Young Australians champion ‘democracy’ and ‘freedom’ in designing constitutional change

Many high school students are politically engaged. But how would they change the preamble to the Constitution?
AAP/Lukas Coch

Benjamin T. Jones, CQUniversity Australia and John Warhurst, Australian National University

When the Australian constitution was written in the 1890s, the authors did not envision an independent nation, but a self-governing dominion of the British empire. As such, the preamble does not contain flowery language about national values. Instead it is a dry, legalistic introduction simply noting that some of her majesty’s “possessions” have federated. One unsuccessful attempt to change it was made in a 1999 referendum.

In March 2019, 120 high school students from around Australia met in Canberra for the 24th National Schools Constitutional Convention. Their mission was to write a new preamble, with the authors of this article serving as facilitators. Over two days of lively debate, sometimes heated but always civil, a final version was drafted.

In a referendum-style vote, a majority of students and a majority from each state ratified the preamble (83 “yes”, 34 “no”, two voted informal, one abstained). The students’ preamble was presented to the federal Senate on April 2 and entered into Hansard.

The referendum result.

The students’ preamble

We the Australian people, united as an indissoluble Commonwealth, commit ourselves to the principles of equality, democracy and freedom for all and pledge to uphold the following values that define our nation.

We stand alongside the traditional custodians of the land and recognise the significance of Aboriginal and Torres Strait Islander cultures in shaping the Australian identity, their sovereignty was never ceded.

As a nation and indeed community, we are united under the common goal to create a society catered to all, regardless of heritage or identity.

We pledge to champion individual freedom and honour those who have served and continue to serve our nation.

As Australians, we stand for the pursuit of a democratic state that upholds the fundamental principles of human values as set out by this Constitution.

The student’s preamble differs enormously from the one written in the 19th century. It is noteworthy that it includes the words “democratic” and “freedom” twice – neither are in the current preamble or the constitution. From the students’ preamble, three elements emerge that young people want to see enshrined.

Acknowledging First Nations

During the debates, the most contested issue was whether to explicitly recognise First Nations people and if so, how. Ultimately, the students, including a representative group of Indigenous students, voted strongly in favour of constitutional recognition. In particular, the phrase “sovereignty was never ceded” is significant.

It is a rallying cry for many First Nations people and a rejection of assimilation. Indigenous Australians are still fighting for self-determination and the right to be heard. The Voice to Parliament put forward by the Uluru Statement is still being debated. Constitutional recognition that sovereignty was never ceded is a more radical proposal. It suggests that Indigenous justice is important to young Australians.

Egalitarianism is still key

The egalitarian ideal has a long history in Australia. The concept of the “fair go” is mythical in one sense, but a cherished part of the collective imagination.

The first line of the students’ preamble commits the nation to the principle of equality. The third line stresses the importance of a “society catered to all”.

Although not explicitly stated, the word “identity” suggests the LGBT community was in mind. Young Australians overwhelmingly supported the same-sex marriage plebiscite in 2017. The government is currently considering new religious freedom laws in response to the sacking of Israel Folau by Rugby Australia.

It is significant, then, that young Australians place such value on society being catered for all, “regardless of heritage or identity”.

Values matter

What permeates through the students’ preamble is the message that values matter. Unlike the original constitutional writers, young people want their preamble to be a mission statement that articulates the “values that uphold the nation”. The trident of “equality, democracy and freedom” are highlighted.

The preamble also notes the twin priorities of a free state that sit together though sometimes in tension. As the third line notes, Australia is a “nation and indeed community”. But the fourth line tempers this with a commitment to “champion individual freedom”. The ideal democratic state for these young Australians places value on both the individual and the collective.

Dr Benjamin T Jones addresses the convention.

Time for change?

At the 1999 referendum, Prime Minister John Howard, despite being against a republic, campaigned in favour of a new preamble. The one he and republican Les Murray authored did not gain much popularity. But it is significant that even an ardent monarchist like Howard was convinced the preamble needed to be updated.

The authors of the students’ preamble were mainly in Year 11 and too young to vote in the May election. Nevertheless, they are thoughtful, intelligent citizens and the future of our democracy. Their voice is worth listening to.

Benjamin T. Jones, Lecturer in History, CQUniversity Australia and John Warhurst, Emeritus Professor of Political Science, Australian National University

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

Did ‘ending’ detention on Nauru also end the constitutional challenge to offshore processing?

Joyce Chia, Monash University and Asher Hirsch, Monash University

The Nauruan government announced earlier this week that it will remove the remaining restrictions on the liberty of the asylum seekers detained there, and process all pending claims for asylum. It initially said it would process the claims in a week, but has since backtracked from that commitment.

Many have claimed that the announcement is a strategic move to undermine a constitutional challenge to Australia’s offshore detention regime, heard by the High Court this week – although the Australian government has denied this. So does the policy change spell the end of the challenge?

While that question can only be answered after the High Court’s decision, the hearings give a hint. The short answer is that the Nauruan government’s announcements have already had a much greater effect in the High Court than on Nauru itself.

So what is this case about anyway?

The plaintiff in this case is a Bangladeshi woman who was detained on Nauru before being brought to Australia during her pregnancy. If the case fails, she, her ten-month-old baby and more than 200 people now in Australia will be sent back to Nauru or Manus Island.

The case, together with a similar one relating to Manus Island, began as a challenge to the Commonwealth’s power to spend money on offshore processing centres. This was on the basis of recent High Court cases that found that legislation was generally required to authorise the Commonwealth entering into contracts and spending money, subject to certain exceptions.

Not unusually, parliament intervened. In late June, the major parties combined to pass “emergency” authorising legislation, which applied retrospectively.

This meant the plaintiff was forced instead to argue that the emergency legislation was invalid because it did not fall within the Commonwealth’s powers to make laws set out under the Constitution. As the High Court’s questions made clear, this is a difficult argument to run. The authorising legislation appears clearly related to at least two of the broadest legislative powers of the Commonwealth – the power to regulate aliens and the power to engage in external affairs.

The plaintiff’s main argument now was that the Commonwealth, by in effect detaining asylum seekers on Nauru, went beyond its constitutional power to detain. The argument rested on two main steps.

• First, previous cases had established certain constitutional limits on the executive’s power to detain asylum seekers in Australia. These limits included that such detention must be limited to permissible purposes and limited in time to what was reasonably practicable to effect that purpose, and that the courts must be capable of supervising the legality of that detention.

• Second, these constitutional limits did not apply to detention on Nauru. The effect of this was that the offshore processing regime enabled Australia to do outside its borders what it could not do inside. This would in effect subvert the High Court’s role in supervising the constitutionality of executive power.

At the heart of this was an argument that the Commonwealth was to be treated as, in substance, detaining the asylum seekers. That argument rested on the evidence that the Commonwealth funded, authorised and controlled the offshore processing regime.

This is a difficult argument to run. Similar arguments failed last year before the High Court. As High Court justices pointed out this week, there is nothing in either the Migration Act or the Memorandum of Understanding that requires Nauru to detain asylum seekers.

How did Nauru’s announcement change the case?

Nauru’s announcements over the past week significantly undermined the plaintiff’s main argument. This argument rests on there being unconstitutional detention, and now there is no detention.

As a consequence, the Commonwealth argued that all of the questions (and associated remedies) in the case relating to the Commonwealth’s future conduct were no longer relevant.

The Commonwealth is also now arguing that it is not useful for the High Court to consider the legality of past detention. This is because deciding that question will not produce any real consequence for the plaintiff.

That might surprise lay observers, but Australian courts have long held that the courts should not decide cases where it can serve no useful result. While a claim for compensation could have been such a result, the case was never argued in this way – as the Commonwealth duly pointed out.

Circumventing the courts

From this week’s hearings, it certainly seems that these sudden changes to policy in Nauru have dramatically weakened this constitutional challenge – if not yet the companion challenge to the constitutionality of offshore processing on Manus Island.

Yet again, it seems, the government may have successfully outmanoeuvred legal challenges by changing the law and the facts on the ground.

For the asylum seekers on Nauru, other facts on the ground remain much the same. They are still unsafe, separated from their families and unable to leave Nauru for a real life.

Joyce Chia, Lecturer (Sessional), Monash University and Asher Hirsch, Tutor, Monash University

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

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

Christians Decry Malaysia’s Detention of Bible Books

After stopping 5,100 Bibles in 2009, authorities withhold 30,000 Malay-language copies.

KUALA LUMPUR, Malaysia, March 14 (CDN) — The detaining of 30,000 copies of the New Testament, Psalms and Proverbs in the Malay language at Malaysia’s Kuching Port has “greatly disillusioned” the nation’s Christian community.

The books, imported from Indonesia by the local branch of Gideons International for distribution in schools, churches and longhouses in Betong, Saratok and other Christian areas in Sarawak state, have been detained at the Kuching Port since January.

Authorities told an unnamed officer of the importer on Jan. 12 that he could not distribute the books in Sarawak state, on the island of Borneo, since they “contained words which are also found in the Quran,” according to online news agency Malaysiakini. The officer was ordered to transport the books to the Home Ministry’s office for storage.

Last week, when the same officer enquired of the Home Ministry officials on the status of the Malay Bibles, authorities said they had yet to receive instructions on the matter.

This is not the first time government authorities have detained Malay-language Bibles, and Bishop Ng Moon Hing, chairman of Christian Federation of Malaysia, decried the action.

“The CFM is greatly disillusioned, fed-up and angered by the repeated detention of Bibles written in our national language,” Ng said. “It would appear as if the authorities are waging a continuous, surreptitious and systematic program against Christians in Malaysia to deny them access to the Bible in [Malay].”

An earlier consignment of 5,100 copies of the Good News Bible in Malay, imported by the Bible Society of Malaysia, was detained in Port Klang in March 2009. Together with this latest seizure, the total number of Bibles seized and remaining in possession of the Home Ministry amounts to 35,100 copies.

The CFM, representing a majority of Christians in Malaysia, released a statement on March 10 asserting, “All attempts to import the Bible in Bahasa Malaysia [Malay], i.e. the Alkitab, whether through Port Klang or the Port of Kuching, have been thwarted” since March 2009.

Prior to March 2009, there had been several such incidents, and “each time, tedious steps had to be taken to secure their release,” according to the CFM.

A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life. Christian leaders say having Bibles in the Malay language is crucial to the practice of their Christian faith.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

This latest Bible book seizure has irked Christians and drawn criticisms from politicians spanning both sides of the political divide.

The Sarawak Ministers Fellowship issued a statement registering its “strong protest,” describing the detention of the books as “unconstitutional” and in violation of the 18-point agreement for Sarawak in the formation of Malaysia.

Representing the opposition political party, People’s Justice Party (Sarawak Parti Keadilan Rakyat) Chief Baru Bian described the withholding as “religious harassment” and “a blatant disregard of our constitutional right as Christians in Malaysia.”

Chua Soi Lek, president of the Malaysian Chinese Association, a political party within the ruling coalition National Front, proposed that Malay Bibles be allowed to be printed locally. The deputy chief minister of Sarawak, Dr. George Chan, expressed the state government’s willingness to publish the Malay Bible locally.

Home Minister Hishammuddin Hussein was quoted in The Star newspaper today as saying, “The issue … is being resolved amicably with the parties concerned,” though how this was taking place was not apparent. The home minister has reportedly said the books had been withheld pending an appeal over the use of the word “Allah” in The Herald catholic newspaper.

Secretary-General of Malaysian Muslim Youth Movement Mohamad Raimi Abdul Rahim has called for the government to enforce the ban on use of the word “Allah” by non-Muslims nationwide, including in Sabah and Sarawak.

In a controversial court ruling on Dec. 31, 2009, Judge Lau Bee Lan had allowed The Herald to use the word “Allah” for God in the Malay section of its multilingual newspaper. The Home Ministry filed an appeal against the decision on Jan. 4, 2010, but to date there is no indication as to when the case will be heard.

Report from Compass Direct News

Christian in Bhutan Imprisoned for Showing Film on Christ

Court sentences him to three years on dubious charge of ‘attempt to promote civil unrest.’

NEW DELHI, October 18 (CDN) — A court in predominantly Buddhist Bhutan has sentenced a Christian to three years in prison for “attempting to promote civil unrest” by screening films on Christianity.

A local court in Gelephu convicted Prem Singh Gurung, a 40-year-old ethnic Nepalese citizen from Sarpang district in south Bhutan, on Oct. 6, according to the government-run daily Kuensel.

Gurung was arrested four months ago after local residents complained that he was showing Christian films in Gonggaon and Simkharkha villages in Jigmecholing block. Gurung invited villagers to watch Nepali movies, and between each feature he showed films on Christianity.

Government attorneys could not prove “beyond reasonable doubt” that Gurung promoted civil unrest, and therefore “he was charged with an attempt to promote civil unrest,” the daily reported.

Gurung was also charged with violation of the Bhutan Information, Communication and Media Act of 2006. Sections 105(1) and 110 of this law require that authorities examine all films before public screening.

A Christian from Bhutan’s capital, Thimphu, told Compass that the conviction of Gurung disturbed area villagers.

While Gurung has the right to appeal, it remained unclear if he had the resources to take that course.

Both Gonggaon and Simkharkha are virtually inaccessible. It can take up to 24 and 48 hours to reach the villages from the nearest road.

“Both villages do not have electricity,” the daily reported. “But Prem Singh Gurung, with the help of some people, is believed to have carried a projector and a generator to screen the movies in the village.”

Over 75 percent of the 683,407 people in Bhutan are Buddhist, mainly from western and eastern parts. Hindus, mostly ethnic Nepalese from southern Bhutan, are estimated to be around 22 percent of the population.

It is also estimated that around 6,000 Bhutanese, mostly from south, are Christian in this landlocked nation between India and China. However, their presence is not officially acknowledged in the country. As a result, they practice their faith from the confines of their homes, with no Christian institution officially registered.

Buddhism is the state religion in Bhutan, and the government is mandated to protect its culture and religion according to the 2008 constitution. As in other parts of South Asia, people in Bhutan mistakenly believe that Christianity is a Western faith and that missionaries give monetary benefits to convert people from other religions.

Yesterday’s Kuensel published an opinion piece by a Bhutanese woman from New York who described herself as “an aspiring Buddhist” condemning both the conviction of Gurung and Christian “tactics.”

“Although we may not like the tactics used by the Christians to proselytize or ‘sell’ their religion to impoverished and vulnerable groups, let’s not lose sight of the bigger picture, in terms of religious tolerance, and what constitutes ‘promoting civil unrest,’” wrote Sonam Ongmo. “If we truly want to establish ourselves as a well-functioning democracy, with equal rights for all, let’s start with one of the fundamental ones – the right to choose one’s faith. We have nothing to worry about Buddhism losing ground to Christianity, but we will if, as a predominantly Buddhist state, we start to deny people the right to their faith.”

While her view is representative of liberal Buddhists in Bhutan, a reader’s response in a forum on Kuensel’s website reflected the harder line.

“These Christians are a cancer to our society,” wrote a reader identifying himself as The Last Dragon. “They had crusades after crusades – we don’t need that. We are very happy with Buddhism. Once Christianity is perfect – as they always claim [it] to be, then let’s see.”

In July, the government of Bhutan proposed an amendment in the Penal Code of Bhutan which would punish “proselytizing” that “uses coercion or other forms of inducement.” (See,  “Buddhist Bhutan Proposes ‘Anti-Conversion’ Law,” July 21.)

Christian persecution arose in Bhutan in the 1980s, when the king began a “one-nation, one-people” campaign to “protect the country’s sovereignty and cultural integrity.” Ethnic Nepalese, however, protested the move on grounds of discrimination. Authorities responded militarily, leading to the expulsion or voluntary migration of over 100,000 ethnic Nepalese, many of whom were secret Christians, to the Nepal side of the border in Jhapa in the early 1990s.

An absolute monarchy for over 100 years, Bhutan became a democratic, constitutional monarchy in March 2008, in accordance with the wish of former King Jigme Singye Wangchuck, who served from 1972 to 2006. Since the advent of democracy, the country has brought in many reforms. It is generally believed that the government is gradually giving more freedom to its citizens.

The present king, Jigme Khesar Namgyel Wangchuck, and Prime Minister Lyonchen Jigmey Thinley, are respected by almost all Bhutanese and are seen as benevolent rulers.

Report from Compass Direct News

Judges Rule Church in Bekasi, Indonesia Can Worship

Court revokes decree prohibiting Christian activities of HKBP Filadelfia.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News

Indonesian Church Leaders Wounded in Attack

Elder remains in critical condition after being stabbed in heart, stomach.

JAKARTA, Indonesia, September 15 (CDN) — An elder of a West Java church that Muslim groups attacked last month remains in critical condition after a motorcyclist stabbed him in the heart and stomach on his way to a service on Sunday (Sept. 12), according to Theophilus Bela, president of the Jakarta Christian Communication Forum.

Hasian Sihombing of Batak Christian Protestant Church (Huria Kristen Batak Protestan, or HKBP) sustained a wound to his heart of three centimeters. Also injured in the attack was the Rev. Luspida Simanjuntak, struck with a wooden block on her back, head and face by another motorcyclist when she tried to help Sihombing.

Simanjuntak, who suffered dizziness after the attack, was still weak and receiving hospital treatment along with Sihombing at Mitra Keluarga Hospital Bekasi Timur, Bela stated in an e-mail advisory today.

A member of the HKBP congregation, Ratna Gurning, told Compass that she was with Sihombing as he and other church members walked to the service in the Ciketing area of Bekasi, where the church has been meeting in an open field after officials in June sealed a house they had used for worship in the Pondok Timur housing complex in Jejalen Jaya sub-district, Bekasi.

“About 500 meters from church, they saw some [16] motorcyclists on eight motorcycles were following them,” Gurning said. “Suddenly, our church elder, Hasian, was stabbed in his stomach.”

Sihombing was bleeding profusely, Gurning said, and Pastor Simanjuntak came to help him.

“Rev. Luspida was beaten from behind with a wooden beam, which struck her head, face, and back,” Gurning said.

Gurning said that Pastor Simanjuntak recognized the assailants as having “come to a religious service of HKBP’s community” to protest.  

On Aug. 8 at least 300 members of the Islamic People’s Forum and the Islamic Defenders Front broke through a police barricade and ordered 20 members of the HKBP church meeting in Ciketing to leave, according to Bela. When the church members refused, the protestors assaulted the group with sticks, stones or their bare hands. Some required hospital treatment.

The previous Sunday, Aug. 1, around 300 Muslim protestors and 300 police officers surrounded members of the HKBP as they worshiped in the open field, and one protestor hit Pastor Simanjuntak on the cheek.

The 1,500-strong congregation has been waiting for local officials to respond to a building permit application filed in 2006. When Muslim neighbors in December 2009 objected to the meetings in a housing complex on the grounds that the church had no permit, officials banned church members from meeting there.

With its building permit application delayed, the church ignored the ban, leading officials to seal the building on June 20. Bekasi Mayor Mochtar Mohammad on July 9 reportedly said he would allow the congregation to meet in public areas or at the city hall, and Pastor Simanjuntak moved worship to the proposed building site. Her church has now filed a case against the Bekasi administration.

Member of Parliament Sukur Nababan told Compass that police must apprehend the assailants in Sunday’s attack quickly. He refuted a comment by Jakarta and Bekasi police officials who said that the incident was not religiously motivated.

“This is not purely criminal,” Nababan said. “This incident was premeditated. Freedom of religious is the responsibility of the government.”

Nababan called on the Bekasi officials to grant a permit to the church for its Christian activities in accordance with the constitutional rights of all Indonesians.

The coordinator of HKBP church’s legal team, Saor Siagian, agreed that the police leaders’ views that the attack was not religiously motivated were erroneous.

“The stabbing of Hasian was not purely a criminal act,” Siagian told Compass. “This incident was pre-planned, and it was terrorism against religious rights.”  

On the day of the attack, President Susilo Bambang Yudhoyono reportedly asked Djoko Suyanto, minister of political, legal and security affairs, to work with the head of Indonesian Police Jendral Bambang Hendarso Danuri to arrest the assailants.

The chairman of the Communion of Churches in Indonesia, the Rev. Andreas Yewangoe, asked police to thoroughly investigate, stop allowing violence and guarantee security for the congregation.

“We also ask all Christians to remain steadfast in the face of this calamity and not be provoked,” he said.

A demonstration in front of National Police Headquarters in Jakarta is scheduled for Thursday (Sept. 16) at 2:30 p.m. to urge police to seriously investigate the attack.

Report from Compass Direct News

Court Acquits Two Evangelists of ‘Illegal Preaching’

Constitutional freedom of religion overcomes objections from annoyed Muslims.

NAIROBI, Kenya, August 13 (CDN) — A Tanzanian court yesterday acquitted two evangelists of “illegal preaching.”

After 10 months of hearings, a Kariakoo area court in Dar es Salaam closed the case against Anglican Christians Eleutery Kobelo and Cecil Simbaulanga, who were arrested in October 2009 after Muslims invited them to participate in a religious debate at which the opponents did not appear, but authorities did.

The two evangelists maintained that no Muslims showed up to the neutral site of the supposed inter-faith debate until Islamists arrived with government security agents who charged them with “using religious sermons to incite Muslims and Christians into viewing each other with suspicion.”

The accusers had claimed that the Christians’ message that Jesus is God had annoyed Muslims and therefore disrupted a peaceful coexistence between those of the two faiths.

Kobelo told Compass by telephone that the Muslims failed to show up in court to support their allegation of illegal preaching. After the verdict, Christians shouting for joy greeted the evangelists as they left the courtroom, he said.

“We are grateful that that the court has done justice and made its ruling based on Tanzania’s constitution that allows for freedom of religion and assembly,” Kobelo said. “We thank the Christians worldwide for praying for us and Compass for highlighting our plight.”

Simbaulanga said the message of Christ’s atoning death and resurrection cannot be stopped.

“The court decision will make us preach the gospel more vigorously, and many Muslims will turn to Christ,” he told Compass. “Muslims tried to stop the movement, but nobody can stop the gospel.”

Kobelo and Simbaulanga were in jail for seven days before they were released on bail on Oct. 27.

Simbaulanga was imprisoned for 62 days between December 2006 and February 2007 in Kigoma, he said. Denied bail, he was accused of trying to convert Muslims to Christ and “abusing Islam” by saying Muhammad had married a young girl. Several cases are pending against him in different courts, he said, and Muslims are constantly searching for him.

An estimated 62 percent of Tanzania’s population is Christian and 35 percent is Muslim, mostly Sunni; other religious groups make up the other 3 percent of the population, according to the U.S. Department of State.

Police in the Tanzanian capital of Dodoma stopped two Christian evangelists from reading excerpts from the Quran in an outdoor event on March 18, 2009, according to the state department’s 2009 International Religious Freedom Report. Officers temporarily detained them and released them with a warning not to read the Quran during sermons to avoid antagonizing the Muslim community.

Report from Compass Direct News

Iran: government security forces burned hundreds of Bibles

Ati News, a site belonging to Morteza Talaee who is the previous head of the security forces and the current member of the Tehran’s city council, in its usual anti-Christian propaganda reported that their social-life reporter had disclosed that shipments of so called, "Perverted Torah and Gospels" had entered Iran through its Western borders, reports FCNN.

Two days later, on May 31st, the same report was reiterated by the official anti-crime website of the Pasdaran Army called "Gerdaub" that a large shipment of Jewish and Christian Scriptures has entered Iran through the Western Azerbaijan province and according to security officials of that province the "occupier forces" that operate in the Western regions of Iraq were responsible for such activities.

Gerdaub, the official website of the Pasdaran Army continued its report by quoting the security official who had stated that:

Some of these books are distributed locally, but most of the books are smuggled and distributed all over the country. In just the last few months, hundreds of such "perverted Bibles" have been seized and burned in the border town of Sardasht.

The same unidentified security source adds that his intention has been to inform and enlighten people.

While the depiction of the Prophet of Islam and other historical religious leaders, whether in good or bad taste, has caused uproar and violent protests, threats of retaliation and assassinations, closure of embassies, long and mournful marches in various parts of countries of the world such as Pakistan, Iran, and Saudi Arabia, its quite interesting that the official website of the most powerful military wing of the Islamic Republic of Iran engages in the shameful act of reporting the burning
of Bibles.

Of course, the security officials have not clarified the difference between these so called "perverted Bibles" and those that are commonly used by people around the world – including Iran.

These officials shamefully label the Holy Scriptures of the Christians contraband without realizing the over two billion people around the world and at least five hundred thousand people in Iran revere and consider holy. This action is no different than what the government has wrongfully accused many Christians of insulting the sacred beliefs of Islam.

On the hand the defenders of the Islamic Republic of Iran in the international organizations and human rights forums claim that religious minorities such as Jews and Christians enjoy constitutional protection and the adherents of these religions not only can elect their own representatives to the parliament, but exercise their religious rights freely and openly. But, as with many other rights and freedoms granted to the people in the constitution, this fundamental right has also been violated
and repressed by the Islamic government.

The leaders of the Islamic Republic not only use the weapon of their pre-selected parliamentary candidates to control who gets into the legislature, but severely suppresses the religious minorities by demanding the names of those attending church services, banning the entry of Farsi-speaking members into church building and any preaching in the Farsi language, rejecting any building permits for church buildings, and the publishing of Bibles and other Christian literature which amounts to nothing
but direct interference in the religious affairs of the very people it claims to be protecting.

For these reasons Christians have taken refuge at homes and congregate in home-style churches form small home-based churches. Even then, many of these Christians are harassed and often pursued by security agents and are arrested and detained. Many Christian leaders have been detained for long periods of time in undisclosed locations and often very expensive bails have to be posted to secure their freedom.

The question remains as to how long the Christian community outside of Iran can tolerate such persecutions and atrocities? Moreover, and not withstanding the fact that Iranian Christians do not have the right to publish their holy scriptures, those Christians from around the world who donate Bibles to their brothers and sisters inside Iran are insulted by labeling their donated Bibles as contraband and burned by the security agents.

It is only appropriate that the official website of the Pasdaran army that has published this report and has confirmed the validity of this news through one of its security agents be condemned by the international Christian community and the world to demand the identification of those perpetrated this shameful act.

Such insults and offensive actions in burning the Christian Bible coincides with the Islamic community’s full enjoyment, freedom, and the blessings of the Western nations that allow them to publish the Islamic Holy Book, the Quran, and to build as many mosques as its needed in various European and North America cities.

The Quran states that the Torah and the Gospels are Holy Scriptures as well. Nevertheless, the Islamic leaders claim that the Bibles used by Christians and Jews are not the authentic scriptures but have been changed by the church. Considering the fact that the Quran also states that no man can destroy the word of God, the question remains that if the currently used Bible is, as the Islamic leaders so claim, a changed and untrustworthy document where is the real Torah and the Gospels?

If the Quranic claim that the word of God can never be perverted and changed, then there must be a copy of the real Torah and the Gospels somewhere. To this question Muslims have not credible answers. There is no such difference or variance between today’s Scriptures and the original writings. Our modern Bibles go back to the very ancient copies of the scriptures that in some cases date back to only 50 years from Christ Himself. There are even copies of the Old Testament that date several hundred
years before Christ.

Definitely and for sure, one can not find any ancient writings that have been as carefully and precisely copied and preserved as the Bible has been. There are thousands of ancient manuscripts in world museums that testify to this fact. Therefore the claim that the Bible is a changed and false scripture is totally baseless and is nothing but a ploy to confuse and mislead people by the Islamic leaders.

In any event, the burning of any book, especially one that is honored and revered by a great majority of people around the world, is an unacceptable and immoral act and must be condemned by the world community.

Report from the Christian Telegraph

Threat of Return to Hindu State in Nepal Looms

With deadline for new constitution approaching, Christians fear end of secular government.

KATHMANDU, Nepal, March 30 (CDN) — Four years after Nepal became officially secular, fear is growing that the country could revert to the Hindu state it was till 2006, when proclaiming Christ was a punishable offense and many churches functioned clandestinely to avoid being shut down.

Concerns were heightened after Nepal’s deposed King Gyanendra Shah, once regarded as a Hindu god, broke the silence he has observed since Nepal abolished monarchy in 2008. During his visit to a Hindu festival this month, the former king said that monarchy was not dead and could make a comeback if people so desired.

Soon after that, Krishna Prasad Bhattarai, a former prime minister and respected leader of the largest ruling party, said that instead of getting a new constitution, Nepal should revive an earlier one. The 1990 constitution declared Nepal a Hindu kingdom with a constitutional monarch.

There is now growing doubt that the ruling parties will not be able to fashion the new constitution they promised by May.

“We feel betrayed,” said Dr. K.B. Rokaya, general secretary of the National Council of Churches of Nepal. “The Constituent Assembly we elected to give us a new constitution that would strengthen democracy and secularism has frittered away the time and opportunity given to it.”

The clamor for a Hindu state has been growing as the May 28 deadline for the new constitution draws near. When a Hindu preacher, Kalidas Dahal, held a nine-day prayer ritual in Kathmandu this month seeking reinstatement of Hinduism as the state religion, thousands of people flocked to him. The throng included three former prime ministers and top leaders of the ruling parties.

“The large turnout signals that Hinduism is enshrined in the hearts of the people and can’t be abolished by the government,” said Hridayesh Tripathi, a former minister and Constituent Assembly member whose Terai Madhes Loktantrik Party is the fifth-largest in the ruling alliance. “It was a mistake to abolish Hinduism in a hurry.”

Another blow for a Hindu state was struck by the Rastriya Prajatantra Party-Nepal (RPP-N), the only party that fought the 2008 election in support of monarchy and a Hindu state. It is now calling for a referendum. As a pressure tactic, it paralyzed the capital and its two neighboring cities in February by calling a general strike.

“The election gave the Constituent Assembly the mandate of writing a new constitution, not deciding issues of national importance,” said Kamal Thapa, the RPP-N chief who also was home minister during the brief government headed by Gyanendra. “Most people in Nepal want a Hindu state and a constitutional king. If their demand is not heeded, they will feel excluded and refuse to follow the new constitution. We are asking the government to hold a referendum on the two issues before May 28.”

With only two months left, it is clear the demand can’t be met if the constitution is to come into effect within the stipulated time. Now the specter of anarchy and violence hangs over Nepal.

Nepal’s Maoists, who fought a 10-year war to make Nepal a secular republic and who remain the former king’s most bitter enemy, say attempts have begun to whip up riots in the name of a Hindu state. The former guerrillas also allege that the campaign for the restoration of Hinduism as the state religion is backed by ministers, politicians from the ruling parties and militant religious groups from India.

Effectively Hindu

Even if a new, secular constitution is approved by the deadline, there is still no guarantee that the rights of religious minorities would be protected.

Nilambar Acharya, who heads the committee that is drafting the new constitution, said it would be merely a broad guideline for the government; compatible laws would have to be drafted to protect rights.

“The previous constitution abolished ‘untouchability’ [a practice among Hindus of treating those at the bottom of the social ladder as outcasts],” Acharya told Compass. “But untouchability still exists in Nepal. To achieve all that the constitution promises, the mindset of society has to be changed first. For that, you need political will.”

Though Nepal became secular in 2006, Hinduism still gets preferential treatment. The state allocates funds for institutions like the Kumari, the tradition of choosing prepubescent girls as protective deities of the state and worshipping them as “living goddesses.” The state also gave money to organizers of a controversial, five-yearly religious festival, the Gadhimai Fair, where tens of thousands of birds are slaughtered as offerings to Hindu gods despite international condemnation.

There is no support, predictably, for Christian festivals. When the Constituent Assembly was formed – partly though election and partly by nomination – no Christian name was proposed even though the prime minister was authorized to nominate members from unrepresented communities.

Christian leaders want such religious bias abolished. Rokaya of the National Council of Churches of Nepal said Christians have recommended full freedom of religion in the new constitution: allowing one to follow the religion of one’s choice, to change one’s religion if desired or have the right not to be associated with any religion.

The churches have also asked the state not to interfere in religious matters.

“We are asking the government not to fund any religious activity, not to be part of any religious appointments and not to allow public land for any religious event,” Rokaya said.

The recommendations, however, may not be heeded. During their brief stint in power, the Maoists tried to stop state assistance for the Kumari. It led to violence and a general strike in the capital, forcing the party to withdraw the decision.

In its 2009 report on religious freedom in Nepal, the U.S. Department of State notes that while the interim constitution officially declared the country secular, “the president, in his capacity as head of state, attended major Hindu religious ceremonies over which the king previously presided.”

It also notes that there were reports of societal abuses and discrimination based on religious affiliation, belief, or practice.

“Those who converted to a different religious group occasionally faced violence and were ostracized socially,” it states. “Those who chose to convert to other religious groups, in particular Hindu citizens who converted to Islam or Christianity, were sometimes ostracized. They occasionally faced isolated incidents of hostility or discrimination from Hindu extremist groups. Some reportedly were forced to leave their villages.”

Dr. Ramesh Khatri, executive director of Association for Theological Education in Nepal, has experienced such persecution first-hand. When he became a Christian in 1972, his father disowned him. Then in 1984 he was arrested for holding a Bible camp. Though the case against him was dropped in 1990 after a pro-democracy movement, Khatri said hatred of Christians still persists.

“Christians can never sleep peacefully at night,” he said wryly. “The new constitution will make Nepal another India, where Christians are persecuted in Orissa, Gujarat and Karnataka.” The Oxford University-educated Khatri, who writes a column in a Nepali daily, said violent responses to his articles show how Nepal still regards its Christians.

“I am attacked as a ‘Rice Christian,’” he said. “It is a derogatory term implying I converted for material benefits. The antagonistic feeling society has towards Christians will not subside with the new constitution, and we can’t expect an easy life. The Bible says that, and the Bible is true.”

Christians continue to face persecution and harassment. In March, missions resource organization Timeless Impact International (TII) noted that a church in northern Nepal, near the foothills of Mt. Everest, was attacked by a local mob.

The newly established church in Dolakha district was attacked during a fellowship meeting in January. An ethnic mob headed by religious leaders destroyed the church meeting place, assaulted participants and warned them not to speak about Christianity in the village, TII said.

The situation, even now, remained unchanged.

“None of the church members have been able to return to their homes,” TII stated. “They feel completely unsafe and at risk.”

Report from Compass Direct News