Clearing homeless camps compounds the violation of human rights and entrenches the problem


Cristy Clark, Southern Cross University

On Wednesday evening, the New South Wales state government passed legislation empowering police to dismantle the Martin Place homeless camp in the heart of Sydney’s CBD. This follows similar actions in Victoria, where police cleared a homeless camp outside Flinders Street Station. Melbourne Lord Mayor Robert Doyle proposed a bylaw to ban rough sleeping in the city.

In March, the UN special rapporteur on the right to housing, Leilani Farha, censured the City of Melbourne’s actions, stating that:

… the criminalisation of homelessness is deeply concerning and violates international human rights law.

As the special rapporteur highlighted, homelessness is already “a gross violation of the right to adequate housing”. To further discriminate against people rendered homeless by systemic injustice is prohibited under international human rights law.


Further reading: Ban on sleeping rough does nothing to fix the problems of homelessness


Real problem is lack of affordable housing

In contrast to her Melbourne counterpart, Sydney Lord Mayor Clover Moore had been adopting a more human-rights-based approach to resolving the challenges presented by the Martin Place camp.

After negotiating with camp organisers, Moore made it clear her council would not disperse the camp until permanent housing was found for all of the residents. As she pointed out:

You can’t solve homelessness without housing — what we urgently need is more affordable housing and we urgently need the New South Wales government to step up and do their bit.

It’s no secret that housing affordability in both Sydney and Melbourne has reached crisis point. And homelessness is an inevitable consequence of this. But we have seen little real action from government to resolve these issues.

The NSW government has been offering people temporary crisis accommodation or accommodation on the outskirts of the city. This leaves them isolated from community and without access to services.

In contrast, these inner-city camps don’t just provide shelter, food, safety and community; they also send a powerful political message to government that it must act to resolve the housing affordability crisis.

Having established well-defined rules of conduct, a pool of shared resources and access to free shelter and food, the Martin Place camp can be seen as part of the commons movement.

This movement seeks to create alternative models of social organisation to challenge the prevailing market-centric approaches imposed by neoliberalism and to reclaim the Right to the City.


Further reading: Suburbanising the centre: the government’s anti-urban agenda for Sydney


We should be uncomfortable

It is not surprising that right-wing pundits have described these camps as “eyesores” or that they make NSW Premier Gladys Berejiklian “completely uncomfortable”. The breach of human rights these camps represent, and the challenge they pose to the current system, should make people uncomfortable.

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Unlike most comparable nations, Australia has very limited legal protections for human rights. In this context, actions like the Martin Place and Flinders Street camps are one of the few options available to victims of systemic injustice to exercise their democratic right to hold government to account.

In seeking to sweep this issue under the carpet, both the City of Melbourne and the NSW government are not only further breaching the right to adequate housing, they are also trying to silence political protest.

It is clear from Moore’s demands, and the NSW government’s own actions, that the Martin Place camp is working to create pressure for action. What will motivate the government to resolve this crisis once the camps have been dispersed?

As Nelson Mandela argued in 1991 at the ANC’s Bill of Rights Conference:

A simple vote, without food, shelter and health care, is to use first-generation rights as a smokescreen to obscure the deep underlying forces which dehumanise people. It is to create an appearance of equality and justice, while by implication socioeconomic inequality is entrenched.

We do not want freedom without bread, nor do we want bread without freedom. We must provide for all the fundamental rights and freedoms associated with a democratic society.

Mandela’s words were hugely relevant to apartheid South Africa, where a ruling elite had established a deeply racist and unjust system that linked political disenfranchisement and material deprivation. But they also resonate today in Australia where inequality is on the rise – driven in large part by disparities in property ownership.

The ConversationHomelessness is a deeply dehumanising force that strips people of access to fundamental rights. The policies that are creating this crisis must be seen as unacceptable breaches of human rights. We need to start asking whether our current economic system is compatible with a truly democratic society.

Cristy Clark, Lecturer in Law, Southern Cross University

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

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Despite Court Victories, Church Building in Indonesia Blocked


Islamists attack, issue threats to halt construction of worship center in West Java.

JAKARTA, Indonesia, September 22 (CDN) — A year after a church in West Java won a court battle over whether it could erect a worship building, Islamic extremists have blocked construction through attacks and intimidation tactics, church leaders said.

A mob of 50 Muslim extremists on Sept. 12 attacked construction workers at the Batak Christian Protestant Church (Huria Kristen Batak Protestan, or HKBP) site in Cinere village, near Depok City, in Limo district, eyewitnesses said; the 24 workers, who were on break, fled from the attackers, who chased them brandishing wooden boards studded with nails. Cinere village police arrived to restore order, but the mob left behind seven banners opposing the construction.

Three days later, Islamic groups demonstrated near the construction site on Puri Pesanggarahan IV St., demanding that all Christian activities in the area cease. About 70 Muslims participated in the demonstration, trying to approach the construction site until hundreds of police repelled them. Police have continued guarding the site.

The church won a case in West Java State Administrative Court on Sept. 17, 2009, rescinding a local order that had revoked the church’s building permit. The Supreme Court later upheld the Bandung court’s ruling, but threats have kept the church from proceeding.

Betty Sitompul, vice-chair of the church building committee, said she has received many intimidating text messages from a group opposed to the construction.

“They demanded that the church construction be halted,” she told Compass.

Sitompul added that some of the messages were intensely angry, and that all were aimed at stopping construction.

She said she an official of the Depok municipal government contacted her requesting that construction be delayed two months in order to discuss it with area residents. With a Supreme Court decision backing their case, church leaders declined and continued building.

Sitompul said she never yielded to threat or intimidation because the church construction project has a firm legal basis in the Supreme Court decision.

“There was no need to worry any longer,” she said. “I felt the problem was solved. It is normal for some to be dissatisfied.”

The Muslim Defenders’ Front (Front Pembela Islam, or FPI) reportedly participated in the Sept. 15 demonstration, but the FPI leader for Depok City, Habib Idrus Al Gadhri, denied opposing the area HKBP church.

“The rejection is from the Cinere Islam Solidarity Forum [FSUM] not from the FPI,” Al Gadhri told Compass.

He said that the HKBP church in Cinere is not facing opposition from the FPI but from the entire Muslim community.

“If FPI members are involved, I’m not responsible,” Al Gadhri said. “My advice is for the entire Muslim community in Cinere to sit down together and not demonstrate.”

The church had originally been granted a building permit in 1998. Applications for church permits are often fraught with difficulty in Indonesia, leaving many congregations no choice but to worship in private homes, hotels or rented conference facilities. Such gatherings leave churches open to threats and intimidation from activist groups such as the FPI, which in recent years has been responsible for the closure of many unregistered churches.

 

Congregational Concern

Despite having the law on their side, church leaders said many in the congregation are haunted with dread amid outbreaks of Islamic ire at the presence of churches in West Java, such as the Sept. 12 attack on the HKBP church in Ciketing, Bekasi, in which an elder was seriously wounded and a pastor injured.

Peter Tobing, head of the Cinere HKBP church building committee, said that some in the congregation and building committee feared that the outbreaks of Islamic opposition will lead to chaos.

The church is planning to sue the Depok municipality based on the allegation that its actions were illegal and caused deterioration at the site. When Depok Mayor Nur Mahmudi Ismail revoked the building permit for a multipurpose building and house of worship on March 27, 2009, it led to losses for the church as the congregation had to leave it unattended for a year, according to Tobing.

“Because of this, construction began with the clearing of weeds and building materials [such as paint] that had degraded,” Tobing said.

Sitompul said the bases for the lawsuit are the court decisions declaring the Depok mayor’s revocation of the building permit to be illegal.

“The Depok municipal government must take responsibility for the losses incurred when the building permit was revoked,” she said.

The lawsuit will seek compensation for damages incurred over the last two years, she said.

“We are going to submit all the data to the Depok government,” Sitompul said. “Then we will file our suit in the Depok Municipal Court.”

The church plans to construct its multipurpose building on a 5,000-square meter lot. Construction was halted in the initial stages, with the bottom floor 30 percent completed. The church had spent some 600 million rupiahs (US$66,000), with total costs projected at 2 billion rupiahs (US$220,000).

Report from Compass Direct News

Bomb Attack in Iraq Seriously Injures Christian Students


One person dead in explosions that end classes for students this semester.

ISTANBUL, May 5 (CDN) — At least 50 Iraqi Christian students are receiving hospital treatment following a bomb attack on Sunday (May 2) outside Mosul that killed at least one person and has forced nearly 1,000 students to drop classes for the rest of the semester.

Nearly 160 people were injured in the blasts targeting three buses full of Christians traveling to the University of Mosul for classes. The convoy of buses, which brings Christian students from villages east of Mosul, was making its daily route accompanied by two Iraqi army cars.

“This is the hardest attack, because they attacked not only one car, but the whole convoy and in an area that is heavily guarded by the army,” said Syrian Catholic Bishop of Mosul Georges Casmoussa.

The explosions happened east of Mosul between two checkpoints. A roadside bomb followed by a car bomb reportedly exploded as the buses were clearing the second checkpoint in the area of Kokjaly. The checkpoint was staffed by U.S., Iraqi and Iraqi Kurdish soldiers.

The owner of a nearby car repair shop, Radeef Hashim Mahrook, was killed in one of the blasts as he tried to help the students, sources said.

Sources told Compass that lately there have been indications that Islamic extremists intend to increase attacks against Christians in more sophisticated and targeted ways. There were no warnings of the Sunday blasts.

Nearly 20 of the more seriously injured students are receiving treatment in Erbil, capital of the semi-autonomous Kurdish region. Casmoussa said the Turkish Consulate and the Kurdish Regional Government have offered to transfer students needing more medical care to Turkey.

“Some of them were severely injured in the face, arms, necks or eyes,” said Casmoussa. “Now the Turkish consulate and the government of Kurdistan offer us to bring the most injured to Turkey to continue the care.”

Many of Mosul’s Christians have fled the city after repeated violence targeting them and live in the villages east of the city. The students on Sunday’s convoy were from Qaraqosh, Karamless and Bartella, located nearly 32 kilometers (20 miles) away.

Over 1,000 Christian students, most belonging to internally displaced families, and about 100 university faculty and staff members commute to Mosul every week in buses belonging to the Syrian Catholic Bishopric. About 15 buses served the internally displaced Christian community daily.

“The project of transportation of students will be stopped,” said Casmoussa. “We can’t continue now.” 

While the church has focused on dealing with immediate medical needs, the bishop said the church simply could not take the responsibility of transporting students after such a calculated and fierce attack.

“The chief of army offered to help us again, but it is impossible,” said Casmoussa. “They were with us every day…yet this is the result. We don’t have another solution now.”

Last February, after attacks against Christians left three university students dead, the Chaldo-Assyrian Student and Youth Union proposed that the Ministry of Education open a new university in a safer area on the Nineveh plains. Nearly 3,000 Christian undergraduate students and 250 graduate students are studying in Mosul.

Casmoussa said the Christian community is hoping the University of Mosul will help Christian students who are unwilling to commute to Mosul by sending faculty members to hold semester-end examinations in Qaraqosh.

“This is [an attack] against all the Christian people,” said Casmoussa. “Our culture is immense capital for the future to build our lives, not just to have bread to eat and continue life without any sense.”

Due to the violence against Christians in Mosul, Casmoussa relocated to the village of Qaraqosh three years ago, and commutes into the city to serve his diocese. On Jan. 17, 2005 gunmen abducted him and released him the next day.

Sunni Muslim insurgents have frequently targeted members of Iraq’s Christian minority, especially in Mosul. Iraq’s current government is Shiite-led.

Report from Compass Direct News