Banking Royal Commission: no commissions, no exemptions, no fees without permission. Hayne gets the government to do a U-turn

The government is acting on all 76 of Justice Hayne’s recommendations.
Peter Martin, CC BY-SA

Peter Martin, The Conversation

Treasurer Josh Frydenberg was glossing over history when he said the final report of the banking royal commission “endorsed many of the themes and individual reforms the government is currently pursuing”.

In fact, on coming to office in late 2013, his government – through Finance Minister Mathias Cormann – did the opposite.

Instead of extending provisions in the law that financial service providers act in the “best interests” of their clients, it tried to remove them, pressing Senate independents to have them excised from the at-the-time unimplemented Future of Financial Advice Act.

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Read more:
Six questions our banks need to answer to regain trust

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It argued there would be greater certainty if advisers were merely required to fulfill a number of specific requirements rather than to act in the overall best interests of their clients.

It’s a checklist approach Justice Kenneth Hayne dismisses, saying it has encouraged advisers to pursue a “good enough” outcome “instead of the best interests of the relevant clients or members”.

“The more complicated the law, the harder it is to see unifying and informing principles and purposes,” the report says. “Exceptions and limitations encourage literal application and focusing on boundary‑marking and categorisation.”

What’s important is that the intent of the law is met, “rather
than merely its terms complied with”.

Hayne wants laws rewritten to draw explicit connections between their requirements and what they are trying to achieve.

Such rewriting will make it clear that “exceptions and carve outs like grandfathered commissions constitute a departure from applying the relevant fundamental norm”.

The Coalition fought hard to allow financial advisers to continue to receive some grandfathered commissions – commissions their customers were signed up to before laws outlawing commissions came into place.

Hayne wants all grandfathering to go “as soon as is reasonably practicable”.

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Read the response: Government Response to Royal Commission final report

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Frydenberg has agreed. From January 1, 2021 all grandfathering will go, and any previously grandfathered payments to advisers from clients accounts will be handed back to clients where they can reasonably be identified.

Ongoing fees taken from clients accounts will need to be specifically reauthorised each year, a proposal neither the Coalition nor Labor put forward in negotiations over the Future of Financial Advice Act, settling on reauthorisation every two years in order to avoid paperwork.

Frydenberg has accepted the recommendation, without a start date.

Hayne wants all commissions to mortgage brokers banned so that the borrower, not the lender, pays the broker a fee.

He wants the changes made over a period of two or three years, first by banning so-called annual trailing commissions that last the length of the loans, and then by banning upfront commissions.

Frydenberg will ban trailing commissions from July 1, 2020 and will ask the Council of Financial Regulators and the Australian Competition and Consumer Commission to review in three years’ time the implications of moving to full consumer-pays.

Hayne’s point is that buyers of financial products of all types often assume the person standing between them and the provider is acting in their interests. They need not be when they are being paid by the provider.

The interests of client, intermediary and provider of a product or service are not only different, they are opposed.

An intermediary who seeks to stand in “more than one canoe” cannot. Duty (to client) and (self) interest
pull in opposite directions.

Hayne’s three key themes are now government policy:

• no conflicted remuneration

• no exemptions, including grandfathered arrangements

• explicit consent for payments.

Financial industry laws and regulations will apply more broadly than they have. Funeral insurance will no longer be exempted. Car dealers will face a limit on the fee they can get for selling add-on insurance.

And retailers won’t be able to sell add-on insurance at the same time as the products themselves. Frydenberg said that people buying mobile phones were being sold screen insurance that cost more than the replacement of the screens.

“Hawking”, unsolicited phone calls and pitches for superannuation and insurance and other products, will be prohibited. Lenders to farmers won’t be able to charge high default interest rates during droughts or when there is no realistic prospect of recovering the money.

Banks won’t be able to offer overdrafts on basic accounts without the formal approval of the accounts’ owners, they won’t be able to charge dishonour fees on basic accounts, they will have to value agricultural land used as security for loans independently of the people who decide whether to grant the loans.

Superannuation fund trustees won’t be able to work for other parts of the conglomerate that owns the fund giving them a conflict of interest, and trustees and directors will be subject to civil penalties if they fail to act in the fund members’ best interests.

Each Australian will be defaulted into (“stapled” onto) only one superannuation account once at the beginning of their working life instead of into several as they change jobs as is required by awards and industrial agreements. The Productivity Commission estimated these multiple accounts cost super fund members A$10 billion per year in unnecessary fees.

Australia’s much-criticised “twin peaks” model of regulation shared between the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority, will stay, although they will be subject to a new independent oversight body that will report on their performance every two years. They will also need to prepare and maintain a joint co-operation memorandum.

In any investigation ASIC will have to have as a starting point the question of whether a case should be taken to court. Infringement notices should mainly be reserved for administrative rather than deliberate failings.

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Read more:
Compensation scheme to follow Hayne’s indictment of financial sector

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Hayne says too often, banks and other financial services entities that broke the law were not properly held to account.

Misconduct will be deterred only if entities believe that misconduct will be detected, denounced and justly punished.

Misconduct, especially misconduct that yields profit, is not deterred by requiring those who are found to have done wrong to do no more than pay compensation. And wrongdoing is not denounced by issuing a media release.

He says in almost every case, bad conduct was driven not only by the firm’s pursuit of profit but also by individuals’ pursuit of gain.

Providing a service to customers was relegated to second place. Sales became all important. Those who dealt with customers became sellers. And the confusion of roles extended well beyond front line service staff. Advisers became sellers and sellers became advisers.

Rewarding misconduct is wrong. Yet incentive, bonus and commission schemes throughout the financial services industry have measured sales and profit, but not compliance with the law and proper standards. Rewards have been paid regardless of whether the person rewarded should have done what they did.

Frydenberg says he is taking action on all 76 recommendations.

He’ll set up an industry-funded compensation scheme able to payout over misconduct over the past ten years.

And 24 specific acts of misconduct have been referred to authorities, covering every big financial firm other than Westpac.

Peter Martin, Section Editor, Business and Economy, The Conversation

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

Heavy penalties are on the table for banks caught lying and taking fees for no service

Dimity Kingsford Smith, UNSW and Alex Steel, UNSW

Another week of hearings of the Financial Services Royal Commission has seen financial services company AMP admitting it mislead the Australian Securities and Investment Commission (ASIC) on 20 occasions. The commission also saw evidence of both AMP and the Commonwealth Bank of Australia paying themselves client money when there was no adviser allocated to provide services, or the client had passed away.

It seems ASIC and the Director of Public Prosecutions will have no lack of evidence to pursue civil penalties and criminal cases. The bigger issue is what charges to go with.

In deciding what to pursue, ASIC and the DPP will need to weigh up the costs, the charges individuals are willing to plead guilty to, and the outcomes that will best serve the public interest.

Convicting individuals clearly “sends a message”, but these employees are easily replaced with others just as willing to commit the offences, unless the organisation’s culture is changed.

ASIC has confirmed it has a broad-ranging investigation into AMP already underway, and the Treasurer has suggested the behaviour might attract jail time.

Whether or not bankers get jail time will depend on the actual offences charged and a range of sentencing factors. However, the courts are increasingly emphasising the importance of substantial sentences for white collar crime.

Offences with similar maximum penalties in the UK led to a UBS banker who manipulated the London Interbank Offered Rate being sentenced to 14 years jail in 2015. Another joined him in 2016 for two years and nine months and three others were also convicted.

What AMP and CBA did

AMP and CBA have admitted they failed to provide information and report breaches to ASIC as required by the Corporations Act. Misleading Australian government agencies is also a criminal offence under the Act and the Commonwealth Criminal Code.

As well as dealing truthfully with ASIC, all entities licensed to offer financial services must act “efficiently, honestly and fairly” and take reasonable steps to ensure their employees do likewise.

It is not hard to see how taking clients’ money without providing a service is not efficient, honest or fair.

Civil penalties

Civil sanctions could apply to conduct at AMP and CBA which could ultimately involve disqualification for up to 20 years from working as a corporate officer and/or a fine of up to A$200,000.

Officers of a corporation are very senior employees and usually immediately below board level. They have a duty to be careful and diligent and act in the best interests of the company under the Corporations Act. There is a range of lesser charges from general dishonesty to false documentation offences.

Officers of a corporation have duties which require them to be careful and diligent. This is because the officers may have failed to follow up or failed to prevent conduct) after finding out about what was going on.

If ASIC and the DPP can go further and prove that AMP and CBA officers have intentionally caused their company to break the law, it is virtually impossible that conduct could be in the interests of the corporation. AMP and CBA officers may have also breached criminal offences in the Corporations Act if the wrongdoing was reckless or intentionally dishonest.

Criminal charges

Turning to more general offences, here criminal penalties range from 12 months in jail for misleading ASIC, to significant penalties for conspiracy to defraud.

Any bank employee who was involved in the creation of misleading documentation might well be exposed to fraud charges. Under Commonwealth and state law, fraud can involve reckless deception of another (either ASIC or the clients) with an intention to gain a financial advantage for another (AMP or CBA) Those offences have maximum penalties of 10 years jail. There is a range of lesser charges from general dishonesty to false documentation offences.
Those who assisted might well also be liable through accessorial liability.

Prosecutors could also turn to the conspiracy to defraud offence. The Commonwealth version of the offence involves an agreement to dishonestly influence a public official’s decisions. An agreement to provide false documents to ASIC would seem easily to fit this offence. Again, this has a maximum penalty of 10 years.

Similarly, common law conspiracy to defraud charges could be available for dishonestly misleading customers in a way that caused them financial loss. There are no prescribed maximum penalties for this version of the offence.

Multiple offences could mean sentences served concurrently, or partly cumulatively.

Although the wrongdoing may seem clear to the public, it is likely that complex matters of proof will emerge and ASIC will need to make a range of decisions about the best approach to ensuring cultural change occurs. While convictions might be deserved, the public interest is best served by ensuring that prosecutions are part of wider regulatory action leading to better banking practices.

Dimity Kingsford Smith, Professor and Director, Centre for Law Markets and Regulation, UNSW Law, UNSW and Alex Steel, Professor, UNSW Scientia Education Fellow, UNSW

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

Messianic Jewish Church Won’t Appeal Israeli Court Ruling

Congregation sought apology for riotous attack on baptism service.

ISTANBUL, July 14 (CDN) — A congregation of Messianic Jews in Israel who recently lost a lawsuit against an ultra-orthodox Jewish group that allegedly incited a riot against them has decided not to appeal their case, the church’s pastor said.

After meeting with his congregation and members of the Messianic community in Israel, Howard Bass, pastor of Yeshua’s Inheritance church in Beer Sheva, said that although there are strong legal grounds for an appeal, he believes it is not God’s will to do so.

“We didn’t see that it’s right to appeal, even though there is good legal basis. But we don’t feel it’s the Lord’s will to appeal,” Bass said, later adding he felt the verdict was “totally distorted.”

In 2007, Bass filed suit against Yehuda Deri, chief Sephardic rabbi in the city of Beer Sheva, and Yad L’Achim, an organization that fights against Messianic Jews in Israel, for allegedly inciting a riot at a December 2005 service that Bass was leading.

On Dec. 24, 2005, during a baptismal service in Beer Sheva, a group of about 200 men pushed their way into a small, covered structure being used to baptize two new Christians and tried to stop the service. Police were called to the scene but could not control the crowd.

Once inside the building, the assailants tossed patio chairs, damaged audiovisual equipment, threw a grill and other items into a baptismal pool, pushed Bass into the pool and broke his glasses.

In the days before the riot, Yad L’Achim issued notices to people about a “mass baptism” scheduled to take place at the facility in the city of 187,900 people, 51 miles (83 kilometers) southwest of Jerusalem. In the days after the riot, Deri bragged about the incident on a radio talk show, including a boast that Bass had been “baptized” at the gathering.

Bass demanded either a public apology for their alleged role in the attack, or 1.5 million shekels (US$389,052) from the rabbi and Yad L’Achim.

The case, Bass said, was to “honor the name of Jesus Christ in Israel.” He said he sought monetary damages "to show how serious the offenses were under the law."

The 2005 incident was the second time the church had to deal with an attack after Yad L’Achim disseminated false information about their activities.

On Nov. 28, 1998, a crowd of roughly 1,000 protestors broke into a Yeshua’s Inheritance service after the anti-Christian group spread a rumor that three busloads of kidnapped Jewish minors were being brought in for baptism. The assailants threw rocks, spit on parishioners and attempted to seize some of their children, Bass said.

Bass decided to file the 2007 suit after consulting with members of his congregation and the greater Messianic community in Israel. On June 29, he held much the same meeting, with participants deciding not to appeal. Bass relayed details of the meeting in a group e-mail sent to interested parties.

“No one present, nor any who have communicated with me in the past few days, had a conviction that an appeal is the clear will of God,” he said in the e-mail. “Some were uncertain; others were against.”

The judge issued his decision May 24. Bass read about the decision on May 30 on a government website. The judge ruled that Bass’ attorneys did not prove that the rabbi or the group incited the riot.

“He’s saying what happened inside the walls is separate from what happened outside the walls,” Bass said.

He said he was “astonished” at the judge’s bias in the decision.

“It was a bit amazing to see how one-sided it was,” he said, later adding, “It’s not a righteous judgment, it is a bad judgment.”

Bass said he believes the verdict is a “message from God” that injustice toward Jews who accept Jesus as the Messiah is now the “state of things” in Israel.

The judge ordered Bass to pay a fine to the defendants and cover their legal expenses for a total of approximately 155,000 shekels (US$40,123). The judge gave Bass until June 11 to pay the fine. Because of an outpouring of financial support, the fees were being rapidly paid off, Bass said.

“It’s amazing how quickly people started donating,” he said. “That to me is a further indication of God’s favor in the lawsuit. He’s covered it.”

He said a substantial portion of the donations came from inside Israel.

Also in his e-mail, Bass admitted to approaching the case with his hands tied out of respect for others.

“We did not take to court certain persons who clearly were instrumental in the riot, knowing that they would not testify against the Chief Rabbi or against Yad L’Achim,” Bass said. “We strived to respect the Chief Rabbi because he is the Chief Rabbi of the city, despite his total lack of regard” for the church.

 

Sanctioning Violence

Bass said the verdict may embolden those who want to attack Messianic Jews in Israel. At minimum, he said, the verdict leaves open the potential for future violence.

“They were given nothing to restrain them,” he said. “They were not warned at all by the judge to be careful of what they do.”

The Yeshiva World, a newspaper that caters to the Orthodox Jewish community, has called Messianic Jews both “missionaries” and a “cult.” The newspaper quoted a statement made by Rabbi Dov Lifschitz, founder and chairman of Yad L’Achim.

“We mustn’t become complacent in the face of the ongoing efforts of the missionaries, even as they are licking their wounds from this loss,” Lifschitz said. “This ruling encourages us to continue to fight them with all the legitimate means at our disposal.”

Bass said he understands that not appealing the court loss may lead to the impression that his faith community accepts the judge’s ruling, and because of that, some people in Israel may now side with Yad L’Achim and other anti-Messianic groups.

“We’ve leaving ourselves open to all kinds of opinions,” he said.

But Bass said he is looking at the case in the long term and through the eyes of God. He said that Jesus’ trial was the perfect example of a public defeat and a travesty of justice that God used in a great way.

“His court case seemed like a loss according to the world at the time,” Bass said.

Report from Compass Direct News

Egyptian Couple Shot by Muslim Extremists Undaunted in Ministry

Left for dead, Christians offer to drop charges if allowed to construct church building.

CAIRO, Egypt, June 9 (CDN) — Rasha Samir was sure her husband, Ephraim Shehata, was dead.

He was covered with blood, had two bullets inside him and was lying facedown in the dust of a dirt road. Samir was lying on top of him doing her best to shelter him from the onslaught of approaching gunmen.

With arms outstretched, the men surrounded Samir and Shehata and pumped off round after round at the couple. Seconds before, Samir could hear her husband mumbling Bible verses. But one bullet had pierced his neck, and now he wasn’t moving. In a blind terror, Samir tried desperately to stop her panicked breathing and convincingly lie still, hoping the gunmen would go away.

Finally, the gunfire stopped and one of the men spoke. “Let’s go. They’re dead.”

 

‘Break the Hearts’

On the afternoon of Feb. 27, lay pastor Shehata and his wife Samir were ambushed on a desolate street by a group of Islamic gunmen outside the village of Teleda in Upper Egypt.

The attack was meant to “break the hearts of the Christians” in the area, Samir said.

The attackers shot Shehata twice, once in the stomach through the back, and once in the neck. They shot Samir in the arm. Both survived the attack, but Shehata is still in the midst of a difficult recovery. The shooters have since been arrested and are in jail awaiting trial. A trial cannot begin until Shehata has recovered enough to attend court proceedings.

Despite this trauma, being left with debilitating injuries, more than 85,000 Egyptian pounds (US$14,855) in medical bills and possible long-term unemployment, Shehata is willing to drop all criminal charges against his attackers – and avoid what could be a very embarrassing trial for the nation – if the government will stop blocking Shehata from constructing a church building.

Before Shehata was shot, one of the attackers pushed him off his motorcycle and told him he was going to teach him a lesson about “running around” or being an active Christian.

Because of his ministry, the 34-year-old Shehata, a Coptic Orthodox Christian, was arguably the most visible Christian in his community. When he wasn’t working as a lab technician or attending legal classes at a local college, he was going door-to-door among Christians to encourage them in any way he could. He also ran a community center and medical clinic out of a converted two-bedroom apartment. His main goal, he said, was to “help Christians be strong in their faith.”

The center, open now for five years, provided much-needed basic medical services for surrounding residents for free, irrespective of their religion. The center also provided sewing training and a worksite for Christian women so they could gain extra income. Before the center was open in its present location, he ran similar services out of a relative’s apartment.

“We teach them something that can help them with the future, and when they get married they can have some way to work and it will help them get money for their families,” Shehata said.

Additionally, the center was used to teach hygiene and sanitation basics to area residents, a vital service to a community that uses well water that is often polluted or full of diseases. Along with these services, Shehata and his wife ran several development projects, repairing the roofs of shelters for poor people, installing plumbing, toilets and electrical systems. The center also distributed free food to the elderly and the infirm.

The center has been run by donations and nominal fees used to pay the rent for the apartment. Shehata has continued to run the programs as aggressively as he can, but he said that even before the shooting that the center was barely scraping by.

“We have no money to build or improve anything,” he said. “We have a safe, but no money to put in it.”

 

Tense Atmosphere

In the weeks before the shooting, Teleda and the surrounding villages were gripped with fear.

Christians in the community had been receiving death threats by phone after a Muslim man died during an attack on a Christian couple. On Feb. 2, a group of men in nearby Samalout tried to abduct a Coptic woman from a three-wheeled motorcycle her husband was driving. The husband, Zarif Elia, punched one of the attackers in the nose. The Muslim, Basem Abul-Eid, dropped dead on the spot.

Elia was arrested and charged with murder. An autopsy later revealed that the man died of a heart attack, but local Muslims were incensed.

Already in the spotlight for his ministry activities, Shehata heightened his profile when he warned government officials that Christians were going to be attacked, as they had been in Farshout and Nag Hammadi the previous month. He also gave an interview to a human rights activist that was posted on numerous Coptic websites. Because of this, government troops were deployed to the town, and extremists were unable to take revenge on local Christians – but only after almost the
entire Christian community was placed under house arrest.

“They chose me,” Shehata said, “Because they thought I was the one serving everybody, and I was the one who wrote the government telling them that Muslims were going to set fire to the Christian houses because of the death.”

Because of his busy schedule, Shehata and Samir, 27, were only able to spend Fridays and part of every Saturday together in a village in Samalut, where Shehata lives. Every Saturday after seeing Samir, Shehata would drive her back through Teleda to the village where she lives, close to her family. Samalut is a town approximately 105 kilometers (65 miles) south of Cairo.

On the afternoon of Feb. 27, Shehata and his wife were on a motorcycle on a desolate stretch of hard-packed dirt road. Other than a few scattered farming structures, there was nothing near the road but the Nile River on one side, and open fields dotted with palm trees on the other.

Shehata approached a torn-up section of the road and slowed down. A man walked up to the vehicle carrying a big wooden stick and forced him to stop. Shehata asked the man what was wrong, but he only pushed Shehata off the motorcycle and told him, “I’m going to stop you from running around,” Samir recounted.

Shehata asked the man to let Samir go. “Whatever you are going to do, do it to me,” he told the man.

The man didn’t listen and began hitting Shehata on the leg with the stick. As Shehata stumbled, Samir screamed for the man to leave them alone. The man lifted the stick again, clubbed Shehata once more on the leg and knocked him to the ground. As Shehata struggled to get up, the man took out a pistol, leveled it at Shehata’s back and squeezed the trigger.

Samir started praying and screaming Jesus’ name. The man turned toward her, raised the pistol once more, squeezed off another round, and shot Samir in the arm. Samir looked around and saw a few men running toward her, but her heart sank when she realized they had come not to help them but to join the assault.

Samir jumped on top of Shehata, rolled on to her back and started begging her attackers for their lives, but the men, now four in all, kept firing. Bullets were flying everywhere.

“I was scared. I thought I was going to die and that the angels were going to come and get our spirits,” Samir said. “I started praying, ‘Please God, forgive me, I’m a sinner and I am going to die.’”

Samir decided to play dead. She leaned back toward her husband, closed her eyes, went limp and tried to stop breathing. She said she felt that Shehata was dying underneath her.

“I could hear him saying some of the Scriptures, the one about the righteous thief [saying] ‘Remember me when you enter Paradise,’” she said. “Then a bullet went through his neck, and he stopped saying anything.”

Samir has no way of knowing how much time passed, but eventually the firing stopped. After she heard one of the shooters say, “Let’s go, they’re dead,” moments later she opened her eyes and the men were gone. When she lifted her head, she heard her husband moan.

 

Unlikely Survival

When Shehata arrived at the hospital, his doctors didn’t think he would survive. He had lost a tremendous amount of blood, a bullet had split his kidney in two, and the other bullet was lodged in his neck, leaving him partially paralyzed.

His heartbeat was so faint it couldn’t be detected. He was also riddled with a seemingly limitless supply of bullet fragments throughout his body.

Samir, though seriously injured, had fared much better than Shehata. The bullet went into her arm but otherwise left her uninjured. When she was shot, Samir was wearing a maternity coat. She wasn’t pregnant, but the couple had bought the coat in hopes she soon would be. Samir said she thinks the gunman who shot her thought he had hit her body, instead of just her arm.

The church leadership in Samalut was quickly informed about the shooting and summoned the best doctors they could, who quickly traveled to help Shehata and Samir. By chance, the hospital had a large supply of blood matching Shehata’s blood type because of an elective surgical procedure that was cancelled. The bullets were removed, and his kidney was repaired. The doctors however, were forced to leave many of the bullet fragments in Shehata’s body.

As difficult as it was to piece Shehata’s broken body back together, it paled in comparison with the recovery he had to suffer through. He endured multiple surgeries and was near death several times during his 70 days of hospitalization.

Early on, Shehata was struck with a massive infection. Also, because part of his internal tissue was cut off from its blood supply, it literally started to rot inside him. He began to swell and was in agony.

“I was screaming, and they brought the doctors,” Shehata said. The doctors decided to operate immediately.

When a surgeon removed one of the clamps holding Shehata’s abdomen together, the intense pressure popped off most of the other clamps. Surgeons removed some stomach tissue, part of his colon and more than a liter of infectious liquid.

Shehata could not eat normally and lost 35 kilograms (approximately 77 lbs.). He also couldn’t evacuate his bowels for at least 11 days, his wife said.

Despite the doctors’ best efforts, infections continued to rage through Shehata’s body, accompanied by alarming spikes in body temperature.

Eventually, doctors sent him to a hospital in Cairo, where he spent a week under treatment. A doctor there prescribed a different regimen of antibiotics that successfully fought the infection and returned Shehata’s body temperature to normal.

Shehata is recovering at home now, but he still has a host of medical problems. He has to take a massive amount of painkillers and is essentially bedridden. He cannot walk without assistance, is unable to move the fingers on his left hand and cannot eat solid food. In approximately two months he will undergo yet another surgery that, if all goes well, will allow him to use the bathroom normally.

“Even now I can’t walk properly, and I can’t lift my leg more than 10 or 20 centimeters. I need someone to help me just to pull up my underwear,” Shehata said. “I can move my arm, but I can’t move my fingers.”

Samir does not complain about her condition or that of Shehata. Instead, she sees the fact that she and her husband are even alive as a testament to God’s faithfulness. She said she thinks God allowed them to be struck with the bullets that injured them but pushed away the bullets that would have killed them.

“There were lots of bullets being shot, but they didn’t hit us, only three or four,” she said. “Where are the others?”

Even in the brutal process of recovery, Samir found cause for thanks. In the beginning, Shehata couldn’t move his left arm, but now he can. “Thank God and thank Jesus, it was His blessing to us,” Samir said. “We were kind of dead, now we are alive."

Still, Samir admits that sometimes her faith waivers. She is facing the possibility that Shehata might not work for some time, if ever. The couple owes the 85,000 Egyptian pounds (US$14,855) in medical bills, and continuing their ministry at the center and in the surrounding villages will be difficult at best.

“I am scared now, more so than during the shooting,” she said. “Ephraim said do not be afraid, it is supposed to make us stronger.”

So Samir prays for strength for her husband to heal and for patience. In the meantime, she said she looks forward to the day when the struggles from the shooting are over and she can look back and see how God used it to shape them.

“There is a great work the Lord is doing in our lives, we may not know what the reason is now, but maybe some day we will,” Samir said.

 

Government Opposition

For the past 10 years, Shehata has tried to erect a church building, or at a minimum a house, that he could use as a dedicated community center. But local Muslims and Egypt’s State Security Investigations (SSI) agency have blocked him every step of the way. He had, until the shooting happened, all but given up on constructing the church building.

On numerous occasions, Shehata has been stopped from holding group prayer meetings after people complained to the SSI. In one incident, a man paid by a land owner to watch a piece of property near the community center complained to the SSI that Shehata was holding prayer meetings at the facility. The SSI made Shehata sign papers stating he wouldn’t hold prayer meetings at the center.

At one time, Shehata had hoped to build a house to use as a community center on property that had been given to him for that purpose. Residents spread a rumor that he was actually erecting a church building, and police massed at the property to prevent him from doing any construction.

There is no church in the town where Shehata lives or in the surrounding villages. Shehata admits he would like to put up a church building on the donated property but says it is impossible, so he doesn’t even try.

In Egypt constructing or even repairing a church building can only be done after a complex government approval process. In effect, it makes it impossible to build a place for Christian worship. By comparison, the construction of mosques is encouraged through a system of subsidies.

“It is not allowed to build a church in Egypt,” Shehata said. “We can’t build a house. We can’t build a community center. And we can’t build a church.”

Because of this, Shehata and his wife organize transportation from surrounding villages to St. Mark’s Cathedral in Samalut for Friday services and sacraments. Because of the lack of transportation options, the congregants are forced to ride in a dozen open-top cattle cars.

“We take them not in proper cars or micro-buses, but trucks – the same trucks we use to move animals,” he said.

The trip is dangerous. A year ago a man fell out of one of the trucks onto the road and died. Shehata said bluntly that Christians are dying in Egypt because the government won’t allow them to construct church buildings.

“I feel upset about the man who died on the way going to church,” he said.

 

Church-for-Charges Swap

The shooters who attacked Shehata and Samir are in jail awaiting trial. The couple has identified each of the men, but even if they hadn’t, finding them for arrest was not a difficult task. The village the attackers came from erupted in celebration when they heard the pastor and his wife were dead.

Shehata now sees the shooting as a horrible incident that can be turned to the good of the believers he serves. He said he finds it particularly frustrating that numerous mosques have sprouted up in his community and surrounding areas during the 10 years he has been prevented from putting up a church building, or even a house. There are two mosques alone on the street of the man who died while being trucked to church services, he said.

Shehata has decided to forgo justice in pursuit of an opportunity to finally construct a church building. He has approached the SSI through church leaders, saying that if he is allowed to construct a church building, then he will take no part in the criminal prosecution of the shooters.

“I have told the security forces through the priests that I will drop the case if they can let us build the church on the piece of land,” he said.

The proposal isn’t without possibilities. His trial has the potential of being internationally embarrassing. It raises questions about fairness in Egyptian society during an upcoming presidential election that will be watched by the world.

Regardless of what happens, Shehata said all he wants is peace and for the rights of Christians to be respected. He said that in Egypt, Christians have less value than the “birds of the air” mentioned in the Bible. According to Luke 12:6, five sparrows sold for two pennies in ancient times.

“We are not to be killed like birds, slaughtered,” he said. “We are human.”

Report from Compass Direct News

Pakistani Muslims Severely Beat, Sodomize Christian Barber

Brother of Muslim who insisted on having beard cut, seven others, break hair-cutter’s bones.

SARGODHA, Pakistan, April 28 (CDN) — A Christian barber in this Punjab Province city is still recovering from broken bones and other injuries sustained earlier this month after eight Muslims allegedly beat and sodomized him for cutting the beard of a Muslim.

Marwat Masih, 29, initially refused the request of 19-year-old Qandeel Cheema to cut his beard in Sargodha’s Gulshan-e-Bashir town on April 13, knowing that area Sunni Muslims believe the Quran prohibits it. But Cheema, a high school student, told Masih that he had lived and studied in Lahore and therefore wanted a more modern look, the bed-ridden and feeble Masih told Compass.

“I refused to shave his beard, but he showed me his packed bags and said that he would leave the town straight after the shave, and so no one would ever know that I had shaved his beard,” Masih said. 

Eyewitnesses told Compass that as Masih was cutting Cheema’s beard, the client’s older brother – local radical Muslim land owner Shakeel Cheema – was returning by tractor from his fields and, noting the family Jeep in front of the Marwat Hair Stylist shop, stopped in.

“When Shakeel Cheema saw me shaving his younger brother’s beard, he became angry and started vandalizing mirrors, the sound system and chairs, and he desecrated a wooden cross perched on the top of the front mirrors,” Masih said. “He also started beating my head with his shoes.”

Eyewitnesses told Compass that Shakeel Cheema shouted orders to his companions to tie Masih up and throw him into the wagon attached to his tractor, and that he ordered his younger brother to leave for Lahore at once.

Masih said that he was blindfolded with a black cloth and taken to an unknown place where he was locked in a room. An hour later, Shakeel Cheema and seven others arrived and began striking him with clubs, breaking his ribs, a wrist and leg bones.

“Shakeel Cheema said, ‘Now we are going to teach you a real lesson for shaving the beard of a Muslim man,” Masih said, and after a long, pained pause he related how Cheema and the seven others sodomized him. “I started bleeding and fell unconscious.”

His father, Laal Masih, older brother Hassrat Masih and other relatives had begun searching for him, and after midnight that night they found him lying half-naked and unconscious off the main street of Gulshan-e-Bashir town, his father told Compass. They immediately took him to Rural Health Centre, where doctors kept him under observation for two days and treated him for internal bleeding and the broken ribs, leg bones and wrist.

“We submitted an application to the Saddr police twice, but they took no action against Shakeel Cheema and his accomplices,” Laal Masih said. The family is appealing to Christian ministers and parliamentarians for assistance.

Still receiving threats of harm if they do not leave the area, family members also said they cannot afford the fees of a standard physician and have resorted to help from lesser trained doctors.

Police have refused to file a First Information Report against Cheema and his accomplices, who all remained at large at press time.

A shopkeeper next to Masih’s barbershop told Compass that the barber deserved the abuse.

“He deserves such punishment, as he did something that is forbidden according to the teaching of the Quran and the sunna [arabic word for the sayings or habits of Muhammad, the prophet of Islam],” said Muhammad Maqsood, who has a long, white beard. “Marwat Masih paid for his crime.”

Masih’s 36-year-old brother Hassrat Masih emphasized that Gulshan-e-Bashir town is inhabited mainly by radical Muslims.

“Therefore, almost all of them are against shaving, especially the beard,” Hassrat Masih said. “Having a beard is seen as holy practice because it is a standard prescribed for all Muslims in the sunna, or teachings or actions of the prophet of Islam.”   

Report from Compass Direct News 

Hindu Nationalist Party Official in India Charged in Nun’s Rape

Local politician of Bharatiya Janata Party had attended Christian school.

NEW DELHI, December 11 (CDN) — Police in Orissa state have arrested an official of the Hindu nationalist Bharatiya Janata Party (BJP) for allegedly leading an attack that ended in the rape of a Catholic nun during last year’s anti-Christian mayhem in Kandhamal district.

Officers in the eastern state of Orissa had been searching for Gururam Patra, identified by local residents as the general secretary of the BJP in Kandhamal district, for more than 14 months. Arrested on Saturday (Dec. 6) in Balliguda, Patra was charged with leading the attack but not with rape.

Dilip Kumar Mohanty, an investigating officer, told Compass that a non-bailable warrant had been issued against Patra, accused of being “the main organizer” of the attack on Aug. 25, 2008, in which then-28-year-old Sister Meena Lalita Barwa said she was gang-raped.

Mohanty said he had gathered “sufficient evidence” against Patra.

“He is the one who went into the house where the nun was staying and took her out, along with his associates who outraged her modesty,” Mohanty said.

Previously police had arrested 18 associates of Patra.

The Rev. Ajay Singh of the Catholic Archdiocese of Cuttack-Bhubaneswar told Compass that Patra had become a “terror” for local Christians, as “he was threatening against [those] identifying the accused in numerous cases.”

Violence in Kandhamal took place in August-September 2008, killing more than 100 people – mostly hacked to death or burned alive – and incinerating more than 4,500 houses, as well as destroying over 250 churches and 13 educational institutions. The violence began after a VHP leader, Swami Laxmanananda Saraswati, was killed by Maoists (extreme Marxists) on Aug. 23. Hindu extremist groups wrongly blamed local Christians for the assassination.

A local Christian from K. Nuagaon village, where the nun said she was raped, told Compass on condition of anonymity that Patra was the general secretary of the BJP for Kandhamal district. But the BJP and its ideological mentor, the Hindu nationalist conglomerate Rashtriya Swayamsevak Sangh (National Volunteer Corps or RSS), were reluctant to admit association with him.

Suresh Pujari, president of the Orissa state BJP, told Compass that he did not know if Patra was a member of his party.

“I have heard his name, but I have never met him,” he said. “The BJP is a big organization, and I cannot know everyone.”

RSS spokesperson Manmohan Vaidya told Compass that Patra was a block president (a local government position) in Balliguda during the violence.

“He may have attended a few meetings of the RSS, but he was never associated with the organization officially,” he said.

Investigating officer Mohanty said police have yet to establish his affiliations, but “it appears that he was from the RSS group.” Mohanty said Patra was not accused of rape but of being the main leader of the attack.

On Nov. 11, Orissa Chief Minister Naveen Patnaik, told the state assembly House that 85 people from the RSS, 321 members of the Vishwa Hindu Parishad (World Hindu Council or VHP) and 118 workers of the Bajrang Dal, youth wing of the VHP, were rounded up by the police for the attacks in Kandhamal.

Educated by Christians

Union Catholic Asian News (UCAN) agency reported Patra attended a Catholic school, Vijaya High School, in Raikia town in Kandhamal district.

The news agency quoted the Rev. Mathew Puthyadam, principal of the school when Patra attended, as saying that he was a good student and respected the priests.

“I really wonder how he changed,” Puthyadam told UCAN.

UCAN reported that Puthyadam said right-wing Hindu groups commonly recruit people educated at Christian schools and indoctrinate them against Christians. There were a few other former students of Catholic schools who also led mobs that attacked Christians in Kandhamal, he added.

Puthyadam reportedly said that when Patra’s mother brought him to the school, she said he lost his father in early childhood and they had no money to continue his studies; the priest arranged sponsorship through a Christian aid agency to cover his fees and lodging at Bishop Tobar Hostel.

‘Police Refused to Help’

It was during the August 2008 attacks that Barwa of the Divyajyoti Pastoral Centre in K. Nuagaon area in Balliguda, said she was attacked and raped.

At an Oct. 24, 2008 press conference, the nun said 40 to 50 people attacked the house in which she and priest Thomas Chellantharayil were staying; he also was attacked in the Aug. 25 incident. She said the assailants first slapped and threatened her, then took her out of the house.

“There were three men who first threatened to throw me into the smoldering fire,” she said. “Then they threw me on the veranda [which was] full of plastic pieces. One of them tore my blouse and undergarments. While one man stood on my right hand, the other stood on my left hand and the third man raped me.”

Another man tried to rape her as she got up, she said, and when a mob arrived she was able to hide behind a staircase. But the mob pulled her out and threatened to kill her while others wanted to parade her naked in the street.

“They then beat me up with their hands,” she said. “I was made to walk on the streets wearing my petticoat and sari, as my blouse was torn by one of the attackers. When we reached the market place I saw two policemen there. I asked them to help me, but they refused.”

When the nun filed a complaint at the Balliguda police station, she said, police made no arrests until The Hindu newspaper highlighted her case on Sept. 30, 2008.

Christian leader John Dayal, a member of India’s National Integration Council, said the government has yet to fully address violence against Christians.

“The administration, civil and police, have to act with their full strength to stop the hate campaign that has been unleashed in the last one year, and which has penetrated distant villages, creating schism and hatred between communities,” he said.

On Sunday (Dec. 7) Christians and rights activists formed a new organization, the Association of Victims of Communal Violence in Kandhamal in Phulbani to deal with the growing communal divide in Kandhamal.

“The major task of the new association, working closely with clergy and civil society activists irrespective of religion, is to restore public confidence and to ensure that the victims and witnesses felt safe enough to depose in court,” said Dayal.

He said Christian leaders hope this grassroots initiative will also help in the process of reconciliation and allow people to go back to their villages, where right-wing groups are threatening them with death if they do not convert to Hinduism.

Dayal also said there were rumors of human trafficking in Kandhamal, and that the new association felt special projects for women and especially young girls were urgently required.

“I pray they remain rumors,” he added.

Report from Compass Direct News 

ISRAEL: NON-ARAB CHRISTIANS SEEK IN VAIN FOR BURIAL SITES

Orthodox denominations face discrimination from authorities, nominally Christian gatekeepers.

HAIFA, Israel, July 8 (Compass Direct News) – Here in Israel’s third-largest city, it was not possible for the Russian Orthodox relatives of a 65-year-old woman who died on June 27 to find a Christian cemetery for her.

Their plight – for five days the body of Nadejda Edelman was stored at a hospital morgue – is common to Christians of foreign ancestry throughout the country. When Edelman passed away in Rambam Medical Center in this northern Israeli city, it took almost a week to find a grave for her and arrange for a funeral. Haifa, with 265,000 people, is 90 kilometers (56 miles) north of Tel Aviv.

On July 1 Edelman, a devout Christian, was buried outside of Haifa in Emeq Hefer Local Council Cemetery – a “secular” site for persons of no faith tradition. Had there been a Christian cemetery available, Edelman’s family might still have had problems obtaining a plot; the immigrant had not been able to have her ID registered as “Christian,” only as “Russian.”

“A cross on her neck and a testimony on her behalf by her close friend, as Edelman was childless, didn’t convince the authorities, and even if it would have, there are just no existing solutions for the deceased Russian Orthodox Christians of Russian origin in Israel,” said one of the founders of Sophia, an association of Russian Orthodox Christians in northern Israel. He requested anonymity.

Throughout Israel it’s not unusual for delays of days or weeks for burial of the Christian deceased of foreign ancestry. One Christian, Sergei Loper, was not buried until 20 days after his death; for another, Yuri Neverdasov, an available grave was not found for five days.

Christians make up 2.1 percent of Israel’s population, and the Orthodox denominations are a fraction of that. The issue of funeral rites and burials in Israel is especially difficult for these minorities, given the country’s complicated ethnic and religious makeup and laws that give religious institutions control over personal matters such as weddings, births and deaths.

The faith communities of Jews and Arabs in Israel each have their own designated burial societies that are responsible for arranging burials as well as religious rituals. Jewish burial societies called Hevra Kadisha are responsible for the Jewish deceased, while Arab burial societies provide services for Arab Muslims and Christians.

Such societies must obtain a special permit from the Ministry of Religious Affairs and sign a contract with the Social Security Service; this latter agency then covers the cost of burial fees in accordance with Israeli law. In theory every family in Israel is entitled to this reimbursement, but Russian Orthodox and Greek Orthodox families miss out because the funds go to the Arab burial societies rather than directly to the survivors.

Problems in addressing foreigners’ needs began in the early 1990s with a massive wave of immigration from the Former Soviet Union. Along with Jewish relatives, many Christians, Muslims and non-religious emigrants from Russia settled in Israel. Soon authorities were hard-pressed to address the needs of children of mixed marriages and of non-Jewish spouses and relatives – some with religious backgrounds other than Judaism, some holding no defined religious views and some who were atheists.

The question of foreign (especially Russian) Christians, as well as that of Jews who openly declared their conversion to Christianity, was especially disturbing, and Israel initially dealt with it by registering many people only as “Russians” without any reference to their religious belief. Later the religious designation for all people was eliminated from Israeli identification cards.

With legislation that was passed in 1992 but took more than a decade to implement, eventually authorities worked out a partial solution – establishing a few secular cemeteries and creating sections within Jewish cemeteries for “non-religious persons.” These measures did not meet the needs of people who wished to be buried in accordance with their religious beliefs, especially the Russian Orthodox and Greek Orthodox Christians.

Discrimination against Non-Arabs

The Sophia association has tried to address this complicated issue and assist members of the Russian Orthodox community and their families. Thus far authorities have little heeded their plea.

“It would be only natural if Christians would be buried in Christian cemeteries, yet the Arab local councils usually decline our requests,” said Dr. Ilya Litvin of Haifa, a member of Sophia.

In Israel’s Arab Christian cemeteries, the heads of local councils are the only ones entitled to make the decisions, but many of them are Christians by birth only; they belong to Communist parties and in reality have little sympathy for religious sentiment, advocates said.

“They claim that there is a severe shortage of graves there and little possibility for expansion, yet I believe that it’s just politics,” Litvin said. “They don’t really care about us – we are not Arabs.”

Oleg Usenkov, press-secretary of St. Nicolay’s church at Migdal ha-Emeq, added that a Christian burial may sometimes come only as a negotiated favor.

“Sometimes our priest, Father Roman Radwan, pulls personal connections and after some negotiations they allocate a grave for the deceased members of our community, but usually we hear a ‘No,’” he said.

Other options for the church are the non-Jewish section at the Jewish cemetery or the secular cemetery. It is usually not possible, however, to conduct Christian ceremonies at these sites.

Usenkov of St. Nicolay’s church said he vividly recalls a recent funeral of his friend Andrey Shelkov.

“The funeral was organized by the Jerusalemite Hevra Kadisha [Jewish burial society], and we were not even allowed to put a cross inside the coffin,” Usenkov said. “One of the Hevra Kadisha workers felt sorry for us and told me, ‘You can draw a Pisces [fish symbol] on his arm and put it inside the coffin, isn’t that a Christian symbol as well?’ Imagine that: having to draw a Pisces, just like the early Christians who had to hide their faith!”

Burials can be costly, and the Israeli Social Security Service covers burial fees only by transferring the compensation to the burial societies, not to the families of the deceased. Since there is no such burial society for Russian Orthodox Christians, state funds to cover the high costs go to local councils’ treasuries rather than to the families.

The leaders of Sophia have requested the office of Israel’s prime minister to give their association status similar to that of a Hevra Kadisha, which would allow Sophia to meet the burial needs of Russian Orthodox and Greek Orthodox Christians, but to no avail.

“In reply we received a formal letter which offers no solution,” said Litvin. “The letter suggested that we should somehow obtain a cemetery, and that then we were to apply to the Ministry of Religious Affairs for the license – which is practically impossible, and everyone knows it.”

A written inquiry by Compass to the social security office elicited the same response.

“We feel helpless and frustrated: the heads of Greek Orthodox Church choose not to interfere, or maybe they can’t, while the Israeli authorities are brushing us off,” Litvin said. “As a result, innocent people are denied of their basic right – to be buried according to their religious beliefs. Some of them are childless and poor, and there is no one to stand up for their rights. We hope that someone will take responsibility for this issue.”

Report from Compass Direct News 

INDONESIA: NEW BUILDING SITE FOUND FOR BIBLE COLLEGE

Officials promise to buy previous campus site and issue permit for new site.

JAKARTA, May 11 (Compass Direct News) – Officials of the Arastamar School of Theology (SETIA) in Jakarta are considering the purchase of a new campus site after violent protests last July led to the eviction of 1,400 students and staff members.

Indonesian officials on May 1 inspected land for the new campus site and promised to issue a building permit. But SETIA would be required to obtain permission from potential neighbors in Bambu Apus district, East Jakarta, before the school could be built.

Since protests by neighbors of the original campus in Kampung Pulo, some 1,200 remaining staff members and students have moved to three separate emergency locations across Jakarta, in some cases living in leaking tents and holding classes under trees.

In mid-March, SETIA director Matheus Mangentang met with Fajar Panjaitan, assistant to the deputy governor of Jakarta, to discuss the governor’s promise to provide an alternative campus.

At the meeting, the governor’s office promised to purchase the original campus site but stipulated that the city would pay only for the land, not the buildings. The Jakarta official also promised to improve temporary accommodation for the students and issue a building permit for a new campus in a different location.

Deputy Gov. Prijanto, who has only a single name, initially suggested that SETIA move to an empty factory some 60 kilometers (37 miles) away in Cikarang, West Java, but Mangentang refused on the grounds that SETIA would be charged approximately 50 million rupiah (US$4,800) per month in service and security fees.

On Feb. 9 students had gathered in front of the presidential palace to protest the lack of adequate college facilities.

“We are asking the government to take responsibility for finding us a new campus,” a representative of the student council identified only as Herdi told Compass.

About 450 students are living and studying at a Boy Scouts campground in Cibubur, another 250 are in a migrant’s center in Kalimalang and the remaining 500 are in an abandoned West Jakarta mayoral office that lacks basic facilities such as adequate running water and toilets.

Machetes and Acid

Urged on by announcements from a mosque loudspeaker to “drive out the unwanted neighbor,” hundreds of protestors shouting “Allahu-Akbar [“God is greater]” and brandishing machetes, sharpened bamboo and acid had forced the evacuation of staff and students from the SETIA campus in Kampung Pulo village on July 26- 27, following a misunderstanding between students and local residents. Attackers injured at least 20 students, some seriously.

Key among motives for the attack was that area Muslims felt “disturbed” by the presence of the Christian college. They wanted it to be moved to another area.

Following the evacuation, some students were temporarily billeted in church offices, while others slept in the lobby of Indonesia’s parliament building. Officials then moved 600 female students to the BUPERTA Boy Scouts campground, where they were later joined by 100 male students. A further 400 male students were accommodated at a migrants’ center in Bekasi, while 32 post-graduate students were accommodated in a housing complex in Kota Wisata, not far from the BUPERTA campground.

In October, camp managers asked students to vacate the campground for a Boy Scouts’ event. Over 1,000 students from the campground and other locations then moved temporarily to an abandoned mayor’s office in Jakarta, although 450 of those later returned to the campground.

When no attempts were made to begin renovations on the mayor’s office, Mangentang himself hired bricklayers and carpenters to install more toilets, repair damaged ceilings on two floors of the building and erect partitions to create 13 classrooms. But the building still lacks many basic amenities, according to staff members. Students carry well water into the building in large plastic drums for showers, toilets, laundry and cooking.

Fauzi Bowo, governor of Jakarta, had originally promised the students that they could return to their original campus at the end of the Muslim fasting month of Ramadan. He then promised to find a site for a new campus and provide an official building permit. When these promises proved slow to materialize, Mangentang insisted that the governor’s office shoulder costs for temporary accommodation.

Report from Compass Direct News

BURMA: REPORT DOCUMENTS ABUSE OF CHIN CHRISTIANS

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

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

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

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

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

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

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

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

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

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

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

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

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

 

‘Campaign of Ethnocide’

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

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

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

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

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

 

Enticement to Convert

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

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

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

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

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

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

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

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

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

 

Religious Policy Elsewhere

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News

PAKISTAN: SISTERS ABDUCTED, FORCED TO CONVERT TO ISLAM

Repeatedly raped, minor and 18-year-old now face societal rejection.

ISTANBUL, January 19 (Compass Direct News) – The ordeal of two teenage Christian sisters in Pakistan is over after Muslims allegedly abducted and raped them and forced them to convert to Islam, but they fear a future of societal rejection.

Parvisha Masih, 18, and Sanam Masih, 14, said three Muslim men kidnapped them last November, raping them several times during two weeks of captivity.

“We are happy to return to the family, but we are feeling ashamed because there is no respect for us in society now,” Parvisha Masih said. “We don’t want to go back to school and have to face our friends.”

They face a long legal battle that will inevitably bring them into contact with their captors – who have already assaulted their family in court.

“We feel very afraid, and we are still receiving threats,” Parvisha Masih told Compass. “We are worried about our family and about ourselves. I don’t ever want to see those men again.”

On Jan. 2 the sisters recorded statements concerning their alleged abduction, rape and forced conversion to Islam before a local magistrate in Gujranwala. Earlier, they gave statements in Karachi, where they had been taken by their captors some 840 miles to the south. Two First Incident Reports (FIRs) have been filed.

In Gujranwala, Muhammad Irfan, Muhammed Mehboob and Muhammed Rafique, Mehboob’s brother-in-law, are charged with kidnapping.

 

Kidnapped

Irfan and Mehboob, suspected of involvement in a human trafficking ring, at first made contact with Parvisha Masih accidentally.

“Parvisha received a wrong number call and talked to Muhammad Irfan,” said Katherine Karamat, an investigative officer for the Center for Legal Aid Assistance and Settlement (CLAAS). “Some days later, Irfan called again and told her that he had a beauty salon, and if she wanted training he could arrange that for her.”

Eager to earn extra money for the family, Masih convinced her younger sister Sanam to join her in accepting the offer, according to CLAAS.

Irfan arranged to drive them to their first day of work in his car. At 10 a.m. on Nov. 12, Irfan and Mehboob picked the sisters up from their home.

“This is a common practice now,” said Michael Javaid, a Pakistani member of parliament based in Karachi. “They offer poor people from the villages a good job, and the parents are poor so they trust them, but then they bring these girls and sell them to other people.”

According to the sisters’ testimony, Irfan stopped the car after roughly half an hour to buy beverages. He offered them both a bottle of fruit juice that they drank, unaware that he had drugged it.

En route to Karachi, Irfan and Mehboob then drove the sisters to a motel in Mianwali, threatening them at gunpoint and telling them they would be killed if they tried to escape. The sisters reported that the men then raped them.

In the morning they were ushered back into the car and driven to the coastal city of Karachi, where they were held captive at Rafique’s house. Over the next five days, they said, the men raped them repeatedly.

Masih and Sanam then were taken to a madrassa (Islamic school), where a mufti issued certificates stating that the two had become Muslims. Parvisha Masih was renamed Sana, and her sister received the name Tayyaba.

Javaid and lawyers from CLAAS challenged these certificates, asserting that the sisters did not sign them.

“Anyone can get these papers by giving some kind of a bribe; [clerics] feel it is a service to Islam,” said Javaid. “They will issue a certificate without knowing the will of the person, whether this is a forcible conversion or not.”

Following their forced conversion at the madrassa, the Muslims took the sisters to the office of lawyers Nayer Zia-Ul-Din and Kokab Sahab-Ul-Din. Irfan explained to the lawyers that the sisters had converted to Islam and did not wish to return home to their Christian family, but instead wanted to stay at the government-run Dar-Ul-Aman shelter for women. Before leaving, Irfan told Masih and Sanam that they would be freed after the lawyers brought them to court the following day.

The lawyers told the sisters to sign blank sheets of paper, forging testimony from the pair that they planned to use to support their case, according to CLAAS. The attorneys told the sisters that they could stay with their family that night and took Masih and Sanam to their home, but no other family members were present.

After the sisters had fallen asleep, according to CLAAS, Sahab-Ul-Din took Parvisha Masih into a separate room and sexually abused her. Police found medication in Sahab-Ul-Din’s apartment indicating that the sisters were again drugged. Sanam said she woke up when she heard her older sister crying for help.

“I took the mobile of the lawyer and called 15 [the emergency police number in Pakistan],” she told Compass. “One lawyer had left; the other was with Parvisha.” She was able to escape the house and describe her location to authorities.

Police arrived at the scene shortly afterward, immediately referring Parvisha Masih to a hospital and arresting Sahab-Ul-Din, whom they took to the Ferozabad police station. The other lawyer, Zia-Ul-Din, had left but was later arrested at his home.

At the police station, Sanam called her father, Arif Masih, who rushed to Karachi to bring his daughters back home.

 

Assaulted in Court

The following day (Nov. 22), the sisters appeared before a magistrate to give testimony, accompanied by their father and other relatives. Defendants Zia-Ul-Din and Sahab-Ul-Din, both charged with rape, were also present. Upon learning that the sisters’ father was in the room, they located him and began to attack him.

“The magistrate was in his chambers, and so the lawyers attacked the father and relatives, beating them, even the women, there in the courtroom, which never happened before!” said Javaid. “All the police were called, the FHO [court police], the superintendant and deputy superintendant, and they took them to the lock-up for safety.”

Javaid said he plans to take a strong contingent of associates when they next appear in court to protect the sisters and deter another attack.

This is the second known case of its kind in recent months. Saba and Aneela Masih underwent a similar ordeal last July, and although 10-year-old Aneela has been returned to her family, her 13-year-old sister, forced to marry one of the men who kidnapped her, remains with her captors.

Christian girls from poor families make easy targets, and many cases go undocumented, Javaid told Compass. High legal fees often make it impossible for poor families to bring a case to court. Corrupt lawyers, easily swayed by bribes, often create further expense.

On top of this, a biased legal system that favors Muslims over Christians is particularly reluctant to pass judgments that would undermine conversion to Islam.

“Because both [Parvisha and Sanam Masih] are Christian and the accused were Muslim, to save their skin they made [the sisters] embrace Islam forcefully so they can marry them maybe or whatever they want,” said CLAAS lawyer Samson Joseph.

Report from Compass Direct News