4 key takeaways from the aged care royal commission’s final report



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Stephen Duckett, Grattan Institute and Anika Stobart, Grattan Institute

The Royal Commission into Aged Care Quality and Safety’s final report into aged care has laid out an extensive plan to overhaul Australia’s aged-care system.

Among the 148 recommendations, the report calls for a new system underpinned by a rights-based Act, funding based on need, and much stronger regulation and transparency.

Over two years, through more than 10,500 submissions and 600 witnesses, the two commissioners heard extensive evidence of a system in crisis. Australians might have expected the commissioners to provide one streamlined blueprint for reform.

But the commissioners diverged on a number of large and some smaller recommendations. This makes the already complex path to reform even more confusing. It reduces the power of the final report. More disappointingly, it gives the government room to pick and choose recommendations as the cabinet likes.

Nonetheless, if the major recommendations are adopted, Australia will get a transformed aged care system over the next five years.

Here are our top four takeaways from this landmark report.




Read more:
Paid on par with cleaners: the broader issue affecting the quality of aged care


1. Australia needs a rights-based aged-care system

In its recommendations, the final report highlights Australia needs a new Aged Care Act to underpin reform. The new Act should set out the rights of older people, including their entitlement to care and support based on their needs and preferences.

This would be a significant shift away from the current ration-based system, and would bring aged care more in line with the principles of Medicare.

Practically, this would mean the number of people in the system would no longer be capped — the long waiting lists for care would disappear over time. The current aged-care programs, such as home-care packages and residential care, would be replaced by a single program.

Under this new program, all older Australians in need of support would be independently assessed, and allocated care according to their personal needs and preferences — whether at home or in residential care.

This is a huge step forward, and, with the right support, would enable older Australians more choice and control over their care.

2. The system needs stronger governance

Ineffective governance and weak regulation of aged care must end. The final report calls for much stronger governance, regulation of the quality of care, prudential regulation, and an independent mechanism to set prices.

These changes would ensure the “quasi-market” aged-care system, as commissioner Tony Pagone described it, was much better regulated, holding providers to a higher standard of care, and better able to address any service gaps in the system. We might see the introduction of home care in locations where home-care services were not previously available, for example.

This change would require all aged-care providers to be accredited against the new standards. We hope that process would weed out some of the poorest performers in the sector. The new system would have offices across the country, to provide on-the-ground support to older Australians and providers.

Unfortunately, the commissioners diverged on the exact mechanisms for these changes. Pagone wants an independent commission to be responsible for aged care, at arms-length from the health department. Meanwhile, commissioner Lynelle Briggs wants governance to remain with a reformed department, but with quality regulation managed by an independent quality commission.

Given the department’s poor track record on managing aged care, we need to see a major change of culture. We urge the government to accept commissioner Pagone’s recommendation.

3. We need to improve workforce conditions and capability

The final report makes numerous important recommendations to enhance the capability and work conditions of formal carers. It calls for better wages and a new national registration scheme for all personal care workers, who would be required to have a minimum Certificate III training.

Residential care facilities would need to ensure minimum staff time with residents. By July 1 2022, this would be at least 200 minutes per resident per day for the average resident, with at least 40 minutes of that time with a registered nurse.

The facilities would be required to report staffing hours provided each day, specifying the breakdown of residents’ time with personal care workers versus nursing staff.

While these measures are good, they are the bare minimum, and would only give facilities a minimum 2 or 3 star rating. But coupled with recommendations for stronger transparency, including the publication of star ratings and quality indicators to compare provider performance, providers might be incentivised to go above this minimum standard.

4. A better system will cost more

The final report makes a series of complex recommendations about fees and funding, with the commissioners diverging in view as to the specific arrangements. But essentially, the proposed new funding model would provide universal funding for care services, such as nursing.

This means there would be no requirement for aged-care recipients to pay a co-contribution, like public patients in public hospitals. Instead, the expectation is people pay for their ordinary costs of living, such as cleaning, subject to a means test and up to a maximum amount in residential care.

A carer holds the hand of an elderly person.
A rights-based system means funding is determined by each individual’s needs.
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These changes would coincide with the phase-out of the burdensome refundable accommodation deposits, which some residents currently pay as a lump sum to providers when they enter residential care. This approach is a shift away from the current muddled set of means-tested arrangements, and may help offset some of the additional spending needed to pay for a rights-based system.

Unfortunately, the report does not touch on how much the recommended changes would cost. Australia should be prepared to pay the price of a better aged care system.




Read more:
View from The Hill: royal commission confronts Morrison government with call for aged care tax levy


The government has been underspending on aged care. Most Australians agree the government should provide more funding for aged care. Commissioner Briggs has the more persuasive proposal for funding the new system. She wants the government to introduce legislation by July 1 2022 that establishes an aged-care improvement levy of 1% of taxable personal income.

Commissioner Pagone is weaker on this point. He wants the Productivity Commission to investigate the establishment of an hypothecated aged-care levy (meaning the money raised by the levy can only be spent on aged care).

Either approach will be politically difficult, but Australians should demand their government lock-in a secure funding supply. That will help produce an aged-care system that protects the rights, upholds the dignity, and celebrates the contribution of all older Australians.The Conversation

Stephen Duckett, Director, Health Program, Grattan Institute and Anika Stobart, Associate, Grattan Institute

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

Final 2019 election results: education divide explains the Coalition’s upset victory


The most important reason for the Coalition’s victory was that Morrison was both liked and trusted by lower-educated voters, while Labor leader Bill Shorten was not.
Mick Tsikas/AAP

Adrian Beaumont, University of Melbourne

At the May 18 election, the size of the lower house was expanded from 150 to 151 seats. The Coalition parties won 77 seats (up one since the 2016 election), Labor 68 (down one) and the crossbench six (up one). The Coalition government holds a three-seat majority.

Owing to redistributions and the loss of Wentworth to independent Kerryn Phelps at an October 2018 byelection, the Coalition notionally had 73 seats before the election, a one-seat advantage over Labor. Using this measure, the Coalition gained a net four seats in the election.

The Coalition gained the Queensland seats of Herbert and Longman, the Tasmanian seats of Braddon and Bass, and the New South Wales seat of Lindsay. Labor’s only offsetting gain was the NSW seat of Gilmore. Corangamite and Dunkley are not counted as Labor gains as they were redistributed into notional Labor seats.

Four of the six pre-election crossbenchers easily held their seats – Adam Bandt (Melbourne), Andrew Wilkie (Clark), Rebekha Sharkie (Mayo) and Bob Katter (Kennedy). The Liberals narrowly regained Wentworth from Phelps, but independent Zali Steggall thrashed Tony Abbott 57%-43% in Warringah. In Indi, independent Helen Haines succeeded retiring independent Cathy McGowan, defeating the Liberals by 51.4%-48.6%.




Read more:
Scott Morrison hails ‘miracle’ as Coalition snatches unexpected victory


The Coalition easily defeated independent challengers in Cowper and Farrer.

While Bandt was re-elected, the Greens went backwards in their other inner-Melbourne target seats of Wills and Cooper. Only in Kooyong did the Greens manage to beat Labor into second.

The final primary votes were 41.4% Coalition (down 0.6%), 33.3% Labor (down 1.4%), 10.4% Greens (up 0.2%), 3.4% United Australia Party (UAP) and 3.1% One Nation (up 1.8%).

The final two-party vote was 51.5% for the Coalition to 48.5% for Labor, a 1.2% swing in the Coalition’s favour from the 2016 election. It is the first pro-government swing since the 2004 election.

It was expected the Coalition would do better once the 15 “non-classic” seats were included; these are seats where the final two candidates were not Coalition and Labor. However, 11 of these seats swung to Labor, including a 9.0% swing in Warringah and a 7.9% swing in Wentworth. Eight non-classics were inner-city electorates that tended to swing to Labor.

The table below shows the number of seats in each state and territory, the Coalition’s number of seats, the Coalition’s percentage of seats, the gains for the Coalition compared to the redistribution, the Coalition’s two-party vote, the swing to the Coalition in two-party terms, and the number of Labor seats.

Final seats won and votes cast in the House for each state and nationally.

Four of the six states recorded swings to the Coalition in the range from 0.9% to 1.6%. Victoria was the only state that swung to Labor, by 1.3%. Queensland had a 4.3% swing to the Coalition, far larger than any other state. Labor did well to win a majority of NSW seats despite losing the two-party vote convincingly.

Official turnout in the election was 91.9%, up 0.9% from 2016. Analyst Ben Raue says 96.8% of eligible voters were enrolled, the highest ever. That means effective turnout was 89.0% of the population, up 2.6%.

Education divide explains Coalition’s win

Not only did Steggall thump Abbott in Warringah, the electorate’s 9.0% swing to Labor on a two-party basis was the largest swing to Labor in the country. Abbott’s two-party vote percentage of 52.1% was by far the lowest for a conservative candidate against Labor since Warringah’s creation in 1922; the next lowest was 59.5% in 2007.

While Abbott did badly, other divisive Coalition MPs performed well. Barnaby Joyce won 54.8% of the primary vote in New England and gained a 1.2% two-party swing against Labor. Peter Dutton had a 3.0% two-party swing to him in Dickson, and George Christensen had a massive 11.2% two-party swing to him in Dawson, the second-largest for the Coalition nationally.

According to the 2016 census, 42% of those aged 16 and over in Warringah had at least a bachelor’s degree, compared with 22% in Australia overall. Just 13.5% had at least a bachelor’s degree in New England, 19% in Dickson and 12% in Dawson.

In Victoria, which swung to Labor, 24.3% of the population had at least a bachelor’s degree in 2016, the highest of any state in the nation.

The Grattan Institute has charted swings to Labor and the Coalition, taking into account wealth and tertiary education. Only polling booths in the top-income quintile swung to Labor; the other four income quintiles swung to the Coalition.

Areas with low levels of tertiary education swung strongly to the Coalition in NSW and Queensland, but less so in Victoria. There were solid swings to Labor in areas with high levels of tertiary education.

Some of the swings are explained by contrary swings in 2016, when the Coalition under Malcolm Turnbull performed relatively worse in lower-educated areas and better in higher-educated areas. However, Queensland’s 58.4% two-party vote for the Coalition was 1.4% better than at the 2013 election, even though the national result is 2.0% worse. The large swings to the Coalition in regional Queensland are probably partly due to the Adani coal mine issue.

Morrison’s appeal to lower-educated voters

Since becoming prime minister, Scott Morrison’s Newspoll ratings have been roughly neutral, with about as many people saying they are satisfied with him as those dissatisfied. After Morrison became leader, I suggested on my personal website that the Coalition would struggle with educated voters, and this occurred in the election. However, Morrison’s appeal to those with a lower level of education more than compensated.

In my opinion, the most important reason for the Coalition’s upset victory was that Morrison was both liked and trusted by lower-educated voters, while they neither liked nor trusted Labor leader Bill Shorten.

Earlier this month, The Guardian published a long report on the social media “death tax” scare campaign. While this and other Coalition scare campaigns may have had an impact on the result, they did so by playing into lower-educated voters’ distrust of Shorten. Had these voters trusted Shorten, such scare campaigns would have had less influence.




Read more:
Labor’s election loss was not a surprise if you take historical trends into account


Labor also ran scare campaign ads attacking Morrison for deals with Clive Palmer and Pauline Hanson. But I believe these ads failed to resonate because lower-educated voters liked Morrison better.

I think Morrison won support from the lower-educated because they are sceptical of “inner-city elites”. The Coalition leader emphasised his non-elite attributes during the campaign, such as by playing sport and going to church. Turnbull was perceived as a member of the elite, which could explain swings to Labor in lower-educated areas in 2016.

Parallels can be drawn to the 2017 election in the UK. Labour performed far better than expected in the election, reducing the Conservatives to a minority government when they were expected to win easily. Labour had adopted a pro-Brexit position, which may have sent a message to lower-educated voters that they could support the party.

This offers an option for Australian Labor to try to win back support from lower-educated voters: adopt a hardline immigration policy. Votes that Labor would lose to the Greens by doing this would likely be returned as preferences.

See also my similar article on how Donald Trump won the US 2016 presidential election.

The problem with the polls

The table below shows all national polls released in the final week compared to the election result. A poll estimate within 1% of the actual result is in bold.

Federal polls compared with election results, 2019.
Author provided

The polls did well on the One Nation and UAP votes, and were a little low on the Greens. The major source of error was that Labor’s vote was overstated and the Coalition’s was understated. Only Ipsos had Labor’s vote right, but it overstated the Greens vote by about three points – a common occurrence for Ipsos.

No poll since July 2018 had given the Coalition a primary vote of at least 40%. In the election, the Coalition parties received 41.4% of the vote.

As I said in my post-election write-up, it is likely that polls oversampled educated voters.




Read more:
Coalition wins election but Abbott loses Warringah, plus how the polls got it so wrong


Seat polls during the campaign were almost all from YouGov Galaxy, which conducts Newspoll. The Poll Bludger says these polls were, like the national polls, biased against the Coalition.

Analyst Peter Brent has calculated the two-party vote for all election-day and early votes. The gap between election day and early votes increased to 5.0% in 2019 from 4.6% in 2016. This does not imply that polls missed because of a dramatic late swing to the Coalition in the final days; it is much more likely the polls have been wrong for a long time.

Boris Johnson very likely to be Britain’s next PM, and left wins Danish election

I wrote for The Poll Bludger on June 14 that, after winning the support of 114 of the 313 Conservative MPs in the first round of voting, Boris Johnson is virtually assured of becoming the next British PM. Polls suggest he will boost the Conservative vote.

I also wrote on my personal website on June 6 about the left’s win in the Danish election. Also covered: a new Israeli election, the German Greens’ surge, and the left gaining a seat in the May 4 Tasmanian upper house periodical elections.The Conversation

Adrian Beaumont, Honorary Associate, School of Mathematics and Statistics, University of Melbourne

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

The royal commission’s final report has landed – now to make sure there is an adequate redress scheme



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The royal commission has handed down its final report – now the real work begins.
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Ben Mathews, Queensland University of Technology

The Royal Commission into Institutional Responses to Child Sexual Abuse has performed its task magnificently. Its scale, complexity and quality is unprecedented. Its work is already being acknowledged internationally as a model of best practice.

As a nation, we can be proud of the commissioners and their staff. We should acclaim the courage of all survivors, including those who informed the commissioners about their experiences, and we should honour those who have not lived to see this day.

We must recognise the integrity and strength of those who advocated for the inquiry, including survivors, their families, journalists and police. We should applaud former prime minister Julia Gillard for initiating the commission, and the current federal government for ensuring it was adequately resourced.

But this is not the end. The real work begins now. Australian governments and major social institutions now have not only the opportunity, but the responsibility, to create lasting social change. Their responses will be monitored here, including through requirements to report on their actions, and around the world.

The royal commission’s impact

This watershed inquiry has created the conditions for a seachange in how society deals with child sexual abuse in institutions, which can flow to our treatment of sexual abuse in other settings.

Our society’s leaders can build progress from the pain of former failings. Not meeting this responsibility would surely stick as a lifelong regret for those in positions to cement change. Fulfilling this imperative can leave a legacy of which these government and institutional leaders can be proud.

Substantial progress has already been made. The commission’s earlier reports have influenced important changes to civil justice systems, criminal justice systems, organisational governance, and prevention, including situational prevention in child and youth-serving organisations.

The Child Safe Standards now promoted by the commission are substantially embedded in legislation in several states, requiring organisations to adopt comprehensive measures to prevent, identify and respond appropriately to child sexual abuse.

Civil laws have been amended in most jurisdictions to allow claims for compensation, holding individuals and organisations accountable.

In some states, new requirements to report known and suspected cases apply through special “failure to report” and “failure to protect” offences in criminal laws. They also apply through separate reportable conduct schemes that add essential independent external oversight.


Read more: Royal commission recommends sweeping reforms for Catholic Church to end child abuse


Yet much remains to be done. The reforms already made in some states must be adopted elsewhere to create national consistency.

Accountability of individuals and organisations is essential to create cultural change, and needs to be achieved through both civil systems (such as following Western Australia’s recent bill enabling lawsuits against organisations that previously could not be sued, such as the Catholic Church), and criminal systems (for example, prosecuting those who harbour offenders, and removing criminal law principles that compromise criminal prosecutions).

Other state and territory mandatory reporting laws need to be harmonised, as recommended by the commission. Many of the commission’s new 189 recommendations are rightly directed towards prevention, especially through the Child Safe Standards, including their requirements for education, codes of conduct, situational prevention, and the commitment required of organisations’ leadership.

We must focus our efforts on the future, but we must also ensure we properly deal with the past. Perhaps the single most important aspect of this is the redress scheme.

What happens now with redress?

The national redress scheme is behind schedule and must be finalised with sufficient funding, and government and institutional commitment.

The bill for the scheme remains before parliament, awaiting a committee report due in March 2018. It is yet to receive the commitment of all states, territories, and relevant organisations.

The commission recommended the scheme be operational by July 1, 2017, with an upper cap of A$200,000 and an average redress payment of $65,000. Under the bill, the scheme’s cap is $150,000, substantially below the recommendation, and even further below the average payment awarded in Ireland of more than €60,000 (about A$92,200). In Ireland, the highest payment was more than €300,000 (about A$461,000).

The Australian scheme contains three elements. First, a monetary payment as tangible recognition of the wrong suffered by a survivor. Second, access to counselling and psychological services (estimated at an average of $5,500 per person). Third, if requested, a direct personal response from the responsible institution(s), such as an apology.

Not all survivors will apply to the scheme, as many are not financially motivated. However, it is an essential part of a healing response. This has been shown internationally in Canada, Ireland and elsewhere.

Redress schemes are more flexible and speedy, with less formality and cost, and less trauma and confrontation, than conventional legal proceedings. Payments are not intended to replicate the amount that would be payable under a formal civil compensation claim, and instead are far lower.

Accordingly, institutions should recognise the lower financial commitment required to discharge their ethical obligation to participate compared with their liability in formal civil compensation amounts, especially since recent reforms to civil statutes of limitation have removed time limits and allow a claim to be commenced at any time.

Ten key aspects of the proposed Australian scheme are:

  1. People are eligible to apply to the scheme if they experienced sexual abuse in an institution while they were a child, before July 1, 2018.

  2. A lower evidentiary threshold applies, meaning that eligibility for a redress payment is assessed on whether there was “a reasonable likelihood” the person suffered institutional sexual abuse as a child.

  3. Applicants who have received redress under another scheme or compensation through a settlement or court judgment are still eligible, but prior payments by the institution will be deducted from the amount of redress.

  4. Only one application per person can be made; where a person was abused in more than one institution, provisions enable the decision-maker to determine the appropriate share of each institution.

  5. Applicants can access legal assistance to help determine whether to accept the offer of redress.

  6. A person who accepts an offer of redress must sign a deed of release, meaning the institution(s) responsible for the abuse will not be subject to other civil liability.

  7. Payments are not subject to income tax.

  8. Reviews of decisions are limited to internal review, and not to merits review or judicial review.

  9. Criminal liability of offenders is not affected.

  10. The scheme is intended to open on July 1, 2018, and operate for ten years; applications need to be made at least 12 months before the closing date of June 30, 2028.


Read more: When it comes to redress for child sexual abuse, all victims should be equal


Five further factors need to be accommodated by the scheme to ensure it functions properly and complies with the clear recommendations of the royal commission.

  1. The upper cap should be $200,000 to ensure sufficient recognition of severe cases.

  2. To ensure equal access to the scheme, legal assistance must be made available to assist people in making applications.

  3. Governments and institutions should opt in as soon as possible and commit resources to discharge their duty to participate in the scheme.

  4. Governments – federal or state – should be the funder of last resort in all cases where the institution is unable to reimburse the Commonwealth (for example, where the institution no longer exists, or lacks resources to participate).

  5. The method of determining the amount of the payment, based on the severity of the abuse, its impact, and other relevant factors, must be made available as soon as possible so it can be adequately debated.

The commission’s work contributes a historic, international legacy. The sexual abuse of children in institutions will be revealed in more nations in coming years. This will involve some of the same religious institutions in which it has been found here to be so prevalent, and so heinously concealed and facilitated. Simply due to population, countless children will be shown to be affected.

The ConversationFor this reason, our governments and institutions must now ensure their actions add to the royal commission’s example, and demonstrate to other countries how civilised societies should respond.

Ben Mathews, Professor, School of Law, Queensland University of Technology

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

Boston Bombings: Final Suspect in Custody


The link below is to an article reporting on the capture of the final suspect in the Boston bombing incident.

For more visit:
http://www.guardian.co.uk/world/2013/apr/20/boston-suspect-dzhokhar-tsarnaev-captured-alive

Cricket: Australia – Australia Defeat India 4 Zip and the Big Bash 2012 Final


What a great day for Australian Cricket, with Australia wrapping up the test series against India 4 – 0 and the hugely successful 1st season of the Twenty20 Big Bash being completed tonight, with the Sydney Sixers defeating the Perth Scorchers.

It has been a massive day of cricket, with Michael Clarke, Ricky Ponting, David Warner, Peter Siddle and Co, playing great cricket in the series win against India. Who will forget the massive triple century of Michael Clarke, the partnerships of Clarke and Ponting, the dominance of Australia’s bowling attack and the capitulation of the Indian team under relentless pressure from Australia. Both Shaun Marsh and Brad Haddin should be concerned about their immediate future in the team, with poor performances by them both throughout the series. Both Ponting and Michael Hussey silenced their critics with very solid performances in the series and David Warner has cemented his place in the team for the time being.

India however were very disappointing and several big name players should be looking at retirement – if not, they should perhaps be replaced. All the big names struggled, none more than Dravid and Laxman. Even Sachin Tendulkar struggled and at no time did it seem likely he would make his 100th international hundred.

The Big Bash Final win for the Sydney Sixers was set up right from the beginning with a brilliant first over by Brett Lee. It was a brilliant opening partnership between Moses Henriques and Steve O’Keefe that ensured the Sixers could chase down the total set by the Scorchers comfortably.

For more visit:
http://www.cricket.com.au/news-list/2012/1/28/australia-seal-whitewash

http://www.bigbash.com.au/
http://www.espncricinfo.com/big-bash-league-2011/content/story/551379.html

Prospects Dim for Religious Freedom in Nepal


Right to share faith could harm Nepal’s Hindu identity, lawmakers believe.

KATHMANDU, Nepal, March 29 (CDN) — A new constitution that Nepal’s parliament is scheduled to put into effect before May 28 may not include the right to propagate one’s faith.

The draft constitution, aimed at completing the country’s transition from a Hindu monarchy to a secular democracy, contains provisions in its “religious freedom” section that prohibit anyone from converting others from one religion to another.

Most political leaders in the Himalayan country seemed unaware of how this prohibition would curb religious freedom.

“Nepal will be a secular state – there is no other way,” said Sushil Koirala, president of the Nepali Congress, Nepal’s “Grand Old Party,” but he added that he was not aware of the proposal to restrict the right to evangelism.

“Forcible conversions cannot be allowed, but the members of the Constituent Assembly [acting parliament] should be made aware of [the evangelism ban’s] implications,” Koirala, a veteran and one of the most influential politicians of the country, told Compass.

Gagan Thapa, another leader of the Nepali Congress, admitted that banning all evangelistic activities could lead to undue restrictions.

“Perhaps, the words, ‘force, inducement and coercion’ should be inserted to prevent only unlawful conversions,” he told Compass.

Man Bahadur Bishwakarma, also from the Nepali Congress, said that of all the faith communities in Nepal, Christians were most active in converting others, sometimes unethically.

“There are problems in Hinduism, such as the caste hierarchy, but that doesn’t mean you should convert out of it,” he said. “I believe in reforming one’s religion.”

Asked if the restriction on converting others violated the International Covenant on Civil and Political Rights (ICCPR), Akal Bahadur of the Unified Communist Party of Nepal (Maoist) said, “It may, but there was a general consensus on it [the prohibition]. Besides, it is still a draft, not the final constitution.”

Nepal signed the ICCPR on May 14, 1991. Article 18 of the ICCPR includes the right to manifest one’s religion, which U.N. officials have interpreted as the right to evangelistic and missionary activities.

Akal Bahadur and Thapa are members of the Committee on Fundamental Rights and Directive Principles, which was tasked to propose the scope of religious freedom and other rights in the draft constitution. This committee, one of 11 thematic panels, last year submitted a preliminary draft to the Assembly suggesting that a person should be allowed to decide whether to convert from one religion to another, but that no one should convert anyone else.

Binda Pandey, chairperson of the fundamental rights committee and member of the Communist Party of Nepal (Unified Marxist Leninist), told Compass that it was now up to the Assembly to decide whether this provision violates religious freedom.

The Constitution Committee is condensing the preliminary drafts by all the committees as one draft constitution. At least 288 contentious issues arose out of the 11 committees, and the Constitution Committee has resolved 175 of them, Raju Shakya of the Kathmandu-based Centre for Constitutional Dialogue (CCD) told Compass.

The “religious freedom” provision with its ban on evangelism did not raise an eyebrow, however, as it is among the issues listed under the “Area of Agreement” on the CCD Web site.

Once compiled, the draft constitution will be subject to a public consultation, after which another draft will be prepared for discussion of clauses in the Constitutional Assembly; provisions will be implemented on a two-thirds majority, Shakya said.

 

Hindu Identity

Thapa of the fundamental rights committee indicated that religious conversion could become a contentious issue if the proposed restriction is removed. Even the notion of a secular state is not wholly accepted in the country.

“If you hold a referendum on whether Nepal should become a secular state, the majority will vote against it,” Thapa said.

Most Hindus see their religion as an essential part of the country’s identity that they want to preserve, he added.

Dr. K.B. Rokaya, the only Christian member of Nepal’s National Commission for Human Rights, said Nepal’s former kings created and imposed a Hindu identity for around 240 years because it suited them; under the Hindu ethos, a king should be revered as a god. Most of the numerous Hindu temples of Nepal were built under the patronage of the kings.

Rokaya added that Christians needed to be more politically active. The Assembly does not have even one Christian member.

According to the 2001 census, over 80 percent of Nepal’s 30 million people are Hindu. Christians are officially .5 percent, but their actual number is believed to be much higher.

Nepal was the world’s only Hindu kingdom until 2006, when a people’s movement led by former Maoist guerrillas and supported by political parties, including the Nepali Congress and the Unified Marxist Leninist, ousted King Gyanendra.

An interim constitution was enacted in 2007, and the Constituent Assembly was elected through Nepal’s first fully democratic election a year later. The Assembly was supposed to promulgate a new constitution by May 28, 2010, but its term was extended by one year.

It is still uncertain, however, whether the approaching deadline will be met due to persistent disagreements among parties. The Maoist party has 220 members, the Nepali Congress 110, and the Unified Marxist Leninist 103 in the 575-member Assembly.

Rokaya, a member of the newly formed United Christians Alliance of Nepal, comprising a majority of Christian denominations, said Christians would continue to ask for full religious freedom. The use of inducement or force for conversions is deplorable, but the right to preach the tenets of one’s religion is a fundamental freedom, he added.

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

Police in Sudan Aid Muslim’s Effort to Take Over Church Plot


With possibility of secession by Southern Sudan, church leaders in north fear more land grabs.

NAIROBI, Kenya, October 25 (CDN) — Police in Sudan evicted the staff of a Presbyterian church from its events and office site in Khartoum earlier this month, aiding a Muslim businessman’s effort to seize the property.

Christians in Sudan’s capital city told Compass that police entered the compound of the Sudan Presbyterian Evangelical Church (SPEC) on Oct. 4 at around 2 p.m. and ordered workers to leave, claiming that the land belonged to Muslim businessman Osman al Tayeb. When asked to show evidence of Al Tayeb’s ownership, however, officers failed to produce any documentation, the sources said.

The church had signed a contract with al Tayeb stipulating the terms under which he could attain the property – including providing legal documents such as a construction permit and then obtaining final approval from SPEC – but those terms remained unmet, church officials said.

Church leader Deng Bol said that under terms of the unfulfilled contract, the SPEC would turn the property over to al Tayeb to construct a business center on the site, with the denomination to receive a share of the returns from the commercial enterprise and regain ownership of the plot after 80 years.

“But the investor failed to produce a single document from the concerned authorities” and therefore resorted to police action to secure the property, Bol said.

SPEC leaders had yet to approve the project because of the high risk of permanently losing the property, he said.

“The SPEC feared that they were going to lose the property after 80 years if they accepted the proposed contract,” Bol said.

SPEC leaders have undertaken legal action to recover the property, he said. The disputed plot of 2,232 square meters is located in a busy part of the heart of Khartoum, where it has been used for Christian rallies and related activities.

“The plot is registered in the name of the church and should not be sold or transfered for any other activities, only for church-related programs,” a church elder who requested anonymity said.

The Rev. Philip Akway, general secretary of the SPEC, told Compass that the government might be annoyed that Christian activities have taken place there for many decades.

“Muslim groups are not happy with the church in north Sudan, therefore they try to cause tension in the church,” Akway told Compass.

The policeman leading the officers in the eviction on Oct. 4 verbally threatened to shoot anyone who interfered, Christian sources said.

“We have orders from higher authorities,” the policeman shouted at the growing throng of irate Christians.

A Christian association called Living Water had planned an exhibit at the SPEC compound on Oct. 6, but an organization leader arrived to find the place fenced off and deserted except for four policemen at the gate, sources said.

SPEC leaders said Muslims have taken over many other Christian properties through similar ploys.

“We see this as a direct plot against their churches’ estates in Sudan,” Akway said.

The Rev. John Tau, vice-moderator for SPEC, said the site where Al Tayeb plans to erect three towers was not targeted accidentally.

“The Muslim businessman seems to be targeting strategic places of the church in order to stop the church from reaching Muslims in the North Sudan,” Tau said.

The unnamed elder said church leaders believe the property grab came in anticipation of the proposed north-south division of Sudan. With less than three months until a Jan. 9 referendum on splitting the country according to the Comprehensive Peace Agreement of 2005, SPEC leaders have taken a number of measures to guard against what it sees as government interference in church affairs.

Many southern Sudanese Christians fear losing citizenship if south Sudan votes for secession in the forthcoming referendum.

A top Sudanese official has said people in south Sudan will no longer be citizens of the north if their region votes for independence. Information Minister Kamal Obeid told state media last month that south Sudanese will be considered citizens of another state if they choose independence, which led many northern-based southern Sudanese to begin packing.

At the same time, President Omar al-Bashir promised full protection for southern Sudanese and their properties in a recent address. His speech was reinforced by Vice President Ali Osman Taha’s address during a political conference in Juba regarding the signing of a security agreement with First Vice President Salva Kiir Mayardit (also president of the semi-autonomous Government of Southern Sudan), but Obeid’s words have not been forgotten.

Akway of SPEC said it is difficult to know what will become of the property.

“Police continue to guard the compound, and nobody knows for sure what the coming days will bring,” Akway said. “With just less than three months left for the South to decide its fate, we are forced to see this move as a serious development against the church in Sudan.”

Report from Compass Direct News

NRL Final Series: Then There Were Four


The NRL Final Series in Australian Rugby League is now down to only four teams in the race for the 2010 premiership. The four teams remaining are St George Illawarra Dragons, The Gold Coast Titans, West Tigers and the Sydney City Roosters.

This weekend has seen the West Tigers defeat the Canberra Raiders and the Sydney City Roosters defeat the Penrith Panthers.

Next weekend will see the Sydney City Roosters against the Gold Coast Titans and the West Tigers against Saint George Illawarra Dragons. The winners of these two matches go through to the Grand Final decider.