The case of Michaelia Cash and her leaking adviser illustrates a failure of ministerial responsibility



File 20171026 28036 pjf32w.jpg?ixlib=rb 1.1
Michaelia Cash has refused to resign over misleading parliament, claiming she was unaware of one of her staffer’s actions.
AAP/Lukas Coch

Yee-Fui Ng, RMIT University

The federal opposition is continuing to call for Employment Minister Michaelia Cash’s resignation, claiming she misled parliament this week after repeatedly telling a Senate estimates committee that neither she nor her office had any involvement in tipping off the media about a police raid.

Cash’s senior media adviser, David De Garis, later confessed he had leaked information about the raid on the Australian Workers Union’s offices to the press. Cash retracted her statements and De Garis resigned.

Labor frontbencher Tony Burke argued that “the wrong person has resigned”. But Cash has refused to resign, claiming she was unaware of her staffer’s actions. Prime Minister Malcolm Turnbull has defended Cash, saying she acted properly.

Who are these advisers?

Ministerial advisers are partisan staff who are personally appointed by ministers and work out of the ministers’ private offices.

The number of Commonwealth ministerial staff has increased over the years from 155 in 1972 to 423 in 2015.

Ministerial advisers undertake a wide range of functions. Tony Nutt, a long-time former adviser, has said:

… a ministerial adviser deals with the press. A ministerial adviser handles the politics. A ministerial adviser talks to the union. All of that happens every day of the week, everywhere in Australia all the time. Including frankly, the odd bit of, you know, ancient Spanish practices and a bit of bastardry on the way through. That’s all the nature of politics.

The question is what happens if advisers overstep their roles?

Ministerial responsibility and political advisers

According to the doctrine of ministerial responsibility, ministers are responsible to parliament for the acts of their departments.

British academic Sir Ivor Jennings wrote that the “act of every civil servant is by convention regarded as the act of the minister”. And British MP Lord Morrison proclaimed that the “minister is responsible for every stamp stuck on an envelope”.

But it is doubtful that this principle has ever reflected reality. It is rare for ministers to resign or even accept responsibility for the actions of their department, where they were not personally involved.

Ministers should also technically take responsibility for the actions of advisers in their own offices, who are at an even higher level of direct ministerial control than departments.

Even more than public servants, advisers are seen to be acting as alter egos of their ministers. This means ministers should be accountable to parliament for the actions of their advisers – even those they did not authorise.

But what happens in reality is that ministers tend to use their advisers as scapegoats and blame them for controversial events. This is consistent with “public choice” theory, which predicts that politicians have the incentive to deflect all the blame that comes in their direction while accepting the credit for anything that goes right.

How are advisers regulated?

Australia has inadequate legal and political regulation of ministerial advisers. They are subject to a Statement of Standards, which sets out the standards they are supposed to meet in preforming their duties.

Sanctions under the standards are handled internally within the executive through the Prime Minister’s Office. This means any breaches of the standards by ministerial advisers would be handled behind closed doors, without the scrutiny of parliament or any external bodies.

Ministerial advisers have also refused to appear before parliamentary committees on their minister’s instruction. This has impeded the investigations of significant parliamentary committees, including the Children Overboard affair.

Australia thus has minimal legal and political regulation of ministerial advisers. This has led to an accountability deficit, where ministers have been able to utilise their advisers to escape responsibility for public controversies and scandals.

How can we fix the system?

Other Westminster jurisdictions have more stringent regulation of political advisers.

There are a few forms of regulation of advisers. The first is restrictions on the employment of advisers, either through a cap on the numbers of advisers, as in the UK, or a cap on the total budget for advisers, as in Canada.

Second, regulations can restrict the actions of advisers themselves. For example, in the UK, there is a prohibition on advisers leaking confidential or sensitive information, which would have been applicable in this scandal.

Canada has post-employment restrictions banning advisers from becoming lobbyists for five years after ceasing their employment.

Third, transparency measures also exist, such as requirements that departments disclose all meetings that advisers have with the media (as in the UK) and what hospitality these advisers receive (in the UK and Canada).

Ideally, the Australian regulatory framework should be reformed so it is policed externally from the core executive. In Canada, the conflict of interest and lobbying provisions are policed by the Conflict of Interest and Ethics Commissioner, who has been independent and ready to criticise the government.

And, in the UK, the rules provide for political advisers to appear before parliamentary committees. Similar guidelines could be drafted to facilitate the appearance of advisers before Australian parliamentary committees.

The ConversationIn the last 40 years, ministerial advisers have become an integral part of Australia’s system of government. But the law and rules have lagged behind, and our system should be reformed to ensure greater accountability.

Yee-Fui Ng, Lecturer, Graduate School of Business and Law, RMIT University

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

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Chinese Rights Lawyer Gao Zhisheng Missing Again


Two weeks after release, Christian vanishes while in police custody.

DUBLIN, May 7 (CDN) — Gao Zhisheng, a Christian human rights lawyer released by Chinese officials on April 6 and missing again since April 20, is “definitely in the hands of Chinese security forces,” Bob Fu of the China Aid Association (CAA) told Compass.

“We’ve heard the reports and we’re investigating this closely,” Fu said. “Right now nobody has been able to locate him. The Chinese security forces need to come up with an explanation.”

Gao, initially seized from his home in Shaanxi Province on Feb. 4, 2009 and held incommunicado by security officials for 13 months, was permitted to phone family members and colleagues in late March before officials finally returned him to his Beijing apartment on April 6.

In a press conference held in a Beijing teahouse the day after his return, Gao said he wanted to be reunited with his family, who fled to the United States in January 2009, and he claimed he no longer had the strength to continue his legal work. He also said he could not comment on the treatment he received while in captivity.

Gao also told a reporter from the South China Morning Post (SCMP) that he expected to travel to Urumqi within days of his release to visit his in-laws.

Witnesses saw Gao leaving his apartment sometime between April 9 and 12 and getting into a vehicle parked outside his building, SCMP reported on April 30. Gao’s father-in-law reportedly confirmed that Gao arrived at his home with an escort of four police officers but spent just one night there before police took him away again.

Gao phoned his father-in-law shortly before he was due to board a flight back to Beijing on April 20. He promised to call again after returning home but failed to do so, according to the SCMP report.

Fu said he believes that international pressure forced authorities to allow Gao a brief re-appearance to prove that he was alive before officials seized him again to prevent information leaking out about his experiences over the past year.

During a previous detention in 2007, Gao’s captors brutally tortured him and threatened him with death if he spoke about his treatment. Gao later described the torture in an open letter published by CAA in 2009.

Gao came to the attention of authorities early last decade when he began to investigate the persecution of house church Christians and Falun Gong members. In 2005 he wrote a series of open letters to President Hu Jintao and Premier Wen Jiabao accusing the government of torturing Falun Gong members.

When the letters appeared, authorities revoked Gao’s law license and shut down his law firm, sources told CAA.

He was given a suspended three-year jail sentence in December 2006, following a confession that Gao later claimed was made under extreme duress, including torture and threats against his wife and children. Gao was then confined to his Beijing apartment under constant surveillance – forbidden to leave his home, use his phone or computer or otherwise communicate with the outside world, according to a report by The New York Times.

A self-taught lawyer and a Communist Party member until 2005, Gao was once recognized by the Ministry of Justice as one of the mainland’s top 10 lawyers for his pro bono work on human rights cases, according to SCMP.

Report from Compass Direct News 

China Moves Uyghur Christian Prisoner, Allows Family Visit


Court rejects appeal of 15-year sentence for Alimjan Yimit.

DUBLIN, April 29 (CDN) — Authorities in Xinjiang Province recently moved Uyghur Christian Alimjan Yimit from a prison in Kashgar to a prison in the provincial capital Urumqi and allowed the first visit from family members since his arrest in January 2008, sources told Compass.

Alimjan (Alimujiang Yimiti in Chinese) was noticeably thinner but in good spirits, the family told friends after their brief visit to him in Xinjiang No. 3 prison on April 20, one source told Compass. They were allowed only 15 minutes to speak with Alimjan via telephone through a glass barrier, the source said.

But Alimjan’s lawyers, Li Baiguang and Liu Peifu, were prohibited from meeting with him, despite gaining permission from the Xinjiang Bureau of Prison Management, the China Aid Association (CAA) reported on Saturday (April 24).

Officials have now granted Alimjan’s wife Gulnur (Chinese spelling Gulinuer) and other close family members permission to visit him once a month.

Alimjan and Gulnur pastored a Uyghur ethnic house church in Xinjiang prior to his arrest in January 2008.

Attorney Li told Radio Free Asia earlier this month that while the initial charges against Alimjan were both “instigating separatism” and “leaking state secrets” to foreign organizations, his actual offense was talking to visiting Christians from the United States.

The Kashgar Intermediate Court found Alimjan guilty of “leaking state secrets” on Oct. 27, 2009 and gave him a 15-year sentence. His lawyers appealed the sentence, but the People’s High Court of Xinjiang upheld the original verdict on March 16.

“This decision is illegal and void because it never succeeded in showing how Alimjan supplied state secrets to people overseas,” Li said, according to Radio Free Asia.

“Religion lies at the heart of this case,” fellow legal advocate Li Dunyong, who was effectively disbarred at the end of May 2008 when Chinese authorities turned down an annual application to renew his law license, told Radio Free Asia.

Zhang Kai, another Beijing lawyer who had defended Alimjan, suffered the same fate. (See “China Refuses to Renew Licenses for Human Rights Lawyers,” June 11, 2009.)

Alimjan’s legal team now plans to appeal to the Beijing Supreme Court, according to CAA.

Court Irregularities

Officials initially interrogated Alimjan during his employment by two foreign-owned companies and forbade him to discuss the questioning with anyone. In September 2007 they closed the business he then worked for and accused him of using it as a cover for “preaching Christianity” among the Uyghurs.

Kashgar police then detained Alimjan on Jan. 11, 2008 on charges of endangering state security before formally re-arresting him on Feb. 20, 2008 for allegedly “inciting secession” and “leaking state secrets.”

He was then held for more than a year at the Kashgar Municipal Detention Center without facing trial.

After an initial closed hearing in the Kashgar Intermediate Court on May 27, 2008, court officials returned Alimjan’s case to state prosecutors citing lack of evidence. During a second secret hearing in July 2008 the charge of “inciting secession” was dropped. After further investigation the case was returned to court officials for consideration in mid-October 2008.

On Mar. 30, 2009, just one week after a rare prison visit from his lawyer, prison officials transferred Alimjan to a hospital in Kashgar. Alimjan called out to onlookers, “I’m sick. Tell my lawyer to come quickly to see me,” according to a CAA report. Compass sources confirmed that Alimjan had been beaten in prison. (See “Detained Uyghur Christian Taken to Hospital,” April 16, 2009.)

Last October, authorities finally sentenced Alimjan to 15 years in prison for “leaking state secrets” to foreign organizations.

“It is the maximum penalty for this charge … which requires Alimjan’s actions to be defined as having caused irreparable, grave national damage,” Li Dunyong said in a CAA press statement announcing the verdict.

The United Nations Working Group on Arbitrary Detention has ruled the arrest and detention of Alimjan to be arbitrary and in violation of international law, according to CAA.

Report from Compass Direct News 

Chinese Pastor Sentenced to 15 Years in Prison


Harsh punishment for house church leader based on apparently far-fetched charge.

LOS ANGELES, December 8 (CDN) — Chinese authorities have quietly sentenced Uyghur Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) to 15 years in prison on the apparently contrived charge of “providing state secrets to overseas organizations,” according to China Aid Association (CAA).

The charge against the 36-year-old house church leader, held for more than two years at Kashgar Detention Center in China’s troubled Xinjiang region, was apparently based on interviews he granted to media outside of China, according to his lawyer, Li Dunyong.

“The 15-year sentence is far more severe than I originally expected,” Li said in a CAA press statement released yesterday. “It is the maximum penalty for this charge of ‘divulging state secrets,’ which requires Alimujiang’s actions to be defined as having ‘caused irreparable national grave damage.’”

CAA President Bob Fu said Alimjan’s sentence was the most severe for a house church leader in nearly a decade.

“The whole world should be appalled at this injustice against innocent Christian leader Alimujiang,” Fu said in the CAA statement. “We call upon the U.N. and people of conscience throughout the world to strongly protest to the Chinese government for this severe case of religious persecution.”

CAA reported that officials had read the verdict to Alimjan while he was incarcerated on Oct. 27. Li confirmed to CAA that he had filed an appeal.

Initially the Bureau of State Security of Kashgar detained Alimjan on “suspicions of harming national security” on Jan. 11, 2008, according to CAA. As such charges are generally leveled against those considered to be an enemy of the state, Alimjan’s family feared he would be subjected to capital punishment. Local sources have said that Alimjan, a convert from Islam in an area teeming with separatist tensions, loves and supports the Chinese government.

“As a loyal Chinese citizen and business entrepreneur, Alimujiang has held to high standards, paying his taxes faithfully and avoiding a common local custom of paying bribes for business favors,” Fu said in a previous CAA statement. “He has also done his best to assimilate into Chinese culture, making the unusual decision to send his children to a Chinese language school in a predominantly Uyghur area.”

Friends of Alimjan have said he simply wanted the freedom to quietly express his faith, a right guaranteed to him in the Chinese constitution, according to CAA. Not only is it illegal for him to own a Uyghur Bible, according to the advocacy organization, but he is also prohibited from attending services at the government-controlled Three Self Church in the area because the Xinjiang constitution contradicts China’s constitution. He is also prohibited from praying with foreign Christians.

On Feb. 20, 2008 the initial charges against him were changed to “inciting secession” and leaking state secrets. Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence.

This year he was secretly tried again on July 28, only on the second charge. Previously, attorney Li had petitioned for and been granted permission to meet with his client on April 21. Witnesses had seen police and a prison doctor escorting Alimjan to hospital on March 30, and Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why.

When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

The United Nations Working Group on Arbitrary Detention ruled his arrest and detention to be arbitrary and in violation of international law.

“The whole case is about religious faith issues, which are being used against Alimujiang for his conversion from Islam to Christianity by biased law enforcement agents, prosecutors and the court,” said attorney Li. “The key for this case was the flawed ‘Certificate for the Evidence.’ In both form and content, the certificate was questionable. It even had no signature by the verifier at the bureau, which violates Chinese law.”

Sources said there appears to be a concerted effort to shut down the leadership of the Uyghur church in a restive region where authorities fear anything they cannot control. The region of ethnic Uyghurs has come under a government crackdown the past two years as long-simmering tensions erupted.

Disputes over ownership of Xinjiang’s land and rich mineral resources have led to resentment between Uyghurs – native to Xinjiang – and Han Chinese. Religious differences are also an issue, with a vast majority of Uyghurs practicing Islam, while most Chinese are officially atheists or follow Buddhism or syncretistic folk religions. Only a handful of China’s estimated 10 million Uyghurs are known to be Christians.

Report from Compass Direct News 

China Releases Uyghur Church Leader from Prison


Osman Imin freed after two years; concerns remain over incarcerated Alimjan Yimit.

LOS ANGELES, November 24 (CDN) — A Uyghur Christian in China’s troubled Xinjiang region was released last week after serving two years in a labor camp for alleged “illegal proselytizing” and “leaking state secrets,” according to Compass sources.

House church leader Osman Imin (Wusiman Yaming in Chinese) was freed on Wednesday (Nov. 18), sources said. Authorities had called for a 10-15 year prison sentence for Osman but significantly reduced the term following international media attention.

An outspoken leader of the Uyghur church in the northwestern region of China, Osman was first arrested in 2004 and kept at a detention center in Hotan, southern Xinjiang. Local sources said his arrest was almost certainly related to his church work.

There he was chained to a metal bed in winter and frequently beaten while interrogated. Osman was released on bail on Nov. 18, 2004, but bail was canceled in October 2006. On July 26, 2007, he was again placed under supervised house arrest and finally detained by police on Nov. 19 of that year on the charge of “revealing state secrets.”

Authorities denied him access to a lawyer, and in June 2008 a court rejected his appeal without explanation.

Authorities eventually moved him to the labor camp outside Kashgar. While in prison Osman was forced to work 12 to 15 hours a day, and his health quickly deteriorated. He was reportedly suffering malnutrition throughout his confinement.

Osman and his wife Nurgul have two young daughters.

Still in arbitrary detention in the region is another Uyghur Christian, Alimjan Yimit (Alimujiang Yimiti in Chinese). Officials initially closed the foreign-owned business Alimjan worked for in September 2007 and accused him of using it as a cover for “preaching Christianity.” He was then detained in January 2008 on charges of endangering state security and was formally arrested on Feb. 20, 2008 on charges of “inciting secession” and leaking state secrets.

Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence. Last May 21, government sources told Alimjan’s mother that the Public Security Bureau (PSB) in Kashgar planned to quietly sentence him to three years of re-education through labor, thereby circumventing the court system.

Under Chinese law the PSB, which originally filed the case against Alimjan, may authorize such sentences without approval from the court or other state agencies.

Court authorities have returned Alimjan’s case to state prosecutors, citing lack of evidence for charges of “leaking state secrets” and “inciting secession.” Family, friends and work colleagues have insisted that Alimjan is a loyal citizen with no access to state secrets, and that his arrest was due largely to his Christian faith and association with foreign Christians.

In Xinjiang’s politically charged environment, Alimjan’s family and friends fear he could face execution if he were wrongly linked with alleged Uyghur separatists.

Sources said there appears to be a concerted effort to shut down the leadership of the Uyghur church in a restive region where authorities fear anything they cannot control. The region of ethnic Uyghurs has come under a government crackdown the past two years as long-simmering tensions erupted.

Disputes over ownership of Xinjiang’s land and rich mineral resources have led to resentment between Uyghurs – native to Xinjiang – and Han Chinese. Religious differences are also an issue, with a vast majority of Uyghurs practicing Islam, while most Chinese are officially atheists or follow Buddhism or syncretistic folk religions. Only a handful of China’s estimated 10 million Uyghurs are known to be Christians.

As part of authorities’ apparent effort to clamp down on Christianity, they have disbarred several lawyers involved in the defense of Uyghur Christians, including Alimjan’s attorney, Li Dunyong. He was effectively disbarred at the end of May when Chinese authorities turned down an annual application to renew his law license.

Zhang Kai, another Beijing lawyer who had defended Alimjan, suffered the same fate.

Authorities failed to renew licenses for at least 15 other lawyers who had defended civil rights cases, religious and ethnic minorities and political dissidents, according to watch group Human Rights in China.

Report from Compass Direct News 

CHINA: AUTHORITIES REFUSE TO RENEW LICENSES FOR HUMAN RIGHTS LAWYERS


Key attorney for Uyghur Christian among those effectively disbarred.

DUBLIN, June 11 (Compass Direct News) – Li Dunyong, one of several lawyers involved in the defense of Uyghur house church Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) was effectively disbarred at the end of May when Chinese authorities turned down an annual application to renew his law license.

Zhang Kai, another Beijing lawyer who had defended Alimjan, suffered the same fate.

Authorities failed to renew licenses for at least 15 other lawyers who had defended civil rights cases, religious and ethnic minorities and political dissidents, according to watch group Human Rights in China (HRIC).

During a process of “Annual Inspection and Registration” for all lawyers and law firms, with a closing date of May 31 for renewal applications, authorities also denied three law firms the necessary approval to practice. Officials harassed and physically abused several of the affected lawyers in the months prior to the loss of their licenses.

The lawyers can technically appeal this decision or re-apply at a later date, but most see this as a clear warning to avoid handling sensitive cases.

“The process of building a country ruled by law has suffered a serious setback,” HRIC claimed in a statement on June 4.

The rejection of applications followed the Feb. 4 disappearance of Gao Zhisheng, a high-profile Christian human rights activist who once said that every human rights lawyer would eventually become a human rights case. Gao’s whereabouts remained unknown at press time. (See “Action Urged for Missing Rights Activist,” March 25.)

Lawyer Li had planned to visit Alimjan in northwest China early this month, but recent events have forced the legal team to reconsider its defense strategy.

Alimjan, a member of the troubled Uyghur minority in Xinjiang province, remains in arbitrary detention awaiting trial, 16 months after his arrest. Officials initially closed the foreign-owned business Alimjan worked for in September 2007 and accused him of using it as a cover for “preaching Christianity.” He was then detained in January 2008 on charges of endangering state security and was formally arrested on Feb. 20, 2008 on charges of “inciting secession” and leaking state secrets.

Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence. Last May 21, government sources told Alimjan’s mother that the Public Security Bureau (PSB) in Kashgar planned to quietly sentence him to three years of re-education through labor, thereby circumventing the court system.

Under Chinese law the PSB, which originally filed the case against Alimjan, may authorize such sentences without approval from the court or other state agencies.

The case was returned to court for consideration last October, but at press time there was no indication of another date for a court hearing.

Li petitioned for and was granted permission for a rare meeting with his client on April 21 after witnesses saw police and a prison doctor escorting Alimjan to a hospital on March 30; Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why. When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

The beating followed a previous meeting with his lawyer – only the second of such visits permitted during his detention – on March 24.

Human Rights Advocates Threatened

On April 13, China’s State Council released a new “National Human Rights Action Plan” that focused heavily on protecting the rights of prisoners and included a pledge to abolish torture and other forms of abuse within two years.

Issued at least partially in response to a United Nations review of China’s rights record in February, the plan also affirmed the right of prisoners to hire and meet with lawyers and to report abuses in writing to the appropriate authorities.

Contrary to such promises, however, the detention and physical abuse of lawyers has multiplied in recent months, according to Human Rights Watch (HRW). Sophie Richardson, Asia advocacy director for HRW, maintains that control over the yearly renewal of licenses remains one of the main obstacles to the independence of China’s legal profession.

Authorities placed several human rights lawyers under house arrest or heavy surveillance in the first week of June as China marked the 20th anniversary of the June 4, 1989 crackdown on pro-democracy protests in Tiananmen Square. According to HRIC, policemen seized one of the 15 temporarily disbarred lawyers, Tang Jitian, from his home early on the morning of June 4; they had already detained him for 10 hours the previous day.

“This is a display of meticulously planned suppression of lawyers who enforce and uphold the law and are dedicated to public interests,” Tang told HRIC.

One lawyer, Jiang Tianyong, said officers barred him from leaving his home on June 3 and told him, “Think of your wife and child.” Jiang is among those whose licenses were not renewed.

In late May, HRW reported that Beijing authorities had pressured several legal firms not to endorse the renewal applications of members who had defended civil rights cases.

Report from Compass Direct News

INDONESIA: NEW BUILDING SITE FOUND FOR BIBLE COLLEGE


Officials promise to buy previous campus site and issue permit for new site.

JAKARTA, May 11 (Compass Direct News) – Officials of the Arastamar School of Theology (SETIA) in Jakarta are considering the purchase of a new campus site after violent protests last July led to the eviction of 1,400 students and staff members.

Indonesian officials on May 1 inspected land for the new campus site and promised to issue a building permit. But SETIA would be required to obtain permission from potential neighbors in Bambu Apus district, East Jakarta, before the school could be built.

Since protests by neighbors of the original campus in Kampung Pulo, some 1,200 remaining staff members and students have moved to three separate emergency locations across Jakarta, in some cases living in leaking tents and holding classes under trees.

In mid-March, SETIA director Matheus Mangentang met with Fajar Panjaitan, assistant to the deputy governor of Jakarta, to discuss the governor’s promise to provide an alternative campus.

At the meeting, the governor’s office promised to purchase the original campus site but stipulated that the city would pay only for the land, not the buildings. The Jakarta official also promised to improve temporary accommodation for the students and issue a building permit for a new campus in a different location.

Deputy Gov. Prijanto, who has only a single name, initially suggested that SETIA move to an empty factory some 60 kilometers (37 miles) away in Cikarang, West Java, but Mangentang refused on the grounds that SETIA would be charged approximately 50 million rupiah (US$4,800) per month in service and security fees.

On Feb. 9 students had gathered in front of the presidential palace to protest the lack of adequate college facilities.

“We are asking the government to take responsibility for finding us a new campus,” a representative of the student council identified only as Herdi told Compass.

About 450 students are living and studying at a Boy Scouts campground in Cibubur, another 250 are in a migrant’s center in Kalimalang and the remaining 500 are in an abandoned West Jakarta mayoral office that lacks basic facilities such as adequate running water and toilets.

Machetes and Acid

Urged on by announcements from a mosque loudspeaker to “drive out the unwanted neighbor,” hundreds of protestors shouting “Allahu-Akbar [“God is greater]” and brandishing machetes, sharpened bamboo and acid had forced the evacuation of staff and students from the SETIA campus in Kampung Pulo village on July 26- 27, following a misunderstanding between students and local residents. Attackers injured at least 20 students, some seriously.

Key among motives for the attack was that area Muslims felt “disturbed” by the presence of the Christian college. They wanted it to be moved to another area.

Following the evacuation, some students were temporarily billeted in church offices, while others slept in the lobby of Indonesia’s parliament building. Officials then moved 600 female students to the BUPERTA Boy Scouts campground, where they were later joined by 100 male students. A further 400 male students were accommodated at a migrants’ center in Bekasi, while 32 post-graduate students were accommodated in a housing complex in Kota Wisata, not far from the BUPERTA campground.

In October, camp managers asked students to vacate the campground for a Boy Scouts’ event. Over 1,000 students from the campground and other locations then moved temporarily to an abandoned mayor’s office in Jakarta, although 450 of those later returned to the campground.

When no attempts were made to begin renovations on the mayor’s office, Mangentang himself hired bricklayers and carpenters to install more toilets, repair damaged ceilings on two floors of the building and erect partitions to create 13 classrooms. But the building still lacks many basic amenities, according to staff members. Students carry well water into the building in large plastic drums for showers, toilets, laundry and cooking.

Fauzi Bowo, governor of Jakarta, had originally promised the students that they could return to their original campus at the end of the Muslim fasting month of Ramadan. He then promised to find a site for a new campus and provide an official building permit. When these promises proved slow to materialize, Mangentang insisted that the governor’s office shoulder costs for temporary accommodation.

Report from Compass Direct News

CHINA: RELIGIOUS RIGHTS ABUSES CITED


Foreign Ministry spokesman asserts ‘full religious freedom’ despite arrests, torture.

DUBLIN, May 8 (Compass Direct News) – A U.S. government body cited increased harassment, imprisonment and torture of members of unregistered religious groups in China last year, which a Chinese official roundly denied.

After the U.S. Commission on International Religious Freedom (USCIRF) last week recommended China remain on the U.S. Department of State’s list of the world’s worst violators of religious freedom, a spokesman for China’s Foreign Ministry said USCIRF’s report was “an attempt to smear China.”

“It is a fact that the Chinese government protects its citizens’ freedom of religious belief according to law, and every ethnic group in any part of China enjoys full religious freedom,” Ma Zhaoxu, said Tuesday (May 5) in a statement quoted by the Chinese daily Xinhua.

The commission acknowledged that “the freedom to participate in officially-sanctioned religious activity increased in many areas of the country over the past year,” but noted that abuses of members of unregistered religious groups had extended to a small handful of lawyers who dared to defend them.

In at least 17 provinces, some 764 Protestant leaders and house church members were arrested in the past year, 35 of whom were sentenced to prison for a year or more, the report said. According to the state department, the total number of Protestant house church members and “underground” Catholics arrested in the past year may be in the thousands.

Religious freedom also deteriorated significantly in Uyghur Muslim and Tibetan Buddhist regions over the past year, according to the commission report. Officials have urged “stronger management” of Protestant and Catholic activity in Xinjiang, while new laws have allowed greater control over Muslim and Buddhist community leaders in both regions.

Police detained Chinese house church leader Lou Yuanqi in Xinjiang province in May 2008, charging him with “inciting separatism” and “utilizing superstition to undermine the law.” A local court refused to accept his case due to insufficient evidence, but Yuanqi remained in detention until his release on bail on April 24.

Officials further restricted religious freedom in the autonomous regions of Xinjiang and Tibet during the period USCIRF covered for the report, May 2008 through April 2009. Ismail Tiliwaldi, chairman of the Xinjiang Uyghur Autonomous Region (XUAR), urged local police and religious affairs officials to “exercise stronger management” over Protestantism and Catholicism and strictly guard against foreign infiltration and sabotage, the commission stated.

On Jan. 1, 2008, new laws gave officials in both regions greater powers to monitor the training, assembly, selection and speeches of community religious leaders. More recently, officials have enforced bans on religious education; authorities in Tibet have warned parents to keep children away from religious ceremonies, while Xinjiang officials in February and March began a campaign to halt illegal religious schools and arrest anyone engaged in “cross-village worship.”

The campaigns in Xinjiang have largely targeted Muslims, but Uyghur Christians are also affected. Unable to freely attend government-sanctioned Three-Self Patriotic Movement (TSPM) Protestant churches, they continue to meet in small groups in private homes, risking arrest and detention in labor camps.

House church Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) remains in arbitrary detention awaiting trial, 15 months after his arrest. Officials initially closed the foreign-owned business Alimjan worked for in September 2007 and accused him of using it as a cover for “preaching Christianity.” He was then detained in January 2008 on charges of endangering state security and was formally arrested on Feb. 20, 2008 on charges of “inciting secession” and leaking state secrets.

Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence. The case was returned to court for consideration last October.

On April 21, attorney Li Dunyong petitioned for and was granted permission for a rare meeting with his client on April 21 after witnesses saw police and a prison doctor escorting Alimjan to hospital on March 30; Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why. When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

Officials also continued tight surveillance of underground Catholic groups across China last year, according to USCIRF.

The official Catholic Patriotic Association (CPA) insists on selecting and ordaining clergy and forbids clergy or CPA members to have contact with the Vatican or other foreign Catholic organizations, USCIRF stated. The Vatican, however, has secretly ordained as many as 90 percent of CPA bishops and priests, the commission reported.

China watchers say pressure will increase rather than decrease as China anticipates several significant political anniversaries later this year.

Troubled Rights Advocates

The crackdown has extended to lawyers, particularly those handling religious rights cases. In March, officials revoked the license of Beijing’s Yitong Law Firm; the firm’s lawyers had been handling cases for unregistered house church Christians.

Christian attorney Gao Zhisheng, known for defending unregistered Protestant Christians and Falun Gong members, disappeared in February. Immediately prior to his disappearance, Gao had published a report of torture endured during a September 2007 interrogation. At press time his whereabouts remained unknown. (See “Action Urged for Missing Rights Activist,” March 25.)

Court officials in November 2007 sentenced Gao’s legal partner, Yang Maodong, to five years in prison for “illegal business practices.” Prison guards have reportedly tortured Yang with electric shock batons and other implements.

Earlier, in September 2007, officials beat prominent religious freedom advocate and attorney Li Heping with electric batons and ordered him to stop practicing law. When he refused, officials revoked his license.

Given these developments, the commission has urged the U.S. government to include religious freedom concerns in its discussions with the Chinese government.

Under terms of the 1998 International Religious Freedom Act, U.S. government officials are obliged to address religious rights concerns with the government of any country designated as a Country of Particular Concern.

Report from Compass Direct News

CHINA: DETAINED UYGHUR CHRISTIAN TAKEN TO HOSPITAL


Family fears for his safety; planned Easter celebration near earthquake area quashed.

DUBLIN, April 17 (Compass Direct News) – Family members of detained Uyghur Christian Alimjan Yimit are increasingly concerned for his safety following reports that police and a prison doctor escorted him in handcuffs to a hospital in Kashgar two weeks ago.

Alimjan (Alimujiang Yimiti in Chinese) called out to onlookers, “I’m sick. Tell my lawyer to come quickly to see me,” according to a China Aid Association (CAA) report.

Sources told Compass that Alimjan had been beaten in prison, although it was not clear who beat him or why.

The transfer from the Kashi Municipal Detention Center in Kashgar, Xinjiang province, came just one week after Alimjan’s lawyer met with him to discuss a court trial anticipated in May. According to CAA, this was only the second time authorities have allowed anyone to visit Alimjan since his arrest in January 2008.

Court authorities last May returned Alimjan’s case to state prosecutors, citing lack of evidence for charges of “leaking state secrets” and “inciting secession.” Family, friends and work colleagues have insisted that Alimjan is a loyal citizen with no access to state secrets, and that his arrest was due largely to his Christian faith and association with foreign Christians.

Compass sources confirmed this week that Alimjan’s family members are emotionally distraught over his continued detention and over lack of communication from prison authorities.

If convicted, Alimjan could face execution; Chinese authorities executed two alleged Uyghur separatists as recently as last Thursday (April 9).

Authorities first detained Alimjan on Jan. 12, 2008 on charges of endangering state security before formally re-arresting him on Feb. 20, 2008 for allegedly “inciting secession” and leaking state secrets to foreign organizations.

After court authorities returned Alimjan’s case to state prosecutors and after their further investigation, his case was returned to court officials for consideration in mid-October.

Compass sources claim Kashgar authorities are wary of the case due to its sensitivity. Officials initially interrogated Alimjan during his employment for two foreign-owned companies and forbade him to discuss the questioning with anyone. In September 2007 they closed the business he then worked for and accused him of using it as a cover for “preaching Christianity” among the Uyghurs. Alimjan was arrested several months later on political charges.

A second Uyghur Christian, Osman Imin (Wusiman Yaming in Chinese), sentenced to two years in labor camp for “leaking state secrets” and “illegal proselytizing,” is due for release this October. Authorities had originally called for a 10-15 year prison sentence for Osman but significantly reduced the term following international media attention.

Authorities permit Osman’s wife and children to visit him once a month.

 

Human Rights Proposal

On Monday (April 13), as family members waited to hear news of Alimjan’s condition, China’s State Council released a new document outlining proposed human rights improvements. The document focused heavily on protecting the rights of prisoners and included a pledge to abolish torture and other forms of abuse within two years.

The “National Human Rights Action Plan” was one of several measures proposed by a Chinese government delegation at a United Nations review of China’s human rights record held on Feb. 9.

The plan includes a ban on confessions extracted through torture and a new requirement for physical examinations before and after interrogations. It also affirms the right of prisoners to hire and meet with lawyers and to report abuses in writing to the appropriate authorities.

China’s state-run English newspaper, the China Daily, reported on March 24 that bullying and torture were a significant problem in the nation’s detention centers, and that at least five inmates had died under suspicious circumstances since Feb. 8, according to CAA.

 

SIDEBAR

‘Break-through’ for Christianity in China a Mirage

By Xu Mei

BEIJING, April 17 (Compass Direct News) – Prior to the event it was publicized abroad as the next great break-through for house church Christianity in China.

A giant, open celebration was to be held on Easter Sunday (April 12) in the western city of Chengdu, capital of Sichuan province. Finally, it seemed, the government would acknowledge the sacrificial work of house church Christians who came to Sichuan from throughout the country to help with rescue and reconstruction for those suffering from last May’s earthquake. It would be an open admission that Christianity – even of the house church variety – was a positive element in Chinese society.

Verbal permission had been obtained for 2,500 house church Christians throughout China to meet for the special celebration entitled, “Build Up the Church and Bless Society.” Some 50 government officials had been invited to the event, to be held at Chengdu’s new exhibition center. Christians from Singapore and the United States flew in for it.

But the day before Easter, police abruptly informed the center that the event was cancelled. Organizers hastily changed the venue to a smaller, old exhibition center where only about 1,000 people could be accommodated. Plans for a more low-key event were stitched together, to start at 5 p.m. on Easter Sunday.

But even this was too much. An hour before the event, police barred the door. The foreigners left. None of the promised government officials turned up. A few hundred bemused Chinese house church Christians seized the opportunity to hold an impromptu worship service in a nearby parking lot.

Police intervened there, too, and arrested some local house church leaders. They were released later that evening.

The debacle comes after another much-publicized “break-through,” a supposedly government-sponsored seminar in Beijing last Nov. 21-22 in which officials were said to have met with house church leaders (see http://www.compassdirect.org, “Officials Reach Out to House Churches; Raids, Arrests Continue,” Dec. 9, 2008). The chief organizer later denied there was any government involvement, much less a break-through.

Rather, a minor Non-Governmental Organization had assembled academics, including some Christians, to meet with house church leaders to discuss church-state relations and make proposals they hoped might be passed on to the government at some future stage.

Observers speculate that in both the symposium and the Easter celebration, Christians overseas and perhaps some younger Chinese Christians – who have less experience than their elders with the machinations of the Chinese Communist Party (CCP) – had overestimated the benevolence of government authorities. Faced with the enormity of an economic crisis, sources said, the government seems to be in no mood to take major steps to liberalize oppressive religious policies, let alone legalize house churches.

That the Beijing seminar was actually held, and that the Chengdu celebration could be organized only to be stopped at the last minute, could be viewed as hopeful signs of how the Chinese government has lumbered forward, at glacial pace, towards a more open policy towards Christians over the last decade or so. But powerful reactionary forces within the CCP view with dismay the extraordinary growth of the church, sources say.

Many officials still view Christianity – and especially house churches – as an ideological and political threat. Limits on the public expression of Christian worship and evangelism are clearly laid down in a welter of national, provincial and local documents issued by CCP and government over the past 25 years. Sources say minor infractions may be winked at, but major changes in a more liberal direction are not to be expected.

Officials are struggling to control a country that threatens to become increasingly uncontrollable. Depending on how long the economic recession grips China, sources say, it seems likely that for the next two years at least, the government will err on the side of caution.  

Report from Compass News Direct

AUSTRALIA: ENVIRONMENTAL DISASTER UNFOLDING ON QUEENSLAND COAST


An environmental disaster is unfolding on the Queensland coast, with the oil spill from the Hong Kong-flagged ship Pacific Adventurer. The Pacific Adventurer was badly damaged during the Cyclone Hamish weather event last week.

The Pacific Adventurer somehow managed to get caught up in the cyclone despite very early warnings concerning the cyclone. Some 31 containers containing ammonium nitrate were washed into the sea during the cyclone and as this occurred the ship itself was badly damaged, leaking some 230 tonnes of oil into the ocean. The initial report from the ship was that some 30 tonnes of oil had been lost.

The environmental disaster is huge, with the oil now affecting over 60km of coastline, including the eastern coast of Moreton Island. Sea life is being severely impacted by the disaster.

The cleanup is being done at a rate of about 1 to 2 km a day, which means it will take quite some time to complete.

Also of concern are the 31 containers of ammonium nitrate that are still missing and which could further contaminate the region. Navy mine hunters are being called in to search for the containers which remain a shipping hazard.