Shadow minister Katy Gallagher was British when she nominated for 2016 election


Michelle Grattan, University of Canberra

Labor frontbencher Katy Gallagher can expect to be referred to the High Court after the release of senators’ citizenship declarations on Monday confirmed the ACT senator was a British citizen when she nominated for the 2016 election.

But she says she will not refer herself to the court because her legal advice was that she had taken all the steps required of her before she nominated – even though her renunciation of foreign citizenship wasn’t registered until later.

The declarations of all senators were posted online on Monday. House of Representatives MPs must produce their declarations by Tuesday morning; these will be made public within a day or so.

Gallagher, who entered the Senate via a casual vacancy during the previous term, is one of several Labor MPs likely to be referred to the court, as the citizenship crisis turns on the opposition.

The government has indicated it will refer Labor MPs who had not had their renunciations confirmed by nomination day. In these cases, the MPs took steps to renounce foreign citizenship and will argue they did all that was required.

Others likely to be referred are Justine Keay, who holds the Tasmanian seat of Braddon, and Josh Wilson, the member for Fremantle in Western Australia.

Susan Lamb, the member for Longman in Queensland, has also been targeted by the government, although her case is more complicated. She has said the British Home Office questioned whether she held citizenship to renounce, and asked for more paperwork which she could not supply.

The government says Labor should refer any of its own people whose status is in doubt. Labor has attacked the threat to refer Labor MPs but it is not disclosing what position it will ultimately take.

Sydney University constitutional expert Anne Twomey says Labor will need the court to take a liberal rather than a strict legal interpretation of the Constitution if it is to avoid byelections in its seats.

She said the ALP would have a “reasonable case” to argue in the court. But it was hard to predict how the decisions would go because there had been mixed messages.

In the 1992 Sykes v. Cleary case the court had indicated a nominee only had to take the reasonable steps within their power to renounce their dual citizenship.

But in remarks the court had made in one of the recent cases, its reference to reasonable steps was in the context of circumstances where the other country would not acknowledge renunciation. It was unclear whether this was because the court was now taking a stricter view of the test or whether it would uphold the authority of the Cleary case, Twomey said.

She said the court might also take a different view where a candidate had purposely delayed initiating action to renounce, from a case where they had been chosen late in the piece and then acted with all speed.

Keay has admitted waiting some time after she was advised by the Labor party to divest herself of her British citizenship. She has said: “I delayed it – it’s one of those things with the citizenship I knew I could never get it back”.

She told the Burnie Advocate: “If I didn’t get elected I can’t get my citizenship back and for me, it was a very personal thing”, saying it was the last tangible connection with her father.

On the other hand Wilson – who replaced another candidate at the last minute – was only endorsed by his party on May 12, 2016, for the July 2 election, and completed the renunciation paperwork the same day.

Early in the citizenship crisis Bill Shorten repeatedly declared publicly the opposition was confident that none of its MPs would be vulnerable, saying it had a comprehensive vetting process. More recently Labor has become nervous.

Shorten’s concern was clear to Malcolm Turnbull when they met some weeks ago about the citizenship crisis, which has now claimed victims across the political spectrum – although so far no Labor MPs.

The Nick Xenophon Team’s sole lower house member, Rebekha Sharkie, who holds Mayo in South Australia, is also facing referral. She too did not get her renunciation formalised before nomination.

It is not known whether there are further lower house MPs with possible dual citizenship at the time of nomination. Turnbull said at the weekend he was confident there were not any more Coalition MPs who had been dual citizens.

The ConversationThe declarations of senators indicated that several had been dual citizens in the last parliament before getting their affairs in order for the election.

https://www.podbean.com/media/player/hdjfk-7dce11?from=site&skin=1&share=1&fonts=Helvetica&auto=0&download=0

Michelle Grattan, Professorial Fellow, University of Canberra

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

Blind Chinese human rights defender still under house arrest


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

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

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

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

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

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

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

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

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

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

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

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

Report from the Christian Telegraph

Chinese religious freedom activist awarded Nobel Peace Prize


A Chinese human rights dissident and democracy advocate was awarded this year’s Nobel Peace Prize on Friday, reports Peter J. Smith, LifeSiteNews.com.

Liu Xiaobo is the architect of a pro-democracy and human rights manifesto called Charter 08, which called for basic freedoms such as freedom of religion, assembly, protection of private property, and the guarantee of rights outlined under the U.N.’s Declaration of Universal Human Rights.

Authorities arrested Liu two days before the Charter’s December 8, 2008 release and charged him with "inciting the subversion of state power." After declaring him guilty, a Chinese court sentenced Liu on Christmas Day 2009 to 11 years in prison.

The Nobel committee in particular cited Liu’s pacifism in challenging communist China’s human rights abuses and calling for democratic reforms.

Liu was nominated in part by eight U.S. lawmakers who praised his work and suffering for human rights in China.

On behalf of himself and seven other U.S. Congressman, Rep. Chris Smith (R-N.J.) recommended that the Nobel Peace Prize Committee recognize not only Liu, but jointly award the prize to two other human rights activists, Chen Guangcheng and Gao Zhisheng, who have been persecuted specifically for fighting China’s brutal policy of forced abortion and sterilizations under the “one-child” policy.

Chen is a blind self-taught lawyer, who took the burden upon himself to defend local Chinese peasant women from forced sterilization and their children from forced abortion by local government authorities.

Gao, a Beijing attorney committed to defending human rights in China, was one of Chen’s lawyers. On February 4, 2009, Gao went missing under suspicious circumstances.

Geng He, Gao’s wife, told the Associated Press that she has not spoken to her husband since April and fears for his safety.

The Chinese Foreign Ministry has blasted the Nobel committee’s selection of Liu, calling the award a “blasphemy” and Liu a “criminal.”

"The Nobel Peace Prize is meant to award individuals who promote international harmony and friendship, peace and disarmament. Liu Xiaobo is a criminal who has been sentenced by Chinese judicial departments for violating Chinese law,” the ministry said on its website. “Awarding the peace to Liu runs completely counter to the principle of the award and is also a blasphemy to the Peace Prize."

The AP reports that news of Liu’s Nobel award has been blacked out in China. It added that Liu Xia, his wife, is guarded in her Beijing apartment by police, who have forbidden her from meeting with reporters.

Liu’s wife, who is able to communicate by telephone and electronic media, told CNN that she intends to visit him in prison soon to inform him of the prize, and encourage him. She hopes to be able to visit Norway to collect the award on his behalf.

Last year’s Nobel Peace Prize recipient was President Barack Obama, who was nominated shortly after his presidential inauguration. Obama praised Liu for his sacrifice in a statement and called upon Chinese authorities to release him from prison.

“By granting the prize to Mr. Liu, the Nobel Committee has chosen someone who has been an eloquent and courageous spokesman for the advance of universal values through peaceful and non-violent means, including his support for democracy, human rights, and the rule of law,” said Obama.

Report from the Christian Telegraph

IRAN: MANDATORY DEATH PENALTY FOR ‘APOSTATES’ SCRAPPED


Proposed amendment reportedly shot down after international outcry.

LOS ANGELES, June 29 (Compass Direct News) – A member of Iran’s Parliament reportedly revealed last week that the country’s Parliamentary Committee has stricken the mandatory death penalty for those who leave Islam from proposals for an amended penal code.

Citing a BBC Persian news service report on Tuesday (June 23), United Kingdom-based Christian Solidarity Worldwide (CSW) announced on Friday (June 26) that a member of Iran’s Legal and Judicial Committee of Parliament, Ali Shahrokhi, had told the Iranian state news agency (IRNA) of the decision to eliminate the mandatory death penalty amendment, which had drawn international protests.

The Parliamentary Committee had come under intense international pressure to drop clauses from the Islamic Penal Code Bill that allowed stoning and made death the mandatory punishment for apostates.

The new penal code was originally approved in September 2008 by a preliminary parliamentary vote of 196-7.

In Friday’s statement, CSW said that the bill must now pass through a final parliamentary vote before being sent to Iran’s most influential body, the Guardian Council, which will rule on it.

The council is made up of six conservative theologians appointed by Iran’s Supreme Leader and six jurists nominated by the judiciary and approved by Parliament. This body has the power to veto any bill it deems inconsistent with the constitution and Islamic law.

The Christian and Baha’i communities of Iran are most likely to be affected by this decision. Iran has been criticized for its treatment of Baha’is, Zoroastrians and Christians, who have all suffered under the current regime.

Joseph Grieboski, president of the Institute on Religion and Public Policy, said the timing of the announcement of the decision during protests over contested elections might not be coincidental.

“Were the regime to maintain [Iranian President Mahmoud] Ahmadinejad’s presidency then pass and enforce a restrictive penal code, the international pressure on Iran would be unbearable for the regime,” said Grieboski. “I do not consider it a sign of opening up. Instead, I see it as a sign of self-preservation.”

Security Backlash

Huge protests over the election results demonstrated considerable opposition to the Iranian government’s heavy-handed tactics, and although the official churches have taken no official stance, many Christians have supported the opposition, according to sources connected to social networking sites.

In the face of the massive protests, a spokesman for the foreign ministry, Hassan Qashqavi, released a statement condemning Western involvement in Iranian affairs and accusing the BBC and Voice of America networks of spreading “anarchy and vandalism.”

This passing of blame bodes ill for minorities in the country, including Christians, whom the Iranian government sees as pawns of the West; they could expect even harsher treatment in a feared post-election clamp-down.

“Since minorities, especially Baha’is and Christians, are often seen as fronts for the West, we can expect that they will feel the greatest backlash by the regime during the protests, and I would argue an even worse crackdown on them if Ahmadinejad and [Supreme Leader Ayatollah Ali] Khamenei come out of this,” said Grieboski.

An Iranian Christian who requested anonymity told Compass that both Christians and Iranians as a whole were tired of the dictatorial regime and asked for prayers for relief.

“The people are really tired, they have no hope, mentally, financially, spiritually, it is really difficult to live in Iran,” the source said. “You can’t have a private life, you can’t make a decision about what you believe, women can’t even decide what to wear. We just pray for the whole nation.”

The Iranian source was reticent to predict how the government might react to Christians following the elections but said that if there were a reaction, they could be among the first victims.

“So what the reaction of the government will be we can’t be 100 percent sure,” the source said, “but they could have a very radical reaction.”

Iranian Christians Maryam Rostampour, 27, and Marzieh Amirizadeh Esmaeilabad, 30, who were arrested on March 5 for their Christian activities, are still held in the notorious Evin Prison. The facility has drawn criticism for its human rights violations and executions in recent years.

Compass has learned that the women have been placed in solitary confinement.

Report from Compass Direct News

IRAN: TWO CHRISTIAN WOMEN IMPRISONED


Held with no legal counsel for over a month, they suffer illness in notorious prison.

LOS ANGELES, April 13 (Compass Direct News) – Accused of “acting against state security” and “taking part in illegal gatherings,” two Iranian Christian women have been held in a Tehran prison for over a month in a crowded cell with no access to legal representation.

Amnesty International, in an appeal for urgent action last week, reported that authorities have made the accusations known but have imprisoned the women without filing official charges. The organization called on Iranian authorities to release them and expressed concern for their health.

Maryam Rostampour, 27, and Marzieh Amirizadeh Esmaeilabad, 30, who were active in church activities and distributing Bibles according to Amnesty’s appeal, were arrested on March 5. They are being held in the detention center of Evin Prison, a facility that has drawn criticism for its human rights violations and executions in recent years. Amnesty’s appeal included a call to urge Iranian officials to ensure that the women are not being tortured.

Based on a telephone conversation between Esmaeilabad and a third party on March 28, Amnesty reported that Esmaeilabad said both are suffering from infection and high fever and had not received adequate medical care. The women continue to be detained in an overcrowded cell with 27 other women. Amnesty said they “may be prisoners of conscience, detained solely on account of their religious beliefs.”

The women are allowed a one-minute call each day and a weekly visit from family. Authorities have informed their family members that the women are accused of “acting against state security” and “taking part in illegal gatherings,” according to the report, and that they would be released after payment of a $400,000 bail. The families have presented the title deeds of their homes as bail but are still waiting for approval from the judge.

Initially the Ministry of Intelligence summoned one of the women, and then took her to the apartment the two shared. There they were officially arrested, and authorities confiscated computers, books and Bibles. The two women were interrogated and held at different police stations.

On March 18 they appeared before Branch 2 of the Islamic Revolutionary Court in Tehran and subsequently transferred to Evin Prison, said the report.

Even if the women are released on bail, they still have to stand trial. Accusations have not included “apostasy,” or leaving Islam, though investigations are ongoing. It is not known whether the women are converts from Islam.

Last September the Iranian Parliament approved review of a new penal code calling for a mandatory death sentence for “apostates.” Under current law death sentences for apostasy have been issued only under judicial interpretations of sharia (Islamic law).

Under the new penal code, male “apostates” would be executed, while females would receive life sentences. The new code was sent to Iran’s most influential body, the Guardian Council, which is expected to rule on it. The council is made up of six conservative theologians appointed by Iran’s Supreme Leader and six jurists nominated by the judiciary and approved by Parliament. This council has the power to veto any bill it deems inconsistent with the constitution and Islamic law.

Converts to Christianity in Iran risk harassment, arrest and attack from authorities even though Article 23 of the Iranian Constitution grants that individual beliefs are private and no one can be “molested or taken to task” for holding them. Iran has also signed the International Covenant on Civil and Political Rights, which states that everyone shall have the right to freedom of thought, conscience and religion.

“This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching,” the covenant states.

The last Iranian Christian convert from Islam executed by the Iranian government was Hossein Soodmand in 1990. He was accused of working as “an American spy.” Since then at least six Protestant pastors have been assassinated by unknown killers.

Report from Compass Direct News

 

PROMINENT CLERICS NOMINATED TO HEAD BREAKAWAY SOUTH AFRICAN PARTY


The former general secretary of the All Africa Conference of Churches, the Rev. Mvume Dandala, has been nominated as the presidential candidate of a breakaway faction of South Africa’s ruling African National Congress in the country’s 22 April elections, reports Ecumenical News International.

Professor Russel Botman, the rector of Stellenbosch University and the former president of the South African Council of Churches, pipped the former president of the World Alliance of Reformed Churches, the Rev. Allan Boesak, to the post as nominee for another top party position.

Report from the Christian Telegraph

IRAN: CASE STILL OPEN AGAINST RELEASED CHRISTIANS


Charges still unknown; another convert faces possible ‘apostasy’ accusation.

LOS ANGELES, February 9 (Compass Direct News) – Arrested on Jan. 21 in Tehran, converts from Islam Jamal Galishorani and his wife Nadereh Jamali have been released on bail with an open case, though charges against them are still unknown, sources told Compass.

Authorities released Galishorani yesterday, and officials at Evin Prison freed his wife last week. Iranian Christians and international human rights agencies have feared that they could be charged with “apostasy,” or leaving Islam – potentially punishable by execution in the Shia Islamic republic.

A third Christian also arrested in Tehran on Jan. 21, Armenian Hamik Khachikian, was released after one week without charges.

The Galishoranis and Khachikian are members of Tehran’s Assemblies of God Church, an officially registered church, and were said to have held Bible studies in their home. The arrests of the Galishoranis and Khachikian, according to a source, are just part of the government’s increased harassment of Iran’s Christians.

“The pressure is continuous,” the source said. “In the past it came and went with waves.”

 

Possible Apostasy Charge

Sources told Compass that Mahmoude Azadeh, a 55-year-old Christian who has been incarcerated in Mashhad since last August, could face charges of apostasy.

He is expected to learn of exact charges, which also could include forming a Christian house group and propagating Christianity, at a Mashhad court hearing on Thursday (Feb. 12).

Azadeh has been in jail since security agents raided his house church in Nishapur; five others arrested with him were released shortly after. Azadeh has spent two months of his time in jail in solitary confinement, the sources said.

He was first arrested in June 2007 in Nishapur for two days, and after he and his family moved to Isfahan, authorities arrested him there in September of the same year, a source said.

In 2008, there were 73 documented arrests of Christians in Iran. A source working closely with churches in Iran expects there to be more arrests this year. A high-profile church leader was also taken into custody this year, the source said, and is still being held.

“With elections coming this year, there will be more arrests,” the source said. “The regime rules through fear, and they want Christians to be afraid.”

In addition to the approaching spring elections, the source said, exaggerated estimates of conversions by well-intentioned ministries outside of Iran may be contributing to reasons for the government’s increased scrutiny of the church.

“One minister in America claimed that in 2008 alone, 800,000 Iranians came to Christ,” the source said, adding that the government viewed such a high number of converts as a genuine threat to its rule and began to clamp down on churches.

The source noted that many Iranians wear Zoroastrian symbols and crucifixes merely as acts of rebellion against the government. “This doesn’t always mean that they are true believers,” he said.

The recent spate of arrests also included Baha’is.

As many Iranian Christians are either in prison or awaiting trial, the government continues to debate the adoption of a proposed penal code that would mandate the death penalty for apostates. The Iranian Parliament approved the new penal code last September, and the Guardian Council has yet to rule on it.

The council is made up of six conservative theologians appointed by Iran’s Supreme Leader and six jurists nominated by the judiciary and approved by Parliament. In the past, death sentences for apostasy were issued only under judicial interpretations of sharia (Islamic law).

The proposed legislation in the Iranian Parliament would make the death penalty mandatory for male apostates, while women convicted of apostasy would receive life in prison at most.

Many Iranian Christians believe the arrests in January mark the beginning of a renewed crackdown.

Report from Compass Direct News  

IRAN: THREE CHRISTIANS ARRESTED FROM HOMES IN TEHRAN


‘Continuously high’ wave of arrests increases; whereabouts, charges unknown.

LOS ANGELES, January 23 (Compass Direct News) – Three Christians from two different families were arrested from their homes Wednesday morning (Jan. 21) and are being held without charges, sources told Compass.

Authorities took Jamal Ghalishorani, 49, and his wife Nadereh Jamali from their home in Tehran between 7 and 8 a.m., about a half hour after arresting Hamik Khachikian, an Armenian Christian also living in Tehran. Ghalishorani and his wife are Christian converts from Islam, considered “apostasy” in Iran and potentially punishable by death.

Christian sources told Compass that Ghalishorani converted to Christianity 30 years ago, and his wife received Christ about 15 years ago. They have one child, a 13-year-old daughter, while Khachikian has two children, a 16-year-old son and an 11-year-old daughter. Authorities have not told the families of the charges against those arrested or their whereabouts.

The three arrested Christians belong to house churches, source said, and they hold jobs and are not supported as clergy. Police also took books and computers from the families’ homes.

The arrests come as part of a tsunami of arrests in the past several months, the sources said.

“We don’t know why the pressure is continuously high, but we see that it is increasing,” said one source. “The government does it to the Baha’i people as well – there are more arrests in the last several months among them than in maybe the whole 30 years before.”

Arrests and pressure on Christians from authorities have ramped up even further in the past few months, the source said, adding that the reasons were unclear.

Another source, however, said the arrests are part of a concerted, nationwide government plan.

“We are quite sure that these arrests are part of a bigger operation from the government,” the source said. “Maybe up to 50 people were arrested. In Tehran alone already some 10 people were arrested – all on the same day, January 21.”

Sources noted that whereas past waves of intense harassment and arrests of Christians eventually have subsided, recent pressure has been “continuously high,” with reports of arrests in almost every month of 2008.

“In the past there have been waves of incredible pressure, but then it seemed to calm down a bit sometimes,” said one source. “Then we had the feeling pressure came and went, but now it is continuously ongoing.”

The families of those arrested fear for their safety. Khachikian’s wife is “very confused, she has no idea where her husband is,” said the source. “Relatives are taking care of the daughter of Jamal and Nadereh’s, but of course she’s very anxious about what will happen to her parents.”

The arrests are particularly disturbing in light of the Iranian parliament’s approval last September of a new penal code calling for a mandatory death sentence for “apostates,” or those who leave Islam. In the past death sentences for apostasy were issued only under judicial interpretations of sharia (Islamic law).

Under the new penal code, male “apostates” would be executed, while females would receive life sentences. The new code was to be sent to Iran’s most influential body, the Guardian Council, which will rule on it. The council is made up of six conservative theologians appointed by Iran’s Supreme Leader and six jurists nominated by the judiciary and approved by parliament. This body has the power to veto any bill it deems inconsistent with the constitution and Islamic law.

The last Iranian Christian convert from Islam executed by the Iranian government was Hossein Soodmand in 1990. He was accused of working as “an American spy.” Since then at least six Protestant pastors have been assassinated by unknown killers.  

Report from Compass Direct News