ACCC wants to curb digital platform power – but enforcement is tricky


Katharine Kemp, UNSW

We need new laws to monitor and curb the power wielded by Google, Facebook and other powerful digital platforms, according to the Australian Competition and Consumer Commission (ACCC).

The Preliminary Report on the Digital Platforms Inquiry found major changes to privacy and consumer protection laws are needed, along with alterations to merger law, and a regulator to investigate the operation of the companies’ algorithms.

Getting the enforcement right will be key to the success of these proposed changes.




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Digital platforms. Why the ACCC’s proposals for Google and Facebook matter big time


Scrutinising accumulation of market power

The report says Google and Facebook each possess substantial power in markets such as online search and social media services in Australia.

It’s not against the law to possess substantial market power alone. But these companies would breach our November 2017 misuse of market power law if they engaged in any conduct with the effect, likely effect or purpose of substantially lessening competition – essentially, blocking rivalry in a market.

Moving forwards, the ACCC has indicated it will scrutinise the accumulation of market power by these platforms more proactively. Noting that “strategic acquisitions by both Google and Facebook have contributed to the market power they currently hold”, the ACCC says it intends to ask large digital platforms to provide advance notice of any planned acquisitions.

While such pre-notification of certain mergers is required in jurisdictions such as the US, it is not currently a requirement in other sectors under the Australian law.

At the moment the ACCC is just asking the platforms to do this voluntarily – but has indicated it may seek to make this a formal requirement if the platforms don’t cooperate with the request. It’s not currently clear how this would be enforced.

The ACCC has also recommended the standard for assessing mergers should be amended to expressly clarify the relevance of data acquired in the transaction as well as the removal of potential competitors.

The law doesn’t explicitly refer to potential competitors in addition to existing competitors at present, and some argue platforms are buying up nascent competitors before the competitive threat becomes apparent.




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A regulator to monitor algorithms

According to the ACCC, there is a “lack of transparency” in Google’s and Facebook’s arrangements concerning online advertising and content, which are largely governed by algorithms developed and owned by the companies. These algorithms – essentially a complex set of instructions in the software – determine what ads, search results and news we see, and in what order.

The problem is nobody outside these companies knows how they work or whether they’re producing results that are fair to online advertisers, content producers and consumers.

The report recommends a regulatory authority be given power to monitor, investigate and publish reports on the operation of these algorithms, among other things, to determine whether they are producing unfair or discriminatory results. This would only apply to companies that generate more than A$100 million per annum from digital advertising in Australia.




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These algorithms have come under scrutiny elsewhere. The European Commission has previously fined Google €2.42 billion for giving unfair preference to its own shopping comparison services in its search results, relative to rival comparison services, thereby contravening the EU law against abuse of dominance. This decision has been criticised though, for failing to provide Google with a clear way of complying with the law.

The important questions following the ACCC’s recommendation are:

  • what will the regulator do with the results of its investigations?
  • if it determines that the algorithm is producing discriminatory results, will it tell the platform what kind of results it should achieve instead, or will it require direct changes to the algorithm?

The ACCC has not recommended the regulator have the power to make such orders. It seems the most the regulator would do is introduce some “sunshine” to the impacts of these algorithms which are currently hidden from view, and potentially refer the matter to the ACCC for investigation if this was perceived to amount to a misuse of market power.

If a digital platform discriminates against competitive businesses that rely on its platform – say, app developers or comparison services – so that rivalry is stymied, this could be an important test case under our misuse of market power law. This law was amended in 2017 to address longstanding weaknesses but has not yet been tested in the courts.




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Privacy and fairness for consumers

The report recommends substantial changes to the Privacy Act and Australian Consumer Law to reduce the power imbalance between the platforms and consumers.

We know from research that most Australians don’t read online privacy policies; many say they don’t understand the privacy terms offered to them, or they feel they have no choice but to accept them. Two thirds say they want more say in how their personal information is used.

The solutions proposed by the ACCC include:

  • strengthening the consent required under our privacy law, requiring it to be express (it may currently be implied), opt-in, adequately informed, voluntary and specific
  • allowing consumers to require their personal data to be erased in certain circumstances
  • increasing penalties for breaches of the Privacy Act
  • introducing a statutory cause of action for serious invasion of privacy in Australia.



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This last recommendation was previously made by the Australian Law Reform Commission in 2014 and 2008, and would finally allow individuals in Australia to sue for harm suffered as a result of such an invasion.

If consent is to be voluntary and specific, companies should not be allowed to “bundle” consents for a number of uses and collections (both necessary and unnecessary) and require consumers to consent to all or none. These are important steps in addressing the unfairness of current data privacy practices.

Together these changes would bring Australia a little closer to the stronger data protection offered in the EU under the General Data Protection Regulation.

But the effectiveness of these changes would depend to a large extent on whether the government would also agree to improve funding and support for the federal privacy regulator, which has been criticised as passive and underfunded.

Another recommended change to consumer protection law would make it illegal to include unfair terms in consumer contracts and impose fines for such a contravention. Currently, for a first-time unfair contract terms “offender”, a court could only “draw a line” through the unfair term such that the company could not force the consumer to comply with it.

Making such terms illegal would increase incentives for companies drafting standard form contracts to make sure they do not include detrimental terms which create a significant imbalance between them and their customers, which are not reasonably necessary to protect their legitimate interests.




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Soft terms like ‘open’ and ‘sharing’ don’t tell the true story of your data


The ACCC might also take action on these standard terms under our misleading and deceptive conduct laws. The Italian competition watchdog last week fined Facebook €10 million for conduct including misleading users about the extent of its data collection and practices.

The ACCC appears to be considering the possibility of even broader laws against “unfair” practices, which regulators like the US Federal Trade Commission have used against bad data practices.

Final report in June 2019

As well as 11 recommendations, the report mentions nine areas for “further analysis and assessment” which in itself reflects the complexity of the issues facing the ACCC.

The ACCC is seeking responses and feedback from stakeholders on the preliminary report, before creating a final report in June 2019.

Watch this space – or google it.




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The Conversation


Katharine Kemp, Lecturer, Faculty of Law, UNSW, and Co-Leader, ‘Data as a Source of Market Power’ Research Stream of The Allens Hub for Technology, Law and Innovation, UNSW

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

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The problem with Australia’s banks is one of too much law and too little enforcement



File 20180928 48665 1bm221p.jpg?ixlib=rb 1.1
bank cards.

Deborah Ralston, Monash University

Prime Minister Scott Morrison and Treasurer Josh Frydenberg moved very quickly to deliver the interim report of the Royal Commission into Financial Services to the public. It was submitted to the Governor General, tabled in parliament (out of session), and made public on the same afternoon – Friday September 28.

The three-volume report is limited to findings from the first four rounds of hearings, on consumer credit, financial services, lending to small- and medium-sized enterprises, and experiences with regional and remote communities.



So far the commission has received almost 10,000 submissions, mainly related to banking (67%), superannuation (12%), and financial advice (9%). Most address issues relating to personal finance, superannuation, or small business finance.

In receiving the interim report, Frydenberg reiterated its key message that financial institutions have put “profits before people”.

It’s about the money

According to the report, poor culture and conduct in banks have been driven by their remuneration policies, with almost every instance of misconduct being directly linked to monetary benefit.




Read more:
Banking Royal Commission’s damning report: ‘Things are so bad that new laws might not help’


The interim report is also highly critical of the regulators, painting a disconcerting picture of their determination to detect and monitor misbehaviour and enforce compliance with the law.

The Australian Securities and Investments Commission comes in for particular scrutiny, with Commissioner Kenneth Hayne noting that where the law had been broken, “little happened beyond an apology from the entity, drawn-out remediation, and an infringement notice or an enforceable undertaking that acknowledged no more than ASIC had reasonable concerns about the entity’s conduct”.

The penalties imposed were often immaterial, given the size of the institutions involved.

The letter of the law can smother its spirit

It’s hard to know how to regulate. On occasions, as with the Future of Financial Advice legislation, the spirit of the law has been lost in complexity about prescribed behaviour, and of course so-called “grandfathering provisions” which ensure commissions that began in the past can continue even though they would no longer be legal.

The interim report asks whether, rather than more legislation, the answer lies in less: in simplifying the laws to better reflect their intentions.




Read more:
Royal Commission shows banks have behaved appallingly, but we’ve helped them do it


It is something Labor had in the original version of the financial advice legalisation – an overarching obligation on advisers to act in their client’s “best interests”, an obligation the Coalition tried to remove on attaining office, arguing that specific provisions would do the job just as well.

On releasing the interim report, Frydenberg was asked where our regulators had been ineffective because they had been captured by industry or had inadequate resources.

Frydenberg replied that culture was indeed substandard, but that giving the regulators more resources would be seriously examined.

The government has already given ASIC and APRA more.

In August, ASIC received A$70 million in additional funding to strengthen supervision and give it the capability to embed its staff members inside major banks.

Earlier this year the government appointed a second ASIC deputy chairman, Daniel Crennan QC, to bolster its enforcement credentials.

The new chairman James Shipton appears to be reshaping the ASIC culture.

But that’s only the beginning of the changes we are likely to see.

It’s our turn now

Public submissions in response to the interim report are now open and are due by Friday October 26, 2018.

Two more rounds of hearings are yet to be held, with the final report due by February 1, 2019.The Conversation

Deborah Ralston, Professor of Finance, Monash University

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

Muslims in Bangladesh Beat, Deprive Christians of Work


Refusing to recant Christianity, victims are attacked on rumors of disrespecting Islam.

LOS ANGELES, November 2 (CDN) — Muslim villagers last month beat a 63-year-old Christian convert and his youngest son because they refused to return to Islam, the father told Compass.

The next day, another Christian in a nearby village was beaten and robbed in related violence in southwestern Bangladesh.

Aynal Haque, 63, a volunteer for Christian organization Way of Life Trust, told Compass that his brothers and relatives along with Muslim villagers beat him and his son, 22-year-old Lal Miah, on Oct. 9 when they refused to recant Christianity. The family lives at Sadhu Hati Panta Para village in Jhenaidah district, some 250 kilometers (155 miles) southwest of the capital city, Dhaka. It is in the jurisdiction of Sadar police station.

Haque’s relatives and villagers said that he had become Christian by eating pork and by disrespecting the Quran, he said.

“I embraced Christianity by my own will and understanding, but I have due respect for other religions,” Haque said. “How can I be a righteous man by disrespecting other religions? Whatever rumors the villagers are spreading are false.”

At a meeting to which Haque was summoned on Oct. 9, about 500 men and women from several villages gathered, including local and Maoist party leaders.

“They tried to force me and my son to admit that we had eaten pork and trampled on the Quran to become Christian,” Haque said. “They tried to force us to be apologetic for our blunder of accepting Christianity and also tried to compel us to go back to Islam. I told them, ‘While there is breath left in our bodies, we will not reject Christianity.’

“When we denied their allegation and demand, they beat us severely. They ordered us not to mix with other Muslim villagers. They confined us in our house for five days.”

Haque has worked on his neighbors’ land for survival to supplement the meager income he earns selling seeds in local markets, but the villagers have now refused to give him work, he said.

“Every day I earn around 50 taka to 100 taka [70 cents to US$1.40] from the seed business,” he said. “Some days I cannot earn any money. So, I need to work villagers’ land for extra money to maintain my family.”

His youngest son also worked in neighbors’ fields as a day-laborer, besides attending school.

“We cannot live if we do not get farming work on other people’s land,” Haque said.

Haque, his wife and youngest son received Christ three years ago, and since then they have faced harassment and threats from Muslim neighbors. His other grown son and two daughters, as well as a son-in-law, also follow Christ but have yet to be baptized. There are around 25 people in his village who came to Christ under Haque’s influence; most of them remain low-profile to avoid harassment from the villagers, he said.

The weekly worship service in Haque’s shanty house has been hampered as some have been too fearful to attend, and the 25 members of the church fear the consequences of continuing to meet, Haque said.

Officials of Way of Life Trust tried to visit the area to investigate the beating of Haque and his son but were unable due to security risks, said Jatish Biswas, the organization’s executive director. They informed the district police chief, who instantly sent forces to provide safety for the Christians, Biswas said.

Villagers thought that if they were able to get Haque to renounce Christianity, then the other Christians would quickly return to Islam, according to Biswas.

 

Reverberation

Hearing of the incident in Sadhu Hati Panta Para the next day (Oct. 10), Muslims in Kola village about five kilometers (nearly three miles) away beat a Christian friend of Haque’s and robbed his seed shop.

Tokkel Ali, 40, an evangelist in one of the house churches that Way of Life Trust has established, told Compass that around 20 people arrived at his shop at about 11 a.m. and told him to go with them to Haque’s house.

“The presence of so many people, most of whom I did not know, and the way they were talking, seemed ominous to me, and I refused to go with them,” Ali said. “I said, ‘If he wants me to go to his house, he could call me on my mobile.’”

One person in the crowd pointed toward Ali, saying that he was a Christian and had made otherwise innocent people Christians by them feeding pork and letting them disrespect the Quran, said Ali. Islam strictly prohibits eating pork.

“That rumor spread like wildfire among other Muslims,” Ali said. “All of a sudden, a huge crowd overran me and started beating me, throwing my seeds here and there.”

Ali said he lost consciousness, and someone took him to a nearby three-storey house. When he came to, he scrambled back to his shop to find his seeds scattered, and 24,580 taka (US$342) for buying seed had been stolen, along with his bicycle.

Accustomed to earning just enough each day to survive, Ali said it would be impossible for him to recover and rebuild his business. He had received loans of 20,000 taka (US$278) from Grameen Bank (Nobel Peach Prize laureate Muhammad Yunus’ micro-finance entity), 15,000 taka (US$209) from the Bangladesh Rural Advancement Committee and 11,000 taka (US$153) from Way of Life Trust to establish the business. Ali ran a similar seed business in Dakbangla market in Kola village.

“How can I pay back a weekly installment of 1,150 taka [US$160] to the micro-credit lending NGOs [Non-Governmental Organizations]?” he said. “I have already become delinquent in paying back some installments after the looting of my money and shop. I’ve ended up in deep debt, which has become a noose around my neck.”

Ali said he has not dared filed any charges.

“If I file any case or complain against them, they will kill me, as this area is very dangerous because of the Maoists,” he said, referring to a banned group of armed rebels with whom the villagers have links. “Even the local administration and the law enforcement agencies are afraid of them.”

Ali has planted 25 house churches under Way of Life Trust serving 144 people in weekly worship. Baptized in 2007, he has been following Christ for more than 10 years.

“Whenever I go to bazaar, people fling insults at me about that beating,” he said. “Everyone says that nothing would have happened if I had not accepted Christianity, an abhorrent religion to them. People also say that I should hang myself with a rope for renouncing Islam.”

Since the beating, he has become an alien in his own village, he said.

“Whatever insinuation and rumors they spout against me and other believers, there is no language to squash it,” he said. “I have to remain tight-lipped, otherwise they will kill me.”

He can no longer cross the land of one of his neighbors in order to bathe in a nearby river, he said.

“After that incident, my neighbor warned me not to go through his land,” he said. “Now I take a bath in my home from an old and dysfunctional tube-well. My neighbors say, ‘Christians are the enemy of Muslims, so don’t go through my land.’ It seems that I am nobody in this village.”

Biswas of Way of Life Trust told Compass that Christians in remote villages lack the freedoms guaranteed in the Bangladeshi constitution to practice their faith without any interference.

“Where is religious liberty for Haque and Ali?” Biswas said. “Like them, many Christians in remote villages are in the throes of persecution, though our constitution enshrined full liberty for religious minorities.”

Way of Life Trust has aided in the establishment of some 500 house churches in Bangladesh, which is nearly 90 percent Muslim. Hinduism is the second largest religion at 9.2 percent of the 153.5 million people, and Buddhists and Christians make up less than 1 percent of the population.

Report from Compass Direct News

Muslim Boys in Pakistan Accused of Raping Christian Girl


DNA results match their semen samples in case filed by family of fatherless 14-year-old.

LAHORE, Pakistan, June 3 (CDN) — Forensic DNA results of semen samples in a sexual assault case show they match those of the Muslim boys a 14-year-old Christian girl accuses of raping her, according to advocacy organizations.

The girl accuses Muhammad Noman and Muhammad Imran, both 17, of abducting her from her school in Kamboh colony, Lahore, in Punjab Province, on May 6 and drugging her prior to sexually assaulting her, according to Khalid Gill, president of the Christian Lawyers Foundation (CLF), and officials of the National Commission of Justice and Peace (NCJP).

The minor, whose name was withheld, told the organizations that she was waiting for her younger sister at the main gate of S.M. Foundation School after class hours when Noman and Imran told her that a girl named Hira wanted to see her.

The girl said that she told them she was not familiar with anyone named Hira, but that she was not afraid because there was no problem meeting a girl. She told the NCJP that as she stepped off the school grounds, Noman and Imran overpowered her, tightly covering her mouth to stifle her cries for help. Later they gagged her with a band of cloth.

NCJP General Secretary Peter Jacob reported that they took her by motorbike to a place unknown to her and compelled her to consume a soft drink containing tranquilizers. Able to see but unable to move as she began to lose consciousness, she was unable to stop them as each boy raped her, she told the NCJP. She said she later became totally unconscious.

The CLF’s Gill said the boys later left her on a road near the school’s main entrance.

The girl’s father, Rehmat Masih, is deceased. Her mother, Aysha Bibi, said that she had fearfully begun searching for her and had contacted a school administration official, who said that her daughter had left the school on foot. Several Christian neighbors also participated in the search.

Christian neighbor Shehzad Masih found her unconscious on the road near the school gate and brought her home, according to the NCJP’s Jacob. As the 14-year-old regained consciousness, her mother and others brought her to the Millat Park Police Station and filed an application to register a case against Noman and Imran.

After investigating, on May 9 Millat Park Police registered a case against Noman and Imran for abducting “with intent to commit adultery.”

Although Muslims commonly commit crimes against Christians in Pakistan assuming law enforcement officials will not prosecute, the two boys were arrested on May 26. Police sent DNA samples of the semen of both Muslim youths to a forensic laboratory, and the results linking them to the crime returned this week, CLF and NCJP’s Jacob said.  

A urine test indicated the girl was not pregnant, CLF and NCJP officials said.

Report from Compass Direct News

Pastor, Wife Killed in Northern Nigeria


Suspected Islamists kidnap, slay couple in Bauchi state.

LAGOS, Nigeria, April 20 (CDN) — Suspected Islamic extremists last week abducted and killed a Church of Christ in Nigeria pastor and his wife in Boto village, Bauchi state in northern Nigeria.

The Rev. Ishaku Kadah, 48, and his 45-year-old wife Selina were buried on Saturday (April 17) after unidentified assailants reportedly whisked them from their church headquarters home on Tuesday (April 13) and killed them. Their burnt bodies were found hours later.

On Jan. 22, suspected Islamic extremists had set fire to their church building days after Christians displaced by violence in Plateau state had taken refuge on the church premises.

“This is yet another case of unprovoked killing of Christians, which we condemn, and demand that the law enforcement agents must fish out the perpetrators of this act,” Bishop Musa Fula, state chairman of the Christian Association of Nigeria in Bauchi state, told Compass.

Police have reportedly arrested two suspects and have launched a man-hunt for several other accomplices. Authorities are not releasing the names of the suspects.

Boto is located in the predominantly Christian Tafawa Balewa Local Government Area of Bauchi state, which has a history of Muslim attacks on Christians.

“Police claim they are working on it and we want to believe them,” Fula added. “We need assurance that our people are safe. We will soon meet later on the matter to decide our next line of action on these kind of attacks.”

The murdered couple’s son, Simeon Kadah, said an eyewitness who had come to the church premises to collect some rented chairs saw men dragging the pastor and his wife out of their house. Kadah said the men asked the eyewitness if he was a Muslim, and when he told them that he was, they told him to leave the area and tell no one what he had seen.

The Rev. Ladi Thompson of the Macedonian Initiative, an organization fighting anti-Christian persecution, decried the killing of the pastor and his wife, saying it is an indication of the great dangers Christians are exposed to in the predominantly Muslim north.

“This kind of mindless killing follows the same pattern that we have been campaigning against, which many state governments in northern Nigeria are not paying due attention to,” Thompson said. “The government cannot afford to continue to pay lip service to protecting Christians when some people in the name of religion can take the laws into their hands.

Unless we get to the root of cases like this, there will be no end to it.”

Following attacks on Christians near Jos in Plateau state in January and March, sporadic killings of Christians reportedly continue. Previously hundreds of Christian villagers were struck with machetes and burned to death on March 7 in Dogo Nahawa, Zot and Rastat, three villages in Jos South and Barkin Ladi Local Government Areas. 

On March 17, Muslim Fulani herdsmen assaulted two Christian villages in Plateau state, killing 13 persons, including a pregnant woman and children. In attacks presumably over disputed property but with a level of violence characteristic of jihadist method and motive, men in military camouflage and others in customary clothing also burned 20 houses in Byei and Baten villages, in the Riyom Local Government Area of the state, about 45 kilometers (29 miles) from Jos.

On Jan. 17, two pastors and 46 other Christians were killed in an outbreak of violence in Jos triggered when Muslim youths attacked a Catholic church. Police estimated over 300 lives were lost in subsequent clashes, in which 10 church buildings were burned.

Report from Compass Direct News 

False Charges Filed against 47 Christians in Pakistan


Police try to extract bribe after attacking home; in Rawalpindi, militants attack chapel.

VEHARI, Pakistan, April 8 (CDN) — Police here filed false charges of alcohol possession against 47 Christians, including women and children, on March 28 in an attempt to intimidate and bribe them, Christian leaders said.

Police broke into and ransacked the home of Shaukat Masih at 10:15 p.m. on Palm Sunday, manhandled his wife Parveen Bibi, and threatened to charge them and 45 other area Christians with alcohol possession if they did not pay a bribe, said attorney Albert Patras. The Christians refused.

Those charged include two children and eight women. Patras said that three of the 37 Christian men, Shaukat Masih, Moula Masih and Shanni Masih, secured pre-arrest bail and thus averted detainment by Dane Wall police in Vehari, in Punjab Province. None of the others named in the First Information Report is being held either.

“Police are not interested in their arrest, instead they were trying to extort some money from the destitute Christians,” Patras said. “Police thought that Christians, being a soft target, would readily be bribed to save their families, particularly their girls and women.”  

Non-Muslims with a permit are allowed to possess and drink alcohol in Pakistan, while alcohol is forbidden to Muslims in Pakistan. Shaukat Masih has a government permit to keep and drink alcohol, Patras said, thus making the possession charge baseless.

“No longer using just ‘blasphemy’ laws, police and fanatical Muslims have begun to use alcohol laws, Section 3/4 of the Pakistan Penal Code, to persecute the destitute Christians of Pakistan,” Patras said. “Only Christians in Pakistan are allowed to keep and drink alcohol, so Pakistani police can apprehend any Christian and then level section 3/4 of PPC against him or her.”

Patras, head of the Society for Empowerment of the People, told Compass that Sub-Inspector Irshaad-ur-Rehman of the Dane Wall police station, along with two other policemen illegally ransacked the house of Shaukat Masih and Sadiq Masih and threatened to file alcohol charges against them if they refused to pay the bribe.

Besides the alcohol accusations, police also filed charges against the Christians for interfering with police, attacking in the form of a mob, theft, confronting police and engaging in terrorist activities, Patras said.

Patras said that Rehman filed the false charges against the Christians only to protect himself and his cohorts against accusations over their attack on the household. Rehman was not immediately available for comment.

Khalid Gill, head of Lahore zone of the All Pakistan Minorities Alliance (APMA) and chief organizer of the Christian Liberation Front of Punjab Province, said that police violated the trust of their office.

“Keeping alcohol and drinking is taboo in Islam,” Gill said, “but Christians are issued permits to keep and drink alcohol. Now besides the discriminatory blasphemy laws of Sections 295-A, 295-B and 295-C of the penal code, fanatical Muslims and police have found this new way to harass and extort money from innocent, impoverished Christian families.”

The Rt. Rev. Bishop Naeem Essa condemned the police action, concurring with the other Christian leaders that Muslim extremists and police accustomed to using Pakistan’s blasphemy laws to unjustly jail Christians have found a new means of antagonism.

“Now they have grabbed a new weapon in Section 3/4 of the penal code to financially, socially and legally terrorize the weak Christians of Pakistan,” Essa said.

Armed Attack on Chapel

In another Easter week incident, in Rawalpindi law enforcement agents secured the liberty of Christians held hostage by several armed Muslim militants, including at least five burqa-clad women, who attacked a church building after a Good Friday (April 2) service.

APMA’s Gill said the assailants armed with automatic rifles and pistols desecrated Gordon College Chapel of Robinson Community Development Ministries (RCDM) Church and ripped apart books, including the Bible. The assailants also entered nearby residences and reprimanded adults and children for their faith in Christ, besides looting many of the homes, Gill said.

Eyewitnesses said that while two Christians, Shaban Gill and Imran Nazir, were scaling the wall of their property to enter their home, the Muslim militants opened fire on them. Gill managed to escape but Nazir was hit, and the militants held his wife and two daughters, one 4 years old and the other 18 months, at gunpoint.

A heavy contingent of police from City Police Station Raja Bazaar arrived at the scene, and with the help of local Christians broke down doors and gates to make their way into the property and its adjoining residential area. Police secured the liberty of all three Christian hostages and arrested at least 10 suspects. 

Nine of the suspects have been identified as Mushtaq Ahmed, Amjad Zaman Cheema, Dildar Hussein, Muhammad Anwer and Saqib Ali, along with the burqa-clad Nusrat Bibi, Shahnaz Bibi, Irum Bibi and Fatima Bibi.

Police were initially reluctant to file charges against the arrested Muslims but eventually did so under the pressure from Christian rights activists Robinson Asghar, head of RCDM. 

No group has claimed responsibility for the attack.

Report from Compass Direct News 

Chinese Pastor Sentenced to 15 Years in Prison


Harsh punishment for house church leader based on apparently far-fetched charge.

LOS ANGELES, December 8 (CDN) — Chinese authorities have quietly sentenced Uyghur Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) to 15 years in prison on the apparently contrived charge of “providing state secrets to overseas organizations,” according to China Aid Association (CAA).

The charge against the 36-year-old house church leader, held for more than two years at Kashgar Detention Center in China’s troubled Xinjiang region, was apparently based on interviews he granted to media outside of China, according to his lawyer, Li Dunyong.

“The 15-year sentence is far more severe than I originally expected,” Li said in a CAA press statement released yesterday. “It is the maximum penalty for this charge of ‘divulging state secrets,’ which requires Alimujiang’s actions to be defined as having ‘caused irreparable national grave damage.’”

CAA President Bob Fu said Alimjan’s sentence was the most severe for a house church leader in nearly a decade.

“The whole world should be appalled at this injustice against innocent Christian leader Alimujiang,” Fu said in the CAA statement. “We call upon the U.N. and people of conscience throughout the world to strongly protest to the Chinese government for this severe case of religious persecution.”

CAA reported that officials had read the verdict to Alimjan while he was incarcerated on Oct. 27. Li confirmed to CAA that he had filed an appeal.

Initially the Bureau of State Security of Kashgar detained Alimjan on “suspicions of harming national security” on Jan. 11, 2008, according to CAA. As such charges are generally leveled against those considered to be an enemy of the state, Alimjan’s family feared he would be subjected to capital punishment. Local sources have said that Alimjan, a convert from Islam in an area teeming with separatist tensions, loves and supports the Chinese government.

“As a loyal Chinese citizen and business entrepreneur, Alimujiang has held to high standards, paying his taxes faithfully and avoiding a common local custom of paying bribes for business favors,” Fu said in a previous CAA statement. “He has also done his best to assimilate into Chinese culture, making the unusual decision to send his children to a Chinese language school in a predominantly Uyghur area.”

Friends of Alimjan have said he simply wanted the freedom to quietly express his faith, a right guaranteed to him in the Chinese constitution, according to CAA. Not only is it illegal for him to own a Uyghur Bible, according to the advocacy organization, but he is also prohibited from attending services at the government-controlled Three Self Church in the area because the Xinjiang constitution contradicts China’s constitution. He is also prohibited from praying with foreign Christians.

On Feb. 20, 2008 the initial charges against him were changed to “inciting secession” and leaking state secrets. Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence.

This year he was secretly tried again on July 28, only on the second charge. Previously, attorney Li had petitioned for and been granted permission to meet with his client on April 21. Witnesses had seen police and a prison doctor escorting Alimjan to hospital on March 30, and Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why.

When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

The United Nations Working Group on Arbitrary Detention ruled his arrest and detention to be arbitrary and in violation of international law.

“The whole case is about religious faith issues, which are being used against Alimujiang for his conversion from Islam to Christianity by biased law enforcement agents, prosecutors and the court,” said attorney Li. “The key for this case was the flawed ‘Certificate for the Evidence.’ In both form and content, the certificate was questionable. It even had no signature by the verifier at the bureau, which violates Chinese law.”

Sources said there appears to be a concerted effort to shut down the leadership of the Uyghur church in a restive region where authorities fear anything they cannot control. The region of ethnic Uyghurs has come under a government crackdown the past two years as long-simmering tensions erupted.

Disputes over ownership of Xinjiang’s land and rich mineral resources have led to resentment between Uyghurs – native to Xinjiang – and Han Chinese. Religious differences are also an issue, with a vast majority of Uyghurs practicing Islam, while most Chinese are officially atheists or follow Buddhism or syncretistic folk religions. Only a handful of China’s estimated 10 million Uyghurs are known to be Christians.

Report from Compass Direct News 

Court Impedes Effort to Rescue Kidnapped Girl in Bangladesh


Muslim men abduct Christian eighth-grader, force her to convert and marry.

DHAKA, Bangladesh, November 3 (CDN) — A bail order in Bangladesh has impeded police from rescuing a young Christian girl who was abducted and forced to convert to Islam and marry one of her kidnappers, according to police.

Four Muslim men abducted eighth-grade student Silvia Merry Sarker on July 30 as she made her way home from school in west Sujankathi village, under Agoiljhara police jurisdiction, in Barisal district in southern Bangladesh, according to her father, Julian Sarker.

Sarker filed a case under the Women and Children Repression Act against Al-Amin Faria, 24, Shamim Faria, 22, Sahadat Faria, 20, and Sattar Faria, 50.

“My daughter was abducted by Faria with the help of his cousins and other relatives,” said Sarker.

Sarker filed a First Information Report (FIR) charging that the men abducted his daughter initially to “indulge Al-Amin Faria’s evil desire.” Later she was forced to convert to Islam and marry Al-Amin Faria, which Sarker said was part of an attempt to take over his land and property.

Local police inspector Ashok Kumar Nandi told Compass that police were continuing efforts to arrest the kidnappers but had yet to find them, as the unusually early bail order had blocked their efforts.

“There are four names as prime suspects in the case,” Nandi said. “We arrested three of them, but the court released them on bail. If the court had given them to us on remand, we might have found the girl, or at least we would get much information to rescue the girl.”

Generally suspects in cases under the Women and Children Repression Act are not granted bail so early for the sake of investigations, Nandi said.

“We do not know why they were released on bail,” he said. “Those released persons are moving freely in the village. We cannot arrest them again without an order.”

Attorney Rabindra Ghosh, president of Bangladesh Minority Watch and an activist for Dutch human rights organization Global Human Rights Defense, told Compass that the granting of bail to the suspects also poses threats to the victim’s family.

“They are threatening the victim’s family to withdraw the case,” said Ghosh. “Release of the abductors on bail so early is a travesty – the abductors got impunity due to the early bail order. For the sake of the girl’s rescue, the court could have sent the arrestees to police on remand to find more information about their hideout.”

Gnosh concurred that an accused person under the Women and Children Repression Act case does not get bail so early without first getting necessary information from them.

False Document

A few days after the kidnapping, Sarker said, the abductors provided Nimchandra Bepari, a Hindu neighbor, an affidavit claiming that Sarker’s daughter was 19 years old. Bepari gave the affidavit to the local police inspector. The kidnappers also contacted sub-district chairman Mortuza Khan.

“My daughter is 13 years old, but the abductors made an affidavit of her age showing 19 years old,” Sarker said.

The headmaster of Agoiljhara Shrimoti Matrimangal Girls High School, where the girl is a student, issued a certificate denoting that Silvia Merry Sarker is even younger than 13 – born on Dec. 24, 1997, which would mean she is not yet 12 years old.

The fabricated affidavit provided by the kidnappers states that she accepted Islam and has married, said Sarker.

“I am shocked how a minor girl is shown as an adult in the affidavit,” Ghosh said. “It is illegal, and there should be proper action against this kind of illegal activity.”

Al-Amin Faria had tried to get the girl’s two older sisters to marry him, but their early marriages saved them from falling prey to him, Sarker said.

“I married off my two elder daughters at an early age immediately after finishing their schooling,” said Sarker.

Before they married, Sarker said he felt helpless to keep Faria and his family from accosting and harassing his other daughters.

“I could not take any legal action against them since we are the only Christian family here,” he said. “I tolerated everything. I did not inform it to police or they would get infuriated.”

When Faria “targeted” his second daughter for marriage, Sarker informed the headmaster of the school and its managing committee, and they warned the Muslim not to disturb the family, Sarker said. Nevertheless, he said, he felt he couldn’t send his older daughters to school because he feared Faria would harm them.

“The relation of us with those Muslim neighbors is ‘predator-and-prey,’” he said. “I saved my other family members from his lechery, but I could not save my youngest daughter.”

Sarker said he felt alone and helpless as a Christian minority but that he doesn’t understand how the entire justice system also can be so helpless.

“Why and how can the court, law enforcement agencies, police, administration, society and the country be helpless against him? Why can’t they rescue my daughter?” he said.

Dilip Gabriel Bepari, an activist for Bangladesh Minority Watch, told Compass that the group had informed national and international officials in seeking help to find the girl.

“We informed it to various ministers, political leaders and police high officials,” Bepari said. “We also informed it to the Vatican ambassador in Bangladesh. Unfortunately, the girl is still missing.”

Archbishop Paulinus Costa of Bangladesh said the Catholic Church’s impassioned plea to the government is to rescue her as soon as possible and bring the kidnappers to justice.

“It is unfortunate that the girl is not rescued yet in three months,” Costa said. “There must be negligence and indifference to the Christians from the government, otherwise the girl would be rescued.”

The U.S. Commission on International Religious Freedom (USCIRF) this year removed Bangladesh from its “Watch List” of countries requiring close monitoring of religious freedom violations, but it urged the new Awami League administration to strengthen protections for all Bangladeshis.

USCIRF also indicates that it hopes the government of Bangladesh will investigate and prosecute perpetrators of violent acts against members of minority religious communities.

Report from Compass Direct News