Liberal right-winger Kevin Andrews defeated in preselection by Afghanistan veteran

Michelle Grattan, University of Canberra

Right-wing Liberal backbencher Kevin Andrews – the father of the House of Representatives – has lost preselection to a barrister and former special forces veteran who served in Afghanistan.

Keith Wolahan, 43, defeated Andrews, 65, who held a number of portfolios in the Howard and Abbott governments, by 181 to 111 for the blue ribbon Victorian seat of Menzies, which Andrews has occupied since he won it at a byelection in 1991.

This was the first time in decades that a federal member has lost a preselection ballot in Victoria.

His defeat is a blow for the Liberal conservatives, who campaigned hard to shore him up, and will hearten the local Liberal critics of outspoken NSW right-winger Craig Kelly, who has been a thorn in the government’s side over COVID and a hardliner on climate issues.

Kelly confirmed to The Conversation on Sunday night that he was seeking another term and was “absolutely confident” he would have Scott Morrison’s support and that of “all my colleagues”.

Andrews has been a strongly conservative voice on issues ranging from euthanasia and abortion to climate change, and also a player in leadership battles. His last ministerial post was in the defence portfolio in the Abbott government, a job he lost when Malcolm Turnbull became leader.

In the Howard years Andrews introduced the private member’s bill that quashed the Northern Territory’s euthanasia law.

Andrews had endorsements from Morrison, John Howard and Tony Abbott, as well as from a raft of ministerial colleagues, including the deputy Liberal leader Josh Frydenberg. In his letter of endorsement Morrison wrote that Andrews “provides wise counsel to ministers and colleagues, including myself”.

But the result shows that high profile endorsements don’t always impress locals – the Menzies preselectors responded to the call for renewal at the centre of Wolahan’s campaign. It is an embarrassment particularly for Assistant Treasurer and Victorian conservative faction leader Michael Sukkar.

Wolahan has a master’s degree in international relations from the University of Cambridge, as well as degrees from Monash and Melbourne universities. He was an army reserve commando – he did not serve in the regular army.

He said after the result: “Today was a vote by the members for the future”.

Frydenberg said: “Today the Liberal Party in the seat of Menzies has started a new chapter”.

Before the ballot Liberal sources had predicted a close result that could go either way – the size of the margin was a surprise.

Michelle Grattan, Professorial Fellow, University of Canberra

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

The government was defeated on the ‘medevac’ bill, but that does not mean the end of the government

Cross-benchers Kerryn Phelps, Julia Banks and Rebekah Sharkie celebrate the passing of the Medevac bill.
AAP/Lukas Coch

Anne Twomey, University of Sydney

The Morrison government has been defeated in the House of Representatives by the passage of a government bill containing amendments made against its wishes that allow for the medical evacuation of asylum-seekers from Manus Island and Nauru.

At the last minute, the Speaker tabled, against the wishes of the government, advice from the Solicitor-General raising a constitutional problem with the Senate amendments. In short, those amendments provided for an “independent health advice panel”, of which six members would have to be paid. Their remuneration would come automatically under an existing appropriation in the Remuneration Tribunal Act 1973 for the payment of persons who hold public offices. The effect of the amendments in the bill would therefore have increased the amount payable under that existing appropriation.

This is important, because section 53 of the Constitution says that the “Senate may not amend any proposed law so as to increase any proposed charge or burden on the people”. The argument was that even though the Senate amendments to the bill did not contain an appropriation, they would increase a burden on the people by increasing the amount automatically appropriated under the Remuneration Tribunal Act.

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Whether this is enough to trigger section 53 is a matter of dispute between the houses. Understandably, the House of Representatives has long considered that Senate amendments of that kind do breach section 53, while the Senate takes a different view.

The issue cannot be decided by a court, because the courts have held that section 53 is an internal matter for the houses, and not one to be determined judicially. This was made clear in the recent case on the same-sex marriage postal survey. So even if the houses chose to ignore section 53 and pass a bill that breached its terms, and the validity of the law was challenged, a court would not find it to be invalid.

The consequence was that this was a battlefield for the two houses. In the absence of any judicial precedents, all we have to guide us is parliamentary practice and the competing views of parliamentary committees. These do not provide clear answers. While the houses are under a moral and political obligation to obey the Constitution, this is difficult when the Constitution itself is unclear and its interpretation is disputed.

The government’s action in seeking to declare the bill to be a money bill also raised the political stakes. In order to govern, a government must retain control over government finance. Defeat on a money bill in the House of Representatives is regarded as a loss of confidence, which by convention requires the government to resign or seek an election. For example, the Fadden Government resigned in 1941 when its budget was reduced by the nominal sum of £1. So if the bill was treated as a money bill by the government, its passage against the wishes of the government would have raised a serious issue of whether it could continue governing.

However, the Labor Party moved an amendment to remove any right to payment of officers of the panel. This should mean that it is not a money bill, with the consequence that the constitutional issues about s53 should go away (although there would still be a precedent of the House of Representatives dealing with the Senate amendments, rather than rejecting their validity outright).

The bill still has to pass the Senate. If it does so, it will then be presented to the governor-general for royal assent. I have previously discussed why it would not be wise for the government to advise the governor-general to refuse royal assent. Assuming that royal assent is given, then the medevac amendments will take effect the day after the bill receives royal assent.

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Read more:
Why a government would be mad to advise the refusal of royal assent to a bill passed against its will

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Can the Morrison government continue to govern after its defeat on this bill? Yes. As the bill is no longer a money bill and is not one that the government has declared to be a matter of confidence, the government can continue to govern.

If the House of Representatives has truly lost confidence in the government, it can always move a vote of no confidence to make this clear. Unless that happens, the Morrison government can continue governing until the election is held.

Anne Twomey, Professor of Constitutional Law, University of Sydney

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

Morrison government defeated on medical bill, despite constitution play

Michelle Grattan, University of Canberra

The government has suffered a historic defeat in the House of Representatives, with Labor and crossbenchers passing the legislation facilitating medical transfers from Manus and Nauru by 75-74.

This came after a dramatic last-minute government ploy to try to head off the bill by declaring it was unconstitutional and so should not be considered by the House.

But Labor and the crossbench pressed on, with six of the seven crossbenchers backing the ALP amendment to the bill that had come from the Senate.

They were Kerryn Phelps, on whose proposal the legislation is based, Andrew Wilkie, Cathy McGowan, Rebekha Sharkie, Julia Banks and the Greens Adam Bandt. The other crossbencher Bob Katter voted with the government.

The last times governments were defeated on major substantive votes were the Fadden government in 1941 (on a budget vote) and the Bruce government on legislation in 1929.

Before the bill was considered Speaker Tony Smith tabled correspondence from Attorney-General Christian Porter saying the bill, passed by the Senate last year, contravened the constitution’s Section 53.

This provides that the Senate “may not amend any proposed law so as to increase any proposed charge or burden on the people”.

The Solicitor-General, Stephen Donaghue, said in an opinion that the bill breached Section 53 because the medical panel it would set up would be paid.

But the opinion also said it was “ultimately for the House of Representatives to decide whether it considers the Senate amendments to be consistent” with Section 53, and the matter was not justiciable.

In his letter to Smith, Porter asked the Speaker to keep the Solicitor-General’s opinion confidential but Smith said the House should have it and tabled it with Porter’s letter.

The vote culminated a day of drama as Labor negotiated its amendments to the bill as passed by the Senate with its support.

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Why a government would be mad to advise the refusal of royal assent to a bill passed against its will

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These widen the grounds on which a minister could refuse a transfer to cover those with a substantial criminal record, allow the minister up to 72 hours (instead of 24) for making a decision on transfers, and confine the application of the legislation to the present cohort of refugees and asylum seekers.

Labor moved to circumvent the Section 53 issue by adding a further amendment providing that members of the medical panel not be paid.

Leader of the House Christopher Pyne declared Labor and the crossbenchers “don’t care about the Australian constitution”.
“The English fought a civil war over this matter,” he said.

Bill Shorten said: “This bill and our amendments are about Australia’s character.
It’s about how we treat sick people in our care.”

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Read more:
View from the Hill: Shorten’s victory will bring dangerous counter strikes from a desperate government

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Scott Morrison said Labor was “failing the test of mettle … failing the test of duty to the Australian people. This is now on your head, Leader of the Opposition.”

The final vote came after the government lost procedural votes by the same margin.

The bill has to go back to the Senate to approve the amendments passed in the House.

Morrison told a Tuesday night news conference that the vote had not been unexpected and the government had already been working on contingency plans.

He would have “more announcements to make about the actions and decisions the government will be taking to address now the risk and the threat that Labor and Bill Shorten have created”.

He indicated the government would not frustrate the bill getting royal assent once it passed the Senate. Home Affairs Minister Peter Dutton told the ABC the government would abide by the law.

Morrison dismissed any suggestion that the defeat amounted to a no confidence motion in the government, referring back to what Phelps had said. Phelps has consistently emphasised the bill should not be viewed as a confidence matter.

The Prime Minister also played down the historic nature of the defeat, pointing to the Labor government losing a vote on superannuation in 2013.

The government will use the Labor success to ramp up its attack on the opposition. In the run up to the vote Morrison has turned up the rhetoric, accusing Labor of undermining offshore processing.

At his press conference Morrison said that Shorten would also be weak on turning back boats. Shorten “can’t be trusted to do that either,” he said.

Michelle Grattan, Professorial Fellow, University of Canberra

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

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Burmese Officials Order Closure of Chin Church

Government punishes pastor for refusing to wear campaign T-shirt, amid other election abuses.

DUBLIN, November 18 (CDN) — Officials in Mergui Region, Burma, ordered a Baptist church to cease holding worship services after the pastor refused to wear an election campaign T-shirt supporting the military government’s Union Solidarity and Development Party (USDP).

The election commission summoned 47-year-old Pastor Mang Tling of Dawdin village, Gangaw township, Mergui Region on Nov. 9, two days after the election and ordered him to stop holding services and discontinue the church nursery program, the Chin Human Rights Organization (CHRO) reported yesterday.

The CHRO works against human rights abuses, including religious discrimination, for the Chin people, a minority group in Burma’s northwest estimated to be 90 percent Christian.

Village headman U Than Chaung had given the pastor a campaign T-shirt to wear in support of the USDP, and when he refused to wear it, the headman filed a report with local authorities accusing him of persuading Christian voters to vote in favor of an opposing party.

Under Burmese law, religious leaders can be penalized for “engaging in politics,” giving the pastor a solid legal reason to decline the T-shirt. The law also bans leaders of religious groups from voting in national elections, according to the CHRO, although lay members of those groups are able to vote.

“The election law is quite vague,” a CHRO spokesman told Compass today. “One of the things we were watching out for during the election was to see if church elders or council members might be excluded from voting. But these people were able to vote. The law seems to apply only to pastors, monks and imams.”

Officials interrogated Mang Tling in Gangaw until Sunday (Nov. 14), when he was allowed to return home.

Meantime, the USDP won the election amid widespread evidence of “advance” voting and other forms of voter manipulation throughout Burma.

Previously known as the Union Solidarity and Development Association, and before that the State Peace and Development Council, the USDP was formed by a ruling junta composed largely of army generals. The junta has ruled Burma without a constitution or parliament since 1998, although in 2008 they pushed through support for a new constitution that will take effect following this month’s elections, according to the 2010 International Religious Freedom report released yesterday by the U.S. Department of State’s Bureau of Democracy, Human Rights and Labor.

The new constitution forbids “abuse of religion for political purposes,” the report stated. Election laws published in March also banned members of religious orders from voting for or joining political parties and reserved 25 percent of seats in the new parliament for members of the military.

The 2008 constitution “technically guarantees a degree of religious freedom. But then, it’s Burma,” a CHRO spokesman told Compass.

 

Voter Intimidation

The Chin National Party defeated the USDP in three electorates in Chin state despite reports of widespread voting anomalies, some of which were outlined in a CHRO press release on Nov. 7.

In Tedim township northern Chin state, for example, USDP agent Go Lun Mang went to the home of a local resident at 5 p.m. the day before the election and told the family that he had already voted on their behalf in favor of the USDP. He added that soldiers in a nearby camp were ready to arrest them if they complained.

On Nov. 5, the local government had already ordered village officials to instruct residents to vote for the USDP. On Nov. 7, the day of the election, USDP agents in campaign uniforms stood at the gate of the polling station in Tedim and asked voters if they intended to vote for the USDP. Those who said yes were allowed into the station, while those who said no were refused entrance.

USDP agents also warned Chin voters in Thantlang town that they should vote for the USDP “while the door was open” or they would regret it, Burma News International reported on Nov. 5.

David Mathieson, a senior researcher for Human Rights Watch (HRW), said the intimidation indicated that the junta and the USDP knew how unpopular they were.

Reports by the CHRO show a long history of discrimination against the majority Christian Chin, including the destruction of crosses and other Christian monuments, state-sponsored efforts to expand Buddhism, forced contributions of finance and labor to Buddhist construction projects, arrest and detention, torture and particularly harsh treatment of pastors. In addition, officials have refused construction for all new church building projects since 2003.

A report issued by HRW in January confirmed serious and ongoing abuses against Chin Christians.

One Chin pastor interviewed by HRW described how soldiers held him at gunpoint, forced him to pray in a Buddhist pagoda and told him that Burma was a Buddhist country where Christianity should not be practiced. (See “Report Documents Abuse of Chin Christians,” Feb. 20.)

 

SIDEBAR

Suu Kyi’s Release Stirs Guarded Hope among Burma’s Christians

NEW DELHI, November 18 (Compass Direct News) – The release of democracy leader Aung San Suu Kyi from house arrest in Burma on Saturday (Nov. 13) has sparked cautious optimism about human rights among Christians and the country’s ethnic minorities even as the junta does battle with armed resistance groups.

Freeing her six days after elections, the military regime of Burma (also known as Myanmar) kept 1991 Nobel Peace Prize Laureate Suu Kyi from running in the country’s first election in 20 years, but ethnic minorities are still “very happy” and “enthused with hope and anticipation,” said Plato Van Rung Mang, who heads the India chapter of Chin Human Rights Organization.

Suu Kyi is the only leader from the majority Burmese community – predominantly Buddhist – who is trusted by the ethnic minorities, said Mang, an India-based Christian originally from Burma’s Chin state, which borders India.

“We have faith in Suu Kyi’s honesty and leadership, and she has been our hope,” he added.

The ethnic Chin, Kachin, Karen and Karenni people – many of whom are Christian – as well as mostly Buddhist ethnic Shan, Mon and Arakanese (some of them Muslim) people have been fighting for self-determination in their respective states and opposing the military junta’s policy of centralized control and Burmese dominion.

“We trust that Suu Kyi can fulfill her father’s ideal and political principles which have been subverted by the Burmese military junta’s Burmanization policy,” said Mang. Suu Kyi’s father, Aung San, was the nation’s leader at the time of independence and favored autonomy for ethnic minorities.

“Just as her father was trusted and held in high esteem by the ethnic people, Aung San Suu Kyi also has the ability to work together with the minorities to build a better, peaceful Burma where the human rights of all citizens are respected and protected,” said Garrett Kostin, a U.S. citizen who runs the Best Friend Library, built by a Buddhist monk in support of Suu Kyi, in Chiang Mai in northern Thailand.

While sections of the ethnic communities have been involved in armed resistance against the junta’s rule, many local residents in the region remain unarmed but are also at risk of being killed in the post-election conflict.

In the wake of the Nov. 7 election, as expected (See “Burma’s Ethnic Christians Fear Bleak Future after Election, Oct. 22), clashes between armed ethnic groups and the Burmese army erupted in three of the seven ethnic states – Karen, Shan and Mon – mainly along Thailand and China border, reported Thailand-based Burma News International. The violence has resulted in an influx of over 20,000 people into Thailand – the largest flow in the last five years.

According to US-based Refugees International, the Thai government forced many of the asylum seekers back.

There are also tensions in Kachin and Karenni states, which could erupt at any time, between the Burmese army and the Democratic Karen Buddhist Army, the Karen National Union, the Kachin Independence Army, the Shan State Army-North, and the Karenni National Progressive Party.

Rights advocates, however, were still heartened by Suu Kyi’s release.

It’s “a wonderful opportunity for the ethnic minorities of Burma to unify in support of each other’s rights and desires,” said Kostin.

In September 2007, many Buddhist monks joined democracy activists in street protests against the military regime’s decision to cut fuel subsidies, leading to a sharp rise in gas and diesel prices. Known as the Saffron Revolution, the protests resulted in hundreds of deaths as government security personnel resisted it militarily.

In numerous clashes between the repressive military regime and political opponents and ethnic minorities, over 3.5 million Burmese have been displaced and thousands killed over the years.

Suu Kyi will continue to enjoy the trust of ethnic minorities because “she has been working so hard since the beginning [of her political career] to speak out about the plight of ethnic people with an honest and sincere commitment,” said Bangkok-based Soe Aung, deputy secretary for Foreign Affairs of the Forum for Democracy in Burma.

Chiang Mai-based Christian relief group Free Burma Rangers (FBR) recalled that Suu Kyi, the general secretary of the National League for Democracy, along with allies won more than 80 percent of the seats in parliament “in Burma’s only truly democratic election” in 1990. “The military regime, however, did not recognize the results and continued to hold power,” it said in a statement.

Last week’s election was “neither free nor fair,” FBR said, adding that “thousands of political prisoners [estimated at 2,200] are still in jail, ethnic minorities are attacked [on a regular basis], and the people of Burma remain under oppression.

“Still, we are grateful for the release of Aung San Suu Kyi as she is a leader who gives real hope to the people of Burma.”

An FBR team leader who spoke on condition of anonymity recalled Suu Kyi requesting his prayers when he met with her during a brief period when she was not under house arrest in 1996.

“The Global Day of Prayer for Burma and the ethnic unity efforts we are involved in are a direct result of that meeting,” the leader said. “As she told me then, one of her favorite quotes is, ‘You will know the truth, and the truth will set you free.’”

Some Christians, however, remained cautious.

“Although San Suu Kyi wants Burma to be a true federal country, there is no certainty in the hearts of the Karen people because they have suffered for very long, and the so-called Burmese have turned their backs on them several times,” said a Karen Christian from Chiang Mai who identified himself only as Pastor Joseph.

La Rip, a Burmese activist in China, also said that while Suu Kyi deserved to enjoy freedom, she and her party “do not seem to have a clear idea on how to solve the long-standing issues” related to ethnic minorities.

For her part, Suu Kyi spelled out a plan to hold a nationwide, multi-ethnic conference soon after she was freed. Her father held a similar meeting, known as the Panglong Conference, in 1947. Aung San, then representing the Burmese government, reached an agreement with leaders from the Shan, Kachin and Chin states to accept full autonomy in internal administration for the ethnic controlled frontier areas after independence from Britain.

Suu Kyi’s planned conference is seen as the second Panglong Conference, but it remains uncertain if the new Burmese regime, which is likely to be as opposed to ethnic minorities as the junta, will allow her plan to succeed.

In the awaited election results, the junta’s proxy party, the Union Solidarity and Development Party (USDP), is likely to have majority in parliament to form the next government. Suu Kyi’s party had been disbanded by the military regime, and only a small splinter group ran in the election.

It is also feared that Suu Kyi, who was under house arrest for nearly 15 years since 1990 until her release last weekend, could face assassination attempts or fresh charges followed by another term under arrest.

Burma has a population of around 50 million, out of which around 2.1 million are estimated to be Christian.

Report from Compass Direct News

ALP Retain Government in Australia

Minority Government to be Formed with Greens and Independent Support

As an ALP supporter I have to admit to being over the moon with the return of Labor Government, all be it with a minority government being supported by the Greens and Independents. I think the result has the potential to be good for Australia – which is what I thought when Kevin Rudd and Labor defeated the Liberal and National Coalition in the previous election. Hopefully this time round we won’t be disappointed with a Labor government and some real governing and leadership will be realised. I for one would love to see some one willing to lead in this country, governing with the national interest at heart, tempered with compassion and decency for all.

My thoughts this morning was that Bob Katter would back the Coalition and that Tony Windsor and Rob Oakeshott would back the ALP – not that I was 100% confident in that viewpoint. Never-the-less, that is how the Independents have lined up, giving the ALP 76 seats and the Coalition 74 seats. It would appear that the ALP Broadband policy won over the two Independents, which was what I thought would win it for Labor should the Independents support the ALP. I was never convinced that Bob Katter would go for it, though I still believed that if he should support the ALP it would have been the Broadband policy that won him. In short, it is a looking to the future and a modern Australia that has won out.

Turkish Court Pushes to Close Malatya Murder Case

Judges reject request to investigate links to suspected masterminds.

MALATYA, Turkey, February 24 (CDN) — On Friday (Feb. 19) judges eager to wrap up the trial over the murder of three Christians here rejected plaintiff appeals to investigate the suspected masterminds behind the stabbing deaths.

At the 24th hearing regarding the 2007 murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske in this city in southeastern Turkey, the prosecution demanded three life sentences without chance for parole for each defendant.

Judges and prosecutors pushed for a conclusion to the case that has lasted nearly three years. In the last few weeks the Istanbul prosecutors sent a police report to Malatya’s Third Criminal Court linking the murders to a larger “deep state” operation led by a cabal of retired generals, politicians and other key figures called Ergenekon. The judges, however, rejected plaintiffs’ requests that the Malatya court further probe into the possible links between the two operations.

In a 17-page statement, prosecutors detailed accusations against the five young defendants, Emre Gunaydin, Salih Gürler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, and demanded three consecutive life sentences for each of them if convicted. The five men are charged with murder, being part of a terrorist organization, holding citizens against their will and stealing.

The prosecutors’ recommended sentence is the maximum possible in the case. Plaintiff and defense lawyers are to present their rebuttals to the proposed punishment at the next hearing, scheduled for April 15.

“They requested the highest possible penalty, however, we are defeated in this case when we consider that these five guys are part of a bigger plan . . . and this incident occurred as part of this plan,” said plaintiff lawyer Murat Dincer in a press briefing after the hearing.

Dincer said the recommended sentence takes into account only the five young men and not the suspected high-level officials who planned the murder. He and his colleagues said bringing those behind the scenes to justice is still a possibility, and that therefore they would evaluate the proposed sentence and make their petition accordingly.

“The trial is important in the sense that we expected such a penalty, but we did not want them [prosecutors] to stop searching for connections with Ergenekon,” said plaintiff lawyer Erdal Dogan.

Over the last three years, plaintiff lawyers have presented volumes of evidence showing how the Malatya murders were just one operation in a series of many targeting the country’s Christian minorities in an effort to destabilize the current Islamic-leaning government.

On behalf of the team of plaintiff lawyers, Dogan told judges in court that research into a recent indictment over a stash of military artillery found on the property of a foundation in the Istanbul suburb of Poyrazkoy showed there were links to violent attacks against Christians. He cited the 2006 murder of Catholic priest Andreas Santoro in Trabzon, the kidnapping of a Syrian Orthodox priest in Mardin, the stabbing of a priest in Izmir and threats against the pastor of the Protestant church in Samsun all in the last three years.

The Poyrazkoy indictment took place within the context of the Ergenekon probes. The murder of the Armenian Christian editor of Agos in Istanbul three months before the April 18, 2007 Malatya murders has also been linked to the Ergenekon investigation.

Dogan speculated that the court decision to start bringing the trial to a close without further probes into Ergenekon links may have sprung from last week’s decision by the Supreme Board of Judges and Prosecutors to disqualify four prosecutors in Erzurum in a judicial power struggle over other investigations into the alleged clandestine operation.

“It may be that the prosecutors are nervous because of that,” said Dogan. “Because among those implicated in Malatya is an army commander, a gendarmerie commander, soldiers and professors, so it may have made them nervous in that sense. That’s why they want to drop it at this point.”

Plaintiff lawyers said that the latest decisions do not necessarily mean the end of investigation into the links between Ergenekon and the Malatya murders. If by the end of the Malatya murder case the Istanbul prosecutors have not outlined an action plan directing the court to pursue Ergenekon leads and the case is closed, plaintiff lawyers said they are ready to take the case to the Supreme Court of Appeals.

“But of course we wish those connections would be made here,” said Dogan.

Report from Compass Direct News 

Push for Islamic Courts in Kenya Alarms Christians

Emergence of Somali-related Islamic extremists puts authorities on high alert.

NAIROBI, Kenya, February 11 (CDN) — A constitutional battle to expand the scope of Islamic courts in Kenya threatens to ignite religious tensions at a time when authorities are on high alert against Muslim extremists with ties to Somalia.

Constitutional provisions for Islamic or Kadhis’ courts have existed in Kenya since 1963, with the courts serving the country’s coastal Muslim population in matters of personal status, marriage, divorce, or inheritance. Kenya’s secular High Court has jurisdiction over civil and criminal matters, and even a decision in the Islamic courts can be appealed at the High Court.

The Islamic courts have functioned only in Kenya’s Coast Province, but in a hotly debated draft constitution, their jurisdiction would expand across the nation and their scope would increase. The proposed constitution has gathered enough momentum that 23 leaders of churches and Christian organizations released a statement on Feb. 1 asserting their opposition to any inclusion of such religious courts.

“It is clear that the Muslim community is basically carving for itself an Islamic state within a state,” the Kenyan church leaders stated. “This is a state with its own sharia [Islamic law]- compliant banking system; its own sharia-compliant insurance; its own Halaal [lawful in Islam] bureau of standards; and it is now pressing for its own judicial system.”

Muslim leaders are striving to expand the scope of Islamic courts to include civil and small claims cases. They also want to upgrade the Muslim tribunals to High Court status. These demands have alarmed Christians, who make up 80 percent of the population and defeated a similar proposal in a 2005 referendum. Muslims make up 10 percent of Kenya’s 39 million people, 9 percent of the population follows indigenous religions and less than 1 percent are Hindu, Sikh and Baha’i.

The National Council of Churches of Kenya (NCCK) said the Committee of Experts (CoE) responsible for “harmonizing” drafts from various stakeholders ignored their concerns. The committee was responsible for determining what matters would be unduly “contentious” and was charged with keeping them out of the draft.

“We wrote to them, but we have been ignored,” said the Rev. Canon Peter Karanja, NCCK general secretary. “Who told the CoE that Kadhis’ courts were not contentious?”

Saying the committee ignored the crucial requirement of omitting what is “contentious,” Karanja said it did little to build consensus. He said that unless the Islamic courts are stricken from the constitution, Christians might be forced to reject the document in a national referendum later this year.

Muslim leaders, just as stridently, insist that recognition of the Islamic courts does not elevate Islam over other religions, and that if the courts are removed they will shoot down the draft in the referendum.

The 2005 referendum split the country and was followed by a bitterly disputed presidential election in 2007 that sparked rioting, reportedly leaving 1,300 people dead. The election dispute was resolved with one candidate becoming president and the other prime minister, and at the heart of the proposed constitution is an attempt to transfer presidential powers to the prime minister.

Christian leaders point out that the “Harmonized Draft” of the constitution discriminates against non-Muslims and contradicts its own Article 10 (1-3), which states that there shall be no state religion, that the state shall treat all religions equally and that state and religion shall be separate. They see the attempt to expand the scope of the Islamic courts as part of a long-term effort by Muslims to gain political, economic and judicial power.

Muslim leaders claim that inclusion of the Islamic courts in the new constitution would recognize “a basic religious right” for a minority group. Some Muslim extremists have said that if Islamic courts are removed from the draft constitution, they will demand their own state and introduce sharia.

Extremists Emerge

The constitutional issue erupted as security officials went on high alert when sympathizers of the Islamic terrorist al Shabaab militia appeared in a protest in mid-January to demand the release of radical Muslim cleric Abdullah Al-Faisal, who had entered the country on Dec. 31.

Al-Faisal, imprisoned from 2004 to 2008 after a British court convicted him of soliciting murder and inciting hatred, is on a global terrorism list. Government spokesman Alfred Mutua said Al-Faisal has been known to recruit suicide bombers and was arrested for violating terms of his tourist visa by preaching. He was reportedly deported to his native Jamaica on Jan. 21.

Eyewitnesses to the protests in Nairobi told Compass one demonstrator clad in fatigues, with his face masked by a balaclava, waved the black flag of the al-Qaeda-linked al Shabaab militia and passed his finger across his throat in a slitting gesture, taunting passersby.

Officials from the Council of Imams and Preachers of Kenya and from Muslims for Human Rights defended the demonstrations as legitimate to condemn violation of Al-Faisal’s rights. At least one person died as the protests turned violent, and Internal Security Minister George Saitoti said five civilians and six police officers were injured, with one security officer wounded from a bullet said to be shot by a demonstrator.

Al Shabaab-affiliated operatives appear to have targeted Christians in Kenya, according to an Internet threat in December by a group claiming to align itself with the Islamic extremist militia seeking to topple Somalia’s Transitional Federal Government. In an e-mail message with “Fatwa for you Infidels” in the subject line to Christian and governmental leaders in Kenya, a group calling itself the Harakatul-Al-Shabaab-al Mujahidin threatened to kill Muslim converts to Christianity and those who help them.

“We are proud to be an Islamic revolutionary group, and we are honored to be affiliated with Al Qaeda, a group of honest Muslims in which we share long-term goals and the broad outlines of our ideologies, while focusing on our efforts on attacking secular and moderate governments in the Muslim world, America and Western targets of opportunity and of course Uganda, Ethiopia, Burundi and Kenya if they do not stop their assistance to the Somali fragile and apostate government,” the group wrote in the e-mail. “Although we receive support for some of our operations, we function independently and generally depend on ourselves…”

The group threatened to shake the Kenyan government “in minutes,” calling it the “the most fragile target in the world.”

The emergence of al Shabaab and its sympathizers in Kenya coincides with the swelling of the Somali population in the country to 2.4 million, according to the August 2009 census.

Report from Compass Direct News 

Euthanasia bill unexpectedly defeated in South Australia

In a surprise victory for pro-life advocates, South Australia’s Upper House has narrowly voted down an amendment to their palliative care legislation that would have legalized euthanasia, reports Patrick B. Craine, LifeSiteNews.com.

The bill was proposed by Greens member Mark Parnell. It was expected to pass 11-10, with the support of independent member Ann Bressington, the swing vote. Bressington opted to abstain, however, after amendments she had sought failed. This abstention would have resulted in a tie, meaning that Upper House President Bob Sneath would vote to pass the bill.

In the end, however, member David Ridway announced to the shock of pro-life observers that personal reasons had led him to change his mind, and he voted against the bill.

Parnell has stated his intention to make another attempt at legalizing euthanasia after the state elections in March 2010. With the upcoming retirement of two pro-life members, pro-life advocates have indicated that such an attempt has a real risk of succeeding.

The UK-based anti-euthanasia group SPUC Pro-Life called the vote "a victory for civilised values."

Anthony Ozimic, SPUC’s communications manager and an expatriate Australian, stated: "Those seeking to develop civilised values which respect the sanctity of human life should be encouraged by this vote.

"In spite of all the money, media support and propaganda of the euthanasia lobby, many politicians recognise the dangers to public safety in introducing such legislation. This victory for civilised values joins the recent defeat of a similar bill in Tasmania, as well as the repeated votes by the British House of Lords against assisted suicide."

Report from the Christian Telegraph