How a charter of rights could protect Australians’ fundamental freedoms

Concerns have been raised about whether Australia adequately protects human rights given multiple reports of abuses, including mistreatment of juvenile detainees.
AAP/Lucy Hughes Jones

George Williams, UNSW and Daniel Reynolds, UNSW

Australia’s record of human rights protection in areas such as Indigenous people, asylum seekers and freedom of speech are perennial topics of debate. The focus of these discussions is now shifting to whether Australia can take steps to establish a stronger legal framework for protecting human rights.

One reason for this is Australia is in the final stages of defending its record in a bid to secure a seat on the UN Human Rights Council. Another is that Australia’s recent experience on human rights is beset with deep flaws and inconsistencies.

Matters of concern

Concerns have been raised about whether human rights are adequately protected in the wake of reports of mistreatment of juvenile detainees in the Northern Territory, the endemic issue of elder abuse, and the startling prevalence of modern slavery in Australia.

Each of these issues has prompted federal inquiries. And there are still many more human rights issues that have not moved the government to act. These include the treatment of asylum seekers at regional processing centres, and the inexplicable jailing, sometimes for up to ten years, of people charged with crimes for which they are deemed unfit to stand trial because they suffer from mental illness.

The outgoing president of the Australian Human Rights Commission, Gillian Triggs, was right when she said Australia’s human rights record is “regressing on almost every front”.

Another disturbing trend is the speed with which Australian parliaments are enacting laws that diminish human rights.

In 2016, the chief justice of the New South Wales Supreme Court, Tom Bathurst, found 52 examples of laws in that state alone that impinged on the presumption of innocence.

In February this year, the Institute of Public Affairs think-tank identified 307 laws that infringed just four rights: the presumption of innocence, natural justice, the right to silence, and the privilege against self-incrimination.

Another 2016 study found 350 current laws that infringe democratic rights such as freedom of speech.

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Further reading: Australia doesn’t have a constitutional right protecting freedom of the person – it needs one

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How a charter might work

Against this backdrop, many argue the time has come for Australia to adopt a national charter of rights. Australia is the only democratic nation in the world without such a national law.

The idea has been gaining traction, particularly at the state and territory level. The Queensland government recently announced it would enact a human rights act, based on the ACT and Victorian models, which have been in force for 13 and 11 years respectively. There are also pushes for NSW and Tasmania to adopt such legislation.

These developments raise the questions: if a charter or human rights act was to be enacted at the national level, what would it look like? And how would it protect human rights?

Our new book, A Charter of Rights for Australia, discusses what such a charter would look like at the national level, and explains how it could benefit Australians.

The starting point should not be a constitutionally entrenched bill of rights in the vein of the US Bill of Rights.

Instead, a charter of rights for Australia should be enacted by parliament as ordinary legislation. This would have the advantage of flexibility: future parliaments would be able to update the charter as needed to match changing community values and expectations.

A charter of rights in this form would not transfer sovereignty from parliament to the courts, and would not give courts the power to strike down laws.

Rather, following the models adopted in the ACT, Victoria and the UK, the courts’ role should be modest, limited to functions such as endeavouring to interpret legislation consistently with human rights, and identifying laws that breach human rights and which parliament should consider again.

This model puts the focus on improving human rights protection by way of parliament making good laws and government agencies applying those laws fairly.

One useful feature of the ACT and Victoria charters is that parliamentary committees scrutinise proposed laws for compatibility with human rights prior to being passed. For example, in 2014 alone, the ACT government moved almost 100 amendments to seven bills in response to comments and suggestions made by its human rights parliamentary committee.

The existence of a charter of rights can make it more likely that human rights concerns are raised – and fixed – before a law is passed.

The primary responsibility for ensuring human rights are protected under a charter should fall to the government, rather than the courts. The Australian Federal Police, for example, would have day-to-day responsibility for applying human rights in protecting the community from crime and safeguarding the rights of the accused.

This would mean that if the police chose to detain you as part of an anti-terrorism operation, it would be their responsibility to ensure you are treated humanely while detained. And the charter would provide for consequences should they fall short.

Finally, like instruments such as the Universal Declaration of Human Rights, a charter of rights could also have a symbolic force that would promote important values like freedom, community responsibility and cultural diversity.

One of the most important contributions a charter of rights can make is not the benefit it brings to the small number of people who succeed in invoking rights in court. Rather, its main value lies in how it can be used to educate, shape attitudes and bring hope and recognition to people who are otherwise powerless.

George Williams, Dean, Anthony Mason Professor and Scientia Professor, UNSW Law School, UNSW and Daniel Reynolds, Legal Researcher, UNSW

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

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

Burma’s Ethnic Christians Fear Bleak Future after Election

Military hostilities against insurgents may result in Christian casualties and persecution.

CHIANG MAI, Thailand, October 22 (CDN) — With Burma’s first election in over 20 years just two weeks away, Christians in ethnic minority states fear that afterward the military regime will try to “cleanse” the areas of Christianity, sources said.

The Burmese junta is showing restraint to woo voters in favor of its proxy party, the Union Solidarity and Development Party (USDP), but it is expected to launch a military offensive on insurgents in ethnic minority states after the Nov. 7 election, Burma watchers warned.

When Burma Army personnel attack, they do not discriminate between insurgents and unarmed residents, said a representative of the pro-democracy Free Burma Rangers relief aid group in Chiang Mai, close to the Thai-Burma border. There is a large Christian population in Burma’s Kachin, Karen and Karenni states along the border that falls under the military’s target zone. Most of the slightly more than 2 million Christians in Burma (also called Myanmar) reside along the country’s border with Thailand, China and India.

The military seems to be preparing its air force for an offensive, said Aung Zaw, editor of the Chiang Mai-based magazine Irrawaddy, which covers Burma. The Burmese Air Force (BAF) bought 50 Mi-24 helicopters and 12 Mi-2 armored transport helicopters from Russia in September, added Zaw, a Buddhist.

Irrawaddy reported that the BAF had procured combat-equipped helicopters for the first time in its history. Air strikes will be conducted “most likely in Burma’s ethnic areas, where dozens of armed groups still exert control,” the magazine reported, quoting BAF sources.

“Armed conflicts between ethnic armies and the military can flare up any time,” said Zaw. “However, to boost the morale of its personnel, the military is expected to attack smaller ethnic groups first, and then the more powerful ones.”

Seven states of Burma have armed and unarmed groups demanding independence or autonomy from the regime: Shan, Karenni (also known as Kayah), Karen, Mon, Chin, Kachin, and Arakan (also Rakhine).

The junta has designated many areas in this region as “Black Zones” – entirely controlled by armed ethnic groups – and “Brown Zones,” where the military has partial control, said the source from FBR, which provides relief to internally displaced people in states across the Thai-Burma border.

“There are many unarmed Christian residents in these zones where Burmese military personnel attack and kill anyone on sight,” the source said.

A Karen state native in Chiang Mai who identified himself only as Pastor Joseph, who fled Burma as a child, referred to the junta’s clandestine campaign to wipe out Christians from the country. At least four years ago a secret memo circulated in Karen state, “Program to Destroy the Christian Religion in Burma,” that carried “point by point instructions on how to drive Christians out of the state,” reported the British daily Telegraph on Jan. 21, 2007.

“The text, which opens with the line, ‘There shall be no home where the Christian religion is practiced,’ calls for anyone caught evangelizing to be imprisoned,” the Telegraph reported. “It advises: ‘The Christian religion is very gentle – identify and utilize its weakness.’”

Persecution of Christians in Burma “is part of a wider campaign by the regime, also targeted at ethnic minority tribes, to create a uniform society in which the race and language is Burmese and the only accepted religion is Buddhism,” the daily noted.

The junta perceives all Christians in ethnic minority states as insurgents, according to the FBR. Three months ago, Burma Army’s Light Infantry Battalions 370 and 361 attacked a Christian village in Karen state, according to the FBR. In Tha Dah Der village on July 23, army personnel burned all houses, one of the state’s biggest churches – which was also a school – and all livestock and cattle, reported the FBR.

More than 900 people fled to save their lives.

 

Vague Religious Freedom

The Burmese regime projects that close to 70 percent of the country’s population is ethnic Burman. Ethnic minorities dispute the claim, saying the figure is inflated to make a case for Burman Buddhist nationalism.

The new constitution, which will come into force with the first session of parliament after the election, was passed through a referendum in May 2008 that was allegedly rigged. It provides for religious freedom but also empowers the military to curb it under various pretexts.

Article 34 states, “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practice religion subject to public order, morality or health and to the other provisions of this Constitution.” Article 360 (a), however, says this freedom “shall not include any economic, financial, political or other secular activities that may be associated with religious practice,” apparently to bar religious groups from any lobbying or advocacy.

Further, Article 360 (b) goes on to say that the freedom “shall not debar the Union from enacting law for the purpose of public welfare and reform.”

Adds Article 364: “The abuse of religion for political purposes is forbidden. Moreover, any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution. A law may be promulgated to punish such activity.”

Furthermore, Article 382 empowers “the Defense Forces personnel or members of the armed forces responsible to carry out peace and security” to “restrict or revoke” fundamental rights.

The Burmese junta is expected to remain at the helm of affairs after the election. The 2008 constitution reserves one-fourth of all seats in national as well as regional assemblies for military personnel.

A majority of people in Burma are not happy with the military’s USDP party, and military generals are expected to twist the results in its favor, said Htet Aung, chief election reporter at Irrawaddy.

Khonumtung News Group, an independent Burmese agency, reported on Oct. 2 that most educated young Burmese from Chin state were “disgusted” with the planned election, “which they believe to be a sham and not likely to be free and fair.”

They “are crossing the border to Mizoram in the northeast state of India from Chin state and Sagaing division to avoid participating,” Khonumtung reported. “On a regular basis at least five to 10 youths are crossing the border daily to avoid voting. If they stay in Burma, they will be coerced to cast votes.”

There is “utter confusion” among people, and they do not know if they should vote or not, said Aung of Irrawaddy. While the second largest party, the National Unity Party, is pro-military, there are few pro-democracy and ethnic minority parties.

“Many of the pro-democracy and ethnic minority candidates have little or no experience in politics,” Aung said. “All those who had some experience have been in jail as political prisoners for years.”

In some ethnic minority states, the USDP might face an embarrassing defeat. And this can deepen the military’s hostility towards minorities, including Christians, after the election, added Aung.

For now, an uneasy calm prevails in the Thai-Burma border region where most ethnic Christians live.

Report from Compass Direct News

Alleged ‘Middleman’ Arrested in Malatya, Turkey Murders

Two key witnesses’ testimonies connect suspects to higher-level ‘masterminds.’

ISTANBUL, October 21 (CDN) — A court in southeast Turkey on Friday (Oct. 15) ordered the arrest of a suspected “middleman” linking the murder of three Christian men to alleged high-level masterminds.

The arrest order came after the testimonies of a former prison inmate and an incarcerated ex-gendarmerie intelligence worker at Friday’s hearing. Journalist Varol Bulent Aral – one of the suspected “middlemen” who allegedly incited five young men to stab to death Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske at the Zirve Publishing Co. in Malatya – was re-arrested at the hearing.  

The three Christians were bound and tortured before they were murdered on April 18, 2007, at the Christian publishing house, where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught trying to escape from the scene of the crime.

Attorneys said the last hearing of the Malatya murders was productive in tracing links between the five murderers and political masterminds whom prosecution lawyers claim are behind the slayings. A key witness, Orhan Kartal, was instrumental in proving that Aral was behind the murders, lawyers said.

“Not only this witness, but Emre also accused Aral before and then changed his statement,” said one of the prosecuting lawyers, Orhan Kemal Cengiz. “Before he retracted his statement, he gave details that couldn’t have been fabricated. So from the beginning we saw Aral was involved but couldn’t prove it.”

Kartal spent two months in prison with Aral in Adiyaman in 2008, where they were both held for crimes not related to the Zirve murders. Kartal said that while in prison together Aral detailed how he had planned the attack on the Zirve publishing house by psychologically preparing the five young murderers for the gruesome act. According to Kartal, Aral said he gave the young men the weapons they used to kill the three Christians.

In Kartal’s account, Aral also claimed that there was a higher figure behind him, retired Gen. Veli Kucuk. This year Aral completed his previous prison sentence. He is now again in prison as a key suspect in the Malatya murders.

In a previous statement, Aral had complained that retired Gen. Kucuk had threatened him about testifying. Gen. Kucuk has been arrested in connection with Ergenekon, a loose collection of ultra-nationalist generals, businessmen, mafia and journalists who planned to destabilize the government. Evidence in Malatya hearings over the past three years suggests that the murders were instigated by Ergenekon.

Aral has also been implicated in the Ergenekon case, the hearings of which are underway.

Prosecutors believe the Malatya murders are directly linked with a military operation called the Cage Plan within the scope of Ergenekon activities. A document entitled “Cage Plan,” found on a retired general’s computer, described assassinations that targeted the country’s small Christian communities. The document referred to the Malatya murders as a “successful operation.”

A second witness, Erhan Ozen, also in prison for other offenses, worked for the clandestine Gendarmerie Intelligence Organization (JITEM). He said that as early as 2004, JITEM personnel were planning the Malatya murders and the assassination of Armenian editor Hrant Dink.

Ozen said that after a meeting, some co-workers talked about how they were organizing an operation against the three Christians in Malatya in an effort to portray the state as ineffectual. He also testified that the rector of the local university and JITEM were monitoring the activities of the three Christian men.

“He was convincing because he gave many details that were coherent and that confirm each other, so his testimony seems to me authentic,” attorney Cengiz said. “But of course, we will see.”

In April the Malatya court added the Cage Plan indictment to its case file.

Prosecuting lawyer Erdogan Dogan told Compass that this is clear evidence linking the Malatya murders to the Cage Plan. For almost a year, prosecution lawyers have tried to make the case that the two court cases should be merged.

“We had progress in the case,” Dogan said of the two testimonies on Friday. “They might decide to join the two cases in the next court hearing.”

Judges had found the phone numbers of ultranationalist lawyer Kemal Kerincsiz and Sevgi Erenerol, spokesperson for the Turkish Orthodox Church – a Turkish nationalist denomination –in Aral’s personal phone book. Both figures are accused of playing leading roles in Ergenekon and spearheaded prosecution of Christians Hakan Tastan and Turan Topal for speaking to people about their faith.

This week various media released autopsy pictures and images of police videos showing the five suspects as they walk through the blood-stained Zirve office explaining how they committed the crime.

Lawyers said they did not know who leaked these to the press, but they didn’t think the images would affect the case.

“These will, however, show the country how the young men were incited and murdered the men, full of racism and hatred,” said Dogan. “This will be obvious and should be noted. The state needs to urgently address the fact that these youngsters, or anyone, can become so filled with racism and hatred.”

He said that acceptance and tolerance of other people’s thoughts and beliefs is fundamental, and that the state should teach these values to its people.  

The next hearing of the Malatya murders case is on Dec. 3.

Report from Compass Direct News

Christian in Bhutan Imprisoned for Showing Film on Christ

Court sentences him to three years on dubious charge of ‘attempt to promote civil unrest.’

NEW DELHI, October 18 (CDN) — A court in predominantly Buddhist Bhutan has sentenced a Christian to three years in prison for “attempting to promote civil unrest” by screening films on Christianity.

A local court in Gelephu convicted Prem Singh Gurung, a 40-year-old ethnic Nepalese citizen from Sarpang district in south Bhutan, on Oct. 6, according to the government-run daily Kuensel.

Gurung was arrested four months ago after local residents complained that he was showing Christian films in Gonggaon and Simkharkha villages in Jigmecholing block. Gurung invited villagers to watch Nepali movies, and between each feature he showed films on Christianity.

Government attorneys could not prove “beyond reasonable doubt” that Gurung promoted civil unrest, and therefore “he was charged with an attempt to promote civil unrest,” the daily reported.

Gurung was also charged with violation of the Bhutan Information, Communication and Media Act of 2006. Sections 105(1) and 110 of this law require that authorities examine all films before public screening.

A Christian from Bhutan’s capital, Thimphu, told Compass that the conviction of Gurung disturbed area villagers.

While Gurung has the right to appeal, it remained unclear if he had the resources to take that course.

Both Gonggaon and Simkharkha are virtually inaccessible. It can take up to 24 and 48 hours to reach the villages from the nearest road.

“Both villages do not have electricity,” the daily reported. “But Prem Singh Gurung, with the help of some people, is believed to have carried a projector and a generator to screen the movies in the village.”

Over 75 percent of the 683,407 people in Bhutan are Buddhist, mainly from western and eastern parts. Hindus, mostly ethnic Nepalese from southern Bhutan, are estimated to be around 22 percent of the population.

It is also estimated that around 6,000 Bhutanese, mostly from south, are Christian in this landlocked nation between India and China. However, their presence is not officially acknowledged in the country. As a result, they practice their faith from the confines of their homes, with no Christian institution officially registered.

Buddhism is the state religion in Bhutan, and the government is mandated to protect its culture and religion according to the 2008 constitution. As in other parts of South Asia, people in Bhutan mistakenly believe that Christianity is a Western faith and that missionaries give monetary benefits to convert people from other religions.

Yesterday’s Kuensel published an opinion piece by a Bhutanese woman from New York who described herself as “an aspiring Buddhist” condemning both the conviction of Gurung and Christian “tactics.”

“Although we may not like the tactics used by the Christians to proselytize or ‘sell’ their religion to impoverished and vulnerable groups, let’s not lose sight of the bigger picture, in terms of religious tolerance, and what constitutes ‘promoting civil unrest,’” wrote Sonam Ongmo. “If we truly want to establish ourselves as a well-functioning democracy, with equal rights for all, let’s start with one of the fundamental ones – the right to choose one’s faith. We have nothing to worry about Buddhism losing ground to Christianity, but we will if, as a predominantly Buddhist state, we start to deny people the right to their faith.”

While her view is representative of liberal Buddhists in Bhutan, a reader’s response in a forum on Kuensel’s website reflected the harder line.

“These Christians are a cancer to our society,” wrote a reader identifying himself as The Last Dragon. “They had crusades after crusades – we don’t need that. We are very happy with Buddhism. Once Christianity is perfect – as they always claim [it] to be, then let’s see.”

In July, the government of Bhutan proposed an amendment in the Penal Code of Bhutan which would punish “proselytizing” that “uses coercion or other forms of inducement.” (See,  “Buddhist Bhutan Proposes ‘Anti-Conversion’ Law,” July 21.)

Christian persecution arose in Bhutan in the 1980s, when the king began a “one-nation, one-people” campaign to “protect the country’s sovereignty and cultural integrity.” Ethnic Nepalese, however, protested the move on grounds of discrimination. Authorities responded militarily, leading to the expulsion or voluntary migration of over 100,000 ethnic Nepalese, many of whom were secret Christians, to the Nepal side of the border in Jhapa in the early 1990s.

An absolute monarchy for over 100 years, Bhutan became a democratic, constitutional monarchy in March 2008, in accordance with the wish of former King Jigme Singye Wangchuck, who served from 1972 to 2006. Since the advent of democracy, the country has brought in many reforms. It is generally believed that the government is gradually giving more freedom to its citizens.

The present king, Jigme Khesar Namgyel Wangchuck, and Prime Minister Lyonchen Jigmey Thinley, are respected by almost all Bhutanese and are seen as benevolent rulers.

Report from Compass Direct News

Blind Chinese human rights defender still under house arrest

ChinaAid (www.chinaaid.org ) reports that after blind human rights defender Chen Guangcheng was recently interviewed by a Chinese radio reporter, media lost direct contact with him and his wife, reports Michael Ireland, chief correspondent, ASSIST News Service.

However, says ChinaAid, one of their friends, Zeng Jinyan, mentioned in her blog that she had contacted Chen and his wife on September 23. Since that date, there has been no word from them.

Radio Free Asia reporter Zhang Min interviewed Chen on September 13 and provided the information to ChinaAid.

Since then, ChinaAid reports, family friend Zeng Jinyan wrote in her blog, “Chen Guangcheng’s mother-in-law recently visited Chen in his home. When she arrived, she was physically searched by government-paid guards keeping Chen’s family under house arrest. A few days before, on the September 20, the local communist leader of the town invaded Chen’s home with at least 4 policemen and over 20 guards. They stayed there for six hours.”

ChinaAid says the guards on watch currently have free rein of Chen’s house, intruding any time they wish. Not only have they invaded the family’s privacy — they also threatened them, saying, “Don’t you really know who holds your little life in their hands?”

ChinaAid went on to add that the local government forced Chen to cut off all external communications. The guards do not allow Chen or his wife out of their house. The family relies on Chen’s 78-year-old mother, the only one who is allowed to go out, to buy their food. The guards have even forbidden Chen’s 5-year-old daughter from going to school.

ChianAid explained that Chen Guangcheng and Gao Zhisheng, both Christian human rights defenders who continue to suffer for their work, were nominated for this year’s Nobel Peace Prize.

The award was made on October 8, 2010, to imprisoned Chinese dissident Liu Xiaobo, who was honored for "Struggle for Fundamental Human Rights." He was given the 2010 Nobel Peace Prize on Friday for "his long and non-violent struggle for fundamental human rights" — a prize that enraged the Chinese government, which had warned the Nobel committee not to honor him. China officially denounced the award as "Blasphemy."

In a year with a record 237 nominations for the peace prize, Liu had been considered a favorite, with open support from winners Archbishop Desmond Tutu, the Tibetan spiritual leader the Dalai Lama and others.

In the case of Guangcheng, ChinaAid "insists that the local authorities cease their invasive control of Chen and his family," and asks concerned Christians to join them in praying for their freedom and safety.

ChinaAid had also prayed the Nobel Peace Prize would be awarded to Chen Guangcheng or Gao Zhisheng, who have both suffered under the hands of Chinese authorities.

ChianAid had earlier said: "Such an award would be an incredible encouragement and source of hope to every human rights lawyer in China."

Report from the Christian Telegraph

Police Keep Indonesian Church from Worship Site after Attack

Bekasi officials unable to persuade HKBP congregation to relocate to alternative venue.

JAKARTA, Indonesia, September 23 (CDN) — Following attacks on their church leaders on Sept. 12, a West Java congregation on Sunday (Sept. 19) faced a wall of security officers blocking them from worshipping on their property as authorities tried to coax them to meet at another venue.

Hundreds of security force officers sealed off the street leading to their open-air worship site in Ciketing, near Bekasi, a week after suspected Islamists stabbed Batak Christian Protestant Church (Huria Kristen Batak Protestan, or HKBP) elder Hasian Sihombing and struck Pastor Luspida Simanjuntak with a wooden block. At the Pondok Timur location where the church had gathered to walk three kilometers (less than two miles) to Ciketing on Sunday, an official in a police vehicle announced through a loudspeaker that the Bekasi government requested they worship at the former office of a community organization.

When Compass arrived at the Pondok Timur area, there were 1,500 regular police and public order security police officers standing by, some forming ranks in front of the Nurul Hulda Mosque 500 meters away.

The official on the loudspeaker read a decree by Bekasi Mayor H. Mochtar Muhammad stating that security problems in the Mustika Jaya area were caused by the HKBP worship in Ciketing – where Islamists have staged protests in spite of a mayoral decree granting the congregation the right to worship there – and that in order to guard against further incidents, the church was no longer to hold services there.

“From now on, HKBP will hold its worship services in the [former] Organization & Political Party Building [the auditorium in back of several buildings occupied by different political parties] on Charil Anwar Street in Bekasi City,” he said.

The new mayoral decree dictating where the church was to worship was the product of a Sept. 15 meeting of the West Java governor, the Jakarta area military commander, Jakarta area police, the general secretary and the director general of the Ministry of the Interior, and the Department of Religion, he said.

“We invite the HKBP members to climb aboard the seven buses that we have prepared to take them to the [former] Organization & Political Party [OPP] building,” the official said to the congregation, which had gathered outside the Pondok Timur area building they had used for worship before authorities sealed it in June.

The HKBP congregation ignored the invitation. Muhammad Jufri, head of the Bekasi municipal legal department, then invited the congregation to board the buses. No one responded.

A few minutes later the Rev. Pietersen Purba, district head of the HKBP Pondok Timur District, along with two other pastors and two lawyers, requested that the congregation be allowed to worship at the open-air site on their property in Ciketing. Authorities denied the request.

An argument ensued between Bekasi officials and HKBP leaders.

“For our common good, both government and congregation, and in accordance with the decision of the coordinating meeting, we have prepared a temporary worship place at the former OPP building,” said Jufri, of the Bekasi legal department. “Because of this you may worship there, and while you are worshipping the municipal government guarantees your safety.”

Pastor Purba responded by requesting security for their current location.

“I am surprised that we are forbidden to worship on our own property,” he told authorities. “Our services there were sanctioned by a letter from the mayor that allows us to worship in Ciketing. We are the victims – my pastor was beaten. Are we not citizens with the right to worship in this country? Because of this we ask that the police help us with security so that we may worship in Ciketing. The congregation and I desire to worship there.”

HKBP lawyer Saor Siagian asked a policeman to open the way toward their property in Ciketing; the officer refused.

Jufri then began to read the mayor’s new decree aloud, but he had spoken only a few sentences before one of the HKBP lawyers, Sahala Pangaribuan, interrupted him.

“Sir, if you want to read, do so, but don’t prevent us from walking,” Pangaribuan said.

Jufri continued reading the entire decree.

“We heard what you read,” Pastor Purba replied, “but we don’t easily believe our beloved government, because we remember the case of HKBP Jatimulyo, Bekasi, which was sealed by the government, and then promised facilities for a place of worship. Now it has been five years, and the promise is still unfulfilled.”

The argument lasted another 30 minutes, and the congregation gave up on its request to meet in Ciketing. They were granted 10 minutes to pray in their former Pondok Timur building and additional time for congregational discussion, which was led by the national secretary general of the HKBP, the Rev. Ramlan Hutahayan.

At press conference later that day, Hutahayan said that freedom of worship was fundamental.

“We hope that every citizen will have the right to construct houses of worship to praise and glorify God together,” he said.

Bekasi officials have offered the former OPP building as a temporary venue for worship and two alternative locations on land zoned for general and/or social purposes: one owned by P.T. Timah and one belonging to the Strada Foundation. Thus far the congregation has not approved of these alternatives because they are far from their homes.

At a press conference with other Christian leaders, the head of the Jakarta Christian Communication General Forum, Theophilus Bela, said a statement by the Jakarta provincial police chief that the Sept. 12 attack on the church leaders was a “purely criminal act” was hasty.

“After arrests and investigation, it has been shown that this is not a pure criminal act, but an organized scenario with the Islamic Defenders Front as the field command,” Bela said.

He and other Christian leaders criticized government officials for closing churches and revoking church building permits that had already been approved.

“They have been passive in the face of anarchy and terrorist acts that have been done in the name of religion by groups such as the Islamic Defenders Front, the Betawi-Rempug Forum, the Islamic Congregation Forum, the Congress of the Indonesian Muslim Community, and so on,” he said.

Report from Compass Direct News

Moroccan Convert Serving 15 Years for His Faith

Christian’s sentence for ‘proselytism,’ burning poles called excessive.

ISTANBUL, September 17 (CDN) — Nearly five years into the prison sentence of the only Christian in Morocco serving time for his faith, Moroccan Christians and advocates question the harsh measures of the Muslim state toward a man who dared speak openly about Jesus.

By the end of December Jamaa Ait Bakrim, 46, will have been in prison for five years at Morocco’s largest prison, Prison Centrale, in Kenitra. An outspoken Christian convert, Bakrim was sentenced to 15 years prison for “proselytizing” and destroying “the goods of others” in 2005 after burning two defunct utility poles located in front of his private business in a small town in south Morocco.

Advocates and Moroccan Christians said, however, that the severity of his sentence in relation to his misdemeanor shows that authorities were determined to put him behind bars because he persistently spoke about his faith.

“He became a Christian and didn’t keep it to himself,” said a Moroccan Christian and host for Al Hayat Television who goes only by his first name, Rachid, for security reasons. “He shared it with people around him. In Morocco, and this happened to me personally, if you become a Christian you may be persecuted by your family. If you keep it to yourself, no one will bother you. If you share it with anyone else and start speaking about it, that’s another story.”

Rachid fled Morocco in 2005 due to mounting pressure on him and his family. He is a wanted man in his country, but he said it is time for people to start speaking up on behalf of Bakrim, whom he said has “zeal” for his faith and speaks openly about it even in prison.

“Our Moroccan brothers and sisters suffer, and we just assume things will be OK and will somehow change later by themselves,” said Rachid. “They will never change if we don’t bring it to international attention.”

Authorities in Agadir tried Bakrim for “destruction of the goods of others,” which is punishable with up to 20 years in prison, and for proselytism under Article 220, which is punishable with six months to three years in prison.

“Jamaa is a manifestation of a very inconvenient truth for Moroccan authorities: there are Moroccan converts to Christianity,” said Logan Maurer, a regional director at U.S.-based advocacy group International Christian Concern (ICC). “The government wants to ignore this, suppress it, and when – as in Jamaa’s case – the problem won’t go away, they do whatever they can to silence it.”

Proselytism in Morocco is generally defined as using means of seduction or exploiting weakness to undermine the faith of Muslims or to convert them to another religion.

Recently Morocco has used the law to punish any proclamation of non-Muslim faith, contradicting its pledge to allow freedom to manifest one’s faith under the International Covenant on Civil and Political Rights, to which it is a signatory. Article 18 of the covenant affirms the right to manifest one’s faith in worship, observance, practice or teaching.

The covenant also states, however, that “freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”

There are an estimated 1,000 Moroccan Christian converts in the country. They are not recognized by the government. About 99 percent of Morocco’s population of more than 33 million is Muslim.

Between March and June authorities expelled 128 foreign Christians in an effort to purge the country of any foreign Christian influences. In April nearly 7,000 Muslim religious leaders backed the deportations by signing a document describing the work of Christians within Morocco as “moral rape” and “religious terrorism.” The statement from the religious leaders came amid a nationwide mudslinging campaign geared to vilify Christians in Morocco for “proselytism” – widely perceived as bribing people to change their faith.

In the same time period, Moroccan authorities applied pressure on Moroccan converts to Christianity through interrogations, searches and arrests. Christians on the ground said that, although these have not continued, there is still a general sense that the government is increasingly intolerant of Christian activities.  

“They are feeling very bad,” said Rachid. “I spoke to several of them, and they say things are getting worse…They don’t feel safe. They are under a lot of disappointment, and [they are] depressed because the government is putting all kinds of pressure on them.”

 

From Europe to Prison

Bakrim, a Berber from southern Morocco, studied political science and law in Rabat. After completing his studies he traveled to Europe, where he became a Christian. Realizing that it would be difficult to live out his new-found faith in Morocco, in 1993 he applied for political asylum in the Netherlands, but immigration authorities refused him and expelled him when his visa expired.

In 1995 Bakrim was prosecuted for “proselytizing,” and spent seven months in jail in the city of Goulemine. In April 1996 he was transferred to a mental hospital in Inezgane, where authorities ordered he undergo medical treatments. He was released in June. The psychiatric treatment caused side-effects in his behavior and made it difficult for him to control his hands and legs for a period of time, sources told Compass.

Two years later authorities put him in jail again for a year because he publicly displayed a cross, according to an article by Moroccan weekly Le Journal Hebdo published in January 2005.

“He has a zeal about his religion,” said Rachid. “He never denied his faith through all these things, and he even preached the gospel in prison and the psychiatric place where they held him … They tried to shut him [up], and they couldn’t.”

In 2001 Bakrim again attracted attention by painting crosses and writing Bible verses in public view at his place of business, which also served as his home, according to the French-language weekly. Between 2001 and 2005 he reportedly wrote to the municipality of Massa, asking officials to remove two wooden utility posts that were no longer in use, as they were blocking his business. When authorities didn’t respond, Bakrim burned them.

During his defense at the Agadir court in southern Morocco, Bakrim did not deny his Christian faith and refuted accusations that he had approached his neighbors in an attempt to “undermine their Muslim faith.”

The judge ruled that “the fact that Jamaa denies accusations of proselytism is inconsistent with his previous confession in his opening statement when he proclaimed he was the son of Christ, and that he wished that Moroccans would become Christians,” according to Le Journal Hebdo.

Bakrim did not appeal the court sentence. Though there have been other cases of Christians imprisoned for their faith, none of their sentences has been as long as Bakrim’s.

“They will just leave him in the prison so he dies spiritually and psychologically,” said Rachid. “Fifteen years is too much for anything they say he did, and Jamaa knows that. The authorities know he’s innocent. So probably they gave him this sentence so they can shut him [up] forever.”

Rachid asked that Christians around the world continue to lobby and pray that their Moroccan brothers and sisters stand firm and gain their freedoms.

“The biggest need is to stand with the Moroccan church and do whatever it takes to ask for their freedom of religion,” said Rachid.

Report from Compass Direct News

Vatican Library prepares to reopen after three years of restoration

The Vatican Apostolic Library will be reopened again this month after three years of reconstruction. As its director explained to Vatican Radio, it aims to be a cultural aid, to offer a glimpse of the "great truth of the world of God," reports Catholic News Agency.

Vatican Radio interviewed the library’s prefect, Msgr. Cesare Pasini about the grand reopening set to take place on Sept. 20.

Noting a series of initiatives scheduled to mark the reopening of the library this fall, the prefect also spoke of the value of the library to all people.

He said that by reopening the library, "we not only show scholars and the world what we have done … but we remodel ourselves on this fundamental spirit, on our mission, so that we don’t just make it a place to consult books."

The library, which allows scholars from all walks and creeds to study its volumes, has an aspect of universality and cultural preservation because it conserves materials "for today and tomorrow," he said.

Msrg. Pasini also promotes culture by allowing works to be "used, seriously studied and then probed to find any further fragment of truth.

"There are many truths," he said, "historic truths, truths that make investigations into the reality of things, and these little truths form part of the great truth of the world of God."

In an article he wrote for last Sunday’s edition of the L’Osservatore Romano, Msgr. Pasini described some of the 15,000 letters and e-mails his office has received hoping for the prompt conclusion to the restoration work and describing the library’s importance to studies. Responding to the interest, he said that in looking around the now "silent and shining" library, he has seen that "only the friendly presence of our scholars is lacking." He added, "may they know that they are warmly awaited."

Archivist of the Vatican Secret Archives, Cardinal Raffaele Farina, will present the renovated, restored and restructured library in an on-site press conference next Monday.

Report from the Christian Telegraph

Iran: government security forces burned hundreds of Bibles

Ati News, a site belonging to Morteza Talaee who is the previous head of the security forces and the current member of the Tehran’s city council, in its usual anti-Christian propaganda reported that their social-life reporter had disclosed that shipments of so called, "Perverted Torah and Gospels" had entered Iran through its Western borders, reports FCNN.

Two days later, on May 31st, the same report was reiterated by the official anti-crime website of the Pasdaran Army called "Gerdaub" that a large shipment of Jewish and Christian Scriptures has entered Iran through the Western Azerbaijan province and according to security officials of that province the "occupier forces" that operate in the Western regions of Iraq were responsible for such activities.

Gerdaub, the official website of the Pasdaran Army continued its report by quoting the security official who had stated that:

Some of these books are distributed locally, but most of the books are smuggled and distributed all over the country. In just the last few months, hundreds of such "perverted Bibles" have been seized and burned in the border town of Sardasht.

The same unidentified security source adds that his intention has been to inform and enlighten people.

While the depiction of the Prophet of Islam and other historical religious leaders, whether in good or bad taste, has caused uproar and violent protests, threats of retaliation and assassinations, closure of embassies, long and mournful marches in various parts of countries of the world such as Pakistan, Iran, and Saudi Arabia, its quite interesting that the official website of the most powerful military wing of the Islamic Republic of Iran engages in the shameful act of reporting the burning
of Bibles.

Of course, the security officials have not clarified the difference between these so called "perverted Bibles" and those that are commonly used by people around the world – including Iran.

These officials shamefully label the Holy Scriptures of the Christians contraband without realizing the over two billion people around the world and at least five hundred thousand people in Iran revere and consider holy. This action is no different than what the government has wrongfully accused many Christians of insulting the sacred beliefs of Islam.

On the hand the defenders of the Islamic Republic of Iran in the international organizations and human rights forums claim that religious minorities such as Jews and Christians enjoy constitutional protection and the adherents of these religions not only can elect their own representatives to the parliament, but exercise their religious rights freely and openly. But, as with many other rights and freedoms granted to the people in the constitution, this fundamental right has also been violated
and repressed by the Islamic government.

The leaders of the Islamic Republic not only use the weapon of their pre-selected parliamentary candidates to control who gets into the legislature, but severely suppresses the religious minorities by demanding the names of those attending church services, banning the entry of Farsi-speaking members into church building and any preaching in the Farsi language, rejecting any building permits for church buildings, and the publishing of Bibles and other Christian literature which amounts to nothing
but direct interference in the religious affairs of the very people it claims to be protecting.

For these reasons Christians have taken refuge at homes and congregate in home-style churches form small home-based churches. Even then, many of these Christians are harassed and often pursued by security agents and are arrested and detained. Many Christian leaders have been detained for long periods of time in undisclosed locations and often very expensive bails have to be posted to secure their freedom.

The question remains as to how long the Christian community outside of Iran can tolerate such persecutions and atrocities? Moreover, and not withstanding the fact that Iranian Christians do not have the right to publish their holy scriptures, those Christians from around the world who donate Bibles to their brothers and sisters inside Iran are insulted by labeling their donated Bibles as contraband and burned by the security agents.

It is only appropriate that the official website of the Pasdaran army that has published this report and has confirmed the validity of this news through one of its security agents be condemned by the international Christian community and the world to demand the identification of those perpetrated this shameful act.

Such insults and offensive actions in burning the Christian Bible coincides with the Islamic community’s full enjoyment, freedom, and the blessings of the Western nations that allow them to publish the Islamic Holy Book, the Quran, and to build as many mosques as its needed in various European and North America cities.

The Quran states that the Torah and the Gospels are Holy Scriptures as well. Nevertheless, the Islamic leaders claim that the Bibles used by Christians and Jews are not the authentic scriptures but have been changed by the church. Considering the fact that the Quran also states that no man can destroy the word of God, the question remains that if the currently used Bible is, as the Islamic leaders so claim, a changed and untrustworthy document where is the real Torah and the Gospels?

If the Quranic claim that the word of God can never be perverted and changed, then there must be a copy of the real Torah and the Gospels somewhere. To this question Muslims have not credible answers. There is no such difference or variance between today’s Scriptures and the original writings. Our modern Bibles go back to the very ancient copies of the scriptures that in some cases date back to only 50 years from Christ Himself. There are even copies of the Old Testament that date several hundred
years before Christ.

Definitely and for sure, one can not find any ancient writings that have been as carefully and precisely copied and preserved as the Bible has been. There are thousands of ancient manuscripts in world museums that testify to this fact. Therefore the claim that the Bible is a changed and false scripture is totally baseless and is nothing but a ploy to confuse and mislead people by the Islamic leaders.

In any event, the burning of any book, especially one that is honored and revered by a great majority of people around the world, is an unacceptable and immoral act and must be condemned by the world community.

Report from the Christian Telegraph