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 

BURMA: REPORT DOCUMENTS ABUSE OF CHIN CHRISTIANS

Human Rights Watch shows systematic, officially sanctioned religious freedom violations.

DUBLIN, February 20 (Compass Direct News) – A Human Rights Watch (HRW) report released in January details serious and ongoing abuses against the Chin people, a minority group in Burma’s northwest who claim to be 90 percent Christian.

HRW’s research echoes a 2004 report by the Chin Human Rights Organization (CHRO) that described targeted abuse of Christians in Chin state, with the Burmese army subjecting pastors and church members to forced labor, arbitrary arrest and detention, torture and sometimes death.

While religious oppression is extreme in Chin state, restrictions also apply elsewhere in Burma, also known as Myanmar. Most recently, officials in January forced the closure of more than 100 churches in Rangoon and ordered owners of apartment buildings and conference facilities not to rent their properties to religious groups.

Based on interviews with Chin refugees in India and Malaysia between 2003 and 2008, HRW’s report describes how an increasing number of army battalions stationed in Chin state since 1988 have inflicted forced labor and arbitrary fines on the Chin people, as well as bullied them away from Christianity toward Buddhism.

“When we meet the army, we are shaking,” a Chin refugee pastor told HRW. “Whatever they want is law.”

The HRW report, entitled “We Are Like Forgotten People,” notes that soldiers frequently forced Christians to donate finances and labor to pagoda construction projects in areas where there were few or no Buddhist residents.

They also occasionally forced Christians to worship in Buddhist pagodas. One Chin pastor described how Burmese soldiers brought him to a pagoda and prodded him with their guns, commanding him to pray as a Buddhist.

“They said that this is a Buddhist country and that I should not practice Christianity,” he told HRW.

The military forced village headmen to present “volunteers” for military training or army construction projects and secured “donations” such as food or finance for army battalions. Soldiers severely beat or detained headmen if a village failed to meet quotas, seizing livestock or property in retribution.

Pastors often faced similar treatment, particularly if church members were accused – often without proof – of involvement with the Chin National Front insurgency group. HRW listed arrest, detention and torture as methods used against those accused of being part of the Chin National Front, based across the border in northeast India. Torture included beatings with sticks or guns and electric shocks via metal clips attached to high-voltage batteries. Such measures were also used to crush dissent against army policies such as failure to pay extortionate and arbitrary fees.

The military government promoted Buddhism over all other religions in Chin state through threats and inducements, destroying churches and other religious symbols, and restricting the printing and importing of Bibles and other Christian literature, HRW reported.

A judge in 1999 sentenced one man from Falam township to three years in prison for bringing Chin language Bibles into Burma, contravening Burma’s 1965 Censor Law. Authorities also burned 16,000 copies of Chin and other ethnic language Bibles brought into neighboring Sagaing Division, another Chin majority area, in 2000.

 

‘Campaign of Ethnocide’

CHRO’s 2004 report, “Religious Persecution: A Campaign of Ethnocide Against Chin Christians in Burma,” explained that Christianity had become inseparable from Chin culture following the arrival of American Baptist missionaries in 1899.

The report, based on information gathered in Chin state, gave numerous examples of the destruction of churches and crosses, the burning of Bibles and restrictions on other religious publications and activities between 1993 and 2004 – including the extrajudicial killings of four Chin Christians in 1993.

Burmese authorities routinely denied permission for the construction of new churches and required permits for large church gatherings, although lengthy bureaucratic processes meant that most of these gatherings were eventually postponed or cancelled.

A September 2008 U.S. Department of State report confirmed that Chin state authorities have not granted permission to build a new church since 2003.

As recently as last November, a government official ordered residents of Tayawaddy village in neighboring Sagaing Division to destroy the foundations of a new church building erected by members of a Chin Christian student fellowship. A report in the Chinland Guardian claimed villagers were subsequently ordered not to rent their homes to Chin students or the homes would be destroyed.

 

Enticement to Convert

CHRO’s report gave clear evidence of government support for coerced conversions. For example, the government offered free secular education to several children from impoverished families, only to place them as novice monks in Buddhist monasteries in Rangoon.

The Ministry of Religious Affairs has also sent Buddhist monks to villages and towns throughout Chin state under the Hill Regions Buddhist Mission program, one of several Buddhist missionary initiatives highlighted on the ministry’s website. Chin residents who spoke to CHRO likened these monks to “military intelligence” operatives who worked in partnership with Burmese soldiers to control the Chin people.

According to one Chin resident, “Anyone who doesn’t abide by the monks’ orders is reported to the State Peace and Development Council [Burmese government officials] and punished by the army.”

Another Chin man from Matupi township attended a government-sponsored “social welfare” training session only to discover that it was a propaganda session led by a Buddhist monk.

“In the training we were taught the 17 facts of how to attack and disfigure Christians,” he explained.

The 17-point method encouraged converts to criticize Christian ways of life as corrupting culture in Burma, to point out weaknesses in Christianity, and to attack Christians by both violent and non-violent means.

“We were promised that 1,200 kyats per month [US$190] would be provided to those families who became Buddhist,” the training participant added. That amount of money is significant in the Burmese economy.

The instructor also ensured participants that they would be exempt from “portering” and other forms of forced labor and compulsory “donations” if they converted, and that the government would provide education for their children.

“I became a Buddhist because of such privileges rather than because I think Buddhism is better than Christianity,” the Chin participant told CHRO.

 

Religious Policy Elsewhere

According to CHRO, both the Burmese army and the monks are pursuing an unofficial government policy summed up in three words; “Amyo, Batha, Thathana,” which translates as “One race, one language, one religion” – or Burman, Burmese and Buddhist.

This policy was exemplified by the forced closure in January of more than 100 churches in the capital, Rangoon.

Officials on Jan. 5 invited pastors from more than 100 Rangoon churches to a meeting where they were ordered to sign documents pledging to cease operation of their churches or face imprisonment. About 50 pastors attended, according to Burmese news agency Mizzima.

A CHRO spokesman told Compass yesterday that a significant number of these churches were ethnic rather than majority Burman churches.

In mid-January, officials ordered several other major Rangoon churches to close, including Wather Hope Church, Emmanuel Church and an Assemblies of God Church. (See Compass Direct News, “Burma Clamps Down on Christians,” Jan. 21.)

Officials from the Ministry of Religious Affairs in January summoned the owners of buildings where churches met and ordered them not to rent their properties to religious groups, according to another local online news source, the Democratic Voice of Burma.

In the late 1990s, Burma stopped issuing permits for land purchase or the construction of new churches in Rangoon and elsewhere, leading many Burmese Christians to conduct services in rented apartments or office buildings.

The church closure orders may simply be an extension of Burma’s existing religious policies, which elevate Buddhism in an effort to solidify national identity. The country’s population is 82 percent Buddhist, 9 percent Christian and 4 percent Muslim, with traditional ethnic, Chinese and Hindu religions accounting for the rest.

In a 2007 report describing religious persecution throughout Burma, including Chin state, Christian Solidarity Worldwide cited the “Program to Destroy the Christian Religion in Burma,” a 17-point document that had circulated widely in Rangoon. Allegedly authorized by the Ministry of Religious Affairs, the program’s first point declared that, “There shall be no home where the Christian religion is practiced.”

The Ministry of Religious Affairs subsequently pressured religious organizations to publicly condemn CSW’s report and deny all claims of religious discrimination in Burma.  

Report from Compass Direct News

BURMA: AUTHORITIES CLAMP DOWN ON CHRISTIANS

Churches ordered to cease services, stop meeting in ‘unauthorized’ venues.

DUBLIN, January 21 (Compass Direct News) – Burmese authorities last week increased restrictions on Christian activity in the capital city of Rangoon and surrounding areas, including the closure of several churches, Compass sources confirmed yesterday.

Orders issued on Jan. 5 had already forced many Christians meeting in residential homes or apartments to cease gathering for worship. Officials last week ordered several major Rangoon churches, including Wather Hope Church, Emmanuel Church and the Assemblies of God Church, to cease holding services and continued enforcing the Jan. 5 ban on meetings held in unauthorized facilities.

In the late 1990s authorities stopped issuing permits for land purchase or the construction of new churches, leading many Burmese Christians to conduct services in rented apartments or office buildings, according to the Burmese news agency Mizzima.

The Kyauktada Township Peace and Development Council on Jan. 5 invited pastors from more than 100 Rangoon churches to a meeting where they were told to sign documents pledging to cease operation of their churches. About 50 pastors attended, according to Mizzima.

The documents threatened punishment, including potential jail terms and the sealing of church facilities, for pastors who refused to obey the closure orders.

Another local online news source, the Democratic Voice of Burma, claimed officials from the Ministry of Religious Affairs had summoned the owners of buildings where churches met and ordered them not to rent their properties to religious groups.

Mizzima quoted an unnamed Burmese Christian who claimed that 80 percent of churches in Rangoon were affected by the order.

 

History of Religious Repression

Some local Christians and international observers say the crackdown is related to Christian involvement in relief efforts for the victims of Cyclone Nargis, which hit Burma in May 2008.

Despite widespread devastation and loss of life, Burma’s reclusive government initially banned foreign aid but finally accepted it on condition that Burmese officials would distribute it. Christians, however, had responded immediately to the crisis, gathering relief supplies and transporting them to the Irrawaddy Delta region. Police or army officials stopped some groups, but many were allowed to proceed. At least one such group told Compass that officials likely feared the conversion of Buddhists who accepted aid from Christians.

The military junta ruling Burma promotes Buddhism at the expense of other minority religions, according to Paul A. Marshall’s 2008 Religious Freedom in the World. The country’s population is 82 percent Buddhist, 9 percent Christian and 4 percent Muslim, with traditional ethnic, Chinese and Hindu religions accounting for the rest.

The church closure orders may simply be an extension of Burma’s existing religious policies, which elevate Buddhism in an effort to solidify national identity. Burma ranks high on lists of religious and human rights violators at several watch organizations, including the U.S. State Department, Human Rights Watch, Freedom House and Open Doors.

Documents declaring the government’s intention to “stamp out” Christianity have circulated for some time. Rights organization Christian Solidarity Worldwide drew attention to one such document in a 2007 report entitled, “Carrying the Cross: The military regime’s campaign of restriction, discrimination and persecution against Christians in Burma.” The report summarized a 17-point document allegedly produced by an organization affiliated with the Ministry of Religious Affairs entitled, “Program to Destroy the Christian Religion in Burma.”

The first point in this document declared that, “There shall be no home where the Christian religion is practiced.”

A military dictatorship has ruled Burma since 1962. Following the takeover, the government renamed Burma as the Union of Myanmar and the capital city as Yangon, but many news agencies and government bodies continue to use the original names. When elections were held in 1988, with the opposing National League for Democracy clearly in the majority, the generals rejected the popular vote and used brute military force to cement their power throughout Burma. A similar show of force met hundreds of Buddhist monks who initiated mass anti-government protest rallies on the streets of Rangoon in September 2007.

While almost all Burmese citizens suffer under the regime, Christians are often singled out for specific attack or repression because of their perceived connections with the West.

Reports from various mission groups suggest Christianity is flourishing under the regime, but believers must be creative with their worship – particularly in rural areas. In reports confirmed by Compass, Christians in one state began photocopying Bibles to overcome restrictions on religious publications. Others baptized new Christians during the annual water festival, where citizens douse each other with buckets of water, ceremonially washing away the “sins” of the past year.

 

Heightened Security, Control

Rangoon residents say a much heavier security presence has been evident in the city since early January, when political activists began distributing anti-government leaflets, The Irrawaddy newspaper reported on Jan. 13. The leaflet drops may have contributed to the current crackdown on church gatherings, as generals suspect all organized groups of having a political agenda.

At a graduation of military students in Rangoon on Jan. 9, Vice-Senior Gen. Maung Aye, who is commander-in-chief of the army and deputy commander-in-chief of Defense Services, warned students to steadfastly uphold the country’s “Three Main National Causes” to prevent “recurrences of past bitter experiences.” The causes were listed as non-disintegration of the Union of Myanmar, non-disintegration of national solidarity and perpetuation of sovereignty.

The New Light of Myanmar, a government newspaper, reported the general as saying that, “You will have learned bitter lessons from a number of world events, in which certain States have become weaker … owing to external intervention in their conflicts.”  

Report from Compass Direct News