Prospects Dim for Religious Freedom in Nepal

Right to share faith could harm Nepal’s Hindu identity, lawmakers believe.

KATHMANDU, Nepal, March 29 (CDN) — A new constitution that Nepal’s parliament is scheduled to put into effect before May 28 may not include the right to propagate one’s faith.

The draft constitution, aimed at completing the country’s transition from a Hindu monarchy to a secular democracy, contains provisions in its “religious freedom” section that prohibit anyone from converting others from one religion to another.

Most political leaders in the Himalayan country seemed unaware of how this prohibition would curb religious freedom.

“Nepal will be a secular state – there is no other way,” said Sushil Koirala, president of the Nepali Congress, Nepal’s “Grand Old Party,” but he added that he was not aware of the proposal to restrict the right to evangelism.

“Forcible conversions cannot be allowed, but the members of the Constituent Assembly [acting parliament] should be made aware of [the evangelism ban’s] implications,” Koirala, a veteran and one of the most influential politicians of the country, told Compass.

Gagan Thapa, another leader of the Nepali Congress, admitted that banning all evangelistic activities could lead to undue restrictions.

“Perhaps, the words, ‘force, inducement and coercion’ should be inserted to prevent only unlawful conversions,” he told Compass.

Man Bahadur Bishwakarma, also from the Nepali Congress, said that of all the faith communities in Nepal, Christians were most active in converting others, sometimes unethically.

“There are problems in Hinduism, such as the caste hierarchy, but that doesn’t mean you should convert out of it,” he said. “I believe in reforming one’s religion.”

Asked if the restriction on converting others violated the International Covenant on Civil and Political Rights (ICCPR), Akal Bahadur of the Unified Communist Party of Nepal (Maoist) said, “It may, but there was a general consensus on it [the prohibition]. Besides, it is still a draft, not the final constitution.”

Nepal signed the ICCPR on May 14, 1991. Article 18 of the ICCPR includes the right to manifest one’s religion, which U.N. officials have interpreted as the right to evangelistic and missionary activities.

Akal Bahadur and Thapa are members of the Committee on Fundamental Rights and Directive Principles, which was tasked to propose the scope of religious freedom and other rights in the draft constitution. This committee, one of 11 thematic panels, last year submitted a preliminary draft to the Assembly suggesting that a person should be allowed to decide whether to convert from one religion to another, but that no one should convert anyone else.

Binda Pandey, chairperson of the fundamental rights committee and member of the Communist Party of Nepal (Unified Marxist Leninist), told Compass that it was now up to the Assembly to decide whether this provision violates religious freedom.

The Constitution Committee is condensing the preliminary drafts by all the committees as one draft constitution. At least 288 contentious issues arose out of the 11 committees, and the Constitution Committee has resolved 175 of them, Raju Shakya of the Kathmandu-based Centre for Constitutional Dialogue (CCD) told Compass.

The “religious freedom” provision with its ban on evangelism did not raise an eyebrow, however, as it is among the issues listed under the “Area of Agreement” on the CCD Web site.

Once compiled, the draft constitution will be subject to a public consultation, after which another draft will be prepared for discussion of clauses in the Constitutional Assembly; provisions will be implemented on a two-thirds majority, Shakya said.

 

Hindu Identity

Thapa of the fundamental rights committee indicated that religious conversion could become a contentious issue if the proposed restriction is removed. Even the notion of a secular state is not wholly accepted in the country.

“If you hold a referendum on whether Nepal should become a secular state, the majority will vote against it,” Thapa said.

Most Hindus see their religion as an essential part of the country’s identity that they want to preserve, he added.

Dr. K.B. Rokaya, the only Christian member of Nepal’s National Commission for Human Rights, said Nepal’s former kings created and imposed a Hindu identity for around 240 years because it suited them; under the Hindu ethos, a king should be revered as a god. Most of the numerous Hindu temples of Nepal were built under the patronage of the kings.

Rokaya added that Christians needed to be more politically active. The Assembly does not have even one Christian member.

According to the 2001 census, over 80 percent of Nepal’s 30 million people are Hindu. Christians are officially .5 percent, but their actual number is believed to be much higher.

Nepal was the world’s only Hindu kingdom until 2006, when a people’s movement led by former Maoist guerrillas and supported by political parties, including the Nepali Congress and the Unified Marxist Leninist, ousted King Gyanendra.

An interim constitution was enacted in 2007, and the Constituent Assembly was elected through Nepal’s first fully democratic election a year later. The Assembly was supposed to promulgate a new constitution by May 28, 2010, but its term was extended by one year.

It is still uncertain, however, whether the approaching deadline will be met due to persistent disagreements among parties. The Maoist party has 220 members, the Nepali Congress 110, and the Unified Marxist Leninist 103 in the 575-member Assembly.

Rokaya, a member of the newly formed United Christians Alliance of Nepal, comprising a majority of Christian denominations, said Christians would continue to ask for full religious freedom. The use of inducement or force for conversions is deplorable, but the right to preach the tenets of one’s religion is a fundamental freedom, he added.

Report from Compass Direct News
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PAKISTAN: CHRISTIANS BRACE FOR SHARIA IN SWAT VALLEY

Accepting Islamic law in exchange for peace leaves many uncertain, fearful.

ISTANBUL, March 27 (Compass Direct News) – Just over a month since Pakistan’s fertile Swat Valley turned into a Taliban stronghold where sharia (Islamic law) rules, the fate of the remaining Christians in the area is uncertain.

Last month, in an effort to end a bloody two-year battle, the Islamabad administration struck a deal with Taliban forces surrendering all governance of Swat Valley in the North West Frontier Province (NWFP). Sources told Compass that after the violence that has killed and displaced hundreds, an estimated 500 Christians remain in the area. Traditionally these have been low-skilled workers, but younger, more educated Christians work as nurses, teachers and in various other professions.

The sole Church of Pakistan congregation in Swat, consisting of 40 families, has been renting space for nearly 100 years. The government has never given them permission to buy land in order to build a church building.

An associate pastor of the church in central Swat told Yousaf Benjamin of the National Commission for Justice and Peace that with the bombing of girls schools at the end of last year, all Christian families migrated to nearby districts. After the peace deal and with guarded hope for normalcy and continued education for their children, most of the families have returned to their homes but are reluctant to attend church.

The associate pastor, who requested anonymity, today told sources that “people don’t come to the church as they used to come before.” He said that although the Taliban has made promises of peace, the Christian community has yet to believe the Muslim extremists will hold to them.

“The people don’t rely on Taliban assurances,” said Benjamin.

Last week the associate pastor met with the third in command of the main Taliban militant umbrella group in Pakistan, Tehrik-i-Taliban Pakistan, Kari Abdullah, and requested land in order to build a church. Abdullah reportedly agreed, saying that Islam is a religion of peace and equality, and that his group intended to provide equal opportunities to the religious communities of Swat.

The Catholic Church in Swat is located in a school compound that was bombed late last year. Run by nuns and operated under the Catholic Church Peshawar Diocese, the church has been closed for the last two years since insurgents have been fighting government led forces, source said.

Parliamentarian Shahbaz Bhatti said Christians and the few Hindus in Swat valley have lived under terror and harassment by the Taliban since insurgents began efforts to seize control of the region. He met with a delegation of Christians from Swat last month who said they were concerned about their future, but Bhatti said only time will tell how the changes will affect Christians.

“The Christian delegation told me that they favor the peace pact if indeed it can bring peace, stability and security to the people living there,” he said. “But they also shared their concern that if there is enforcement of sharia, what will be their future? But we will see how it will be implemented.”

Although there have been no direct threats against Christians since the establishment of the peace accord, some advocates fear that it may only be a matter of time.

“These days, there are no reports of persecution in Swat,” Lahore-based reporter Felix Qaiser of Asia News told Compass by phone, noting the previous two years of threatening letters, kidnappings and aggression against Christians by Islamic extremists. “But even though since the implementation of sharia there have been no such reports, we are expecting them. We’re expecting this because other faiths won’t be tolerated.”

Qaiser also expressed concern about the treatment of women.

“They won’t be allowed to move freely and without veils,” he said. “And we’re very much concerned about their education there.”

In the past year, more than 200 girls schools in Swat were reported to have been burned down or bombed by Islamic extremists.

Remaining girls schools were closed down in January but have been re-opened since the peace agreement in mid-February. Girls under the age of 13 are allowed to attend.

Since the deal was struck, seven new sharia judges have been installed, and earlier this month lawyers were trained in the nuances of Islamic law. Those not trained are not permitted to exercise their profession. As of this week, Non-Governmental Organizations are no longer permitted in the area and vaccinations have been banned.

“These are the first fruits of Islamic law, and we’re expecting worse things – Islamic punishment such as cutting off hands, because no one can dictate to them,” Qaiser said. Everything is according to their will and their own interpretation of Islamic law.”

 

Launch Point for Taliban

Analysts and sources on the ground have expressed skepticism in the peace deal brokered by pro-Taliban religious leader Maulana Sufi Muhammad, who is also the leader of Tehrik-e-Nifaz-e-Shariat-e-Mohammadi. The insurgent, who has long fought for implementation of sharia in the region, has also fought alongside the Taliban against U.S. troops in Afghanistan.

He was imprisoned and released under a peace deal in April 2008 in an effort to restore normalcy in the Swat Valley. Taliban militants in the Swat area are under the leadership of his son-in-law, Maulana Fazlullah.

The agreement to implement sharia triggered alarm around the world that militants will be emboldened in the northwest of Pakistan, a hotbed for Taliban and Al-Qaeda extremists fighting Western forces in Afghanistan and bent on overthrowing its government.

Joe Grieboski of the Institute on Religion and Public Policy said the peace deal makes Talibanization guaranteed by law, rendering it impossible to return to a liberal democracy or any guarantee of fundamental rights.

“The government in essence ceded the region to the Taliban,” said Grieboski. “Clerical rule over the region will fulfill the desires of the extremists, and we’ll see the region become a copy of what Afghanistan looked like under Taliban rule.”

This can only mean, he added, that the Taliban will have more power to promulgate their ideology and power even as the Pakistani administration continues to weaken.

“Unfortunately, this also creates a safe launching off point for Taliban forces to advance politically, militarily and ideologically into other areas of the country,” said Grieboski. “The peace deal further demonstrates the impotence of [Asif Ali] Zardari as president.”

Grieboski said the peace deal further demonstrates that Pakistani elites – and President Zardari in particular – are less concerned about fundamental rights, freedom and democracy than about establishing a false sense of security in the country.

“This peace deal will not last, as the extremists will demand more and more, and Zardari and the government have placed themselves in a weakened position and will once again have to give in,” said Grieboski.

Sohail Johnson, chief coordinator of advocacy group Sharing Life Ministry Pakistan, said he fears that militants in Swat will now be able to freely create training centers and continue to attack the rest of Pakistan.

“They will become stronger, and this will be the greatest threat for Christians living in Pakistan,” said Johnson.

Thus far the government has not completely bowed to Taliban demands for establishment of full sharia courts, and it is feared that the insurgents may re-launch violent attacks on civilians until they have full judicial control.

“The question of the mode of implementation has not yet been decided, because the Taliban want their own qazis [sharia judges] and that the government appointed ones should quit,” said lawyer Khalid Mahmood, who practices in the NWFP.

Mahmood called the judiciary system in Swat “collapsed” and echoed the fear that violence would spread in the rest of the country.

“They will certainly attack on the neighboring districts,” he said.

Earlier today, close to the Swat Valley in Khyber, a suicide bomber demolished a mosque in Jamrud, killing at least 48 people and injuring more than 150 others during Friday prayers. Pakistani security officials reportedly said they suspected the attack was retaliation for attempts to get NATO supplies into Afghanistan to use against Taliban fighters and other Islamist militants.

Report from Compass Direct News

TURKEY: ‘INSULTING TURKISHNESS’ CASE PROCEEDS UNDER REVISED LAW

Ministry of Justice decision suggests spreading Christianity may be unlawful in Turkey.

ISTANBUL, March 20 (Compass Direct News) – Turkey’s decision last month to try two Christians under a revised version of a controversial law for “insulting Turkishness” because they spoke about their faith came as a blow to the country’s record of freedom of speech and religion.

A Silivri court on Feb. 24 received the go-ahead from the Ministry of Justice to try Christians Turan Topal and Hakan Tastan under the revised Article 301 – a law that has sparked outrage among proponents of free speech as journalists, writers, activists and lawyers have been tried under it. The court had sent the case to the Ministry of Justice after the government on May 8, 2008 put into effect a series of changes – which critics have called “cosmetic” – to the law.

The justice ministry decision came as a surprise to Topal and Tastan and their lawyer, as missionary activities are not illegal in Turkey. Defense lawyer Haydar Polat said no concrete evidence of insulting Turkey or Islam has emerged since the case first opened two years ago.

“The trial will continue from where it left off – to be honest, we thought they wouldn’t give permission [for the case to continue],” said Polat, “because there was no persuasive evidence of ‘degrading Turkishness and Islam’ in the case file.”

A Ministry of Justice statement claimed that approval to try the case came in response to the original statement by three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms, and Polat said Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” said Polat. “In Turkey, constitutionally speaking it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer contended that prosecuting lawyers have given political dimensions to the case by rendering baseless accusations in a nationalistic light.

“From their point of view, missionary activity carried out by missionaries of imperialistic countries is harmful for Turkish culture and the country overall,” Polat said.

Tastan said that although he has always been confident that he and Topal will be acquitted, the decision of the Ministry of Justice to try them under Article 301 left him deeply disappointed in his own country.

“After this last hearing, I realized that I didn’t feel as comfortable as I had been in the past,” Tastan told Compass. “I believed that surely the Ministry of Justice would never make the decision they did.”

Tastan said he was uneasy that his country would deem his Christian faith as insulting to the very Turkishness in which he takes pride.

“This is the source of my uneasiness: I love this country so much, this country’s people, that as a loving Turk who is a Christian to be tried for insulting Turkey has really cut me up,” said Tastan. “Because I love this nation, I’ve never said anything against it. That I’m a Christian, yes, I say that and I will continue to do so. But I think they are trying to paint the image that we insult, dislike and hate Turks. This really makes me sad and heartsick.”

If nothing else, Tastan said, the trial has provided an opportunity for Turkish Christians to show God’s love and also make themselves known to their compatriots. He called the ministerial decision duplicitous.

“A government that talks the European Union talk, claims to respect freedom, democracy, and accept everyone, yet rejects me even though I’m a Turkish citizen who is officially a Christian on his ID card, has made me sad,” he said. “That’s why I’m disappointed.”

 

No-Shows

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which last week acquired official association status and is now called “The Society for Propagating Knowledge of the Bible.” In the last court hearing, prosecutors demanded that further inquiries be conducted into the nature of the association since the defendants used their contact lists to reach people interested in Christianity.

“Because they think like this, they believe that the Bible center is an important unit to the missionary activities,” said Polat. “And they allege that those working at this center are also guilty.”

The court has yet to decide whether police can investigate the Christian association.

Polat and the defendants said they believe that as no evidence has been presented, the case should come to a conclusion at the next hearing on May 28.

“From a legal standpoint, we hope that they will acquit us, that it will be obvious that there is no proof,” said Tastan. “There have only been allegations … none of the witnesses have accused us in court. I’m not a legal expert, but I believe that if there is no proof and no evidence of ‘insulting,’ then we should be set free.”

The initial charges prepared by the Silivri state prosecutor against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that Christian missionaries were trying to form illegal groups in local schools and insulting Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six gendarme soldiers to testify as prosecution witnesses, none have stepped forward to do so. At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

“We believe the case has arrived to a concluding stage, because all evidence has been collected and the witnesses have been heard,” Polat said. “We believe the accused will be dismissed. The inverse would surprise us.”

Polat underlined that while the case shows that human rights violations in Turkey are still a “serious problem,” it is also true that Turkey’s desire to join the European Union has brought sincere efforts to improve democratic processes. He attested, however, that establishing a true democracy can be a long process that requires sacrifices.

“It is my conviction that there is no other way for people to believe in and establish democracy than through struggle,” he said.

Tastan added that he sees hope that the notion that being “Turkish” means being Muslim is breaking. Due to exposure to media coverage of the murder trial of the April 18, 2007 slaughter of three Christians in Malatya, he said, Turks are becoming aware that there are fellow citizens who are Christians and are even dying for their Lord.

“This makes me happy, because it means freedom for the Turkish Christians that come after us,” said Tastan. “At least they won’t experience these injustices. I believe we will accomplish this.”

For the time being, though, the Ministry of Justice’s decision that Tastan and Topal can be tried under the revised Article 301 law appears to contribute to the belief that to promulgate a non-Islamic faith in Turkey is tantamount to treason. As Turkish online human rights magazine Bianet headlined its coverage of the decision, “Ministerial Edict: You Can Be a Christian But Do Not Tell Anyone!”  

Report from Compass Direct News