New electoral law could still hobble charities

Charities are unclear about how they can engage in democracy because the terms in the proposed bill are unclear.
Shutterstock

Krystian Seibert, Swinburne University of Technology

The Joint Standing Committee on Electoral Matters has released its report into the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017.

The bill seeks to ban foreign donations to political parties and their “associated entities”. But it also seeks to capture organisations, including charities, that undertake public advocacy on policy issues.

While much of the media attention has focused on the foreign donation ban, the bill also introduces a new compliance framework for such actors. This applies irrespective of whether they receive foreign donations or not.

The inquiry received over 200 submissions from a diverse range of charities, not-for-profit organisations, think tanks and legal experts. Most expressed major concerns about the complex and burdensome nature of the proposed compliance framework, and the “chilling effect” it could have on advocacy by charities in particular.

The committee made 15 recommendations in its report, released on Monday. It provided in-principle support for the bill’s passage, subject to the recommendations being adopted.

---

Read more:
Ban on foreign political donations is both too broad and too narrow, and won’t fix our system

---

The recommendations are a step in the right direction, responding to many of the concerns raised in the inquiry. But they are light on detail, and much will depend on how the government responds to them.

Contrary to what the chair of the committee, Senator Linda Reynolds, has stated, a number of the recommended changes are complex. This is particularly the case with redefining “political expenditure”, a key term that underpins almost the entire bill.

What is ‘political expenditure’?

If a charity or other organisation incurs “political expenditure” above $13,500, then it becomes subject to the bill’s compliance framework. Additional requirements are imposed for those incurring more than $100,000, but the committee recommended this level be reviewed.

The definition of this term is unclear. It’s also potentially very broad. It includes any expenditure on the public expression of views on an issue that is “likely to be before electors in an election”, regardless of whether an election has been called. This could include activities such as publishing reports advocating for changes to government policies, media engagement, advertising and potentially even paying staff to do this work.

A big problem is that the bill provides no guidance on the specific types of activities that are captured, nor how a charity is meant to look into the future and predict whether an issue is “likely to be before electors in an election”.

This makes it almost impossible for a charity to know with any certainty whether it’s complying with the definition.

The Australian Electoral Commission provided a supplementary submission to the inquiry, setting out the seven steps it uses to interpret the definition.

But it’s complicated and unworkable, and involves looking at different party platforms to assess how topical an issue may be. A leading constitutional law expert, Professor Anne Twomey, has extensively critiqued it.

It’s therefore not surprising that the committee recommended the definition be amended to make it more precise. The aim would be to ensure it applies only to:

expenditure undertaken to influence voters to take specific action as voters, so as not to capture non-political issue advocacy.

However, this will be no simple task, as the line between the two is not clear.

For example, if a charity produces a document outlining the positions of different political parties on the issue of homelessness, how would that be defined? Arguably, it is just providing information to voters, rather than influencing them to “take specific action as voters”.

What should be done?

Although the committee made a laudable attempt to address the various flaws in the bill, there is no quick fix.

Given the key term underpinning the bill is flawed and cannot be easily redrafted, the best outcome would be for it to be withdrawn.

This would allow for more public consultation and the preparation of a comprehensive regulatory impact statement. This would quantify compliance costs and consider alternative policy options.

If the government won’t withdraw the bill, it at least needs to act on each of the committee’s recommendations. In doing so, it should undertake public consultation on the detail of any amendments and seek a genuine outcome that ensures advocacy by charities and other organisations isn’t stifled.

---

Read more:
Federal government’s foreign donations bill is flawed and needs to be redrafted

---

More broadly, it’s arguable that the entire premise for increased regulation of non-political party actors such as charities and other organisations is flawed.

Few would argue against the need for some basic disclosure requirements regarding their direct electioneering activities, to provide transparency about the origin of the funds used for these activities. But these requirements already exist.

It’s not clear why a new compliance framework is needed to further burden these organisations, made up of people coming together to participate in our democratic processes. This is something explored in a US context in the book Unfree Speech. It argues against increased regulation because it restricts the free exchange of views, which is meant to be a cornerstone of democracy.

The argument for increased regulation of charities, including banning them from receiving donations from international philanthropy for use towards “political expenditure”, is particularly weak. By their very nature, charities exist for the public benefit. They are not permitted to have politically partisan purposes under the Charities Act 2013.

There is no evidence that international philanthropy is using Australian charities to subvert our democracy. On the contrary, the support it provides helps charities advocate on important issues such as the role of Australian aid.

Regulation can have benefits, but it can also have costs. If this bill becomes law, the cost could be a less vibrant democracy, with fewer voices willing to debate the policies that will shape our nation’s future.

Krystian Seibert, Industry Fellow, Centre for Social Impact, Swinburne University of Technology

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

Hung Parliament Likely in Australian Federal Election

Greens and Independents to Hold Balance of Power in Both Houses

It would seem that the likely outcome of the 2010 federal election in Australia is that of a hung parliament, with government going to the party that gains the support of one or two possible Greens members of parliament in the lower house, and three other independent members of parliament in the lower house. It seems likely that the Greens will hold the balance of power in the Senate.

The Greens have now clearly become the third major political party behind the Australian Labor Party (ALP) and the Liberal Party (Lib) – National Party (Nat) coalition. They have now gained a representative in the lower house with the seat of Melbourne in Victoria falling to Adam Bandt. It is possible that the seat of Grayndler in New South wales (NSW) could also fall to the Greens, with ALP member Anthony Albanese in a close fight with Sam Byrne of the Greens.

The three other certain independents, all former National Party members, are Bob Katter (Kennedy – Queensland, Tony Windsor (New England – NSW) and Rob Oakeshott (Lyne – NSW)

The ALP has also lost large numbers of seats in Queensland ( QLD – Flynn, Leichhardt, Forde, Bonner, Dickson, Herbert, Longman, Brisbane and Dawson) and seats in NSW (Bennelong, Macarthur, Macquarie and Gilmore), one in the Northern Territory (Solomon), one in Western Australia (Hasluck) and possibly one in Tasmania (Denison) to independent Andrew Wilkie. It would seem that a total of 18 or 19 seats have been lost by the ALP. They have gained two in Victoria, winning La Trobe and McEwan.

The ALP’s greatest hope would seem to be the seat of Boothby in South Australia, which still appears too close too call. At this stage Denison in Tasmania remains an ALP seat, but it also remains too close to call.

It seems to me that there will be 73 seats to the ALP (possibly 72 if Grayndler falls to the Greens in NSW), 73 seats to the Coalition, one seat to the Greens (possibly 2 if they pick up Grayndler in NSW – who would lean to the ALP) and 3 to the Independents (all formerly National Party members who would likely lean to the Coalition). If these predictions prove to be true, it would seem that the Coalition will be able to form a minority government with the support of the Independents.

After the promise of the ALP in the previous election and the result that occured, the ALP should have held office for at least two terms. However, the ALP has failed to deliver and instead gave Australia a very lazy, poor and mediocre government. Under Kevin Rudd the ALP successfully steered Australia through the financial crisis, for which Australians should be very thankful. However, there has also been poor management of ecomomic stimulus projects, environmental issues and other projects, which have left many Australians disillusioned with the government. This of course led to the downfall of Kevin Rudd prior to the election and the elevation of Julia Gillard to the Prime Ministership of the country. This was too little too late to save the ALP from electoral disaster and the Australian people have delivered swift punishment for their failure to deliver what we had hoped for under the Kevin Rudd led ALP government.

Perhaps the experience of a hung parliament and a minority government, from whichever side of politics, will result in someone or some party standing up with a real commitment to governance and leadership in Australia. At the moment there seems little of both and the Australian people are largely disillusioned with both major parties. The ALP should prepare itself for major defeats in state elections over the next couple of years, especially in New South Wales and Queensland, where voters are fed up with poor government – not that the alternatives are much better.

Attacks on Christians in Karnataka Frequent, Furious

Southern state has become epicenter of religious assaults, Christians say.

NEW DELHI, February 4 (CDN) — Karnataka state recorded the highest number of anti-Christian attacks in India last year, and it is keeping pace this year.

Christians in Karnataka are being attacked “at rapid regularity” and “with near impunity,” and it is “a serious matter of concern for the Christian community,” said Dr. Babu Joseph, spokesperson of the Catholic Bishops’ Conference of India (CBCI).

Much of the violence occurs under the vigilante pretext of rounding up Christians supposedly involved in “forcible” or “fraudulent” conversion efforts. On Monday (Feb. 1) in Thagadur village, Kodagu district, Hindu extremists dragged 11 Christians – including four women – from their homes and colluded with police to arrest them on such false charges.

The Global Council of Indian Christians reported that all of the Christians, members of the Beraka Gospel Church in Suntikupa village, were tortured at the Siddapur police station to pressure them to admit to the charges. Most of the jailed Christians are tribal, daily wage laborers who work on coffee plantations.

Police denied torturing the Christians, but like many people in India easily confused by Hindu extremist propaganda, Inspector Ratan Singh of the Siddapur police station seemed to erroneously believe that laws against fraudulent conversion apply to any kind of proclamation of faith.

“According to the complaint we received, the accused were inviting local Hindus for prayer meetings to convert them,” Singh told Compass, as if such activity were illegal in India. “We did not beat them. When they were produced before the judicial magistrate, they said they were not mistreated by the police.”

The GCIC recorded 72 attacks on Christians in Karnataka in 2009. That represents a decline from the 112 attacks the previous year, when three months of anti-Christian violence in Orissa state’s Kandhamal district in 2008 led Hindu extremists in Karnataka to lash out as well, according to Christian leaders.

Justice Michael F. Saldanha, a retired judge of the Karnataka High Court and president of the Catholic Association of South Kanara (a district in Karnataka also known as Dakshina Kannada), told Compass that attacks on Christians in the state increased after the Bharatiya Janata Party (BJP) began to rule.

In May 2008 the BJP came to power in Karnataka, thus making it the first southern state with a stand-alone BJP government in the history of India. The party’s rule was preceded by a 20-month rule in alliance with a local party, the Janata Dal (Secular).

Although Karnataka has had a dominant presence of the Hindu extremist Sangh Parivar since 1950, its cadres obtained free rein only after the BJP’s electoral victory, Saldanha explained.

“The real headquarters of the Sangh Parivar is not in Maharashtra [official headquarters of the Hindu extremist Rashtriya Swayamsevak Sangh, or RSS, in Nagpur), it’s in Karnataka,” said Saldanha, who conducted a private inquiry into a series of attacks that rocked Karnataka in September 2008 following the unprecedented anti-Christian bloodbath in Orissa state’s Kandhamal district.

Between Aug. 17 and Sept. 21, 2008, more than 28 attacks on churches, led mainly by the Hindu extremist Bajrang Dal, a Sangh Parivar offshoot, were reported from various parts of Karnataka.

Saldanha pointed out that Brahmins, the highest or priestly class in the caste hierarchy in Hinduism, from Udupi district and Mangalore city in neighboring Dakshina Kannada district played a special role in leading the Hindu right-wing movement. The retired judge also accused the BJP government of supporting Sangh Parivar outfits with public money.

“The Karnataka government gives money to right-wing groups for festivals in the name of celebrations, and also through donations to certain temples,” he said.

Agreeing with Saldanha, the CBCI’s Joseph said the violence in Karnataka points to a “decline in civility and collapse of administration.”

“It is indeed sad that Karnataka, which enjoyed communal harmony and social amity for so long, has recently been pushed into the cycle of hate crimes perpetrated by the extreme elements in society that do not believe in mutual tolerance or acceptance,” Joseph said.

Karnataka Gov. H.R. Bhardwaj reportedly said earlier this week that protection of people’s lives and liberties, including the right to propagate their religion, was “the essence of Indian democracy.”

The governor said it was the responsibility of the state government “to see that nobody is allowed to flout the democratic norms and laws of the land,” acknowledging a rise in the incidence of attacks against churches, reported Daijiworld.

His comments came a day after an attack on a glass painting of the Virgin Mary at the entrance arch of the Canara Organisation for Development and Peace building in Nantoor area on Saturday (Jan. 30).

On that day Christians held a silent protest in Mysore, and on Monday (Feb. 1) Christians in Mangalore protested in like fashion against increasing attacks on them.

On Jan. 28, unidentified people burned down a church in Raipura area in Molakalmuru town in Chitradurga district. The Jesus Loves Holy Temple Church turned into ashes, reported GCIC.

Two Catholic churches were attacked in Mysore and Uttara Kannada districts on Jan. 25. Unidentified people reportedly broke a statue of Mary on the compound wall of the Holy Family Church in Hinkal village in the wee hours in Mysore district. In the other incident, glass panes covering the statue of Mary were broken at St. Anthony Church in the Pernamakki area in Uttara Kannada district.

At 2:30 a.m. this morning, unidentified people broke into a Catholic church and vandalized it in the Malavalli area of Mandya district, reported the Karnataka-based GCIC. The cross, statues and musical instruments in the St. Mathias Church were destroyed, it said, adding that the parish priest filed a complaint at the Malavalli police station.

‘Lip Service’

Echoing claims of the Hindu nationalist BJP, Karnataka State Minorities Commission member Anthony Fernandez said he does not believe there is any reason for concern.

“Some elements are simply trying to tarnish the image of the state government,” he said.

Fernandez acknowledged, however, that the Hindu nationalist Sri Ram Sene (Army of God Rama) was involved in some attacks. The Sri Ram Sene is believed to be a splinter group from the Sangh Parivar family of organizations under the RSS.

Karnataka Chief Minister B.S. Yeddyurappa on Jan. 28 warned those who vandalize religious places, saying he would have their hands “chopped off.”

“I, the chief minister of Karnataka, am saying I will chop off their hands,” Yeddyurappa was quoted as saying by Headlines Today news channel.

The CBCI’s Joseph said “lip service” by the government was “no longer enough.”

“It has to show results on the ground that it means business in tackling the menace of communal elements,” he said. “Unprovoked violence against fellow citizens in the name of religion is pernicious, and it must stop forthwith, or else the impression may gain ground that the administration of the day is colluding with criminal and extreme elements in vitiating the social harmony for short term political gains – something this country can ill afford in the long run.”

Report from Compass Direct News 

IRAN: AUTHORITIES TIGHTEN GRIP ON CHRISTIANS AS UNREST ROILS

Waves of arrests hit church networks; judge asks converts from Islam to recant.

LOS ANGELES, August 11 (Compass Direct News) – Amid a violent crackdown on protestors and a purge of opponents within the Iranian government, more than 30 Christians were arrested in the last two weeks near Tehran and in the northern city of Rasht.

Two waves of arrests near Tehran happened within days of each other, and while most of those detained – all converts from Islam – were held just a day for questioning, a total of eight Christians still remain in prison.

On July 31 police raided a special Christian meeting 25 kilometers (15 miles) north of Tehran in the village of Amameh in the area of Fashan. A Compass source said about 24 Christians, all converts from Islam, had gathered in a private home. In the afternoon police squads in both plain clothes and uniform raided and arrested everyone present.

“Many people stormed the villa, and in the same day they took everything,” said the source, a Christian Iranian who requested anonymity.

All present were taken by private car to their residences, where police took all their passports, documents, cash, CDs, computers and mobile phones, and from there to the police station.

“There were many cars so they could take each person with a car to their house from the meeting,” said the source. “Think of how many cars were there to arrest them. And they took all their books, PCs, CDs mobile phones, everything.”

While most of them were released the same evening, seven of them – Shahnam Behjatollah, and six others identified only as Shaheen, Maryam, Mobinaa, Mehdi, Ashraf and Nariman – all remain in detention in an unknown location. They have no contact with their family members.

Police have questioned each of their families and told them to prepare to pay bail. In the case of Behjatollah, for whom police had a warrant, authorities showed his family the official order for his arrest and told them they “knew all about him,” according to the source. Behjatollah is 34 years old, married and has a 6-year-old daughter.

The second wave of arrests of some of the same Christians near Tehran took place on Friday (Aug. 7).

“They brought the released members for interrogation to the secret police again, to get more information about their movements,” said the source.

In Rasht, a total of eight Christians belonging to the same network were arrested on July 29 and 30 in two separate rounds of arrest. Seven were released, while one, a male, remains in the city’s prison. Compass sources were unable to comment on the conditions of their arrest.

Two Women Asked to Recant

On Sunday (Aug. 9) two Christian women appeared before a judge who asked them if they would deny their newfound faith and return to Islam.

Maryam Rostampour, 27, and Marzieh Amirizadeh Esmaeilabad, 30, have been held in the notorious Evin prison since March 5 accused of “acting against state security” and “taking part in illegal gatherings.” In a short court session, the judge asked them if they were going to deny their faith and return to Islam, reported the Farsi Christian News Network (FCNN).

As both women refused to recant their faith, the judge sent them back to their prison cells “to think about it,” according to a source who spoke with family members.

“When they said, ‘Think about it,’ it means you are going back to jail,” said the source. “This is something we say in Iran. It means: ‘Since you’re not sorry, you’ll stay in jail for a long time, and maybe you’ll change your mind.’”

The source said the first goal of judges in such cases is usually to make “apostates” deny their faith through threats or by sending them back to prison for a longer time.

“This is what they said to Mehdi Dibaj, who was in prison for 10 years and martyred in 1994,” said the source about one of Iran’s well-known Christian martyrs. “The charge against them is apostasy [leaving Islam].”

FCNN reported that in the last five months the women have been unwell and have lost much weight. Esmaeilabad suffers from spinal pain, an infected tooth and intense headaches and is in need of medical attention. None has been provided so far.

With a draft penal code that may include an article mandating death for apostates in accordance to sharia (Islamic law) expected to be reviewed once again this fall when the parliamentary session begins, experts on Iran fear things may get worse for the country’s converts from Islam.

Dr. Wahied Wahdat-Hagh, a senior fellow with the European Foundation for Democracy, wrote in http://www.Iranpresswatch.org last month that false hopes have arisen from a statement by the chairman of the Majlis Legal Affairs Committee, Hojatoleslam Ali Schahroki, that a provision for mandatory death penalty for apostates had been stricken from the bill. The Council of Guardians and Iran’s Supreme Leader, he wrote, have the final say on capital punishment for leaving Islam.

“Recent political events in Iran have ushered in a new phase in the emergence of a totalitarian dictatorship,” he wrote. “Pressure on Iranian Christians is growing just as foreign powers are being blamed for rioting that broke out due to the electoral fraud. The argument on the influence of foreign powers is well known to Iranian Christians.”

Fury

Public allegations that detainees have been tortured, abused, killed and most recently – according to a top opposition official – raped in custody have fueled fury in Iran and spurred powerful conservative Ali Larijani to comment that a parliament committee would investigate the reports, reported The Associated Press.

At least four senior Intelligence Ministry figures were fired in an effort to purge officials who are opposed to the crackdown on protestors and opposition following last month’s disputed presidential elections, the AP reported yesterday.

Iranian sources said that the long-standing rift in the government between liberal and conservative factions is widening and becoming more apparent, and the two sides are in a battle of words and ideas in mass media for the first time in Iran’s history.

“Everything is in the newspaper,” the Christian Iranian source told Compass. “We have never had such a thing … the point is that now all these old problems that were inside the government between liberals and fundamentalists are coming out, and we can see them on TV, radio, newspaper, the public media in the country. It isn’t something we’re guessing anymore. It’s something you can see and read.”

The source said the crackdown on protestors and recent mass arrests are the sign of a weak government trying to show it is in control of a country roiled by discontent.

“Everyone now is saying is that the government is having problems inside so they have lost the control,” the source said. “So what they did in the last couple of weeks is that they arrested people … minority religions, Baha’i and Christians.”

On July 31, a Christian man traveling overseas from the Tehran International airport was stopped for questioning because he was wearing a black shirt, a Compass source said. The colors black and green have become associated with opposition to the government, and those wearing them are suspected of ideologically agreeing with the protestors.

The authorities found his Bible after a questioning and searching. He was taken to a room where there were others waiting, all wearing green and black shirts. Authorities confiscated his passport and have opened a case against him for carrying the Bible, said the source.

Although there has been no mention of Christians being tortured in the most recent arrests, an increase in executions of persons under the commonly fabricated charges of drug abuse and trafficking bodes ill for the future of those in Iranian prisons. As detainees are allowed neither legal counsel nor communication with their families, their conditions are nearly unknown.

On Friday (Aug. 7) Amnesty International reported an average of two executions a day since the disputed presidential elections held on June 12.

“In just over 50 days, we recorded no less than 115 executions, that is an average of more than two each day,” said Irene Khan, Secretary General of Amnesty International. “This represents a significant increase, even compared to the appallingly high rate of executions that has been so long a feature of the human rights scene in Iran.”

The report described the government’s attempt to suppress the mass “and largely peaceful” protests as brutal and also expressed concerns that those who were executed were likely to have been denied fair trials. Most of those executed are said to have been convicted of drug-smuggling or related offences. Authorities have not released the names of 24 prisoners executed on Wednesday (Aug. 5) in the Rejai Shahr Prison in Karaj.

Report from Compass Direct News