. “It’s the worst form of intolerance. And it divides families and societies.”

Bhutan’s constitution does not restrict the right to convert or proselytize, but some Non-Governmental Organizations have said the government effectively limits this right by restricting construction of non-Buddhist worship buildings and celebration of some non-Buddhist festivals, according to the U.S. Department of State’s 2010 International Religious Freedom Report.

It adds that Bhutan’s National Security Act (NSA) further limits proclamation of one’s faith by prohibiting “words either spoken or written, or by other means whatsoever, that promote or attempt to promote, on grounds of religion, race, language, caste, or community, or on any other ground whatsoever, feelings of enmity or hatred between different religious, racial, or language groups or castes and communities.” Violation of the NSA is punishable by up to three years’ imprisonment, though whether
any cases have been prosecuted is unknown, according to the State Department report.

Bhutan’s first democratic prime minister after about a century of absolute monarchy, Thinley completed three years in office last Thursday (April 7). While he affirmed that it is allowable for Christians to proclaim their faith – a practice commanded by Christ, with followers agreeing that it is the Holy Spirit, not man, that “converts” people – Thinley made his suspicions about Christians’ motives manifest.

“Any kind of proselytization that involves economic and material incentives [is wrong],” he said. “Many people are being converted on hospital beds in their weakest and most vulnerable moments. And these people are whispering in their ears that ‘there is no hope for you. The only way that you can survive is if you accept this particular religion.’ That is wrong.”

Thinley’s suspicions include the belief that Christians offer material incentives to convert.

“Going to the poor and saying, ‘Look, your religion doesn’t provide for this life, our religion provides for this life as well as the future,’ is wrong. And that is the basis for proselytization.”

Christian pastors in Thimphu told Compass that the perception that Bhutan’s Christians use money to convert the poor was flawed.

The pastors, requesting anonymity, said they prayed for healing of the sick because they felt they were not allowed to preach tenets of Christianity directly. Many of those who experience healing – almost all who are prayed for, they claimed – do read the Bible and then believe in Jesus’ teachings.

Asked if a person can convert if she or he believed in Christianity, the prime minister replied, “[There is] freedom of choice, yes.”

In his interview with Compass, Thinley felt compelled to defend Buddhism against assertions that citizens worship idols.

“To say that, ‘Your religion is wrong, worshiping idols is wrong,’ who worships idols?” he said. “We don’t worship idols. Those are just representations and manifestations that help you to focus.”

Leader of the royalist Druk Phuensum Tshogpa party, Thinley is regarded as a sincere politician who is trusted by Bhutan’s small Christian minority. He became the prime minister in April 2008 following the first democratic election after Bhutan’s fourth king, Jigme Singye Wangchuck, abdicated power in 2006 to pave the way toward democracy.

Until Bhutan became a constitutional monarchy in 2008, the practice of Christianity was believed to be banned in the country. The constitution now grants the right to freedom of thought, conscience and religion to all citizens. It also states that the king is the protector of all religions.

Thus far, the Religious Organisations Act of 2007 has recognized only Buddhist and Hindu organizations. As a result, no church building or Christian bookstore has been allowed in the country, nor can Christians engage in social work. Christianity in Bhutan remains confined to the homes of local believers, where they meet for collective worship on Sundays.

Asked if a Christian federation should be registered by the government to allow Christians to function with legal recognition, Thinley said, “Yes, definitely.”

The country’s agency regulating religious organizations under the 2007 act, locally known as the Chhoedey Lhentshog, is expected to make a decision on whether it could register a Christian federation representing all Christians. The authority is looking into provisions in the law to see if there is a scope for a non-Buddhist and non-Hindu organization to be registered. (See http://www.compassdirect.com, “Official Recognition Eludes Christian Groups in Bhutan,” Feb. 1.)

On whether the Religious Organisations Act could be amended if it is determined that it does not allow legal recognition of a Christian federation, the prime minister said, “If the majority view and support prevails in the country, the law will change.”

Thinley added that he was partially raised as a Christian.

“I am part Christian, too,” he said. “I read the Bible, occasionally of course. I come from a traditional [Christian] school and attended church every day except for Saturdays for nine years.”

A tiny nation in the Himalayas between India and China, Bhutan has a population of 708,484 people, of which roughly 75 percent are Buddhist, according to Operation World. Christians are estimated to be between 6,000 to nearly 15,000 (the latter figure would put Christians at more than 2 percent of the population), mostly from the south. Hindus, mainly ethnic Nepalese, constitute around 22 percent of the population and have a majority in the south.

 

Religious ‘Competition’

Bhutan’s opposition leader, Lyonpo Tshering Togbay, was equally disapproving of religious conversion.

“I am for propagation of spiritual values or anything that allows people to be good human beings,” he told Compass. “[But] we cannot have competition among religions in Bhutan.”

He said, however, that Christians must be given rights equal to those of Hindus and Buddhists.

“Our constitution guarantees the right to freedom of practice – full stop, no conditions,” he said. “But now, as a small nation state, there are some realities. Christianity is a lot more evangelistic than Hinduism or Buddhism.”

Togbay said there are Christians who are tolerant and compassionate of other peoples, cultures and religions, but “there are Christians also who go through life on war footing to save every soul. That’s their calling, and it’s good for them, except that in Bhutan we do not have the numbers to accommodate such zeal.”

Being a small nation between India and China, Bhutan’s perceived geopolitical vulnerability leads authorities to seek to pre-empt any religious, social or political unrest. With no economic or military might, Bhutan seeks to assert and celebrate its sovereignty through its distinctive culture, which is based on Buddhism, authorities say.

Togbay voiced his concern on perceived threats to Bhutan’s Buddhist culture.

“I studied in a Christian school, and I have lived in the West, and I have been approached by the Jehovah’s Witness – in a subway, in an elevator, in a restaurant in the U.S. and Switzerland. I am not saying they are bad. But I would be a fool if I was not concerned about that in Bhutan,” he said. “There are other things I am personally concerned about. Religions in Bhutan must live in harmony. Too often I have come across people who seek a convert, pointing to statues of our deities and saying
that idol worship is evil worship. That is not good for the security of our country, the harmony of our country and the pursuit of happiness.”

The premise of the Chhoedey Lhentshog, the agency regulating religious organizations, he said, “is that all the different schools of Buddhism and all the different religions see eye to eye with mutual respect and mutual understanding. If that objective is not met, it does not make sense to be part of that.”

It remains unclear what the legal rights of Christians are, as there is no interaction between the Christians and the government. Christian sources in Bhutan said they were open to dialogue with the government in order to remove “misunderstandings” and “distrust.”

“Thankfully, our political leadership is sincere and trustworthy,” said one Christian leader.

Asserting that Christians enjoy the right to worship in Bhutan, Prime Minister Thinley said authorities have not interfered with any worship services.

“There are more Christian activities taking place on a daily basis than Hindu and Buddhist activities,” he added.

Report from Compass Direct News
http://www.compassdirect.org

Orissa, India Christians Still Face Boycott, Forced Conversion

Hindu nationalists continue to oppress Christians in Kandhamal district, report says.

NEW DELHI, November 11 (CDN) — More than two years after losing relatives and property in anti-Christian violence, there is no sense of relief among survivors in India’s Orissa state, as many are still ostracized and pressured to “return” to Hinduism, according to a private investigation.

“Despite the state administration’s claim of normalcy,” the preliminary report of a fact-finding team states, “a state of lawlessness and utter fear and sense of insecurity” prevails among Christians of Kandhamal district, which saw a major anti-Christian bloodbath in 2008.

The team, consisting of local attorney Nicholas Barla and another identified only as Brother Marcus, along with rights activists Jugal Kishore Ranjit and Ajay Kumar Singh, visited four villages in three blocks of Kandhamal on Nov. 5.

In Bodimunda village in Tikabali, the team met a pastor who said he has been closely watched since Hindu extremists forced him to become a Hindu. The pastor, whose name the report withheld for security reasons, said he had to convert to Hinduism in 2008 “to save his old mother, who could not have escaped the violence as she was not in a position to walk.”

He is still closely watched in an effort to prevent him from returning to Christianity. While the attorneys and activists were still at the pastor’s house, a man who identified himself as from the Rashtriya Swayamsevak Sangh (RSS, India’s most influential Hindu nationalist conglomerate) came to inquire about his visitors. The pastor felt compelled to tell them that they were “bank officials.”

In the same village, Hindu nationalists have also imposed a de facto ban on any private or public vehicle to ferry Christians or their belongings, said the report.

The team met the family of a paralyzed Christian, Bamadev Pradhan, whom auto-rickshaw drivers refused to take to a hospital when he recently ran a high fever. Eventually a Christian driver took him to the only hospital in Tikabali, around eight kilometers (nearly five miles) from his village of Bodimunda, but as the Christian was driving back, some local men confiscated his vehicle.

With the help of the auto-rickshaw union, the driver (unnamed in the report) got the vehicle released after paying a fine of 1,051 (US$24) rupees and promising that he would not transport any Christians in the future.

Another Christian said area Hindus extremists prohibited Christians from procuring basic necessities.

“We are not allowed to bring housing materials or food provisions or medicines, and nor are we allowed to buy anything from local shops,” he said. “We do not have any shop of our own. Here, we are struggling to live as human beings.”

The team also met a Hindu who had to pay 5,000 rupees (US$112) to get his tractor returned to him, as he had transported housing material for the construction of the house of a Christian.

In the house of a Christian in Keredi village in Phulbani Block, the team found a picture of a Hindu god. The resident, who was not identified in the report, explained that he had to display it in order to protect his family from harm.

The team found pictures of Hindu gods also in the house of a Christian in Gandapadar village in the Minia area, Phiringia Block. A woman in the house told the team that local Hindu nationalists had given her pictures of Hindu gods for worship.

“We have kept them, as they often come to check whether we have reconverted to Christianity,” she said.

Almost all Christians the team met complained that the local administration had done little to protect them and suspected that officials colluded with area Hindu nationalists.

Released on Nov. 8, the report asserts that Christians have been barred from taking water from a government well in Dakanaju village, under G. Udayagiri police jurisdiction in Tikabali Block. The village head, Sachindra Pradhan, has promised to take action “at the earliest,” it added.

Violence in Kandhamal and some other districts of Orissa state followed the assassination of Hindu nationalist leader Swami Laxmanananda Saraswati on Aug. 23, 2008. The rampage killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions, according to estimates by human rights groups.

The spate of attacks began a day after Saraswati’s killing when Hindu nationalist groups blamed Christians for his murder, although Maoists (extreme Marxists) active in the district claimed responsibility for it.

John Dayal, a Christian activist in Delhi, told Compass that “the apparatus of 2008 remains undisturbed.” The Hindu nationalist Bharatiya Janata Party (BJP) was part of the ruling state alliance with the regional Biju Janata Dal (BJD) party at the time of the violence. Although the BJD broke up with the BJP in 2009, blaming it for the violence, the former cannot be excused, said Dayal.

“While the BJP is mainly to be blamed, Chief Minister Naveen Patnaik is not entirely innocent,” Dayal said. “Not  just that he allowed the BJP and RSS cadres to run amok when they were part of his government, turning a blind eye to their  very visible anti-Christian activities, but he was his own home [interior] minister and cannot really shirk command responsibility for the carnage together with his BJP ministerial colleagues and senior officers.”

Kandhamal district Magistrate Krishan Kumar, who was on a tour at press time, could not be contacted for comment despite repeated attempts.

Of the 648,201 people in Kandhamal district, 117,950 are Christian, mostly Dalit (formerly “untouchables” in the caste hierarchy in Hindu societies), according to the 2001 Census. Hindus, mainly tribal people and numbering 527,757, form the majority.

Report from Compass Direct News

Muslims in Bekasi, Indonesia Oppose Another Church Building

Islamists decry ‘center of Christianization’ in West Java, where anti-Christian hostilities fester.

JAKARTA, Indonesia, October 13 (CDN) — Islamic organizations have mounted a campaign against the planned construction of Mother Teresa Catholic Church in West Java Province, where Christian leaders report 20 other churches have faced Muslim hostility since 2009.  

Muslim leaders said plans for the Mother Teresa church in the Lippo Cikarang property project in the Cikarang area will make it the largest church building in Bekasi City. Adang Permana, general chairman of the Bekasi Islamic Youth Movement, said Bekasi area Muslims oppose the church building because they fear it will become “a center of Christianization,” according to the Islamic website Hidayatullah.com.

“This church will become the center of apostasy and clearly disturb the faith of Bekasi citizens, who are mostly Muslims,” Permana said, according to the website. “In addition to rejecting this parish church, we also call for the disbanding of all unauthorized churches in Bekasi Regency [City],” he stated. A church leader, however, said area residents had approved the presence of the church.

Adang said opposition to the church was based in the Islamic roots of the city.

“Historically, sociologically, and demographically, Bekasi cannot be separated from Islam, with the cleric K.H. Noer Ali as one of the founders and developers of the city,” Adang told Hidayatullah.com. “Because of this, we reject the church.”

H.M. Dahlan, coordinator of United Muslim Action of Bekasi, also expressed fear that the church would become a center of Christianization in Bekasi.  

“Bekasi Muslims reject the presence of this church,” Dahlan said in a letter that he has circulated among mosques in the Bekasi area. In it he states that plans for the Mother Teresa church would make it the largest church building in southeast Asia. The letter has reportedly generated much unrest among area residents.

At a recent press conference, Dahlan said Unified Muslim Action of Bekasi, along with “all Muslims, mosque congregations, leaders of women’s study groups, Quranic schools, and Islamic education foundations have firmly decided to reject the construction of Mother Teresa Catholic Church in Cikarang and request that the Bekasi Regency cancel all [construction] plans.”

The Islamic groups also called on Bekasi officials to clamp down on “illegal churches” meeting in homes and shops and to block “all forms of Christianization” in the area. Local government officials frequently stall Christian applications for building and worship permits, opening the way for Islamic groups to accuse churches of being “illegal.”

The Mother Teresa church applied for a building permit in 2006, but the Bekasi government has not yet acted on the application, said a clergyman from the church identified only as Pangestu. He added that his church has met all requirements of 2006 Joint Ministerial Decrees No. 8 and No. 9, but the permit has still not been granted. The 2006 decrees require at least 60 non-Christian residents to agree to the construction of a church building, and the congregation must have at least 90 members.

The parish now worships at the Trinity School auditorium.

Pangestu said the church has provided school funds for poor children, free clinics, and food for needy neighbors.  

“There are no problems between the church and the local people,” Pangestu said.

Mother Teresa Catholic Church began worshiping on Jan. 25, 2004.  The church plans to build on an 8,000-square meter lot near Trinity School.

The objections from Islamic groups are the latest evidence of Islamic hostility to churches. Theophilus Bela, president of the Jakarta Christian Communication Forum, released a statement this week that 36 churches in Indonesia have been attacked, harassed or otherwise opposed since 2009; 20 of the churches were located in West Java, with six of those in the Bekasi area.

The list is growing, Bela said, and does not yet include recent reports of 10 churches that local authorities were opposing in Mojokerto, East Java Province, and three others that were closed down in Tembilahan, Riau Province.

Still, large-scale attacks on Christians do not happen as they did in the 1990s and before, he said.

“Now the attacks on churches happen only sporadically,” Bela reported. “In 2007 I noted 100 cases of attacks, and in 2008 the figure went down to only 40 cases, and until October 2009 I noted only eight cases of attacks on Christian churches. But with an attack on St. Albert Catholic Church on Dec. 17, 2009, the figure of cases went up again.”  

Report from Compass Direct News

Christians suffer in Iran’s ‘free nation,’ says Open Doors USA

Iran’s president claimed his country is a genuine cradle of liberty. President Mahmoud Ahmadinejad is in New York for the annual meeting of the UN General Assembly, reports MNN.

Ahmadinejad insisted that political opponents are free to demonstrate, refusing to acknowledge that opposition groups and Christians have been driven underground by a vicious government crackdown.

"When we discuss the subject of freedoms and liberty it has to be done on a comparative basis and to keep in mind that democracy, at the end of the day, means the rule of the majority, so the minority cannot rule," Ahmadinejad said.

President of Open Doors USA Carl Moeller says, "Any person that’s had any exposure to the realities of life in Iran would disagree with President Ahmadinejad."

Moeller says Ahmadinejad is the master of the big lie. "He’s a holocaust denier, for example. And it’s easy to deny something as long as you don’t have to [back it up with] evidence. In this case, it’s easy to say Iran is a free country because everybody who would dissent knows clearly that if they dissent, they would be sent to prison."

Iran is one of the most repressive places to be a Christian. It ranks second on Open Doors’ World Watch list of countries which persecute Christians. "We’ve talked, on this program, about those who have spent months in prison simply for converting to Christianity and suffered huge abuse because of it," says Moeller.

Despite this oppression, Moeller says many Iranians are turning to Christ. They’re responding to Christian radio and satellite television broadcasts. Some are reading about Christ on the Internet. Some young people are starting churches as a result.

Moeller says most Iranians are aware of it. "90 percent of Iranians are aware that Muslims are turning to faith in Jesus Christ and have first-hand knowledge of that. It’s an incredible statistic. And we see that the increase in persecution is a direct relationship with the growth of the church in Iran."

Report from the Christian Telegraph

New Threats, Old Enmity Pummel Nepal’s Christians

Armed group that forced over 1,500 government officials to quit now threatens pastors.

KATHMANDU, Nepal, September 16 (CDN) — A year after police busted an underground militant Hindu organization that had bombed a church and two mosques, Nepal’s Christians are facing new threats.

An underground group that speaks with bombs and has coerced hundreds of government officials into quitting their jobs is threatening Christian clergy with violence if they do not give in to extortion demands, Christian leader said.

The Nepal Christian Society (NCS), an umbrella group of denominations, churches and organizations, met in the Kathmandu Valley yesterday (Sept. 15) to discuss dangers amid reports of pastors receiving phone calls and letters from the Unified National Liberation Front (Samyukta Jatiya Mukti Morcha), an armed group demanding money and making threats. The group has threatened Christian leaders in eastern and western Nepal, as well as in the Kathmandu Valley.

“The pastors who received the extortion calls do not want to go public for fear of retaliation,” said Lok Mani Dhakal, general secretary of the NCS. “We decided to wait and watch a little longer before approaching police.”

The Front is among nearly three dozen armed groups that mushroomed after the fall of the military-backed government of the former king of Nepal, Gyanendra Bir Bikram Shah, in 2006. It became a household name in July after 34 senior government officials – designated secretaries of village development committees – resigned en masse, pleading lack of security following threats by the Front.

Ironically, the resignations occurred in Rolpa, a district in western Nepal regarded as the cradle of the communist uprising in 1996 that led to Nepal becoming a secular federal republic after 10 years of civil war.

Nearly 1,500 government officials from 27 districts have resigned after receiving threats from the Front. Despite its apparent clout, it remains a shadowy body with little public knowledge about its leaders and objectives. Though initially active in southern Nepal, the group struck in the capital city of Kathmandu on Saturday (Sept. 11), bombing a carpet factory.

The emergence of the new underground threat comes a year after police arrested Ram Prasad Mainali, whose Nepal Defense Army had planted a bomb in a church in Kathmandu, killing three women during a Roman Catholic mass.

Christians’ relief at Mainali’s arrest was short-lived. Besides facing threats from a new group, the community has endured longstanding animosity from the years when Nepal was a Hindu state; the anti-Christian sentiment refuses to die four years after Parliament declared the nation secular.

When conversions were a punishable offense in Nepal 13 years ago, Ishwor Pudasaini had to leave his home in Giling village, Nuwakot district, because he became a Christian. Pudasaini, now a pastor in a Protestant church, said he still cannot return to his village because of persecution that has increased with time.

“We are mentally tortured,” the 32-year-old pastor told Compass. “My mother is old and refuses to leave the village, so I have to visit her from time to time to see if she is all right. Also, we have some arable land, and during monsoon season it is imperative that I farm it. But I go in dread.”

Pudasaini, who pastors Assembly of God Church, said that when he runs into his neighbors, they revile him and make threatening gestures. His family is not allowed to enter any public place, and he is afraid to spend nights in his old home for fear of being attacked. A new attack occurred in a recent monsoon, when villagers disconnected the family’s water pipes.

“Things reached such a head this time that I was forced to go to the media and make my plight public,” he says.

Pudasaini, his wife Laxmi and their two children have been living in the district headquarters, Bidur town. His brother Ram Prasad, 29, was thrown out of a local village’s reforms committee for becoming a Christian. Another relative in the same village, Bharat Pudasaini, lost his job and was forced to migrate to a different district.

“Bharat Pudasaini was a worker at Mulpani Primary School,” says Pudasaini. “The school sacked him for embracing Christianity, and the villagers forced his family to leave the village. Even four years after Nepal became officially secular, he is not allowed to return to his village and sell his house and land, which he wants to, desperately. He has four children to look after, and the displacement is virtually driving the family to starvation.”

Since Bidur, where the administrative machinery is concentrated, is safe from attacks, Pudasani said it is becoming a center for displaced Christians.

“There are dozens of persecuted Christians seeking shelter here,” he said.

One such displaced person was Kamla Kunwar, a woman in her 30s whose faith prompted her husband to severely beat her and throw her out of their home in Dhading district in central Nepal. She would eventually move in with relatives in Nuwakot.

Pudasaini said he chose not to complain of his mistreatment, either to the district administration or to police, because he does not want to encourage enmity in the village.

“My religion teaches me to turn the other cheek and love my enemies,” he said. “I would like to make the village come to Christ. For that I have to be patient.”

Dozens of villages scattered throughout Nepal remain inimical to Christians. In May, five Christians, including two women, were brutally attacked in Chanauta, a remote village in Kapilavastu district where the majority are ethnic Tharus.

Once an affluent people, the Tharus were displaced by migrating hordes from the hills of Nepal, as well as from India across the border, and forced into slavery. Today, they are considered to be “untouchables” despite an official ban on that customary practice of abuse and discrimination. In the villages, Tharus are not allowed to enter temples or draw water from the sources used by other villagers.

Tharus, like other disadvantaged communities, have been turning to Christianity. Recently five Tharu Christians, including a pastor and two evangelists, were asked to help construct a Hindu temple. Though they did, the five refused to eat the meat of a goat that villagers sacrificed before idols at the new temple.

Because of their refusal, the temple crowd beat them. Two women – Prema Chaudhary, 34, and Mahima Chaudhary, 22 – were as badly thrashed as Pastor Simon Chaudhari, 30, and two evangelists, Samuel Chaudhari, 19, and Prem Chaudhari, 22.

In June, a mob attacked Sher Bahadur Pun, a 68-year-old Nepali who had served with the Indian Army, and his son, Akka Bahadur, at their church service in Myagdi district in western Nepal. Pun suffered two fractured ribs.

The attack occurred after the Hindu-majority village decided to build a temple. All villagers were ordered to donate 7,000 rupees (US$93), a princely sum in Nepal’s villages, and the Christians were not spared. While the Puns paid up, they refused to worship in the temple. Retaliation was swift.

The vulnerability of Christians has escalated following an administrative vacuum that has seen violence and crime soar. Prime Minister Madhav Kumar Nepal, who had been instrumental in the church bombers’ arrest, resigned in June due to pressure by the opposition Maoist party. Since then, though there have been seven rounds of elections in Parliament to choose a new premier, none of the two contenders has been able to win the minimum votes required thanks to bitter infighting between the major parties.

An eighth round of elections is scheduled for Sept. 26, and if that too fails, Nepal will have lost four of the 12 months given to the 601-member Parliament to write a new constitution.

“It is shameful,” said Believers Church Bishop Narayan Sharma. “It shows that Nepal is on the way to becoming a failed state. There is acute pessimism that the warring parties will not be able to draft a new constitution [that would consolidate secularism] by May 2011.”

Sharma said there is also concern about a reshuffle in the largest ruling party, the Nepali Congress (NC), set to elect new officers at its general convention starting Friday (Sept. 17). Some former NC ministers and members of Parliament have been lobbying for the restoration of a Hindu state in Nepal; their election would be a setback for secularism.

“We have been holding prayers for the country,” Sharma said. “It is a grim scene today. There is an economic crisis, and Nepal’s youths are fleeing abroad. Women job-seekers abroad are increasingly being molested and tortured. Even the Maoists, who fought for secularism, are now considering creating a cultural king. We are praying that the political deadlock will be resolved, and that peace and stability return to Nepal.”

Report from Compass Direct News

Christian Assaulted in Orissa State, India

Extremists in Kandhamal vowed to kill a Christian around date of Hindu leader’s death.

NEW DELHI, September 9 (CDN) — Suspected Hindu nationalists in an area of Orissa state still tense from 2008 anti-Christian violence beat a Catholic father of seven until he fell unconscious on Aug. 20, the 47-year-old victim said.

Subhash Nayak told Compass that four unidentified men assaulted him as he made his way home to Laburi village from the hamlet of Kapingia in Kandhamal district. Hindu extremists in Kandhamal district killed more than 100 people in several weeks of attacks following the murder of Hindu extremist leader Swami Laxamananda Saraswati.

An 80-year-old monk who for decades spearheaded the anti-conversion movement in Orissa’s tribal-dominated areas, Saraswati was shot dead on Aug. 23, 2008. Area church leaders such as Biswajit Pani of Khurda told Compass that villagers in Laburi have planned to attack at least one Christian around that date every year.

Nayak said the assailants left him for dead.

“I could not see their faces as it was very dark, and they tried to poke my eyes with their sticks,” said Nayak, still in pain. “They stomped on my chest with their feet and hit me relentlessly till I fell unconscious. They left me thinking I was dead.”

Nayak said that he was returning from work at a construction site in Kapingia when, about a kilometer from his home in Laburi, a stone hit him. Four men appeared and began beating him.

The stone struck him in the forehead between 7 and 8 in the evening as he was riding his bicycle, he said.

“As I fell on the road with sharp pain, figuring out who hit me, four people came and started to hit me with wooden sticks,” Nayak said.

Asserting that no one had any personal enmity toward him, Nayak said that Hindu extremists in Kandhamal district have been telling people, “We destroyed and burned their houses and churches, which they have rebuilt, but now we will attack their lives, which they cannot rebuild.”

Pani and another area Christian, retired school teacher Tarsish Nayak, said they also had heard Hindu nationalists spreading this message.

Nayak recalled that a year ago, while returning to his village at night around the anniversary of Saraswati’s murder, he heard someone whispering, “Here he comes … He is coming near,” at which point he fled.

“There were people hiding, seeking to attack me,” he said.

Saraswati, a leader of the Hindu extremist Vishwa Hindu Parishad (World Hindu Council), was assassinated by a Maoist group, but Christians were falsely blamed for it. The ensuing anti-Christian attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions. Violence also erupted in Kandhamal district during Christmas week of 2007, killing at least four Christians and burning 730 houses and 95 churches.

The area where Nayak lives and works was one of the worst-hit in the anti-Christian attacks that took place after Saraswati’s assassination.

After regaining consciousness, Nayak strained to stand up and felt blood dripping down his cheeks, he said. His bicycle was lying at a distance, its front light broken.

Nayak said he was not sure how long he lay unconscious on the road, but it was 11 p.m. by the time he managed to walk home. He said it was only by God’s grace that he “slowly, slowly reached home.”

“‘I am dying,’ were my words as I entered home and fell unconscious again,” Nayak said.

His wife Mamta Nayak, two of his children, his parents and eight villagers carried the unconscious Nayak on a cot three kilometers before getting him into an auto-rickshaw and on to Raikia Government Hospital at 1 a.m.

A doctor was summoned from his home to attend to Nayak, who required stitches on the right side of his forehead. He sustained injuries to his right knee, face, an area near the ribs and chest, and he still has difficulty chewing food, Nayak said.

“I feel nausea and pain in my head as I move my jaw,” he said.

Feeling weak from blood loss, Nayak received a saline solution intravenously for eight days in the hospital. He said he earns very little and had to sacrifice some of his valuables to pay the medical expenses. The doctor advised him to undergo a head scan, which he has eschewed as he cannot afford it, he said.

Pani told Compass that Nayak has refused to file any complaints with police out of fear of retaliation.

Nayak explained, “The police will not take any action, and we have seen in the past that I will be threatening my life by doing so.”

Report from Compass Direct News