Privacy erosion by design: why the Federal Court should throw the book at Google over location data tracking

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Jeannie Marie Paterson, The University of Melbourne and Elise Bant, The University of Western AustraliaThe Australian Competition and Consumer Commission has had a significant win against Google. The Federal Court found Google misled some Android users about how to disable personal location tracking.

Will this decision actually change the behaviour of the big tech companies? The answer will depend on the size of the penalty awarded in response to the misconduct.

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In theory, the penalty is A$1.1 million per contravention. There is a contravention each time a reasonable person in the relevant class is misled. So the total award could, in theory, amount to many millions of dollars.

But the actual penalty will depend on how the court characterises the misconduct. We believe Google’s behaviour should not be treated as a simple accident, and the Federal Court should issue a heavy fine to deter Google and other companies from behaving this way in future.

Misleading conduct and privacy settings

The case arose from the representations made by Google to users of Android phones in 2018 about how it obtained personal location data.

The Federal Court held Google had misled some consumers by representing that “having Web & App Activity turned ‘on’ would not allow Google to obtain, retain and use personal data about the user’s location”.

In other words, some consumers were misled into thinking they could control Google’s location data collection practices by switching “off” Location History, whereas Web & App Activity also needed to be disabled to provide this protection.

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The ACCC also argued consumers reading Google’s privacy statement would be misled into thinking personal data was collected for their own benefit rather than Google’s. However, the court dismissed this argument on the grounds that reasonable users wanting to turn the Location History “off”

would have assumed that Google was obtaining as much commercial advantage as it could from use of the user’s personal location data.

This is surprising and might deserve further attention from regulators concerned to protect consumers from corporations “data harvesting” for profit.

How much should Google pay?

The penalty and other enforcement orders against Google will be made at a later date.

The aim of the penalty is to deter Google specifically, and other firms like Google, from engaging in misleading conduct again. If penalties are too low they may be treated by wrongdoing firms as merely a “cost of doing business”.

However, in circumstances where there is a high degree of corporate culpability, the Federal Court has shown willingness to award higher amounts than in the past. This has occurred even where the regulator has not sought higher penalties. In the recent Volkswagen Aktiengesellschaft v ACCC judgement, the full Federal Court confirmed an award of A$125 million against Volkswagen for making false representations about compliance with Australian diesel emissions standards.

The Federal Court found Google’s information about local data tracking was misleading.
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In setting Google’s penalty, a court will consider factors such as the nature and extent of the misleading conduct and any loss to consumers. The court will also take into account whether the wrongdoer was involved in “deliberate, covert or reckless conduct, as opposed to negligence or carelessness”.

At this point, Google may well argue that only some consumers were misled, that it was possible for consumers to be informed if they read more about Google’s privacy policies, that it was only one slip-up, and that its contravention of the law was unintentional. These might seem to reduce the seriousness or at least the moral culpability of the offence.

But we argue they should not unduly cap the penalty awarded. Google’s conduct may not appear as “egregious and deliberately deceptive” as the Volkswagen case.

But equally Google is a massively profitable company that makes its money precisely from obtaining, sorting and using its users’ personal data. We think therefore the court should look at the number of Android users potentially affected by the misleading conduct and Google’s responsibility for its own choice architecture, and work from there.

Only some consumers?

The Federal Court acknowledged not all consumers would be misled by Google’s representations. The court accepted many consumers would simply accept the privacy terms without reviewing them, an outcome consistent with the so-called privacy paradox. Others would review the terms and click through to more information about the options for limiting Google’s use of personal data to discover the scope of what was collected under the “Web & App Activity” default.

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This might sound like the court was condoning consumers’ carelessness. In fact the court made use of insights from economists about the behavioural biases of consumers in making decisions.

Consumers have limited time to read legal terms and limited ability to understand the future risks arising from those terms. Thus, if consumers are concerned about privacy they might try to limit data collection by selecting various options, but are unlikely to be able to read and understand privacy legalese like a trained lawyer or with the background understanding of a data scientist.

If one option is labelled “Location History”, it is entirely rational for everyday consumers to assume turning it off limits location data collection by Google.

The number of consumers misled by Google’s representations will be difficult to assess. But even if a small proportion of Android users were misled, that will be a very large number of people.

There was evidence before the Federal Court that, after press reports of the tracking problem, the number of consumers switching off the “Web” option increased by 500%. Moreover, Google makes considerable profit from the large amounts of personal data it gathers and retains, and profit is important when it comes deterrence.

Google’s choice architecture

It has also been revealed that some employees at Google were not aware of the problem until an exposé in the press. An urgent meeting was held, referred to internally as the “Oh Shit” meeting.

The individual Google employees at the “Oh Shit” meeting may not have been aware of the details of the system. But that is not the point.

It is the company fault that is the question. And a company’s culpability is not just determined by what some executive or senior employee knew or didn’t know about its processes. Google’s corporate mindset is manifested or revealed in the systems it designs and puts in place.

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Google designed the information system that faced consumers trying to manage their privacy settings. This kind of system design is sometimes referred to as “choice architecture”.

Here the choices offered to consumers steered them away from opting out of Google collecting, retaining and using personal location data.

The “Other Options” (for privacy) information failed to refer to the fact that location tracking was carried out via other processes beyond the one labelled “Location History”. Plus, the default option for “Web & App Activity” (which included location tracking) was set as “on”.

This privacy eroding system arose via the design of the “choice architecture”. It therefore warrants a serious penalty.

Jeannie Marie Paterson, Professor of Law, The University of Melbourne and Elise Bant, Professor of Law, The University of Western Australia

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

ACCC ‘world first’: Australia’s Federal Court found Google misled users about personal location data

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Katharine Kemp, UNSWThe Federal Court has found Google misled some users about personal location data collected through Android devices for two years, from January 2017 to December 2018.

The Australian Competition & Consumer Commission (ACCC) says this decision is a “world first” in relation to Google’s location privacy settings. The ACCC now intends to seek various orders against Google. These will include monetary penalties under the Australian Consumer Law (ACL), which could be up to A$10 million or 10% of Google’s local turnover.

Other companies too should be warned that representations in their privacy policies and privacy settings could lead to similar liability under the ACL.

But this won’t be a complete solution to the problem of many companies concealing what they do with data, including the way they share consumers’ personal information.

How did Google mislead consumers about their location history?

The Federal Court found Google’s previous location history settings would have led some reasonable consumers to believe they could prevent their location data being saved to their Google account. In fact, selecting “Don’t save my Location History in my Google Account” alone could not achieve this outcome.

Users needed to change an additional, separate setting to stop location data from being saved to their Google account. In particular, they needed to navigate to “Web & App Activity” and select “Don’t save my Web & App Activity to my Google Account”, even if they had already selected the “Don’t save” option under “Location History”.

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ACCC Chair Rod Sims responded to the Federal Court’s findings, saying:

This is an important victory for consumers, especially anyone concerned about their privacy online, as the Court’s decision sends a strong message to Google and others that big businesses must not mislead their customers.

Google has since changed the way these settings are presented to consumers, but is still liable for the conduct the court found was likely to mislead some reasonable consumers for two years in 2017 and 2018.

ACCC has misleading privacy policies in its sights

This is the second recent case in which the ACCC has succeeded in establishing misleading conduct in a company’s representations about its use of consumer data.

In 2020, the medical appointment booking app HealthEngine admitted it had disclosed more than 135,000 patients’ non-clinical personal information to insurance brokers without the informed consent of those patients. HealthEngine paid fines of A$2.9 million, including approximately A$1.4 million relating to this misleading conduct.

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The ACCC has two similar cases in the wings, including another case regarding Google’s privacy-related notifications and a case about Facebook’s representations about a supposedly privacy-enhancing app called Onavo.

In bringing proceedings against companies for misleading conduct in their privacy policies, the ACCC is following the US Federal Trade Commission which has sued many US companies for misleading privacy policies.

The ACCC has more cases in the wings about data privacy.
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Will this solve the problem of confusing and unfair privacy policies?

The ACCC’s success against Google and HealthEngine in these cases sends an important message to companies: they must not mislead consumers when they publish privacy policies and privacy settings. And they may receive significant fines if they do.

However, this will not be enough to stop companies from setting privacy-degrading terms for their users, if they spell such conditions out in the fine print. Such terms are currently commonplace, even though consumers are increasingly concerned about their privacy and want more privacy options.

Consider the US experience. The US Federal Trade Commission brought action against the creators of a flashlight app for publishing a privacy policy which didn’t reveal the app was tracking and sharing users’ location information with third parties.

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However, in the agreement settling this claim, the solution was for the creators to rewrite the privacy policy to disclose that users’ location and device ID data are shared with third parties. The question of whether this practice was legitimate or proportionate was not considered.

Major changes to Australian privacy laws will also be required before companies will be prevented from pervasively tracking consumers who do not wish to be tracked. The current review of the federal Privacy Act could be the beginning of a process to obtain fairer privacy practices for consumers, but any reforms from this review will be a long time coming.

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This is an edited version of an article that originally appeared on UNSW Newsroom.

Katharine Kemp, Senior Lecturer, Faculty of Law, UNSW, and Academic Lead, UNSW Grand Challenge on Trust, UNSW

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

New Christian Convert from Islam Murdered

Muslim militants shoot young man dead after learning he had begun to follow Christ.

NAIROBI, Kenya, April 20 (CDN) — Two Muslim extremists in Somalia on Monday (April 18) murdered a member of a secret Christian community in Lower Shabele region as part of a campaign to rid the country of Christianity, sources said.

An area source told Compass two al Shabaab militants shot 21-year-old Hassan Adawe Adan in Shalambod town after entering his house at 7:30 p.m.

“Two al Shabaab members dragged him out of his house, and after 10 minutes they fired several shots on him,” said an area source who requested anonymity. “He then died immediately.”

The militants then shouted “Allahu Akbar [God is greater]” before fleeing, he said.

Adan, single and living with his Muslim family, was said to have converted to Christianity several months ago. Area Christians said they suspected someone had informed the Islamic militants of his conversion. One source said that a relative who belonged to al Shabaab had told Adan’s mother that he suspected her son was a Christian.

“This incident is making other converts live in extreme fear, as the militants always keep an open eye to anyone professing the Christian faith,” the source said.

Two months ago there was heavy fighting between the rebel al Shabaab militants and forces of the Transitional Federal Government (TFG), in which the TFG managed to recover some areas controlled by the rebels. Al Shabaab insurgents control much of southern and central Somalia.

With estimates of al Shabaab’s size ranging from 3,000 to 7,000, the insurgents seek to impose a strict version of sharia (Islamic law), but the transitional government in Mogadishu fighting to retain control of the country treats Christians little better than the al Shabaab extremists do. While proclaiming himself a moderate, President Sheikh Sharif Sheik Ahmed has embraced a version of sharia that mandates the death penalty for those who leave Islam.

Al Shabaab was among several splinter groups that emerged after Ethiopian forces removed the Islamic Courts Union, a group of sharia courts, from power in Somalia in 2006. Said to have ties with al Qaeda, al Shabaab has been designated a terrorist organization by several western governments.

On Jan. 7, a mother of four was killed for her Christian faith on the outskirts of Mogadishu by al Shabaab militia, according to a relative. The relative, who requested anonymity, said Asha Mberwa, 36, was killed in Warbhigly village when the Islamic extremists cut her throat in front of villagers who came out of their homes as witnesses.

She is survived by her children – ages 12, 8, 6 and 4 – and her husband, who was not home at the time she was apprehended. Her husband and children have fled to an undisclosed location.

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

Pakistani Christian Falsely Accused of ‘Blasphemy’ Illegally Detained

Policeman says Arif Masih, held at an undisclosed location, is innocent.

LAHORE, Pakistan, April 15 (CDN) — Police in Punjab Province, Pakistan have illegally detained a Christian on a “blasphemy” accusation, even though one officer said he was certain an area Muslim falsely accused 40-year-old Arif Masih because of a property dispute.

On April 5 Shahid Yousuf Bajwa, Masih’s next-door neighbor, initially filed a First Information Report (FIR) against “an unidentified person” for desecrating the Quran after finding threatening letters and pages with quranic verses on the street outside his home in Village 129 RB-Tibbi, Chak Jhumra, Faisalabad district. Desecrating the Quran under Section 295-B of Pakistan’s blasphemy statutes is punishable by up to 25 years in prison.

“Some identified person has desecrated the Holy Quran and has tried to incite sentiments of the Muslims,” Bajwa wrote in the FIR. Clearly stating that he did not know who had done it, he wrote, “It is my humble submission to the higher authorities that those found guilty must be given exemplary punishment.”

Bajwa charges in the FIR that when he went outside his home at 9 p.m. and found the pages, he looked at them by the light of his cell phone and thought they were pages of the Quran. Masih’s uncle, Amjad Chaudhry, told Compass the pages look like those of a school textbook containing quranic verses.

Chaudhry said Bajwa and his two brothers are policemen. After Bajwa found the pages and the threatening letters, Chaudhry said, he arranged for an announcement to be made from the loudspeaker of the area mosque.

“The message urged all the Muslims of the village to gather there due to the urgency and sensitivity of the matter,” Chaudhry said.

He said initially local Muslims were very angry and suggested that Christian homes be set ablaze, but that others said the Christians should be first given a chance to explain whether they were responsible.

“Then some Muslims began saying that because Arif Masih lived on this street, he would be the person who could have done this crime,” he said. “However, most of the people who gathered there said that they knew Arif Masih well and they could not imagine he could do such a vile thing. But others insisted that because Masih was the only Christian who lived on the street, only he could be suspected of the crime.”

At about 10 p.m. on April 5, Chaudhry said, Bajwa’s brother Abdullah Bajwa called Masih to the Siyanwala police station, where he was arrested; Masih’s family members were unaware that he had been arrested.

According to Section 61 of Pakistan’s Criminal Procedure Code, an arrested person must be produced within 24 hours before a court; Masih has been detained at an undisclosed location without a court appearance since April 5, with police failing to register his arrest in any legal document, making his detention illegal. Investigating Officer Qaisar Younus denied that Masih was in police custody, but Superintendent of the Police Abdul Qadir told Compass that Masih had been detained for his own safety.

Younus told Compass that he was sure Masih was innocent, but that he had been falsely accused because of a land dispute.

 

Property Conflict

According to Chaudhry, about two years ago Masih bought a plot next to his house that another villager, Liaquat Ali Bajwa (no relation to Shahid Yousuf Bajwa) wanted to buy – and who despised Masih for it, telling the previous owner, “How come a Christian can buy the plot that I wanted to buy?”

The parcel owner had given Masih preference as he knew him well, and he understood that the homeowner adjacent to the property had the first rights to it anyway.

At the same time, Ali Bajwa was able to seize about five square feet of the house of a Christian named Ghulam Masih after the wall of his home was destroyed in last year’s flooding. Feeling he was not in position to challenge Ali Bajwa, Ghulam Masih sold the land to Arif Masih so that he could take charge, Chaudhry said.

Arif Masih subsequently filed a civil suit against Ali Bajwa to evict him from his property. Chaudhry said Arif Masih was about to win that case, and that Ali Bajwa thought he could retain that property and obtain the one Arif Masih had purchased by accusing him of blasphemy with the help of police officer Shahid Yousuf Bajwa.

Ali Bajwa had been threatening Masih, saying, “You will not only give me this plot, but I will even take your house,” Chaudhry said.

Chaudhry said he had learned that Shahid Yousuf Bajwa felt badly after villagers criticized him for falsely accusing an innocent man of blasphemy, but that Bajwa feared that if he withdrew the case he himself would be open to blasphemy charges.

 

Neighbors

Arif Masih’s family has remained steadfast throughout the case, refusing to flee the area in spite of the possibility of Muslim villagers being incited to attack them, Chaudhry said.

“It all became possible because of Muslim villagers who sided with us,” he said.

Chaudhry said that when police arrived at the scene of the Muslims who had gathered with the pages and the threatening letters, the villagers told officers that they had not seen who threw them on the street. He said that the letters included the threat, “You Muslims have failed in doing any harm to us, and now I order you all to convert to Christianity or else I will shoot you all.”

The letters did not bear the name of the person who wrote them, he added.

On Monday (April 11), Chaudhry managed to meet with Masih, though Masih’s wife has yet to see him. Chaudhry told Compass that the first thing Masih asked him was whether everyone was safe, as there are only three Christian families in the area of about 150 Muslim homes.

“If the mob had decided to harm our houses, then it would have been very devastating,” Chaudhry said.

After Masih was arrested, at midnight police came to his house and began beating on the main gate, Chaudhry said. When Masih’s wife, Razia Bibi opened the door, the officers rushed into the house and searched it.

“They were looking for some proof, but thank God they could not find anything that could even be remotely linked with the incident,” he said.

Chaudhry added that police have not mistreated Masih, but he said the matter has lingered so long that he feared police may involve him in the case, or that “things may go wrong like in most blasphemy cases.”

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

China Keeps Church Leaders from Public Worship Attempt

Police put pastors under house arrest over weekend, before detaining at least 160 on Sunday.

DUBLIN, April 11 (CDN) — Police in China held “about two dozen” pastors and elders of Beijing’s Shouwang Church under house arrest or at police stations over the weekend to keep them from attending a Sunday worship service in a public location, according to Bob Fu of the China Aid Association.

Three top leaders of the church remain in jail and several others are under strict surveillance after  hundreds of Chinese police yesterday cordoned off the walkway to a third-floor outdoor meeting area adjacent to a property purchased by the church in Haidian district, Beijing, and arrested at least 160 members of the 1,000-strong church as they tried to assemble.

The church members were bundled into waiting vans and buses to prevent them from meeting as planned in the public space, Reuters and The Associated Press (AP) reported, and most had been released by today.

Church leaders claimed officials had pressured their landlords, forcing them out of both rented and purchased locations and leaving them no choice but to worship in the open.

“The government cornered them into making this decision,” Fu said, adding that the church had initially tried to register with the government. “They waited for two years, and when the government still denied them registration, they tried to keep a low profile before finally deciding to buy the Daheng New Epoch Technology building.”

Shouwang is a very unique church, he said.

“Most members are well-educated, and they include China’s top religious scholars and even former government officials, which may be a factor in the government’s response to them,” he said.

As one of the largest house churches in Beijing, Shouwang is unique in insisting on meeting together rather than splitting the congregation into smaller groups meeting in several locations, Fu said. Zion church, for example, may have more members than Shouwang, but members meet in smaller groups across the city.

“This is based on the founding fathers’ vision for Shouwang Church to be a ‘city on a hill,’” as stated in the Bible in Matthew chapter five, Fu explained. “So they’ve made a conscious decision not to go back to the small-group model. Either the government gives them the keys to their building or gives them written permission to worship in another location, or they will continue meeting in the open.”

Police arrested anyone who showed up to take part in the service, AP reported.

 

‘Most Basic Necessity’

Church leaders last week issued a statement to the congregation explaining their decision to meet outdoors.

“It may not be the best decision, but at this time it is an inevitable one,” the statement said, before reminding church members that the landlord of their premises at the time, the Old Story Club restaurant, had come under government pressure and repeatedly asked them to leave, while the previous owners of the Daheng New Epoch Technology building, purchased a year ago by the church for 27.5 million RMB (US$4.2 million), had refused to hand over the keys. (See, “Church in China to Risk Worshipping in Park,” April 7.)

The church had already met outdoors twice in November 2009 before officials gave tacit consent to move to the Old Story Club restaurant. Officials, however, again prevented Shouwang Church from meeting in May and August of last year.

Fu said it was common for government officials across China to pressure landlords into revoking leases for house church groups.

“For example, right now I know of at least two churches that were made ‘homeless’ in Guangzhou this week, including one church with at least 200 members,” he said.

Shouwang’s statement pointed to Article 36 of China’s Constitution, which grants every citizen freedom to worship, and the Universal Declaration of Human Rights, ratified by China, which states that every citizen has the right to observe his religion or belief “either alone or in community with others and in public or private.”

For this reason the church planned to meet outdoors until officials granted legal, written permission to worship in an approved location – preferably at the building purchased by the church.

The document also advised church members not to resist if they were held under house arrest or arrested at the Sunday venue.

“Objectively speaking, our outdoor worship must deliver this message to the various departments of our government: attending Sunday worship is the most basic necessity for Christians in their life of faith,” the statement concluded.

The number of Protestant house church Christians in China is estimated at between 45 and 60 million, according to Yu Jianrong, a professor at the Chinese Academy of Social Sciences Rural Development Institute, with a further 18 to 30 million people attending government-approved churches.

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

Blast Kills 21 outside Church in Alexandria, Egypt

Bomb explodes as Christians leave New Year’s Eve Mass.

LOS ANGELES, January 3 (CDN) — At least 21 people were killed and scores were wounded on Saturday (Jan. 1) when a bomb outside a church in Alexandria, Egypt exploded as congregants were leaving a New Year’s Eve Mass celebration.

The explosion ripped through the crowd shortly after midnight, killing instantly most of those who died, and leaving the entrance-way to the Church of the Two Saints, a Coptic Orthodox congregation, covered with blood and severed body parts.

The blast overturned at least one car, set several others on fire and shattered windows throughout the block on which the church is located.

Egyptian authorities reportedly said 20 of the victims have been identified. At least 90 other people were injured in the blast, 10 seriously. Among the injured were eight Muslims. Many of the injured received treatment at St. Mark’s Hospital.

Burial services for some of the victims started Sunday (Jan. 2) in Alexandria, located in northern Egypt on the Mediterranean Sea.

Witnesses reportedly said a driver parked a car at the entrance of the church and then ran away seconds before it exploded. Government officials have claimed they found remnants of the bomb, filled with nails and other make-shift shrapnel, at the site; they suspect an unidentified suicide bomber, rather than a car bombing.

No one has claimed responsibility for the bombing, but the attack comes two months after an Islamic group known as the Islamic State of Iraq (ISI) issued a threat stating that, “All Christian centers, organizations and institutions, leaders and followers are legitimate targets for the muhajedeen [Muslim fighters] wherever they can reach them.”

Claiming they would open “rivers of blood” upon Christians, the group specifically threatened Egyptian Christians based an unsubstantiated rumor that two Coptic women, both wives of Orthodox clergy, were being held against their will after converting to Islam. The statement came after ISI claimed responsibility for an attack on a Baghdad church during mass in which 58 people were killed.

The Egyptian government continues to suspect foreign elements mounted the Alexandria attack, but an unconfirmed report by The Associated Press, citing anonymous government sources, said an Egyptian Islamic group is being investigated.

Bishop Mouneer Anis, head of the Episcopal Diocese of Egypt, said in a written statement that he thinks the attack was linked to the Iraqi threats. He added that his church has taken greater security measures at its downtown Cairo location.

“We pray with all the people of Egypt, Christians and Muslims, [that they] would unite against this new wave of religious fanaticism and terrorism,” he said.

For weeks before the ISI issued its threat, Alexandria was the site of massive protests against the Orthodox Church and its spiritual leader, Pope Shenouda III. Immediately after Friday prayers, Muslims would stream out into the streets surrounding mosques, chant slogans against the church and demand the “return” of the two women. Before that, as early as June, clerics from at least one central Alexandria mosque could be heard broadcasting anti-Christian vitriol from minaret loudspeakers during prayers, instructing Muslims to separate themselves entirely from their Christian countrymen.

The Alexandria bombing comes almost a year after a shooting in Nag Hammadi, Egypt left six Christians and one Muslim security guard dead. In the Jan. 6, 2010 attack, a group of men drove by St. John’s Church, 455 kilometers (282 miles) south of Cairo, and sprayed with gunfire a crowd leaving a Coptic Christmas Eve service.

Three men were eventually charged with the shootings, but the case has yet to be resolved.

Egypt wasn’t the only place in the Middle East plagued with anti-Christian violence over the holiday season.

The day before bombers struck the Alexandria church, an elderly Christian couple in Baghdad was killed when terrorists placed a bomb outside of their home, rang the doorbell and walked away, according to media and human rights reports. The bombing happened at the same time other Christian-owned homes and neighborhoods throughout Baghdad were being attacked.

Estimates of the number of people wounded in the attacks in Iraq range from nine to more than 13.

Report from Compass Direct News

Legal Status Foreseen for Christianity in Buddhist Bhutan

Country’s religious regulatory authority expected to consider recognition before year’s end.

NEW DELHI, November 4 (CDN) — For the first time in Bhutan’s history, the Buddhist nation’s government seems ready to grant much-awaited official recognition and accompanying rights to a miniscule Christian population that has remained largely underground.

The authority that regulates religious organizations will discuss in its next meeting – to be held by the end of December – how a Christian organization can be registered to represent its community, agency secretary Dorji Tshering told Compass by phone.

Thus far only Buddhist and Hindu organizations have been registered by the authority, locally known as Chhoedey Lhentshog. As a result, only these two communities have the right to openly practice their religion and build places of worship.

Asked if Christians were likely to get the same rights soon, Tshering replied, “Absolutely” – an apparent paradigm shift in policy given that Bhutan’s National Assembly had banned open practice of non-Buddhist and non-Hindu religions by passing resolutions in 1969 and in 1979.

“The constitution of Bhutan says that Buddhism is the country’s spiritual heritage, but it also says that his majesty [the king] is the protector of all religions,” he added, explaining the basis on which the nascent democracy is willing to accept Christianity as one of the faiths of its citizens.

The former king of Bhutan, Jigme Singye Wangchuck, envisioned democracy in the country in 2006 – after the rule of an absolute monarchy for over a century. The first elections were held in 2008, and since then the government has gradually given rights that accompany democracy to its people.

The government’s move to legalize Christianity seems to have the consent of the present king, Jigme Khesar Namgyel Wangchuck, who is respected by almost all people and communities in the country. In his early thirties, the king studied in universities in the United States and the United Kingdom. Prime Minister Lyonchen Jigmey Thinley is also believed to have agreed in principle to recognition of other faiths.

According to source who requested anonymity, the government is likely to register only one Christian organization and would expect it to represent all Christians in Bhutan – which would call for Christian unity in the country.

All Hindus, who constitute around 22 percent of Bhutan’s less than 700,000 people, are also represented by one legal entity, the Hindu Dharma Samudaya (Hindu Religion Community) of Bhutan, which was registered with the Chhoedey Lhentshog authority along with Buddhist organizations a year ago.

Tshering said the planned discussion at the December meeting is meant to look at technicalities in the Religious Organizations Act of 2007, which provides for registration and regulation of religious groups with intent to protect and promote the country’s spiritual heritage. The government began to enforce the Act only in November 2009, a year after the advent of democracy.

Asked what some of the government’s concerns are over allowing Christianity in the country, Tshering said “conversion must not be forced, because it causes social tensions which Bhutan cannot afford to have. However, the constitution says that no one should be forced to believe in a religion, and that aspect will be taken care of. We will ensure that no one is forced to convert.”

The government’s willingness to recognize Christians is partly aimed at bringing the community under religious regulation, said the anonymous source. This is why it is evoking mixed response among the country’s Christians, who number around 6,000 according to rough estimates.

Last month, a court in south Bhutan sentenced a Christian man to three years of prison for screening films on Christianity – which was criticized by Christian organizations around the world. (See http://www.compassdirect.org, “Christian in Bhutan Imprisoned for Showing Film on Christ,” Oct. 18.)

The government is in the process of introducing a clause banning conversions by force or allurement in the country’s penal code.

Though never colonized, landlocked Bhutan has historically seen its sovereignty as fragile due to its small size and location between two Asian giants, India and China. It has sought to protect its sovereignty by preserving its distinct cultural identity based on Buddhism and by not allowing social tensions or unrest.

In the 1980s, when the king sought to strengthen the nation’s cultural unity, ethnic Nepalese citizens, who are mainly Hindu and from south Bhutan, rebelled against it. But a military crackdown forced over 100,000 of them – some of them secret Christians – to either flee to or voluntarily leave the country for neighboring Nepal.

Tshering said that while some individual Christians had approached the authority with queries, no organization had formally filed papers for registration.

After the December meeting, if members of the regulatory authority feel that Chhoedey Lhentshog’s mandate does not include registering a Christian organization, Christians will then be registered by another authority, the source said.

After official recognition, Christians would require permission from local authorities to hold public meetings. Receiving foreign aid or inviting foreign speakers would be subject to special permission from the home ministry, added the source.

Bhutan’s first contact with Christians came in the 17th century when Guru Rimpoche, a Buddhist leader and the unifier of Bhutan as a nation state, hosted the first two foreigners, who were Jesuits. Much later, Catholics were invited to provide education in Bhutan; the Jesuits came to Bhutan in 1963 and the Salesians in 1982 to run schools. The Salesians, however, were expelled in 1982 on accusations of proselytizing, and the Jesuits left the country in 1988.

“As Bhutanese capacities (scholarly, administrative and otherwise) increased, the need for active Jesuit involvement in the educational system declined, ending in 1988, when the umbrella agreement between the Jesuit order and the kingdom expired and the administration of all remaining Jesuit institutions was turned over to the government,” writes David M. Malone, Canada’s high commissioner to India and ambassador to Bhutan, in the March 2008 edition of Literary Review of Canada.

After a Christian organization is registered, Christian institutions may also be allowed once again in the country, given the government’s stress on educating young Bhutanese.

A local Christian requesting anonymity said the community respects Bhutan’s political and religious leaders, especially the king and the prime minister, will help preserve the country’s unique culture and seeks to contribute to the building of the nation.

Report from Compass Direct News

Muslim Mob Targets Christian, Family in Murder Case

Villagers beat young man and his relatives, as well as burn their crops and press charges.

SHEIKHUPURA, Pakistan, October 11 (CDN) — A young Christian has been jailed for nearly eight months and his family was attacked after a Muslim friend framed him for murder, he said.

Yassir Masih, 18, has been locked up at Sheikhupura District Jail since his arrest in late February. In an interview at Narang Mandi police station at that time, Masih said that on Feb. 17 his Muslim friend Muhammad Mubashir came to his house late at night and asked him to accompany him on “an urgent piece of work.”

Residents of Pandori village in Sheikhupura district, Mubashir and Masih went to the home of Muhammad Imran, who was in love with the same girl as Mubashir; Masih said the two one-time friends often quarreled over her, with bitter enmity eventually developing between them.

“Being a friend, I went with him, reluctantly, and we soon arrived at the door of Muhammad Imran,” Masih said. “Muhammad Mubashir knocked on the door, and as soon as Muhammad Imran opened the door, Muhammad Mubashir opened fire with his pistol, killing Muhammad Imran on the spot.”

The gunfire awakened villagers, who gathered and began to search for the killer, Masih said. Frightened of the mob and not wanting to put his family in danger, Masih did not return home but fled with Mubashir. The two young men hid in a field of crops, where they decided to leave the village until passions cooled, he said. As Masih left the village, however, he was unaware that Mubashir had melted into the mob that was looking for the killer, he said.

“Later Muhammad Mubashir went to his house and slept in his warm bed that shivering cold winter night,” Masih said.

The next day villagers discovered Masih was missing and therefore accused him of killing Imran, he said.

They didn’t stop at that, said Khalid Gill, chief organizer for Punjab Province of the All Pakistan Minorities Alliance. Gill said that in order to deprive the wealthy Christian family of their profitable strawberry, wheat, corn and other crops, Mubashir’s father, Muhammad Gulfam, filed murder, arms possession and terrorism charges not only against Masih but also against his 50-year-old father Abid Masih, as well as brothers Khalid Masih, 30; Asif Masih, 23; Ashir Masih, 15; Faisal Masih, 13; and two others unnamed.

“Most of the Muslims in the area harbored jealousy against the prosperous Christian family,” Gill pointed out, explaining why Gulfam also pressed charges against members of Yassir Masih’s family.

Additionally, the angry villagers on Feb. 18 overran the property of Masih’s grandfather, Rehmat Masih, where four of the late patriarch’s sons lived; the mob beat women and children with clubs and looted appliances, clothes and other household items, Gill said.

“Nothing was left of use for the Christian family,” Gill said.

He added that the villagers ransacked Yassir Masih’s home and burned 20 acres of his fields on Feb. 18. The village comprises about 2,000 Muslim families and only 15 Christian homes, he said.

Officers from Narang Mandi police station arrested Yassir Masih later than month. He and his family members told officers that Mubashir shot Imran, but police listened only to the lies of the plaintiff, Masih said.

On Feb. 19 Yassir Masih’s mother, Shamshad Bibi, went to the Narang Mandi police station to file a complaint against the Muslim villagers for attacking and looting their house and burning their crops, Gill said. Police filed a case against the attackers but so far no one has been arrested, and “all the Muslim leaders who instigated the Muslim mob to attack are still at large,” Gill said.

At the same time, Narang Mandi police have arrested not only Yassir Masih but his brothers Ashir Masih and Asif Masih, 15 and 23 years old respectively, Gill said. While Yassir Masih has been incarcerated at Sheikhupura District Jail, Ashir Masih and Asif Masih were interrogated by Criminal Investigation Agency officers and have been kept at an undisclosed location since Feb. 18.

The accused Christian’s father, Abid Masih, as well as Khalid Masih, were still in hiding at press time. Police exonerated young Faisal Masih of all charges on Sept.1. Gill said that the 13-year-old boy had moved to an undisclosed location.

Report from Compass Direct News

Somali Family Laments Kidnapping of Christian Girl

Islamic extremist insurgents abducted 15-year-old nearly eight months ago.

MOGADISHU, Somalia, October 6 (CDN) — An underground Christian family from central Somalia is agonizing over the kidnapping of their daughter nearly eight months ago by Islamic militants bent on punishing those who leave Islam.

Ghelle Hassan Aded told Compass that he has not seen his 15-year-old daughter, Anab Ghelle Hassan, since Islamic extremists from the al Shabaab (“the Youth”) insurgency kidnapped her on Feb. 15. Certain that the militants would come after the rest of the family, they immediately fled, said Aded, who spoke with Compass from an undisclosed location in Somalia’s autonomous region of Puntland.

The family formed part of a growing movement of underground Christians in Dhusa Mareb, capital of Galgaduud Region in central Somalia, said other sources in Somalia who confirmed the kidnapping. Aded and his family had become Christians in 2001 while living in Kampala, Uganda. In 2008, the family returned to Somalia and settled in Dhusa Mareb, where their tribesmen live.

The al Shabaab insurgents fighting the Transitional Federal Government soon began monitoring the family’s activities. Aded said they took note that the family did not attend mosque, and on several occasions the insurgents or other Muslims questioned him. In Somalia, Christians hold small meetings in secret and are advised not to keep Bibles or other Christian literature at their homes; they often have to keep them buried in a hole.

On Feb. 15, Aded and his wife sent young Hassan to the market to buy food, he said; relatives told them later that day that they saw al Shabaab insurgents kidnap her at 10 a.m. as she was going about her business at the local market. Knowing that the insurgents would soon come after the rest of his family, Aded said, he fled immediately with his wife, 11-year-old daughter and 10-year-old son to Puntland.

At their location in Puntland, the family appeared devastated by the kidnapping, with Aded’s wife often weeping over the loss, but they said they maintain hope of seeing Anab again.

“We are increasingly afraid of being discovered by the militants on our trail and wish to go back to Kampala as soon as possible,” Aded said. “After months of monitoring, the militants were convinced that we were practicing Christianity, contrary to their banning of all other religions in Somalia.”

Al Shabaab insurgents control much of southern and central Somalia and have embarked on a campaign to rid the country of its hidden Christian population. With estimates of al Shabaab’s size ranging from 3,000 to 7,000, the insurgents seek to impose a strict version of sharia (Islamic law).  

Al Shabaab was among several splinter groups that emerged after Ethiopian forces removed the Islamic Courts Union, a group of sharia courts, from power in Somalia in 2006. Said to have ties with al Qaeda, al Shabaab has been designated a terrorist organization by several western governments.

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 that mandates the death penalty for those who leave Islam.

Report from Compass Direct News

Police Keep Indonesian Church from Worship Site after Attack

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

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

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

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

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

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

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

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

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

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

An argument ensued between Bekasi officials and HKBP leaders.

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

Pastor Purba responded by requesting security for their current location.

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

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

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

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

Jufri continued reading the entire decree.

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

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

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

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

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

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

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

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

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

Report from Compass Direct News