Worksafe’s hotel quarantine breach penalties are a warning for other employers to keep workers safe from COVID

Alex Collie, Monash UniversityVictoria’s occupational health and safety regulator, Worksafe, has charged the state’s health department with 58 breaches for failing to provide hotel quarantine staff with a safe workplace.

The breaches occurred between March and July 2020, and at up to A$1.64 million per breach, could amount to fines of $95 million.

This should serve as a warning to all employers to start assessing their workers’ safety against COVID and how they can mitigate these risks, ahead of the nation reopening.

---

Read more:
Here’s the proof we need. Many more health workers than we ever thought are catching COVID-19 on the job

---

Remind me, what is Worksafe?

States and territories have responsibility for enforcing laws designed to keep people safe at work: occupational health and safety (OHS) laws.

Worksafe Victoria is responsible for and regulates OHS in Victoria. It’s responsible for making sure employers and workers comply with OHS laws; and it provides information, advice and support.

Victoria’s parliament has given Worksafe the power to prosecute employers if they breach OHS laws. In 2018-19, it commenced 157 prosecutions which resulted in nearly A$7 million in fines.

Unlike some other state OHS regulators, Worksafe also manages the Victorian workers’ compensation system.

Why did Worksafe charge the health department?

Worksafe charged Victoria’s Department of Health with 58 breaches of sections 21 and 23 of the Victorian Occupational Health and Safety Act.

The Act requires employers to maintain a working environment that is “safe and without risks to health” of employees. These obligations extend to independent contractors or people employed by those contractors.

Worksafe is alleging that in operating the Victorian COVID-19 quarantine hotels between March and July 2020, the Department of Health failed to maintain a working environment that was safe and limited risks to health, both to its own employees and to other people working in the hotels.

Essentially Worksafe is stating that through a series of failures, the department placed government employees and other workers at risk of serious illness or death through contracting COVID-19 at work.

Worksafe alleges the Victorian health department failed to:

• appoint people with expertise in infection control to work at the quarantine hotels
• provide sufficient infection prevention and control training to security guards working in the hotels, as evidence shows training can improve employees’ safety practices
• provide instructions, at least initially, on how to use personal protective equipment, and later did not update instructions on mask wearing in some of the quarantine hotels.

Worksafe undertook a 15-month long investigation, beginning in about July 2020. It’s possible the trigger for this investigation was a referral from the Coate inquiry into hotel quarantine, but that has not been stated.

Is it unusual for a government regulator to fine a government department?

It’s not that unusual. Government departments are subject to the same OHS laws as other employers in the state, and so Worksafe’s powers extend to them as well.

In the past few years, Worksafe has successfully prosecuted the Department of Justice, Parks Victoria and the Department of Health, resulting in fines and convictions.

In 2018, for example, Worksafe prosecuted Corrections Victoria (part of the Department of Justice) after a riot at the Metropolitan Remand Centre in 2015 that put the health and safety of staff at risk.

The riot occurred after the introduction of a smoking ban in prisons. Worksafe considered prisoner unrest was predictable and its impact on staff could have been reduced by having additional security in place in the days leading up to the smoking ban.

In that case the Department of Justice pleaded guilty and was convicted and fined A$300,000 plus legal costs.

What does this mean for other employers?

This case highlights that employers have obligations to provide safe working environments for their staff, and other people in their workplaces. This extends to reducing risks of COVID-19 infection.

These obligations don’t just apply to government departments. They apply to every employer in the state.

Employers should ensure they have appropriate systems and policies in place to reduce COVID-19 infection risk to their staff. This includes, where appropriate, physical distancing, working from home, wearing personal protective equipment (PPE), good hygiene practices, workplace ventilation, and so on.

Employers should consider the risks unique to their environment and address them appropriately, in advance of the nation reopening when we reach high levels of COVID vaccination coverage.

Some employers in high-risk settings – such as health care, retail and hospitality – will need to do more to protect their workers than others.

What happens next for the Vic health department?

The case has been filed in the Magistrates court, with an initial hearing date set for October 22. It will progress through the court system from there. Most prosecutions are heard in the Magistrates Court although some proceed to the County Court.

If the Department of Health pleads guilty, the courts will determine if a fine should be paid and how much. The court may also determine if a conviction is recorded.

---

Read more:
Soon you’ll need to be vaccinated to enjoy shops, cafes and events — but what about the staff there?

---

Alex Collie, Professor and ARC Future Fellow, Monash University

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

Heavy penalties are on the table for banks caught lying and taking fees for no service

Dimity Kingsford Smith, UNSW and Alex Steel, UNSW

Another week of hearings of the Financial Services Royal Commission has seen financial services company AMP admitting it mislead the Australian Securities and Investment Commission (ASIC) on 20 occasions. The commission also saw evidence of both AMP and the Commonwealth Bank of Australia paying themselves client money when there was no adviser allocated to provide services, or the client had passed away.

It seems ASIC and the Director of Public Prosecutions will have no lack of evidence to pursue civil penalties and criminal cases. The bigger issue is what charges to go with.

In deciding what to pursue, ASIC and the DPP will need to weigh up the costs, the charges individuals are willing to plead guilty to, and the outcomes that will best serve the public interest.

Convicting individuals clearly “sends a message”, but these employees are easily replaced with others just as willing to commit the offences, unless the organisation’s culture is changed.

ASIC has confirmed it has a broad-ranging investigation into AMP already underway, and the Treasurer has suggested the behaviour might attract jail time.

Whether or not bankers get jail time will depend on the actual offences charged and a range of sentencing factors. However, the courts are increasingly emphasising the importance of substantial sentences for white collar crime.

Offences with similar maximum penalties in the UK led to a UBS banker who manipulated the London Interbank Offered Rate being sentenced to 14 years jail in 2015. Another joined him in 2016 for two years and nine months and three others were also convicted.

What AMP and CBA did

AMP and CBA have admitted they failed to provide information and report breaches to ASIC as required by the Corporations Act. Misleading Australian government agencies is also a criminal offence under the Act and the Commonwealth Criminal Code.

As well as dealing truthfully with ASIC, all entities licensed to offer financial services must act “efficiently, honestly and fairly” and take reasonable steps to ensure their employees do likewise.

It is not hard to see how taking clients’ money without providing a service is not efficient, honest or fair.

Civil penalties

Civil sanctions could apply to conduct at AMP and CBA which could ultimately involve disqualification for up to 20 years from working as a corporate officer and/or a fine of up to A$200,000.

Officers of a corporation are very senior employees and usually immediately below board level. They have a duty to be careful and diligent and act in the best interests of the company under the Corporations Act. There is a range of lesser charges from general dishonesty to false documentation offences.

Officers of a corporation have duties which require them to be careful and diligent. This is because the officers may have failed to follow up or failed to prevent conduct) after finding out about what was going on.

If ASIC and the DPP can go further and prove that AMP and CBA officers have intentionally caused their company to break the law, it is virtually impossible that conduct could be in the interests of the corporation. AMP and CBA officers may have also breached criminal offences in the Corporations Act if the wrongdoing was reckless or intentionally dishonest.

Criminal charges

Turning to more general offences, here criminal penalties range from 12 months in jail for misleading ASIC, to significant penalties for conspiracy to defraud.

Any bank employee who was involved in the creation of misleading documentation might well be exposed to fraud charges. Under Commonwealth and state law, fraud can involve reckless deception of another (either ASIC or the clients) with an intention to gain a financial advantage for another (AMP or CBA) Those offences have maximum penalties of 10 years jail. There is a range of lesser charges from general dishonesty to false documentation offences.
Those who assisted might well also be liable through accessorial liability.

Prosecutors could also turn to the conspiracy to defraud offence. The Commonwealth version of the offence involves an agreement to dishonestly influence a public official’s decisions. An agreement to provide false documents to ASIC would seem easily to fit this offence. Again, this has a maximum penalty of 10 years.

Similarly, common law conspiracy to defraud charges could be available for dishonestly misleading customers in a way that caused them financial loss. There are no prescribed maximum penalties for this version of the offence.

Multiple offences could mean sentences served concurrently, or partly cumulatively.

Although the wrongdoing may seem clear to the public, it is likely that complex matters of proof will emerge and ASIC will need to make a range of decisions about the best approach to ensuring cultural change occurs. While convictions might be deserved, the public interest is best served by ensuring that prosecutions are part of wider regulatory action leading to better banking practices.

Dimity Kingsford Smith, Professor and Director, Centre for Law Markets and Regulation, UNSW Law, UNSW and Alex Steel, Professor, UNSW Scientia Education Fellow, UNSW

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

When taxpayers do wrong, they cop penalties but erring tax officers do not

A Fairfax/ATO investigation suggests the tax office has broken the trust of taxpayers.
http://www.shutterstock.com

Jenni Henderson, The Conversation

A joint Fairfax/Four Corners investigation has uncovered a series of cases where taxpayers, particularly small businesses, have battled with the Australian Taxation Office (ATO) over tax assessments they claim are unfair.

The investigation suggests the tax office has broken the trust of taxpayers.

Professor of Taxation Law, Michael Dirkis, was senior tax counsel for the Taxation Institute of Australia from 1999 till 2009 and has been involved in consultations for various tax reforms.

He says the problem is that the Taxpayers’ charter which sets out the relationship between the tax office and taxpayers, isn’t enforceable for tax officers.

“If a taxpayer does the wrong thing, then clearly the full force of the law can be brought to bear, and penalties can be imposed or prosecutions undertaken. But if a tax officer makes a mistake or does something wrong, there doesn’t seem to be a similar mechanism,” Dirkis says.

This is where an advisory board to the tax office could be useful in rebuilding mutual trust between the ATO and taxpayers.

Here’s the full interview with Professor Michael Dirkis from the University of Sydney.

---

Q: These cases seen in the news reports – do they reflect the usual approach of the tax office?

A: It’s not surprising. The ATO, from time to time, has seemingly stepped over the mark historically in a number of different cases and the sort of tougher approach is probably the manifestation of that.

Q: Are cases involving small business the majority of the type of cases the ATO pursues?

A: No, I think the majority certainly still is at the larger end. Often with those larger businesses, the sort of the information required puts them on to a very regular contact with the tax office and their compliance burden is fairly large.

That said, because they’ve got large amounts of money, they’re also well organised. Of course, the compliance burden and cost, although large, is spread across the business.

Certainly, it appears when one reads the pronouncements from the tax office and information in the annual report, that a large amount of resources are going into the large end [of business] because that’s where the risk is.

The methods the tax office has adopted, certainly in its debt collection mechanisms, are very similar to that of the large banks. In fact, they, at various points of time, have had former debt collection management from the large banks in some of those roles.

Q: Do you think there’s been any sort of cultural shift or other changes in the organisation, with the changes in tax commissioners?

A: The tax office still has similar plans that it sets out in its annual audit areas of interest over the years.

But I think the organisation at the top certainly has had a cultural change. Among the senior staff within the tax office there’s been a constant of recruitment of private sector accountants and lawyers into the technical areas, to boost expertise.

But a lot of that is at the level of the large business, large family group type assessments, rather than focused at the small business end.

We’ve certainly had a cultural change when self-assessment was first introduced. It really made a major shift in power towards the ATO, as suddenly taxpayers were required to calculate their own tax situation.

So the shift of obligation of getting your assessment right switched from you supplying information to the tax office and then the ATO doing that on your behalf and confirming your position, to one where you are now expected to know. Hence why we see 70% of Australians using tax agents.

I think the nature of the audit process is that it can vary and probably at the smaller business end you are going to have an assessment issued and then there will be a lag with trying to talk to case officers.

Q: Is there anything you think the ATO can do to avoid the types of cases that we’re seeing?

A: It’s about education. It’s about ensuring that there are forms of mutual respect. There’s what’s called the Taxpayers’ charter that sets out what the tax office expects of taxpayers and what taxpayers should expect of them.

The problem is the charter is not enforceable. Most crucially, if a taxpayer does the wrong thing then clearly the full force of the law can be brought to bear, and penalties can be imposed or prosecutions undertaken, but if a tax officer makes a mistake or does something wrong there doesn’t seem to be a similar mechanism.

So we don’t have that reciprocal effect, that if the tax office or the tax officers breach the taxpayers charter there is no penalty.

Q: Should there be an oversight or advisory board for that?

A: I think there needs to be. The problem with the charter from day one was that the tax office writes it and then rewrites it. It was used as a mechanism of the ATO saying you know what you can expect.

But as I said, there just isn’t anything in the mechanism that actually makes the tax officers who breach it accountable.

Then the tax office about three years ago went through a large culling of staff. So a lot of very senior, long serving, staff left the tax office.

There was a view that this probably wasn’t a bad thing and that it would get rid of an entrenched “us versus them” mentality that can arise in enforcement agencies. But it doesn’t necessarily seem to have filtered down to those in sort of the more the coalface areas, the audit area.

There needs to be some empathy in that process and that doesn’t seem like it’s happened in some of these cases.

Jenni Henderson, Section Editor: Business + Economy, The Conversation

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

New Life church in Belarus has its account arrested

On August 31 it became known that the settlement account of New Life church had been arrested by the Oktyabrskiy department of Belarusbank Ltd, reports New Life church Information Center.

As bank officials informed the accountant Nadezhda Kovshik, the account ‘has been arrested due to the corresponding requirement from the Economic court of Minsk regarding the indisputable penalties of 9 million and 250 million rubles’.

At that instance there was a sum of 935 000 BLR in the account which was made available to the Economic court. From now onwards any money transferred to the church account will be confiscated.

Sergey Likanin, the church lawyer, thus commented on the issue: “So, law enforcement officers have proceeded to the execution of the court decisions according to which the church had been convicted of the environment pollution by oil. It is such a pity that the believers’ offerings should be arrested based on such an unlawful judicial act. Bank account arrest may make charity work difficult as the church co-operates with the Belarusian Red Cross and other charity organizations but the community
itself will not be endangered. According to judicial procedures there might be attempts to arrest the property in the church building but we believe that the Lord will not let authorities act aggressively towards the Christians, who are not to blame.”

Report from the Christian Telegraph

Rugby League: Some Thoughts on the Melbourne Storm

Like many rugby league fans I was stunned by the breaking news concerning the Melbourne Storm on Thursday evening. The Storm were never my number one team – that was Parramatta. However, the Storm were a team that I admired greatly, a brilliantly coached football team that had dominated rugby league in Australia for the last five years. They were the team to beat and they beat Parramatta in the Grand Final of 2009. Most fair-minded fans of the game were in awe of the Melbourne Storm and I used to love their football.

Now I feel cheated, as most rugby league fans do. Given the mighty resurgence of Parramatta in the lead up to last year’s Grand Final and their appearance in the Grand Final after some incredible wins in the finals, I felt the loss of the Grand Final along with the other Parramatta supporters – but the team had done their best and they hadn’t chocked.

Now we learn that they were playing an unfairly talent inflated team, paid for my illegal means and under the table payments, in total disregard of the salary cap rules that Parramatta and the other teams in the NRL were adhering to. The Parramatta team were playing a cheating team. Certainly many of the players and even some of the team management appear to have known nothing about the salary cap breaches. Yet by the actions of a few, the entire team were in fact cheats.

Parramatta have a right to feel cheated out of a premiership last year and Manly two years before that. These teams didn’t win the Grand Finals they played in, they lost them, so they don’t deserve the premiership title either. But it would have been a fairer opportunity for premiership glory to have been playing on a level playing field.

Shame on Melbourne – what hollow victories you had in 2007 and 2009, and what hollow minor premierships you gained from 2006 to 2008. At the moment I believe the Storm should be removed from the NRL completely – however, in time that view will be tempered, should the stories of players and officials of the Storm not knowing about the cheating prove true. At the moment however, it is difficult to believe that more people within the Melbourne Storm didn’t know about the cheating – including the players who received the extra payments.

More is to be revealed concerning this story in days to come I think.

 

Deadline for re-registration passes; churches face illegal status

Oppressive new laws in Azerbaijan and Tajikistan required religious communities to re-register with the government by January 1, 2010 or face illegal status. As of December 16, only about 100 of Azerbaijan’s 534 religious communities had been able to do so. Fewer than half of Tajikistan’s religious communities re-registered, reports MNN.

According to Joel Griffith of Slavic Gospel Association, officials place obstructions in the paths of churches trying to re-register.

"They will find some technicality or basically any reason to deny registration. So even if some of the groups actually follow the law to the letter and meet the requirements, it just seems very arbitrary and capricious as to whether the officials will agree to register to not," he explained.

It’s unclear how strictly the governments of the two nations will enforce their laws.

"In the worst case scenario…they could basically close congregations down and impose pretty stiff penalties," Griffith said. "In the best case scenario…unless they agree to fully repeal these statues or amend these laws, I think we need to just hope and pray that even though they’re on the books, these things won’t be enforced."

That’s often the case in countries that have similar laws. The new laws include other burdensome requirements in addition to the re-registration mandate. Azerbaijan’s law requires religious communities to provide more information for registration and to obtain approval to build or rebuild places of worship. It also prohibits the sale of religious literature in unapproved locations and religious activity outside registered addresses.

Tajikistan’s religion law censors religious literature, bans state officials from founding religious communities, requires state approval to invite foreigners for religious visits or to travel abroad for religious events, and restricts children’s religious activity and education.

Christians in Azerbaijan are especially concerned about how courts might interpret unclear provisions in the law. They fear a loose interpretation could penalize "peaceful religious activity." Griffith quoted a passage from the law and explained the issue.

"‘The community formulates its relations with other religious confessions on the basis of religious toleration (tolerance), respect and the avoidance of conflict,’ and the community cannot use violence or the threat of violence in proclaiming its faith. Well, if you don’t define those terms, such as ‘respect and the avoidance of conflict’…you could almost say that Christian evangelism could even be illegal under a formulation like that."

Since Christians believe in only one means of salvation — Jesus Christ — it would be entirely possible for disagreement with other religious groups to be interpreted as "conflict." However, Christians are not the only people worried about the potential impact of the law.

"It’s not just Christians that are concerned; we’ve got Muslim groups that are concerned. These are largely Muslim nations," Griffith said. "I think there are a number of people that are concerned about what this will possibly do down the road."

No matter what does happen, the Christian church will remain committed to the Gospel.

"Regardless of what happens in these countries, the churches still have their marching orders from the Lord: to proclaim the Gospel," Griffith said. "And no matter what man does, they’re going to continue to proclaim the Gospel."

Christians in Tajikistan and Azerbaijan need the prayers and support of their fellow believers. SGA has been supporting churches in the former Soviet Union for 75 years, and it continues to support churches in these two countries.

"It’s important to help them take advantage of every open door they can find to share the Gospel," Griffith said. "It might be through supporting a church-planting missionary; it might be through providing Russian-language Bibles and literature; it may be through helping to support in-country training, and sometimes that training has to take place quietly…. But for churches here in the West that have the resources, it’s important to support our brothers and sisters there who don’t have the resources that we do."

Report from the Christian Telegraph 

Imprisoned Christian in Somaliland on Hunger Strike

Convert from Islam jailed for allegedly distributing Christian literature.

NAIROBI, Kenya, October 16 (CDN) — A convert from Islam in Somalia’s self-declared state of Somaliland has staged a hunger strike to protest his transfer to a harsh prison in a remote part of the country.

Osman Nour Hassan was arrested on Aug. 3 for allegedly providing Christian literature in Pepsi village, on the outskirts of the breakaway region’s capital city, Hargeisa. On Sept. 9 authorities transferred him from Hargeisa to Mandere prison, 60 kilometers (37 miles) away – a difficult, week-long trip for visitors that is expensive by Somali standards.

“Hassan is in really terrible shape,” a Christian source told Compass. “He is very discouraged.”

In August the Muslims who accused Hassan met with his family, also Muslim, and agreed that Islamic teachers, or sheikhs, should go to see him in jail to advise him on Islamic doctrine. Two sheikhs met him in the police station cell and implored him to stop spreading Christianity. Hassan refused.

“His family together with the sheikhs requested the prison to make his situation more harsh, as a form of punishment, with the hope that he would recant the Christian faith and return to Islam,” said the source on condition of anonymity. “So far the family has been silent about Hassan’s situation and gives him no support.”

Promotion of any religion other than Islam in Somaliland is prohibited, contrary to international standards for religious freedom such as Article 18 of the U.N. Universal Declaration of Human Rights. Article 5(1-2) of the Somaliland constitution states that Islam is the state religion and prohibits the promotion of any other faith, according to the U.S. Department of State’s 2008 International Religious Freedom Report, and Article 313 outlines penalties for Muslims who change their religion.

Authorities have thwarted efforts to secure an attorney for Hassan by insisting that he cannot appeal his sentence, the source said. No Christian has ever tried to address a religious rights violation through the courts in Somaliland, he said.

“He is in need of a lawyer to help him, which seems not forthcoming,” he said. “But he cannot be allowed the right to a defense anyway. He feels neglected, so he rejected to eat food to protest the mistreatment.”

Local authorities have embarked on a crackdown of underground Christians in the predominantly Muslim area, according to three Somaliland Christians who have fled the country. Several underground Christians have either been killed, arrested or fled their homes as Islamists try to stop the clandestine distribution of Bibles, sources said.

Hassan was accused of providing Christian literature to a village Muslim boy, who later showed it to his family and friends. The boy’s Muslim family reported the incident to the police, sources said, leading to the arrest of the 29-year-old Hassan.

“His stand is that he had only one Christian material in his possession for learning purposes and not for spreading the faith,” the Christian source said. “Hassan needs a lawyer to advocate for his case, because [for someone who was once Muslim] to practice Christianity in Somaliland or another religion apart from Islam is illegal.”

In spite of his discouragement, Hassan recently said he is adhering to Christ.

“I still belong to Jesus,” he said. “I know one day I’m sure I will be released, and my physical health is okay, but psychologically I feel very anxious and stressed. Please continue praying for me.”

Report from Compass Direct News 

Converts from Islam Jailed, Pursued in Somalia’s Breakaway Region

Christian natives of Somaliland face opposition from authorities, relatives for sharing faith.

ADDIS ABABA, Ethiopia, September 16 (CDN) — A convert from Islam in Somalia’s self-declared state of Somaliland has been jailed for distributing Christian materials, and another is on the run from both family members and police upset over his new faith.

Christian sources said Somaliland native Osman Nour Hassan was arrested on Aug. 3 for providing Christian literature in Pepsi village, on the outskirts of the breakaway region’s capital city, Hargeisa.

Promotion of any religion other than Islam in Somaliland is prohibited, contrary to international standards for religious freedom such as Article 18 of the U.N. Universal Declaration of Human Rights. Article 5(1-2) of the Somaliland constitution states that Islam is the state religion and prohibits the promotion of any other faith, according to the U.S. Department of State’s 2008 International Religious Freedom Report, and Article 313 outlines penalties for Muslims who change their religion.

Hassan was accused of providing Christian literature to a village Muslim boy, who later showed it to his family and friends. The boy’s Muslim family reported the incident to the police, the sources said, leading to the arrest of the 29-year-old Hassan. He was taken to Hargeisa central police station.

The arrest has upset underground Christians who see it as a muzzle on religious expression. They said other Muslim villagers had received Christian materials from Hassan and took no offense, and that Christian Ethiopian refugees in the area have distributed the same literature without problem.

On Aug. 6, the Muslim family who accused Hassan met with his family and agreed that Islamic teachers, or sheikhs, should go to see him in jail to advise him on Islamic doctrine. Two sheikhs met him in the police station cell and implored him to stop spreading Christianity.

“You are from an Islamic family, and therefore you should not disgrace or paint a bad image of the family,” argued one of the sheikhs, according to a source who spoke with Hassan. In response, according to the source, Hassan told them that he had received the Christian materials as educational material for himself and for others who cared to read them, and that Jesus was his Savior.

Convinced that Hassan had truly left Islam, and angered by his defiance, the sheikhs urged authorities to take him to the harsher conditions of a jail in Mandera, 60 kilometers (37 miles) away, but at press time Hassan was still incarcerated in Hargeisa.

“His stand is that he is waiting for the coming of Issa [Jesus], just as the whole world is also waiting,” said one neighbor.

Somaliland, which is vying for international recognition as a nation, is bordered by the Gulf of Aden to the north, by Ethiopia to the southwest and by Djibouti to the northwest.

Fleeing Somaliland

Another Somaliland convert to Christianity, Mohamed G. Ali, is on the run from both authorities and family members. Ali has fled to neighboring Ethiopia, but the 27-year-old father of three said this will not be enough to deter relatives who seek to punish him for leaving Islam.

He said relatives previously abducted his wife, who is expected to give birth to their fourth child within the next two weeks, and that they are again looking for ways to kidnap her as well as the children.

The native of Hargeisa said he has already survived several attempts on his life by Muslim fanatics since becoming a Christian in 1998. Family members, close relatives within his tribe, the larger community and local officials have all done him harm, he said.

He first came to Ethiopia in April 2002, subsequently marrying Fatumo Mohamed at the Church of the Nazarene. News of his Christian marriage circulated, preceding him upon his return to Hargeisa; soon after his arrival, he said, Muslim fanatics kidnapped his wife and demolished his house.

Fatumo Mohamed remained captive for several months, later managing to escape and rejoin her husband. For more than three years, as they were displaced from the community and went into hiding, he faced open and official threats. When life became unbearably dangerous, they decided to flee to Ethiopia in August 2005.

Speaking only in general terms to protect loved ones he left behind, Ali said Somaliland authorities were seeking him for reasons related to his Christian faith; other sources confirmed this.

Even after he arrived in Ethiopia, Ali was sought by the Somaliland government, which published a notice on April 11, 2007 displaying his photo in two local Somaliland newspapers, Jamhuuriya and Maandeeq. The notice ordered him to appear before a district court within 30 days, saying failure to do so would result in stiff action being taken against him.

That was just one more episode in a journey of faith that began when he broke his leg in 1996. Receiving treatment in Djibouti, he stayed with a close relative who told Ali the New Testament account of Jesus forgiving an adulterous woman brought for judgment. Amazed at Jesus forgiving the woman, Ali began researching Christianity; three years earlier, he had witnessed the stoning of five young women accused of committing adultery in Hargeisa.

“At that point I failed to see the meaning of compassion in Islam,” he said. “Many questions started coming to my mind – that not even a single person in the midst tried to call for compassion for the young ladies. I felt that it could have been even better to kill them with a gun than subjecting them to such inhumane killing.”

Ali, who is seeking asylum and has conveyed his security concerns to the U.N. High Commissioner for Refugees, is struggling to meet the basic needs of the family – food, shelter, education and clothing – and he is facing an urgent health concern. For three years he has been living with a bone infection, he said, and the danger of paralysis is rising. Looking worried and frightened, and that without asylum he could lose his family as well as his life.

“I will continue trusting in God’s protection, for blessed are those who are persecuted for His sake,” he said.

Report from Compass Direct News 

A Chinese pastor secretly transferred to a labor camp

A Chinese pastor, currently serving a sentence for ‘illegal activities’ while leading his church, has been transferred to a labor camp in Henan Province, China, reports Michael Ireland, chief correspondent, ASSIST News Service.

ChinaAid says that on June 29, about 3 p.m., Pastor Dou Shaowen was secretly transferred to Shifo Re-education Through Labor Center in Zhengzhou city, Henan province.

The Christian human rights group says authorities still have not informed his family of his transfer. Pastor Dou is currently serving a one-year sentence of re-education through labor for ‘engaging in illegal activities’ because of his leadership of Rock (Panshi) Church.

ChinaAid says: “Pastor Dou was first arrested on June 14 when government officials raided and forcibly abolished and sealed Rock Church’s building, a house church in Zhengzhou city, Henan. Police arrested him, his wife Feng Lu and five other believers. Pastor Dou and Feng Lu received one-year re-education through labor sentences, while the five other believers were each sentenced to 15 days detention and a 500 yuan ($74USD) fine.”

ChinaAid goes on to say that Pastor Dou was held in Jinshui Branch Detention Center of Zhengzhou City until June 25, when at about 6:30 p.m., he was transferred to Baimiao Re-education Through Labor Center located on Wenhua Road, Zhengzhou city.

ChinaAid contacts reported: “He was given inhuman treatment in the re-education through labor center. When he wanted to talk to the police officers, he was forced to squat. He worked 18 hours a day from 6 a.m. to 12 a.m. midnight. Over 70 people sleep in a room. Due to the hot weather and the poor sanitary conditions…some prisoners have eczema, herpes and other skin diseases. They have to work 18 hours a day without enough to eat.”

At about 3 p.m. on June 29, Pastor Dou was transferred to Shifo Re-education through Labor Center where conditions are reported to be worse.

According to a ChinaAid media update, authorities have permitted Pastor Dou’s wife, Feng Lu, to serve her one-year sentence at home, in order to care for their 12-year-old daughter.

The news release says: “When Feng Lu went to see her husband at the Baimiao Re-education Through Labor Center, she was told she was not allowed to visit him for a month, and was not informed he would be transferred to another labor camp. Feng Lu is required to report to the Public Security Bureau regularly, and could be sent to labor camp again if she is found ‘engaging in illegal religious activities’ again.”

ChinaAid explains that Rock Church’s gathering site is still sealed at this time, and authorities have refused to release the computer and other materials that were confiscated in the raid on June 14.

Rock Church recently released a ‘Declaration on June 14 Incident by Rock Church of Zhengzhou’ to the international community and a petition to the Chinese government.

In the declaration, the Christians of Rock Church state, “We hope the government can give us justice, give back our innocence, cancel the penalties of one year of re-education through labor for Dou Shaowen and Feng Lu immediately, protect the normal religious life of the believers, severely punish those people who committed crimes when they are supposed to enforce the law and apologize to all the believers.”

Report from the Christian Telegraph 

Repressive Religion Law and new punishments enter force

Azerbaijan’s repressive new Religion Law slid in under the radar, reports MNN.

Joel Griffith with Slavic Gospel Association says it’s been modified since the last time they saw it. “It appears that this is a little bit worse than what we thought it was going to be. Just looking at parts of this legislation, now in force as of May 31, it seems like there have been some new offenses that have been added to it as well as some new penalties.”

Some of the changes include severe censorship and harsher punishments. These were introduced for religious activities and agencies the government does not like.

Griffith went on to say that all registered religious organizations must re-register by 1 January 2010, the third time re-registration has been demanded in less than twenty years. Earlier re-registration rounds saw many churches and ministries fail to regain their legal status.

He agrees with the assessment of Forum 18, that the wording implies unregistered organizations are illegal.

As it is, under the existing rules, Griffith says they’ve already felt the heat. “We’ve had several evangelical pastors jailed because of their ministry. So it seems, at least within Azerbaijan, that there is an intent to try to crack down on evangelical churches.”

However, there are some unexpected allies. According to Forum 18, Parliamentary Deputy Fazil Gazanfarolgu Mustafaev said, “the new Religion Law will limitpeople’s rights to freedom of conscience – that is clear.”

Gazanfarolgu added that public pressure may force parliamentary deputies to take another look at the Religion Law, given public unhappiness over the way religion is controlled.

Griffith adds that while it looks bad, it’s too early to know how much evangelistic work could be at risk. “How this new law is going to be enforced, only time will tell. As I say, we have seen at least some in Parliament who are wanting to believe that there will be some public pressure brought to bear to have this re-examined, so I think this needs to be our chief hope and prayer.”

Report from the Christian Telegraph