If High Court decides against ministers with dual citizenship, could their decisions in office be challenged?

It’d be better for ministers like Barnaby Joyce to have any potentially contentious decisions made by an acting minister until their citizenship issues are resolved.
AAP/Mick Tsikas

Anne Twomey, University of Sydney

What would happen if the High Court found that ministers Barnaby Joyce, Fiona Nash and Matthew Canavan had not been validly elected at the last federal election in July 2016?

In the case of the senators (Nash and Canavan), the High Court, sitting as the Court of Disputed Returns, would most likely order a special recount of the votes, as it did in relation to senators Bob Day and Rod Culleton, with the seat then most likely going to the next person on the Coalition ticket.

This may disrupt the balance between the National Party and the Liberal Party in the Senate, as those most likely to replace the two National Party senators would be from the Liberal Party.

Joyce’s seat, being in the lower house, would most likely go to a byelection, as previously occurred in the cases of Jackie Kelly and Phil Cleary. Like Kelly and Cleary, Joyce could stand for his seat at the byelection, as he has now renounced his New Zealand citizenship.

A bigger question arises, however, as to the validity of decisions that they made as ministers since the last election. If they were not validly elected in July 2016, then Section 64 of the Constitution becomes relevant. It says:

… no minister of state shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.

That three months ran out a long time ago. So, for a considerable time they would have been exercising powers conferred upon ministers by statute, without actually being ministers. Were those decisions valid? Could they be challenged?

This brings into play the “de-facto officer” doctrine. This is a common law doctrine that protects people who rely on acts done in the apparent execution of their office by an officer who appears to be “clothed with official authority”, even though they may not validly hold that office.

It is not aimed at protecting those who invalidly exercise power, but rather those who rely in good faith on the apparent authority of those who publicly exercise power. The doctrine is also relied on to give certainty concerning the validity of acts of persons whose appointment or election may later be challenged.

The public policy behind the doctrine is to avoid the chaos that would ensue if decisions of public officials were automatically rendered invalid because of a later discovered defect in their election or appointment. For example, the decisions of a Western Australian magistrate were upheld, even though they were taken after she had reached the compulsory age for retirement.

The application of the doctrine, however, is uncertain. It does not necessarily apply to all decisions of an invalidly appointed officer, and therefore is likely to lead to litigation if decisions are contentious.

Its application has also been doubted in relation to matters that concern a breach of the Constitution. For example, High Court Justice Michael Kirby observed in a 2006 case about the constitutional validity of acting judges that:

It is difficult to reconcile the [de facto officer] doctrine with the fundamental role of the federal Constitution as the ultimate source of other laws. Constitutional rulings can occasionally be unsettling, at least for a period. However, this is inherent in the arrangements of a nation that lives by the rule of law and accords a special status to the federal Constitution as its fundamental law.

Moreover, the doctrine ceases to protect the actions of the purported official at the point when they lose the cloak of authority, such as when the validity of their appointment is contested, or their lack of qualification to hold office is “notorious”.

It is quite possible that point arises when, in the case of a Commonwealth minister, they admit to being a dual national and refer to the High Court the question of their qualification to sit in the parliament, especially if the invalidity to hold parliamentary office exceeds three months.

For this reason, it would be prudent for those ministers who are currently under a cloud concerning their lawful occupation of office to cease to make decisions which are contentious or might give rise to legal challenges with significant consequences.

Instead, such actions, if they need to be taken before the question of the status of these ministers is resolved by the High Court, could be taken by acting ministers to ensure their validity and avoid the financial and social costs of further litigation and uncertainty.

Anne Twomey, Professor of Constitutional Law, University of Sydney

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

Supreme Court in India Rejects Bail of Orissa Legislator

BJP assemblyman convicted in two murders in 2008 violence says he’s innocent.

NEW DELHI, January 28 (CDN) — India’s Supreme Court on Tuesday (Jan. 25) rejected the bail granted to Hindu nationalist Orissa state legislator Manoj Pradhan following his conviction in the murder of a Christian, Parikhita Nayak.

Pradhan, of the Bharatiya Janata Party (BJP), was convicted on June 29, 2010 of “causing grievous hurt” and “rioting” and sentenced to seven years of prison in the murder of Nayak, of Budedi village, who died on Aug. 27, 2008. In its decision, the Supreme Court ordered the High Court to reconsider its decision to grant him bail.

Pradhan had been granted bail by the High Court on July 6 on grounds having won the April 2009 state assembly election. Contesting the election from jail, he had become a Member of the Legislative Assembly (MLA) representing Kandhamal’s G. Udayagiri constituency. On Sept. 9, 2010 he was convicted in the murder of Bikram Nayak of Budedipada, for which he was sentenced to six years of rigorous imprisonment (see http://www.compassdirect.org, “Court in India Convicts Legislator in Second Murder Case,”
Sept. 10, 2010). He received bail within 40 days of that conviction.

Parikhita Nayak’s widow, Kanaka Rekha Nayak, had challenged the granting of bail before the Supreme Court. She pointed out in her petition that there were seven other murder cases against Pradhan, including the second conviction.

“Being an MLA was not grounds for granting of bail,” she told Compass.

Nayak’s petition also argued that, because of his position, Pradhan intimidated witnesses outside of jail. She told Compass that, after receiving bail in spite of their convictions, Pradhan and an accomplice continued to roam the area, often intimidating her.

In the Supreme Court decision, Justice B. Sudarshan Reddy and Justice S.S. Nijjaron wrote that the High Court should have taken into consideration the findings of the trial court and the alleged involvement of the respondent in more than one case.

“The [bail] order clearly reflects that the High Court was mainly impressed by the fact that the respondent is a sitting MLA,” they wrote. “In the circumstances, we find it difficult to sustain the order.”

Pradhan was accused of stopping Parikhita Nayak and then calling together a large group of persons armed with axes and other weapons, who then hacked Nayak to death; afterward they sought to dispose of the body by burning it.

Pradhan denied all charges against him, telling Compass by telephone that they were “baseless.”

“I have full faith in the judiciary system, and justice will be done,” Pradhan said, adding that he and other “innocent people” have been arrested due to political pressure and that the real culprits are at large.

On his next move, he said he would surrender himself to police custody if necessary and then file another application for bail.

Dr. John Dayal, secretary general of the All India Christian Council, told Compass that he was pleased.

“Pradhan deserves to be behind bars in more than one case, and it was a travesty of justice that he was roaming around terrorizing people,” Dayal said. “He was not involved in every single act of violence, but he was the ring leader. He planned the violence; he led some of the gangs.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that police records showed that Pradhan was a “field commander of Hindu extremists sent to kill Christians.”

The state government’s standing counsel, Suresh Tripathy, supported this week’s cancellation of bail.

 

Cases against Legislator

Pradhan told Compass that a total of 289 complaints were registered against him in various police stations during the August-September 2008 attacks on Christians in Kandhamal district, Orissa, out of which charge sheets were filed in only 13 cases.

Of the 13, he has been acquitted in seven and convicted in two murder cases, with six more cases pending against him – “Three in Lower Court, two in the High Court and One in the Supreme Court,” Pradhan told Compass.

Of the 13 cases, seven involved murder; of those murder cases, he has been acquitted in three.

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

The Times of India reported Pradhan as “one of the close disciples” of Vishwa Hindu Parishad (VHP or World Hindu Council) leader Swami Laxamananda Saraswati, whose assassination on Aug. 23, 2008, touched off the anti-Christian violence in Kandhamal and other parts of Orissa.

 

Status of Trials

Expressing complete dissatisfaction in the trial system, Dayal told Compass that the two Fast Track courts are “meting out injustice at speed.”

“One of the main reasons,” he said, “is lack of police investigation, the inadequacy of the department of projections to find competent public prosecutors, and the inadequacy of the victim community to find a place in the justice process.”

As a result, he said, victims are not appropriately represented and killers are not appropriately prosecuted.

“Therefore, the two courts find enough reason to let people off,” Dayal said.

Complaints filed at a police station in Kandhamal after the violence of 2008 totaled 3,232, and the number of cases registered was 831.

The government of Orissa set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

The number of violent cases in the Fast Track courts is 231 (non-violent cases numbered 46, with total cases thus reaching 277). Of the violent cases, 128 have resulted in acquittals and 59 in convictions; 44 are pending.

Of the 722 people facing trial, 183 have been convicted, while 639 have been acquitted.

Report from Compass Direct News

Chinese Christians Blocked from Attending Lausanne Congress

Police threaten or detain some 200 house church members who planned to attend.

DUBLIN, October 15 (CDN) — As organizers prepared for the opening of the Third Lausanne International Congress on World Evangelization tomorrow in Cape Town, South Africa, Chinese police threatened or detained some 200 delegates who had hoped to attend.

After receiving an invitation to attend the event, house church groups in China formed a selection committee and raised significant funds to pay the expenses of their chosen delegates, a source told Compass. Many delegates, however, were “interviewed” by authorities after they applied to attend the Congress, the source said.

When house church member Abraham Liu Guan and four other delegates attempted to leave China via Beijing airport on Sunday (Oct. 10), authorities refused to allow them through customs, reported the Chinese-language Ming Pao News. Officials detained one delegate and confiscated the passports of the other four until Oct. 25, the closing date of the conference.

China’s State Administration for Religious Affairs and the Ministry of Public Security had notified border control staff that the participation of Chinese Christians in the conference threatened state security and ordered them not to allow delegates to leave, Liu told U.S.-based National Public Radio (NPR).

Officials also prevented two house church Christians from Baotou City, Inner Mongolia, from leaving the country, and on Oct. 9 placed one of them in a 15-day detention, the China Aid Association (CAA) reported.

When Fan Yafeng, leader of the Chinese Christian Legal Defense Association and winner of the 2009 John Leland Religious Liberty Award, discussed the harassment with NPR on Tuesday (Oct. 12), officials assigned some 20 police officers to keep him under house arrest.

On Wednesday (Oct. 13), approximately 1,000 police officers were stationed at Beijing International Airport to restrain an estimated 100 house church members who planned to leave for the Congress via Beijing, according to CAA.

CAA also said authorities over the past few months had contacted every delegate, from Han Christians in Beijing to Uyghur Christians in Xinjiang, for questioning, and threatened some family members.

Normal church operations were also affected. The Rev. Xing Jingfu from Changsha in Hunan province told NPR that authorities cited the Lausanne Congress when they recently ordered his church to close.

China’s Foreign Ministry spokesman, Ma Zhaoxu, in a statement issued to NPR, accused the Lausanne Committee for World Evangelization of communicating secretively with members of illegal congregations and not issuing an official invitation to China’s state-controlled church.

According to the Ming Pao report, the Lausanne committee said members of the Three-Self Protestant Movement had asked if they could attend. Delegates, however, were required to sign a document expressing their commitment to evangelism, which members of official churches could not do due to regulations such as an upper limit on the number of people in each church, state certification for preachers, and the confinement of preaching to designated churches in designated areas. House church Christians faced no such limitations.

The first such conference was held in Lausanne, Switzerland in 1974, which produced the influential Lausanne Covenant. The second conference was held in 1989 in Manila. Some 4,000 delegates from 200 countries are expected to attend the third conference in Cape Town.

 

Progress or Repression?

China watchers said there has been a slight easing of restrictions in recent months, accompanied by a call on Sept. 28 from senior Chinese political advisor Du Qinglin for the government to allow the independent development of the official church. Du made the remarks at the 60th anniversary celebrations of the Three-Self Patriotic Movement, according to the government-allied Xinhua news agency.

The BBC in August produced a glowing series on the growth of Christianity in China after Chinese authorities gave it unprecedented access to state-sanctioned churches and religious institutions. Religious rights monitor Elizabeth Kendal, however, described this access as part of a propaganda campaign by the Chinese government to reduce criticism of religious freedom policies.

NPR also produced a five-part series on Chinese religions in July. The series attributed the growth of religious adherence to the “collapse of Communist ideology” and pointed out that growth continued despite the fact that evangelism was “still illegal in China today.”

The claims of progress were challenged by an open letter from Pastor Zhang Mingxuan, president of the Chinese Christian House Church Alliance, to Chinese President Hu Jintao on Oct. 1, China’s National Day.

In the letter, published by CAA on Oct. 5, Zhang claimed that Chinese house church Christians respected the law and were “model citizens,” and yet they had become “the target of a group of government bandits … [who] often arrest and beat innocent Christians and wronged citizens.” Further, he added, “House church Christians have been ill-treated simply because they are petitioners to crimes of the government.”

Zhang then listed several recent incidents in which Christians were arrested and sent to labor camps, detained and fined without cause, beaten, interrogated and otherwise abused. He also described the closure or demolition of house churches and the confiscation of personal and church property.

He closed with a mention of Uyghur Christian Alimjan Yimit, “who was sentenced to 15 years in prison because he evangelized among Uyghurs – his very own people.”

Report from Compass Direct News

Religious Club Closures in Schools Touch Nerve in Malaysia

KUALA LUMPUR, Malaysia, August 11 (CDN) — More closures of non-Muslim religious clubs in Malaysian schools, including Christian fellowships, have surfaced since the first incident was reported on July 12.

Loh Seng Kok, central committee member of the Malaysian Chinese Association, said at a July 23 press conference that the situation was “getting worse” and that the initial incident at Klang High School was not an “isolated issue.”

Loh based his assessment on complaints received by various religious society representatives. Present with Loh at the press conference were Vice-President of the Young Buddhist Association of Malaysia Loh Yit Phing, President of the Subang Jaya Buddhist Association Chim Siew Choon and Executive Secretary of the Christian Federation of Malaysia Tan Kong Beng.

The Malaysian Insider online news agency reported that Chin Fook Khiang, a parent, disclosed that the Buddhist Society and Christian Fellowship in SMK SS17 in Subang Jaya, Selangor were ordered to stop activities in January 2009 – and that it was the second time the clubs were ordered to close by education authorities since 2005.

The religious clubs were closed even though they had been in operation since before 2000, excluding them from the need for official approval. According to Circular Bill 20/2000, non-Muslim religious clubs formed after education authorities issued the circular in 2000 must obtain their approval before they are allowed. Clubs that existed before the circular was issued do not require approval.

Malaysiakini news agency on July 23 cited an unnamed retired teacher who described the situation as “very serious,” to the extent that some teachers had been transferred because they were active in Christian fellowship activities in their schools.

Loh called for a fairer treatment of non-Muslim associations in the co-curricular activities listed in the co-curriculum management guidelines issued to schools. The guidelines only allow for Islamic religious societies to operate unconditionally without requiring prior approval from the education authorities.

Several political leaders, including veteran opposition leader Lim Kit Siang, have called on authorities to revoke outdated directives and circulars that contravene the Federal Constitution, which guarantees freedom of religion.

 

Public Outcry

Reports of non-Muslim religious club closures first surfaced when The Sun reported on July 12 that three non-Muslim religious student groups, including the Christian Union at Klang High School, were ordered closed by the Selangor education department last month.

Following the report, the Rev. Dr. Thomas Philips, president of the Malaysian Consultative Council for Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), issued a strongly worded statement seeking “immediate confirmation” and “prompt explanation” from authorities.

“Needless to say,” Phillips added, “if indeed there had been such a directive to close non-Muslim religious societies in schools or to not permit the setting up of such societies in schools, the Ministry of Education and the Ministry of National Unity should not be in doubt that MCCBCHST shall protest such a policy with the strongest possible vehemence.”

Following public outcry over the closure, Alimuddin Dom, director-general of education, reportedly said that the directive was a “misunderstanding” by the Selangor Education Department and ordered a reinstatement of the affected religious clubs.

Malaysia’s population is about 60 percent Muslim, 19 percent Buddhist and 9 percent Christian. About 6 percent are Hindu, with 2.6 percent of the population adhering to Confucianism, Taoism and other traditional Chinese religions.

 

Church Attack Trial

Reports of the religious club closures came amid the trial of three men who have been charged with arson in the attack on Metro Tabernacle church’s building earlier this year.

Brothers Raja Muhammad Faizal Raja Ibrahim and Raja Muhammad Idzham Raja Ibrahim, along with their friend Azuwan Shah Ahmad, were charged with committing mischief by torching the church building at 11:50 p.m. on Jan. 7. Since the trial started on July 6, however, the court has acquitted Azuwan due to lack of evidence.

Both brothers deny burning the church building, though they admit to witnessing the incident. They claim they left the scene of the burning to attend a barbeque at a friend’s house. Raja Muhammad Faizal claims he sustained burns from starting a fire at the barbeque, while his brother Raja Muhammad Idzham says he was injured in the course of helping his brother take off his flaming shirt on the occasion.  

The trial is ongoing.

Metro Tabernacle Church was among several churches that came under attack in January following a controversial court ruling that allowed the Herald, a Catholic weekly, to use the word “Allah” in the multilingual publication. The Herald had challenged the ban imposed by the Home Ministry.

The court decision angered some Muslims in the country who claim the term is exclusive to Islam.

Following the high court decision, the Home Ministry filed an appeal in February and won a stay, preventing the weekly from using the word until the case was addressed in the court of appeal. To date there has been no indication when the case will be heard.

On Aug. 1, Home Minister Hishammuddin Hussein was widely reported as saying his predecessor, Syed Hamid Albar, should not have banned the word “Allah” from being used by the Roman Catholic Church, and that the decision will continue to haunt his ministry for a very long time.

Report from Compass Direct News

Moroccan Islamists Use Facebook to Target Christians

Local Christians sense authorities, extremists and society in collusion against them.

RABAT, Morocco, June 17 (CDN) — Moroccan Christians say Muslim extremists in the country are aiding and encouraging the government to pursue them by exposing and vilifying them on social networking site Facebook.

Facebook user Gardes Maroc Maroc has posted 32 image collages featuring dozens of Christian converts, calling them “hyena evangelists” or “wolves in lamb’s skins” who are trying to “shake the faith of Muslims.” That terminology on the website, which is in Arabic, matches that of Morocco’s anti-proselytizing law, which outlaws efforts to “shake the faith of Muslims.”

The online images depict Christian converts and their families from across the country and include details about their roles and activities in churches, their personal addresses and anecdotal stories attempting to malign them.

“These are some pics of Moroccan convert hyenas,” reads one image.

Since March, the Moroccan government has expelled more than 100 foreign Christians for alleged “proselytizing.” Authorities failed to give Christians deportation orders or enough time to settle their affairs before they left.

Observers have called this a calculated effort to purge the historically moderate Muslim country, known for its progressive policies, of all Christian elements – both foreign and national.

Amid a national media campaign to vilify Christians in Morocco, more than 7,000 Muslim clerics signed a statement denouncing all Christian activities and calling foreign Christians’ aid work “religious terrorism.”

On the Facebook page, Gardes Maroc Maroc makes a particularly strident call to Moroccan authorities to investigate adoptive parents of children from the village of Ain Leuh, 50 miles south of Fez. The user claims that local Christians under orders of “foreign missionaries” were attempting to adopt the children so missionary efforts would not “go in vain.”

On March 8, the Moroccan government expelled 26 Christian foreign staff members and parents working at Village of Hope in Ain Leuh.

Now efforts against national Christians have gained momentum. One image on the Facebook page challenged the Islamic Ministry of Religious Affairs and Endowments, saying, “Evangelist hyenas are deriding your Ministry.” The page with the images claimed that Christians had rented out an apartment belonging to that government ministry.

An entire page was dedicated to a well-known Christian TV personality in the Middle East, Rashid Hmami, and his family. The user also inserted pictures of hyenas next to those of Christians, presumably to indicate their danger to the nation.

 

National Christians Threatened

Moroccan Christians told Compass that authorities had begun harassing them even before the forced deportations of foreigners, and that pressure from officials only intensified in March and April.

Since the deportations started in early March, it seems that authorities, extremists and society as a whole have colluded against them, local Christians said. Dozens of Christians have been called to police stations for interrogation. Many of them have been threatened and verbally abused.

“They mocked our faith,” said one Moroccan Christian who requested anonymity. “They didn’t talk nicely.”  

Authorities interrogated the convert for eight hours and followed him for three weeks in March and April, he said. During interrogation, he added, local police told him they were prepared to throw him in jail and kill him.

Another Moroccan Christian reported that a Muslim had taken him to court because of his Christian activities. Most Moroccan Christians that spoke to Compass said the attitudes of their Muslim relatives had shifted, and many have been kicked out of their homes or chosen to leave “to not create problems” for their families.

Moroccan converts meet in house churches. Some of them have stopped meeting until the pressure subsides.

“The government is testing the reactions,” said Moroccan lawyer Abdel Adghirni of the recent pressure on Christians.

The lawyer, known as one of the strongest defenders of Berber rights in Morocco, said that although the government’s recent reactions seem regressive, they are part of the nation’s societal transformation process.

“The government is trying to dominate,” said Adghirni. “They are defending themselves. They feel the wind of change. All of this is normal for me – like a complex chemistry that activates as different elements come into contact. Things are moving.”

 

Congressional Hearing

In an effort to alert U.S. Congress to the sudden turn against religious tolerance in Morocco, the Tom Lantos Human Rights Commission is holding congressional hearings today on the deportations of foreign Christians from the country.

Earlier today, the National Clergy Council held a press conference at the National Press Club in Washington, D.C., to congratulate the Moroccan government on religious tolerance. Organizers of the congressional hearings said they view the council’s press conference as an effort to counter the hearings.

The Rev. Rob Schenck, who heads the council, has had numerous exchanges with Moroccan Islamic leaders and in early April met with the Moroccan ambassador to the United States.

“I have enjoyed a close friendship of several years with the ambassador,” Schenck stated on his website.

Organizers of the congressional hearings have said they are baffled that the National Clergy Council, and in particular Schenck, would speak so highly of the Moroccan government at a time when it is in such blatant violation of human rights.

“There’s good and bad in every country, but what Morocco has done on the whole to advance religious liberty in that region of the world is extraordinary,” Schenck said in a media statement yesterday on Christian Newswire. “We hope to present a fair and balanced picture of this unusual country.”

Congressman Frank Wolf (R-Va.), co-chairman of the Tom Lantos Human Rights Commission, said that the Moroccan government has deported nearly 50 U.S. citizens.

“In spite of this, the U.S. government has pledged $697.5 million to Morocco over the next five years through the Millennium Challenge Corporation,” he said. Wolf is advocating that the United States withhold the nearly $697.5 million in aid that it has pledged to Morocco.  

“It is inappropriate for American taxpayer money to go to a nation which disregards the rights of American citizens residing in Morocco and forcibly expels Americans without due process of law,” he said.

Among those appearing at the hearing today is Dutch citizen Herman Boonstra, leader of Village of Hope, who was expelled in March. Boonstra and his wife were forced to leave eight adopted children in Morocco. Moroccan authorities have refused re-entry for the couple, as they have for all deported Christian foreigners.

Lawyer Adghirni said he believes Morocco cannot survive and develop economically – and democratically – without national diversity.

“We can’t be free without Christians,” Adghirni said. “The existence of Christians among us is the proof of liberty.”

Report from Compass Direct News

Pro-Democracy Advocate Released from Prison

Her new Christian faith deepens; authorities allow evangelist Luis Palau to address pastors.

HO CHI MINH CITY, March 30 (CDN) — A Protestant prisoner of conscience who had called for democratic freedoms in Vietnam was released earlier this month after serving a three-year sentence for “propagandizing to destroy the Socialist Republic of Vietnam.”

Attorney Le Thi Cong Nhan’s sentence had been reduced by one year after an international outcry over her sentencing. She was released on March 6. Remaining in prison for another year is her colleague, Christian lawyer Nguyen Van Dai.

The 31-year-old Cong Nhan had also supported a labor union that sought to be independent. Now serving an additional three-year house arrest sentence, Cong Nhan said in a surprisingly frank interview with Voice of America’s Vietnamese language broadcast on March 9 that she has no intention of giving up her struggle for a just and free Vietnam and accepts that there may be a further price to pay.

Cong Nhan, arrested in March 2007, received a Vietnamese Bible from a visiting delegation of the U.S. Commission on International Religious Freedom – with official permission from Vietnam’s minister of Public Security – early in her incarceration, but she had to struggle constantly to retain it. Twice she went on a hunger strike when authorities took the Bible away from her.

She had become a Christian shortly before her arrest, and she told Voice of America that while in prison she was able to read the entire Bible.

“In prison the Lord became my closest friend, my teacher, and the one who carried my burdens with me,” she said. “When I was released from prison, I received many words of praise and of love and respect – I became a bit worried about this, as I do not consider myself worthy of such. I believe I must live an even better and more worthy life.”

Her prison experience has confirmed her calling and faith, she said.

“As a direct result of my prison experience, I am more convinced than ever that the path that I have chosen is the right one,” Cong Nhan said. “Before prison I was just like a thin arrow, but now I have become a strong fort.”

Luis Palau Allowed to Speak

While Christians in several parts of Vietnam are still subject to abuse from local officials, the country’s national authorities have continued to allow high-profile Christian events. On March 17, renowned U.S. evangelist Luis Palau was allowed to address more than 400 pastors in a day-long event at the New World Hotel in Ho Chi Minh City.

Palau, who had arrived in Hanoi with his entourage on March 13, had addressed nearly 200 Hanoi area pastors at an evening event at the Hanoi Hilton on March 14. The two events were streamed live on http://www.hoithanh.com, a popular website that reports on Protestant news in Vietnam. Hundreds of Vietnamese in Vietnam and abroad were estimated to have watched the presentations.

The events were deemed significant, if not historic, by Vietnam’s Christian leaders. Very rarely is a prominent foreign Protestant leader allowed to address Vietnamese leaders, especially one from the United States.

The events were significant also in that they brought together leaders from virtually all segments of Vietnam’s fractured and sometimes conflicted Protestant groups, Christian leaders said. The gatherings included leaders of open churches and house churches, registered and unregistered churches, and urban and even ethnic minority groups from Vietnam’s remote mountainous regions.

Two representatives of a Mennonite church headed by activist pastor Nguyen Hong Quang, however, were turned away by police. 

Palau and Mike McIntosh, pastor of San Diego mega-church Horizon Christian Fellowship, strongly challenged the Vietnamese church leaders to strive for unity. The assembled pastors were challenged to put aside past conflicts and suspicions for the sake of the Kingdom of God in Vietnam, with Palau saying that unity was a requirement for God’s blessing on their churches and nation.

Some Vietnamese leaders responded by expressing remorse for their divisions and committed to start working toward reconciliation.

Organizers and participants said they hope such short events will lead to larger gains. Though the Luis Palau Association had originally planned for a two-day event for 2,000 pastors, most agreed this was an unprecedented first step toward a bigger goal. With an invitation from all segments of the Protestant community in Vietnam in hand, the Luis Palau Association is prepared to help organize evangelistic festivals in Vietnam in 2011, the centenary of Protestantism in Vietnam.

“There is still a long way to go, but we are seeing miracles piling up,” said one senior Vietnamese leader. “It could happen!”

One prominent overseas Vietnamese leader wondered if Palau’s visit to Vietnam could be compared to Billy Graham’s visit to Moscow during the Soviet Communist era.

Also sharing testimonies during the March 17 event were Rick Colsen, a top Intel executive, and John Dalton, Secretary of the Navy under President Clinton.

Report from Compass Direct News 

Ethiopian Authorities Concoct New Charge against Christian

Holding convert from Islam without formal charges since May, police seek ‘terrorism’ evidence.

NAIROBI, Kenya, February 18 (CDN) — Prosecutors and police are trying to concoct a terrorism case against an Ethiopian convert from Islam who has been jailed since May without formal charges, Christian leaders said.

Bashir Musa Ahmed, a 39-year-old Ethiopian national, was arrested on May 23 when police found him in possession of eight Bibles in Jijiga, capital of Ethiopia’s Somali Region Zone Five, a predominantly Muslim area in eastern Ethiopia. Zonal police arrested him after he was accused of providing Muslims with the Somali-language Bibles, sources said, though Ethiopia’s constitution protects such activity.

A state official joined Christian leaders in stating that Islamist interests have kept Ahmed in jail in spite of the state’s failure to find any legitimate charge against him. Initially the Christian was arrested for “malicious” distribution of a version of the Bible that is widely available in Ethiopia and is commonly used by Somali Christians inside and outside of the country.

Unable to mount a case rooted in Islamist accusations with no legal bases, authorities have turned toward the terrorism charge as a new tactic, Christian leaders said. Police have submitted the terrorism charge to prosecutors, prompting the prosecutors last month to ask police to find some evidence for the accusation, according to a church leader.

“Police have submitted their investigation results to the prosecutor’s office accusing Bashir of terrorism,” said the church leader. “We heard that the prosecutors asked police to solidify their accusations with evidences of Bashir’s connections [to a terrorist group, and to specify] which terrorist group. Prosecutors seem to feel they need to have some evidence to charge him with terrorism.”

Church leaders said they have received reports of authorities beating Bashir in jail.

“We repeatedly asked prison officials to take him to the hospital, and they are not willing to do so,” said the church leader. “We are only allowed to talk to him for few minutes in the presence of onlookers. We take food for him, and we don’t know whether it reaches him or not.”

The church leader said law enforcement officials are receiving pressure from tribal and Islamic religious leaders.

“We have visited a number of officials in the region – the regional state president, the chairman of security forces and others, and they openly told us that they don’t want to dismay the public by releasing Bashir,” he said. “Some of the officials were saying to us that it is not right to translate the Bible into the regional state language and cultural context.”

A Christian worker in Addis Ababa said a regional state official of the ruling Ethiopian People’s Revolutionary Democratic Front who has close ties with authorities said that Ahmed was about to be released at one point, as prosecutors were unable to find any chargeable offense against him.

“I was almost sure he would be released within days,” at least on bail, the official told the Christian worker, but “other issues came into play to influence the turn of events.”

The official recalled participating in meetings in which regional state officials brought together all tribal and religious leaders in Somali state, he said.

“I heard the regional state leaders say that they are directly handling Ahmed’s case to protect the religion and culture of Somalis,” he said. “It was enough for me to realize that Ahmed’s case involved a different agenda.”

The Ethiopian constitution guarantees freedom of religion, the official told the Christian worker.

“This is not the communist regime’s time,” he said. “Everyone has the right to follow and practice the religion of his choice. Ahmed shouldn’t be in jail for a single day. I suspect that the regional leaders are using Ahmed’s case for other purposes.”

Ethiopia’s constitution, laws and policies promote freedom of religion, but occasionally local authorities infringe on this right, according to the U.S. Department of State. An estimated 40 to 45 percent of Ethiopia’s population belongs to the Ethiopian Orthodox Church, evangelical and Pentecostal groups make up another 10 percent, and about 45 percent of the country’s people are Sunni Muslim, according to the report.

Held without a court appearance for several months, Ahmed has been repeatedly denied bail as police continued to ask the court for more time to carry out investigations. At one hearing, sources said, a judge in Dire Dawa asked what crime Ahmed had committed; the prosecutor responded that Ahmed was trying to perpetuate a religious clash in the region.

Prosecutors have repeatedly opposed the defendant’s pleas for bail with the argument that the case is a “very high sensitive matter with a potential to instigate religious instability.”

“Ahmed’s case is still pending and seems beyond legal proceedings,” said the Christian worker. “We have tried every possible way, and all didn’t work.”

Powers and Authorities

Bordering lawless Somalia, Ethiopia’s Somali state sees sporadic instability in various areas, and sources said federal officials appear reluctant to take action that could diminish trust with tribal and religious leaders.

An Ethiopian national, Ahmed is known as a bold preacher of Christianity and is credited with opening discussion of the two faiths between Christian and Muslim leaders. He is well-known in the area as a scholar of Islam.

The Christian worker said he has spoken to the speaker of the House of Federation in Addis Ababa, asking that he intervene; he has also brought the matter to the attention of the national security adviser to the prime minister. The adviser said he was unhappy with the handling of Ahmed’s case and promised to come back with some answers within a week.

“This one too just disappeared,” the Christian worker said. “It seems to me that we are only left with the exceptional intervention from God.”

He said a ministry representative in the region has visited the police commander in Somali state to ask why Ahmed has been kept so long without trial. The commander was not responsive, he said.

“When he was challenged that it was Ahmed’s constitutional right to get formal court proceedings, the commander abruptly responded that the constitution was second to his Islamic faith,” the worker said. He added that state authorities, unlike in other areas, are acting according to their personal will rather than the law.

A church leader following the case in Jijiga said that even after many months in prison, Ahmed was fervently telling about faith in Christ to other inmates. “He is zealous to reach his tribe’s men,” said the church leader.

A conviction on terrorism charges would bring him a harsh sentence, he said.

“Bashir has an indefinite and uncertain future,” he said. “Pray for him.”

Report from Compass Direct News 

Belarusian officials continue to persecute Christian church

Belarusian officials continue to harass New Life Full Gospel Church, Forum 18 News Service has learnt. On 4 January the church received a summons from the Minsk City Natural Resources and Environmental Protection Committee, claiming that the church had polluted the ground around its building with oil, causing large amounts of damage.

Church members reject the allegation, Sergei Lukanin noting that "for some reason they only took samples from the road which comes into the car park. Of course they’re going to find traces of oil there."

Belarus also continues to persecute people for the "offence" of unregistered religious activity. Challenged about two heavy fines of a pensioner for this "offence", Lyudmila Paprakova of Grodno Ideology Department told Forum 18 that "we don’t have such persecution here. We’re absolutely democratic." After a woman was fined for allowing her home to be used for unregistered worship, Alla Starikevich of Brest City Ideology Department described the role of officials who started the case as "to maintain mutual relations with religious communities."

Report from the Christian Telegraph

Algerian Muslims Block Christmas Service

Neighborhood residents protest new church building in Kabylie region.

ISTANBUL, December 31 (CDN) — Nearly 50 Muslim members of a community in northern Algeria blocked Christians from holding a Christmas service on Saturday (Dec. 26) to protest a new church building in their neighborhood.

As Algerian Christian converts gathered for their weekly meeting and Christmas celebration that morning, they were confronted by protestors barring the doors of their church building. Tafat Church is located in Tizi-Ouzou, a city 100 kilometers (62 miles) east of the Algerian capital, Algiers. Established five years ago, the church belongs to the Protestant Church of Algeria (EPA). Until recently it met in a small rented building. In November it opened its doors in a new location to accommodate the growing needs of its nearly 350 congregants.

The local residents protesting were reportedly irritated at finding that a church building with many visitors from outside the area had opened near their houses, according to an El Watan report on Sunday (Dec. 27). The daily newspaper highlighted that the residents feared their youth would be lured to the church with promises of money or cell phones.

“This land is the land of Islam! Go pray somewhere else,” some of the protestors said, according to El Watan. Protestors also reportedly threatened to kill the church pastor.

The protestors stayed outside the church until Monday (Dec. 28), and that evening some of them broke into the new building and stole the church microphones and speakers, according to the pastor, Mustafa Krireche. As of yesterday (Dec. 30) the church building’s electricity was cut.

One of Algeria’s Christian leaders, Youssef Ourahmane, said he could not recall another display of such outrage from Algerians against Christians.

“It was shocking, and it was the first time to my knowledge that this happened,” said Ourahmane. “And there weren’t just a few people, but 50. That’s quite a big number … the thing that happened on Saturday was a little unusual for Algeria and for the believers as well.”

A few weeks before the Saturday incident, local residents signed a petition saying they did not want the church to operate near their homes and wanted it to be closed. Local authorities presented it to the church, but Ourahmane said the fellowship, which is legally authorized to exist under the EPA, does not plan to respond to it.

On Saturday church leaders called police, who arrived at the scene and told the Christians to go away so they could talk to the protestors, whom they did not evacuate from the premises, according to local news website Kabyles.net. The story Kabyles.net published on Sunday was entitled, “Islamic tolerance in action at Tizi-Ouzou.”

“In that area where the church is located, I’m sure the people have noticed something happening,” said Ourahmane. “Having hundreds of Christians coming to meet and different activities in the week, this is very difficult for Muslims to see happening there next door, and especially having all these Muslim converts. This is the problem.”

A local Muslim from the neighborhood explained that residents had protested construction of the church building in a residential area, according to El Watan.

“What’s happening over there is a shame and an offense to Muslims,” he told El Watan. “We found an old woman kissing a cross … they could offer money or mobile phones to students to win their sympathies and sign them up. We won’t let them exercise their faith even if they have authorization. There’s a mosque for those who want to pray to God. This is the land of Islam.” 

Behind the Scenes

Ourahmane said he believes that Islamists, and maybe even the government, were behind the protests.

“Maybe this is a new tactic they are trying to use to prevent churches from meeting,” he said. “Instead of coming by force and closing the church, the local police use the Muslim fundamentalists. That’s my analysis, anyhow.”

In February 2008 the government applied measures to better control non-Muslim groups through Ordinance 06-03. Authorities ordered the closure of 26 churches in the Kabylie region, both buildings and house churches, maintaining that they were not registered under the ordinance.

Despite efforts to comply with the ordinance, many Christian groups indicated they were blocked by lack of information, bureaucratic processes or resistance to their applications, according to this year’s International Religious Freedom Report by the U.S. Department of State. None of the churches have closed since then, but their status continues to remain questionable and only valid through registration with the EPA.

“If we have the right to exercise our faith, let them tell us so,” Pastor Krireche told El Watan. “If the authorities want to dissolve our association through legal means, let them do so.”

Recent growth of the church in Algeria is difficult for Muslims to accept, according to Ourahmane, despite public discourse among the nation’s intellectuals advocating for religious freedoms. Unofficial estimates of Christians and Jews combined range from 12,000 to 40,000, according to the state department report. Local leaders believe the number of Algerian Christians could be as many as 65,000.

Increasing numbers of people who come from Islam are like a stab for the Muslim community, said Ourahmane.

“It’s hard for them to accept that hundreds of Christians gather to worship every week,” he said. “It’s not easy. There are no words to explain it. It’s like a knife and you see someone bleeding … They see the church as a danger to Algerian culture.”

The Algerian government has the responsibility to face up to the changing face of its country and to grant Christians the freedom to meet and worship, said Ourahmane.

“The local authorities and especially the Algerian government need to be challenged in this all the time,” he said. “They have to be challenged: ‘Don’t you recognize the situation here?’ I mean we’re talking of tens of thousands of believers, not just a few.”

There are around 64 churches in the Kabylie region, where most Algerian Christians live, as well as house groups, according to Ourahmane. The Kabylie region is populated by Berbers, an indigenous people of North Africa.

“There are lots of healings and deliverance, and people are experiencing new things in their life,” Ourahmane said of the Algerian churches. “They are finding hope in Christ which they have never experienced before.”

There are half a dozen court cases against churches and Christians. None of these have been resolved, frozen in Algeria’s courts.

False Accusations

In ongoing negative media coverage of Christians, last month Algerian newspaper Echorouk published a story claiming that the former president of the EPA, who was deported in 2008, had returned to Algeria to visit churches, give advice and give them financial aid.

The report stated that the former EPA president, Hugh Johnson, was known for his evangelism and warned readers of his evangelizing “strategies.” 

Yesterday Johnson told Compass by telephone that the report was pure fabrication, and that he has not set foot in Algeria since he was deported.

Johnson’s lawyers are still trying to appeal his case in Algerian courts.

This year church groups stated that the government denied the visa applications of some religious workers, citing the government ban on proselytizing, according to the state department report.

Report from Compass Direct News 

Recent Incidents of Persecution

Chhattisgarh, India, November 17 (CDN) — Police on Nov. 8 detained Christians based on false allegations of “allurement to conversion” in Yadunandan Nagar, near Bilaspur. The Global Council of Indian Christians reported that at 8:45 p.m., nearly 150 locals stormed the house where a prayer service led by Kesboram Bhagel and his sister-in-law, Sangeetha Daniel, was taking place for a sick boy. Led by Hindu extremists from the Dharam Sena and Bajrang Dal shouting “Jai Shri Ram [Hail Lord Ram],” area Hindus dragged Bhagel out of the house as they slapped and kicked him. Police came to the site but remained mute spectators as the extremists continued beating Bhagel. Officers took Bhagel and other Christians to the Civil Lines Police Station at 10:10 p.m., followed by nearly 70 Hindu extremists, and released them at 3:30 a.m. without being charged. Police officials told Compass that they could not arrest any of the Hindu aggressors because Bhagel stated that he could not identify any of them. 

Karnataka – Police along with Hindu nationalist extremists on Nov. 6 disrupted a house church service in Bhadravathi, Shimoga district, falsely accused a physically challenged pastor of forcible conversion and verbally abused him. The Global Council of Indian Christians reported that around 12:30 p.m. nearly 20 intolerant Hindus barged into the Faith in Christ house church as three families assembled for their weekly service. Pastor Kannan Ramesh, owner of a small tailoring shop out of the same house, told Compass that the extremists angrily questioned two Christians identified only as Thrimurthi and Kumar about “conversion activities” at the church. They also tried to coerce Kumar into falsely testifying that Pastor Ramesh was forcibly converting local villagers, which Kumar refused to do in spite of threats. The extremists took Pastor Ramesh by auto-rickshaw to Old Town Rural Police Station in Bhadravathi, along with Kumar and Thrimurthi. Police questioned Pastor Ramesh about his tailoring business and warned him against using the place as a church, and then released the Christians without charges at about 11 p.m.

Karnataka – Nearly 20 Hindu nationalist extremists from the Bajrang Dal on Nov. 3 attacked a Christian identified only as Manjunath on the pretext of “forcible conversions” near an apartment complex in Attavar, Mangalore. The Daijiworld Media Network reported that the extremists struck Manjunath, a construction worker, with their hands at the BG Court Apartments as he stood outside his rental unit. They entered Manjunath’s apartment and found Christian literature. Neighbors said they had no knowledge of any conversion activity at his apartment; local sources confirmed this to Compass, and police arrived at the same conclusion after an investigation. Occasionally Manjunath’s friends assembled for prayer at his house, sources said, and Hindu extremists noticed and mobilized a mob, bringing along local television crew that filmed the attack.

Chhattisgarh – Nearly 100 Hindu nationalist extremists on Nov. 1 stormed a Sunday service, attacking a pastor, his family and the congregation and spewing baseless accusations of forceful conversion in Fukagirola, 30 kilometers (19 miles) from Kondagaon, Bastar district. The Evangelical Fellowship of India (EFI) reported that at 11 a.m. the mob barged into Milan Prarthana Mandir church, accused Pastor Angel Natham of forcible conversion and started beating him. They snatched his 1-year-old son, Akush Raj, from his wife and threw him to the ground, then beat her and 10 others. EFI reported that Kondagaon police arrived at 1 p.m. and took the pastor to the police station, and only afterward was he sent to a hospital where he underwent treatment. His son’s left ear was reportedly injured, and the infant was having difficulty hearing. A police official told Compass a complaint of forcible conversion against the pastor was filed by a person identified only as Shuklal, and that an investigation into the assault was in progress.

Chhattisgarh – Suspected Hindu extremists attacked a Sunday worship service on Oct. 25 at Masturi, 17 kilometers (10 miles) from Bilaspur district, injuring the backbone, arms and chest of Pastor Pavitra Kumar Beshra. The 27-year-old pastor of Beersheba Church of God, who works with Indian Evangelical Team (IET), was attacked by masked men dressed in cricket uniforms at 1:30 p.m. They arrived on motorcycles and called Pastor Beshra out of the church, then started to beat him with a cricket bat and stumps, Anish Charan told Compass. The pastor managed to escape and shut himself into the church building. The attackers also injured another church member, Triveni Basanti, 34, according to IET, and damaged a church member’s motorcycle. The unidentified men left the place shouting “Jai Shri Ram [Hail Lord Ram].” Pastor Beshra has filed a First Information Report with local police.

Karnataka – Hindu extremists attacked a school for street children in Hubli district on Oct. 22. Some 25 members of the Sri Ram Sene (Army of Lord Ram) forcefully entered the school building of the Adarsha Children’s Education Centre, which belongs to the minority Christian community, and damaged school property, Bibles and other books, reported the Global Council of Indian Christians. After vandalizing the school, the extremists went to a police station and pressed charges against school authorities for allegedly “forcefully converting” students to Christianity. This educational center, managed by Daniel Lingaraju, was started in July and is dedicated to training and teaching poor street children.

Report from Compass Direct News