Regulator failing to resolve complaints on alleged human rights abuses by Australian companies


Shelley Marshall, RMIT University

The Australian National Contact Point (ANCP) was set up as part of Australia’s membership of the OECD to hear complaints on the way Australian corporations operate overseas, but research shows it’s poorly resourced and rejects most claims at the initial assessment stage, raising concerns about its effectiveness.

There are National Contact Points already operating in OECD countries, that are achieving more with their mandate to promote Australian businesses respecting human rights while operating or based in other countries.

Australia does not have a legal framework that specifically regulates the human rights obligations of Australian corporations overseas. The Australian government is missing a vital opportunity to promote sound and ethical business practice and mediate disputes before they blow up, by inadequately resourcing this important human rights body.

Why is the ANCP needed?

Australian companies now operate all around the world in mining, manufacturing, finance and other industries. Sometimes this is through wholly owned subsidiaries, sometimes they invest in joint ventures or part shares, and at other times Australian businesses procure parts through supply chains.

When their activities negatively impact communities overseas, those affected should be able to go to the ANCP to hear their complaints. Though, in principle, communities can take their claims to local police and courts, in many countries corruption, bias and long waits often make remedy through legal avenues impossible.

Company structures also sometimes render it difficult to hold the parent company or a lead company in a supply chain responsible, even though that business may be calling the shots.

As the Australian government adheres to the OECD’s guidelines for multinational enterprises, it’s required to have a National Contact Point to assist corporations in observing these guidelines. Part of this includes providing a platform for mediation and conciliation.

Though its findings may not be legally enforceable, the ANCP is particularly important because it’s the only avenue for redress for many communities and individuals affected by Australian business, outside our national borders.

Properly resourcing the National Contact Point would allow the government to better fulfil its obligations under the United Nations Guiding Principles on Business and Human Rights (UNGPs).

Findings by other National Contact Points, when it comes to breaches of the OECD Guidelines for Multinational Enterprises, have been highly influential in other countries. For example, the UK NCP determined that mining company Vedanta Resources had breached human rights guidelines regarding its planned mine in India.

It found the mine would displace thousands of tribal people. This finding resulted in high profile divestments from the company by a number of shareholders and the adoption of a new corporate social responsibility approach by the company. Interviews with shareholders that divested revealed that although the determination was not legal in nature, it was seen to have heightened authority because it came from the UK government.

How the ANCP is failing

The research on Australia’s NCP is part of a larger project that conducted 587 interviews with 1,100 individuals mainly in Australia, the UK, India and Indonesia. It assessed the performance of the ANCP based on an analysis of every claim that has been lodged with the body.

It found that the ANCP has all but abdicated its workload; it rejected or transferred (to another NCP) two thirds of all complaints made. With only one exception, the remainder of accepted complaints were closed without resolution, as the ANCP was unable to bring the parties to mediation and unwilling to issue a determination against the company the subject of complaint.

In the more than ten years since its establishment, the ANCP is yet to make a single determination against a company the subject of complaint.

In my meetings with Treasury, the department confirmed that until recently, one public servant was tasked with running the ANCP, who already had a full-time load of other work. Treasury also disclosed this single staff member, with no expertise in the area, was expected to deal with complex human rights complaints involving some of Australia’s biggest companies, around their primary role, with no dedicated budget.

To provide a point of comparison, the Dutch NCPhas two full-time staff, as well as other staff who have responsibilities to the NCP as part of their other duties, and receives an additional €900,000 over three years to promote corporate ethics. It is advised by four independent members and four advisory members from the government departments most relevant to business and human rights. Australia’s NCP receives no such independent advice.

The cases brought to the ANCP include a complaint regarding ANZ’s alleged financing of logging in Papua New Guinea and alleged forced evictions at a coal mine in Colombia jointly owned by BHP Billiton.

What needs to change

There are several ways the ANCP can improve its functioning and provide access to remedy. Top amongst these are: improving the independence of the ANCP and properly resourcing it, improving the process for handling complaints and increasing transparency.

If there was ever a time that the much neglected ANCP has a chance of being reformed, it is now. Australia is making a bid for a seat on the United Nations Human Rights Council this year.

The ConversationModern slavery – especially the extent to which it taints the supply chains of Australian businesses and businesses operating in Australia – is the subject of a parliamentary inquiry and national attention. Hopefully this important human rights mechanism gets the attention it deserves.

Shelley Marshall, Vice Chancellor’s Senior Research Fellow, expert in corporate accountability, RMIT University

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

Latest Persecution News – 27 June 2012


Appeals Judge in Azerbaijan to Decide Fate of Church

The following article reports on the latest news of persecution in Azerbaijan where a church has been liquidated for failing to register and made the church illegal.

http://www.compassdirect.org/english/country/easterneuropeandeurasia/article_1610756.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Latest Persecution News – 10 March 2012


Churches Forced to Stop Farsi Worship in Tehran, Iran

The following article reports on how Iranian authorities have closed down the last two Farsi-language church services in Tehran.

http://www.compassdirect.org/english/country/iran/article_1406358.html

 

Two Churches Targeted in Bomb Attack in Nigeria

The following article reports on how the Islamic extremist group Boko Haram set off a car bomb outside of a church in Nigeria.

http://www.compassdirect.org/english/country/nigeria/article_1412585.html

 

Indonesian President Sidesteps Church Controversy

The following article reports on how the Indonesian government is failing to enforce a Supreme Court ruling that allows a church to worship inside its own building.

http://www.compassdirect.org/english/country/indonesia/article_1415570.html

 

Rumors on Imminent Execution of Iranian Pastor Unconfirmed

The following article reports on unconfirmed reports that Iran is set to execute Iranian pastor Yousef Nadarkhani.

http://www.compassdirect.org/english/country/iran/article_1416779.html

 

Suicide Bombers Attack Worship Service in Jos, Nigeria

The following article reports on the car bombing of a Church of Christ in Nigeria (COCIN) worship service in Jos, Nigeria, by Boko Haram Islamic extremists.

http://www.compassdirect.org/english/country/nigeria/article_1418143.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Pakistani Christian Falsely Accused of ‘Blasphemy’ Illegally Detained


Policeman says Arif Masih, held at an undisclosed location, is innocent.

LAHORE, Pakistan, April 15 (CDN) — Police in Punjab Province, Pakistan have illegally detained a Christian on a “blasphemy” accusation, even though one officer said he was certain an area Muslim falsely accused 40-year-old Arif Masih because of a property dispute.

On April 5 Shahid Yousuf Bajwa, Masih’s next-door neighbor, initially filed a First Information Report (FIR) against “an unidentified person” for desecrating the Quran after finding threatening letters and pages with quranic verses on the street outside his home in Village 129 RB-Tibbi, Chak Jhumra, Faisalabad district. Desecrating the Quran under Section 295-B of Pakistan’s blasphemy statutes is punishable by up to 25 years in prison.

“Some identified person has desecrated the Holy Quran and has tried to incite sentiments of the Muslims,” Bajwa wrote in the FIR. Clearly stating that he did not know who had done it, he wrote, “It is my humble submission to the higher authorities that those found guilty must be given exemplary punishment.”

Bajwa charges in the FIR that when he went outside his home at 9 p.m. and found the pages, he looked at them by the light of his cell phone and thought they were pages of the Quran. Masih’s uncle, Amjad Chaudhry, told Compass the pages look like those of a school textbook containing quranic verses.

Chaudhry said Bajwa and his two brothers are policemen. After Bajwa found the pages and the threatening letters, Chaudhry said, he arranged for an announcement to be made from the loudspeaker of the area mosque.

“The message urged all the Muslims of the village to gather there due to the urgency and sensitivity of the matter,” Chaudhry said.

He said initially local Muslims were very angry and suggested that Christian homes be set ablaze, but that others said the Christians should be first given a chance to explain whether they were responsible.

“Then some Muslims began saying that because Arif Masih lived on this street, he would be the person who could have done this crime,” he said. “However, most of the people who gathered there said that they knew Arif Masih well and they could not imagine he could do such a vile thing. But others insisted that because Masih was the only Christian who lived on the street, only he could be suspected of the crime.”

At about 10 p.m. on April 5, Chaudhry said, Bajwa’s brother Abdullah Bajwa called Masih to the Siyanwala police station, where he was arrested; Masih’s family members were unaware that he had been arrested.

According to Section 61 of Pakistan’s Criminal Procedure Code, an arrested person must be produced within 24 hours before a court; Masih has been detained at an undisclosed location without a court appearance since April 5, with police failing to register his arrest in any legal document, making his detention illegal. Investigating Officer Qaisar Younus denied that Masih was in police custody, but Superintendent of the Police Abdul Qadir told Compass that Masih had been detained for his own safety.

Younus told Compass that he was sure Masih was innocent, but that he had been falsely accused because of a land dispute.

 

Property Conflict

According to Chaudhry, about two years ago Masih bought a plot next to his house that another villager, Liaquat Ali Bajwa (no relation to Shahid Yousuf Bajwa) wanted to buy – and who despised Masih for it, telling the previous owner, “How come a Christian can buy the plot that I wanted to buy?”

The parcel owner had given Masih preference as he knew him well, and he understood that the homeowner adjacent to the property had the first rights to it anyway.

At the same time, Ali Bajwa was able to seize about five square feet of the house of a Christian named Ghulam Masih after the wall of his home was destroyed in last year’s flooding. Feeling he was not in position to challenge Ali Bajwa, Ghulam Masih sold the land to Arif Masih so that he could take charge, Chaudhry said.

Arif Masih subsequently filed a civil suit against Ali Bajwa to evict him from his property. Chaudhry said Arif Masih was about to win that case, and that Ali Bajwa thought he could retain that property and obtain the one Arif Masih had purchased by accusing him of blasphemy with the help of police officer Shahid Yousuf Bajwa.

Ali Bajwa had been threatening Masih, saying, “You will not only give me this plot, but I will even take your house,” Chaudhry said.

Chaudhry said he had learned that Shahid Yousuf Bajwa felt badly after villagers criticized him for falsely accusing an innocent man of blasphemy, but that Bajwa feared that if he withdrew the case he himself would be open to blasphemy charges.

 

Neighbors

Arif Masih’s family has remained steadfast throughout the case, refusing to flee the area in spite of the possibility of Muslim villagers being incited to attack them, Chaudhry said.

“It all became possible because of Muslim villagers who sided with us,” he said.

Chaudhry said that when police arrived at the scene of the Muslims who had gathered with the pages and the threatening letters, the villagers told officers that they had not seen who threw them on the street. He said that the letters included the threat, “You Muslims have failed in doing any harm to us, and now I order you all to convert to Christianity or else I will shoot you all.”

The letters did not bear the name of the person who wrote them, he added.

On Monday (April 11), Chaudhry managed to meet with Masih, though Masih’s wife has yet to see him. Chaudhry told Compass that the first thing Masih asked him was whether everyone was safe, as there are only three Christian families in the area of about 150 Muslim homes.

“If the mob had decided to harm our houses, then it would have been very devastating,” Chaudhry said.

After Masih was arrested, at midnight police came to his house and began beating on the main gate, Chaudhry said. When Masih’s wife, Razia Bibi opened the door, the officers rushed into the house and searched it.

“They were looking for some proof, but thank God they could not find anything that could even be remotely linked with the incident,” he said.

Chaudhry added that police have not mistreated Masih, but he said the matter has lingered so long that he feared police may involve him in the case, or that “things may go wrong like in most blasphemy cases.”

Report from Compass Direct News
http://www.compassdirect.org

Lao Christians Expelled from Village Suffer Critical Illnesses


One dead, two hospitalized; village chief threatens other residents.

DUBLIN, May 14 (CDN) — In spite of assurances of religious rights by officials in March, Lao Christians expelled from a village in Saravan Province in January are suffering from a prolonged lack of adequate food and clean water.

The lack of basic resources has led to diarrhea, dehydration, eye and skin infections, fainting and general weakness for the Christians expelled from Katin village, and one person has died, Human Rights Watch for Lao Religious Freedom (HRWLRF) reported.

A Christian who went by the single name of Ampheng died suddenly in April while praying for one of two other Christians who were hospitalized with illnesses caused by their living conditions, an HRWLRF spokesman told Compass. The exact cause and date of Ampheng’s death were not immediately known.

Expelled from their village at gunpoint on Jan. 18 for failing to renounce their faith, the 48 Christians were forced to build temporary shelters at the edge of the jungle, about six kilometers (nearly four miles) away from the village.

They have since survived on food found in the jungle and water from a hand-dug well that is unfit for cooking or drinking, sources told HRWLRF.

District officials in early May gave the Christians permission to return to Katin village and take rice from their family rice barns to prevent starvation, said another source on condition of anonymity.

In addition, some of the Christians have returned to tend their family rice fields, fearing that if the fields are completely abandoned they may lose the right to cultivate them next year. Water buffaloes essential for farm work, however, were confiscated in January along with the Christians’ homes and registration papers, according to HRWLRF.

When the Christians interred Ampheng at the local burial ground, district officials fined them for failing to produce the required proof of house registration, according to HRWLRF.

Katin’s village chief recently warned other residents that their personal possessions would be confiscated if they had any contact with the expelled Christians. If any family continued to maintain contact despite repeated warnings, their own homes would be torn down, the chief reportedly said.

Official reactions to the plight of the Christians have been mixed. In March, a delegation of provincial and district officials led by Gov. Khamboon Duangpanya visited the Christians at their jungle site and assured them of their legal right to embrace the faith of their choice and to live anywhere in the district.

Just days earlier, however, the district head, identified only as Bounma, summoned seven of the Christians to his office and said that he would not tolerate the existence of Christianity in areas under his control. (See “Lao Officials Visit Expelled Christians, Give Assurances,” March 19.)

High level officials failed to intervene last July when villagers seized a Christian identified only as Pew and poured rice wine down his throat, killing him by asphyxiation. Village officials later fined Pew’s family for erecting a cross on his grave, and then detained 80 Christians in a school compound, denying them food and pressuring them to renounce their faith.

The heads of 13 families then signed documents renouncing Christianity in order to protect their children, but most resumed attendance at worship meetings within a few months.

Provincial officials did call a meeting in September 2008 asking Katin authorities to respect Lao religious laws and allow the Christians freedom to worship, but their request was ignored.

A communist country, Laos is 1.5 percent Christian and 67 percent Buddhist, with the remainder unspecified. Article 6 and Article 30 of the Lao Constitution guarantees the right of Christians and other religious minorities to practice the religion of their choice without discrimination or penalty.

Report from Compass Direct News 

Buddhist Extremists in Bangladesh Beat, Take Christians Captive


Pastor, two others held in pagoda in attempt to force them back to Buddhism.

DHAKA, Bangladesh, April 23 (CDN) — Buddhist members of an armed rebel group and their sympathizers are holding three tribal Christians captive in a pagoda in southeastern Bangladesh after severely beating them in an attempt to force them to return to Buddhism, Christian sources said.

Held captive since April 16 are Pastor Shushil Jibon Talukder, 55; Bimol Kanti Chakma, 50; and Laksmi Bilas Chakma, 40, of Maddha Lemuchari Baptist Church in Lemuchari village, in Mohalchari sub-district of the mountainous Khagrachari district, some 300 kilometers (186 miles) southeast of Dhaka. They are to be kept in the pagoda for 15 to 20 days as punishment for having left the Buddhist religion, the sources said.

Local Buddhists are considered powerful as they have ties with the United Peoples Democratic Front (UPDF), an armed group in the hill districts.

After taking the Christians captive on April 16, the sources said, the next day the armed Buddhist extremists forced other Christians of Maddha Lemuchari Baptist Church to demolish their church building by their own hands. The extremists first seized all blankets, Bibles and song books from the church building.

The sources said two UPDF members went to Pastor Talukder’s house at 7 a.m. on April 16, telling him to go to a Buddhist community leader’s house in a nearby village. The Buddhist leader also ordered all members of the Baptist church to come to his house, and about 15 Christians did so.

After a brief dispute, the Buddhists chose the pastor and the two other Christians and began beating them, seriously injuring the pastor. They then took them to a nearby pagoda for Buddhist baptism, shaving their heads and dressing them in saffron robes as part of a conversion ritual.

The sources said Pastor Talukder was bludgeoned nearly to death.

“The pastor was beaten so seriously that he could not walk to the nearby pagoda,” said one source. “Buddhist people took him on a wooden stretcher, which is used for carrying a dead body for burial or cremation.” 

Pastor Talukder was treated in the pagoda with intravenous, hypodermic injections that saved his life, the source said.

The Buddhist extremists were said to be forcing other Christians to undergo Buddhist baptism in the pagoda and to embrace Buddhism.

A source in Khagrachari district told Compass that local UPDF Buddhists had been mounting pressure on the Christians since their church began in the area in early 2007.

“They gave vent to their anger on Christians in a violent outburst by beating the pastor and two others after failing several attempts in the past to stop their evangelical activities,” the source said. “They took them into a pagoda to convert them forcibly to Buddhism.”

In June the Buddhists had threatened to harm Pastor Talukder if he did not give up his Christian faith. The pastor escaped and hid in different churches for two months. Later he came back in the area and began his pastoral and evangelical activities anew.

“They also made threats and gave ultimatums to three or four other churches in the locality to try to force them to come back to Buddhism,” the source said.

‘Social Deviation’

Regional Sub-district Chairman Sona Ratan Chakma told Compass that the “three renegade Buddhists” are being kept in the pagoda for religious indoctrination.

“They became Christian, and they were breaking the rules and customs of the Buddhist society, so elders of the society were angry with them,” Chakma said. “That is why they were sent to a pagoda for 15 to 20 days for their spiritual enlightenment, so that they can come back to their previous place [Buddhism].”

Chakma said the Christians have not been tortured but given punishment proportionate to the gravity of their “social deviation.”

“They were punished so that they can come to their senses,” he said.

Under Siege

The Rev. Leor P. Sarkar, general secretary of Bangladesh Baptist Church Fellowship, told Compass that the UPDF’s ultimatum was of grave concern.

“This armed group issued an ultimatum that by April 30 all Christians should come back to Buddhism, otherwise all of them will face the same consequences,” said Sarkar.

Christians are virtually in a state of siege by the UPDF, he said. None of them go to church buildings on the traditional worship days of Friday or Sunday, instead worshipping in their own houses.

Sarkar added that the tribal Christians do not have any political conflict with the UPDF.

“They simply persecute them for their faith in Christ,” he said. “Their only demand to us is to go back to Buddhism.”

The UPDF’s order to give up their faith is a matter of life and death, Sarkar said.

“A ripple of unknown fear gripped the entire Christian community there,” he said. “Everybody took fright from that menacing cruelty. The everyday life of Christians is hampered, beset with threats, hatred and ostracism. So it is a social catastrophe.”

The church leader urgently appealed to local government officials to come to the aid of the kidnapped Christians.

The UPDF is one of two main tribal organizations in the hill districts, the other being the United People’s Party of the Chittagong Hill Tracts (Parbatya Chattagram Jana Sanghati Samiti, or PCJSS). The PCJSS, formed in 1973, had fought for autonomy in the region for 25 years, leaving nearly 8,500 troops, rebels and civilians killed. After signing a peace accord in 1997 with the Bangladesh government, the PCJSS laid down arms.

But the UPDF, a political party founded in 1998 based in the Chittagong Hill Tracts, has strong and serious reservations against the Chittagong Hill Tracts Accord signed 1997. Claiming that the agreement failed to address fundamental demands of the indigenous Jumma people, the UPDF has pledged to fight for their full autonomy.

Last year the PCJSS demanded that the government ban the UPDF for their terrorist activities in the hill districts.

The Chittagong Hill Tracts region comprises three districts: Bandarban, Khagrachuri and Rangamati. The region is surrounded by the Indian states of Tripura on the north and Mizoram on the east, Myanmar on the south and east.

Report from Compass Direct News 

Lao Officials Visit Expelled Christians, Give Assurances


Officials led by provincial governor explain law providing for right to believe.

DUBLIN, March 19 (CDN) — Officials in Laos’ Saravan Province yesterday visited 48 Christians expelled from Katin village and assured them that they had the legal right to embrace the faith of their choice, according to advocacy group Human Rights Watch for Lao Religious Freedom (HRWLRF).

During a 30-minute visit the delegation, led by provincial Gov. Khamboon Duangpanya, read out June 2002’s Decree 92 on the Management and Protections of Religious Activity in Laos and explained its religious freedom provisions to the group, assuring them that they could freely believe in Christianity “if their faith was genuine.”

HRWLRF reported that the officials also said the Christians had the right to live anywhere in the district. Ta-Oyl district officials had expelled the Christians from Katin village at gunpoint on Jan. 18 when they refused to give up their faith. Having lost access to their homes, fields and livestock, the Christians then built temporary shelters at the edge of the jungle, about six kilometers (nearly four miles) away from the village.

The district head, identified only as Bounma, on Monday (March 15) summoned seven of the believers to his office and declared that he would not tolerate the existence of Christianity in areas under his control. The group must either recant their faith or move elsewhere, he’d said.

Shortly afterwards an anonymous source told the Christians that the chiefs of Katin and neighboring Ta Loong village planned to burn down their temporary shelters within 48 hours. (See “Lao Officials Threaten to Burn Shelters of Expelled Christians,” March 16.)

Also present at yesterday’s meeting were three other provincial officials, the deputy-head of Ta-Oyl district, identified only as Khammun, and the head of religious affairs in Ta-Oyl, identified only as Bounthoun, HRWLRF reported. During the brief meeting, the Christians asked Gov. Duangpanya if they had the right to live in Katin or other villages in the district.

He responded that as Lao citizens, the Christians could live wherever they chose. In regard to their current location, however, Khammun said he would have to “consult with the proper authorities” before granting the Christians permission to remain on land owned by neighboring Ta Loong village.

After delegating this responsibility to Khammun, Gov. Duangpanya assured the Christians that they could contact him if they needed further help, according to HRWLRF.

According to the Lao Law on Family Registration, when a citizen moves from one village to another for less than a year, he or she must request permission for “temporary changing of residence” from the original village. The paperwork is then turned over to authorities in the new village and reviewed after six months. After a year, citizens must repeat the process to apply for permanent residence in their new location.

Until now provincial officials have largely ignored the plight of Katin Christians, failing to intervene last July when villagers seized a Christian identified only as Pew and poured rice wine down his throat, killing him by asphyxiation. Village officials later fined Pew’s family for erecting a cross on his grave, and then detained 80 Christians in a school compound, denying them food and pressuring them to renounce their faith.

The heads of 13 families signed documents renouncing Christianity in order to protect their children; most of them, however, have since resumed attendance at worship meetings.

Provincial officials did call a meeting in September 2008 asking Katin authorities and residents to respect the religious laws of the nation, but four days later village officials seized and slaughtered a buffalo owned by a villager who refused to give up his faith.

A communist country, Laos is 1.5 percent Christian and 67 percent Buddhist, with the remainder unspecified. Article 6 and Article 30 of the Lao Constitution guarantee the right of Christians and other religious minorities to practice the religion of their choice without discrimination or penalty.

Report from Compass Direct News 

Christians Most Hit by Religious Freedom Violations


Mob succeeds in getting local official to shut down HKBP church in West Java.

JAKARTA, Indonesia, January 21 (CDN) — A moderate Muslim research institute focusing on interfaith issues in Indonesia reported 35 cases of government violations of religious freedom – including 28 against Christians – and 93 instances of community intolerance of churches in 2009.

The Wahid Institute issued a year-end report of violations that included the revocation of the building permit for the HKBP Cinere Church – later overturned in court – opposition to a Catholic Church in Purwakarta and an order forbidding worship by the Filadelfia Huria Kristen Batak Protestan Church (HKBP) in Bekasi, West Java.

The highest number of violations occurred in West Java, with 10 cases, including seven against Christians; next was East Java with eight, including four against Christians, followed by Jakarta Province with four (three against Christians). In Central Java, two of three religious violation cases were against Christians, and in West Nusa Tenggara, one of the three violations violated Christians’ rights.

Government infractions included closing churches and failing to intervene in mob actions. Police were cited in 18 cases, provincial governments in eight, village and sub-district governments in six cases each and courts in two incidents.

Just as government violations were highest in West Java, community intolerance there was also highest with 32 cases, of which 14 were against Christians. Next was Jakarta, where eight of 15 cases of community intolerance were against Christians, then East Java where six of 14 cases hurt Christians. In Central Java, Christians were the victims in five of the 13 cases of community intolerance.

In West Java, the root problem is the spread of hatred against religious groups, including Christians and Jews, according to the report.

While the reported violations of religious freedom were lower than in 2008, the issue of religious intolerance continued to grow during 2009, aided by legislative and presidential elections as religion is often used to gain votes in Indonesian elections, according to the study. The overall figure of 128 cases of violations of religious freedom by government or society in 2009 represents a drop from the 2008 figure of 234 cases, according to the Wahid Institute.

Yenny Zanuba Wahid, director of the institute, told Compass that the government has not considered freedom of religion an important issue that needed attention. As a result, the government has not addressed reports of intolerance even in the face of international pressure.

“The government has been timid to acknowledge violations of religious freedom, but these are real and are carried out directly by government bodies or indirectly as a result [of government] policies,” Wahid said.

Muslims make up 88.2 percent of Indonesia’s population of about 240 million people, with Protestant Christians making up 5.9 percent, Catholics 3.1 percent, Hindus 0.8 percent, Buddhists 0.2 percent, and other religions 0.2 percent.

Church Closure

In West Java, mob efforts to shut down the Filadelfia Huria Kristen Batak Protestan Church (HKBP) in Bekasi succeeded on Dec. 31 when the district officer issued a decree ordering a stop to all worship activities at the site of the church building under construction.

The decree ordered that the construction of the building stop, and that the structure not be used for worship until the building permit process was final. The district officer based his recommendation upon a 1990 rule regarding building permits in Bekasi.

Tigor Tambubolon, head of the church building committee, acknowledged that the building permit had not been formally granted even though the process had been under way since 2000.

“We already have the permission of the Jejalen citizens,” Tambubolon told Compass. “That’s why we were brave enough to hold Christmas Eve services.”

Last Christmas Eve hundreds of protestors demanding a halt to worship demonstrated against services at the site, where 279 Christians had gathered.

A New Year’s service scheduled to take place at the site moved to the office of the village head due to fears that protestors would become unruly. Police Chief Herry Wibowo said his officers guarded the church site at that time.

The Rev. Palti Panjaitan of Filadelfia HKBP told Compass that the church had been worshipping in the area since 2000 by meeting at various members’ homes. As the congregation grew, they rented a building combining a home and store in Vila Bekasi 2 Tambun.

“The local citizens demonstrated against our worship services,” said Panjaitan. “From there we moved to a member’s home in Jejalan village. We profited because the Jejalan citizens were very good.”

Eventually the church bought a piece of land there. A number of the community leaders and the village head gave their agreement to build the Filadelfia HKBP church there.

The Interfaith Harmony Forum of Bekasi district gave approval for the building with the stipulation that the church obey a joint ministerial decree revised in 2006 regarding construction of houses of worship. The building committee obtained signatures of 259 non-Christians endorsing the project, though the joint decree required only 60 signatures. Then the building committee wrote a formal request for a building permit.

Church elder Tambubolon, however, added that a sub-district officer collected signatures from citizens opposed to the construction of a house of worship in Jejalan. The total number of signatures is unknown, but the sub-district office sent a letter to the district officer rejecting the building permit.

Nevertheless, Tambubolon said, the church is not considering a lawsuit over the district officer’s decree.

“We are going to continue worshipping, because it is the right of every citizen,” he said. “If we are forbidden to worship even in the village office, we will continue to do so.”

Report from Compass Direct News 

Court Seeks Help to Link Murders in Turkey to ‘Deep State’


Reports mount linking top gendarmerie officials to Malatya slaughter.

MALATYA, Turkey, November 17 (CDN) — Judges and prosecutors in the trial regarding the murder of three Christians in this southeastern city in Turkey on Friday (Nov. 13) renewed their request for help from the Istanbul High Criminal Court as reports mounted linking the slayings to top gendarmerie officials.

The Malatya court judges overseeing hearings on the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske requested that the Istanbul criminal court establish whether the case was linked to the controversial cabal of military, political and other influential figures, Ergenekon, which has allegedly been trying to overthrow the government by upsetting Turkey’s peace.

For the last two and a half years prosecuting lawyers have established the case that Emre Gunaydin, Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who were caught at the murder scene on April 18, 2007, were not acting independently but were incited by Turkey’s “deep state,” an expression of which is Ergenekon. Seven months ago the Malatya court requested from prosecutors on the Ergenekon case at the Istanbul high court to examine whether the two cases were connected. They have not received a reply yet.

The court and various mainstream media have received informant letters with specific names linking the murders to top gendarmerie officials. Last month a Turkish newspaper received a list of payments the gendarmerie made to informants to physically follow and collect information on Christians in Malatya. Phone trees also show calls made from the murderers to two alleged “middle-men,” Huseyin Yelki and Bulent Varol Aral, gendarmerie officials and other nationalist figures in Malatya.

“We are expecting the Istanbul prosecutor to make a careful investigation and give us a response and attest to the connections the court has found,” said prosecuting attorney Erdal Dogan on Friday during a press briefing. “The actions of these men who are on trial were not independent, and from the beginning we believed they were organized by Ergenekon. Our theories have become more concrete, and we are expecting the Istanbul prosecutor to investigate these closely, establish the connections and give us a response.”

Lawyers said that informant letters, testimonies and other evidence have only confirmed their original suspicions. The most striking of these is that the local gendarmerie forces were following activities of Christians in Malatya in the months leading up to the murders and afterwards yet did not stop the young men from stabbing and slashing the three Christians to death.

“If you have been watching a small, tiny group so closely,” said lawyer Orhan Kemal Cengiz, “how could it be possible that you disregard this murder? This is a legitimate question which requires ordinary intelligence.” 

Last month the head of Istanbul police intelligence, Ramazan Akyurek, was demoted amid allegations that he had neglected to investigate three Christian murder cases between 2006 and 2007. When Turkish news reporters asked Dogan whether prosecutors would make a request to investigate whether Akyurek played a greater part in the murders, he said that it was not out of the question.

The five young suspects were apprehended after Zirve Publishing Co. workers went to the publishing house to find out why the three Christian men were not answering their phones. Finding the door of the office locked and getting no answer, they called police. In a report prepared by Akyurek’s department, his staff claimed that the murderers were apprehended thanks to phone tapping – which attorney Dogan said is a lie.

“According to a report, they said that they had been listening to the murderers’ phones and following them, and that that’s how they found and arrested them,” said Dogan. “You know this is a lie. The five men were arrested haphazardly. We know that. We also know that the gendarmerie was in fact listening to their conversations, but there’s something interesting here: On the one hand they are listening to the criminals’ phones, but on the other they couldn’t thwart the crime.”

Prosecuting lawyers said that this makes both Akyurek’s department and the gendarmerie guilty of being accomplices to the crime, and that they should be tried along with the five young men.

“They should stand trial for not thwarting a crime and failing to perform their duties,” said Dogan. “They [gendarmerie and the police intelligence security] should be tried under Article 8 of the penal code as accomplices because they are connected. This is not a question of removing someone from his position. They should stand trial with the men who are now on trial.”

The lawyers expressed frustration at being able to see the bigger picture yet not having enough evidence to proceed, as well as with having to wait on the Istanbul prosecutor for more evidence.

“It is crystal clear,” said attorney Cengiz. “There is a much bigger agenda and much more complex connections. We convinced everyone, but we cannot do this beyond reasonable doubt; we can’t prove it. We are blocked, actually.”

Cengiz explained that as lawyers for the victims’ families, they are not in a position to collect evidence.

“We are heavily dependent on what the prosecutor is doing, and unfortunately they are not able to do much,” he said.

Cengiz said that although the case was complicated and the Malatya judges resisted their arguments at the outset of the hearings, now they agree with the prosecuting lawyers that there is a broader network behind the murders.

“Now they are very clear – they know what happened and what kind of connections there are, etcetera, but they are fighting against a dragon,” said Cengiz. “So they desperately sent this request to the prosecutor in Istanbul, hoping that it will be the Istanbul prosecutor who will create these links rather than them. It should be vice versa because they have all these details, but they are not ready for this confrontation.”

Cengiz explained that while the Malatya court has a better understanding of the case than the Istanbul prosecutors, the advantage of the Istanbul High Criminal Court is that it has the backing of the Justice Ministry and is better positioned to take on the powers that may be behind this and other murders. 

“They can’t take the responsibility because this is just a tiny court in the remote part of Turkey, so how can they confront the reality?” he said.

The next hearing is set for Dec. 25, and prosecutors expect that by then the 13th Istanbul High Criminal Court will have sent an answer about connections of the murders to Ergenekon. They are also expecting the prosecuting judge to demand all five of the young men be charged with “three times life imprisonment,” plus additional years for organizing the crime.

“In our estimation, until now in a bizarre way the accused are acting like they have been given assurances that they will be forgiven and will get off the hook,” Dogan commented on the comfortable demeanor of the five men in court and their denial that others were behind the murders. “In the last months we see a continuation of the attempts to wreak havoc and chaos and overthrow the government. So we think whoever is giving confidence to these guys is affecting them. It is obvious to us that there is a group actively doing this. That means they are still trying to create chaos.”

Last week Ergenekon prosecutors found a hit-list consisting of 10 prominent representatives of minority groups as well as subscribers to Armenian weekly newspaper Agos, whose editor-in-chief was murdered three months before the Christians in Malatya. Cengiz explained that Ergenekon members are obsessed with purging Turkey of non-Muslim elements and non-Turkish minorities, which they see as a threat to the state.  

“They were trying to create chaos in Turkey, and of course they were trying to send a clear message to members of non-Muslim groups that they are not wanted in Turkey,” said Cengiz of the way the three Christians in Malatya were murdered. “They did it in a horrendous, barbaric way. This was also part of the message. Everything was planned but not by them, by other people. They are just puppets.”

Further Evidence of Cabal

This week Turkish news magazine Yeni Aktuel published a five-page article with pictures chronicling the “anti-terrorist” activities of a counter-guerilla team leader identified only by his initials, K.T.

In the article, K.T. described how for years he and his team pursued and killed members of the outlawed Kurdish Worker’s Party (PKK). Anti-guerilla activities in Turkey are paramilitary efforts managed by the “deep state.”

In K.T.’s account, he claimed that during his time in Malatya he met with members of an ultra-nationalist group who talked about murdering Hrant Dink, editor of Agos. Also during that time, members of the group spoke about how those who distributed Bibles in Malatya had to be “punished.”

One of the members of this group was a high school teacher called “O.” The teacher said that he arranged to be out of town before the Malatya murders, because police were following him and he wanted to make sure that they could not connect him to the Malatya murders.

Report from Compass Direct News 

Hostilities Flare in BJP-Run Madhya Pradesh, India


Anti-Christian violence, efforts to tarnish church increase in past five years.

NEW DELHI, October 14 (CDN) — Since the Hindu nationalist Bharatiya Janata Party (BJP) came to power in Madhya Pradesh in December 2003, Christians in the state have suffered increased attacks and concerted efforts to tarnish their image, church leaders said.

Before the BJP took office the state recorded two or three attacks against Christians per year, they said, whereas Jabalpur Archbishop Gerald Almeida said that in the past five years 65 baseless charges of forceful conversion – commonly accompanied by mob violence – have been registered in his diocese alone.

“There are some groups who are closely monitoring the Christian movement, and these people are bent on creating problems for the Christians for the past five years,” Almeida told Compass.

The state is not able to control these groups, he added. Indeed, police routinely working with Hindu extremist groups filed an average of more than three unsubstantiated complaints of “coerced” conversions each month in the past five years, according to the Catholic Bishops’ Conference of Madhya Pradesh (see sidebar below).

In the first eight months of this year, Madhya Pradesh saw the third highest number of attacks against Christians and Christian institutions in the country with 11, behind Karnataka with 43 and Andhra Pradesh with 14, according to Christian advocacy organizations.

The Rev. Anand Muttungal, spokesman for the Catholic Bishops’ Conference of Madhya Pradesh, said growing attacks on Christians were a symptom of fear among Hindu extremists that the Catholic Church’s influence is spreading.

“The Church as an organization is doing very well in many fields,” Muttungal said. “It causes those fundamentalists to worry. It could be one of the main reasons for the continuous attacks on Christians.”

Madhya Pradesh has a Christian population of 170,381, only 0.3 percent of the total in the state, according to the 2001 census. The state’s history of religious intolerance runs deep, with an “anti-conversion” law passed in 1968 that has serves as a pretext for harassing Christians.

Igniting anti-Christian violence shortly after the BJP came to power was an incident in Jhabua district, where the body of a 9-year-old girl called Sujata was found in one of the Christian schools on Jan. 11, 2004. Although a non-Christian confessed to the crime, Hindu extremists used the event to justify various attacks against the Christian community.

Abuses became so rampant in 2005 and 2006 that the National Commission for Minorities (NCM) sent a fact-finding team to Madhya Pradesh and Chhattisgarh in June 2006. Investigators found that Hindu extremists had frequently invoked the state’s anti-conversion law as a means to incite mobs against Christians and to get Christians arrested without evidence.

Jabalpur Archbishop Almeida cited cases chronicled by the NCM such as the arrest under the anti-conversion law of two local women who were merely distributing gospel tracts in March 2006. Almeida also cited the NCM report on the jailing of four pastors in January 2006 for alleged “forceful conversion” after Hindu extremists from the Bajrang Dal dragged them to a Hindu temple and forced them to deny Christ.

Catholic Church records show that in 2007, a 70-year-old woman identified only as Mrs. Godwin was arrested along with another woman on charges of forceful conversion; they too were only distributing religious literature, a right they had under the nation’s constitution.

Christian leaders said one aim of such abuses of the state’s anti-conversion law is to tarnish the image of Christians by showing them as lawbreakers. Hate propaganda and spurious allegations against Christians continue unabated in the state, church leaders said.

The customary practice in India and especially in Madhya Pradesh, they said, is for Hindu extremists to raise false allegations on the slimmest of pretexts and get police to make hurried arrests.

Political Machinery

After the NCM report in 2006 first documented the violence, the Madhya Pradesh political machinery’s influence became evident when State Minorities Commission Chairman Anwar Mohammed Khan asserted that reports of Hindu extremists attacking Christians in the state were “baseless.”

Khan told Frontline magazine that extremists had not targeted Christians. The magazine also quoted state Chief Minister Shivraj Singh Chauhan as saying the BJP government was greatly concerned about “unethical conversions” – presumably of Hindus to Christianity.

The magazine criticized the state Minorities Commission for speaking “the same language as the Bajrang Dal and the state chief minister,” thereby failing its mandate to defend minorities.

This year the commission tried to increase state control over church activities, unofficially recommending that the government enact a law to set up a board to manage church properties such as schools, colleges, hospitals and charities. The Christian community strongly protested, and the state withdrew the proposal.

Leo Cornelio, archbishop of Bhopal, said the Minorities Commission recommendation “shows beyond doubt that it is disloyal to minorities” and “loyal to the government,” according to the Indian Catholic.

The battle over state control of church properties is not over. Muttungal told Compass that the Minorities Commission has started to collect details of church properties through the Education Department. It is certain, he said, that this will lead to a legal battle involving the Education Department, Minorities Commission and the Catholic Church.

SIDEBAR

Police Collusion Seen in ‘Forced Conversion’ Complaints

NEW DELHI, October 14 (Compass Direct News) – Hindu extremist groups in collusion with the state police filed an average of more than three baseless complaints of “coerced” conversions per month in the past five years – shortly after the Bharatiya Janata Party (BJP) came to power – according to the Catholic Bishops’ Conference of Madhya Pradesh.

“I have gathered information from all the districts of the state, according to which the number of [forced or fraudulent] conversion complaints against Christians in the last five years is over 180,” the Rev. Anand Muttungal, spokesman for the state’s Catholic body, told Compass.

Muttungal said he asked the Madhya Pradesh State Crime Records Bureau, a body under the state interior ministry that monitors criminal complaints, about the number of forced conversion complaints in the last five years, and the state agency put the number wrongly at fewer than 35.

Muttungal also said most of the complaints were filed by third parties – not the supposed “victims” – who were unable to produce any unlawfully converted people to support their allegations. He added that the complainants were mainly members of the Hindu extremist Bajrang Dal, youth wing of the Vishwa Hindu Parishad (World Hindu Council or VHP).

“In Jabalpur, the complaints were lodged mainly by the Hindu Dharam Sena [Hindu Religion Army],” he said.

Most recently, the leader of the Hindu Dharam Sena on Sept. 27 got police to interrogate, without cause, a Catholic group traveling through Jabalpur. The Rev. Anto Mundamany of the Carmelite of Mary Immaculate order said the inspector-in-charge of the Civil Lines police station and four other policemen came to the Carmel Niketan center, where the group had stopped for dinner. Police interrogated him and the 45 Catholic visitors about their religious identity, he said, to determine whether the visitors were Hindus whom the priests and nuns at the center might be forcibly trying to convert.

Journalists accompanied the police, and the following day local newspapers reported on the incident, portraying the Christians as inherently suspect.

“Although the police left after making sure that all the participants who had arrived for an inter-parish tour were Christians, the newspapers made no mention of that fact,” Mundamany said.

The local daily Dainik Bhaskar reported that Yogesh Agarwal, head of the Hindu Dharam Sena, had informed police about a supposed “conversion plot” by the Catholic order.

“There can be little doubt that the police are party to this disturbing trend,” Muttungal said.

The incidence of anti-Christian attacks is the highest in the state in Jabalpur – local Christians say the city witnessed at least three attacks every month until recently, mainly by Agarwal and his cohorts. Although numerous criminal complaints are pending against Agarwal, he remains at large.

A Christian requesting anonymity said police officers personally act on his complaints against Christian workers.

A June 2006 report by the National Commission for Minorities (NCM) found that Hindu nationalist groups in Madhya Pradesh had frequently invoked the state’s anti-conversion law as a pretext to incite mobs against Christians. The NCM report also pointed at police collusion in the attacks.

“The life of Christians has become miserable at the hands of miscreants in connivance with the police,” the NCM said in its report. “There are allegations that when atrocities were committed on Christians, the police remained mere spectators, and in certain cases they did not even register their complaints.”

The NCM is an independent body created by Parliament in 1993 to monitor and safeguard the rights of minorities.

Muttungal said the Catholic Bishops’ Conference would approach the state high court with the facts it has gathered to prove police involvement in complaints against Christians.

Most complaints against Christians are registered under Section 3 of the Madhya Pradesh “Freedom of Religion Act” of 1968, popularly known as an anti-conversion law. The section states, “No person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith to another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion.”

Offenses under the anti-conversion law are “cognizable,” meaning police are empowered to register a complaint, investigate and arrest for up to 24 hours, without a warrant, anyone accused of forced conversion.

Police also use Sections 153A and 295A of the Indian Penal Code (IPC) to arrest Christians. Section 153A refers to “promoting enmity between different groups on grounds of religion and doing acts prejudicial to maintenance of harmony.” Section 295A concerns “deliberate and malicious acts to outrage religious feelings.” These IPC crimes are also cognizable.

Report from Compass Direct News