Calling out China for cyberattacks is risky — but a lawless digital world is even riskier

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Alexander Gillespie, University of WaikatoToday’s multi-country condemnation of cyber-attacks by Chinese state-sponsored agencies was a sign of increasing frustration at recent behaviour. But it also masks the real problem — international law isn’t strong or coherent enough to deal with this growing threat.

The coordinated announcement by several countries, including the US, UK, Australia and New Zealand, echoes the most recent threat assessment from the US intelligence community: cyber threats from nation states and their surrogates will remain acute for the foreseeable future.

Joining the chorus against China may be diplomatically risky for New Zealand and others, and China has already described the claims as “groundless and irresponsible”. But there is no doubt the problem is real.

The latest report from New Zealand’s Government Communications Security Bureau (GCSB) recorded 353 cyber security incidents in the 12 months to the middle of 2020, compared with 339 incidents in the previous year.

Given the focus is on potentially high-impact events targeting organisations of national significance, this is likely only a small proportion of the total. But the GCSB estimated state-sponsored attacks accounted for up to 30% of incidents recorded in 2019-20.

Since that report, more serious incidents have occurred, including attacks on the stock-exchange and Waikato hospital. The attacks are becoming more sophisticated and inflicting greater damage.

Globally, there are warnings that a major cyberattack could be as deadly as a weapon of mass destruction. The need to de-escalate is urgent.

Global solutions missing

New Zealand would be relatively well-prepared to cope with domestic incidents using criminal, privacy and even harmful digital communications laws. But most cybercrime originates overseas, and global solutions don’t really exist.

In theory, the attacks can be divided into two types — those by criminals and those by foreign governments. In reality, the line between the two is blurred.

Dealing with foreign criminals is slightly easier than combating attacks by other governments, and Prime Minister Jacinda Ardern has recognised the need for a global effort to fight this kind of cybercrime.

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With cyberattacks growing more frequent and disruptive, a unified approach is essential

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To that end, the government recently announced New Zealand was joining the Council of Europe’s Convention on Cybercrime, a global regime signed by 66 countries based on shared basic legal standards, mutual assistance and extradition rules.

Unfortunately, some of the countries most often suspected of allowing international cybercrime to be committed from within their borders have not signed, meaning they are not bound by its obligations.

That includes Russia, China and North Korea. Along with several other countries not known for their tolerance of an open, free and secure internet, they are trying to create an alternative international cybercrime regime, now entering a drafting process through the United Nations.

Cyberattacks as acts of war

Dealing with attacks by other governments (as opposed to criminals) is even harder.

Only broad principles exist, including that countries refrain from the threat or use of force against the territorial integrity or political independence of any state, and that they should behave in a friendly way towards one another. If one is attacked, it has an inherent right of self-defence.

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Improving cybersecurity means understanding how cyberattacks affect both governments and civilians

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Malicious state-sponsored cyber activity involving espionage, ransoms or breaches of privacy might qualify as unfriendly and in bad faith, but they are not acts of war.

However, cyberattacks directed by other governments could amount to acts of war if they cause death, serious injury or significant damage to the targeted state. Cyberattacks that meddle in foreign elections may, depending on their impact, dangerously undermine peace.

And yet, despite these extreme risks, there is no international convention governing state-based cyberattacks in the ways the Geneva Conventions cover the rules of warfare or arms control conventions limit weapons of mass destruction.

Drawing a red line on cybercrime: US President Joe Biden meets Russian President Vladimir Putin in Geneva in June.
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Risks of retaliation

The latest condemnation of Chinese-linked cyberattacks notwithstanding, the problem is not going away.

At their recent meeting in Geneva, US President Joe Biden told his Russian counterpart, Vladimir Putin, the US would retaliate against any attacks on its critical infrastructure. A new US agency aimed at countering ransomware attacks would respond in “unseen and seen ways”, according to the administration.

Such responses would be legal under international law if there were no alternative means of resolution or reparation, and could be argued to be necessary and proportionate.

Also, the response can be unilateral or collective, meaning the US might call on its friends and allies to help. New Zealand has said it is open to the proposition that victim states can, in limited circumstances, request assistance from other states to apply proportionate countermeasures against someone acting in breach of international law.

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Ransomware, data breach, cyberattack: What do they have to do with your personal information, and how worried should you be?

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A drift towards lawlessness

But only a month after Biden drew his red line with Putin, another massive ransomware attack crippled hundreds of service providers across 17 countries, including New Zealand schools and kindergartens.

The Russian-affiliated ransomware group REvil that was probably behind the attacks mysteriously disappeared from the internet a few weeks later.

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Read more:
Cyber Cold War? The US and Russia talk tough, but only diplomacy will ease the threat

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Things are moving fast and none of it is very reassuring. In an interconnected world facing a growing threat from cyberattacks, we appear to be drifting away from order, stability and safety and towards the darkness of increasing lawlessness.

The coordinated condemnation of China by New Zealand and others has considerably upped the ante. All parties should now be seeking a rules-based international solution or the risk will only grow.

Alexander Gillespie, Professor of Law, University of Waikato

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

Central African Republic: A Lawless State

Somali Christian Killed, Four Children Kidnapped

Al Shabaab insurgents allegedly seek to train young ones as Islamist soldiers.

NAIROBI, Kenya, September 7 (CDN) — Another member of an underground Christian movement in Somalia has been murdered by Muslim insurgents in a continuing campaign to eliminate converts from Islam.

Area sources said al Shabaab militants entered the house of Osman Abdullah Fataho in Afgoi, 30 kilometers (19 miles) from Mogadishu in Shibis district, at 10:30 the night of July 21 and shot him dead in front of his wife and children.

Fataho was a long-time Christian deeply involved in the activities of the small, secret Christian community, sources said. Area Christians said they suspected someone had informed the insurgents of Fataho’s faith.

The assailants abducted his wife and children, later releasing her on the condition that she surrender the little ones to be trained as soldiers, sources said.

“We know they have taken the children to brain-wash them, to change their way of life from Christian to Muslim and to teach them the Quran,” said one source. “Al Shabaab was aware that her husband was a Christian, but they were not sure of her faith.”

Abducted were 5-year-old Ali Daud Fataho, 7-year-old Fatuma Safia Fataho, 10-year-old Sharif Ahmed Fataho and Nur Said Fataho, 15.

A Christian leader who attended Fataho’s funeral on July 22 said that one of the slain man’s relatives noted that the insurgents had targeted him because he had left Islam. The al Shabaab militants are said to have links with al Qaeda.

The incident has spread fear among the faithful in the lawless country, much of which lies in the grip of ruthless insurgents intent on rooting out any person professing Christianity. Leaders of the Christian underground movement have been forced to flee their homes to avoid being killed by the insurgents, said one leader who together with seven others has temporarily moved to an undisclosed area.

The leader added that he was unable to go to his office for fear of falling into the hands of the hard-line Islamic insurgents.

Al Shabaab, which controls large parts of central Somalia, recently banned radio stations from playing music and outlawed bell ringing that signals the end of school classes “because they sound like church bells.”

In 2009 Islamic militants in Somalia sought out and killed at least 15 Christians, including women and children. This year, on Jan. 1 al Shabaab insurgents murdered 41-year-old Mohammed Ahmed Ali after the Christian had left his home in Hodan, on the outskirts of Mogadishu.

On March 15, al Shabaab rebels shot Madobe Abdi to death on March 15 at 9:30 a.m. in Mahaday village, 50 kilometers (31 miles) north of Jowhar. Abdi’s death was distinctive in that he was not a convert from Islam. An orphan, Abdi was raised as a Christian.

On May 4, the militants shot Yusuf Ali Nur to death in Xarardheere, about 60 kilometers (37 miles) from Jowhar. The 57-year-old Nur had been on a list of people al Shabaab suspected of being Christian, sources who spoke on condition of anonymity told Compass.

The transitional government in Mogadishu fighting to retain control of the country treats Christians little better than the al Shabaab insurgents do. While proclaiming himself a moderate, President Sheikh Sharif Sheik Ahmed has embraced a version of sharia (Islamic law) that mandates the death penalty for those who leave Islam.

Report from Compass Direct News

Ethiopian Authorities Concoct New Charge against Christian

Holding convert from Islam without formal charges since May, police seek ‘terrorism’ evidence.

NAIROBI, Kenya, February 18 (CDN) — Prosecutors and police are trying to concoct a terrorism case against an Ethiopian convert from Islam who has been jailed since May without formal charges, Christian leaders said.

Bashir Musa Ahmed, a 39-year-old Ethiopian national, was arrested on May 23 when police found him in possession of eight Bibles in Jijiga, capital of Ethiopia’s Somali Region Zone Five, a predominantly Muslim area in eastern Ethiopia. Zonal police arrested him after he was accused of providing Muslims with the Somali-language Bibles, sources said, though Ethiopia’s constitution protects such activity.

A state official joined Christian leaders in stating that Islamist interests have kept Ahmed in jail in spite of the state’s failure to find any legitimate charge against him. Initially the Christian was arrested for “malicious” distribution of a version of the Bible that is widely available in Ethiopia and is commonly used by Somali Christians inside and outside of the country.

Unable to mount a case rooted in Islamist accusations with no legal bases, authorities have turned toward the terrorism charge as a new tactic, Christian leaders said. Police have submitted the terrorism charge to prosecutors, prompting the prosecutors last month to ask police to find some evidence for the accusation, according to a church leader.

“Police have submitted their investigation results to the prosecutor’s office accusing Bashir of terrorism,” said the church leader. “We heard that the prosecutors asked police to solidify their accusations with evidences of Bashir’s connections [to a terrorist group, and to specify] which terrorist group. Prosecutors seem to feel they need to have some evidence to charge him with terrorism.”

Church leaders said they have received reports of authorities beating Bashir in jail.

“We repeatedly asked prison officials to take him to the hospital, and they are not willing to do so,” said the church leader. “We are only allowed to talk to him for few minutes in the presence of onlookers. We take food for him, and we don’t know whether it reaches him or not.”

The church leader said law enforcement officials are receiving pressure from tribal and Islamic religious leaders.

“We have visited a number of officials in the region – the regional state president, the chairman of security forces and others, and they openly told us that they don’t want to dismay the public by releasing Bashir,” he said. “Some of the officials were saying to us that it is not right to translate the Bible into the regional state language and cultural context.”

A Christian worker in Addis Ababa said a regional state official of the ruling Ethiopian People’s Revolutionary Democratic Front who has close ties with authorities said that Ahmed was about to be released at one point, as prosecutors were unable to find any chargeable offense against him.

“I was almost sure he would be released within days,” at least on bail, the official told the Christian worker, but “other issues came into play to influence the turn of events.”

The official recalled participating in meetings in which regional state officials brought together all tribal and religious leaders in Somali state, he said.

“I heard the regional state leaders say that they are directly handling Ahmed’s case to protect the religion and culture of Somalis,” he said. “It was enough for me to realize that Ahmed’s case involved a different agenda.”

The Ethiopian constitution guarantees freedom of religion, the official told the Christian worker.

“This is not the communist regime’s time,” he said. “Everyone has the right to follow and practice the religion of his choice. Ahmed shouldn’t be in jail for a single day. I suspect that the regional leaders are using Ahmed’s case for other purposes.”

Ethiopia’s constitution, laws and policies promote freedom of religion, but occasionally local authorities infringe on this right, according to the U.S. Department of State. An estimated 40 to 45 percent of Ethiopia’s population belongs to the Ethiopian Orthodox Church, evangelical and Pentecostal groups make up another 10 percent, and about 45 percent of the country’s people are Sunni Muslim, according to the report.

Held without a court appearance for several months, Ahmed has been repeatedly denied bail as police continued to ask the court for more time to carry out investigations. At one hearing, sources said, a judge in Dire Dawa asked what crime Ahmed had committed; the prosecutor responded that Ahmed was trying to perpetuate a religious clash in the region.

Prosecutors have repeatedly opposed the defendant’s pleas for bail with the argument that the case is a “very high sensitive matter with a potential to instigate religious instability.”

“Ahmed’s case is still pending and seems beyond legal proceedings,” said the Christian worker. “We have tried every possible way, and all didn’t work.”

Powers and Authorities

Bordering lawless Somalia, Ethiopia’s Somali state sees sporadic instability in various areas, and sources said federal officials appear reluctant to take action that could diminish trust with tribal and religious leaders.

An Ethiopian national, Ahmed is known as a bold preacher of Christianity and is credited with opening discussion of the two faiths between Christian and Muslim leaders. He is well-known in the area as a scholar of Islam.

The Christian worker said he has spoken to the speaker of the House of Federation in Addis Ababa, asking that he intervene; he has also brought the matter to the attention of the national security adviser to the prime minister. The adviser said he was unhappy with the handling of Ahmed’s case and promised to come back with some answers within a week.

“This one too just disappeared,” the Christian worker said. “It seems to me that we are only left with the exceptional intervention from God.”

He said a ministry representative in the region has visited the police commander in Somali state to ask why Ahmed has been kept so long without trial. The commander was not responsive, he said.

“When he was challenged that it was Ahmed’s constitutional right to get formal court proceedings, the commander abruptly responded that the constitution was second to his Islamic faith,” the worker said. He added that state authorities, unlike in other areas, are acting according to their personal will rather than the law.

A church leader following the case in Jijiga said that even after many months in prison, Ahmed was fervently telling about faith in Christ to other inmates. “He is zealous to reach his tribe’s men,” said the church leader.

A conviction on terrorism charges would bring him a harsh sentence, he said.

“Bashir has an indefinite and uncertain future,” he said. “Pray for him.”

Report from Compass Direct News 

PAKISTAN: TALIBAN-INSPIRED ATTACKS HIT CHRISTIANS

Armed militants fire into crowd, seriously injuring three; jizye tax imposed in Orakzai.

ISTANBUL, April 27 (Compass Direct News) – As Taliban control hits pockets of Pakistan and threatens the nation’s stability, Christians worry their province could be the next to fall under Islamic law.

Violence on Tuesday night and Wednesday (April 21-22) near the port city of Karachi – some 1,000 kilometers (nearly 700 miles) from the Swat Valley, where the government officially allowed the Taliban to establish Islamic law this month – heightened fears. Christians in Taiser town, near Karachi, noticed on the walls of their church graffiti that read, “Long Live the Taliban” and calls for Christians to either convert to Islam or pay the jizye, a poll tax under sharia (Islamic law) paid by non-Muslims for protection if they decline to convert.

As members of the congregation erased the graffiti, armed men intervened to stop them. Soon 30-40 others arrived as support and began to fire indiscriminately at the crowd, leaving several injured. Among those seriously injured were three Christians, including a child, according to a report by advocacy group Minorities Concern of Pakistan: Emrah Masih, 35, Qudoos Masih, 30, and Irfan Masih, 11. A Pashtun named Rozi Khan was also among the injured.

Policemen and military forces arrested seven suspects at the scene and recovered an arms cache of semi-automatic pistols and a Kalashnikov assault rifle.

The Taliban is an insurgent movement of primarily Pashtun Islamists ousted from power in Afghanistan in 2001. Pakistani media portrayed the Karachi violence as a sectarian clash between Christians and Pashtuns that escalated into a gunfire exchange and that Christians committed arson attacks. The Daily Times claimed that the Christians protested the graffiti by setting ablaze some shops, including roadside stalls and pushcarts.

But a legal advocacy worker told Compass that police scattered the Christians when they began their protests and stood by as a Taliban-assembled mob attacked them.

“The Christians do not have guns, they do not have weapons, but only a little bit of property and the few things in their houses,” said Sohail Johnson, chief coordinator of Sharing Life Ministry Pakistan. “They are poor and have no courage to fight them. How can Christians, who lived like animals here, stand against them?”

Johnson said that local Christians, terrified over recent Talibanization campaigns, may not pursue legal action against the arrested men, although Asia News reported that Qudoos Masih filed an initial report at the Sarjani town police station. The Christians fear inciting violence by taking a stand against elements connected with the Taliban, Johnson said.

Eyewitnesses to the attacks against Christians in Karachi said they were religiously motivated. A representative of the Muttahida Quami Movement (MQM) regional party told Compass that after firing on the crowd, the Taliban went through Christian houses, ransacked them and burned one down. He said they also burned Bibles and beat women on the street. Reports of two execution-style killings of Christians could not be verified.

Karachi police and administration reportedly claimed that the Karachi attack came not from the Taliban but from Pashtuns who resettled in the area from the North West Frontier Province (NWFP). The MQM, however, has long suspected Taliban presence in Karachi.

 

Expanded Campaign of Violence

Local officials are worried that the Taliban is making inroads into Karachi, the financial center of Pakistan, in the same way it did within the Swat Valley in the NWFP.

In mid-February Pakistan’s fertile Swat Valley turned into a Taliban stronghold ruled by sharia under a “peace agreement,” but instead of honoring the accord with an end to bombings and other violence, the Islamic militants have expanded their campaign to outlying areas and other parts of the country. Of the 500 Christians remaining in Swat Valley when sharia was initially established in February, many have migrated to other provinces while those who stayed live in fear of a rise in violence against non-Muslims.

In the Federally Administered Tribal Area adjacent to the NWFP, the Taliban this month demanded a jizye payment of 50 million rupees (US$625,000) from Sikhs living in Orakzai Agency. Those who did not flee paid a combined total of 2 million rupees (US$25,000), and Christians worry they could be next. Relegating non-Muslims to dhimmi status – the second-class state of those subject to an Islamic administration and its jizye tax in exchange for protection – is part of the writings of the founder of the Jamiat Ulema-e-Islam (Assembly of Islamic Clergy), one of Pakistan’s main Islamic parties with ties to the Taliban in Afghanistan and similar parties in Bangladesh and Egypt.

Last week the Taliban effectively took control of Buner district, just 60 miles from the capital of Islamabad, and it has begun battling government soldiers in Malakland Agency.

Non-Muslims make up 3 percent of the population in the Muslim-majority nation of 176 million. They are frequently marginalized, particularly in the sharia-influenced justice system that gives precedence to Muslims. But they fear Taliban infiltration will accelerate their marginalization in a stealth manner, as they cannot tell the difference between a Taliban fighter and a community member.

“We cannot identify who is a Taliban fighter because there are an uncountable number of people who have a beard and wear a turban,” Johnson said. “We cannot recognize who belongs to the Taliban because they penetrate every corner of Pakistan.”

The MQM official in Karachi said many of the Christians in the area are poor and illiterate. They are on the lower rungs of the social ladder and have nobody to protect their interests except for the church.

“Nobody is going to help them,” he said. “The church can help them get education, but they are not also able to give them [security] help.”

His statements were backed by MQM leader Altaf Hussein, who called on Pakistan’s Interior Ministry to take emergency preventative measures to ensure the safety of minorities against the “rising activities of armed lawless elements,” according to The News International.

A local teacher said that during the looting police only stood by, making no effort to stop the Taliban as they ransacked Christian houses.

“Rather than stopping them, they allowed them to burn the houses, [harass] the Christian women and burn Bibles,” he said.

Although Pakistani politicians and security forces have said openly in recent weeks that the Taliban was closing in on Islamabad and could trigger a government collapse, they claimed the pro-Taliban slogans in Karachi were scrawled not by the Taliban but conspirators wanting to incite violence.

Maulana Fazlur Rehman, an Islamist party leader, said talk of the Talibanization of Karachi was merely a ruse to allow the United States to invade Pakistan as it had done to Afghanistan.

“Those raising this slogan are trying to create another Osama for America in this part of the world,” he said, according to The News International.

The Karachi attacks were part of escalating violence throughout the country. The government informed the National Assembly on April 20 that 1,400 people had been killed in terrorist attacks in the last 15 months.

Report from Compass Direct News

KENYA: CHURCH STRUGGLING AFTER ISLAMISTS DESTROY BUILDING

Six months after attack, Muslim assailants still at large; weary congregation faces heat, rain.

GARISSA, Kenya, March 5 (Compass Direct News) – Six months after a gang of Muslim youths ruined a church building in this town in northern Kenya, Christians still worshipping in the sweltering heat of the open air say they feel disillusioned that officials have done nothing to punish the culprits or restore their structure.

On a sunny afternoon last Sept. 14, when angry Muslim youths threw more than 400 members of the Redeemed Gospel Church out of their church building, the Christians hoped they would be able to return to the ruins of their former structure. That hope is quickly giving way to anger, hopelessness and despair.

“After six months in the open, the church feels tired and cheated,” said pastor David Matolo. “We are fed up with the empty promises from the government administration.”

He said the church, which began worshipping in Garissa in early 2001 with only a dozen members, is fast shrinking.

“Our church membership has decreased, which is of great concern to me,” he told Compass. “The church thinks that the government has decided to buy time – almost every month I do book appointments with the relevant authorities, who on several occasions have given us a deaf ear.”

Since the attack, church members have been meeting at the town show grounds. Just a few miles from the Somali border, the site has few trees to protect the congregation from the scorching sun, with temperatures ranging from 92 to 104 degrees F (30 to 40 degrees C).

Asked why he thought government officials were reluctant to grant the church a permanent place of worship as promised, an irritated Matolo did not hesitate to reply.

“The administration has decided, ‘kutesa [inflict pain on us],’ always making promises that never come to pass,” he said. “At times the provincial commissioner deliberately decides not to take my phone calls. I have had a painful experience.”

Matolo said he has asked the administration either to allow the church to build a new structure on land lying idle near a police training college or to let them return to their original site. “We are ready for any eventuality,” he said. “We feel that the administration is not concerned about our spiritual welfare.”

Asked about the pastor’s complaints, provincial police officer Stephen Chelimo told Compass, “The issue at the moment is not within my docket, but wholly rests upon the provincial commissioner.”

But Provincial Commissioner Stephen Maingi said the onus rested on the district commissioner. “Let the district commissioner sort this issue with the pastor,” Maingi said.

District Commissioner Onyango Ogango, in turn, indicated the church itself was the source of problems.

“If the church is allowed to return to their original site, we will expect a fight to erupt with the Muslims,” Ogango said. “Earlier on, the church began very well during its initial stage of inception with controlled worship, but later it turned out to hold noisy prayers and loud songs.”

Further questioned about these allegations, however, Ogango said he would call the pastor to discuss a resolution. Even so, Matolo said previous contact with the district commissioner did not leave him with high expectations.

“Our district commissioner seemed to have no feelings for our predicament,” he said. “The faces of the congregation members speak a lot.”

A glance at the worshippers confirmed his appraisal. They looked weary and anxious, with impending April rains expected to add to the indignity of their situation. Matolo said his congregation feels that soon it will be difficult to worship at all.

Even a temporary home did not appear to be forthcoming. The pastor said their request for a site near the provincial commissioner’s residence was dismissed on the grounds that it would create a security concern.

 

Radical Islamic Influence

Tensions between Christians and the Muslim-majority population in the semi-desert town of 20,000 people began in June 2007, when Muslims built a mosque too close to the church building – only three meters separated the two structures.

Matolo said pleas to District Commissioner Ogango did nothing to reverse the encroachment of Muslim worshippers.

Land issues alone have not been responsible for tensions in the area. The Rev. Ibrahim Kamwaro, chairman of the Pastors’ Fellowship in Garissa, said Matolo had offended Muslims when he preached to a lame Muslim man. Muslims were said to be upset that the pastor persuaded the disabled man to stop going to the mosque and instead join his church.

Matolo’s alleged promise to the disabled man of a better life offended area Muslims, Rev. Kamwaro said.

Christians feel increasingly hunted and haunted as the spread of Islamic extremism is fast gaining ground in this town, located about 400 kilometers (249 miles) from Nairobi, the capital. In neighboring Somalia, newly elected President Sharif Sheikh Ahmed on Feb. 28 offered the introduction of sharia (Islamic law) in exchange for a truce with a rebel extremist group said to have ties to al Qaeda, al Shabaab; the rebels said they would keep fighting. Many fear that Muslim youths in this lawless part of Kenya will be tempted to adopt the radical, uncompromising posture of the fighters.

To date, the gang of more than 50 Muslim youths who attacked worshippers and brought their church to ruins have not been apprehended. Members of the congregation feel justice is increasingly elusive.

In Garissa, Muslims restrict churches in other ways. Christians are not allowed to pray, sing or use musical instruments in rented homes owned by Muslims. No teaching of Christian Religious Education in schools is allowed; only Islamic Religious Knowledge is taught.

Garissa has more than 15 Christian denominations, including the East Africa Pentecostal Church, the Redeemed Gospel Church, the Anglican Church, Deliverance Church, Full Gospel Churches of Kenya and the African Inland Church.

Report from Compass Direct News