Treasury revises JobKeeper’s cost down by massive $60 billion, sparking calls to widen eligibility

Michelle Grattan, University of Canberra

The federal treasury has revised down by a massive $60 billion the estimated cost of the JobKeeper wage subsidy program, from an original $130 billion to $70 billion.

Treasury revealed its huge recalculation in a joint statement with the Australian Taxation Office, which also revealed there had been a large reporting error in estimates of the number of employees likely to access the program.

The costings revision, while highly embarrassing for treasury, is extremely good news for the government, which had committed around $200 billion to support measures to get the country through the pandemic.

Treasurer Josh Frydenberg said: “It is welcome news that the impact on the public purse from the program will not be as great as initially estimated”.

The government will be able to use money saved to reduce projected deficit and/or for other spending.

The news of the revision immediately prompted calls for JobKeeper to be widened to include workers, especially many casuals, who are not covered under its present rules.

But Frydenberg told the ABC: “We’re not making wholesale changes to the JobKeeper program. We’ll have a review, as we’ve always stated, mid-way through the program, and we’ll wait for the results of that review if there are to be any changes.”

When JobKeeper was developed, Treasury anticipated about 6.5 million employees would access the program, which provides a flat $1500 a fortnight for workers who remain connected to their employer. The assistance is available to employees of businesses which have had at least 30% fall in their turnover, or 50% in the case of big businesses.

Writing in The Conversation in late April, Melbourne University economists Roger Wilkins and Jeff Borland pointed to a disparity between the dive of 2.6 million full time jobs expected by Reserve Bank Governor Philip Lowe and the 6.6 million jobs the Treasury was preparing to fund under JobKeeper.

“What is surprising is the size of gap between the predicted number of payments and the predicted number of jobs at risk,” they wrote.

Treasury now expects only some 3.5 million workers to need JobKeeper.

While the Treasury revision of the scheme’s likely cost is driven by the fact circumstances have not born out its original assumptions, a reporting error by many businesses masked what was actually happening, so treasury’s numbers for a time appeared correct.

At a Senate committee hearing on Thursday Treasury was still talking about the program covering more than six million employees.

Explaining the wrong forecast, Friday’s statement said the original cost estimate was made when COVID-19 cases were “growing significantly” in Australia and restrictions were being tightened here and abroad.

“The difference between Treasury’s estimates at the time and the number of employees now accessing the JobKeeper program partly reflects the level and impact of health restrictions not having been as severe as expected and their imposition not having been maintained for as long as expected at the time.

“This has been reflected in some improvement to the outlook for the economy since the original estimate was developed,” the statement said.

“The variation in estimates also reflects the inherent uncertainty associated with estimating the take up of a demand driven program in the current circumstances.”

The enrolment forms completed by 910,055 businesses had indicated the program would cover about 6.5 million eligible employees – in line with treasury’s thinking.

But the ATO has now found about 1,000 of these businesses had made big mistakes in estimating eligible workers.

“The most common error was that instead of reporting the number of employees they expected to be eligible, they reported the amount of assistance they expected to receive.

“For example, over 500 businesses with ‘1’ eligible employee reported a figure of ‘1,500’ (which is the amount of JobKeeper payment they would expect to receive for each fortnight for that employee).”

The reporting error does not affect the payments already made to businesses.

This is because those payments are linked to a later declaration from a business in relation to every eligible worker.

“This declaration does not involve estimates and requires an employer to provide the tax file number for each eligible employee.”

The information where the reporting error occurred was just collected to obtain an early indication of how many employees were likely to go onto JobKeeper.

The mistakes were detected when the Tax Office investigated the large gap between the expected number who would go onto JobKeeper and the much smaller number actually accessing it.

By May 20, 910,055 businesses had enrolled in the program, with 759,654 making claims for eligible employees; $8.7 billion had been paid to those businesses, covering about 2.9 million employees.

Anthony Albanese said: “This is a mistake you could have seen from space. This is a government that couldn’t run a bath, let alone be good economic managers.”

Calls for the scheme to be revamped came from both the employer and employee sides.

The Australian Industry Group said the government should address the program’s anomalies and alter “rules which leave many employees without support and mean that many employers are facing unfair competition.

“With the estimated budgetary costs reduced by $60 billion there is considerable scope for refinements to the program,” the Ai Group said.

It urged the inclusion of low-margin businesses which had not had a 30% reduction in turnover but were “under greater stress than higher-margin businesses that do qualify for Jobkeeper”.

The ACTU tweeted “We have millions of workers who were left out of #JobKeeper on the premise that there wasn’t enough money. Now we know that it’s been underspent by $60 billion. There is no excuse – @JoshFrydenberg can fix this with a stroke of his pen. Expand JobKeeper now.”

The Transport Workers’ Union said the government should immediately pay the thousands of airport workers shut out of the scheme.

The Greens said the revision meant the government had “no excuse to return the Jobseeker payment to $40 a day at the end of September”.

Treasury still expects unemployment to reach 10% and says it would have reached 15% without JobKeeper.

Michelle Grattan, Professorial Fellow, University of Canberra

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

Conviction of Legislator in India Falls Short of Expectations

In murder of Christian, Hindu nationalist sentenced to seven years for causing ‘grievous hurt.’

NEW DELHI, July 2 (CDN) — Christians in Orissa state had mixed feelings about the sentencing on Tuesday (June 29) of state legislator Manoj Pradhan to seven years in prison for causing grievous hurt and rioting – but not for murder.

“Pradhan is not convicted of murder, but offenses of voluntarily causing grievous hurt by dangerous weapons and rioting were upheld,” attorney Bibhu Dutta Das told Compass. “Pradhan will be debarred from attending the Orissa Legislative Assembly unless the order of conviction is stayed by the Orissa High Court, or if special permission is granted by the court allowing him to attend.”

Kanaka Rekha Nayak, widow of murdered Christian Parikhita Nayak, acknowledged that the verdict on Pradhan and fellow Hindu nationalist Prafulla Mallick in the August-September 2008 violence against Christians did not meet her expectations. She said she was happy that Pradhan was finally behind bars, but that she “expected the court to at least pronounce life imprisonment on Pradhan and Mallick for the gruesome act that they committed.”

Das said he will try to increase the sentence.

“Pradhan spearheaded the riots and has several criminal charges against him – he cannot be let off with a simple punishment,” Das said. “We will be filing a criminal revision in the Orissa High Court for enhancing the period to life imprisonment.”

The day after Pradhan was sentenced, two Hindu nationalists were reportedly convicted of “culpable homicide not amounting to murder” in the burning death of a paralyzed Christian during the 2008 attacks on Christians in Orissa state’s Kandhamal district and sentenced to only six years of prison.

UCAN agency reported that Sushanta Sahu and Tukuna Sahu were convicted and sentenced on Wednesday (June 30) in the death of Rasananda Pradhan, a paralytic burned alive when Hindu extremists set his house on fire on Aug. 24, 2008. Church leaders criticized the lenient sentences.

Manoj Pradhan has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in this one, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats kept witnesses from testifying, the testimony of Nayak’s daughter, 6-year-old Lipsa Nayak, helped seal Pradhan’s conviction.

His widow, Rekha Nayak, told Compass that due to the severe threats on her life that she has received, she and her two daughters were forced to flee the area and go into hiding.

There were around 1,500 Hindu supporters present for this week’s verdict, a source in the courtroom told Compass on condition of anonymity.

“We had to leave the place before the judgment was pronounced and could not enter that area for three or four days after the verdict,” said the source, adding that prosecuting lawyers and human rights activists received the main threats.

Along with the seven years of prison, the Phulbani Court sentenced the Hindu nationalist Bharatiya Janata Party (BJP) member of the Legislative Assembly of Orissa from G. Udayagiri, Kandhamal to a fine a little more than US$100, as it did for Mallick. The verdict came from Fast Track Sessions Court I Judge Sobhan Kumar Das in the Aug. 27, 2008 murder of 31-year-old Parikhita Nayak, a Dalit Christian from Tiangia, Budedipada, in Raikia block of Kandhamal district.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

“I have the highest regard for the judiciary,” Pradhan told Press Trust of India after this week’s verdict. “We will appeal against the verdict in the higher court.”

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass that the judgment was “a good boost to the Christian community.”

“When the trials were on, the Nayak family faced terrible times,” Parichha added. “Pradhan and his associates threatened Kanaka Rekha, the widow of the deceased, right inside the courtroom of dire consequences if they testified about them.”

Archbishop Raphael Cheenath of the Cuttack-Bhubaneswar diocese issued a statement saying that the verdict had boosted confidence in the judiciary that criminals will be punished.

“People have been waiting for good judgment, and we have confidence in the judiciary that criminals will be punished,” Cheenath said, adding that the sentence will show criminals that the law will not spare any one. “One day or other, they will be punished.”

The Rev. Richard Howell, general secretary of the Evangelical Fellowship of India, told Compass that the verdict offered some hope.

“The fact that something has happened gives us some hope that more convictions would take place in the trials to come,” he said.

Calling the conviction “justice that was long overdue,” Howell said that not much can be expected from Fast Track Courts as no security is provided to witnesses.

 

Girl’s Testimony

During the 2008 anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa Nayak’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and then 2-year-old sister, Amisha Nayak, watched in horror as the crowd allegedly beat her father for two hours and then killed him by cutting him into pieces and burning him.

Rekha Nayak filed a complaint and a case was registered against Pradhan, Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district. He had campaigned inside jail.

On March 14, Rekha Nayak and her daughter Lipsa testified in court in spite of the threats. Rekha Nayak reportedly testified that when the Hindu mob demanded that her husband renounce Christianity or face death, he kept quiet, which led to his death.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan.

So far he has been exonerated of murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of the Legislative Assembly.

The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Trials are being held for 38 cases in which 154 people have been convicted and more than twice that many have been acquitted, as high as 621 by one count. Victims filed 3,232 complaints in the various police stations of Kandhamal district. Of these, police registered cases in only 832 instances.

“Nearly 12,000 people are accused in the riot case – 11,803 are out on bail,” said attorney Das.

Report from Compass Direct News

Trial over ‘Insulting Turkishness’ Again Yields No Evidence

Justice Minister says Article 301 defendants ‘presumed innocent’ until verdict.

ISTANBUL, May 28 (CDN) — The 11th hearing of a case of alleged slander against two Turkish Christians closed just minutes after it opened this week, due to lack of any progress.

Prosecutors produced no new evidence against Hakan Tastan and Turan Topal since the last court session four months ago. Despite lack of any tangible reason to continue the stalled case, their lawyer said, the Silivri Criminal Court set still another hearing to be held on Oct. 14.

“They are uselessly dragging this out,” defense lawyer Haydar Polat said moments after Judge Hayrettin Sevim closed the Tuesday (May 25) hearing.

Court-ordered attempts to locate and produce testimonies from two witnesses summoned three times now by the prosecution had again proved fruitless, the judge noted in Tuesday’s court record.

Murat Inan, the only lawyer who appeared this time on behalf of the prosecution team, arrived late at the courtroom, after the hearing had already begun.

The two Protestant Christians were accused in October 2006 of slandering the Turkish nation and Islam under Article 301 of the Turkish criminal code.

The prosecution has yet to provide any concrete evidence of the charges, which allegedly took place while the two men were involved in evangelistic activities in the town of Silivri, an hour’s drive west of Istanbul.

Both Tastan, 41, and Topal, 50, became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention for the past two years, ever since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals,
politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Two weeks ago, Turkish Justice Minister Sadullah Ergin commented before the United Nations Human Rights Council on the controversial May 2008 amendments to Article 301, under which Tastan and Topal are being tried.

Ergin insisted that the revised Article 301 had provided “a two-fold assurance” for freedom of expression in Turkey. The most significant revision required all Article 301 cases to obtain formal permission from the justice minister before being prosecuted.

This week Ergin released Justice Ministry statistics, noting that out of 1,252 cases filed under Article 301 during the past three years, only 83 were approved for prosecution.

Stressing the principle of “presumption of innocence,” Ergin went on to criticize the Turkish media for presenting Article 301 defendants as guilty when they were charged, before courts had heard their cases or issued verdicts.  

But for Tastan and Topal, who by the next hearing will have been in trial for four years, Ergin’s comments were little comfort.

“At this point, we are tired of this,” Tastan admitted. “If they can’t find these so-called witnesses, then the court needs to issue a verdict. After four years, it has become a joke!”

Topal added that without any hard evidence, “the prosecution must produce a witness, someone who knows us. I cannot understand why the court keeps asking these witnesses to come and testify, when they don’t even know us, they have never met us or talked with us!”

Both men would like to see the trial concluded by the end of the year.

“From the beginning, the charges against us have been filled with contradictions,” Topal said. “But we are entirely innocent of all these charges, so of course we expect a complete acquittal.”

Report from Compass Direct News

Church of England moves towards ordaining women

Over the weekend, the Church of England introduced draft legislation putting the country’s Anglican communion on the fast track to allowing women’s ordination, reports Catholic News Agency.

On Saturday, May 8, the Church of England’s revision committee published a 142-page review in favor of draft proposals that support women being consecrated as bishops and priests.

According to Reuters, the church’s revision committee also proposed safeguards for more traditional parishes who have expressed opposition to ordaining women, including the right to request that a male bishop perform blessings and ordinations. However, the committee proposals did not meet the requests by these parishes for new dioceses or a special class of bishops.

“After much discussion the Committee rejected proposals aimed at fundamentally changing the approach of the legislation for those unable to receive the ministry of female bishops,” wrote Church of England officials in a statement Monday.

The draft proposals will now go forward for debate at the Church’s General Synod, in July in York, Northern England. If passed, the Church of England will hold the same position on female ordination as the Anglican Communion in the United States and New Zealand.

Monday’s statement also clarified that the “earliest that the legislation could achieve final approval in Synod (when two-thirds majorities in each of the Houses of Bishops, Clergy and Laity will be required) is 2012, following which parliamentary approval and the Royal Assent would be needed.”

The statement added that “2014 remains the earliest realistic date when the first women might be consecrated as bishops.”

This move is likely to increase interest among traditionalist Anglicans in the Pope’s recent invitation for Church of England members to become Catholic. Last November, the Holy Father released “Anglicanorum coetibus,” a motu propio which offered Vatican guidelines for Anglican groups to enter into communion with the Catholic Church.

The Sunday Telegraph in Britain reported on May 2 that several Anglican bishops recently met with Vatican officials to discuss the process of converting to Catholicism.

Despite the Archbishop of Canterbury Rowan Williams reportedly urging them not to leave the Church of England, several bishops are looking to break from the Anglican Communion over their opposition to the introduction of women bishops and priests.

According to the British paper, Bishops John Broadhurst, Keith Newton and Andrew Burnham, from the Dioceses of Fulham, Richborough and Ebbsfleet respectively, all met with senior Vatican officials last week.

Report from the Christian Telegraph 

Young Christian Woman Allegedly Abducted in Pakistan

Muslims said to employ various ruses; forced conversion, marriage feared.

LAHORE, Pakistan, April 13 (CDN) — A Muslim tricked a 19-year-old Christian woman into leaving her house here on April 1, and he and a car full of friends took her away, according to her family.

Sonia Mohan’s family said they fear the Muslim, Ali Raza, will force her to convert to Islam and marry him. Raza came to their home in Lahore’s Nishtar Colony claiming that her brother, Johnson Parvaiz, wanted to see her outside, Parvaiz said.

“Sonia would not have gone with them if he hadn’t told her that I wanted to see her,” Parvaiz said. “Ali Raza came to our home and told Sonia that I had asked for her, and she went out of the house with him. They had parked a vehicle outside and left, and afterwards we never heard from her.”

He said his sister’s cell phone remained off for two days. When it began to ring again they called repeatedly, and finally a man answered the phone and then handed it to Mohan. Parvaiz said she told him not to call her, that she was very happy and that they should not try to find her.

“It was obvious from her voice that she had been forced to say that,” Parvaiz said. “I fear that she will first be converted to Islam, and then married, and then it will become impossible for us to see her again.”

Initially police were unwilling to register the family’s complaint, he said. Only after the family enlisted the help of the All Pakistan Minorities Alliance (APMA) did police begin searching for Raza and Mohan.

Parvaiz added that Raza and his friends had previously told her to convert to Islam, saying that because she was beautiful she did not deserve to live as a lowly Christian. Raza and Mohan had no prior contact except that Raza had harassed his sister that one time, he said; her family complained to his parents, who live in the area.

Parvaiz added that Raza worked in a factory called Combined Fabrics, where he had a reputation of harassing Christian women. Since the alleged abduction he has been missing from work.

Nishtar Colony Station House Officer Munawar Doggar told Compass that it did not appear that Mohan, who along with the rest of her family belongs to the American Reformed Presbyterian Church, went with Raza willingly. He said he had delayed registering a case on behalf of Mohan’s family only because Raza’s family had filed a complaint that Raza himself had been abducted.

After speaking with Compass, however, Doggar said he would file a First Information Report imminently.

“I want to fully investigate the matter so that no injustice is done to any party,” he said. “But the family of the girl should now come to the police station and surely their FIR will be registered.”

On the day of the kidnapping, Raza’s uncle, Zaffar Jamil, filed a complaint that Raza himself had been abducted as a smokescreen to delay police in pursuing the abduction of Mohan, Parvaiz said.

“In this way, the police would reject my police complaint, saying, ‘Raza was abducted, so how could he abduct Sonia?’” Parvaiz said.

In his uncle Jamil’s complaint to police, Jamil had said that two men identified only as Fahad and Almas – friends of Raza present in the waiting car when Raza allegedly kidnapped Mohan – were the ones who likely abducted Raza.

Compass has obtained a copy of Jamil’s complaint. He crafted it in such a way that he can withdraw it at any point, and he says he had only a suspicion about the abduction of Raza and the identity of the supposed culprits. Otherwise police would quickly determine that Fahad and Almas had not abducted Raza, and the tactic to delay justice would be short-lived, Parvaiz said.

APMA Chief Organizer in Punjab Province Khalid Gill told Compass that previously Fahad had employed duplicitous tactics to marry a Christian woman in Youhanabad, Lahore, and that for that reason Raza had sought Fahad’s help in tricking Mohan into going with him.

Gill said that in such kidnapping cases, police often delay investigations until after abducted women get pregnant, after which legally it is nearly impossible for courts to return them to their families.

“That is the reason that APMA has been asking for revision of the family laws, and that in such cases where such tactics have been used, the marriage should be declared void so that the girl returns to the family and starts living her life from where it was interrupted,” Gill said.

Jamil and Raza’s brother, Nasir Dilawar, and Dilawar’s wife Majidan, along with Raza’s brother Muhammad Asif, have assured Mohan’s family that she will be returned soon, but that promise also was only at attempt to forestall legal action, Parvaiz said.

He added that the fact that Raza and his accomplices felt it necessary to employ the ruses to delay police investigations was further evidence that Mohan and Raza had no prior relationship.

The family fears that the longer her return is delayed, the more likely that she will become pregnant or get intimidated into giving a statement in court that she went willingly due to her captors’ threats that her father or brothers will be killed if she refuses, Parvaiz said.

Report from Compass Direct News 

Baseless Case Against Turkish Christians Further Prolonged

Justice Ministry receives international inquiry about progress of trial.

SILIVRI, Turkey, February 15 (CDN) — Barely five minutes into the latest hearing of a more than three-year-old case against two Christians accused of “insulting Turkishness and Islam,” the session was over.

The prosecution had failed to produce their three final witnesses to testify against Hakan Tastan and Turan Topal for alleged crimes committed under Article 301 of the Turkish penal code. The same three witnesses had failed to heed a previous court summons to testify at the last hearing, held on Oct. 15, 2009.

This time, at the Jan. 28 hearing, one witness employed in Istanbul’s security police headquarters sent word to inform the court that she was recovering from surgery and unable to attend. Of the other two witnesses, both identified as “armed forces” personnel, one was found to be registered at an address 675 miles away, in the city of Iskenderun, and the other’s whereabouts had not yet been confirmed.

So the court issued instructions for the female witness to be summoned a third time, to testify at the next hearing, set for May 25. The court ordered the witness in Iskenderun to submit his “eyewitness” testimony in writing to the Iskenderun criminal court, to be forwarded to the Silivri court. No further action was taken to summon the third witness.

International Inquiry

Judge Hayrettin Sevim, who has presided over the last five hearings on the case, informed the plaintiff and defense lawyers that recently his court had been requested to supply the Justice Ministry with a copy of relevant documents and details from the case file.

An inquiry outside Turkey about the progress of the case, he said, prompted the request.

Seven different state prosecutors have been assigned to the case since Prosecutor Ahmet Demirhuyuk declared at the fourth hearing in July 2007 that “not a single concrete, credible piece of evidence” had been produced to support the accusations against the Protestant defendants. After Demihuyuk recommended that the charges be dropped and the two Christians acquitted, he was removed from the case.

Originally filed in October 2006, the controversial Article 301 case accused Tastan and Topal, both former Muslims who converted to Christianity, of slandering the Turkish nation and Muslim religion while involved in evangelistic activities in Silivri, an hour’s drive west of Istanbul in northwestern Turkey.

After Turkey enacted cosmetic changes in the wording of Article 301 in May 2008, all cases filed under this law require formal permission from the justice minister himself to go on to trial.

According to the Turkish Justice Ministry, only eight of more than 900 Article 301 cases sent for review since the law’s revision have been approved for prosecution. On Friday (Feb. 12) the Justice Ministry declined in writing a Compass request last month for a list of the eight cases in question.

Despite the lack of any legally credible evidence against Tastan and Topal, the Silivri case is one of those eight cases personally approved by the Justice Minister.

According to a CNNTURK report dated Dec. 8, 2009, U.S. President Barack Obama raised the Article 301 issue with Turkish Prime Minister Recep Tayyip Erdogan during their last face-to-face meeting in Washington, D.C.

“I think those asking about this don’t know what Article 301 is,” Erdogan reportedly said. “Until now it has only happened to eight persons.”

This month the Organization for Security and Cooperation in Europe criticized Turkey’s revision of Article 301, declaring that the government should simply abolish the law.

The Parliamentary Assembly of the Council of Europe (PACE) in Strasbourg also warned earlier this month that Turkey is violating Article 10 of the European Convention on Human Rights to the extent that the European Court of Human Rights may impose sanctions on Turkey over Article 301.

Noting that the Assembly welcomed previous amendments to the law, the most recent PACE report declares it “deplores the fact that Turkey has not abolished Article 301.”

Report from Compass Direct News 

Convictions Few in Anti-Christian Violence in Orissa, India

BJP legislator, a key suspect in Kandhamal violence, acquitted again and out on bail.

NEW DELHI, November 11 (CDN) — Following six acquittals last week in trials for those accused of the 2008 anti-Christian violence in India’s Orissa state and the release on bail of a key suspect, Christians are losing heart to strive for justice, according to a prosecuting attorney.

The acquittal of six suspects last week raises the total to 121, with just 27 convicted in the Orissa violence by Hindu extremists.

“The victims are so discouraged due to the increasing number of acquittals that they neither have hope nor motivation for the criminal revision of their cases in the higher court,” attorney Bibhu Dutta Das of the Orissa High Court told Compass.

He said the acquittals are the result of defective investigations carried out by police.

“This has been done intentionally, to cover-up the fundamentalists,” he said.

Das said that in many cases police fraudulently misrepresented the ages of culprits so that the ages of the accused in court would not match the age denoted in the victims’ First Information Reports, leaving the court no option but to let the alleged culprits go.

“There can be two persons by the same name, so age is a major identification factor that is considered,” said Das.

Christian leaders in Orissa said the state government’s claims of justice for the victims of the anti-Christian violence ring hollow as the number of acquittals is far more than convictions.

An Orissa state Member of Legislative Assembly (MLA) who was facing charges in 14 cases of “murder, burnings and assaults” in last year’s Kandhamal district violence against Christians has been released on bail in one of the murder cases.

Manoj Pradhan, MLA from the Hindu extremist Bharatiya Janata Party (BJP) in G. Udayagiri block, faces a murder charge in a slaying in Tiangia village. The Orissa High Court awarded him bail in the case, and he was released from Phulbani jail on Oct. 30.

On that day he was also acquitted of arson in a house-burning in Banjamaha village due to “lack of evidence.” In trials relating to the Orissa violence of August-September 2008, the Hindu extremist perpetrators have reportedly intimidated many witnesses to keep them from testifying.

“With Manoj Pradhan, who has charges of murder against him, released on bail, this is a big threat to the witnesses of cases against him,” attorney Das told Compass.

If Pradhan remains free, Das said, he likely will be acquitted in all other cases as he will be able to threaten witnesses.

“Pradhan is already acquitted in six cases, whereas eight cases are still pending against him,” Das said.

Special Public Prosecutor Bijay Pattnaik told reporters that Pradhan was acquitted of the arson charge as only one witness stepped forward.

“He was let off for want of evidence as there was a lone witness in the case,” Pattnaik said. “Only the victim testified in the case, and the charges against Pradhan could not be proved.”

Fast Track Court-I Judge Sobhan Kumar Das on Oct. 30 acquitted Pradhan of the house burning, which took place on Oct. 1, 2008. Earlier Pradhan was acquitted in two murder trials due to “lack of evidence.”

In another case, witnesses had testified to the involvement of Pradhan in the kidnapping of Kantheswar Digal – subsequently murdered on Aug. 25, 2008 – in Sankarakhole village, Phulbani district, but their testimony failed to convince the court to condemn the BJP politician. 

Pradhan was arrested and jailed in October 2008 and was elected as BJP MLA from the G. Udayagiri constituency while in jail.

Three Years of Prison

On Oct. 29 a fast track court at Phulbani sentenced three persons to three years rigorous imprisonment for destroying evidence in the murder of a man during the 2008 attacks in Kandhamal. Judge Das also imposed a fine of 1,000 rupees (US$21) each on Senapati Pradhan, 65, Revenswar Pradhan and Tidinja Pradhan, both 62. Failure to pay the fine would result in an additional three months of prison.

The three men were charged along with seven others for killing tribal elder Sidheswar Pradhan in the village of Solesoru, Tikabali block, on Aug. 25, 2008. 

Prosecutors said the three men clubbed Sidheswar Pradhan to death in front of villagers and family members, and that his body was set on fire. But the Judge Das convicted the three only of destruction of evidence in the case, exonerating them of the murder charges saying, “It could not be proved.”

Padisti Nayak, a 65-year-old widow, was reportedly burned alive on the same day. She had stayed back and not fled even after hearing the news of violence against Christians, believing the attackers would not harm an elderly woman.

Twelve days later Iswar Digal, her son-in-law who had fled to a refugee camp, contacted a district magistrate for information about her. When authorities inspected the family’s gutted home in Solesoru, they found only charred human remains, flesh and bones, which they collected as evidence of the violence.

The court acquitted the other seven of all charges due to lack of evidence against them.

Nabijini Pradhan, nephew of Sidheswar Pradhan, told Asia News that his family has since been receiving death threats.

“I cannot believe the murderers were acquitted,” he reportedly said. “Our family is at risk; we are getting death threats; they want to eliminate us. They killed and burned my uncle’s body to destroy every shred of evidence.”

Human rights activist Dhirendra Panda, a Hindu, told Asia News that some investigators are linked to Hindu extremists.

“Justice has been derailed, and some investigators are linked to the Sangh Parivar extremists,” Panda reportedly said. “They are determined to protect the accused, willing to manipulate cases rather than ensure justice for victims. Now not only are the religious rights of the population undermined, but also the core values of humanity and democracy.”

Report from Compass Direct News 

VIETNAM: AUTHORITIES PRESSURE NEW CHRISTIANS TO RECANT

Converts from ancestral animism threatened with violence, imprisonment.

HO CHI MINH CITY, November 21 (Compass Direct News) – In violation of Vietnam’s new religion policy, authorities in Lao Cai Province in Vietnam’s far north are pressuring new Christians among the Hmong minority to recant their faith and to re-establish ancestral altars, according to area church leaders.

Local authorities have warned that on Sunday (Nov. 23) they will come in force to Ban Gia Commune and Lu Siu Tung village, Bac Ha district, where the Christians reside, but they did not say what they would do.

When the authorities in Bac Ha district in Vietnam’s Northwest Mountainous Region discovered that villagers had converted to Christianity and discarded their altars, they sent “work teams’ to the area to apply pressure. Earlier this month they sent seven high officials – including Ban Gia Deputy Commune Chief Thao Seo Pao, district Police Chief A. Cuong and district Security Chief A. Son – to try to convince the converts that the government considered becoming a Christian a very serious offense.

Christian leaders in the area said threats included being cut off from any government services. When this failed to deter the new Christians, they said, the officials threatened to drive the Christians from their homes and fields, harm them physically and put them in prison.

When the Christians refused to buckle under the threats, a leader of the Christians, Chau Seo Giao, was summoned daily to the commune headquarters for interrogation. He refused to agree to lead his people back to their animistic beliefs and practices.

Giao asked the authorities to put their orders to recant the Christian faith into writing. The officials declined, with one saying, “We have complete authority in this place. We do not have to put our orders into writing.”

They held Giao for a day and night without food and water before releasing him. He is still required to report daily for “work sessions.”

In September, Hmong evangelists of the Vietnam Good News Church had traveled to the remote Ban Gia Commune where it borders Ha Giang province. Within a month, some 20 families numbering 108 people in Lu Siu Tung village had become Christians and had chosen Giao to be their leading elder.

Rapid growth of Christianity among Vietnam’s ethnic minorities in the northwest provinces has long worried authorities. There were no Protestant believers in the region in 1988, and today there are an estimated 300,000 in many hundreds of congregations. As recently as 2003, official government policy, according to top secret documents acquired by Vietnam Christians leaders, was the “eradication” of Christianity.

Under international pressure, however, a new, more enlightened religion policy was promulgated by Vietnam beginning in late 2004. Part of the new approach was an effort to eliminate forced renunciations of faith. The provisions and benefits of such legislation, however, have been very unevenly applied and have not reached many places such as Ban Gia Commune.

Vietnam’s Bureau of Religious Affairs prepared a special instruction manual for officials in the Northwest Mountainous Region on how to deal with the Protestant movement. Published in 2006 and entitled “Concerning the Task of the Protestant Religion in the Northwest Mountainous Region,” this document included plainly worded instructions for authorities to use all means to persuade new believers to return to their traditional beliefs and practices.

This document directly contravened Vietnam’s undertaking to outlaw any forcible change of religion. Under international pressure, the manual was revised and some language softened, but according to an analysis of the 2007 revision of the manual released in February by Christian Solidarity Worldwide (CSW), the language still communicates the goal of containing existing Christianity and leaves the door open to actively stop the spread of Christianity.

The Central Bureau of Religious Affairs instruction manual for training officials shows no change to the 2006 document’s core objective to “solve the Protestant problem” by subduing its development, concluded the February report by CSW and the International Society for Human Rights.

The 2006 manual had outlined a government plan to “resolutely subdue the abnormally rapid and spontaneous development of the Protestant religion in the region.”

“Whereas the 2006 manual provided specific legitimacy for local officials to force renunciations of faith among members of less well-established congregations, the 2007 edition imposes an undefined and arbitrary condition of stability upon the freedom of a congregation to operate,” the CSW report says. “Therefore, the treatment of any congregation deemed not to ‘stably practice religion’ is implicitly left to the arbitration of local officials, who had previously been mandated to force renunciations of faith.”

Without a full and unconditional prohibition on forcing renunciations of faith, the report concludes, the amended manual does not go far enough to redress problems in the 2006 original.

Officials in the remote village of Ban Gia felt no compunction to resort to strong-arm methods to halt the growth of Christianity, said one long-time Vietnam observer.

“When a church leader advised the central government of the problem in Ban Gia Commune, the pressure only increased,” he said. “The unavoidable conclusion is that it is still acceptable in Vietnam for officials to force recantations of Christian faith.”

Report from Compass Direct News