Lambie’s vote key if government wants to have medevac repealed

Michelle Grattan, University of Canberra

The government almost certainly would have to obtain the support of Tasmanian crossbench senator Jacqui Lambie to amend or repeal the medevac legislation.

Home Affairs minister Peter Dutton on Sunday claimed Labor was reconsidering its position on the legislation, but that was quickly dismissed by his opposite number Kristina Keneally.

The Coalition would need four of the six non-Green crossbench Senate votes, assuming the ALP and Greens opposed.

The government could rely on One Nation, which will have two senators, and Cory Bernardi from the Australian Conservatives.

But that would leave it one vote short. Stirling Griff, one of the two Centre Alliance senators, said Centre Alliance was “100% opposed” to repeal or amendment of the legislation. That position was “non-negotiable”, Griff said.

This would put Lambie, who is returning to the Senate after having to quit in the citizenship crisis, as the swing vote. Her spokeswoman said she was not giving answers on anything yet.

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The government said in the election campaign that it would repeal the legislation.

It claimed when the medevac bill was passed – against Coalition opposition during the period of minority government – that it would lead to a flood of transfers from Manus and Nauru, including of people accused of serious crimes. It reopened Christmas Island and said any transferees under the medevac legislation would be sent there.

Dutton said on Sunday just over 30 people had come under the new law, none of whom had been sent to Christmas Island. Asked on the ABC whether they included any criminals or people charged with offences Dutton said he didn’t know. When pressed he said, “we don’t bring anyone to our country where we can’t mitigate the risk”.

Dutton continued to insist the government could be compelled under the legislation to transfer criminals, although the medevac legislation gives the minister power to veto people on security grounds.

The minister claimed Labor was reconsidering its position “and that they would be open to suggestions about how that bill could be repealed or at the very least wound back”.

But Keneally said he had misrepresented Labor’s position; she stressed it supported the legislation.

It was “up to the government to explain if changes are necessary. I have no information that would suggest changes are necessary,” she said.

“If the government believes that the medevac legislation is no longer necessary to ensure that sick people can get the health care they need then the government needs to explain why to the parliament.

“And if the government wants to improve the medevac legislation to ensure that people can more readily get the health care that they need then the government needs to explain that to the parliament.

“The government has said nothing about either of those two aspects of the legislation”.

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Dutton said there were now just over 800 people remaining across Nauru and Manus.

He did not think the United States would take the maximum 1,250 people under the deal between Malcolm Turnbull and Barack Obama.

So far 531 had gone to the US and there were about 295 in the pipeline who had approvals but hadn’t gone yet. More than 300 had been rejected by the US.

He hoped all offered a place would take it up. About 95 had either withdrawn from consideration or rejected an offer. “If we can get those 95 across the line, we get closer to zero”.

In a controversial decision, Australia accepted under the US deal two Rwandan men accused of involvement in the murder of tourists on a gorilla-watching expedition in Uganda in 1999. The government says the men have been found by Australian security agencies not to pose a threat.

Pressed on whether these two were the only ones coming here to fulfil Australia’s side of the deal, Dutton said: “We don’t have plans to bring any others from America at this stage.”

Dutton, while saying it was a matter for the department, also indicated the security company Paladin was likely to have its contract for services on Manus rolled over, despite an ongoing investigation by the Australian National Audit Office into the Home Affairs department’s management of the procurement process for the earlier A$423 million contracts.

Keneally said the A$423 million contract had been “given out by the government in a closed process – a closed rushed process […] to an organisation that was registered in a beach shack on Kangaroo Island, that had one member barred from entering PNG, had another accused of fraud”.

Michelle Grattan, Professorial Fellow, University of Canberra

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

‘Blasphemy Laws’ Used to Jail Elderly Christian in Pakistan

‘Blasphemy Laws’ Used to Jail Elderly Christian in Pakistan

Muslim vying for same piece of land as Christian accuses him of speaking ill of Muhammad.

FAISALABAD, Pakistan, June 29 (CDN) — A Muslim vying with a Christian for a parcel of land here has accused the elderly man of “blaspheming” Islam’s prophet Muhammad, which is punishable by death or life imprisonment, according to the Christian Lawyers’ Foundation (CLF).

Jhumray police on June 19 arrested Rehmat Masih of village No. 165/RB Jandawali in Faisalabad district under Section 295-C of Pakistan’s controversial “blasphemy laws,” and he was sent to Faisalabad District Jail on judicial remand by Magistrate Muhammad Sajawal.

Section 295-C states that “whoever by words, either spoken or written, or by visible representation, or by imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (PBUH) shall be punishable with death, or imprisonment for life, and shall be liable to fine.”

Christian sources said Masih, who suffers from arthritis, is 85 years old, though the First Information Report against him lists his age as 73.

The CLF’s Rai Navid Zafar Bhatti told Compass that hard-line Muslim Muhammad Sajjid Hameed filed the charges after learning that he would not be able to secure the Punjab Province land.

“He used the weapon of last resort, the controversial Blasphemy Laws’ Section 295-C, which preponderantly unbalances the scales of justice,” Bhatti said.

CLF President Khalid Gill said local Christian residents led by Masih had applied to the Punjab government to secure it for construction of a Christian residential area, and Hameed also had applied for the same parcel for commercial projects.

Hameed has testified in court that Masih made derogatory remarks about Muhammad, the prophet of Islam, and Khadija, the first wife of the founder of the religion, Bhatti said.

Gill said Masih has testified that he said nothing “humiliating” about Muhammad or Khadija.

“I am not a blasphemer, nor I can think of such a sinister thing, which is against the teachings of Christ,” Masih testified, according to Gill.

A CLF fact-finding team found that in April the frail Masih had argued with Hameed and several other Muslim hardliners – Shahbaz Khalid, Afzaal Bashir, Muhammad Aamer, Akber Ali and Asghar Ali – about the Virgin Mary, said Gill.

“At that time the elderly Masih, who at present is languishing in Faisalabad District Jail and facing discriminatory behavior and apathy of Muslim inmates and jail wardens, did not know that this altercation with Muslim men would lead to imprisonment for him,” Gill said.

Three of Hameed’s friends who backed him during the argument, 25-year-old Aamer, 45-year-old Akber Ali and 40-year-old Asghar Ali, have testified in support of Hameed’s accusation, according to Bhatti.

The CLF fact-finding team, led by Babu William Rose, a local Faisalabad Christian representative, found that Masih was also accused because he was a politically active member of the Pakistan Muslim League-Quaid-e-Azam party (PML-Q), while Hameed supports the PML-Nawaz Sharif (PML-N).

Representatives of the National Commission for Justice and Peace also asserted that Masih’s political views played a role in Hameed having him jailed under Pakistan’s blasphemy statues, saying that Hameed was using the power of the PML-N, which rules Punjab province, to implicate Masih in the case.

Gill and Azher Kaleem of the CLF sternly condemned the incarceration of Masih and said that the blasphemy laws must be repealed at once as they are widely used to take vengeance in personal or land disputes.

Section 295-A of the blasphemy laws prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment.

Masih is the father of seven adult daughters and four grown sons.

Report from Compass Direct News

Christians in India Faced Three Attacks per Week in 2009

Over 150 assaults reported, many in southern part of country.

NEW DELHI, December 31 (CDN) — After unprecedented large-scale attacks on Christians in the previous two years, 2009 brought hardly any respite as the minority faith faced an average of more than three violent attacks a week.

There were at least 152 attacks on Christians in 2009, according to the “Partial List of Major Incidents of Anti-Christian Violence in India” released by the Evangelical Fellowship of India.

“The trend of attacks on the Christian community by rightwing Hindu groups goes unabated,” said Dr. Dominic Emmanuel, the spokesperson of the Delhi Catholic Archdiocese. “Overall, the Christian community still feels insecure.”

Emmanuel also noted that none of the states that have “anti-conversion” laws have repealed them. The north-central states of Madhya Pradesh and Chhattisgarh, Orissa in the east, Gujarat in the west and Himachal Pradesh in the north have anti-conversion laws, which Hindu hardliners routinely use to arrest Christians on spurious accusations of “forcible conversion.”

“If 2007 and 2008 went down in history as the most blood-soaked ones in the history of modern Christianity in India, 2009 surely rates as the year of frustrating confrontations with the law and tardy governance and on justice for the victims of communal violence,” said Dr. John Dayal, a Christian and human rights activist and member of the government’s National Integration Council.

Dayal referred to violence that erupted in Orissa’s Kandhamal district during the Christmas week in 2007, killing at least four Christians and burning 730 houses and 95 churches. The attacks were carried out to avenge an alleged attack on a Vishwa Hindu Parishad (World Hindu Council or VHP) leader, Swami Laxmanananda Saraswati.

Violence re-erupted in Kandhamal in August 2008 after the assassination of Saraswati by a Maoist group, as rightwing Hindu groups falsely blamed Christians for it. This time, the violence killed more than 100 people and resulted in the incineration of 4,640 houses, 252 churches and 13 educational institutions.

No Longer a Haven

A disturbing new trend emerged this year as southern India, which had long been considered a haven for Christians, recorded the highest incidence of anti-Christian violence. Of the total 152 incidents, 86 were reported from southern states, mainly Karnataka with 48, Andhra Pradesh with 29, Tamil Nadu with five and Kerala with four.

Northern and central states, seen as the stronghold of rightwing Hindu extremists, recorded 42 incidents of violence, half the number in the south.

There were 15 attacks in Madhya Pradesh state, 14 in neighboring Chhattisgarh, three each in Uttar Pradesh and the Himalayan states of Himachal Pradesh and Jammu and Kashmir, and one each in the national capital Delhi and neighboring Haryana state.

In the west, seven attacks were reported: six in Maharashtra and one in Gujarat. In the northeast, four attacks were reported: three in Assam and one in Manipur.

Karnataka recorded the highest number of violent incidents as the first-ever victory of the Hindu nationalist Bharatiya Janata Party (BJP) in the state elections in 2007 emboldened rightwing Hindu extremist groups. Karnataka became the first southern state with a stand-alone BJP government in the history of India.

Anti-Christian violence in Andhra Pradesh rose to new heights after a Christian, Y.S. Rajasekhara Reddy, became the chief minister of the state in May 2004. To target him politically, rightwing Hindu groups attacked Christians while accusing them of converting Hindus to Christianity. This year Reddy died on Sept. 2 in a helicopter crash.

The incidence of Christian persecution in the north and the central states declined apparently due to the BJP’s defeat in the April-May general elections and a growing realization among a section of the BJP leadership that violent incidents no longer please voters. But the hard-line section of the BJP and groups linked to the party, such as the VHP and its youth wing Bajrang Dal, carried on with their hardcore anti-Christian stand.

Impunity in Orissa

Orissa state in the east, which witnessed two massive spates of attacks on Christians in 2007 and 2008, saw only two recorded violent incidents this year.

The morale of Christians in Orissa, however, remained low as few assailants in the 2008 rampage were brought to justice.

“The courts in Kandhamal make a mockery of the judicial process, and the murderers lord it over the witnesses and victims while judges and law look on,” Dayal said. “The church remains helpless, its puny effort at giving strength to the witnesses falling far too short.”

Of 787 cases registered by Orissa police, 100 are being handled by two-fast track courts in Kandhamal. Around 35 cases have been heard, resulting in around 50 convictions and more than 190 acquittals.  Manoj Pradhan, a legislator for the BJP, has been exonerated “for lack of evidence” in six cases, most of them involving murder charges.

Dr. Sajan K. George, national president of the Global Council of Indian Christians, said the growing number of acquittals was producing a culture of impunity, “where those who commit crimes against Christian minority do not fear punishment by law.”

“As the elected representative of the Orissa state assembly [Pradhan] has been let off in murder cases,” George said. “People want to know what has happened to the long arms of justice.”

Dayal, who was in Kandhamal recently, said that of the more than 4,640 houses burned in 2008 violence, only 200 have a roof over the rebuilt walls as 2009 ends.

“And perhaps at the end of the next year, another 2,500, God willing, will have been rebuilt,” he said. “But around 2,000 houses will even then remain unfinished.”

Dayal added that more than 20,000 men, women and children of Kandhamal continue to live as refugees or homeless people in various cities, working at odd jobs and sometimes begging.

“Some girls have already been pushed into the evil of human trafficking,” he said.

Most people in Kandhamal remain without jobs, and the rehabilitation process, in which the church is participating, still is a long distance from covering all victims, Dayal said, adding, “The state government seems to have called it a day with the barest minimum done in this sector.”

Emmanuel of the Delhi Archdiocese said that since the BJP is not in power at the federal level, some of their front organizations such as the Rashtriya Swayamsevak Sangh, the VHP and the Bajrang Dal will harass Christians in order to remain in the news.

“Christianity teaches us to hope in God,” Emmanuel said. “We can only hope that 2010 will be a better year for Christians, but in practical terms it really does not appear that things would be any better as the ranks of rightwing Hindu fundamentalists keep their pressure.”

There are around 24 million Christians in India, or roughly 2.3 percent of the over 1.1 billion people.

Report from Compass Direct News 

PAKISTAN: ISLAMIC RADICALS STORM ‘BLASPHEMY’ HEARING

Christian couple on trial; member of prosecution team threatens to kill wife.

ISTANBUL, May 29 (Compass Direct News) – Radical Pakistani Muslims in a town outside of Lahore this month overran a courtroom in hopes of swaying a judge in a “blasphemy” case against a Christian couple, and a member of the prosecution later threatened to kill the wife.

Some 50 molvis (Muslim clergy) on May 14 burst into the courtroom in Mustafabad, where a bail hearing was taking place in the case against Munir Masih and his wife Ruqiya Bibi, according to the Centre for Legal Aid Assistance and Settlement (CLAAS).

“Nobody could stop them as they rushed into the court,” said CLAAS’s Tahir Gull, sole representative for the accused. “They said, ‘No non-Muslim has the right to keep a Quran in his house, they have done this so they are liable to be punished.’”

Masih and Bibi, both in their 30s, were originally accused under section 295-B of Pakistan’s penal code with defiling the Quran by touching it with unwashed hands on Dec. 8 of last year. Masih was taken to prison and remained there until Jan. 22, when a Muslim neighbor who had asked him to store some of his possessions, including his Quran, testified on his behalf and the case was dropped.

The complainant, Mohammad Nawaz, subsequently filed another accusation on Feb. 12, this time under 295-C, blasphemy against Muhammad, Islam’s prophet. This charge carries a death sentence, whereas defiling the Quran calls for life imprisonment.

Despite pressure from the crowd of clerics, Judge Shafqat Ali – also a molvi – granted the couple bail. Following the hearing, however, a member of the prosecution team approached Bibi outside the courtroom and threatened to kill her.

“Ruqiya was waiting outside the court,” said Gull, “and one man came and said, ‘Whatever the decision, we will kill you.’”

A prosecution lawyer read portions of the Quran while presenting his case, he added.

“He was not explaining the law in which the accused were charged,” said Gull. “He was trying to influence the court religiously.”

Charges of blasphemy are common in Pakistan and particularly incendiary, often leading to strong shows of religious zeal. It is not uncommon for sections 295-B and 295-C of the Pakistani penal code to be invoked in retaliation for personal grievances.

“It is very easy to grab any person for religious reasons,” said Parvez Choudhry, chairman of Legal Aid for the Destitute and Settlement, who specialize in blasphemy cases. “There are many personal cases involving property, or money, or business that motivate the complainant against the accused person. All the cases are falsely charged.”

Pakistan’s blasphemy laws have come under heavy fire from international rights groups. Any private citizen can file blasphemy charges, destroying reputation and livelihood. The charge can possibly lead to the death penalty in the conservative Islamic country.

Masih, who before his initial arrest had been a day laborer, is no longer able to find work due to the stigma of the blasphemy accusation.

“There is a need to repeal these sections [295-B and 295-C],” said Choudhry. “This is considered a draconian law.”

Section 295-C carries a death sentence for anyone found “by words or visible representation or by an imputation or insinuation, directly or indirectly, [to have] defiled the name of the Muhammad of Islam.”

Choudhry suggested that just correcting the vagueness of this definition would go a long way toward reducing its frequent misuse.

“The word ‘indirect’ should be repealed – this is wrong, unconstitutional,” he said. “They have no value in the Evidence Act of Pakistan. The Evidence Act states that there needs to be direct evidence for a conviction.”

The next court date has not yet been assigned, but Gull said he is confident about securing an acquittal.

“We have a good case on our side,” he told Compass. “I am very optimistic.”

Report from Compass Direct News