Media watchdog’s finding on Sunrise’s Indigenous adoption segment is justified


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Protestors rally outside Channel 7 studios in Sydney following the controversial segment on Aboriginal adoption.
AAP/Crowdspark

Alana Schetzer, University of Melbourne

In March this year, Sunrise aired a panel discussion about the removal of Indigenous children from dangerous or abusive family situations.

It wrongly claimed that Indigenous children could not be fostered by non-Indigenous families and one panellist, commentator Prue MacSween, suggested that the Stolen Generation might need to be repeated in order to save children from physical and sexual abuse.

The reaction was swift and fierce: the segment was condemned as racist and insensitive, with many questioning why the panel featured no experts or Indigenous people. There were protests at the show’s Sydney studio, and multiple complaints were made to the Australian Communications and Media Authority.

This week, ACMA announced that the Channel Seven breakfast show did indeed breach the Commercial Television Industry Code of Practice in airing false claims that Indigenous children could not be placed with white families.

It was also found that the segment provoked “serious contempt on the basis of race in breach of the Code as it contained strong negative generalisations about Indigenous people as a group”.




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Seven has defended their actions, labelling the ACMA’s decision as “censorship” and “a direct assault on the workings of an independent media”. They are also considering seeking a judicial review of the decision.

However, it is not correct to assess ACMA’s decision, nor its role, as censorship. Rather, the ACMA monitors and enforces basic journalistic principles governing ethics and responsibility.

The decision is more symbolic than material – Channel Seven will not be forced to pull the segment from online; indeed, it is widely available. ACMA also has no power to order any compensation to be paid to a wronged party or fine the broadcaster; nor can it force Channel Seven to apologise or correct its error.

This dispute is but one of many examples that raises questions over the power of the media and what happens when media make a mistake, deliberately bend the truth or publish information that may cause harm to people, especially from marginalised groups.

In his research on the media portrayal of Indigenous people and issues, and the difference between sensitivity versus censorship, Michael Meadowsargues the media are resistant to admitting there is a problem with racist or insensitive coverage. He writes:

Aboriginal Australians have had to be content with a portrayal which is mostly stereotypical, sensational, emotional or exotic, with an ignorance of the historical and political context in which these images are situated.

While “censorship” is a label that is often used by the media in response to criticism, actual censorship in Australia by government or media watchdogs is thankfully rare to nonexistent. Other issue such as defamation law are greater sources of censorship.

In a 2018 report released by Reporters Without Borders, a worldwide organisation that advocates for a free press, Australia ranked 19th out of 180 countries on press freedom. This was a fall from ninth in 2017 due to of media restrictions on reporting on asylum seekers and refugees in offshore detention centres, not the role of ACMA. In fact, ACMA and the Australian Press Council were not even mentioned.

Australian journalists are expected, although not obliged, to abide by the Media, Entertainment and Arts Alliance’s Code of Ethics. This states that journalists should “report and interpret honestly, striving for accuracy, fairness and disclosure of all essential facts” and to “do your utmost to achieve fair correction of errors”.

ACMA’s finding on the Sunrise segment that featured sweeping claims such as “children left in Indigenous families would be abused and neglected”, is simply holding those responsible to the minimum standards expected, not just within the industry, but from the public, too.

In the era of “fake news”, it is not surprising that the public’s trust in journalists is low; a 2018 surveyfound only 20% of Australians deemed newspaper journalists as being “very” honest and ethical, with television reporters fairing even worse, at 17%.




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The ACMA was created in 2005 following the public outcry over the infamous “cash for comment” scandals in 1999 and 2004. At the time, the then-Australian Broadcasting Authority was criticised for being “too soft” and ineffective in response, the ABA was abolished and replaced by the ACMA.

It’s incorrect to label the ACMA’s role as playing “censor” when they do no such thing. In fact, there is criticism that ACMA, like its predecessor, is a “toothless tiger” that lacks any power to actually hold the media to account.

No media can operate without a basic framework that places public interest, a commitment to accuracy and responsibility to the public.

In a statement released on September 4, ACMA chairwoman Nerida O’Loughlin highlighted this important distinction:

Broadcasters can, of course, discuss matters of public interest, including extremely sensitive topics such as child abuse in Indigenous communities. However, such matters should be discussed with care, with editorial framing to ensure compliance with the Code.

With “clickbait” and inflammatory opinion increasingly finding a home in the media, it’s more important than ever that the media respect and abide by their responsibilities to fairness and the truth. And when they cannot or do not do this, regulatory bodies such as the ACMA are essential.The Conversation

Alana Schetzer, Sessional Tutor and Journalist, University of Melbourne

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

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How will Indigenous people be compensated for lost native title rights? The High Court will soon decide


William Isdale, The University of Queensland and Jonathan Fulcher, The University of Queensland

Today, the High Court of Australia will begin hearing the most significant case concerning Indigenous land rights since the Mabo and Wik native title cases in the 1990s.

For the first time, the High Court will consider how to approach the question of compensation for the loss of traditional land rights. The decision will have huge implications for Indigenous peoples who have lost their land rights and for the state and territory governments responsible for that loss.

For Queensland and Western Australia in particular, the outcome will likely provide clarity on the significant amounts of compensation they may be liable for in the future.

Western Australia, for example, has areas of determined native title that are collectively larger than the entire state of South Australia. Within those boundaries, there are a number of potential native title claims that could be compensable in the future.

In 2011, the state’s attorney-general, Christian Porter, reportedly described potential compensation claims as a “one billion dollar plus issue”.

Background on native title

The Mabo decision first recognised, and the Wik decision later clarified, how Australia’s common law acknowledges and protects the traditional land rights of Indigenous peoples. Following some uncertainty and political clamour caused by both of those decisions, the Native Title Act 1993 provided a legislative structure for the future recognition, protection and compensation of native title.




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Australian politics explainer: the Mabo decision and native title


The act provides a right of compensation for the “impairment and extinguishment” of native title rights in a range of circumstances. However, it provides little guidance on what compensation means in practice. Parliament decided to leave the details to the courts.

Surprisingly, it was not until the end of 2016 that the first-ever compensation claim wound its way to the point of judicial determination – in the Timber Creek decision.

The Timber Creek decisions

The case coming before the High Court today is an appeal following two earlier decisions by the Federal Court.

In Griffiths v Northern Territory (the first Timber Creek decision), Federal Court Justice John Mansfield made the first-ever award of compensation for loss of native title rights.

Mansfield awarded the Ngaliwurru and Nungali peoples AU$3.3m in August 2016 for various acts of the NT government going back to the 1980s. These acts included grants of land and public works affecting areas totalling 1.27 square kilometres near the remote township of Timber Creek.

Mansfield approached the compensation award in three steps:

  • Firstly, he worked out the value of the land rights in plain economic terms. He did this by looking to the freehold market value of the land, but discounting it by 20% to reflect the lower economic value of the native title. This is due to the fact its use is limited to rights under traditional law and custom, such hunting and conducting ceremonies, but does not include a right to lease the land, for example.

  • Secondly, he considered how to compensate for the loss of the non-economic aspects of native title, such as cultural and spiritual harm. This involved having to:

…quantify the essentially spiritual relationship which Aboriginal people … have with country and to translate the spiritual or religious hurt into compensation.

  • Thirdly, he gave an award of interest to reflect the passage of time since the acts of the NT government occurred.

The decision was quickly appealed to the Full Court of the Federal Court, which corrected a few errors and reduced the award to just over AU$2.8m. But in broad terms, it approved the three-step approach Mansfield used to calculate the award.

Whether the High Court will follow the same path remains to be seen. A number of new parties, including various state governments, have now become involved in the proceedings, each with their own barrow to push.

The challenge of valuing native title

The challenge is that conventional methods for valuing land may not be suitable to reflect the unique nature of native title rights and the significance of those rights to Indigenous peoples. New principles, or adapted versions of old ones, may be needed.

For example, in most cases where a piece of land is resumed by a government for an infrastructure project or some other purpose, the principal measure of compensation is the market value of the land.

But in the case of native title rights, there is no market to value the land. Native title cannot be sold, mortgaged or leased. Further, native title is different in every case, with no uniform content. Native title rights can include everything from a right to exclusive possession of land to a very limited right to conduct traditional ceremonies on a piece of land.




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Whether the Federal Court has taken the right approach – or whether a new approach should be adopted – will be the subject of debate in the High Court.

The Ngaliwurru and Nungali people contend the correct approach would have seen them awarded roughly AU$4.6m. The NT government is arguing, however, that the amount should be no more than about AU$1.3m.

The politics of Timber Creek

Just as Mabo and Wik resulted in political furore, so, too, may Timber Creek.

One sore point is between the federal government and the states and territories over who will pay any compensation. Under both the Keating and Howard governments, the Commonwealth undertook to pay 75% of the compensation a state or territory may be required to pay in future claims (with some exceptions).




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But in 2011, Porter tabled in the WA parliament a letter from Prime Minister Julia Gillard renouncing any Commonwealth obligation “for the cost of native title compensation settlements”.

Porter may now find himself on the opposite side of the table, having shifted from state supplicant to his new position as a Commonwealth purse holder.

Just how much political friction there will be will depend on the High Court’s approach to determining compensation and the potential cost if hundreds of other native title groups pursue compensation claims in the future.The Conversation

William Isdale, Postgraduate Research Student, T.C. Beirne School of Law, The University of Queensland and Jonathan Fulcher, Program Director, Energy & Resource TC Beirne School of Law, The University of Queensland

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

Why the government was wrong to reject an Indigenous ‘Voice to Parliament’



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Indigenous people feel powerless in their own country, as articulated in the Uluru Statement from the Heart.
AAP

Harry Hobbs, UNSW

Indigenous leaders have decried Malcolm Turnbull’s rejection of the Referendum Council’s recommendations as a “real kick in the guts”, having “broken First Nations’ hearts”, and derailed the process and likelihood of Indigenous constitutional recognition.

The council had recommended a referendum be held to change Australia’s Constitution to establish an Indigenous “Voice to Parliament”. While details were to be worked out in discussion with Indigenous communities, it was envisaged that such a body would empower Indigenous people to have a voice on legislation and policy that affects them.

This idea followed an 18-month process of consultation and debate, including six months of regional dialogues with Indigenous people across Australia. At these dialogues, Indigenous people documented their feelings of voicelessness in Australian politics.

The process culminated in a constitutional convention at Uluru, where around 250 delegates agreed to the Uluru Statement from the Heart.


Further reading: Listening to the heart: what now for Indigenous recognition after the Uluru summit?


Why was the Voice to Parliament rejected?

Turnbull, Indigenous Affairs Minister Nigel Scullion and Attorney-General George Brandis set out the three reasons why cabinet rejected the Voice to Parliament.

  • First, the government did not believe such a body was “desirable”, arguing that the “radical” proposal undermines equality and the principle of one-person one-vote.

  • Second, the government considered it was unclear how the Voice to Parliament would work.

  • Third, and consequently, the government argued that it would “inevitably become seen as a third chamber of parliament” and would therefore not be “capable of winning acceptance in a referendum”.

These reasons mirror those of an Institute of Public Affairs (IPA) research brief that was distributed to all federal MPs in July this year. The IPA argued an Indigenous voice to parliament is “radical”, “divisive and undemocratic”, and “vague”.

The IPA noted further that “Indigenous Australians already have a voice to parliament” – like all citizens, they have an opportunity to vote in elections.

Are these reasons fair?

The government’s reasons have been attacked as “dishonest” and “disingenuous”.

The Voice to Parliament was widely regarded as modest change. Instead of a judicially enforced prohibition on racial discrimination, the body was designed to provide “active participation in the democratic life of the state”.

This is important. The body would actually rectify a persistent democratic fault in Australian society. Although Indigenous people enjoy “full equality” in the electoral arena, their position as an extreme numerical minority makes it difficult for them to be heard by government.

As the Uluru statement articulates, Indigenous people feel powerless in their own country. A Voice to Parliament would merely empower:

… the First Peoples of Australia to speak to the parliament and to the nation about the laws and policies that affect them.

In this sense, such a body would not challenge Australian democracy. It would instead realise its ideals. For this reason, it was supported by many constitutional conservatives.

Further, it is unfair to dismiss the proposal as lacking detail, as it was shaped to allow parliament to design the body. In any case, issues of design had not been ignored. The Cape York Institute provided a 78-page report to government detailing design options.

Finally, in defending the decision not to proceed to a referendum, Scullion said the government knew it “would have absolutely zero chance of success”. It is unclear, however, how the government knows this for certain.

Scullion explained further that:

I don’t need evidence … we have done a lot of polling, not on this particular [] matter, but on other matters.

Ultimately, it is impossible to tell whether the body would achieve support at a referendum. Although many surveys indicate support for constitutional change, they were all conducted in the absence of a specific proposal. No polling has been done on a Voice to Parliament.

Where to now for constitutional recognition?

A Voice to Parliament is not yet dead. At the Garma Festival in August, Bill Shorten committed to the body, recognising that it represents a strong consensus aspiration of Indigenous people.

However, without government support, a referendum will not be held.

The government has said it will establish a joint parliamentary committee with the opposition to examine alternative proposals for constitutional change to benefit Indigenous people. It remains:

… confident that we can … develop constitutional amendments that will unite our nation rather than establish a new national representative assembly open to some Australians only.

But it is difficult to see how this is possible.

Indigenous people were asked directly what recognition meant to them. They have responded, and the government has dismissed their views. It is likely, then, that Indigenous people will campaign against a proposal devised by parliament. They will continue to push for a “voice”. Their struggle does not end.

Treaty, now?

The Uluru statement also proposed the establishment of a Makarrata Commission. The commission would supervise a process of agreement-making between Indigenous people and governments, and truth-telling about Australia’s colonial past.

It is not yet clear whether Turnbull supports these proposals. However, to some degree, it is immaterial.

Steps toward treaties have already been made in several Australian states and territories. Indigenous people in Victoria and South Australia are discussing how negotiations with state governments should be conducted. The Northern Territory has also committed to a process of treaty negotiations.


Further reading: Will treaties with Indigenous Australians overtake constitutional recognition?


Treaties are constitutional recognition. They can also be realised without a referendum.

Treaties have long been a desire of Indigenous people. However, they have re-emerged in recent years as Indigenous people have become frustrated at the national process of constitutional recognition. It is only natural that efforts will redouble in this area.

But while treaties are important, they will not empower Indigenous peoples at the national level. A Voice to Parliament remains a key aspiration.

In the Uluru statement, Indigenous people invited non-Indigenous Australians to:

… walk with us in a movement of the Australian people for a better future.

The ConversationThe Turnbull government has chosen to ignore this call. But there’s still time for the rest of us to accept this invitation.

Harry Hobbs, PhD Candidate, Constitutional Law and Indigenous Rights, UNSW

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

Indigenous People Forced Off Their Land


The link below is to an article that reports on the increasing numbers of indigenous people being forced of their land in Asia.

For more visit:
http://www.guardian.co.uk/world/2013/jun/02/indigenous-people-turned-off-land

Article: Vietnam – Converting to Christianity Because it’s Cheaper


The following article reports on the Jarai indigenous minority in Vietnam and how many are ‘converting’ to Christianity because it’s a cheaper religion.

For more on this disturbing story, visit the link below:
http://www.phnompenhpost.com/index.php/2012061256749/National-news/the-power-of-faith-and-medicine.html

Pastor, Church Official Shot Dead in Nigeria


Muslim militants of Boko Haram blamed for killings in Borno state.

JOS, Nigeria, June 10 (CDN) — Muslim extremists from the Boko Haram sect on Tuesday (June 7) shot and killed a Church of Christ in Nigeria (COCIN) pastor and his church secretary in Maiduguri, in northeastern Nigeria’s Borno state.

The Rev. David Usman, 45, and church secretary Hamman Andrew were the latest casualties in an upsurge of Islamic militancy that has engulfed northern Nigeria this year, resulting in the destruction of church buildings and the killing and maiming of Christians.

The Rev. Titus Dama Pona, pastor with the Evangelical Church Winning All (ECWA) in Maiduguri, told Compass that Pastor Usman was shot and killed by the members of the Boko Haram near an area of Maiduguri called the Railway Quarters, where the slain pastor’s church is located.

Pona said Christians in Maiduguri have become full of dread over the violence of Boko Haram, which seeks to impose sharia (Islamic law) on northern Nigeria.

“Christians have become the targets of these Muslim militants – we no longer feel free moving around the city, and most churches no longer carry out worship service for fear of becoming targets of these unprovoked attacks,” Pona said.

Officials at COCIN’s national headquarters in Jos, Plateau state, confirmed the killing of Pastor Usman. The Rev. Logan Gongchi of a COCIN congregation in Kerang, Jos, told Compass that area Christians were shocked at the news.

Gongchi said he attended Gindiri Theological College with Pastor Usman beginning in August 2003, and that both of them were ordained into pastoral ministry on Nov. 27, 2009.

“We knew him to be very gentle, an introvert, who was always silent in the class and only spoke while answering questions from our teachers,” Gongchi said. “He had a simple lifestyle and was easygoing with other students. He was very accommodating and ready at all times to withstand life’s pressures – this is in addition to being very jovial.”

Gongchi described Usman as “a pastor to the core because of his humility. I remember he once told me that he was not used to working with peasant farmers’ working tools, like the hoe. But with time he adapted to the reality of working with these tools on the farm in the school.”

Pastor Usman was excellent at counseling Christians and others while they were at the COCIN theological college, Gongchi said, adding that the pastor greatly encouraged him when he was suffering a long illness from 2005 to 2007.

“His encouraging words kept my faith alive, and the Lord saw me overcoming my ill health,” he said. “So when I heard the news about his murder, I cried.”

 

Motives

The late pastor had once complained about the activities of Boko Haram, saying that unless the Nigerian government faced up to the challenge of its attacks, the extremist group would consume the lives of innocent persons, according to Gongchi.

“Pastor Usman once commented on the activities of the Boko Haram, which he said has undermined the church not only in Maiduguri, but in Borno state,” Gongchi said. “At the time, he urged us to pray for them, as they did not know how the problem will end.”

Gongchi advised the Nigerian government to find a lasting solution to Boko Haram’s violence, which has also claimed the lives of moderate Muslim leaders and police.

The Railway Quarters area in Maiduguri housed the seat of Boko Haram until 2009, when Nigerian security agencies and the military demolished its headquarters and captured and killed the sect’s leader, Mohammed Yusuf, and some of his followers.

The killing of Pastor Usman marked the second attack on his church premises by the Muslim militants. The first attack came on July 29, 2009, when Boko Haram militants burned the church building and killed some members of his congregation.

On Monday (June 6), the militants had bombed the St. Patrick’s Catholic Church, along with other areas in Maiduguri, killing three people. In all, 14 people were killed in three explosions at the church and police stations, and authorities have arrested 14 people.

The Boko Haram name is interpreted figuratively as “against Western education,” but some say it can also refer to the forbidding of the Judeo-Christian faith. They say the word “Boko” is a corruption in Hausa language for the English word “Book,” referring to the Islamic scripture’s description of Jews and Christians as “people of the Book,” while “Haram” is a Hausa word derived from Arabic meaning, “forbidding.”

Boko Haram leaders have openly declared that they want to establish an Islamic theocratic state in Nigeria, and they reject democratic institutions, which they associate with Christianity. Their bombings and suspected involvement in April’s post-election violence in Nigeria were aimed at stifling democracy, which they see as a system of government built on the foundation of Christian scripture.

Christians as well as Muslims suffered many casualties after supporters of Muslim presidential candidate Muhammudu Buhari lost the April 16 federal election to Goodluck Jonathan, a Christian. Primarily Muslim rioters claimed vote fraud, although international observers praised the polls as the fairest since 1999.

Nigeria’s population of more than 158.2 million is almost evenly divided between Christians, who make up 51.3 percent of the population and live mainly in the south, and Muslims, who account for 45 percent of the population and live mainly in the north. The percentages may be less, however, as those practicing indigenous religions may be as high as 10 percent of the total population, according to Operation World.

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

 

Nepal Christians Begin Legal Battle for Burial Ground


Hindu group declares country a Hindu state; upper castes seek halt to conversions.

KATHMANDU, Nepal, April 19 (CDN) — With the government refusing to listen to their three-year plea for an official cemetery and ignoring a protracted hunger strike, Nepal’s Christians are now seeking redress from the Supreme Court.

“Every day there are two to three deaths in the community, and with each death we face a hard time with the burial,” said Chari Bahadur Gahatraj, a pastor who filed a petition in the high court on March 13 asking it to intervene as authorities of Nepal’s oldest Hindu temple had begun demolishing the graves of Christians there.

Gahatraj and Man Bahadur Khatri are both members of the newly formed Christian Burial Ground Prayer and National Struggle Committee that since last month began leading a relay hunger strike in a public area of the capital, asking for a graveyard. They said they were forced to go to court after the Pashupati Area Development Trust (PADT), which runs Nepal’s oldest Hindu shrine, the Pashupatinath temple, said it would no longer allow non-Hindus to use the temple’s forested land.

“We don’t want to hurt the sentiments of any community,” Gahatraj told Compass. “Nor are we trying to grab the land owned by a temple. We are ready to accept any plot given to us. All we are asking for is that the burials be allowed till we get an alternate site.”

Judge Awadhesh Kumar Yadav has since ordered the government and PADT not to prevent Christians from using the forest for burials until the dispute is resolved. The legal battle, however, now involves a counter-suit. Hindu activist Bharat Jangam filed a second writ on March 20, saying that since the forest was the property of a Hindu temple, non-Hindus should not be allowed to bury their dead there just as churches do not allow Hindu burials.

Subsequently, the court decided to hear the two petitions together, and yesterday (April 18), the hearings began. While two lawyers argued on behalf of Gahatraj and Khatri, a cohort of 15 lawyers spoke against their petition. The next hearing is scheduled for May 3.

Along with the legal battle, Christians have kept up their relay hunger strike. To step up pressure on the government, the protestors also announced they would lead a funeral march to the offices of the prime minister and the culture minister and hand over coffins to them as a symbolic protest. If that too failed, they warned they would have no option but to go on hunger strike in front of the prime minister’s office and parliament, this time carrying dead bodies with them.

Alarmed at the rate the issue was snowballing, the government finally responded. Yesterday Culture Minister Gangalal Tuladhar opened talks with the protestors, agreeing to continue the negotiations after three days. The government also formed a four-member committee to look into the demand. Currently, Christians are asking for cemetery land in all 75 districts of Nepal.

Protestors were wary of the government’s intent in the overture.

“This could be a ploy to buy time and bury the issue,” said a member of the Christian committee formed to advise parliament on drafting the new constitution, who requested anonymity.

Though the committee formed to look into the Christians’ demand for burial land has been asked to present a report within two weeks, Christians suspect the panel is dragging its feet.

“The new constitution has to be promulgated by May 28, but it does not seem likely that the main political parties will be able to accomplish the task,” the Christian committee member said. “And if the constitution doesn’t materialize in time, there will be a crisis and our problem will be shelved.”

 

Hindu Nation

Adding to their unease, Christians are now facing a redoubled campaign by Hindu groups for the restoration of Hinduism as the state religion, five years after parliament declared Nepal, the world’s only Hindu kingdom, secular.

If the new constitution had been promulgated last year, it would have consolidated secularism in Nepal. But with the country missing the deadline due to protracted power-sharing rows among the major political parties, Christians still feel under threat.

On Thursday (April 14), when the country celebrated the start of the indigenous new year 2068 with a public holiday, the Rastriya Prajatantra Party-Nepal, which seeks the reinstatement of Hinduism as the state religion, kicked off a campaign at the Bhadrakali temple in Kathmandu. As curious onlookers and soldiers patrolling the nearby army headquarters looked on, party members fervently blew into conch shells and rang bells to draw people’s attention to their demand.

The party, which is also seeking the restoration of monarchy, took some oblique shots at the Christian community as well.

“There is a deliberate and systematic attempt by organizations to convert Hindus,” said Kamal Thapa, party chief and a former minister. “These organizations are guided by foreign powers and foreign funds. If the widespread conversion of Hindus is not stopped immediately, we will have to take stern measures.”

Three days later, an umbrella of Hindu groups – the Rastriya Dharma Jagaran Mahasabha (the National Religion Resurrection Conference) held a massive gathering in the capital, declaring Nepal a “Hindu state” and meeting with no official objection. The proclamation came as the climax to a three-day public program calling for the restoration of “the traditional Hindu state.” Several Hindu preachers and scholars from neighboring India attended the program, held on the grounds of the Pashupatinath temple, which is also a UNESCO-declared World Heritage Site.

The “Hindu state” proclamation was the brainchild of Shankar Prasad Pandey, a former member of parliament from Nepali Congress, the second largest party in Nepal, now in opposition. Though Pandey was a sitting Member of Parliament in 2006, when the body unanimously declared Nepal secular, he began opposing the move soon afterwards, leading four campaigns against it nationwide.

“I consider the nation and the Hindu religion to be more important than the party,” said Pandey, known as the MP who began to go barefoot 32 years ago to show solidarity with Nepalese, who are among the poorest in the world. “Over 90 percent of the Nepalese want Nepal to be a Hindu state. However, the government is led by people whose only concern is power and money.”

Pandey’s campaign is supported by Hindu groups from India and the West: Narendranath Saraswati, who is the Shankaracharya or religious head of a prominent Hindu shrine in India’s Varanasi city; Dr. Tilak Chaitanya, chief of a group in the United Kingdom that propagates the Gita, the holy book of the Hindus; and Tahal Kishore, head of a Hindu organization, Radha Krishna Sevashram, in the United States.

Two weeks before the May 28 deadline for the new constitution, Pandey and his followers plan to step up the campaign for a “Hindu state” in the capital. Though Pandey denies it could stir up animosity between the majority-Hindus and Christians – whose minority population is said to have crossed 2 million but is actually only 850,801, according to Operation World – there are fears of religious tension if not outright violence.

The Hindu rallies continue to grow as a pressure tactic. Yesterday (April 18), members of Nepal Brahman Samaj, an organization of “upper castes” from whose echelons temple priests are appointed, fought with security forces in front of parliament house, demanding their rights be respected and an end to conversions.

More Hindutva (Hindu nationalist) campaigning is scheduled on April 29, when the Rastriya Prajatantra Party-Nepal’s Thapa has called for a mass gathering in the capital.  

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

Malaysian Christians Seek to End Restrictions on Malay Bibles


Federation calls for removal of ‘every impediment’ to importing and printing Scripture.

KUALA LUMPUR, Malaysia, April 6 (CDN) — Christian importers of Bibles that Malaysian officials detained are balking at conditions the government has imposed for their release, such as defacement of the sacred books with official stamps.

The Home Ministry stamped the words, “This Good News [Malay] Bible is for use by Christians only” on 5,100 Bibles without consulting the importer, the Bible Society of Malaysia (BSM), which initially refused to collect them as it had neither accepted nor agreed to the conditions. The Home Ministry applied the stamp a day after the government on March 15 issued a release order for the Bibles, which had been detained in Port Klang, 38 kilometers (24 miles) southwest of Kuala Lumpur, since March 20, 2009.

Another 30,000 Bibles detained since Jan. 12 on the island of Borneo remain in port after the Sarawak state Home Ministry told the local chapter of Gideons International that it could collect them if the organization would put the stamp on them. Gideons has thus far declined to do so, and a spokesman said yesterday (April 5) that officials had already defaced the books with the stamp.

The government issued letters of release to both organizations on March 15 under the condition that the books bear the stamp, “Reminder: This Good News [Malay] Bible is for use by Christians only. By order of the Home Minister,” and that the covers must carry a serial number, the official seal of the department and a date.

The Home Ministry’s stamping of the BSM Bibles without the organization’s permission came under fire from the Christian community. In a statement issued on March 17, Bishop Ng Moon Hing, chairman of the Christian Federation of Malaysia (CFM), described the Home Ministry’s action as desecration.

“[The] new conditions imposed on the release of the impounded Bibles … is wholly unacceptable to us,” he added.

Ng described the conditions imposed by the Home Ministry as tantamount to treating the Malay Bible as a “restricted item” and subjecting the word of God to the control of man. In response, Home Minister Hishammuddin Hussein has said the act of stamping and serialization was standard protocol.

 

Government Overtures

In the weeks following the March 15 release order, the government made several attempts to try to appease the Christian community through Idris Jala, a Christian from Sarawak state and a minister in the Prime Minister’s Department.

Idris issued the government’s first statement on March 22, explaining that officials had reduced earlier conditions imposed by the Home Ministry to require only the words, “For Christianity” to be stamped on the covers of the Bible in font type Arial, size 16, in bold.

Idris informed BSM that the Bibles could be collected in their present state or arrangements could be made to have stickers with the words “For Christianity” pasted over the imprint of the stamps made by the Home Ministry officials. In the event that this was not acceptable, the minister pointed out that BSM had the option of having the whole consignment replaced, since the government had received an offer from Christian donors who were prepared to bear the full cost of purchasing new Bibles.

In response, the CFM issued a statement on March 30 saying, “The offer made does address the substantive issues,” and called on the government “to remove every impediment, whether legal or administrative, to the importation, publication, distribution and use of the [Malay Bible] and indeed to protect and defend our right to use the [Malay Bible].”

Bishop Ng, however, left it to the two importers to decide whether to collect the Bibles based on their specific circumstances.

On March 31, BSM collected the mishandled Bibles “to prevent the possibility of further acts of desecration or disrespect.” In a press statement, BSM officials explained that the copies cannot be sold but “will be respectfully preserved as museum pieces and as a heritage for the Christian Church in Malaysia.” The organization also made it clear that it will only accept compensation from the Home Ministry and not from “Christian donors,” a term it viewed suspiciously.

On Saturday (April 2), Idris issued a 10-point statement to try to resolve the impasse. Significantly, this latest overture by the government included the lifting of present restrictions to allow for the local printing and importation of Malay and other indigenous-language Bibles into the country.

In Sarawak and Sabah, there would be no conditions attached to Bibles printed locally or imported. There also would be no prohibitions and restrictions on residents of these two states carrying such Bibles to other states. A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life, and having the Bible in the Malay language is considered critical to the practice of their Christian faith.

In the case of West Malaysia, however, in view of its larger Muslim population, the government imposed the condition that the Bibles must have the words “Christian publication” and the sign of the cross printed on the front covers.

 

Christian Response

Most Christians responded to this latest overture with caution. Many remained skeptical, seeing it as a politically motivated move in view of Sarawak state elections on April 16. Nearly half of Sarawak’s population is Christian.

Bolly Lapok, an Anglican priest, told the online news agency Malaysian Insider, “It’s an assurance, but we have been given such assurances before.” BSM General-Secretary the Rev. Simon Wong reportedly expressed the same sentiments, saying the Home Ministry already has a record of breaking its word.

The Rev. Thomas Phillips of the Mar Thoma Church, who is also president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism, questioned the timing of the proposal: “Why, after all these years?”

The youth wing of the Council of Churches rejected the proposal outright, expressing fears that the government was trying to “buy them over” for the Sarawak election, and that it would go back on its word after that.

Bishop Paul Tan, president of the Catholic Bishops’ Conference of Malaysia, called the proposal an “insidious tactic of ‘divide and rule,’” referring to its different requirements imposed on Malaysians separated by the South China Sea. Dr. Ng Kam Weng, research director at Kairos Research Centre, stressed that the proposal “does not address the root problem of the present crisis, i.e. the Allah issue.”

 

Muslim Reactions

The 10-point proposal has also drawn the ire of Muslim groups, who view it as the government caving in to Christian pressure.

Perak Mufti Harussani Zakaria expressed his disappointment, reportedly saying, “If the government does this, just cancel the law,” in reference to various state Islamic enactments that prohibit the use of the word “Allah” and other so-called Islamic terms that led to the banning of the Malay Bible. Malay Bibles have not been allowed to be printed locally for fear that they will utilize “prohibited” words.

The Muslim Organizations in Defense of Islam (Pembela) threatened to challenge the 10-point proposal in court if it was not reviewed in consultation with Muslim representatives.

On the same day Pembela issued its statement, the government seemed to have retracted its earlier commitment. The Home Minister reportedly said talks on the Malay Bibles were still ongoing despite Idris’ 10-point proposal, which purportedly represents the Cabinet’s decision.

As a result, James Redas Noel of the Gideons said yesterday (April 5) that he was confused by the mixed messages coming from the government and will not make a decision on whether to collect the Bibles until he had consulted church leaders on the matter, according to the Malaysian Insider.

The issue with the Malay Bibles is closely tied to the dispute over use of the word “Allah” by non-Muslims.

In a controversial court ruling on Dec. 31, 2009, judge Lau Bee Lan had allowed The Herald, a Catholic newspaper, to use “Allah” for God in the Malay section of its multilingual newspaper.

The Home Ministry filed an appeal against this decision on Jan. 4, 2010. To date, there is no indication as to when the case will be heard.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

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

Christians Decry Malaysia’s Detention of Bible Books


After stopping 5,100 Bibles in 2009, authorities withhold 30,000 Malay-language copies.

KUALA LUMPUR, Malaysia, March 14 (CDN) — The detaining of 30,000 copies of the New Testament, Psalms and Proverbs in the Malay language at Malaysia’s Kuching Port has “greatly disillusioned” the nation’s Christian community.

The books, imported from Indonesia by the local branch of Gideons International for distribution in schools, churches and longhouses in Betong, Saratok and other Christian areas in Sarawak state, have been detained at the Kuching Port since January.

Authorities told an unnamed officer of the importer on Jan. 12 that he could not distribute the books in Sarawak state, on the island of Borneo, since they “contained words which are also found in the Quran,” according to online news agency Malaysiakini. The officer was ordered to transport the books to the Home Ministry’s office for storage.

Last week, when the same officer enquired of the Home Ministry officials on the status of the Malay Bibles, authorities said they had yet to receive instructions on the matter.

This is not the first time government authorities have detained Malay-language Bibles, and Bishop Ng Moon Hing, chairman of Christian Federation of Malaysia, decried the action.

“The CFM is greatly disillusioned, fed-up and angered by the repeated detention of Bibles written in our national language,” Ng said. “It would appear as if the authorities are waging a continuous, surreptitious and systematic program against Christians in Malaysia to deny them access to the Bible in [Malay].”

An earlier consignment of 5,100 copies of the Good News Bible in Malay, imported by the Bible Society of Malaysia, was detained in Port Klang in March 2009. Together with this latest seizure, the total number of Bibles seized and remaining in possession of the Home Ministry amounts to 35,100 copies.

The CFM, representing a majority of Christians in Malaysia, released a statement on March 10 asserting, “All attempts to import the Bible in Bahasa Malaysia [Malay], i.e. the Alkitab, whether through Port Klang or the Port of Kuching, have been thwarted” since March 2009.

Prior to March 2009, there had been several such incidents, and “each time, tedious steps had to be taken to secure their release,” according to the CFM.

A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life. Christian leaders say having Bibles in the Malay language is crucial to the practice of their Christian faith.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

This latest Bible book seizure has irked Christians and drawn criticisms from politicians spanning both sides of the political divide.

The Sarawak Ministers Fellowship issued a statement registering its “strong protest,” describing the detention of the books as “unconstitutional” and in violation of the 18-point agreement for Sarawak in the formation of Malaysia.

Representing the opposition political party, People’s Justice Party (Sarawak Parti Keadilan Rakyat) Chief Baru Bian described the withholding as “religious harassment” and “a blatant disregard of our constitutional right as Christians in Malaysia.”

Chua Soi Lek, president of the Malaysian Chinese Association, a political party within the ruling coalition National Front, proposed that Malay Bibles be allowed to be printed locally. The deputy chief minister of Sarawak, Dr. George Chan, expressed the state government’s willingness to publish the Malay Bible locally.

Home Minister Hishammuddin Hussein was quoted in The Star newspaper today as saying, “The issue … is being resolved amicably with the parties concerned,” though how this was taking place was not apparent. The home minister has reportedly said the books had been withheld pending an appeal over the use of the word “Allah” in The Herald catholic newspaper.

Secretary-General of Malaysian Muslim Youth Movement Mohamad Raimi Abdul Rahim has called for the government to enforce the ban on use of the word “Allah” by non-Muslims nationwide, including in Sabah and Sarawak.

In a controversial court ruling on Dec. 31, 2009, Judge Lau Bee Lan had allowed The Herald to use the word “Allah” for God in the Malay section of its multilingual newspaper. The Home Ministry filed an appeal against the decision on Jan. 4, 2010, but to date there is no indication as to when the case will be heard.

Report from Compass Direct News

Algerian Christians to Appeal Conviction for Worshipping


Church leaders fear verdict could mean the end of the country’s Protestant churches.

ISTANBUL, December 15 (CDN) — Four Christian men in Algeria will appeal a court decision to hand them suspended prison sentences for worshiping without a permit, saying the verdict could have repercussions for all the country’s churches.

The correctional court of Larbaa Nath Irathen, about 27 kilometers (17 miles) from the capital of Tizi Ouzou Province, gave two-month suspended prison sentences to four Christian leaders of a small Protestant church on Sunday (Dec. 12).

The pastor of the church, Mahmoud Yahou, was also charged with hosting a foreigner without official permission. The court gave him a three-month suspended sentence and a fine of 10,000 Algerian dinars (US$130), reported French TV station France 24 on its Web site. The prosecutor had asked for one-year prison sentences for each defendant.

Although the suspended sentences mean the four Christians will not serve prison time, Yahou told Compass that he and the three other men plan to appeal the verdict because the outcome of their case could affect all Protestant churches of the country, none of which have official permission to operate.

“If they close us, they can close all the gatherings and churches that exist in Algeria,” Yahou said. “They could all be closed.”

In February 2008 the government applied measures to better control non-Muslim groups through Ordinance 06-03, which was established in 2006. Authorities ordered the closure of 26 churches in the Kabylie region, both buildings and house churches, maintaining that they were not registered under the ordinance. No churches have been closed down since then.

Despite efforts to comply with the ordinance, no churches or Christian groups have received governmental approval to operate, and the government has not established administrative means to implement the ordinance, according to the U.S. Department of State’s 2010 Report on International Religious Freedom.

Though none of the churches have closed since 2008, their status continues to remain questionable and only valid through registration with the Protestant Church of Algeria (EPA). The EPA, however, is also trying to gain official recognition.  

“Actually, this law of 2006 has come to light: people are condemned as criminals for the simple act of thinking and believing different,” the president of the EPA, Mustapha Krim, told Compass. “If we accept this [verdict], it means we are condemned to close our churches one after the other.”

Krim confirmed that based on Ordinance 06-03, none of the churches have actual authorization to operate, nor can Christians speak about their faith to other Algerians.

“If they condemn our four brothers, they need to condemn the others,” he said.

In a sign of solidarity towards the men and to demand the abolition of Ordinance 06-03, dozens of demonstrators gathered outside the courthouse on the first hearing of the case on Sept. 26. Demonstrators carried banners that read: “Places of worship for everyone,” “Freedom of religion = freedom of conscience,” and “Abolition of the Law of 06-03-2006.”

Attending the re-opening of a Catholic church in Algeria’s capital on Monday (Dec. 13), Religious Affairs Minister Bouabdellah Ghlamallah told reporters, “Religious freedom in Algeria is a reality,” reported Reuters.

The Algerian Constitution gives the right to all citizens to practice their faith, although it declares Islam the state religion and prohibits institutions from behavior incompatible with Islamic morality.

Yahou said the judge did not pass a rightful judgment and thus had no real sense of justice.

“I think he has no conscience,” Yahou said. “We can’t be persecuted for nothing. He didn’t judge on the law and constitution, he judged on Islam. If he had read what is in the constitution, he wouldn’t have made this decision.”

The small church of Larbaa Nath Irathen, consisting only of a few families, had problems as early as 2008, when a group of Islamic radicals launched a petition against the church without success.  

Yahou told Compass that he knew very well the people in the village who brought charges against them, saying that they have tried to intimidate the church for the past few months in an effort to close it down.

“These are Islamists, and I know them in this village,” Yahou said.

Tizi Ouzou is part of Kabylie region, an area of Algeria where the country’s Protestant church has grown with relative freedom in recent years.

There are around 64 Protestant churches in the Kabylie region, where most Algerian Christians live, as well as numerous house groups, according to church leaders. The Kabylie region is populated by Berbers, an indigenous people of North Africa.

In October a court in the region acquitted two Christian men of eating during Ramadan in spite of a prosecutor’s demand that they be punished for “insulting Islam.”

In January Muslim neighbors ransacked and set on fire a church in Tizi Ouzou. In September a court in Tizi Ouzou ordered a local church to stop construction on an extension to its building and to tear it down.

Unofficial estimates of the number of Christian and Jewish citizens vary between 12,000 and 50,000, according to the state department’s report.

Report from Compass Direct News