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.

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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.

NRL Finals Series: Manly and New Zealand Gone – 6 Teams Remain


The first weekend of the NRL final series has seen both the Manly Sea Eagles and the New Zealand Warriors eliminated from the competition. Remaining in the competition are St. George Dragons, Gold Coast Titans, Sydney Roosters, Canberra Raiders, Penrith Panthers and the West Tigers.

In week 2 of the final series St. George and the Gold Coast Titans get the weekend off.

Next weeks elimination matches will be between the Sydney Roosters and Penrith Panthers, and the Canberra Raiders and the West Tigers.

 

Indonesian Muslims Call for Halt to ‘Christianization’


Forum highlights religious tensions in Bekasi, West Java.

DUBLIN, July 2 (CDN) — Muslim organizations in Bekasi, West Java, on Sunday (June 27) declared their intention to establish paramilitary units in local mosques and a “mission center” to oppose “ongoing attempts to convert people to Christianity,” according to the national Antara news agency.

At a gathering at the large Al Azhar mosque, the leaders of nine organizations announced the results of a Bekasi Islamic Congress meeting on June 20, where they agreed to establish a mission center to halt “Christianization,” form a Laskar Pemuda youth army and push for implementation of sharia (Islamic law) in the region, The Jakarta Post reported.

“If the Muslims in the city can unite, there will be no more story about us being openly insulted by other religions,” Ahmad Salimin Dani, head of the Bekasi Islamic Missionary Council, announced at the gathering. “The center will ensure that Christians do not act out of order.”

Observing an increasing number of house churches, Muslim organizations have accused Bekasi Christians of aggressive proselytizing. The Rev. Simon Timorason of the West Java Christian Communication Forum (FKKB), however, told Compass that most Christians in the area do not proselytize and meet only in small home fellowships due to the lack of officially recognized worship venues.

Many Christian seminary graduates prefer to remain on Java rather than relocate to distant islands, Timorason added, making West Java the ideal place to launch new home-based fellowships for different denominations. But neighbors see only the multiplication of churches, he said, and therefore suspect Muslims are converting to the Christian faith.

“The ideal solution is to have one building with a permit to be used by different denominations in each housing complex,” Timorason said. “If every denomination wants their own church in the same area, it’s a problem.”

 

Declaration of Intent

Kanti Prajogo, chairman of the Congress committee, had hoped to present a written declaration of intent to city officials at the mosque gathering, but officials did not respond to his invitation, according to The Jakarta Post.

Around 200 people attended the June 20 Congress, representing local organizations such as the Bekasi Interfaith Dialogue Forum, the Bekasi Movement Against Apostasy, the local chapters of Muhammadiyah and the Indonesian Ulema Council (MUI) – two of Indonesia’s largest Muslim organizations – and the Islamic Defenders Front (FPI), well known for its aggressive opposition to Christians and other non-Muslim groups.

Government officials on Monday (June 28) called for the FPI to be declared a forbidden organization, claiming that FPI members were implicated in “too many” violent incidents.

“We are not concerned about their mission,” legislator Eva Kusuma Sundari reportedly said at a press conference in Jakarta, “but we are concerned about the way they implement their goals.”

A spokesman for another large organization, Nahdlatul Ulama (NU), said Tuesday (July 28) that despite one member being present at the congress in an unofficial capacity, NU had not approved the joint declaration, contradicting a statement made the previous day by Bekasi NU official Abul Mutholib Jaelani, who told The Jakarta Post that he had asked all 56 NU branches in the city to contribute at least 10 members to the youth army.

 

Contributing to Religious Conflict

Rapid residential and industrial development has created huge social problems in Bekasi. Sociologist Andi Sopandi of Bekasi Islamic University told The Jakarta Post that the call for sharia was a warning signal, and that local officials should urgently pursue dialogue between Muslim and Christian leaders.

Locals and newcomers will get along well only if they share similar basic values, particularly religious ones, Sopandi reportedly said, pointing to sharp disputes over the Filadelfia Huria Kristen Batak Protestan (HKBP) church in Jejalen Jaya sub-district earlier this year as an example.

A neighbor of the church confessed to The Jakarta Post that local clerics had asked him and other residents to sign a petition against constructing the HKBP church building and threatened not to pray at their funerals if they failed to cooperate; the majority of his neighbors signed the document under duress.

Under a 2006 Joint Ministerial Decree (SKB), at least 60 local residents must approve the establishment of a house of worship, whether a mosque or a church. The congregation must also have at least 90 members and obtain letters of recommendation from the local interfaith communication forum (FKUB) and religious affairs office before gaining final approval from district officials.

These terms make it virtually impossible for churches in Bekasi to obtain building permits. Bekasi regency has a population of 1.9 million, of which 98.2 percent are Muslim, according to 2006 data from the Bekasi Regency Religious Affairs office. Protestants, who form 0.67 percent (approximately 12,700 people) of the population, and Catholics who make up 0.55 percent, are served by only 16 officially recognized churches in seven of the 23 sub-districts.

Sudarno Soemodimedjo, deputy chief of the Bekasi FKUB, told The Jakarta Post in February that even if a church construction committee gained the approval of 60 local residents, the FKUB would not issue a letter of recommendation if there were any public objections.

“The SKB orders us to maintain public order, which means we have to refuse the establishment of a house of worship we believe may trigger a conflict in the future,” he said.

As a result, many Christians meet in unrecognized worship venues, giving Muslim groups legal grounds to oppose church gatherings.

“If the SKB was applied consistently, many mosques that were built without permits would have to close,” Timorason told Compass.

The government wants each new settlement to have a place of worship, he added, “but it’s always a mosque. There should be one of each to be fair.”

“Violations against freedom of religion remain rampant [in Indonesia],” confirmed the chairman of the Setara Institute for Democracy and Peace, who goes by the single name of Hendardi, at a press conference announcing the release of its January 2010 “Report on the Condition of Religious and Faith Freedom in Indonesia.”

“This is mostly because the government is half-hearted in its upholding of the right to worship,” he said.

Of 139 violations recorded by the institute last year, West Java took first place with 57 incidents, followed closely by Jakarta at 38.

Report from Compass Direct News